Stormwater Multi-Sector General Permit (MSGP) for ...proposed by EPA on March 30, 2000 (65 FR 17010). Today’s final MSGP will authorize the discharge of storm water from industrial

Archived Publication

This information provided in this document is for reference. Please be aware that the information in this document may be outdated or superseded by additional information.

The Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (2000 MSGP), issued in October 2000, expired at midnight on October 30, 2005. A new permit, the 2008 Multi-Sector General Permit (2008 MSGP) was issued on September 29, 2008. Visit www.epa.gov/npdes/stormwater/msgp to view the final 2008 MSGP and supporting documents.

Monday,

October 30, 2000

Part II

EnvironmentalProtection AgencyFinal Reissuance of National PollutantDischarge Elimination System (NPDES)Storm Water Multi-Sector General Permitfor Industrial Activities; Notice

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64746 Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 / Notices

ENVIRONMENTAL PROTECTIONAGENCY

[FRL–6880–5]

Final Reissuance of National PollutantDischarge Elimination System(NPDES) Storm Water Multi-SectorGeneral Permit for Industrial Activities

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Notice of Final NPDES generalpermit.

SUMMARY: The Regional Administratorsof EPA Regions 1, 2, 3, 4, 6, 8, 9 and10 are today reissuing EPA’s NPDESStorm Water Multi-Sector GeneralPermit (MSGP). This general permit wasfirst issued on September 29, 1995 (60FR 50804), and amended on February 9,1996 (61 FR 5248), February 20, 1996(61 FR 6412), September 24, 1996 (61FR 50020), August 7, 1998 (63 FR42534) and September 30, 1998 (63 FR52430). The reissuance of the MSGP wasproposed by EPA on March 30, 2000 (65FR 17010). Today’s final MSGP willauthorize the discharge of storm waterfrom industrial facilities consistent withthe terms of the permit.DATES: This MSGP shall be effective onOctober 30, 2000. This effective date isnecessary to provide dischargers withthe immediate opportunity to complywith Clean Water Act requirements inlight of the expiration of the existingMSGP on October 1, 2000. Deadlines forsubmittal of notices of intent areprovided in Section VI.A.2 of this factsheet and Part 2.1 of the MSGP. Today’sMSGP also provides additional dates forcompliance with the terms of thepermit.

ADDRESSES: The index to theadministrative record for the finalMSGP is available at the appropriateRegional Office or from the EPA WaterDocket Office in Washington, DC. Theadministrative record, includingdocuments immediately referenced inthis reissuance notice and applicabledocuments used to support the originalissuance of the MSGP in 1995, arestored at the EPA Water Docket Officeat the following address: Water Docket,MC–4101, U.S. EPA, 401 M Street SW,room EB57, Washington, DC 20460. Therecords are available for inspection from9 a.m. to 4 p.m., Monday throughFriday, excluding legal holidays. Forappointments to examine any portion ofthe administrative record, please callthe Water Docket Office at (202) 260–3027. A reasonable fee may be chargedfor copying. Specific record informationcan also be made available at the

appropriate Regional Office uponrequest.FOR FURTHER INFORMATION CONTACT: Forfurther information on the final MSGP,contact the appropriate EPA RegionalOffice. The name, address and phonenumber of the EPA Regional StormWater Coordinators are provided inSection VI.F of this fact sheet.Information is also available through theInternet on EPA’s Office of WastewaterManagement website at http://www.epa.gov/owm/sw.SUPPLEMENTARY INFORMATION: Thefollowing fact sheet providesbackground information andexplanation for today’s notice of finalMSGP reissuance, including a summaryResponse to Comments regarding thecomments which were received on theproposed MSGP. The actual language ofthe final MSGP appears after this factsheet.

Fact Sheet

Table of Contents

I. BackgroundA. Pollutants in Storm Water Discharges

Associated with Industrial Activities inGeneral

B. Summary of Options for ControllingPollutants

C. The Federal/Municipal Partnership: TheRole of Municipal Operators of Large andMedium Municipal Separate StormSewer Systems

II. Organization of Final MSGP and Summaryof Changes From the 1995 MSGP and theMarch 30, 2000 Proposed MSGP

III. Geographic Coverage of Final MSGPIV. Categories of Facilities Covered by Final

MSGPV. Limitations on Coverage

A. Storm Water Discharges Subject toEffluent Guidelines Limitations,Including New Source PerformanceStandards

B Historic PreservationC. Endangered SpeciesD. New Storm Water Discharges to Water

Quality-Impaired or Water Quality-Limited Receiving Waters

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

F. Storm Water Discharges PreviouslyCovered by an Individual Permit

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

VI. Summary of Common Permit ConditionsA. Notification Requirements1. Content of NOI2. Deadlines3. Municipal Separate Storm Sewer System

Operator Notification4. Notice of Termination5. Conditional Exclusion for No ExposureB. Special Conditions1. Prohibition of Non-storm Water

Discharges2. Releases of Reportable Quantities of

Hazardous Substances and Oil

3. Co-located Industrial Facilities4. Numeric Effluent Limitations5. Compliance with Water Quality

StandardsC. Common Storm Water Pollution

Prevention Plan (SWPPP) Requirements1. Pollution Prevention Team2. Description of the Facility and Potential

Pollution Sources3. Selection and Implementation of Storm

Water Controls4. DeadlinesD. Special Requirements1. Special Requirements for Storm Water

Discharges Associated With IndustrialActivity From Facilities Subject toEPCRA Section 313 Requirements

2. Special Requirements for Storm WaterDischarges Associated With IndustrialActivity From Salt Storage Facilities

3. Consistency With Other PlansE. Monitoring and Reporting Requirements1. Analytical Monitoring Requirements2. Compliance Monitoring3. Alternate Certification4. Reporting and Retention Requirements5. Sample Type6. Representative Discharge7. Sampling Waiver8. Quarterly Visual Examination of Storm

Water QualityF. Regional Offices1. Notice of Intent Address2. EPA Regional Office Addresses and

ContactsVII. Cost Estimates For Common Permit

RequirementsVIII. Special Requirements for Discharges

Associated With Specific IndustrialActivities

IX. Summary of Responses to Comments onthe Proposed MSGP

X. Economic Impact (Executive Order 12866)XI. Unfunded Mandates Reform ActXII. Paperwork Reduction ActXIII. Regulatory Flexibility Act

I. Background

The Regional Administrators of EPARegions 1, 2, 3, 4, 6, 8, 9 and 10 aretoday reissuing EPA’s NPDES StormWater Multi-Sector General Permit(MSGP). The MSGP currently authorizesstorm water discharges associated withindustrial activity for most areas of theUnited States where the NPDES permitprogram has not been delegated. TheMSGP was originally issued onSeptember 29, 1995 (60 FR 50804), andamended on February 9, 1996 (61 FR5248), February 20, 1996 (61 FR 6412),September 24, 1996 (61 FR 50020),August 7, 1998 (63 FR 42534) andSeptember 30, 1998 (63 FR 52430). Theproposed reissuance of the MSGPappeared in the Federal Register onMarch 30, 2000 (65 FR 17010).

The 1995 MSGP was the culminationof the group permit application processdescribed at 40 CFR 122.26(c)(2). Agroup permit application was one ofthree options for obtaining an NPDESindustrial storm water permit which


64747Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 / Notices

were provided by the 1990 storm waterpermit application regulations (55 FR48063). The 1990 regulations alsoprovided that industrial facilities couldapply for coverage under an existinggeneral NPDES permit or apply for anindividual permit. In 1992, EPA issueda baseline general permit (57 FR 41175and 57 FR 44412) to cover industrialfacilities which did not select the groupapplication option or submit anapplication for an individual permit.

In response to the group applicationoption, EPA received applications fromapproximately 1,200 groupsrepresenting nearly all of the categoriesof industrial facilities listed in the stormwater regulations at 40 CFR122.26(b)(14). To facilitate permitissuance for the group applications, EPAconsolidated the groups into 29industrial sectors, with subsectors alsoincluded in certain sectors asappropriate.

In developing the requirements for the1995 MSGP, EPA utilized and builtupon the storm water pollution controlrequirements of the 1992 baselinegeneral permit. The baseline permit hadrequired a storm water pollutionprevention plan (SWPPP) with genericbest management practice (BMP)requirements which applied to allfacilities covered by the permit. Inaddition, certain categories of facilitieswere required to monitor storm waterdischarges based on EPA’s bestprofessional judgment concerning therisks posed by the facilities.

The group permit applicationsincluded information concerning thespecific types of operations which arepresent at the different types ofindustrial facilities, potential sources ofpollutants at the facilities, industry-specific BMPs which are available, andmonitoring data from the different typesof facilities. Using this information, EPAdeveloped SWPPP requirements for theMSGP which consisted of the genericrequirements of the baseline permit plusindustry-specific requirementsdeveloped from the group applicationinformation. Also, the monitoringrequirements of the 1995 MSGP weredeveloped using the monitoring datasubmitted with the group applicationsrather than EPA’s best professionaljudgment.

On September 30, 1998 (63 FR 52430),EPA terminated the baseline generalpermit and required facilities whichwere previously covered by the baselinepermit to seek coverage under the MSGP(or submit an individual permitapplication). EPA believed that theMSGP, with its industry-specificrequirements, would provide improved

water quality benefits as compared tothe baseline permit.

For today’s reissuance of the MSGP,EPA has re-evaluated the industry-specific requirements of the MSGP. In afew instances, additional requirementshave been included based on newinformation which has been obtainedsince the original MSGP issuance in1995. These changes are discussed inmore detail in Section VIII of this factsheet, and in the Response toComments. EPA also re-evaluated themonitoring requirements of the existingMSGP. However, after review of thecomments received from the public, andthe monitoring data received during theterm of the 1995 MSGP, EPA hasretained the same monitoringrequirements for the reissued MSGP aswere found in the 1995 MSGP.

A. Pollutants in Storm Water DischargesAssociated With Industrial Activities inGeneral

The volume and quality of stormwater discharges associated withindustrial activity will depend on anumber of factors, including theindustrial activities occurring at thefacility, the nature of the precipitation,and the degree of surfaceimperviousness. A discussion of thesefactors was provided in the fact sheet forthe original proposed MSGP (58 FR61146 Nov. 19, 1993), and is not beingrepeated here.

B. Summary of Options for ControllingPollutants

Pollutants in storm water dischargesfrom industrial plants may be reducedusing the following methods:Eliminating pollution sources,implementing BMPs to preventpollution, using traditional storm watermanagement practices, and providingend-of-pipe treatment. A generaldiscussion of each of these wasincluded in the original proposed MSGP(58 FR 61146, Nov. 19, 1993), and is notbeing repeated here.

C. The Federal/Municipal Partnership:The Role of Municipal Operators ofLarge and Medium Municipal SeparateStorm Sewer Systems

A key issue in developing a workableregulatory program for controllingpollutants in storm water dischargesassociated with industrial activity is theproper use and coordination of limitedregulatory resources. This is especiallyimportant when addressing theappropriate role of municipal operatorsof large and medium municipal separatestorm sewer systems in the control ofpollutants in storm water associatedwith industrial activity which discharge

through municipal separate storm sewersystems. The original proposed MSGPdiscussed several key policy factors (see58 FR 61146).

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

The organization of today’s finalMSGP has been revised from the 1995MSGP to reduce the overall size of thepermit. In Part XI of the 1995 MSGP,many requirements such as SWPPP andmonitoring requirements which werecommon to each sector were repeated ineach sector, greatly adding to length ofthe permit. For today’s reissuance, suchrequirements are found only once inexpanded sections of the permit (Parts4 and 5) which include requirementscommon to each sector. Requirementswhich are genuinely unique to a givensector or subsector are found in Part 6in the permit. Similarly, Section VIII ofthe fact sheet for the 1995 MSGPrepeated certain explanatoryinformation in the discussions of sector-specific requirements, and also includedconsiderable descriptive informationabout the various sectors. To reduce thelength of today’s notice, most of thisinformation is not being repeated.Section VIII of today’s fact sheet focuseson the changes (if any) in the varioussectors. The reorganization andreduction of duplication have reducedthe size of the permit by approximately75%.

Also note that the section/paragraphidentification scheme of today’s finalMSGP has been modified from the 1995MSGP. The original scheme utilized asometimes lengthy combination ofnumbers, letters and Roman numerals(in both upper and lower cases) whichmany permittees found confusing.Today’s reissuance identifies sections/paragraphs, and hence permitconditions, using numbers only, exceptin Part 6 (which also incorporates thesector letters from the 1995 MSGP forconsistency). Under the original permit,only the last digit or letter of thesection/paragraph identifier appearedwith its accompanying section title/paragraph, making it difficult todetermine where you were in thepermit. In today’s reissuance, the entirestring of identifying numbers is listed ateach section/paragraph to facilitaterecognizing where you are and in citingand navigating through the permit. Forexample, paragraph number 1.2.3.5 tellsyou immediately that you are in Part 1,section 2, paragraph 3, subparagraph 5;whereas under the 1995 MSGP youwould only see an ‘‘e’’, thereby forcingyou to hunt back through the permit to



determine that you were in Part I.B.3.e.The exception to the numbering rule isin Part 6, where the Sector letters fromthe 1995 MSGP have been retained tocorrespond to the sectors of industrycovered by the permit and make it easyto tell that you are in a section of thepermit which has conditions whichonly apply to a specific industrialsector. For example, paragraph 6.F.3.4immediately tells you that you are inPart 6 and looking at conditions thatonly apply to sector ‘‘F’’ facilities. Insome cases, requirements whichpreviously appeared in a singleparagraph are now found listed out asseparate individual items. The finalMSGP is also written in EPA’s ‘‘readableregulations’’ style using terms like‘‘you’’ and ‘‘your’’ in referring topermittees, etc.

Following below is a list of the majorchanges included in the proposedMSGP of March 30, 2000 (as comparedto the 1995 MSGP) and retained intoday’s final MSGP. These changes arediscussed in more detail later in thisfact sheet.

1. Requirements for co-locatedactivities clarified (Part 1.2.1.1).

2. Incidental cooling tower mistdischarges included as an authorizednon-storm water discharge, subject tocertain requirements (Parts 1.2.2.2.13and 4.4.2.3).

3. Eligibility provided for coverage ofinactive mining activities occurring onFederal Lands where an operator hasnot been identified (Part 1.2.3).

4. Clarified language for situationswhere a discharge previously coveredby an individual permit can be coveredunder today’s MSGP (Part 1.2.3.3).

5. Clarified/added language forcompliance with water qualitystandards and requirements for follow-up actions if standards are exceeded(Parts 1.2.3.5 and 3.3).

6. ESA and NHPA eligibilityrequirements modified (Parts 1.2.3.6and 1.2.3.7).

7. Eligibility requirements fordischarges to water quality impaired/limited waterbodies added/clarified(Part 1.2.3.8).

8. Clarified that discharges which donot comply with anti-degradationrequirements are not authorized by thepermit (Part 1.2.3.9).

9. Deadline of 30 days for submissionof an NOT added (Part 1.4.2).

10. Opportunity for termination ofpermit coverage based on the ‘‘noexposure exemption’’ from the Phase IIstorm water regulations (64 FR 68722,12/8/99) added (Parts 1.5 and 11.4).

11. Notice of Intent requirements andmodified form (Part 2.2 and AddendumD).

12. Permit will accommodateelectronic filing of NOIs, NOTs, orDMRs, should these options becomeavailable during the term of the permit(Parts 2.3 and 7.1)

13. Prohibition on discharges of solidmaterials and floating debris andrequirement to minimize off-sitetracking of materials and generation ofdust added (Part 4.2.7.2.3).

14. Requirement to include a copy ofthe permit with the storm waterpollution prevention plan (SWPPP) wasadded (Part 4.7).

15. Special conditions for EPCRA 313facilities were modified (Part 4.12).

16. Monitoring requirementsreorganized and additional clarification/revisions on monitoring periods,waivers, default minimum monitoringfor limitations added by State 401certification, and reporting requirementsadded (Part 5).

17. Manufacturing of fertilizer fromleather scraps (SIC 2873) moved fromSector Z—Leather Tanning andFinishing to Sector C—Chemical andAllied Products (Table 1–1 and Part6.C).

18. New effluent limitationsguidelines for landfills in Sectors K andL included; the final guidelines werepublished in the Federal Register onJanuary 19, 2000 (65 FR 3007) (Parts6.K.5 and 6.L.6).

19. Sector AD (Non-ClassifiedFacilities) language clarified to say thatfacilities cannot choose coverage underSector AD, but can only be so assignedby permitting authority (Part 6.AD).

20. Additional BMP requirements inSectors S, T, and Y added (Parts 6.S,6.T, and 6.Y).

21. NOI to continue coverage underthe permit when it expires (without areplacement permit in place) is notrequired and the reapplication processhas been clarified (Part 9.2).

22. Process for EPA to removefacilities from permit coverage clarified(Part 9.12).

Following below is another list whichsummarizes the provisions of today’sfinal MSGP which differ from theproposed MSGP of March 30, 2000.

1. Reference to ‘‘drinking fountainwater’’ removed from Part 1.2.2.2.3.

2. Part 1.2.3.3.2.1 of the proposedMSGP was deleted. This requirementhad not allowed MSGP coverage forfacilities previously covered by anotherpermit, unless the other permit onlycovered storm water and MSGPauthorized non-storm water discharges.

3. Part 2.2.3.6 revised to indicate thatthe NOI must include the name of theMS4 receiving the discharges only if itis different from the permittee.

4. Part 4.9.3 revised to clarify the timeframe for implementation of revisedSWPPP.

5. Part 4.11 revised to requirepermittees to provide a copy of theirSWPPP to the public when requested inwriting to do so.

6. Sector E coverage was modified forconsistency with the September 30,1998 MSGP modification.

7. In Sector G, language was addedstating that non-storm water dischargesmust be tested or evaluated; this changeensures consistency with the 1995MSGP. Also in Sector G, the definitionof ‘‘reclamation’’ was revised.

8. The title for Sector I was changedto include ‘‘Refining.’’

9. Sector T revised for consistencywith 40 CFR 122.26(b)(14)(ix)concerning size of POTWs covered.

10. Section V.C. deleted therequirement to consider speciesproposed for listing as endangered orthreatened.

III. Geographic Coverage of FinalMSGP

The geographic coverage of today’sfinal MSGP includes the followingareas:

EPA Region 1—for the States ofMaine, Massachusetts and NewHampshire; for Indian Country landslocated in Massachusetts, Connecticut,Rhode Island and Maine; and forFederal facilities in the State ofVermont.

EPA Region 2—for theCommonwealth of Puerto Rico.

EPA Region 3—for the District ofColumbia and Federal facilities in theState of Delaware.

EPA Region 4—for Indian Countrylands located in the State of Florida.

EPA Region 6—for the State of NewMexico; for Indian Country landslocated in the States of Louisiana, NewMexico, Texas and Oklahoma (exceptNavajo lands and Ute MountainReservation lands); for oil and gasfacilities under SIC codes 1311, 1381,1382, and 1389 in the State of Oklahomanot on Indian Country lands; and oiland gas facilities under SIC codes 1311,1321, 1381, 1382, and 1389 in the Stateof Texas not on Indian Country lands.

EPA Region 8—for Federal facilities inthe State of Colorado; for IndianCountry lands in Colorado, NorthDakota, South Dakota, Wyoming andUtah (except Goshute and NavajoReservation lands); for Ute MountainReservation lands in Colorado and NewMexico; and for Pine Ridge Reservationlands in South Dakota and Nebraska.

EPA Region 9—for the State ofArizona; for the Territories of JohnstonAtoll, American Samoa, Guam, the



Commonwealth of Northern MarianaIslands, Midway and Wake Islands; forIndian Country lands located inArizona, California, and Nevada; and forthe Goshute Reservation in Utah andNevada, the Navajo Reservation in Utah,New Mexico, and Arizona, the DuckValley Reservation in Nevada andIdaho, and the Fort McDermittReservation in Oregon and Nevada.

EPA Region 10—for the State of Idaho;for Indian Country lands located inAlaska, Oregon (except Fort McDermittReservation lands), Idaho (except DuckValley Reservation lands) andWashington; and for Federal facilities inWashington.

For several reasons, the geographicarea of coverage described above differsfrom the area of coverage of the 1995MSGP. Indian country in Vermont andNew Hampshire has been removed sincethere are no Federally recognized tribesin these States. Also, state NPDESpermit programs have since beenauthorized in the States of SouthDakota, Louisiana, Oklahoma (except forcertain oil and gas facilities inOklahoma) and Texas (again except foroil and gas facilities). In Oklahoma, EPAmaintains NPDES permitting authorityover oil and gas exploration andproduction related industries, andpipeline operations regulated by theOklahoma Corporation Commission(See 61 FR 65049). Oklahoma receivedNPDES program authorization only forthose discharges covered by theauthority of the Oklahoma Departmentof Environmental Quality (ODEQ). InTexas, EPA maintains NPDESpermitting authority over oil and gas

discharges regulated by the TexasRailroad Commission (See 63 FR51164). Texas received NPDES programauthorization only for those dischargescovered by the authority of the TexasNatural Resource ConservationCommission (TNRCC).

Specific additional conditionsrequired in Region 6 as a result of aState or Tribal CWA Section 401certification have been added for NewMexico, Oklahoma, and the Pueblos ofIsleta, Pojoaque, San Juan, and Sandia.Numeric limitations for discharges inTexas contained in the previous permitpursuant to 31 TAC 319.22 and 319.23have been continued in accordance with40 CFR 122.44(d) and (l).

Federal facilities in Colorado, andIndian country located in Colorado(including the portion of the UteMountain Reservation located in NewMexico), North Dakota, South Dakota(including the portion of the Pine RidgeReservation located in Nebraska), Utah(except for the Goshute and NavajoReservation lands) and Wyoming werenot included in the 1995 MSGP, but areincluded in today’s MSGP. Indiancountry lands in Montana are notincluded at this time due to a recentcourt order. Prior to today, industrialfacilities in these areas were largelycovered under an extension of EPA’s1992 baseline general permit forindustries (57 FR 41175).

Also, subsequent to the issuance ofthe MSGP in 1995, coverage wasextended to the Island of Guam onSeptember 24, 1996 (61 FR 50020) andthe Commonwealth of the NorthernMariana Islands on September 30, 1998

(63 FR 52430). Certification was notreceived from Arizona in time for thatstate to be included in this permit.

The 1995 MSGP was issued in theState of Alaska, except Indian Country,on February 9, 1996 (61 FR 5247).Industrial facilities in Alaska outside ofIndian Country will continue to becovered under the 1995 MSGP throughFebruary 9, 2001. EPA will reissue thepermit for Alaska at a later date, andwill include any state-specificmodifications or additions or additionsapplicable to parts 1 through 12 of thispermit as part of the State’s Clean WaterAct Section 401 or Coastal ZoneManagement Act certification processes.

Lastly, today’s MSGP reissuancediffers from the March 30, 2000 MSGPproposal in that the State of Florida(except for Indian country) is notincluded. This is a result of the recentNPDES program delegation to the Stateof Florida.

There are some areas where theNPDES permit program has not beendelegated (such as Indian country instates not listed above) where neitherthe MSGP nor an alternate generalpermit is available for authorization ofstorm water discharges associated withindustrial activity. However, only a verysmall number of permittees exist insuch areas and individual permits areissued as needed.

IV. Categories of Facilities Covered bythe Final MSGP

Today’s final MSGP authorizes stormwater discharges associated withindustrial activity from the categories offacilities shown in Table 1 below:

TABLE 1.—SECTOR/SUBSECTORS COVERED BY THE FINAL MSGP

Subsector SIC code Activity represented

Sector A. Timber Products

1* ....................... 2421 ............................................ General Sawmills and Planning Mills.2 ........................ 2491 ............................................ Wood Preserving.3* ....................... 2411 ............................................ Log Storage and Handling.4* ....................... 2426 ............................................ Hardwood Dimension and Flooring Mills.

2429 ............................................ Special Product Sawmills, Not Elsewhere Classified.2431–2439 (except 2434) ........... Millwork, Veneer, Plywood, and Structural Wood.2448, 2449 .................................. Wood Containers.2451, 2452 .................................. Wood Buildings and Mobile Homes.2493 ............................................ Reconstituted Wood Products.2499 ............................................ Wood Products, Not Elsewhere Classified.

Sector B. Paper and Allied Products Manufacturing

1 ........................ 2611 ............................................ Pulp Mills.2 ........................ 2621 ............................................ Paper Mills.3* ....................... 2631 ............................................ Paperboard Mills.4 ........................ 2652–2657 .................................. Paperboard Containers and Boxes.5 ........................ 2671–2679 .................................. Converted Paper and Paperboard Products, Except Containers and Boxes.

Sector C. Chemical and Allied Products Manufacturing

1* ....................... 2812–2819 .................................. Industrial Inorganic Chemicals.



TABLE 1.—SECTOR/SUBSECTORS COVERED BY THE FINAL MSGP—Continued


2* ....................... 2821–2824 .................................. Plastics Materials and Synthetic Resins, Synthetic Rubber, Cellulosic and Other Man-made Fibers Except Glass.

3 ........................ 2833–2836 .................................. Medicinal chemicals and botanical products; pharmaceutical preparations,; invitro andinvivo diagnostic substances; biological products, except diagnostic substances.

4* ....................... 2841–2844 .................................. Soaps, Detergents, and Cleaning Preparations; Perfumes, Cosmetics, and Other ToiletPreparations.

5 ........................ 2851 ............................................ Paints, Varnishes, Lacquers, Enamels, and Allied Products.6 ........................ 2861–2869 .................................. Industrial Organic Chemicals.7* ....................... 2873–2879 .................................. Agricultural Chemicals, Including Facilities that Make Fertilizer Solely from Leather

Scraps and Leather Dust.8 ........................ 2891–2899 .................................. Miscellaneous Chemical Products.9 ........................ 3952 (limited to list) ..................... Inks and Paints, Including China Painting Enamels, India Ink, Drawing Ink, Platinum

Paints for Burnt Wood or Leather Work, Paints for China Painting, Artist’s Paints andArtist’s Watercolors.

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

1* ....................... 2951, 2952 .................................. Asphalt Paving and Roofing Materials.2 ........................ 2992, 2999 .................................. Miscellaneous Products of Petroleum and Coal.

Sector E. Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing

1 ........................ 3211 ............................................ Flat Glass.3221, 3229 .................................. Glass and Glassware, Pressed or Blown.3231 ............................................ Glass Products Made of Purchased Glass.3281 ............................................ Cut Stone and Stone Products.3291–3292 .................................. Abrasive and Asbestos Products.3296 ............................................ Mineral Wool.3299 ............................................ Nonmetallic Mineral Products, Not Elsewhere Classified.

2 ........................ 3241 ............................................ Hydraulic Cement.3* ....................... 3251–3259 .................................. Structural Clay Products.

3261–3269 .................................. Pottery and Related Products.3297 ............................................ Non-Clay Refractories.

4* ....................... 3271–3275 .................................. Concrete, Gypsum and Plaster Products.3295 ............................................ Minerals and Earth’s, Ground, or Otherwise Treated.

Sector F. Primary Metals

1* ....................... 3312–3317 .................................. Steel Works, Blast Furnaces, and Rolling and Finishing Mills.2* ....................... 3321–3325 .................................. Iron and Steel Foundries.3 ........................ 3331–3339 .................................. Primary Smelting and Refining of Nonferrous Metals.4 ........................ 3341 ............................................ Secondary Smelting and Refining of Nonferrous Metals.5* ....................... 3351–3357 .................................. Rolling, Drawing, and Extruding of Nonferrous Metals.6* ....................... 3363–3369 .................................. Nonferrous Foundries (Castings).7 ........................ 3398, 3399 .................................. Miscellaneous Primary Metal Products.

Sector G. Metal Mining (Ore Mining and Dressing)

1 ........................ 1011 ............................................ Iron Ores.2* ....................... 1021 ............................................ Copper Ores.3 ........................ 1031 ............................................ Lead and Zinc Ores.4 ........................ 1041, 1044 .................................. Gold and Silver Ores.5 ........................ 1061 ............................................ Ferroalloy Ores, Except Vanadium.6 ........................ 1081 ............................................ Metal Mining Services.7 ........................ 1094, 1099 .................................. Miscellaneous Metal Ores.

Sector H. Coal Mines and Coal Mining-Related Facilities

NA* .................... 1221–1241 .................................. Coal Mines and Coal Mining-Related Facilities Sector.

Sector I. Oil and Gas Extraction and Refining

1* ....................... 1311 ............................................ Crude Petroleum and Natural Gas.2 ........................ 1321 ............................................ Natural Gas Liquids.3* ....................... 1381–1389 .................................. Oil and Gas Field Services.4 ........................ 2911 ............................................ Petroleum refining.

Sector J. Mineral Mining and Dressing

1* ....................... 1411 ............................................ Dimension Stone.1422–1429 .................................. Crushed and Broken Stone, Including Rip Rap.





1481 ............................................ Nonmetallic Minerals, Except Fuels.2* ....................... 1442, 1446 .................................. Sand and Gravel.3 ........................ 1455, 1459 .................................. Clay, Ceramic, and Refractory Materials.4 ........................ 1474–1479 .................................. Chemical and Fertilizer Mineral Mining.

1499 ............................................ Miscellaneous Nonmetallic Minerals, Except Fuels.

Sector K. Hazardous Waste Treatment Storage or Disposal Facilities

NA* .................... HZ ................................................ Hazardous Waste Treatment, Storage or Disposal.

Sector L. Landfills and Land Application Sites

NA* .................... LF ................................................ Landfills, Land Application Sites and Open Dumps.

Sector M. Automobile Salvage Yards

NA* .................... 5015 ............................................ Automobile Salvage Yards.

Sector N. Scrap Recycling Facilities

NA* .................... 5093 ............................................ Scrap Recycling Facilities.

Sector O. Steam Electric Generating Facilities

NA* .................... SE ................................................ Steam Electric Generating Facilities.

Sector P. Land Transportation

1 ........................ 4011, 4013 .................................. Railroad Transportation.2 ........................ 4111–4173 .................................. Local and Highway Passenger Transportation.3 ........................ 4212–4231 .................................. Motor Freight Transportation and Warehousing.4 ........................ 4311 ............................................ United States Postal Service.5 ........................ 5171 ............................................ Petroleum Bulk Stations and Terminals.

Sector Q. Water Transportation

NA* .................... 4412–4499 .................................. Water Transportation.

Sector R. Ship and Boat Building or Repairing Yards

NA ..................... 3731, 3732 .................................. Ship and Boat Building or Repairing Yards.

Sector S. Air Transportation Facilities

NA* .................... 4512–4581 .................................. Air Transportation Facilities.

Sector T. Treatment Works

NA* .................... TW ............................................... Treatment Works.

Sector U. Food and Kindred Products

1 ........................ 2011–2015 .................................. Meat Products.2 ........................ 2021–2026 .................................. Dairy Products.3 ........................ 2032 ............................................ Canned, Frozen and Preserved Fruits, Vegetables and Food Specialties.4* ....................... 2041–2048 .................................. Grain Mill Products.5 ........................ 2051–2053 .................................. Bakery Products.6 ........................ 2061–2068 .................................. Sugar and Confectionery Products.7* ....................... 2074–2079 .................................. Fats and Oils.8 ........................ 2082–2087 .................................. Beverages.9 ........................ 2091–2099 .................................. Miscellaneous Food Preparations and Kindred Products.

2111–2141 .................................. Tobacco Products.

Sector V. Textile Mills, Apparel, and Other Fabric Product Manufacturing

1 ........................ 2211–2299 .................................. Textile Mill Products.2 ........................ 2311–2399 .................................. Apparel and Other Finished Products Made From Fabrics and Similar Materials.

3131–3199 (except 3111) ........... Leather Products.





Sector W. Furniture and Fixtures

NA ..................... 2511–2599 .................................. Furniture and Fixtures.2434 ............................................ Wood Kitchen Cabinets.

Sector X. Printing and Publishing

NA ..................... 2711–2796 .................................. Printing, Publishing and Allied Industries.

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

1* ....................... 3011 ............................................ Tires and Inner Tubes.3021 ............................................ Rubber and Plastics Footwear.3052, 3053 .................................. Gaskets, Packing, and Sealing Devices and Rubber and Plastics Hose and Belting.3061, 3069 .................................. Fabricated Rubber Products, Not Elsewhere Classified.

2 ........................ 3081–3089 .................................. Miscellaneous Plastics Products.3931 ............................................ Musical Instruments.3942–3949 .................................. Dolls, Toys, Games and Sporting and Athletic Goods.3951–3955 (except 3952 as

specified in Sector C).Pens, Pencils, and Other Artists’ Materials.

3961, 3965 .................................. Costume Jewelry, Costume Novelties, Buttons, and Miscellaneous Notions, Except Pre-cious Metal.

3991–3999 .................................. Miscellaneous Manufacturing Industries.

Sector Z. Leather Tanning and Finishing

NA ..................... 3111 ............................................ Leather Tanning and Finishing.

Sector AA. Fabricated Metal Products

1* ....................... 3411–3499 .................................. Fabricated Metal Products, Except Machinery and Transportation Equipment and Cutting,Engraving and Allied Services.

3911–3915 .................................. Jewelry, Silverware, and Plated Ware.2* ....................... 3479 ............................................ Coating, Engraving, and Allied Services.

Sector AB. Transportation Equipment, Industrial or Commercial Machinery

NA ..................... 3511–3599 (except 3571–3579) Industrial and Commercial Machinery (except Computer and Office Equipment—see Sec-tor AC).

NA ..................... 3711–3799 (except 3731, 3732) Transportation Equipment (except Ship and Boat Building and Repairing—see Sector R).

Sector AC. Electronic, Electrical, Photographic and Optical Goods

NA ..................... 3612–3699 .................................. Electronic, Electrical Equipment and Components, Except Computer Equipment.3812–3873 .................................. Measuring, Analyzing and Controlling Instrument; Photographic and Optical Goods,

Watches and Clocks.3571–3579 .................................. Computer and Office Equipment.

Sector AD. Reserved for Facilities Not Covered Under Other Sectors and Designated by the Director

* Denotes subsector with analytical (chemical) monitoring requirements.NA indicates those industry sectors in which subdivision into subsectors was determined to be not applicable.

The final MSGP modification ofSeptember 30, 1998 (63 FR 52430)expanded the coverage of the 1995MSGP to include a small number ofcategories of facilities which had beencovered by the 1992 baseline industrialgeneral permit but excluded from theMSGP. In Table 1 above, thesecategories have been included in theappropriate sectors/subsectors of theMSGP as determined by the September30, 1998 modification.

With the September 30, 1998modification, EPA believes that theMSGP now covers all of the categories

of industrial facilities which maydischarge storm water associated withindustrial activity as defined at 40 CFR122.26(b)(14) (except constructionactivities disturbing five or more acreswhich are permitted separately).However, the September 30, 1998modification also added another sectorto the MSGP (Sector AD) to cover anyinadvertent omissions. EPA has retainedSector AD in today’s reissued MSGP.

Sector AD is further intended toprovide a readily available means forcovering many of the storm waterfacilities which are designated for

permitting in accordance with NPDESregulations at 40 CFR 122.26(g)(1)(i).These regulations provide that permitapplications may be required within 180days of notice for any discharges whichcontribute to a violation of a waterquality standard, or are determined tobe significant sources of pollutants.

EPA also recognizes that a new NorthAmerican Industry ClassificationSystem (NAICS) was recently adoptedby the Office of Management andBudget (62 FR 17288, April 9, 1997).NAICS replaces the 1987 standardindustrial classification (SIC) code



system for the collection of statisticaleconomic data. However, the use of thenew system for nonstatistical purposesis optional. EPA considered the use ofNAICS for the today’s MSGP reissuance,but elected to retain the 1987 SIC codesystem since the storm water regulations(40 CFR 122.26(b)(14)) reference theprevious system and this system hasgenerally proven to be adequate foridentifying the facilities covered by

storm water regulations. EPA willconsider transitioning to the new NAICSsystem in future rule making.

V. Limitations on Coverage

A. Storm Water Discharges Subject toEffluent Guideline Limitations,Including New Source PerformanceStandards

The general prohibition on coverageof storm water subject to an effluent

guideline limitation in the 1995 MSGPhas been retained in today’s MSGPreissuance. Only those storm waterdischarges subject to the followingeffluent guidelines are eligible forcoverage (provided they meet all othereligibility requirements):

TABLE 2.—EFFLUENT GUIDELINES APPLICABLE TO DISCHARGES THAT MAY BE ELIGIBLE FOR PERMIT COVERAGE

Effluent guideline

New Sourceperformancestandards in-

cluded in efflu-ent guidelines?

Sectors with af-fected facilities

Runoff from material storage piles at cement manufacturing facilities [40 CFR Part 411 Subpart C (estab-lished February 23, 1977)].

Yes E

Contaminated runoff from phosphate fertilizer manufacturing facilities [40 CFR Part 418 Subpart A (estab-lished April 8, 1974)].

Yes C

Coal pile runoff at steam electric generating facilities [40 CFR Part 423 (established November 19, 1982)] Yes ODischarges resulting from spray down or intentional wetting of logs at wet deck storage areas [40 CFR

Part 429, Subpart I (established January 26, 1981)].Yes A

Mine dewatering discharges at crushed stone mines [40 CFR part 436, Subpart B] ...................................... No JMine dewatering discharges at construction sand and gravel mines [40 CFR part 436, Subpart C] .............. No JMine dewatering discharges at industrial sand mines [40 CFR part 436, Subpart D] ..................................... No JRunoff from asphalt emulsion facilities [40 CFR Part 443 Subpart A (established July 24, 1975)]. ................ Yes DRunoff from landfills, [40 CFR Part 445, Subpart A and B (established February 2, 2000.] ........................... Yes K & L

Section 306 of the Clean Water Act(CWA) requires EPA to developperformance standards for all newsources described in that section. Thesestandards apply to all facilities which gointo operation after the date thestandards are promulgated. Section511(c) of the CWA requires the Agencyto comply with the NationalEnvironmental Policy Act (NEPA) priorto issuance of a permit under theauthority of Section 402 of the CWA tofacilities defined as a new source underSection 306.

The fact sheet for the 1995 MSGPdescribed a process for ensuringcompliance with NEPA for the MSGP(60 FR 50809). This process, which isrepeated below, has been retained forthe reissued MSGP. Additionalguidance is found in a new AddendumC to the final MSGP.

Facilities which are subject to theperformance standards for new sourcesas described in this section of the factsheet must provide EPA with anEnvironmental Information Documentpursuant to 40 CFR 6.101 prior toseeking coverage under this permit. Thisinformation shall be used by the Agencyto evaluate the facility under therequirements of NEPA in anEnvironmental Review. The Agency willmake a final decision regarding thedirect or indirect impact of thedischarge. The Agency will follow all

administrative procedures required inthis process. The permittee must obtaina copy of the Agency’s final findingprior to the submission of a Notice ofIntent to be covered by this generalpermit. In order to maintain eligibility,the permittee must implement anymitigation required of the facility as aresult of the NEPA review process.Failure to implement mitigationmeasures upon which the Agency’sNEPA finding is based is grounds fortermination of permit coverage. In thisway, EPA has established a procedurewhich allows for the appropriate reviewprocedures to be completed by thisAgency prior to the issuance of a permitunder Section 402 of the CWA to anoperator of a facility subject to the newsource performance standards of Section306 of the CWA. EPA believes that it hasfulfilled its requirements under NEPAfor this Federal action under Section402 of the CWA.

B. Historic Preservation

The National Historic PreservationAct (NHPA) requires Federal agencies totake into account the effects of Federalundertakings, including undertakingson historic properties that are eitherlisted on, or eligible for listing on, theNational Register of Historic Places. Theterm ‘‘Federal undertaking’’ is definedin the existing NHPA regulations toinclude any project, activity, or program

under the direct or indirect jurisdictionof a Federal agency that can result inchanges in the character or use ofhistoric properties, if any such historicproperties are located in the area ofpotential effects for that project, activity,or program. See 36 CFR 802(o). Historicproperties are defined in the NHPAregulations to include prehistoric orhistoric districts, sites, buildings,structures, or objects that are includedin, or are eligible for inclusion in, theNational Register of Historic Places. See36 CFR 802(e).

Federal undertakings include EPA’sissuance of general NPDES permits. Inlight of NHPA requirements, EPAincluded a provision in the eligibilityrequirements of the 1995 MSGP for theconsideration of the effects to historicproperties. That provision provided thatan applicant is eligible for permitcoverage only if: (1) the applicant’sstorm water discharges and BMPs tocontrol storm water runoff do not affecta historic property, or (2) the applicanthas obtained, and is in compliance with,a written agreement between theapplicant and the State HistoricPreservation Officer (SHPO) thatoutlines all measures to be taken by theapplicant to mitigate or prevent adverseeffects to the historic property. See PartI.B.6, 60 FR 51112 (September 29, 1995).When applying for permit coverage,applicants were required to certify in



the NOI that they are in compliancewith the Part I.B.6 eligibilityrequirements. Provided there are noother factors limiting permit eligibility,MSGP coverage was then granted 48hours after the postmark on theenvelope used to mail the NOI.

The September 30, 1998 modificationincluded two revisions of the originalMSGP with respect to historicproperties. First, EPA amended theoriginal Part I.B.6.(ii) to include areference to Tribal Historic PreservationOfficers (THPOs) because MSGPcoverage extends to Tribal lands and inrecognition of the central role Tribalgovernments play in the protection ofhistoric resources. Second, EPAincluded NHPA guidance and a list ofSHPO and THPO addresses in a newAddendum I to the MSGP to assistapplicants with the certification processfor permit eligibility under thiscondition.

For today’s MSGP reissuance, EPAhas modified slightly the requirementsof the first option for obtaining permitcoverage to enhance the protection ofhistoric properties. Permit coverage isonly available if storm water andallowable non-storm water dischargesand ‘‘discharge-related activities’’ do notaffect historic properties. ‘‘Discharge-related activities’’ are defined to includeactivities which cause, contribute to, orresult in storm water and allowable non-storm water point source discharges,and measures such as the siting,construction and operation of BMPs tocontrol, reduce or prevent pollution inthe discharges. Discharge-relatedactivities are included to ensurecompliance with NHPA requirements toconsider the effects of activities whichare related to the activity which ispermitted, i.e., the storm water and non-storm water discharges. Because thischange was minor, EPA is relying on its1995 and 1998 consultations with theAdvisory Council on HistoricPreservation as its basis for reissuanceof this permit.

Also, as discussed in Section VI.A.1below, EPA intends to modify,contingent upon Office of Managementand Budget review and approval, theNotice of Intent form to require thatoperators identify which of the abovetwo options they are using to ensureeligibility for permit coverage under theMSGP. The NHPA guidance has alsobeen modified to reflect the abovepending changes, and appears inAddendum B in today’s notice ratherthan Addendum I. Until the revisedform is approved and issued, the currentform (with minor clarifications) remainsin effect.

Facilities seeking coverage undertoday’s MSGP which cannot certifycompliance with the NHPArequirements must submit individualpermit applications to the permittingauthority. For facilities already coveredby the existing MSGP, the deadline forthe individual applications is the sameas that for NOIs requesting coverageunder the reissued MSGP (December 29,2000).

C. Endangered SpeciesThe Endangered Species Act (ESA) of

1973 requires Federal Agencies such asEPA to ensure, in consultation with theU.S. Fish and Wildlife Service (FWS)and the National Marine FisheriesService (NMFS) (also knowncollectively as the ‘‘Services’’), that anyactions authorized, funded, or carriedout by the Agency (e.g., EPA issuedNPDES permits authorizing dischargesto waters of the United States) are notlikely to jeopardize the continuedexistence of any Federally-listedendangered or threatened species oradversely modify or destroy criticalhabitat of such species (see 16 U.S.C.1536(a)(2), 50 CFR 402 and 40 CFR122.49(c)).

For the 1995 MSGP, EPA conductedformal consultation with the Serviceswhich resulted in a joint Servicebiological opinion issued by the FWS onMarch 31, 1995, and by the NMFS onApril 5, 1995, which concluded that theissuance and operation of the MSGPwas not likely to jeopardize theexistence of any listed endangered orthreatened species, or result in theadverse modification or destruction ofany critical habitat.

The 1995 MSGP contained a numberof conditions to protect listed speciesand critical habitat. Permit coverage wasprovided only where:

• The storm water discharge(s), andthe construction of BMPs to controlstorm water runoff, were not likely tojeopardize species identified inAddendum H of the permit; or

• The applicant’s activity hadreceived previous authorization underthe Endangered Species Act andestablished an environmental baselinethat was unchanged; or,

• The applicant was implementingappropriate measures as required by theDirector to address jeopardy.

For today’s MSGP reissuance, EPAhas modified the ESA-relatedrequirements for obtaining permitcoverage to enhance the protection oflisted species. First, permit coverage isonly available if storm water andallowable non-storm water dischargesand ‘‘discharge-related activities’’ resultin no jeopardy to listed species.

‘‘Discharge-related activities’’ aredefined to include activities whichcause, contribute to or result in stormwater and allowable non-storm waterpoint source discharges, and measuressuch as the siting, construction andoperation of BMPs to control, reduce orprevent pollution in the discharges.Discharge-related activities are includedfor compliance with ESA requirementsto consider the effects of activitieswhich are related to the activity whichis permitted, i.e., the storm water andnon-storm water discharges.

In addition, operators seekingcoverage under the reissued MSGP mustcertify that they are eligible for coverageunder one of the following five optionswhich are provided in Parts 1.2.3.6.3.1through 5 of the permit:

1. No endangered or threatenedspecies or critical habitat are inproximity to the facility or the pointwhere authorized discharges reach thereceiving water; or

2. In the course of a separate federalaction involving the facility (e.g., EPAprocessing request for an individualNPDES permit, issuance of a CWASection 404 wetlands dredge and fillpermit, etc.), formal or informalconsultation with the Fish and WildlifeService and/or the National MarineFisheries Service under Section 7 of theESA has been concluded and thatconsultation:

(a) addressed the effects of the stormwater and allowable non-storm waterdischarges and discharge-relatedactivities on listed species and criticalhabitat and

(b) the consultation resulted in eithera no jeopardy opinion or a writtenconcurrence by the Service(s) on afinding that the storm water andallowable non-storm water dischargesand discharge-related activities are notlikely to jeopardize listed species orcritical habitat; or

3. The activities are authorized underSection 10 of the ESA and thatauthorization addresses the effects ofthe storm water and allowable non-storm water discharges and discharge-related activities on listed species andcritical habitat; or

4. Using due diligence, the operatorhas evaluated the effects of the stormwater discharges, allowable non-stormwater discharges, and discharge-relatedactivities on listed endangered orthreatened species and critical habitatand does not have reason to believelisted species or critical habitat wouldbe jeopardized; or

5. The storm water and allowablenon-storm water discharges anddischarge-related activities were alreadyaddressed in another operator’s



certification of eligibility under Part1.2.3.6.3.1 through 1.2.3.6.3.4 whichincluded the facility’s activities. Bycertifying eligibility under this Part, apermittee agrees to comply with anymeasures or controls upon which theother operator’s certification was based.

The first four options listed above aresimilar to the eligibility provisions ofthe 1995 MSGP. Option 5 was added toaccount for situations such as an airportfacility where one operator (e.g., theairport authority) may have covered theentire airport through its certification.Option 5 allows other operators to takeadvantage of such a certificationwithout repeating the reviewsconducted by the first operator. Option1 applies to operators who are notjeopardizing endangered speciesbecause listed species simply are not inproximity to their facility. Option 4applies to operators who haveendangered species nearby and mustlook more closely at potential jeopardyand may need to adopt measures toreduce the risk of jeopardy to listedspecies or critical habitat. The provisionof the two options to determine that afacility is unlikely to jeopardize listedspecies, coupled with the pending newNOI requirement to indicate whether ornot the Service was contacted in makingthe determination, will also allow forbetter oversight of the permit. Under the1995 permit, there was no way to tellfrom the NOI information whether thedecision on eligibility was due to nospecies in the county, a discussion withthe Service, or a simple unilateraldecision by the operator.

Addendum H of the 1995 MSGPprovided instructions to assistpermittees in determining whether theymet the permit’s ESA-related eligibilityrequirements. For today’s reissuedMSGP, this guidance has been updatedto reflect the above requirements andappears as Addendum A. As noted inSection VI.A.1 below, EPA intends tomodify the Notice of Intent form toconform with new ESA requirementsdiscussed above.

Addendum H of the 1995 MSGPcontained a list of proposed and listedendangered and threatened species thatcould be jeopardized by the dischargesand measures to control pollutants inthe discharges. EPA reinitiated andcompleted formal consultation with theServices for the September 30, 1998modification of the MSGP. As a resultof this consultation and in response topublic comments on the modification,EPA updated the species list inAddendum H to include species thatwere listed or proposed for listing sincethe Addendum H list was originallycompiled on March 31, 1995. EPA also

decided to expand the list to include allof the terrestrial (i.e., non-aquatic) listedand proposed species in recognition thatthose species may be impacted bypermitted activities such as theconstruction and operation of the BMPs.The September 30, 1998 MSGPmodification included the species listupdated as of July 8, 1998 (63 FR52494). The species list is also beingupdated on a regular basis and anelectronic copy of the list is available atthe Office of Wastewater Managementwebsite at ‘‘http://www.epa.gov/owm/esalst2.htm’’. The information may alsobe obtained by contacting the Services.The permittee is responsible forobtaining the updated information.

Based on comments received on theproposed MSGP on March 30, 2000 (65FR 17010), the final permit requiresfacility operators to consider only listedendangered or threatened species, andnot species proposed to be listed.Further explanation for the change canbe found in Section IX of this notice.

On August 10, 2000, EPA initiatedinformal consultation with FWS andNMFS on EPA’s finding of no likelihoodof adverse effect on threatened andendangered species and critical habitatresulting from issuance of MSGP–2000.On September 22, 2000 FWS concurredwith EPA’s finding.

To be eligible for coverage undertoday’s reissued MSGP, facilities mustreview the updated list of species andtheir locations in conjunction with theAddendum A instructions forcompleting the applicationrequirements under this permit. If anapplicant determines that none of thespecies identified in the updatedspecies list is found in the county inwhich the facility is located, then thereis a likelihood of no jeopardy and theyare eligible for permit coverage.Applicants must then certify that theirstorm water and allowable non-stormwater discharges, and their discharge-related activities, are not likely tojeopardize species and will be grantedMSGP permit coverage 48 hours afterthe date of the postmark on theenvelope used to mail the NOI form,provided there are no other factorslimiting permit eligibility.

If listed species are located in thesame county as the facility seekingMSGP coverage, then the applicant mustdetermine whether the species are inproximity to the storm water orallowable non-storm water discharges ordischarge-related activities at thefacility. A species is in proximity to astorm water or allowable non-stormwater discharge when the species islocated in the path or down gradientarea through which or over which the

point source discharge flows fromindustrial activities to the point ofdischarge into the receiving water, andonce discharged into the receivingwater, in the immediate vicinity of, ornearby, the discharge point. A species isalso in proximity if it is located in thearea of a site where discharge-relatedactivities occur. If an applicantdetermines there are no species inproximity to the storm water orallowable non-storm water discharges,or discharge-related activities, thenthere is no likelihood of jeopardizingthe species and the applicant is eligiblefor permit coverage.

If species are in proximity to thestorm water or allowable non-stormwater discharges or discharge-relatedactivities, as long as they have beenconsidered as part of a previous ESAauthorization of the applicant’s activity,and the environmental baselineestablished in that authorization isunchanged, the applicant may becovered under the permit. Theenvironmental baseline generallyincludes the past and present impacts ofall Federal, state and private actions thatwere occurring at the time the initialNPDES authorization and current ESAsection 7 action by EPA or any otherfederal agency was taken. Therefore, ifa permit applicant has receivedprevious authorization and nothing haschanged or been added to theenvironmental baseline established inthe previous authorization, thencoverage under this permit will beprovided.

In the absence of such previousauthorization, if species identified inthe updated species list are in proximityto the discharges or discharge-relatedactivities, then the applicant mustdetermine whether there is any likelyjeopardy to the species. This is done bythe applicant conducting a furtherexamination or investigation, or analternative procedure, as described inthe instructions in Addendum A of thepermit. If the applicant determines thatthere is no likely jeopardy to thespecies, then the applicant is eligible forpermit coverage. If the applicantdetermines that there likely is, or willlikely be any jeopardy, then theapplicant is not eligible for MSGPcoverage unless or until he or she canmeet one of the other eligibilityconditions.

All dischargers applying for coverageunder the MSGP must provide in theapplication information on the Notice ofIntent form: (1) A determination as towhether there are any listed species inproximity to the storm water orallowable non-storm water discharges ordischarge related activity, and (2) (when



EPA receives approval from the Officeof Management and Budget and issuesthe revised form) an indication of whichoption under Part 1.2.3.6.3 of the MSGPthey claim eligibility for permitcoverage, and (3) a certification thattheir storm water and allowable non-storm water discharges and discharge-related activities are not likely tojeopardize listed species, or areotherwise eligible for coverage due to aprevious authorization under the ESA.Coverage is contingent upon theapplicant’s providing truthfulinformation concerning certification andabiding by any conditions imposed bythe permit.

Dischargers who cannot determine ifthey meet one of the endangered specieseligibility criteria cannot sign thecertification to gain coverage under theMSGP and must apply to EPA for anindividual NPDES storm water permit.For facilities already covered by the1995 MSGP, the deadline for theindividual applications is the same asthat for NOIs requesting coverage underthe reissued MSGP (December 29, 2000).As appropriate, EPA will conduct ESAsection 7 consultation when issuingsuch individual permits.

Regardless of the above conditions,EPA may require that a permittee applyfor an individual NPDES permit on thebasis of possible jeopardy to species orcritical habitats. Where there areconcerns that coverage for a particulardischarger is not sufficiently protectiveof listed species, the Services (as well asany other interested parties) maypetition EPA to require that thedischarger obtain an individual NPDESpermit and conduct an individualsection 7 consultation as appropriate.

In addition, the AssistantAdministrator for Fisheries for theNational Oceanic and AtmosphericAdministration, or his/her authorizedrepresentative, or the U.S. Fish andWildlife Service (as well as any otherinterested parties) may petition EPA torequire that a permittee obtain anindividual NPDES permit. Thepermittee is also required to make theSWPPP, annual site complianceinspection report, or other informationavailable upon request to the AssistantAdministrator for Fisheries for theNational Oceanic and AtmosphericAdministration, or his/her authorizedrepresentative, or the U.S. Fish andWildlife Service Regional Director, orhis/her authorized representative.

These mechanisms allow for thebroadest and most efficient coverage forthe permittee while still providing forthe most efficient protection ofendangered species. They significantlyreduce the number of dischargers that

must be considered individually andtherefore allow the Agency and theServices to focus their resources onthose discharges that are indeed likelyto jeopardize listed species.Straightforward mechanisms such asthese allow applicants more immediateaccess to permit coverage, andeliminates ‘‘permit limbo’’ for thegreatest number of permitted discharges.At the same time it is more protectiveof endangered species because it allowsboth agencies to focus on the realproblems, and thus, provide endangeredspecies protection in a more expeditiousmanner.

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

Today’s final MSGP includes a newprovision (Part 1.2.3.8) whichestablishes eligibility conditions withregard to discharges to water quality-limited or water quality-impairedwaters. For the purposes of this permit,‘‘water quality-impaired’’ refers to astream, lake, estuary, etc. that is notcurrently meeting its assigned waterquality standards. These waters are alsoreferred to as ‘‘303(d) waters’’ due to therequirement under that section of theCWA for States to periodically list allstate waters that are not meeting theirwater quality standards. ‘‘Water quality-limited waters’’ refers to waterbodies forwhich a State had to develop individualTotal Maximum Daily Loads (TMDLs), atool which helps waterbodies meet theirwater quality standards. A TMDL is acalculation of the maximum amount ofa pollutant that a waterbody can receiveand still meet water quality standards,and an allocation of that amount to thepollutant’s sources. Water qualitystandards are set by States, Territories,and Tribes. They identify the uses foreach waterbody, for example, drinkingwater supply, contact recreation(swimming), and aquatic life support(fishing), and the scientific criteria tosupport that use. The CWA, section 303,establishes the water quality standardsand TMDL programs.

Prior to submitting a Notice of Intent,any new discharger (see 40 CFR 122.2)to a 303(d) waterbody must be able todemonstrate compliance with 40 CFR122.4(i). In essence, you are a newdischarger if your facility starteddischarging after August 13, 1979 andyour storm water was not previouslypermitted. Any discharger to awaterbody for which there is anapproved TMDL must confirm that theTMDL allocated a portion of the load forstorm water point source discharges.These provisions apply only todischarges containing the pollutant(s)

for which the waterbody is impaired orthe TMDL developed.

Part 1.2.3.8.1 (which applies to newstorm water discharges and not toexisting discharges) is designed to betterensure compliance with NPDESregulations at 40 CFR 122.4(i), whichinclude certain special requirements fornew discharges into impairedwaterbodies. Lists of impairedwaterbodies (sometimes referred to as303(d) waterbodies) may be obtainedfrom appropriate State environmentaloffices or their internet sites. NPDESregulations at 40 CFR 122.4(i) prohibitdischarges unless it can be shown that:

1. There are sufficient remaining pollutantload allocations to allow for the discharge;and

2. The existing dischargers into thatsegment are subject to compliance schedulesdesigned to bring the segments intocompliance with applicable water qualitystandards.

Part 1.2.3.8.2 (which applies to bothnew and existing storm waterdischarges) is designed to better ensurecompliance with NPDES regulations at40 CFR 122.4(d), which requirescompliance with State water qualitystandards. The eligibility conditionprohibits coverage of new or existingdischarges of a particular pollutantwhere there is a TMDL, unless thedischarge is consistent with the TMDL.Lists of waterbodies with TMDLs maybe obtained from appropriate Stateenvironmental offices or their internetsites and from EPA’s TMDL internet siteat http://www.epa.gov/owow/tmdl/index.html.

E. Storm Water Discharges Subject toAnti-Degradation Provisions of WaterQuality Standards

Part 1.2.3.9 of today’s final MSGPincludes a new provision whichclarifies that discharges which do notcomply with applicable anti-degradation provisions of State waterquality standards are not eligible forcoverage under the MSGP. Thiseligibility condition is designed to betterensure compliance with NPDESregulations at 40 CFR 122.4(d), whichrequires compliance with State waterquality standards. Anti-degradationprovisions may be obtained from theappropriate State environmental officeor their internet sites.

F. Storm Water Discharges PreviouslyCovered by an Individual Permit

The 1995 MSGP contained generalprohibitions on coverage where adischarge was covered by anotherNPDES permit (Part I.B.3.d) and wherea permit had been terminated other thanat the request of the permittee (Part



I.B.3.e.). It was therefore possible toobtain coverage by requestingtermination of an individual permit andthen submitting an NOI for coverageunder the MSGP. This could bedesirable from both the discharger’s andEPA’s perspective for a variety ofreasons, for example, where awastewater permit included storm wateroutfalls, but the wastewater outfalls hadbeen eliminated. Being able to use thegeneral permit would reduce theapplication cost to the permittee and theadministrative burden of permitissuance to the Agency. Today’s permitclarifies the conditions under whichtransfer from an individual permit tothis general permit would be acceptable(Part 1.2.3.3.2).

In order to avoid conflict with theanti-backsliding provisions of the CWA,transfer from an individual permit to theMSGP will only be allowed where bothof the following conditions are met:

• The individual permit did notcontain numeric water quality-basedeffluent limitations developed for thestorm water component of thedischarge; and

• The permittee includes any specificBMPs for storm water required underthe individual permit in their stormwater pollution prevention plan.

Implementation of a comprehensiveStorm Water Pollution Prevention Planfor the entire facility (as opposed toselected outfalls in an individualpermit) and compliance with all otherconditions of the MSGP is deemed to beat least as stringent a technology-basedpermit limit as the conditions of theindividual permit. This assumption isonly made where the previous permitdid not contain any specific waterquality-based effluent limitations onstorm water discharges (e.g., stormwater contained high levels of zinc andthe individual permit contained a zinclimit developed to ensure compliancewith the State water quality criteria).

G. Requiring Coverage Under anIndividual Permit or an AlternateGeneral Permit

Part 9.12 of today’s final MSGPprovides that EPA may require anindividual permit or coverage under aseparate general permit instead oftoday’s MSGP. This is in accord withNPDES regulations at 40 CFR122.28(b)(3). These regulations alsoprovide that any interested party maypetition EPA to take such an action. Theissuance of the individual permit oralternate general permit would be inaccordance with 40 CFR Part 124 andwould provide for public comment andappeal of any final permit decision. Thecircumstances in which such an action

would be taken are set forth at 40 CFR122.28(b)(3).

VI. Summary of Common PermitConditions

The following section describes thepermit conditions common todischarges from all the industrialactivities covered by today’s finalMSGP. These conditions are largely thesame as the conditions of the 1995MSGP.

A. Notification Requirements

General permits for storm waterdischarges associated with industrialactivity must require the submission ofa Notice of Intent (NOI) prior to theauthorization of such discharges (see 40CFR 122.28(b)(2)(i), April 2, 1992 (57 FR11394)). Consistent with theseregulatory requirements, today’s finalMSGP establishes NOI requirements.These requirements apply to facilitiescurrently covered by the 1995 MSGP, aswell as new facilities seeking coverage.EPA made minor modifications to theNOI form to allow the discharger, theAgency and the public to more easilydetermine sector-specific conditionsthat will apply to the facility. Furthermodifications proposed on March 30,2000 (65 FR 17010) require review andapproval by the Office of Managementand Budget under the PaperworkReduction Act. EPA will have allappropriate approvals in place prior torequiring the use of the expanded NOIform. In the interim the NOI form withthe minor modifications, contained inthis notice, is in effect.

The information requirements of therevised NOI form are described below:

1. Content of NOI

a. An indication of which permit theoperator is filing the NOI for (e.g., afacility in New Hampshire would befiling for coverage under permitNHR05*###, a facility located on NavajoReservation lands in New Mexico underthe AZR05*##I permit, a privatecontractor operating a federal facility inColorado that is not located on IndianCountry lands under the COR05*##Fpermit, etc.);

b. The name, address, and telephonenumber of the operator filing the NOIfor permit coverage;

c. An indication of whether the ownerof the site is a Federal, State, Tribal,private, or other public entity;

d. The name (or other identifier),address, county, and latitude/longitudeof the facility for which the NOI issubmitted (latitude/longitude will beaccepted in either degree-minute-secondor decimal format);

e. An indication of whether thefacility is located on Indian Countrylands;

f. An indication of whether thefacility is a federal facility operated bythe federal government;

g. The name of the receiving water(s);h. The name of the municipal

operator if the discharge is through amunicipal separate storm sewer systemprior to discharge to a water of the U.S.;

i. Up to four 4-digit StandardIndustrial Classification (SIC) codes thatbest represent the principal productsproduced or services rendered,including hazardous waste treatment,storage, or disposal activities, landdisposal facilities that receive or havereceived any industrial waste, steamelectric power generating facilities, ortreatment works treating domesticsewage;

j. Identification of applicable sector(s)in this permit, as designated in Table 1,for facility discharges associated withindustrial activity the operator wishes tohave covered under this permit;

k. Certification that a storm waterpollution prevention plan (SWPPP)meeting the requirements of Part 4 hasbeen developed (with a copy of thepermit language in the SWPPP);

l. Based on the instructions inAddendum A, whether any listedthreatened or endangered species, ordesignated critical habitat, are inproximity to the storm water dischargesor storm water discharge-relatedactivities to be covered by this permit;

m. Whether any historic propertylisted or eligible for listing on theNational Register of Historic Places islocated on the facility or in proximity tothe discharge;

n. A signed and dated certification,signed by a authorized representative ofthe facility as detailed in Part 9.7 andmaintained with the SWPPP thatcertifies the following:I certify under penalty of law that I have readand understand the Part 1.2 eligibilityrequirements for coverage under the multi-sector storm water general permit includingthose requirements relating to the protectionof endangered or threatened species orcritical habitat. To the best of my knowledge,the storm water and allowable non-stormdischarges authorized by this permit (anddischarged related activities), are not likelyand will not likely, jeopardize endangered orthreatened species or critical habitat, or areotherwise eligible for coverage under Part1.2.3.6 of the permit. To the best of myknowledge, I further certify that suchdischarges and discharge related activities donot have an effect on properties listed oreligible for listing on the National Register ofHistoric Places under the National HistoricPreservation Act, or are otherwise eligible forcoverage under Part 1.2.3.7 of the permit. I



1 The terms large and medium municipal separatestorm sewer systems (systems serving a populationof 100,000 or more) are defined at 40 CFR122.26(b)(4) and (7). Some of the cities and countiesin which these systems are found are listed inAppendices F, G, H, and I to 40 CFR Part 122. Othermunicipal systems have been designated by EPA ona case-by-case basis or have brought into theprogram based upon the 1990 Census.

understand that continued coverage underthe multi-sector storm water general permitis contingent upon maintaining eligibility asprovided for in Part 1.2.

Two additional components of theform pending approval by the Office ofManagement and Budget are:

a. under which Part(s) of Part 1.2.3.6(Endangered Species) the applicant iscertifying eligibility and whether the FWS orNMFS was involved in making thedetermination of eligibility;

b. under which Part(s) of Part 1.2.3.7(Historic Properties) the applicant iscertifying eligibility and whether the SHPOor THPO was involved in the determinationof eligibility.

The NOI must be signed inaccordance with the signatoryrequirements of 40 CFR 122.22. Acomplete description of these signatoryrequirements is provided in theinstructions accompanying the NOI.Completed NOI forms must besubmitted to the Storm Water Notice ofIntent (4203), 1200 PennsylvaniaAvenue NW., Washington, DC 20460.

In the future (but not at the presenttime), EPA may also allow alternatemeans of NOI submission (such aselectronic submission). An alternatemeans of NOI submission may be usedby operators provided EPA hasinformed the operator of theacceptability of the alternative.

2. DeadlinesFor facilities currently covered by the

1995 MSGP, the deadline forsubmission of an NOI requestingcoverage under the reissued MSGP isJanuary 29, 2001 (90 days afterexpiration of the 1995 MSGP). For thesefacilities, the requirements of the 1995MSGP are incorporated into today’sMSGP and continue to apply during theinterim period subsequent to theexpiration of the 1995 MSGP, but priorto submission of the NOI requestingcoverage under the reissued MSGP. Inresponse to a question from somepermittees, EPA wishes to clarify thatthere is no need to submit an NOT torescind coverage under the 1995 MSGP.

Facilities currently covered by the1995 MSGP who cannot immediatelydetermine if they are eligible forcoverage under today’s reissued MSGPmay nevertheless be covered for up to270 days provided an application for analternative permit is submitted within90 days. This interim coverage allowspermit coverage while the permitteeassesses his eligibility for the reissuedMSGP and, if necessary, still meet the180 day lead time required forapplications for individual permits.

For facilities commencing operationsafter reissuance of the MSGP, the NOI

must be submitted at least two daysprior to the commencement of the newindustrial activity. New operators ofexisting facilities must also submit theNOI at least two days prior to assumingoperational control at existing facilities.

Dischargers who submit a completeNOI in accordance with the MSGPrequirements are authorized todischarge storm water associated withindustrial activity two days after thedate the NOI is postmarked, unlessotherwise notified by EPA. EPA maydeny coverage under the MSGP andrequire submission of an individualNPDES permit application based on areview of the completeness and/orcontent of the NOI or other information(e.g., Endangered Species Actcompliance, National HistoricPreservation Act Compliance, waterquality information, compliance history,history of spills, etc.). Where EPArequires a discharger authorized underthe MSGP to apply for an individualNPDES permit (or an alternative generalpermit), EPA will notify the dischargerin writing that a permit application (ordifferent NOI) is required by anestablished deadline. Coverage underthe MSGP will automatically terminateif the discharger fails to submit therequired permit application in a timelymanner. Where the discharger doessubmit a requested permit application,coverage under the MSGP willautomatically terminate on the effectivedate of the issuance or denial of theindividual NPDES permit or thealternative general permit as it appliesto the individual permittee.

A discharger is not precluded fromsubmitting an NOI at a later date thandescribed above. However, in suchinstances, EPA may bring appropriateenforcement actions.

3. Municipal Separate Storm SewerSystem Operator Notification

Operators of storm water dischargesassociated with industrial activity thatdischarge through a large or mediummunicipal separate storm sewer system(MS4) or a municipal system designatedby the Director,1 must (upon request ofthe MS4 operator) submit a copy of theNOI to the municipal operator of thesystem receiving the discharge. Thisrequirement of today’s MSGP differsfrom the 1995 MSGP which had

required that a copy of the NOI be sentto the MS4 operator. Today’s MSGP hasbeen modified in this regard to reducepaperwork requirements, and inconsideration of the fact that most largeand medium MS4 operators alreadyhave good information concerning theindustrial facilities discharging intotheir MS4s.

EPA wishes to ensure a coordinatedprogram between EPA and operators ofMS4s for controlling pollutants in stormwater discharges associated withindustrial activity which enter an MS4.Such a coordinated program wasintended by EPA’s original storm waterpermit application regulations ofNovember 16, 1990 (55 FR 48063).Additional discussion of this matter canbe found in the original proposed MSGP(58 FR 61146).

4. Notice of TerminationWhere a discharger is able to

eliminate the storm water dischargesassociated with industrial activity froma facility, the discharger may submit aNotice of Termination (NOT) form (orphotocopy thereof) provided by theDirector. Today’s final MSGP alsodiffers from the 1995 MSGP by requiringthat an NOT be submitted within 30days after one or both of the followingtwo conditions having been met:

a. a new owner/operator has assumedresponsibility for the facility; or

b. the permittee has ceased operationsat the facility and there no longer aredischarges of storm water associatedwith industrial activity from the facility;

A copy of the NOT and instructionsfor completing the NOT are included inAddendum E. The NOT form requiresthe following information:

a. Name, mailing address, andlocation of the facility for which thenotification is submitted. Where a streetaddress for the site is not available, thelocation of the approximate center of thesite must be described in terms of thelatitude and longitude to the nearest 15seconds, or the section, township andrange to the nearest quarter;

b. The name, address and telephonenumber of the operator addressed by theNotice of Termination;

c. The NPDES permit number for thestorm water discharge associated withindustrial activity identified by theNOT;

d. An indication of whether the stormwater discharges associated withindustrial activity have been eliminatedor the operator of the discharges haschanged; and

e. The following certification:I certify under penalty of law that all stormwater discharges associated with industrialactivity from the identified facility that are



2 Section 9.12.2 of the final MSGP provides thatfacility operators with storm water dischargesassociated with industrial activity who, based on anevaluation of site specific conditions, believe thatthe appropriate conditions of this permit do notadequately represent BAT and BCT requirementsfor the facility may submit to the Director anindividual application (Form 1 and Form 2F). Adetailed explanation of the reasons why theconditions of the available general permits do notadequately represent BAT and BCT requirementsfor the facility as well as any supportingdocumentation must be included.

authorized by an NPDES general permit havebeen eliminated or that I am no longer theoperator of the industrial activity. Iunderstand that by submitting this Notice ofTermination I am no longer authorized todischarge storm water associated withindustrial activity under this general permit,and that discharging pollutants in stormwater associated with industrial activity towaters of the United States is unlawful underthe Clean Water Act where the discharge isnot authorized by an NPDES permit. I alsounderstand that the submission of this noticeof termination does not release an operatorfrom liability for any violations of this permitor the Clean Water Act.

NOTs are to be sent to the StormWater Notice of Termination (4203),1200 Pennsylvania Avenue NW.,Washington, DC 20460.

The NOT must be signed inaccordance with the signatoryrequirements of 40 CFR 122.22. Acomplete description of these signatoryrequirements is provided in theinstructions accompanying the NOT.

5. Conditional Exclusion for NoExposure

Today’s final MSGP includes a specialprovision (Part 1.5 of the permit) whichprovides that a facility may discontinuepermit coverage if the facilitydetermines that it is eligible for the ‘‘noexposure’’ permit exemption which wascreated by EPA as part of thepromulgation of the Phase II stormwater regulations (64 FR 68722). Anotice of termination is not required todiscontinue permit coverage underthese circumstances. However, inaccordance with the Phase IIregulations, a no exposure certificationmust be filed with the permittingauthority.

It should also be noted that facilitiesoperating under the existing MSGP areeligible, as of the effective date of thePhase II regulations, to submit noexposure certifications immediately ifthey meet the criteria for no exposure.No exposure certification renewals mustbe submitted five years from the timethey are first submitted (assuming thefacility still qualifies for the exemption).If conditions change at a facility suchthat renewed MSGP coverage is needed,the facility may submit an NOIrequesting renewed coverage.

In response to comments on thismatter, EPA has included a copy of the‘‘No Exposure’’ form and instructions asAddendum F to today’s permit.

EPA has also prepared a newguidance document entitled ‘‘GuidanceManual for Conditional Exclusion fromStorm Water Permitting Based on ‘‘NoExposure’’ of Industrial Activities toStorm Water’’ to assist permittees indetermining eligibility for the

exemption. This guidance document isavailable on EPA’s storm water website.In addition, EPA recently conducted amass mailing to permittees (as well asother stakeholder groups) alerting themto the no exposure exemption.

B. Special Conditions

The conditions of today’s final MSGPhave been designed to comply with thetechnology-based standards of the CWA(BAT/BCT). Based on a consideration ofthe appropriate factors for BAT and BCTrequirements, and a consideration of thefactors and options for controllingpollutants in storm water dischargesassociated with industrial activity, thefinal MSGP lists a set of tailoredrequirements for developing andimplementing storm water pollutionprevention plans (SWPPPs) and, forselected discharges, numeric effluentlimitations.2 This is the same approachas in the 1995 MSGP.

Section VIII of the fact sheet for the1995 MSGP summarized the industry-specific BMP options for controllingpollutants in storm water dischargesassociated with industrial activity forthe various industrial sectors covered bythe MSGP. Section VIII of today’s factsheet does not repeat the informationfrom the 1995 fact sheet; however,updates are provided as appropriate.

Section VI.B.4 of today’s fact sheetdiscusses the storm water dischargeswhich are subject to numeric effluentlimitations. For other dischargescovered by the final MSGP, the permitconditions reflect EPA’s decision toidentify a number of BMP andtraditional storm water managementpractices which prevent pollution instorm water discharges as the BAT/BCTlevel of control for the majority of stormwater discharges covered by this permit.The permit conditions applicable tothese discharges are not numericeffluent limitations, but rather areflexible requirements for developingand implementing site specific plans tominimize and control pollutants instorm water discharges associated withindustrial activity.

EPA is authorized under 40 CFR122.44(k)(2) to impose BMPs in lieu ofnumeric effluent limitations in NPDES

permits when the Agency finds numericeffluent limitations to be infeasible. EPAmay also impose BMPs which are‘‘reasonably necessary * * * to carryout the purposes of the Act’’ under 40CFR 122.44(k)(3). Both of thesestandards for imposing BMPs wererecognized in NRDC v. Costle, 568 F.2d1369, 1380 (D.C. Cir. 1977). Theconditions in today’s final MSGP areissued under the authority of both ofthese regulatory provisions. Thepollution prevention or BMPrequirements in today’s final MSGPoperate as limitations on effluentdischarges that reflect the application ofBAT/BCT. This is because the BMPsidentified require the use of sourcecontrol technologies which, in thecontext of the MSGP, are the bestavailable of the technologieseconomically achievable (or theequivalent BCT finding). See NRDC v.EPA, 822 F.2d 104, 122–23 (D.C. Cir.1987) (EPA has substantial discretion toimpose nonquantitative permitrequirements pursuant to Section402(a)(1)). See also EPA’s memorandumof August 1, 1996 entitled ‘‘InterimPermitting Approach for Water Quality-Based Effluent Limitations for StormWater Discharges.’’

1. Prohibition of Non-storm WaterDischarges

Today’s final MSGP includesbasically the same provisions pertainingto non-storm water discharges as the1995 MSGP. Like the 1995 MSGP,today’s MSGP does not authorize non-storm water discharges that are mixedwith storm water except as providedbelow. Today’s MSGP does authorizeone additional non-storm waterdischarge: mist discharges whichoriginate from cooling towers and whichare deposited at an industrial facilityand may be discharged. During the termof the 1995 MSGP, these dischargeswere brought to the attention of EPAwith a request that the discharges beauthorized under the reissued MSGP.The mist discharges are authorizedunder today’s MSGP provided:

a. The permittee has evaluated thepotential for the discharges to becontaminated by chemicals used in thecooling tower and determined that thelevels of such chemicals in thedischarges would not cause orcontribute to a violation of an applicablewater quality standard; and

b. The permittee has addressed thissource of pollutants with appropriateBMPs in the SWPPP.

The other non-storm water dischargesthat are authorized under today’s finalMSGP are the same as those in the 1995MSGP and include discharges from fire



fighting activities; fire hydrantflushings; potable water sources,including waterline flushings; irrigationdrainage; lawn watering; routineexternal building washdown withoutdetergents; pavement washwaters wherespills or leaks of toxic or hazardousmaterials have not occurred (unless allspilled material has been removed) andwhere detergents are not used; airconditioning condensate; compressorcondensate; uncontaminated groundwater or spring water; and foundation orfooting drains where flows are notcontaminated with process materialssuch as solvents that are combined withstorm water discharges associated withindustrial activity. In response to acomment, the final MSGP includes‘‘potable water sources, includingwaterline flushings’’ on the list ofauthorized non-storm water discharges,but deletes the reference to ‘‘drinkingfountain water,’’ which a commenterfelt could conflict with local ordinances.

To be authorized under today’sMSGP, these other sources of non-stormwater (except flows from fire fightingactivities) must be identified in theSWPPP prepared for the facility.(SWPPP requirements are discussed inmore detail below). Where suchdischarges occur, the SWPPP must alsoidentify and ensure the implementationof appropriate pollution preventionmeasures for the non-storm watercomponent(s) of the discharge.

Today’s final MSGP does not requirepollution prevention measures to beidentified and implemented for non-storm water flows from fire-fightingactivities because these flows willgenerally be unplanned emergencysituations where it is necessary to takeimmediate action to protect the public.

The prohibition of unpermitted non-storm water discharges in today’s MSGPensures that non-storm water discharges(except for those classes of non-stormwater discharges that are conditionallyauthorized in Part 1.2.2.2 of the MSGP)are not inadvertently authorized by thepermit. Where a storm water dischargeis mixed with non-storm water that isnot authorized by today’s MSGP oranother NPDES permit, the dischargershould submit the appropriateapplication forms (Forms 1, 2C, and/or2E) to gain permit coverage of the non-storm water portion of the discharge.

2. Releases of Reportable Quantities ofHazardous Substances and Oil

As discussed below, today’s finalMSGP includes the same provisionspertaining to releases of reportablequantities of hazardous substances andoil as the 1995 MSGP.

a. Today’s final MSGP provides thatthe discharge of hazardous substancesor oil from a facility must be eliminatedor minimized in accordance with theSWPPP developed for the facility.Where a permitted storm waterdischarge contains a hazardoussubstance or oil in an amount equal toor in excess of a reporting quantityestablished under 40 CFR Part 117, or40 CFR Part 302 during a 24-hourperiod, the following actions must betaken:

(1) Any person in charge of thefacility that discharges hazardoussubstances or oil is required to notifythe National Response Center (NRC)(800–424–8802; in the Washington, DC,metropolitan area, 202–426–2675) inaccordance with the requirements of 40CFR Part 117, and 40 CFR Part 302 assoon as they have knowledge of thedischarge.

(2) The SWPPP for the facility must bemodified within 14 calendar days ofknowledge of the release to provide adescription of the release, an account ofthe circumstances leading to the release,and the date of the release. In addition,the plan must be reviewed to identifymeasures to prevent the reoccurrence ofsuch releases and to respond to suchreleases, and it must be modified whereappropriate.

(3) The permittee must also submit toEPA within 14 calendar days ofknowledge of the release a writtendescription of the release (including thetype and estimate of the amount ofmaterial released), the date that suchrelease occurred, the circumstancesleading to the release, and steps to betaken to modify the SWPPP for thefacility.

b. Anticipated discharges containing ahazardous substance in an amount equalto or in excess of reporting quantitiesare those caused by events occurringwithin the scope of the relevantoperating system. Facilities that havemore than one anticipated discharge peryear containing a hazardous substancein an amount equal to or in excess of areportable quantity are required to:

(1) Submit notifications of the firstrelease that occurs during a calendaryear (or for the first year of this permit,after submission of an NOI); and

(2) Provide a written description inthe SWPPP of the dates on which suchreleases occurred, the type and estimateof the amount of material released, andthe circumstances leading to thereleases. In addition, the SWPPP mustaddress measures to minimize suchreleases.

c. Where a discharge of a hazardoussubstance or oil in excess of reportingquantities is caused by a non-storm

water discharge (e.g., a spill of oil intoa separate storm sewer), that dischargeis not authorized by the MSGP and thedischarger must report the discharge asrequired under 40 CFR Part 110, 40 CFRPart 117, or 40 CFR Part 302. In theevent of a spill, the requirements ofSection 311 of the CWA and otherapplicable provisions of Sections 301and 402 of the CWA continue to apply.This approach is consistent with therequirements for reporting releases ofhazardous substances and oil that makea clear distinction between hazardoussubstances typically found in stormwater discharges and those associatedwith spills that are not considered partof a normal storm water discharge (see40 CFR 117.12(d)(2)(i)).

3. Co-located Industrial FacilitiesLike the 1995 MSGP, today’s MSGP

includes requirements pertaining to co-located industrial facilities. However,these requirements have been modifiedfrom the requirements of the 1995MSGP to clarify their applicability. Co-located industrial activities occur whenactivities being conducted onsite fallinto more than one of the categories ofthe industrial facilities listed in Part1.2.1 of today’s MSGP (e.g., a landfill ata wood treatment facility). Facilitiesoperating under the 1995 MSGP havesometimes been unclear whether certainlimited activities (e.g., minor vehiclemaintenance activities at an industrialplant) would trigger the MSGP’srequirements regarding co-locatedactivities.

If you have co-located industrialactivities on-site that are described in asector(s) other than your primary sector,you must comply with all otherapplicable sector-specific conditionsfound in Part 6 for the co-locatedindustrial activities. The extra sector-specific requirements are applied onlyto those areas of your facility where theextra-sector activities occur. An activityat a facility is not considered co-locatedif the activity, when consideredseparately, does not meet thedescription of a category of industrialactivity covered by the storm waterregulations, and identified by today’sMSGP SIC code list. For example,unless you are actually haulingsubstantial amounts of freight ormaterials with your own truck fleet orare providing a trucking service tooutsiders, simple maintenance ofvehicles used at your facility is unlikelyto meet the SIC code group 42description of a motor freighttransportation facility. Even thoughSector P may not apply, the runoff fromyour vehicle maintenance facility wouldlikely still be considered storm water



3 See ‘‘Storm Water Management for IndustrialActivities,’’ EPA, September 1992, EPA–832–R–92–006.

4 For example, see ‘‘Best Management Practices:Useful Tools for Cleaning Up,’’ Thron, H.Rogoshewski, P., 1982, Proceedings of the 1982Hazardous Material Spills Conference; ‘‘TheChemical Industries’’ Approach to SpillPrevention,’’ Thompson, C., Goodier, J. 1980,Proceedings of the 1980 National Conference ofControl of Hazardous Materials Spills; a series ofEPA memoranda entitled ‘‘Best ManagementPractices in NPDES Permits—InformationMemorandum,’’ 1983, 1985, 1986, 1987, 1988;Review of Emergency Systems: Report to Congress,’’EPA, 1988; and ‘‘Analysis of Implementing

Continued

associated with industrial activity. Assuch, your SWPPP must still address therunoff from the vehicle maintenancefacility—although not necessarily withthe same degree of detail as required bySector P—but you would not berequired to monitor as per Sector P.

In the event there truly are co-locatedactivities at your facility, today’s MSGPauthorizes, as does the 1995 MSGP, allstorm water discharges provided thatyour facility complies with all SWPPPand monitoring requirements for eachco-located activity. By monitoring thedischarges from the different industrialactivities, you can better determine theeffectiveness of your SWPPP forcontrolling all major pollutants ofconcern in your storm water discharges.However, if monitoring for the sameparameter is required for more than onesector (and the different industrialactivities drain to the same outfall), thenonly one sample analysis is required forthat parameter.

4. Numeric Effluent LimitationsToday’s MSGP retains the numeric

effluent limitations which wereincluded in the 1995 MSGP, and alsoincludes the effluent limitationsguidelines which EPA recently finalizedfor certain storm water discharges fromnew and existing hazardous and non-hazardous landfills (65 FR 3007, January19, 2000). The new effluent limitationsguidelines for these landfills arediscussed in more detail in the SectionsVIII.K and L of this fact sheet (SpecialRequirements for Discharges Associatedwith Industry Activities).

Today’s MSGP retains the numericeffluent limitations from the 1995 MSGPfor the following discharges: coal pilerunoff (including runoff from steamelectric power plants subject to 40 CFRPart 423 requirements), discharges fromphosphate fertilizer manufacturing (40CFR Part 418), asphalt paving androofing emulsions (40 CFR Part 443),cement manufacturing materials storagepile runoff (40 CFR Part 411), anddischarges resulting from the spraydown of lumber and wood productsstorage yards (wet decking) (40 CFR Part429). In addition, the final MSGPauthorizes mine dewatering dischargesfrom construction sand and gravel,industrial sand, and crushed stonefacilities (40 CFR Part 436) in EPARegions 1, 2, 3, 6, 8, 9, 10. The actualnumeric effluent limitations can befound in Part 6 of the final MSGP.

5. Compliance with Water QualityStandards

The 1995 MSGP does not specificallyaddress compliance with water qualitystandards (WQS), other than to exclude

from coverage discharges which maycontribute to an exceedance of WQS.Today’s final MSGP includes the samerestriction on eligibility, and in Part 3.3also includes certain requirements ifexceedances occur for dischargescovered by the MSGP. If a dischargeauthorized under the final MSGP is laterdiscovered to cause, or have thereasonable potential to cause orcontribute to, a violation of a WQS, thepermitting authority will inform thepermittee of the violation. The permitteemust then take all necessary actions toensure future discharges do not cause orcontribute to the violation of WQS, anddocument these actions in the SWPPP.If violations remain or recur, coverageunder the MSGP may be terminated bythe permitting authority and analternate permit issued. Today’s finalMSGP also clarifies that compliancewith this requirement does not precludeenforcement actions as provided by theCWA for the underlying violation.

C. Common Storm Water PollutionPrevention Plan (SWPPP) Requirements

Like the 1995 MSGP, today’s reissuedMSGP requires that all facilities whichintend to be covered by the MSGP forstorm water discharges associated withindustrial activity prepare andimplement a SWPPP. The MSGPaddresses pollution prevention planrequirements for a number of categoriesof industries. Following below is adiscussion of the common permitrequirements for all industries; specialrequirements for facilities subject toEPCRA Section 313 reportingrequirements; and special requirementsfor facilities with outdoor salt storagepiles. These are the permit requirementswhich apply to discharges associatedwith any of the industrial activitiescovered by today’s final MSGP. Thesecommon requirements may be amendedor further clarified in the industry-specific SWPPP requirements which arefound in Part 6 of the final MSGP. Theseindustry-specific requirements areadditive for facilities where co-locatedindustrial activities occur.

The Storm Water Pollution PreventionPlan (SWPPP) approach in today’s finalMSGP focuses on two major objectives:(1) to identify sources of pollutionpotentially affecting the quality of stormwater discharges associated withindustrial activity from the facility; and(2) ensure implementation of measuresto minimize and control pollutants instorm water discharges associated withindustrial activity from the facility.

The SWPPP requirements in today’sfinal MSGP are intended to facilitate aprocess whereby the operator of theindustrial facility thoroughly evaluates

potential pollution sources at the siteand selects and implements appropriatemeasures designed to prevent or controlthe discharge of pollutants in stormwater runoff. The process involves thefollowing four steps: (1) formation of ateam of qualified plant personnel whowill be responsible for preparing theplan and assisting the plant manager inits implementation; (2) assessment ofpotential storm water pollution sources;(3) selection and implementation ofappropriate management practices andcontrols; and (4) periodic evaluation ofthe effectiveness of the plan to preventstorm water contamination.

EPA believes the pollution preventionapproach is the most environmentallysound and cost-effective way to controlthe discharge of pollutants in stormwater runoff from industrial facilities.This position is supported by the resultsof a comprehensive technical surveyEPA completed in 1979.3 The surveyfound that two classes of managementpractices are generally employed atindustries to control the nonroutinedischarge of pollutants from sourcessuch as storm water runoff, drainagefrom raw material storage and wastedisposal areas, and discharges fromplaces where spills or leaks haveoccurred. The first class of managementpractices includes those that are low incost, applicable to a broad class ofindustries and substances, and widelyconsidered essential to a good pollutioncontrol program. Some examples ofpractices in this class are goodhousekeeping, employee training, andspill response and preventionprocedures. The second class includesmanagement practices that provide asecond line of defense against therelease of pollutants. This classaddresses containment, mitigation, andcleanup. Since publication of the 1979survey, EPA has imposed managementpractices and controls in NPDESpermits on a case-by-case basis. TheAgency also has continued to review theappropriateness and effectiveness ofsuch practices,4 as well as the



Permitting Activities for Storm Water DischargesAssociated with Industrial Activity,’’ EPA, 1991.

5 See for example, ‘‘The Oil Spill Prevention,Control and Countermeasures Program Task ForceReport,’’ EPA, 1988; and ‘‘Guidance Manual for theDevelopment of an Accidental Spill PreventionProgram,’’ prepared by SAIC for EPA, 1986.

6 Nonstructural features such as grass swales andvegetative buffer strips also should be shown.

7 Significant materials include, but are not limitedto the following: raw materials; fuels; solvents,detergents, and plastic pellets; finished materials,such as metallic products; raw materials used infood processing or production; hazardoussubstances designated under Section 101(14) of theComprehensive Environmental Response,Compensation and Liability Act (CERCLA); anychemical the facility is required to report pursuantto EPCRA Section 313; fertilizers; pesticides; andwaste products, such as ashes, slag, and sludge thathave the potential to be released with storm waterdischarges. (See 40 CFR 122.26(b)(8)).

techniques used to prevent and containoil spills. 5 Experience with thesepractices and controls has shown thatthey can be used in permits to reducepollutants in storm water discharges ina cost-effective manner. In keeping withboth the present and previousadministration’s objective to attainenvironmental goals through pollutionprevention, pollution prevention hasbeen and continues to be thecornerstone of the NPDES permittingprogram for storm water. EPA hasdeveloped guidance entitled ‘‘StormWater Management for IndustrialActivities: Developing PollutionPrevention Plans and Best ManagementPractices,’’ September 1992, to assistpermittees in developing andimplementing pollution preventionmeasures.

Note: The discussions of the SWPPPrequirements are grouped in subject areasand do not follow the exact order of thepermit conditions.

1. Pollution Prevention Team (Part4.2.1)

As a first step in the process ofdeveloping and implementing a SWPPP,permittees are required to identify aqualified individual or team ofindividuals to be responsible fordeveloping the plan and assisting thefacility or plant manager in itsimplementation. When selectingmembers of the team, the plant managershould draw on the expertise of allrelevant departments within the plant toensure that all aspects of plantoperations are considered when theplan is developed. The plan mustclearly describe the responsibilities ofeach team member as they relate tospecific components of the plan. Inaddition to enhancing the quality ofcommunication between team membersand other personnel, clear delineation ofresponsibilities will ensure that everyaspect of the plan is addressed by aspecified individual or group ofindividuals. Pollution Prevention Teamsmay consist of one individual whereappropriate (e.g., in certain smallbusinesses with limited storm waterpollution potential).

2. Description of the Facility andPotential Pollution Sources (Part 4.2.2)

Each SWPPP must describe activities,materials, and physical features of thefacility that may contribute significant

amounts of pollutants to storm waterrunoff or, during periods of dry weather,result in pollutant discharges throughthe separate storm sewers or stormwater drainage systems that drain thefacility. This assessment of storm waterpollution risk will support subsequentefforts to identify and set priorities fornecessary changes in materials,materials management practices, or sitefeatures, as well as aid in the selectionof appropriate structural andnonstructural control techniques. Someoperators may find that significantamounts of pollutants are running ontothe facility property. Such operatorsshould identify and address thecontaminated runon in the SWPPP. Ifthe runon cannot be addressed ordiverted by the permittee, thepermitting authority should be notified.If necessary, the permitting authoritymay require the operator of the adjacentfacility to obtain a permit.

Part 6 of the final MSGP includesindustry-specific requirements for thevarious industry sectors covered bytoday’s permit. All SWPPPs generallymust describe the following elements:

a. Description of the Facility Site andReceiving Waters/Wetlands (Parts 4.2.2and 4.2.3): The plan must contain a mapof the site that shows the location ofoutfalls covered by the permit (or byother NPDES permits), the pattern ofstorm water drainage, an indication ofthe types of discharges contained in thedrainage areas of the outfalls, structuralfeatures that control pollutants inrunoff,6 surface water bodies (includingwetlands), places where significantmaterials 7 are exposed to rainfall andrunoff, and locations of major spills andleaks that occurred in the 3 years priorto the date of the submission of an NOIto be covered under this permit. Themap also must show areas where thefollowing activities take place: fueling,vehicle and equipment maintenanceand/or cleaning, loading and unloading,material storage (including tanks orother vessels used for liquid or wastestorage), material processing, and wastedisposal. For areas of the facility thatgenerate storm water discharges with a

reasonable potential to containsignificant amounts of pollutants, themap must indicate the probabledirection of storm water flow and thepollutants likely to be in the discharge.Flows with a significant potential tocause soil erosion also must beidentified. In order to increase thereadability of the map, the inventory ofthe types of discharges contained ineach outfall may be kept as anattachment to the site map.

b. Summary of Potential PollutantSources (Part 4.2.4): The description ofpotential pollution sources culminatesin a narrative assessment of the riskpotential that sources of pollution poseto storm water quality. This assessmentshould clearly point to activities,materials, and physical features of thefacility that have a reasonable potentialto contribute significant amounts ofpollutants to storm water. Any suchactivities, materials, or features must beaddressed by the measures and controlssubsequently described in the plan. Inconducting the assessment, the facilityoperator must consider the followingactivities: loading and unloadingoperations; outdoor storage activities;outdoor manufacturing or processingactivities; significant dust or particulategenerating processes; and onsite wastedisposal practices. The assessment mustlist any significant pollution sources atthe site and identify the pollutantparameter or parameters (i.e.,biochemical oxygen demand, suspendedsolids, etc.) associated with each source.

c. Significant Spills and Leaks (Part4.2.5): The plan must include a list ofany significant spills and leaks of toxicor hazardous pollutants that occurred inthe three years prior to the date of thesubmission of an NOI to be coveredunder this permit. Significant spillsinclude, but are not limited to, releasesof oil or hazardous substances in excessof quantities that are reportable underSection 311 of CWA (see 40 CFR 110.10and 40 CFR 117.21) or Section 102 ofthe Comprehensive EnvironmentalResponse, Compensation and LiabilityAct (CERCLA) (see 40 CFR 302.4).Significant spills may also includereleases of oil or hazardous substancesthat are not in excess of reportingrequirements and releases of materialsthat are not classified as oil or ahazardous substance.

The listing should include adescription of the causes of each spill orleak, the actions taken to respond toeach release, and the actions taken toprevent similar such spills or leaks inthe future. This effort will aid thefacility operator as she or he examinesexisting spill prevention and responseprocedures and develops any additional



8 In general, smoke tests should not be used forevaluating the discharge of non-storm water to aseparate storm sewer as many sources of non-stormwater typically pass through a trap that would limitthe effectiveness of the smoke test.

procedures necessary to fulfill therequirements set forth in Parts 4 and 6of the final permit.

d. Allowable and Prohibited Non-storm Water Discharges (Part 4.4): EachSWPPP must include a certification,signed by an authorized individual, thatdischarges from the site have beentested or evaluated for the presence ofnon-storm water discharges. Thecertification must describe possiblesignificant sources of non-storm water,the results of any test and/or evaluationconducted to detect such discharges, thetest method or evaluation criteria used,the dates on which tests or evaluationswere performed, and the onsite drainagepoints directly observed during the testor evaluation. Acceptable test orevaluation techniques include dye tests,television surveillance, observation ofoutfalls or other appropriate locationsduring dry weather, water balancecalculations, and analysis of piping anddrainage schematics.8

Except for flows that originate fromfire fighting activities, sources of non-storm water that are specificallyidentified in the permit as being eligiblefor authorization under the generalpermit must be identified in the plan.SWPPPs must identify and ensure theimplementation of appropriate pollutionprevention measures for the non-stormwater discharge.

EPA recognizes that certification maynot be feasible where facility personneldo not have access to an outfall,manhole, or other point of access to theconduit that ultimately receives thedischarge. In such cases, the plan mustdescribe why certification was notfeasible. Permittees who are not able tocertify that discharges have been testedor evaluated must notify the Director inaccordance with Part 4.4 of the finalMSGP.

e. Sampling Data (Part 4.2.6): Anyexisting data on the quality or quantityof storm water discharges from thefacility must be described in the plan,including data collected for Part 2 of thegroup application process. These datamay be useful for locating areas thathave contributed pollutants to stormwater. The description should include adiscussion of the methods used tocollect and analyze the data. Samplecollection points should be identified inthe plan and shown on the site map.

3. Selection and Implementation ofStorm Water Controls (Part 4.2.7, et al.)

Following completion of the sourceidentification and assessment phase, thepermit requires the permittee toevaluate, select, and describe thepollution prevention measures, BMPs,and other controls that will beimplemented at the facility. BMPsinclude processes, procedures,schedules of activities, prohibitions onpractices, and other managementpractices that prevent or reduce thedischarge of pollutants in storm waterrunoff.

EPA emphasizes the implementationof pollution prevention measures andBMPs that reduce possible pollutantdischarges at the source. Sourcereduction measures include, amongothers, preventive maintenance,chemical substitution, spill prevention,good housekeeping, training, and propermaterials management. Where suchpractices are not appropriate to aparticular source or do not effectivelyreduce pollutant discharges, EPAsupports the use of source controlmeasures and BMPs such as materialsegregation or covering, water diversion,and dust control. Like source reductionmeasures, source control measures andBMPs are intended to keep pollutantsout of storm water. The remainingclasses of BMPs, which involverecycling or treatment of storm water,allow the reuse of storm water orattempt to lower pollutantconcentrations prior to discharge.

The SWPPP must discuss the reasonseach selected control or practice isappropriate for the facility and howeach will address one or more of thepotential pollution sources identified inthe plan. The plan also must include aschedule specifying the time or timesduring which each control or practicewill be implemented. In addition, theplan should discuss ways in which thecontrols and practices relate to oneanother and, when taken as a whole,produce an integrated and consistentapproach for preventing or controllingpotential storm water contaminationproblems. The permit requirementsincluded for the various industry sectorsin Part 6 of today’s final MSGP generallyrequire that the portion of the plan thatdescribes the measures and controlsaddress the following minimumcomponents.

When ‘‘minimize/reduce’’ is usedrelative to SWPPP measures, EPA meansto consider and implement BMPs thatwill result in an improvement over thebaseline conditions as it relates to thelevels of pollutants identified in stormwater discharges with due consideration

to economic feasibility andeffectiveness.

a. Nonstructural Controls:• Good Housekeeping. Good

housekeeping involves using practical,cost-effective methods to identify waysto maintain a clean and orderly facilityand keep contaminants out of separatestorm sewers. It includes establishingprotocols to reduce the possibility ofmishandling chemicals or equipmentand training employees in goodhousekeeping techniques. Theseprotocols must be described in the planand communicated to appropriate plantpersonnel.

• Minimizing Exposure. Wherepracticable, protecting potentialpollutant sources from exposure tostorm water is an important controloption. Pollutants that are neverallowed to contaminate storm water donot require development of ‘‘treatment’’type BMPs. Elimination of all exposureto storm water may also make thefacility eligible for the ‘‘No ExposureCertification’’ exclusion from permittingat 40 CFR 122.26(g)

• Preventive Maintenance. Permitteesmust develop a preventive maintenanceprogram that involves regular inspectionand maintenance of storm watermanagement devices and otherequipment and systems. The programdescription should identify the devices,equipment, and systems that will beinspected; provide a schedule forinspections and tests; and addressappropriate adjustment, cleaning,repair, or replacement of devices,equipment, and systems. For stormwater management devices such ascatch basins and oil/water separators,the preventive maintenance programshould provide for periodic removal ofdebris to ensure that the devices areoperating efficiently. For otherequipment and systems, the programshould reveal and enable the correctionof conditions that could causebreakdowns or failures that may resultin the release of pollutants.

• Spill Prevention and ResponseProcedures. Based on an assessment ofpossible spill scenarios, permittees mustspecify appropriate material handlingprocedures, storage requirements,containment or diversion equipment,and spill cleanup procedures that willminimize the potential for spills and, inthe event of a spill, enable proper andtimely response. Areas and activitiesthat typically pose a high risk for spillsinclude loading and unloading areas,storage areas, process activities, andwaste disposal activities. Theseactivities and areas, and theiraccompanying drainage points, must bedescribed in the plan. For a spill



prevention and response program to beeffective, employees should clearlyunderstand the proper procedures andrequirements and have the equipmentnecessary to respond to spills.

• Routine Inspections. In addition tothe comprehensive site evaluation,facilities are required to conductperiodic inspections of designatedequipment and areas of the facility.Industry-specific requirements for suchinspections, if any, are set forth in Part6 of the final MSGP. When required,qualified personnel must be identifiedto conduct inspections at appropriateintervals specified in the plan. A set oftracking or follow-up procedures mustbe used to ensure that appropriateactions are taken in response to theinspections. Records of inspectionsmust be maintained. These periodicinspections are different from thecomprehensive site evaluation, eventhough the former may be incorporatedinto the latter. Equipment, area, or otherinspections are typically visual and arenormally conducted on a regular basis,e.g., daily inspections of loading areas.Requirements for such periodicinspections are specific to eachindustrial sector in today’s permit,whereas the comprehensive sitecompliance evaluation is required of allindustrial sectors. Area inspections helpensure that storm water pollutionprevention measures (e.g., BMPs) areoperating and properly maintained on aregular basis. The comprehensive siteevaluation is intended to provide anoverview of the entire facility’spollution prevention activities. Refer toPart VI.C.3.h. below for moreinformation on the comprehensive siteevaluation.

• Employee Training. The SWPPPmust describe a program for informingpersonnel at all levels of responsibilityof the components and goals of theSWPPP. The training program shouldaddress topics such as goodhousekeeping, materials management,and spill response procedures. Whereappropriate, contractor personnel alsomust be trained in relevant aspects ofstorm water pollution prevention. Aschedule for conducting training mustbe provided in the plan. Severalsections in Part 6 of today’s final MSGPspecify a minimum frequency fortraining of once per year. Othersindicate that training is to be conductedat an appropriate interval. EPArecommends that facilities conducttraining annually at a minimum.However, more frequent training may benecessary at facilities with highturnover of employees or whereemployee participation is essential to

the storm water pollution preventionplan.

b. Structural Controls:• Sediment and Erosion Control. The

SWPPP must identify areas that, due totopography, activities, soils, covermaterials, or other factors have a highpotential for significant soil erosion.The plan must identify measures thatwill be implemented to limit erosion inthese areas.

• Management of Runoff. The planmust contain a narrative evaluation ofthe appropriateness of traditional stormwater management practices (i.e.,practices other than those that controlpollutant sources) that divert, infiltrate,reuse, or otherwise manage storm waterrunoff so as to reduce the discharge ofpollutants. Appropriate measures mayinclude, among others, vegetativeswales, collection and reuse of stormwater, inlet controls, snow management,infiltration devices, and wet detention/retention basins.

c. Example BMPs: Part 4.2.7.2.2includes a list of example BMPs thatcould be considered for use in a SWPPP,for example: detention structures(including wet ponds); storm waterretention structures; flow attenuation byuse of open vegetated swales andnatural depressions; infiltration ofrunoff onsite; and sequential systems(which combine several practices).These examples are not intended tolimit the creativity of facility operatorsin developing alternative BMPs orapplications for BMPs that increase costeffectiveness.

d. Selection of Controls: Based on theresults of the evaluation, the plan mustidentify practices that the permitteedetermines are reasonable andappropriate for the facility. The planalso should describe the particularpollutant source area or activity to becontrolled by each storm watermanagement practice. Reasonable andappropriate practices must beimplemented and maintained accordingto the provisions prescribed in the plan.

In selecting storm water managementmeasures, it is important to consider thepotential effects of each method onother water resources, such as groundwater. Although storm water pollutionprevention plans primarily focus onstorm water management, facilities mustalso consider potential ground waterpollution problems and take appropriatesteps to avoid adversely affectingground water quality. For example, ifthe water table is unusually high in anarea, an infiltration pond maycontaminate a ground water sourceunless special preventive measures aretaken. Under EPA’s July 1991 GroundWater Protection Strategy, States are

encouraged to develop ComprehensiveState Ground Water Protection Programs(CSGWPP). Efforts to control stormwater should be compatible with Stateground water objectives as reflected inCSGWPPs.

e. Other Controls: Today’s final MSGPincludes a new requirement that nosolid materials, including floating debrismay be discharged to waters of theUnited States, except as authorized by apermit under Section 404 of the CleanWater Act. In addition, off-site trackingof raw, final, or waste materials orsediment, and the generation of dustmust be minimized. Tracking orblowing of raw, final, or waste materialsfrom areas of no exposure to exposedareas must be minimized. Theserequirements are similar torequirements included in EPA’sconstruction general storm water permit(63 FR 7858, February 17, 1998) whichEPA believes would be appropriate forindustrial facilities as well.

f. Maintenance (Part 4.3): All BMPsidentified in the SWPPP must bemaintained in effective operatingcondition.

g. Controls for Allowable Non-StormWater (Part 4.4.2): Where an allowablenon-storm water has been identified,appropriate controls for that dischargemust be included in the permit. In manycases, the same types of controls forcontaminated storm water wouldsuffice, but the nature and volume ofpotential pollutants in the non-stormwater discharges must be taken intoconsideration in selection of controls.

h. Comprehensive Site ComplianceEvaluation (Part 4.9): Today’s finalMSGP requires that the SWPPP describethe scope and content of thecomprehensive site evaluations thatqualified personnel will conduct to (1)confirm the accuracy of the descriptionof potential pollution sources containedin the plan, (2) determine theeffectiveness of the plan, and (3) assesscompliance with the terms andconditions of the permit. Note that thecomprehensive site evaluations are notthe same as periodic or otherinspections described for certainindustries in Section VI.C.3.d of this factsheet. However, in the instances whenfrequencies of inspections and thecomprehensive site complianceevaluation overlap, they may becombined allowing for efficiency as longas the requirements for both types ofinspections are met. The plan mustindicate the frequency ofcomprehensive evaluations which mustbe at least once a year, except wherecomprehensive site evaluations areshown in the plan to be impractical forinactive mining sites, due to remote



9 Where annual site inspections are shown in theplan to be impractical for inactive mining sites dueto remote location and inaccessibility, siteinspections must be conducted at least once everythree years.

location and inaccessibility.9 Theindividual or individuals who willconduct the comprehensive siteevaluation must be identified in theplan and should be members of thepollution prevention team. Materialhandling and storage areas and otherpotential sources of pollution must bevisually inspected for evidence of actualor potential pollutant discharges to thedrainage system. Inspectors also mustobserve erosion controls and structuralstorm water management devices toensure that each is operating correctly.Equipment needed to implement theSWPPP, such as that used during spillresponse activities, must be inspected toconfirm that it is in proper workingorder.

The results of each comprehensivesite evaluation must be documented ina report signed by an authorizedcompany official. The report mustdescribe the scope of the comprehensivesite evaluation, the personnel makingthe comprehensive site evaluation, thedate(s) of the comprehensive siteevaluation, and any major observationsrelating to implementation of theSWPPP. Comprehensive site evaluationreports must be retained for at leastthree years after the date of theevaluation. Based on the results of eachcomprehensive site evaluation, thedescription in the plan of potentialpollution sources and measures andcontrols must be revised as appropriatewithin two weeks after eachcomprehensive site evaluation, unlessindicated otherwise in Part 6 of thepermit. If existing BMPs need to bemodified or if additional BMPs arenecessary, implementation must becompleted before the next anticipatedstorm, or not more than 12 weeks aftercompletion of the comprehensive siteevaluation.

i. Applicable State, Tribal, or LocalPlans (Part 4.8): The SWPPP must beconsistent with any applicablerequirements of State, Tribal, or Localstorm water, waste disposal, sanitarysewer or septic system regulations to theextent these apply to a facility and aremore stringent than the requirements ofthis permit.

j. Documentation of Permit Eligibilitywith Regards to ESA and NHPARequirements (Parts 4.5 and 4.6): Tobetter ensure compliance with therequirements of the ESA and NHPA,Parts 4.5 and 4.6 of today’s final MSGPrequire that documentation be includedwith the SWPPP demonstrating permit

eligibility with regards to therequirements of the ESA and NHPA.The following information is requiredfor the ESA:

• Information on whether listedendangered or threatened species, orcritical habitat, are found in proximityto the facility;

• Whether such species may bejeopardized by the storm waterdischarges or storm water discharge-related activities;

• Results of the Addendum Aendangered species screeningdeterminations; and

• A description of measuresnecessary to protect listed endangeredor threatened species, or critical habitat,including any terms or conditions thatare imposed under the eligibilityrequirements of Part 1.2.3.6. The finalMSGP notes that discharges fromfacilities which fail to describe andimplement such measures are ineligiblefor coverage under the permit.

The following information is requiredfor the NHPA determination:

• Information on whether the stormwater discharges or storm waterdischarge-related activities would havean effect on a property that is listed oreligible for listing on the NationalRegister of Historic Places;

• Where effects may occur, anywritten agreements which have beenmade with the State HistoricPreservation Officer, Tribal HistoricPreservation Officer, or other Triballeader to mitigate those effects;

• Results of the Addendum B historicplaces screening determinations; and

• A description of measuresnecessary to avoid or minimize adverseimpacts on places listed, or eligible forlisting, on the National Register ofHistoric Places, including any terms orconditions that are imposed under theeligibility requirements of Part 1.2.3.7 ofthis permit. The final MSGP notes thatdischarges from facilities which fail todescribe and implement such measuresare ineligible for coverage under thepermit.

k. Keeping a Copy of the Permit withthe SWPPP (Part 4.7): A newrequirement to have a copy of thepermit language in the SWPPP has beenadded to today’s permit. The‘‘confirmation’’ letter received from theNOI Processing Center is not the permit;it is essentially only the equivalent of a‘‘receipt’’ for a facility’s ‘‘registration’’(NOI) to use the general permit. Sincedetermining permit eligibility andpreparing a SWPPP is required prior toobtaining permit coverage, a copy of thepermit would be needed anyway.Requiring a copy of the permit in theSWPPP ensures that facility operators,

and not just whoever prepared theSWPPP, will have ready access to allpermit requirements.

l. Recordkeeping and Keeping theSWPPP Current (Parts 4.9.4, 4.10, et al.):Records must be kept with the SWPPPdocumenting the status andeffectiveness of plan implementation. Ata minimum, records must addressresults of the annual ComprehensiveSite Compliance Evaluations, routinefacility inspections, spills, monitoring,and maintenance activities. The planalso must describe a system that enablestimely reporting of storm watermanagement-related information toappropriate plant personnel. Inspectorsor other enforcement officers will askfor records documenting permitcompliance during inspections orfacility compliance reviews.

The SWPPP must be updatedwhenever there is a change at thefacility that would significantly affectthe discharges authorized under theMSGP. The SWPPP must also beupdated whenever monitoring resultsand/or an inspection by the permittee orby local, state, tribal, or federal officialsindicate a portion of the SWPPP isproving to be ineffective in controllingstorm water discharge quality.

m. Signature, Plan Review, andAccess to the SWPPP (Part 4.11): TheSWPPP must be signed and certified inaccordance with Part 7 of the permit. Acopy of the SWPPP must be kept on siteat the facility or be locally available forthe use of the Director, a State, Tribe, orlocal agency (e.g., MS4 operator) at thetime of an onsite inspection. TheSWPPP must also be made available tothe U.S. Fish and Wildlife Service orNational Marine Fisheries Service uponrequest. Since SWPPPs are livingdocuments that change over time, accessto the current version of the SWPPP iscritical in assessing permit compliance.Facilities are also required to provide acopy of the SWPPP to the public whenrequested in writing to do so.

The Director may notify you at anytime that your SWPPP does not meetone or more of the minimumrequirements of this permit. Thenotification will identify provisions ofthe permit which are not being met, aswell as the required modifications.Required changes must be made withinthirty (30) calendar days and a writtencertification submitted to the Directorconfirming that the changes were made.

EPA does not intend to require publiccomment on SWPPPs or hold publichearings. As noted above, EPA mayrequire changes to a SWPPP whennecessary and may consider concernsfrom the public in making suchjudgments. The MSGP also provides



that individual permits may be requiredwhen the MSGP is inappropriate for agiven facility. During the issuance of theindividual permits, the public wouldhave an opportunity to comment on therequirements of the permits.

4. Deadlines

Today’s MSGP requires thatpermittees previously covered by the1995 MSGP must update their SWPPPsto comply with any new requirements oftoday’s MSGP by the date they submittheir new NOIs. As noted earlier, thenew NOIs are due January 29, 2001.However, a permittee may request anextension for the SWPPP update not toexceed 270 days from the expirationdate of the 1995 MSGP.

D. Special Requirements

1. Special Requirements for StormWater Discharges Associated WithIndustrial Activity From FacilitiesSubject to EPCRA Section 313Requirements (Part 4.12)

Today’s final MSGP replaces thespecial requirements of the 1995 MSGPfor certain permittees subject toreporting requirements under Section313 of the EPCRA (also known as TitleIII of the Superfund Amendments andReauthorization Act (SARA)) with arequirement to identify areas with thesepollutants. EPCRA Section 313 requiresoperators of certain facilities thatmanufacture (including import),process, or otherwise use listed toxicchemicals to report annually theirreleases of those chemicals to anyenvironmental media. Listed toxicchemicals include more than 500chemicals and chemical classes listed at40 CFR Part 372 (including the recentlyadded chemicals published November30, 1994).

By requiring identification of EPCRA313 chemicals in the summary ofpotential pollutant sources under theStorm Water Pollution Prevention Plan(Part 4.2.4), the facility operator is thenrequired to develop appropriate stormwater controls for such areas (Part4.2.7). EPA expects that many controlsfor EPCRA chemicals will continue tobe driven by other state and federalenvironmental regulations such as SpillPrevention Control and Countermeasure(SPCC) plans required under Section311 of the CWA, etc. as long as such arequirement is incorporated into theSWPPP.

This reduction in permit complexityby eliminating redundant requirementswas requested by members of theregulated community.

2. Special Requirements for StormWater Discharges Associated WithIndustrial Activity From Salt StorageFacilities

Today’s MSGP retains the samespecial requirements as the 1995 MSGPfor storm water discharges associatedwith industrial activity from salt storagefacilities. Storage piles of salt used fordeicing or other commercial orindustrial purposes must be enclosed orcovered to prevent exposure toprecipitation, except for exposureresulting from adding or removingmaterials from the pile. Thisrequirement only applies to runoff fromstorage piles discharged to waters of theUnited States. Facilities that collect allthe runoff from their salt piles and reuseit in their processes or discharge itsubject to a separate NPDES permit donot need to enclose or cover their piles.

These special requirements have beenincluded in today’s permit based onhuman health and aquatic effectsresulting from storm water runoff fromsalt storage piles compounded with theprevalence of salt storage piles acrossthe United States.

3. Consistency With Other Plans

SWPPPs may reference the existenceof other plans for Spill PreventionControl and Countermeasure (SPCC)developed for the facility under Section311 of the CWA or BMP programsotherwise required by an NPDES permitfor the facility as long as suchrequirement is incorporated into theSWPPP.

E. Monitoring and ReportingRequirements

Today’s final MSGP retains the samemonitoring requirements as the existingMSGP. Numerous comments weresubmitted on these monitoringrequirements. A summary of EPA’sresponses to these comments andjustification for retaining theserequirements is contained in thissection. A more detailed discussion isfound in Section IX of this fact sheet(Summary of Responses to Comments).Responses to individual comments arecontained in the Water Docket.

Like the 1995 MSGP, today’s finalMSGP includes three general types ofmonitoring: analytical monitoring orchemical monitoring; compliancemonitoring for effluent guidelinescompliance, and visual examinations ofstorm water discharges. A generaldescription of each of these types ofmonitoring which was provided withthe 1995 MSGP is repeated below.

1. Analytical Monitoring Requirements

Analytical monitoring requirementsinvolve laboratory chemical analyses ofsamples collected by the permittee. Theresults of the analytical monitoring arequantitative concentration values fordifferent pollutants, which can be easilycompared to the results from othersampling events, other facilities, or tonational benchmarks.

The categories of facilities subject toanalytical monitoring in today’s finalMSGP are noted in Table 1 of this factsheet. The MSGP requires analyticalmonitoring for the industry sectors orsubsectors that demonstrated in thegroup application data a potential todischarge pollutants at concentrations ofconcern or, in certain State-specificcases, to satisfy those States’requirements. The data submitted withthe group permit applications werereviewed by EPA to determine theindustry sectors and subsectors listed inTable 1 of this fact sheet that are to besubject to analytical monitoringrequirements. First, EPA divided thePart 1 and Part 2 application data by theindustry sectors listed in Table 1. Wherea sector was found to contain a widerange of industrial activities or potentialpollutant sources, it was furthersubdivided into the industry subsectorslisted in Table 1. Next, EPA reviewedthe information submitted in Part 1 ofthe group applications regarding theindustrial activities, significantmaterials exposed to storm water, andthe material management measuresemployed. This information helpedidentify potential pollutants that may bepresent in the storm water discharges.Then EPA entered into a database thesampling data submitted in Part 2 of thegroup applications. Those data werearrayed according to industrial sectorand subsector for the purposes ofdetermining when analytical monitoringwould be appropriate.

To conduct a comparison of theresults of the statistical analyses todetermine when analytical monitoringwould be required, EPA established‘‘benchmark’’ concentrations for thepollutant parameters on whichmonitoring results had been received.The ‘‘benchmarks’’ are the pollutantconcentrations above which EPAdetermined represent a level of concern.The level of concern is a concentrationat which a storm water discharge couldpotentially impair, or contribute toimpairing, water quality or affect humanhealth from ingestion of water or fish.The benchmarks are also viewed by EPAas a level that, if below, a facilitypresents little potential for water qualityconcern. As such, the benchmarks also



provide an appropriate level todetermine whether a facility’s stormwater pollution prevention measures aresuccessfully implemented. Thebenchmark concentrations are noteffluent limitations and should not beinterpreted or adopted as such. Thesevalues are merely levels which EPA hasused to determine if a storm waterdischarge from any given facility meritsfurther monitoring to ensure that the

facility has been successful inimplementing a SWPPP. As such, theselevels represent a target concentrationfor a facility to achieve throughimplementation of pollution preventionmeasures at the facility. Table 3 lists theparameter benchmark values and thesources used for the benchmarks. Twochanges from the 1995 MSGP are theaddition of benchmark values for totalCyanide and Total Magnesium.

Benchmark values for the twoparameters were included in the FactSheet of the 1995 MSGP at Table K–3,but were inadvertently not included inthe general listing of parameterbenchmark values (Table 5 of the FactSheet for the 1995 MSGP). Additionalinformation explaining the derivation ofthe benchmarks can be found in the factsheet for the 1995 MSGP (60 FR 50825).

TABLE 3.—PARAMETER BENCHMARK VALUES

Parameter name Benchmark level Source

Biochemical Oxygen Demand (5 day) ................................................................................ 30 mg/L ....................................................... 4Chemical Oxygen Demand ................................................................................................. 120 mg/L ..................................................... 5Total Suspended Solids ...................................................................................................... 100 mg/L ..................................................... 7Oil and Grease .................................................................................................................... 15 mg/L ....................................................... 8Nitrate + Nitrite Nitrogen ...................................................................................................... 0.68 mg/L .................................................... 7Total Phosphorus ................................................................................................................ 2.0 mg/L ...................................................... 6pH ........................................................................................................................................ 6.0–9.0 s.u. .................................................. 4Acrylonitrile (c) ..................................................................................................................... 7.55 mg/L .................................................... 2Aluminum, Total (pH 6.5–9) ................................................................................................ 0.75 mg/L .................................................... 1Ammonia .............................................................................................................................. 19 mg/L ....................................................... 1Antimony, Total .................................................................................................................... 0.636 mg/L .................................................. 9Arsenic, Total (c) ................................................................................................................. 0.16854 mg/L .............................................. 9Benzene ............................................................................................................................... 0.01 mg/L .................................................... 10Beryllium, Total (c) .............................................................................................................. 0.13 mg/L .................................................... 2Butylbenzyl Phthalate .......................................................................................................... 3 mg/L ......................................................... 3Cadmium, Total (H) ............................................................................................................. 0.0159 mg/L ................................................ 9Chloride ............................................................................................................................... 860 mg/L ..................................................... 1Copper, Total (H) ................................................................................................................. 0.0636 mg/L ................................................ 9Cyanide, Total ..................................................................................................................... 0.0636 mg/l .................................................. 9Dimethyl Phthalate .............................................................................................................. 1.0 mg/L ...................................................... 11Ethylbenzene ....................................................................................................................... 3.1 mg/L ...................................................... 3Fluoranthene ........................................................................................................................ 0.042 mg/L .................................................. 3Fluoride ................................................................................................................................ 1.8 mg/L ...................................................... 6Iron, Total ............................................................................................................................ 1.0 mg/L ...................................................... 12Lead, Total (H) .................................................................................................................... 0.0816 mg/L ................................................ 1Magnesium, Total ................................................................................................................ 0.0636 mg/l .................................................. 9Manganese .......................................................................................................................... 1.0 mg/L ...................................................... 13Mercury, Total ...................................................................................................................... 0.0024 mg/L ................................................ 1Nickel, Total (H) ................................................................................................................... 1.417 mg/L .................................................. 1PCB–1016 (c) ...................................................................................................................... 0.000127 mg/L ............................................ 9PCB–1221 (c) ...................................................................................................................... 0.10 mg/L .................................................... 10PCB–1232 (c) ...................................................................................................................... 0.000318 mg/L ............................................ 9PCB–1242 (c) ...................................................................................................................... 0.00020 mg/L .............................................. 10PCB–1248 (c) ...................................................................................................................... 0.002544 mg/L ............................................ 9PCB–1254 (c) ...................................................................................................................... 0.10 mg/L .................................................... 10PCB–1260 (c) ...................................................................................................................... 0.000477 mg/L ............................................ 9Phenols, Total ...................................................................................................................... 1.0 mg/L ...................................................... 11Pyrene (PAH,c) .................................................................................................................... 0.01 mg/L .................................................... 10Selenium, Total (*) ............................................................................................................... 0.2385 mg/L ................................................ 9Silver, Total (H) ................................................................................................................... 0.0318 mg/L ................................................ 9Toluene ................................................................................................................................ 10.0 mg/L .................................................... 3Trichloroethylene (c) ............................................................................................................ 0.0027 mg/L ................................................ 3Zinc, Total (H) ...................................................................................................................... 0.117 mg/L .................................................. 1

Sources:1. ‘‘EPA Recommended Ambient Water Quality Criteria.’’ Acute Aquatic Life Freshwater.2. ‘‘EPA Recommended Ambient Water Quality Criteria.’’ LOEL Acute Freshwater.3. ‘‘EPA Recommended Ambient Water Quality Criteria.’’ Human Health Criteria for Consumption of Water and Organisms.4. Secondary Treatment Regulations (40 CFR 133).5. Factor of 4 times BOD5 concentration—North Carolina benchmark.6. North Carolina storm water benchmark derived from NC Water Quality Standards.7. National Urban Runoff Program (NURP) median concentration.8. Median concentration of Storm Water Effluent Limitation Guideline (40 CFR Part 419).9. Minimum Level (ML) based upon highest Method Detection Limit (MDL) times a factor of 3.18.10. Laboratory derived Minimum Level (ML).11. Discharge limitations and compliance data.12. ‘‘EPA Recommended Ambient Water Quality Criteria.’’ Chronic Aquatic Life Freshwater.13. Colorado—Chronic Aquatic Life Freshwater—Water Quality Criteria.Notes:(*) Limit established for oil and gas exploration and production facilities only.(c) carcinogen.



(H) hardness dependent.(PAH) Polynuclear Aromatic Hydrocarbon.Assumptions:Receiving water temperature ¥20 C.Receiving water pH ¥7.8.Receiving water hardness CaCO3 100 mg/L.Receiving water salinity 20 g/kgAcute to Chronic Ratio (ACR) ¥10.

EPA prepared a statistical analysis ofthe sampling data for each pollutantparameter reported within each sectoror subsector. (Only where EPA did notsubdivide an industry sector intosubsectors was an analysis of the entiresector’s data performed.) The statisticalanalysis was performed assuming adelta log normal distribution of thesampling data within each sector/subsector. The analyses calculatedmedian, mean, maximum, minimum,95th, and 99th percentile concentrationsfor each parameter. The results of theanalyses can be found in the appropriatesection of Section VIII of the fact sheetaccompanying the 1995 MSGP. Fromthis analysis, EPA was able to identifypollutants for further evaluation withineach sector or subsector.

EPA next compared the medianconcentration of each pollutant for eachsector or subsector to the benchmarkconcentrations listed in Table 3. EPAalso compared the other statisticalresults to the benchmarks to betterascertain the magnitude and range of thedischarge concentrations to helpidentify the pollutants of concern. EPAdid not conduct this analysis if a sectorhad data for a pollutant from less thanthree individual facilities. Under thesecircumstances, the sector or subsectorwould not have this pollutant identifiedas a pollutant of concern. This was doneto ensure that a reasonable number offacilities represented the industry sectoror subsector as a whole and that theanalysis did not rely on data from onlyone facility.

For each industry sector or subsector,parameters with a median concentrationhigher than the benchmark level wereconsidered pollutants of concern for theindustry and identified as potentialpollutants for analytical monitoringunder today’s permit. EPA thenanalyzed the list of potential pollutantsto be monitored against the lists ofsignificant materials exposed andindustrial activities which occur withineach industry sector or subsector asdescribed in the Part I applicationinformation. Where EPA could identifya source of a potential pollutant whichis directly related to industrial activitiesof the industry sector or subsector, thepermit identifies that parameter foranalytical monitoring. If EPA could notidentify a source of a potential pollutant

which was associated with the sector/subsector’s industrial activity, thepermit does not require monitoring forthe pollutant in that sector/subsector.Industries with no pollutants for whichthe median concentrations are higherthan the benchmark levels are notrequired to perform analyticalmonitoring under this permit, with theexceptions explained below.

In addition to the sectors andsubsectors identified for analyticalmonitoring using the methods describedabove, EPA determined, based upon areview of the degree of exposure, typesof materials exposed, special studiesand in some cases inadequate samplingdata in the group applications, that thefollowing industries also warrantanalytical monitoring notwithstandingthe absence of data on the presence orabsence of certain pollutants in thegroup applications: Sector K (hazardouswaste treatment storage and disposalfacilities), and Sector S (airports whichuse more than 100,000 gallons per yearof glycol-based fluids or 100 tons of ureafor deicing). Today’s final MSGP retainsthe monitoring requirements of the 1995MSGP due to the high potential forcontamination of storm water dischargewhich EPA believes was not adequatelycharacterized by group applicants in theinformation they provided in the groupapplication process. Like the 1995MSGP, exemptions for today’s MSGPwould be on a pollutant-by-pollutantand outfall-by-outfall basis.

As part of the reissuance process fortoday’s MSGP, EPA evaluated DischargeMonitoring Reports (DMRs) submittedby facilities for analytical monitoringconducted during the second and fourthyear of the 1995 MSGP. The purpose ofthe evaluation was to evaluate anytrends in the monitoring results. Onefactor common to almost all industrialsectors, however, was that the numberof DMRs submitted for the year-fourmonitoring period far exceeded thenumber of DMRs submitted for the year-two monitoring period. For the second-year monitoring period, EPA received380 DMRs, whereas 1377 DMRs werereceived for the fourth-year monitoringperiod. For example, the number ofSector M (Auto Salvage Yards) facilitiesthat submitted monitoring results fortotal suspended solids from the secondyear monitoring period was roughly 26;

the number of DMRs submitted for thefourth year monitoring for the sameindustrial sector and parameter was 240.As a result, EPA could not conduct thetrends analysis it intended to perform.

While the exact reason for thesignificant increase in the number ofDMRs received in year 4 of the permit(as compared to year 2) is unknown,EPA suspects it is related to theadministrative extension of EPA’s 1992baseline general permit. Although the1992 general permit expired inSeptember 1997, the permit wasadministratively extended. It was notuntil December 28, 1998 that facilitiespreviously covered under EPA’sbaseline industrial permit were requiredto obtain coverage under the MSGP. Asa result, facilities previously coveredunder the baseline industrial permitwere not required to conduct analyticalmonitoring (as required in the secondyear of the 1995 MSGP). In essence, thefourth-year monitoring data set EPAreceived represents the baseline ofpollutant discharge information underthe sector-specific industrial generalstorm water permit.

Based on the information receivedduring the public comment period andthe DMRs received, EPA believes it ispremature to make any finalconclusions regarding the value of theAgency’s acquisition of the monitoringdata or to consider dropping themonitoring. EPA is retaining quarterlyanalytic monitoring requirements forstorm water discharges as per the 1995MSGP for all sectors previouslyidentified. Comparison of pollutantlevels against benchmark levels is stillregarded as one of the important toolsoperators must use to evaluate theirfacilities’ storm water pollutionprevention plans (SWPPPs) and bestmanagement practices (BMPs).Facilities’ discharge monitoring reports(DMRs) are also vital to the Agency foruse in characterizing an industrialsector’s discharges. EPA has not, anddoes not, intend for pollutant levelsabove the benchmark values to mean afacility is out of compliance with theMSGP–2000.

While today’s permit retains theanalytical monitoring requirements ofthe 1995 MSGP, the Agency continuesto support the position that anyanalytical monitoring program required



under the MSGP needs to be structuredso that it provides useful information tofacility operators, EPA and the generalpublic on the effectiveness of StormWater Pollution Prevention Plans. EPAcommits to using data from the 1995and 2000 permits to evaluate theeffectiveness of management practiceson an industry sector basis and toevaluate the need for changes inmonitoring protocols for the nextpermit. The Agency will work withprogram stakeholders in conducting theevaluation and may seek to implementcertain changes possibly on a pilotbasis.

Like the 1995 MSGP, today’s MSGPrequires that all facilities, save forSector G, within an industry sector orsubsector identified for analyticalmonitoring must, at a minimum,monitor their storm water dischargesquarterly during the second year ofpermit coverage, unless the facilityexercises the Alternative Certificationdescribed in Section VI.E.3 of this factsheet. At the end of the second year ofcoverage under the current permit, afacility is required to calculate theaverage concentration for eachparameter for which the facility isrequired to monitor. If the averageconcentration for a pollutant parameteris less than or equal to the benchmarkvalue, then the permittee is not requiredto conduct analytical monitoring for thatpollutant during the fourth year of thepermit. If, however, the averageconcentration for a pollutant is greaterthan the benchmark value, then thepermittee is required to conductquarterly monitoring for that pollutantduring the fourth year of permitcoverage. Analytical monitoring is notrequired during the first, third, and fifthyear of the permit. When averageconcentrations exceed benchmarklevels, facilities are encouraged toconduct more monitoring if appropriateto identify additional managementpractices which may be necessary toinclude in their SWPPP. The exclusionfrom analytical monitoring in the fourthyear of the permit was conditional onthe facility maintaining industrialoperations and BMPs that will ensure aquality of storm water dischargesconsistent with the averageconcentrations recorded during thesecond year of the permit. For purposesof the above monitoring, year 2 runsfrom October 1, 2001 to September 30,2002; year 4 runs from October 1, 2003to September 30, 2004.

EPA acknowledges that, consideringthe small number of samples requiredper monitoring year (four), and thevagaries of storm water discharges, itmay be difficult to determine or confirm

the existence of a discharge problem asa commenter claimed. When viewed asan indicator, analytic levelsconsiderably above benchmark valuescan serve as a flag to the operator thathis SWPPP needs to be reevaluated andthat pollutant loads may need to bereduced. Conversely, analytic levelsbelow or near benchmarks can confirmto the operator that his SWPPP is doingits intended job. EPA believes there ispresently no alternative that providesstakeholders with an equivalentindicator of program effectiveness.

Commenters also had concerns thatonly four samples and variability inconditions severely reduce the utility ofmonitoring results for judging BMPeffectiveness. While not practicable forEPA to require an increase inmonitoring, operators are encouraged tosample more frequently to improve thestatistical validity of their results.Unless the proper data acquisitionprotocol for making a valid BMPeffectiveness determination is rigorouslyfollowed, any other method used toassess BMP effectiveness would bequalitative, and therefore less reliable.The least subjective approach, and mostbeneficial to operators and stakeholders,EPA believes, remains a combination ofvisual and analytic monitoring, usinganalyte benchmark levels to targetpotential problems. Statisticaluncertainties inherent in the monitoringresults will necessitate both operatorsand EPA exercising best professionaljudgement in interpreting the results. Asstated above, when viewed as anindicator, analytic levels considerablyabove benchmark values can serve as aflag to the operator that his SWPPPneeds to be reevaluated and thatpollutant loads may need to be reduced.Conversely, analytic levels below ornear benchmarks can confirm to theoperator that his SWPPP is doing itsintended job.

Commenters had additional concernsregarding impacts of storm water onwater quality standards and thatmonitoring has marginal value inassessing and protecting water quality.In the absence of establishing dischargepollutant levels that correlate directly towater quality standards, as would bedone for an individual permit, EPAsettled on benchmark levels whichwould, under nearly all scenarios, beprotective of water quality standards.Recognizing the shortcomings of thesegeneric pollutant levels, EPA onlyintends for them to be used as indicatorsof possible problems and as a flag toreevaluate the SWPPP and possibly theoperation of the facility—not as a triggerto begin mandatory SWPPP oroperational revisions (unless, after

employing BPJ, the operator deems suchrevisions are necessary).

Monitoring results also serve as anoversight tool for EPA to prioritize siteswhich may benefit from a siteinspection. A requirement to submit testresults serves as an incentive for thefacility operator to perform themonitoring and take any necessaryaction based on the results.

Some commenters felt the validity ofbenchmark values need to bereevaluated. Universal WQ-baseddischarge levels for storm water cannotbe established; the next best thingwould be to determine water segment-specific total maximum daily loads(TMDLs) for these discharges. But whenbenchmarks are employed merely asindicators, without requiring specificcorrective actions beyond using bestprofessional judgement to reassesspresent conditions and make anychanges deemed necessary, the presentbenchmarks are adequate. In many casesoperators can, upon receipt of analyticmonitoring results above benchmarks,still conclude their present SWPPPs/BMPs are adequately protective of waterquality, or that other situations such asdischarging to low-quality, ephemeralstreams may obviate the need forSWPPP/BMP revisions.

The fact that storm water dischargepollutant levels could be affected byatmospheric/dry deposition, run on andfate in transport, as well as structuralsources, was a concern of a fewcommenters. EPA acknowledges thepotential for adding pollutants to afacility’s discharges from external orstructural sources. Permittees are,nonetheless, still legally responsible forthe quality of all discharges from theirsites (or any runoff that comes intocontact with their structures, industrialactivities or materials, regardless ofwhere these are located)—but not frompollutants that may be introduced intotheir discharges outside the boundariesof their properties. Pollutant levels,whether elevated from air deposition,run-on from nearby sites, or leachatefrom on-site structures, remain theresponsibility of permittees. This wasaffirmed in the ruling by theEnvironmental Appeals Board againstthe General Motors Corporation CPC-Pontiac Fiero Plant in December 1997.

a. Other Monitoring Options: Therewere various comments for and againstvarious alternatives to quarterly analyticmonitoring submitted. The other non-analytic monitoring options aresummarized in the followingparagraphs, along with EPA responses.

b. Visual Monitoring: Numerouscommenters supported droppinganalytic monitoring from the MSGP–



2000 in favor of just requiring quarterlyvisual monitoring. Commenters claimedvisual monitoring is adequate to ensurecompliance and environmentalprotection (especially coupled withtraining), and is least burdensome.

Quarterly visual monitoring of stormwater discharges has always been apermit requirement, for many of thesame reasons why commenters favor it,and will continue to be so. EPA willalso be retaining analytic monitoringbecause we believe the best way toensure SWPPP effectiveness andprotection of water quality is through acombination of visual and analyticmonitoring. The reasons for notadopting visual monitoring only areexplained further in the rationale forjustifying quarterly analytic monitoring.

c. Annual Reporting: One optionsuggested by commenters was for anannual report, possibly using astandardized form, to be submitted toEPA detailing the permittee’s SWPPPhighlights and revisions/additions,inspections, compliance evaluations,visual monitoring results, etc. Thisinformation is already required to bedocumented in a facility’s SWPPP,which, if deemed necessary, must beprovided to EPA on demand. Onecomment against this option stated thatthe volume of data submitted would betoo great for the Agency to evaluate.Other opponents to this optionindicated that the reports would notcontain enough information to evaluateSWPPP effectiveness, ensure waterquality protection, or provide theinformation necessary to make long-term management plans. Commenters insupport of the annual report conceptheld that it would provide a record ofthe permittee’s commitment to stormwater control, was better for evaluatingSWPPP effectiveness, and wouldprovide information to EPA todetermine if sampling or a siteinspection is needed.

If no monitoring data were available,an annual report could be used toensure that a facility is implementing itsSWPPP. The reports could also be usedto prioritize sites for inspection.However, EPA agrees that it would bevery burdensome to review all thereports and very difficult to assess theeffectiveness of a facility’s SWPPP basedon that review alone. The subjectivityinherent in annual reporting makes it aundesirable substitute for analyticmonitoring. Documenting the kind ofinformation in the annual report isalready a SWPPP requirement, and istherefore available to operators forassessing and improving their stormwater programs. For these reasons, EPAwill not require reports containing

essentially the same informationrequired in SWPPPs to be submitted inlieu of analytic monitoring.

d. Group Monitoring: Commentersalso suggested group monitoring. In thisoption a consortium of like permitteeswould do sampling at one facility,possibly on a rotating basis. The sampleresults would represent all the facilitiesin the consortium. A variation of groupmonitoring is for the consortium toretain a consultant to do representativesampling and provide storm waterprogram guidance and evaluations.Supporters of this concept said it mayallow for comparisons of effectivenessof different SWPPP practices (e.g.,sweeping vs. catchment basin for solidscontrol). One commenter pointed outthat the feasibility of the group conceptis suspect due to the fact that individualfacilities may have different topography,soil and other natural conditions. EPAbelieves that technically valid BMPcomparisons could be done under thistype of program. However, it would bedifficult and very resource-intensive forEPA to establish criteria for groupeligibility and then monitor to ensurethat groups met these criteria.

e. Watershed Monitoring: This optioninvolves replacing the monitoring ofdiscrete storm water discharges withambient receiving water monitoring ona watershed basis. Watershedmonitoring is invaluable to making realconclusions regarding storm waterimpacts of water quality, and will beemployed in making total maximumdaily load (TMDL). However, watershedmonitoring cannot replace facility-specific storm water dischargemonitoring to determine the loadscontributed by the facilities and toevaluate the effectiveness of the SWPPP.

f. Monitoring Only in ImpairedWaters: Several commenters supportedrequiring monitoring only in impairedwater bodies and for pollutants thatcause the impairment. Although thisoption would focus attention on theproblem water bodies and possiblepollutant sources, EPA and acommenter point out that not allimpaired water bodies and theirimpairments have been determined. Thegoal of EPA’s storm water program isalso to protect and maintain waterquality, not just remediate impairedwaters, so focusing on impaired watersonly does not fulfill all the program’sresponsibilities.

2. Compliance MonitoringToday’s final MSGP retains the same

compliance monitoring requirements asthe 1995 MSGP, and also includescompliance monitoring requirements forcertain storm water discharges from new

and existing hazardous and non-hazardous landfills. As noted earlier,EPA has recently finalized effluentlimitations guidelines for these landfills(65 FR 3007, January 19, 2000) and thecompliance monitoring is required toensure compliance with the guidelines.These discharges must generally besampled annually (in some casesquarterly) and tested for the parameterswhich are limited by the permit.Discharges subject to compliancemonitoring include (in addition to thelandfills discharges): coal pile runoff,contaminated runoff from phosphatefertilizer manufacturing facilities, runofffrom asphalt paving and roofingemulsion production areas, materialstorage pile runoff from cementmanufacturing facilities, and minedewatering discharges from crushedstone, construction sand and gravel, andindustrial sand mines located in EPARegions 1, 2, 3, 6, 8, 9, 10. All samplesare to be grabs taken within the first 30minutes of discharge where practicable,but in no case later than the first hourof discharge. Where practicable, thesamples shall be taken from thedischarges subject to the numericeffluent limitations prior to mixing withother discharges.

Monitoring for these discharges isrequired to determine compliance withnumeric effluent limitations. Dischargescovered under today’s final MSGPwhich are subject to numeric effluentlimitations are not eligible for thealternative certification described inSection VI.E.3 of this fact sheet.

Where a State or Tribe has imposed anumeric effluent limitation as acondition for certification under CWA§ 401, a default minimum monitoringfrequency of once per year has beenincluded in the final permit. Thisdefault monitoring frequency wouldonly apply if a State failed to provideda monitoring frequency along with theirconditional § 401 certification.

3. Alternate CertificationToday’s final MSGP retains the

provision in the 1995 MSGP for analternative certification in lieu ofanalytical monitoring. The MSGPincludes monitoring requirements forfacilities which the Agency believeshave the potential for contributingsignificant levels of pollutants to stormwater discharges. The alternativecertification described below isincluded in the permit to ensure thatmonitoring requirements are onlyimposed on those facilities which do, infact, have storm water dischargescontaining pollutants at concentrationsof concern. EPA has determined that ifthere are no sources of a pollutant



exposed to storm water at the site thenthe potential for that pollutant tocontaminate storm water dischargesdoes not warrant monitoring.

A discharger is not subject to theanalytical monitoring requirementsprovided the discharger makes acertification for a given outfall, on apollutant-by-pollutant basis, thatmaterial handling equipment oractivities, raw materials, intermediateproducts, final products, wastematerials, by-products, industrialmachinery or operations, significantmaterials from past industrial activitythat are located in areas of the facilitythat are within the drainage area of theoutfall are not presently exposed tostorm water and will not be exposed tostorm water for the certification period.Such certification must be retained inthe SWPPP, and submitted to EPA inlieu of monitoring reports requiredunder Part 7 of the permit. Thepermittee is required to complete anyand all sampling until the exposure iseliminated. If the facility is reporting fora partial year, the permittee mustspecify the date exposure waseliminated. If the permittee is certifyingthat a pollutant was present for part ofthe reporting period, nothing relievesthe permittee from the responsibility tosample that parameter up until theexposure was eliminated and it wasdetermined that no significant materialsremained. This certification is not to beconfused with the low concentrationsampling waiver. The test for theapplication of this certification iswhether the pollutant is exposed, or canbe expected to be present in the stormwater discharge. If the facility does notand has not used a parameter, or ifexposure is eliminated and nosignificant materials remain, then thefacility can exercise this certification.

As noted above, the MSGP does notallow facilities with discharges subjectto numeric effluent limitationsguidelines to submit alternativecertification in lieu of compliancemonitoring requirements. The permitalso does not allow air transportationfacilities or hard rock mines subject tothe analytical monitoring requirementsin Part 6 of the final MSGP to exercisean alternative certification.

A facility is not precluded fromexercising the alternative certification inlieu of analytical monitoringrequirements in the second or fourthyear of the reissued MSGP, even if thatfacility has failed to qualify for a lowconcentration waiver thus far. EPAencourages facilities to eliminateexposure of industrial activities andsignificant materials where practicable.

4. Reporting and RetentionRequirements

Like the 1995 MSGP, today’s finalMSGP requires that permittees submitall analytical monitoring resultsobtained during the second and fourthyear of permit coverage. As notedearlier, year 2 runs from October 1, 2001to September 30, 2002; year 4 runs fromOctober 1, 2003 to September 30, 2004.Monitoring results must be submitted byJanuary 28, 2003 for year 2 monitoringand January 28, 2005 for year 4monitoring.

For each outfall, one DischargeMonitoring Report (DMR) form must besubmitted per storm event sampled. Forfacilities conducting monitoring beyondthe minimum requirements, anadditional DMR form must be filed foreach analysis. The permittee mustinclude a measurement or estimate ofthe total precipitation, volume of runoff,and peak flow rate of runoff for eachstorm event sampled. Permittees subjectto compliance monitoring requirementsare required to submit all compliancemonitoring results annually by October28 following each annual samplingperiod (which run from October 1 ofeach year to September 30 of thefollowing year). Compliance monitoringresults must be submitted on signedDMR forms. For each outfall, one DMRform must be submitted for each stormevent sampled.

Permittees are not required to submitrecords of the visual examinations ofstorm water discharges unlessspecifically asked to do so by theDirector. Records of the visualexaminations must be maintained at thefacility. Records of visual examinationof storm water discharge need not belengthy. Permittees may prepare typedor hand written reports using forms ortables which they may develop for theirfacility. The report need only document:the date and time of the examination;the name of the individual making theexamination; and any observations ofcolor, odor, clarity, floating solids,suspended solids, foam, oil sheen, andother obvious indicators of storm waterpollution.

The address for submission of DMRforms for today’s final MSGP is asfollows: MSGP DMR (4203), U.S. EPA,1200 Pennsylvania Avenue, NW.,Washington, DC 20460.

Under the 1995 MSGP, DMRs hadbeen sent to the EPA Regional Offices.However, to facilitate review of allDMRs from facilities operating underthe MSGP, the final MSGP requires thatthey be sent to the one locationspecified above.

Today’s final MSGP also retains therequirement in the 1995 MSGP thatpermittees submit signed copies ofDMRs to the operator of a large ormedium MS4 (those which serve apopulation of 100,000 or more), if thereare discharges of storm water associatedwith industrial activity through theMS4.

The location for submission of allreports (other than DMRs) for today’sfinal MSGP remains the EPA RegionalOffices as found in Part 8.3 of the finalpermit. Consistent with Office ofManagement and Budget Circular A–105, facilities located on the followingFederal Indian Reservations, whichcross EPA Regional boundaries, shouldnote that permitting authority for suchlands is consolidated in one single EPARegion.

a. Duck Valley Reservations lands,located in Regions 9 and 10, are handledby Region 9.

b. Fort McDermitt Reservation lands,located in Regions 9 and 10, are handledby Region 9.

c. Goshute Reservation lands, locatedin Regions 8 and 9, are handled byRegion 9.

d. Navajo Reservation lands, locatedin Regions 6, 8, and 9, are handled byRegion 9.

e. Ute Mountain Reservation lands,located in Regions 6 and 8, are handledRegion 8.

Pursuant to the requirements of 40CFR 122.41(j), today’s MSGP (like the1995 MSGP) requires permittees toretain all records for a minimum ofthree years from the date of thesampling, examination, or other activitythat generated the data.

5. Sample TypeToday’s final MSGP retains the same

requirements regarding the type ofsampling as the 1995 MSGP. A generaldescription is provided below. Certainindustries have different requirements.Permittees should check the industry-specific requirements in Part 6 of thefinal permit to confirm theserequirements. Grab samples may beused for all monitoring unless otherwisestated. All such samples shall becollected from the discharge resultingfrom a storm event that is greater than0.1 inches in magnitude and that occursat least 72 hours from the previouslymeasurable (greater than 0.1 inchrainfall) storm event. The required 72-hour storm event interval may bewaived by the permittee where thepreceding measurable storm event didnot result in a measurable dischargefrom the facility. The 72-hourrequirement may also be waived by thepermittee where the permittee



documents that less than a 72-hourinterval is representative for local stormevents during the season when samplingis being conducted. The grab samplemust be taken during the first 30minutes of the discharge. If thecollection of a grab sample during thefirst 30 minutes is impracticable, a grabsample can be taken during the firsthour of the discharge, and thedischarger must submit with themonitoring report a description of whya grab sample during the first 30minutes was impracticable. A minimumof one grab is required. Where thedischarge to be sampled contains bothstorm water and non-storm water, thefacility shall sample the storm watercomponent of the discharge at a pointupstream of the location where the non-storm water mixes with the storm water,if practicable.

6. Representative DischargeToday’s MSGP retains the same

provision as the 1995 MSGP regardingsubstantially identical outfalls whichallows a facility to reduce its overallmonitoring burden. This representativedischarge provision provides facilitieswith multiple storm water outfalls, ameans for reducing the number ofoutfalls that must be sampled andanalyzed. This may result in asubstantial reduction of the resourcesrequired for a facility to comply withanalytical monitoring requirements.When a facility has two or more outfallsthat, based on a consideration ofindustrial activity, significant materials,and management practices and activitieswithin the area drained by the outfall,the permittee reasonably believesdischarge substantially identicaleffluents, the permittee may test theeffluent of one such outfall and reportthat the quantitative data also apply tothe substantially identical outfallsprovided that the permittee includes inthe SWPPP a description of the locationof the outfalls and detailed explanationwhy the outfalls are expected todischarge substantially identicaleffluent. In addition, for each outfallthat the permittee believes isrepresentative, an estimate of the size ofthe drainage area (in square feet) and anestimate of the runoff coefficient of thedrainage area (e.g., low (under 40percent), medium (40 to 65 percent) orhigh (above 65 percent)) shall beprovided in the plan. Facilities thatselect and sample a representativedischarge are prohibited from changingthe selected discharge in futuremonitoring periods unless the selecteddischarge ceases to be representative oris eliminated. Permittees do not needEPA approval to claim discharges are

representative, provided they havedocumented their rationale within theSWPPP. However, the Director maydetermine the discharges are notrepresentative and require sampling ofall non-identical outfalls.

The representative dischargeprovision in the permit is available toalmost all facilities subject to theanalytical monitoring requirements (notincluding compliance monitoring foreffluent guideline limit compliancepurposes) and to facilities subject tovisual examination requirements.

The representative dischargeprovisions described above areconsistent with Section 5.2 of NPDESStorm Water Sampling GuidanceDocument (EPA 833–B–92–001, July1992).

7. Sampling WaiverToday’s final MSGP retains the same

provisions for sampling waivers (asdiscussed below) which are found in the1995 MSGP:

a. Adverse Weather Conditions.Today’s final MSGP allows fortemporary waivers from sampling basedon adverse climatic conditions. Thistemporary sampling waiver is onlyintended to apply to insurmountableweather conditions such as drought ordangerous conditions such as lightning,flash flooding, or hurricanes. Theseevents tend to be isolated incidents andshould not be used as an excuse for notconducting sampling under morefavorable conditions associated withother storm events. The samplingwaiver is not intended to apply todifficult logistical conditions, such asremote facilities with few employees ordischarge locations which are difficultto access. When a discharger is unableto collect samples within a specifiedsampling period due to adverse climaticconditions, the discharger shall collect asubstitute sample from a separatequalifying event in the next samplingperiod as well as a sample for theroutine monitoring required in thatperiod. Both samples should beanalyzed separately and the results ofthat analysis submitted to EPA.Permittees are not required to obtainadvance approval for sampling waivers.

b. Unstaffed and Inactive Sites—Chemical Sampling Waiver. Today’sfinal MSGP allows for a waiver fromsampling for facilities that are bothinactive and unstaffed. This waiver isonly intended to apply to these facilitieswhere lack of personnel and locationalimpediments hinder the ability toconduct sampling (i.e., the ability tomeet the time and representative rainfallsampling specifications). This waiver isnot intended to apply to remote

facilities that are active and staffed, orto facilities with just difficult logisticalconditions. When a discharger is unableto collect samples as specified in thispermit, the discharger shall certify tothe Director in the DMR that the facilityis unstaffed and inactive and the abilityto conduct samples within thespecifications is not possible. Permitteesare not required to obtain advanceapproval for this waiver.

c. Unstaffed and Inactive Sites—Visual Monitoring Waiver. Today’s finalMSGP allows for a waiver fromsampling for facilities that are bothinactive and unstaffed. This waiver isonly intended to apply to these facilitieswhere lack of personnel and locationalimpediments hinder the ability toconduct visual examinations (i.e., theability to meet the time andrepresentative rainfall samplingspecifications). This monitoring waiveris not intended to apply to remotefacilities that are active and staffed, orto facilities with just difficult logisticalconditions. When a discharger is unableto perform visual examinations asspecified in this permit, the dischargershall maintain on site with the pollutionprevention plan a certification statingthat the facility is unstaffed and inactiveand the ability to perform visualexaminations within the specificationsis not possible. Permittees are notrequired to obtain advance approval forvisual examination waivers.

8. Quarterly Visual Examination ofStorm Water Quality

Today’s final MSGP retains therequirements of the 1995 MSGP forquarterly visual examinations of stormwater discharges which EPA continuesto believe provide a useful andinexpensive means for permittees toevaluate the effectiveness of theirSWPPPs (with immediate feedback) andmake any necessary modifications toaddress the results of the visualexaminations. All sectors of today’sfinal MSGP are required to conductthese examinations. In the 1995 MSGPall sectors except Sector S (which coversair transportation) were required toconduct the examinations.

Basically, the MSGP requires that grabsamples of storm water discharges betaken and examined visually for thepresence of color, odor, clarity, floatingsolids, settled solids, suspended solids,foam, oil sheen or other obviousindicators of storm water pollution. Thegrab samples must be taken within thefirst 30 minutes after storm waterdischarges begin, or as soon aspracticable, but not longer than 1 hourafter discharges begin. The samplingmust be conducted quarterly during the



following time periods: January–March,April–June, July–September andOctober–December of each year. Thereports summarizing these quarterlyvisual storm water examinations mustbe maintained on-site with the SWPPP.

The examination of the sample mustbe made in well lit areas. The visualexamination is not required if there isinsufficient rainfall or snow-melt to runoff or if hazardous conditions preventsampling. Whenever practicable thesame individual should carry out thecollection and examination ofdischarges throughout the life of thepermit to ensure the greatest degree ofconsistency possible in recordingobservations.

When conducting a storm watervisual examination, the pollutionprevention team, or team member,should attempt to relate the results ofthe examination to potential sources ofstorm water contamination on the site.For example, if the visual examinationreveals an oil sheen, the facilitypersonnel (preferably members of thepollution prevention team) shouldconduct an inspection of the area of thesite draining to the examined dischargeto look for obvious sources of spilledoil, leaks, etc. If a source can be located,then this information allows the facilityoperator to immediately conduct aclean-up of the pollutant source, and/orto design a change to the SWPPP toeliminate or minimize the contaminantsource from occurring in the future.

Other examples include: if the visualexamination results in an observation offloating solids, the personnel shouldcarefully examine the solids to see ifthey are raw materials, waste materialsor other known products stored or usedat the site. If an unusual color or odoris sensed, the personnel should attemptto compare the color or odor to thecolors or odors of known chemicals andother materials used at the facility. If theexamination reveals a large amount ofsettled solids, the personnel may checkfor unpaved, unstabilized areas or areasof erosion. If the examination results ina cloudy sample that is very slow tosettle out, the personnel should evaluatethe site draining to the discharge pointfor fine particulate material, such asdust, ash, or other pulverized, ground,or powdered chemicals.

To be most effective, the personnelconducting the visual examinationshould be fully knowledgeable about theSWPPP, the sources of contaminants onthe site, the industrial activitiesconducted exposed to storm water andthe day to day operations that maycause unexpected pollutant releases.

If the visual examination results in aclean and clear sample of the storm

water discharge, this may indicate thatno pollutants are present. This would bean indication of a high quality result.However, the visual examination willnot provide information about dissolvedcontamination. If the facility is in asector or subsector required to conductanalytical (chemical) monitoring, theresults of the chemical monitoring, ifconducted on the same sample, wouldhelp to identify the presence of anydissolved pollutants and the ultimateeffectiveness of the Storm WaterPollution Prevention Plan. If the facilityis not required to conduct analyticalmonitoring, it may do so if it chooses toconfirm the cleanliness of the sample.

While conducting the visualexaminations, personnel shouldconstantly be attempting to relate anycontamination that is observed in thesamples to the sources of pollutants onsite. When contamination is observed,the personnel should be evaluatingwhether or not additional BMPs shouldbe implemented in the SWPPP toaddress the observed contaminant and,if BMPs have already beenimplemented, evaluating whether or notthese are working correctly or needmaintenance. Permittees may alsoconduct more frequent visualexaminations than the minimumquarterly requirement, if they so choose.By doing so, they may improve theirability to ascertain the effectiveness oftheir plan. Using this guidance, andemploying a strong knowledge of thefacility operations, EPA believes thatpermittees should be able to maximizethe effectiveness of their storm waterpollution prevention efforts throughconducting visual examinations whichgive direct, frequent feedback to thefacility operator or pollution preventionteam on the quality of the storm waterdischarge.

EPA believes that this quick andsimple assessment will help thepermittee to determine the effectivenessof his/her plan on a regular basis at verylittle cost. Although the visualexamination cannot assess the chemicalproperties of the storm water dischargedfrom the site, the examination willprovide meaningful results upon whichthe facility may act quickly. EPArecommends that the visualexamination be conducted at differenttimes than the chemical monitoring, butis not requiring this. In addition, morefrequent visual examinations can beconducted if the permittee so chooses.In this way, better assessments of theeffectiveness of the Storm WaterPollution Prevention Plan can beachieved. The frequency of this visualexamination will also allow for timelyadjustments to be made to the plan. If

BMPs are performing ineffectively,corrective action must be implemented.A set of tracking or followup proceduresmust be used to ensure that appropriateactions are taken in response to theexaminations. The visual examination isintended to be performed by members ofthe pollution prevention team. Thishands-on examination will enhance thestaff’s understanding of the site’s stormwater problems and the effects of themanagement practices that are includedin the plan.

F. Regional Offices

1. Notice of Intent Address

Notices of Intent to be authorized todischarge under the MSGP should besent to: Storm Water Notice of Intent(4203), USEPA, 401 M Street, SW.,Washington, DC 20460.

2. EPA Regional Office Addresses andContacts

For further information, please callthe appropriate EPA Regional stormwater contacts listed below:

• ME, MA, NH, Indian country in CT,MA, ME, RI, and Federal Facilities inVT

EPA Region 1, Office of EcosystemProtection, JFK Federal Building (CMU),Boston, MA 02203, Contact: ThelmaMurphy (617) 918–1615.

• PR

U.S. EPA, Region 2, CaribbeanEnvironmental Protection Division,Centro Europa Building, 1492 Ponce deLeon Avenue, Suite 417, San Juan,Puerto Rico 00907–4127, Contact: SergioBosques (787) 729–6951.

• DC and Federal Facilities in DE

EPA Region 3, Water ProtectionDivision, (3WP13), Storm Water Staff,841 Chestnut Building, Philadelphia,PA 19107, Contact: Cheryl Atkinson(215) 814–3392.

• Indian country in FL

EPA Region 4, Water ManagementDivision, Surface Water Permits Section(SWPFB), 61 Forsyth Street, SW,Atlanta, GA 30303–3104, Contact: FloydWellborn (404) 562–9296.



• NM; Indian country in LA, OK, TXand NM (Except Navajo and UteMountain Reservation Lands); oil andgas exploration and production relatedindustries, and pipeline operations inOK (which under State law areregulated by the Oklahoma CorporationCommission and not the OklahomaDepartment of Environmental Quality);and oil and gas sites in TX.

EPA Region 6, NPDES Permits Section(6WQ-PP), 1445 Ross Avenue, Dallas,TX 75202–2733, Contact: Brent Larsen(214) 665–7523.

• Federal facilities in the State ofColorado; Indian country in CO, ND,SD, WY and UT (except Goshute andNavajo Reservation lands); UteMountain Reservation lands in CO andNM ; and Pine Ridge Reservation landsin SD and NE.

EPA Region 8, Ecosystems Pr.otectionProgram (8EPR–EP), 999 18th Street,Suite 300, Denver, CO 80202–2466Contact: Vern Berry (303) 312–6234.

• AZ, American Samoa,Commonwealth of Northern MarianaIslands, Johnston Atoll, Guam, MidwayIsland and Wake Island; all Indiancountry in AZ, CA, and NV; thoseportions of the Duck Valley, FortMcDermitt and Goshute Reservationsthat are outside NV; those portions ofthe Navajo Reservation that are outsideAZ.

EPA Region 9, Water ManagementDivision, (WTR–5), Storm Water Staff,75 Hawthorne Street, San Francisco, CA94105, Contact: Eugene Bromley (415)744–1906.

• ID; Indian country in AK, ID (exceptthe Duck Valley Reservation), OR(except the Fort McDermittReservation), and WA; and Federalfacilities in WA

EPA Region 10, Office of Water (OW–130), Storm Water Staff, 1200 SixthAvenue, Seattle, WA 98101, Contact:Misha Vakoc (206) 553–6650 (toll-freein Region 10 states: 800–424–4372,extension 6650).

VII. Cost Estimates for Common PermitRequirements

Cost estimates for the MSGP wereincluded with the final fact sheetaccompanying the issuance of the MSGPon September 29, 1995 and are notbeing repeated here. However,additional costs for facilities seekingcoverage under the reissued MSGPshould be minor since the new MSGPincludes few changes from the 1995MSGP.

VIII. Special Requirements forDischarges Associated With SpecificIndustrial Activities

Section VIII of the fact sheetaccompanying the 1995 MSGP includeda detailed description of the industrialsectors covered by the permit, sources ofpollutants from the different types ofindustries, available industry-specificBMPs, and a description of theindustrial-specific permit requirements.As noted previously, EPA is notrepeating all this information due to itsconsiderable length. Table 1 in SectionIV of this fact sheet listed the industrialsectors and subsectors covered bytoday’s final MSGP. For today’s MSGP,EPA reviewed the various sectors andsubsectors to determine whetheradditional BMP opportunities have beenidentified subsequent to the issuance ofthe 1995 MSGP which would beappropriate to include in the reissuedMSGP.

To update the various sectors andsubsectors, EPA reviewed a variety ofsources of information. As noted inSection VI.C of this fact sheet, pollutionprevention is the cornerstone of theNPDES storm water permit programand, as such, EPA focused on newpollution prevention opportunities inupdating the sectors. EPA has severalongoing programs directed towardidentifying additional pollutionprevention opportunities for differentindustrial sectors. One example is the‘‘sector notebooks’’ which EPA’s Officeof Compliance has published covering28 different industries, including manyof those covered by the MSGP. EPA’sDesign for the Environment Programand Common Sense Initiative areadditional examples. States,municipalities, industry tradeassociations and individual companieshave also been active in recent years intrying to identify additional pollutionprevention opportunities for differenttypes of industries.

In reviewing the new information,however, EPA has identified only a fewsectors where there appear to beadditional storm water BMPs whichwould be appropriate for the reissuedMSGP. For many industries, whileconsiderable work has been conductedto reduce the environmental effects ofthese industries, little of the work hasfocused specifically on storm water.Rather, the efforts have focused more inareas such as manufacturing processchanges to reduce hazardous wastegeneration or to reduce pollutantdischarges in process wastewater.Where additional storm water BMPshave been identified and incorporatedinto the reissued MSGP, these new

requirements are discussed below bysector. In some sectors, additionallanguage clarifying the permitrequirements has been added and thesechanges are also discussed below.

A. Sectors C—Chemical and AlliedProducts Facilities

Industry-specific requirements for themanufacture of fertilizer from leatherscraps (SIC 2873) was moved fromSector Z (Leather Tanning andFinishing) to Sector C. This changeplaces the requirements for SIC 2873 inthe same sector as other manufacturersof fertilizers.

B. Sector G—Metal Mining (Ore Dressingand Mining)

To clarify the applicability of theMSGP regarding construction activity atmetal mining sites and to make metalmining requirements consistent withmineral mining provisions (Sector J),Sector G has been modified to indicatethat earth-disturbing activities occurringin the ‘‘exploration and constructionphase’’ of a mining operation must becovered under EPA’s ConstructionGeneral Permit (63 FR 7858, February17, 1998) if the area disturbed is oneacre or more. All mining exploration/construction operations of less than oneacre must be covered under the MSGP–2000.

Today’s MSGP also incorporates theMSGP modifications of August 7, 1998(63 FR 42534) regarding storm waterdischarges from waste rock andoverburden piles. On October 10, 1995,the National Mining Associationchallenged the interpretation set forth inTable G–4 of the 1995 MSGP that runofffrom waste rock and overburden pileswould categorically be considered minedrainage subject to effluent limitationsguidelines (ELGs) at 40 CFR Part 440.The litigation was settled on August 7,1998 with a revised interpretation byEPA of the applicability of the ELGswhich is incorporated into today’sMSGP. Under the revised interpretation,runoff from waste rock and overburdenpiles is not subject to ELGs unless itnaturally drains (or is intentionallydiverted) to a point source andcombines with ‘‘mine drainage’’ that isotherwise subject to the ELGs.

The August 7, 1998 modification ofthe MSGP provided permit coverage forstorm water discharges from waste rockand overburden piles which are notsubject to ELGs. However, due toconcerns regarding potential pollutantsin the discharges, additional monitoringrequirements were included in thepermit to determine the pollutantconcentrations in the discharges. Thesemonitoring requirements are also



included in today’s MSGP. Themonitoring results which have beensubmitted to EPA pursuant to theserequirements were also considered indetermining the monitoringrequirements for today’s permit for thissector.

Concerns were expressed by somecommenters over the use of the term‘‘Numeric limitation’’ in the headings inthe tables in Sector G in the proposedMSGP. However, since there are noactual numeric limitations in the tables,EPA believes this concern is notjustified and the final MSGP has notbeen modified in response to thesecomments. In response to othercomments, the revised Table G–4 fromthe August 7, 1998 MSGP modificationhas been added to the permit in Part6.G.

In response to comments received onthe proposed MSGP, the language inPart 6.G.1.6.6 of the final MSGP wasmodified to indicate that a permitteemay test ‘‘or evaluate’’ mining-relateddischarges for non-storm waterdischarges to make today’s MSGPconsistent with the 1995 MSGP.

Also in response to comments, thepermit language in the final MSGPwhich defines the reclamation phasewas modified to reflect post-miningland uses other than ‘‘pre-mining state’’which had been in the proposed MSGP.In addition, the final MSGP has beenclarified to indicate that samplingwaivers in Part 5.3.1 of the MSGP doapply to Sector G.

C. Sector I—Oil and Gas Extraction andRefining

In response to a comment, the title forSector I was changed to include‘‘Refining’’ to clarify that runoff fromrefineries (except runoff subject toeffluent limitations guidelines) iseligible for coverage under today’sMSGP.

D. Sector J—Mineral Mining andProcessing

EPA has re-evaluated the provisionsof the 1995 MSGP for industrialfacilities in Sector J to determinewhether these provisions need to beupdated for the reissued MSGP. Toclarify the applicability of the MSGPregarding construction activity atmineral mining sites and to makemineral mining requirements consistentwith metal mining provisions (SectorG), Sector J has been modified toindicate that earth-disturbing activitiesoccurring in the ‘‘exploration andconstruction phase’’ of a miningoperation must be covered under EPA’sConstruction General Permit (63 FR7858, February 17, 1998) if the area

disturbed is one acre or more. Allmining exploration/constructionoperations of less than one acre must becovered under the MSGP–2000.

E. Sector K—Hazardous WasteTreatment, Storage or DisposalFacilities

EPA has re-evaluated the provisionsof the 1995 MSGP for industrialfacilities in Sector K to determinewhether these provisions need to beupdated for the reissued MSGP. OnJanuary 19, 2000 (65 FR 3008), EPApromulgated final effluent limitationsguidelines (ELGs) for ‘‘contaminatedstorm water discharges’’ from new andexisting hazardous landfill facilitiesregulated under RCRA Subtitle C at 40CFR Parts 264 (Subpart N) and 265(Subpart N), except for the following‘‘captive’’ landfills:

(a) Landfills operated in conjunctionwith other industrial or commercialoperations when the landfill onlyreceives wastes generated by theindustrial or commercial operationdirectly associated with the landfill;

(b) Landfills operated in conjunctionwith other industrial or commercialoperations when the landfill receiveswastes generated by the industrial orcommercial operation directlyassociated with the landfill and alsoreceives other wastes provided the otherwastes received for disposal aregenerated by a facility that is subject tothe same provisions in 40 CFRSubchapter N as the industrial orcommercial operation or the otherwastes received are of similar nature tothe wastes generated by the industrial orcommercial operation;

(c) Landfills operated in conjunctionwith Centralized Waste Treatment(CWT) facilities subject to 40 CFR Part437 so long as the CWT facilitycommingles the landfill wastewaterwith other non-landfill wastewater fordischarge. A landfill directly associatedwith a CWT facility is subject to thispart if the CWT facility dischargeslandfill wastewater separately fromother CWT wastewater or comminglesthe wastewater from its landfill onlywith wastewater from other landfills; or

(d) Landfills operated in conjunctionwith other industrial or commercialoperations when the landfill receiveswastes from public service activities solong as the company owning the landfilldoes not receive a fee or otherremuneration for the disposal service.

For Sector K of the new MSGP, EPAhas included the new ELGs (40 CFR Part445 Subpart A) for hazardous landfillfacilities.

The term ‘‘contaminated storm water’’is defined in the ELGs as ‘‘storm water

which comes in direct contact withlandfill wastes, the waste handling andtreatment areas, or landfill wastewater.’’[40 CFR 445.2]. Contaminated stormwater may originate from areas at alandfill including (but not limited to):‘‘the open face of an active landfill withexposed waste (no cover added); theareas around wastewater treatmentoperations; trucks, equipment ormachinery that has been in directcontact with the waste; and wastedumping areas.’’ [40 CFR 445.2].

The term ‘‘non-contaminated stormwater’’ is defined in the ELGs as ‘‘stormwater which does not come in directcontact with landfill wastes, the wastehandling and treatment areas, or landfillwastewater.’’ [40 CFR 445.2]. Non-contaminated storm water includesstorm water which ‘‘flows off the cap,cover, intermediate cover, daily cover,and/or final cover of the landfill.’’ [40CFR 445.2].

The term ‘‘landfill wastewater’’ isdefined in the ELGs as ‘‘all wastewaterassociated with, or produced by,landfilling activities except for sanitarywastewater, non-contaminated stormwater, contaminated groundwater, andwastewater from recovery pumpingwells. Landfill wastewater includes, butis not limited to, leachate, gas collectioncondensate, drained free liquids,laboratory derived wastewater,contaminated storm water and contactwashwater from washing truck,equipment, and railcar exteriors andsurface areas which have come in directcontact with solid waste at the landfillfacility.’’

The 1995 MSGP authorizeddischarges of storm water associatedwith industrial activity which includescontaminated storm water discharges (asdefined above) as well as other non-contaminated storm water discharges(also defined above). Today’s finalMSGP continues to authorize stormwater associated with industrialactivity; however, for contaminatedstorm water discharges as definedabove, the reissued MSGP requirescompliance with the promulgated ELGsfor such discharges (with monitoringonce/year during each year of the termof the final MSGP). The ELGs for thenew and existing hazardous landfills arefound in Table K–1 below:

TABLE K–1—EFFLUENT LIMITATIONSGUIDELINES FOR CONTAMINATEDSTORM WATER DISCHARGES (MG/L)

PollutantMax-

imum for1 day

Monthlyaverage

maximum

BOD5 ......................... 220 56



TABLE K–1—EFFLUENT LIMITATIONSGUIDELINES FOR CONTAMINATEDSTORM WATER DISCHARGES (MG/L)—Continued

PollutantMax-

imum for1 day

Monthlyaverage

maximum

TSS ............................ 88 27Ammonia .................... 10 4.9Alpha Terpineol .......... 0.042 0.019Aniline ........................ 0.024 0.015Benzoic Acid .............. 0.119 0.073Naphthalene ............... 0.059 0.022p-Cresol ...................... 0.024 0.015Phenol ........................ 0.048 0.029Pyridine ...................... 0.072 0.025Arsenic (Total) ............ 1.1 0.54Chromium (Total) ....... 1.1 0.46Zinc (Total) ................. 0.535 0.296pH ............................... Within the range of

6–9 pH units.

Today’s final MSGP (like the 1995MSGP) does not authorize non-stormwater discharges such as leachate andvehicle and equipment washwater.These and other landfill-generatedwastewaters are subject to the ELGs.Today’s final MSGP does, however,continue to authorize certain minornon-storm water discharges (listed inPart 1.2.2.2) which are very similar tothe 1995 MSGP.

F. Sector L—Landfills, Land ApplicationSites and Open Dumps

EPA has re-evaluated the provisionsof the 1995 MSGP for industrialfacilities in Sector L to determinewhether these provisions need to beupdated for the reissued MSGP. TheSWPPP requirements of the 1995 MSGPalready include several special BMPs forthis industry in addition to the MSGP’sbasic BMP requirements.

On January 19, 2000 (65 FR 3008),EPA promulgated final effluentlimitations guidelines (ELGs) for‘‘contaminated storm water discharges’’from new and existing non-hazardouslandfill facilities regulated under RCRASubtitle D (40 CFR Part 445 Subpart B).For Sector L of today’s MSGP, EPA hasincluded the ELGs as they apply tofacilities covered by this sector. ForSector L facilities, the ELGs apply to:

Municipal solid waste landfillsregulated under RCRA Subtitle D at 40CFR Part 258 and those landfills whichare subject to the provisions of 40 CFRPart 257, except for any of the following‘‘captive’’ landfills:

(a) Landfills operated in conjunctionwith other industrial or commercialoperations when the landfill onlyreceives wastes generated by theindustrial or commercial operationdirectly associated with the landfill;

(b) Landfills operated in conjunctionwith other industrial or commercialoperations when the landfill receiveswastes generated by the industrial orcommercial operation directlyassociated with the landfill and alsoreceives other wastes provided the otherwastes received for disposal aregenerated by a facility that is subject tothe same provisions in 40 CFRSubchapter N as the industrial orcommercial operation or the otherwastes received are of similar nature tothe wastes generated by the industrial orcommercial operation;

(c) Landfills operated in conjunctionwith Centralized Waste Treatment(CWT) facilities subject to 40 CFR Part437 so long as the CWT facilitycommingles the landfill wastewaterwith other non-landfill wastewater fordischarge. A landfill directly associatedwith a CWT facility is subject to thispart if the CWT facility dischargeslandfill wastewater separately fromother CWT wastewater or comminglesthe wastewater from its landfill onlywith wastewater from other landfills; or

(d) Landfills operated in conjunctionwith other industrial or commercialoperations when the landfill receiveswastes from public service activities solong as the company owning the landfilldoes not receive a fee or otherremuneration for the disposal service.

EPA has not modified Sector L for thedischarges which are not subject to theELGs. In addition, EPA would like tocall attention to a new EPA publicationentitled ‘‘Guide for Industrial WasteManagement’’ (EPA 530–R–99–001,June, 1999) which provides a usefulinformation resource for permittees incomplying with the MSGP, and inminimizing the impact of landfills to theenvironment overall.

The term ‘‘contaminated storm water’’is defined in the ELGs as ‘‘storm waterwhich comes in direct contact withlandfill wastes, the waste handling andtreatment areas, or landfill wastewater.’’[40 CFR 445.2]. Contaminated stormwater may originate from areas at alandfill including (but not limited to):‘‘the open face of an active landfill withexposed waste (no cover added); theareas around wastewater treatmentoperations; trucks, equipment ormachinery that has been in directcontact with the waste; and wastedumping areas.’’ [40 CFR 445.2].

The term ‘‘non-contaminated stormwater’’ is defined in the ELGs as ‘‘stormwater which does not come in directcontact with landfill wastes, the wastehandling and treatment areas, or landfillwastewater.’’ [40 CFR 445.2]. Non-contaminated storm water includesstorm water which ‘‘flows off the cap,

cover, intermediate cover, daily cover,and/or final cover of the landfill.’’ [40CFR 445.2].

The term ‘‘landfill wastewater’’ isdefined in the ELGs as ‘‘all wastewaterassociated with, or produced by,landfilling activities except for sanitarywastewater, non-contaminated stormwater, contaminated groundwater, andwastewater from recovery pumpingwells. Landfill wastewater includes, butis not limited to, leachate, gas collectioncondensate, drained free liquids,laboratory derived wastewater,contaminated storm water and contactwashwater from washing truck,equipment, and railcar exteriors andsurface areas which have come in directcontact with solid waste at the landfillfacility.’’ [40 CFR 445.2].

The 1995 MSGP authorizeddischarges of storm water associatedwith industrial activity from landfillsincluding contaminated storm waterdischarges as defined in the ELGs aswell as non-contaminated storm water.Today’s final MSGP continues toauthorize storm water associated withindustrial activity; however, forcontaminated storm water discharges asdefined above, today’s MSGP requirescompliance with the promulgated ELGsfor such discharges (with monitoringonce/year during each year of the termof the final MSGP). The ELGs are foundin Table L–1 below:

TABLE L–1—EFFLUENT LIMITATIONSGUIDELINES FOR CONTAMINATEDSTORM WATER DISCHARGES (MG/L)

PollutantMax-

imum for1 Day

Monthlyaverage

maximum

BOD5 ......................... 140 37TSS ............................ 88 27Ammonia .................... 10 4.9Alpha Terpineol .......... 0.033 0.016Benzoic Acid .............. 0.12 0.071p-Cresol ...................... 0.025 0.014Phenol ........................ 0.026 0.015Zinc (Total) ................. 0.20 0.11pH ............................... within the range of

6–9 pH units.

Today’s final MSGP (like the 1995MSGP) does not authorize non-stormwater discharges such as leachate andvehicle and equipment washwater.These and other landfill-generatedwastewaters are subject to the ELGs.Today’s MSGP does, however, continueto authorize the same minor non-stormwater discharges (listed in Part 1.2.2.2)as the 1995 MSGP.



G. Sector S—Air TransportationFacilities

EPA has re-evaluated the provisionsof the 1995 MSGP for industrialfacilities in Sector S to determinewhether these provisions need to beupdated for the reissued MSGP. TheSWPPP requirements of the 1995 MSGPincluded several special BMPrequirements for airports in addition tothe MSGP’s basic BMP requirements.Additional technologies have beendeveloped since the original MSGPissuance for deicing operations whichhave been included in today’s MSGP. Alengthy (but not comprehensive) list ofnew deicing chemical and BMP optionsis provided in Parts 6.S.5.3.6.2 and6.S.5.3.7. More information on theseoptions is found in the EPA publication‘‘Preliminary Data Summary, AirportDeicing Operations’’ (http://www.epa.gov/ost/guide/airport/index.html).

The MSGP–2000 has been clarifiedsuch that compliance evaluations (Part6.S.5.5) shall be conducted during aperiod when deicing activities are likelyto occur (vs. a month when deicingactivities would be atypical or during anextended heat wave), not necessarilyduring an actual storm or when intensedeicing activities are occurring. Thisrequirement is not seen as onerous, asEPA believes that most weatherconditions can be reasonablyanticipated and the evaluation can beplanned for.

In addition, EPA has revised Part6.S.5.4 to reflect that monthlyinspections of deicing areas during thedeicing season (e.g., October throughApril) are now allowed at airports withhighly effective, rigorouslyimplemented SWPPPs. Thisrequirement is a reduction from theprevious MSGP’s weekly requirement.However, if unusually large amounts ofdeicing fluids are being applied, spilledor discharged, weekly inspectionsshould be conducted and the Directormay specifically require such weeklyinspections. In addition, personnel whoparticipate in deicing activities or workin these areas should, as the need arises,inform the monthly inspectors of anyconditions or incidents constituting anenvironmental threat, especially thoseneeding immediate attention.

H. Sector T—Treatment Works

EPA has re-evaluated the provisionsof the 1995 MSGP for industrialfacilities in Sector T to determinewhether these provisions need to beupdated for the reissued MSGP. TheSWPPP requirements of the 1995 MSGPalready include a few special BMP

requirements for this industry inaddition to the MSGP’s basic BMPrequirements. In reviewing theinformation which EPA has available onthis industry, EPA has identified severaladditional areas at treatment worksfacilities which we believe should beconsidered more closely for potentialstorm water controls. As a result, EPAhas included additional or modifiedpermit requirements which we believeare appropriate to include in Sector T.

Today’s MSGP requires that operatorsof Sector T treatment works include thefollowing additional areas or activities,where they are exposed to precipitation,in their SWPPP site map, summary ofpotential pollutant sources, andinspections: grit, screenings and othersolids handling, storage or disposalareas; sludge drying beds; dried sludgepiles; compost piles; septage and/orhauled waste receiving stations. Anadditional BMP that permittees mustconsider is routing storm water into thetreatment works, or covering exposedmaterials from these additional areas oractivities.

I. Sector Y—Rubber, MiscellaneousPlastic Products and MiscellaneousManufacturing Industries

EPA has re-evaluated the provisionsof the 1995 MSGP for industrialfacilities in Sector Y. The 1995 MSGPincluded several special BMPrequirements for rubber manufacturersto control zinc in storm waterdischarges. However, no special BMPsbeyond the MSGP’s basic SWPPPrequirements were included in the 1995MSGP for manufacturers ofmiscellaneous plastic products ormiscellaneous manufacturingindustries.

EPA has several ongoing programsdirected toward identifying additionalpollution prevention opportunities fordifferent industrial sectors. Forexample, EPA’s Office of Compliancehas published ‘‘sector notebooks’’ for anumber of industries, including therubber and miscellaneous plasticsindustry (EPA 310-R–95–016). Thesector notebooks are intended tofacilitate a multi-media analysis ofenvironmental issues associated withdifferent industries and include areview of pollution preventionopportunities for the industries. Asdiscussed below, EPA’s sector notebookfor the rubber and plastic productsindustry identifies a number ofadditional BMPs (beyond those in the1995 MSGP) which could further reducepollutants in storm water dischargesfrom these facilities, and which havebeen included in the reissued MSGP.

1. Rubber Manufacturing Facilities

Today’s MSGP requires that rubbermanufacturing facility permitteesconsider the following additional BMPs(which were selected from those in thesector notebook) for the rubber productcompounding and mixing area:

(1) consider the use of chemicalswhich are purchased in pre-weighed,sealed polyethylene bags. The sectornotebook points out that some facilitiesplace such bags directly into thebanbury mixer, thereby eliminating aformerly dusty operation which couldresult in pollutants in storm waterdischarges.

(2) consider the use of containerswhich can be sealed for materials whichare in use; also consider ensuring anairspace between the container and thecover to minimize ‘‘puffing’’ losseswhen the container is opened.

(3) consider the use of automaticdispensing and weighing equipment.The sector notebook observes that suchequipment minimizes the chances forchemical losses due to spills.

2. Plastic Products ManufacturingFacilities

For plastic products manufacturingfacilities, today’s final MSGP requiresthat permittees consider and include (asappropriate) specific measures in theSWPPP to minimize loss of plastic resinpellets to the environment. Thesemeasures include (at a minimum) spillminimization, prompt and thoroughcleanup of spills, employee education,thorough sweeping, pellet capture anddisposal precautions. Additionalspecific guidance on minimizing losscan be found in the EPA publicationentitled ‘‘Plastic Pellets in the AquaticEnvironment: Sources andRecommendations’’ (EPA 842–B–92–010, December, 1992) and at the websiteof the Society of the Plastics Industry(www.socplas.org).

3. Industry-Sponsored Efforts

Both the rubber manufacturing andplastic products industries are alsoactive in sponsoring studies designed toreduce the environmental impactsassociated with the production, use andultimate disposal of their products.However, in reviewing recent work inthis regard, EPA has not identified anyadditional BMPs for storm waterdischarges which would be appropriatefor the reissued MSGP. Therefore, onlythe additional BMPs noted above areincluded in the reissued MSGP for theseindustries.



IX. Summary of Responses toComments on the Proposed MSGP

EPA received comments from 45individuals in response to the proposedpermit. A summary of the Agency’sresponses to those comments appearsbelow. Responses to each comment isavailable from the Water Docket, whoseaddress and hours of operation arelisted in the introduction to this notice.

Section 1.2 Eligibility

Comment a: One commenterrequested clarification on theresponsibilities military bases, whichresemble small municipalities, havewith regard to non-industrial areas ofthe base. The commenter expressedconcern that examples of co-locatedindustrial activities in Section VI.B.3 ofthe fact sheet and Part 1.2.1.1 of theproposed permit could be interpreted torequire coverage for all vehiclemaintenance activities at a base, eventhose unrelated to an industrial activity.The commenter further noted that basesin urbanized areas would require base-wide storm water management programsanyway as Small Municipal SeparateStorm Sewer Systems under Phase II ofthe Storm Water Program.

Response a: EPA agrees thatmunicipalities and military or othergovernmental installations are onlyresponsible for obtaining permits forstorm water associated with industrialactivity for those portions of theirmunicipality or installations where theyhave a storm water discharge that iscovered under the definition of ‘‘stormwater associated with industrialactivity.’’ Under this interpretation,even though a military base may chooseto submit a single NOI for all industrialactivities on the base, the SWPPP wouldonly need to identify facilities/areasassociated or not associated withindustrial activities and that have aSWPPP covering the industrial activityareas. The SWPPP required under theMSGP would not need to address stormwater controls for the non-industrialareas of the base. A note has been addedto Part 4.1 (Storm Water PollutionPrevention Plans) of the permit toclarify the scope of the SWPPP.

Comment b: The proposed limitationson transfer of storm water dischargesfrom a previous permit to the MSGPcould result in undue restrictions. Thecommenter felt that there could bereasons, e.g., for consistent managementof storm water across a site, etc. thateither the permittee or the permittingauthority would want to address allstorm water at a facility under a generalpermit.

Response b: EPA has reconsidered thePart 1.2.3.3.2 restrictions and Part1.2.3.3.2.1 of the proposed permit hasbeen eliminated. Part 1.2.3.3.2.1 wouldonly have allowed permittees to seekMSGP coverage for storm waterdischarges previously covered byanother permit if that previous permitcontained only storm water and eligiblenon-storm water (i.e., an individualpermit for wastewater, etc. would nolonger be required if coverage under theMSGP was allowed). EPA’s review dididentify some unintended consequencesand unresolved issues that could resultfrom this restriction.

A facility (including new facilities)that never had storm water dischargescovered by an individual permit, orwhich was located where access to amunicipal wastewater treatment plantfor wastewater discharges was available,would have an opportunity for burdenreduction that would not be available toa facility with even cleaner storm waterthat happened to have storm waterdischarges covered in a previous permitand could not eliminate theirwastewater discharges. There could becases were a smaller and ‘‘cleaner’’facility would not be able to takeadvantage of the savings (e.g.,individual permit application samplingis not required) the MSGP offered theircompetitors simply because they had aminor wastewater discharge that couldnot be eliminated.

While the main purpose of theproposed Part 1.2.3.3.2.1 restriction wasto discourage dual permits at a facility,there are already many facilities thathave permit coverage split between anindividual permit and the MSGP anddual permit coverage would still beavailable in many cases anyway.Currently, some of these ‘‘dual permit’’facilities have only wastewater under anindividual permit and all their stormwater discharges under the MSGP,while at others, the individualwastewater permit includes some of thestorm water discharges, with theremaining storm water dischargescovered by the MSGP. This ability tohave split coverage in at least somesituations is necessary to addresssituations where at least interimcoverage under a general permit for anew storm water discharge is necessaryor desirable from either the permittee’sor the permitting authority’s standpoint.

EPA has determined that theproposed restrictions in Part 1.2.3.3.2relating to discharges for which a waterquality-based limit had been developedand discharges at a facility for which apermit had been (or was in the processof being) either denied or revoked by thepermitting authority were necessary to

address the anti-backslidingrequirements of the Clean Water Act orto ensure that discharges from a facilityrequiring the additional scrutiny of anindividual permit application were notinadvertently allowed under the generalpermit. In any event, only those stormwater discharges under the previouspermit that met all other eligibilityconditions of the MSGP could even beconsidered for transfer.

EPA periodically promulgates neweffluent limitation guidelines, some ofwhich, such as the those for landfillspublished February 2, 2000, containstorm water effluent limitationguidelines. Under Part 1.2.2.1.3 of theMSGP, a storm water discharge subjectto a promulgated effluent limitationguideline is only eligible for coverage ifthat guideline is listed in Table 1–2. Anew guideline promulgated during theterm of the permit would thus alter theeligibility for the permit not only fornew dischargers, but also for dischargesalready covered by the permit. In orderto avoid the situation where a dischargewould suddenly become ineligible uponpromulgation of a new guideline, Part1.2.2.1.3 has been modified to allowinterim coverage under the permitwhere a storm water effluent guidelinehas been promulgated after the effectivedate of the permit, but the permit hasnot yet been modified to include thenew guideline. This will allowcontinued coverage until the new stormwater guideline could be added to thepermit. Where the new guidelineincludes new source performancestandards, ‘‘new sources’’ would need tocomply with Part 1.2.4 prior to seekingpermit coverage.

Section 1.4 Terminating CoverageComment: (Comment also addresses

Section 11.1 Transfer of PermitCoverage) Several commenters viewedthe submittal of an NOT by the oldoperator and the submittal of an NOI bythe new operator in order to transferpermit coverage after a change inownership as a new and overlyburdensome requirement (Parts 1.4 and11.1). An alternative suggested was asimple notice to the permit file of theownership change.

Response: EPA has determined thatthe most effective method foraccommodating and tracking a changein the owner/operator at a facilitycovered by the general permit is to havethe old operator submit a Notice ofTermination certifying that they are nolonger the operator of the facility, andfor the new operator to submit a Noticeof Intent certifying their desire andeligibility to be covered by the generalpermit. In fact, this is not a new



requirement since the same process wasrequired under the 1995 MSGP (see PartII.A.4 and Part XI.A at 60 FR 51113 and51122, respectively). The only ‘‘new’’aspect of the process is the 30 daytimeframe for submittal of the NOT bythe old operator and a clarification thatsimple name changes in a particularcompany (e.g., Jones IndustrialManufacturing, Co. changing to JIMCO)can be made with a simple update to thecompany’s NOI and a NOT would notbe required. Submittal of the NOT bythe old operator documents that the oldoperator believes he no longer needscoverage under the MSGP for any stormwater discharges. In addition, EPA ismore able to maintain a cleaner databaseof facilities actually covered by thepermit both currently and in the past.The NOI/NOT process for transfersunder the general permit is thusessentially a streamlined parallelprocess to what would otherwise berequired under 40 CFR 122.61.

The permit transfer procedures at 40CFR 122.61 are designed to avoid thetime delays and resource burdensassociated with issuance of a newpermit for a facility just because there isa new owner/operator. Under thisprocess, transfer of the permit to thenew owner/operator cannot be madewithout an actual permit modification (alengthy process especially for generalpermits), unless the old operatorsubmits a thirty day advance notice anda written agreement between the partiescontaining a specific date for transfer ofpermit responsibility, coverage, andliability between them.

The nature of a general permit is suchthat there is no actual permit issued toany individual facility, but rather thatmultiple dischargers are in effect‘‘registering’’ their intent to use thedischarge authority offered by thegeneral permit to anyone who iseligible. This ‘‘registration’’ isaccomplished by an operator’s submittalof the Notice of Intent to be covered bythe general permit as little as two daysbefore they need permit coverage. Infact, regulations at 40 CFR 122.28(b)(2)specifically require submittal of an NOIin order for an operator to be authorizedunder a general permit for discharges ofstorm water associated with industrialactivity. EPA thus views therequirements for the new operator to filean NOI as little as two days prior to thetransfer and for the old operator to filean NOT within thirty days after thetransfer to be less burdensome than thethirty day advance notice and writtenagreements that would otherwise berequired under the permit transferrequirements of 40 CFR 122.61.

Section 1.5 Conditional Exclusion forNo Exposure

Comment: EPA should insert the NoExposure Certification form andguidance within the permit since manyfacility operators are unaware of itsexistence.

Response: EPA has generated adocument, ‘‘Guidance Manual forConditional Exclusion from StormWater Permitting Based on ‘‘NoExposure’’ of Industrial Activities toStorm Water,’’ and a separate noexposure announcement to helpoperators understand and apply for theconditional permitting exclusion. Theguidance is available in hard copy fromEPA’s Water Resource Center. Inaddition, EPA also sent a mass mailingalerting all EPA permittees as well asstakeholder groups to the MSGP–2000and the no exposure exclusion. Toprovide the No Exposure Certification inas many possible places, EPA ispublishing the form and instructions asan addendum to the MSGP–2000.

Section 2.1 Notice of Intent (NOI)Deadlines

Comment: Commenters requested anextension of the 90 day timeframe forsubmission of their NOI to 270 days.Commenters said they needed theadditional time to complete their StormWater Pollution Prevention Plan(SWPPP), application for an alternatepermit, or their endangered speciesconsultation or adverse impactinvestigation. A commenter alsorequested clarification of coverageduring the 90 days between thispublication and their submission oftheir NOI.

Response: The fact sheet clarifies thatSWPPPs are to be prepared at the timethe NOI is submitted. Since mostpermittees are already covered underthe current MSGP and have arequirement to update their SWPPP asthe need arises, there is no basis for anautomatic extension to 270 days.However, facilities may seek anextension up to 270 days to developtheir SWPPP, or to obtain an alternatepermit, on a case-by-case basis.Similarly, facilities can request anextension up to 270 days if they need toconduct an endangered speciesconsultation or adverse impactinvestigation. Permittees covered underthe current MSGP will continue to becovered during the next 90 days as longas they meet the conditions set forth inthe 1995 MSGP.

Section 2.2 Contents of Notice ofIntent (NOI)

Comment a: Clarify how to completethe NOI form in situations where an

MS4 has industrial activities and isconveying the pollutants to its ownstorm drainage system.

Response a: The intent of Section2.2.2.5 was to identify the municipalseparate storm sewer system under theassumption that it would be underdifferent ownership. If there is not aseparate owner, this requirement isunnecessary. This section has beenrevised to clarify ‘‘the name of themunicipal operator if the discharge isthrough a municipal separate stormsewer system under separateownership.’’

Comment b: A commenter questionedwhether EPA was requiring orencouraging permittees to consult FWSand NMFS in making its endangeredspecies finding.

Response b: The facility is responsiblefor obtaining the threatened orendangered species list to make surethat listed specie or critical habitat isnot located in or around the vicinity ofyour facility. That list may be obtainedby phoning or mailing the FWS orNMFS, visiting EPA’s website, or bysome other means. Thus, the permitteeis not required to contact the twoagencies if he can meet his obligation inanother manner.

Comment c: Do not include latitude/longitude information on the NOI.

Response c: EPA requires all regulatedfacilities to submit latitude andlongitude information. The informationis critical in overseeing compliance withendangered species assessments andcoordinating compliance assistance andenforcement activities across mediaprograms.

Section 2.3 Use of NOI FormComment a: Do not add check boxes

related to NHPA and ESA compliance.Response a: EPA believes the

additional information improves theAgency’s ability to overseeimplementation of the permit andcompliance with ESA and NHPArequirements. Because the permittee isalready responsible for conducting theanalysis, there is minimal additionalburden associated with indicating onthe NOI form how the analysis wasconducted. Therefore, EPA intends toretain this requirement. The NOI formrequires review by the Office ofManagement and Budget. Until the newform is approved, permittees should usethe current form. EPA’s ability to issuetoday’s permit is contingent upon itscompliance with ESA and NHPA; thus,provisions related to those statutes ispart and parcel of today’s permittingaction.

Comment b: Commenters supportedEPA’s proposal to allow facilities to



submit NOIs, notices of termination,and discharge monitoring reportselectronically. However, they cautionedthat EPA continue to allow hard copyfiling since not all permittees haveinternet access.

Response b: The final permit retainsthe requirement of paper filing for NOIs,NOTs, and DMRs. While EPA believesthat electronic filing will beincorporated as an option in the future,it is currently not available.

Section 3.3 Compliance with WaterQuality Standards

NPDES regulations at 40 CFR122.44(d)(1)(i) require that the MSGPensure compliance with State waterquality standards for all dischargeswhich ‘‘will cause, have the reasonablepotential to cause, or contribute’’ to anexceedance of a State standard. With thewide variety of facilities to be permittedunder the MSGP, EPA believes thatreasonable potential to cause orcontribute to exceedances of waterquality standards is likely to exist atleast for some facilities. Therefore theMSGP must include appropriateprovisions to ensure compliance withState standards. For general permits,EPA’s guidance document entitled‘‘General Permit Program Guidance’’(February, 1988) suggests an overallnarrative statement requiringcompliance with State standards toaddress the fact that the permit willcover a wide variety of facilities subjectto different standards depending ontheir location. Part 3.3 of the proposedMSGP included a narrative statement inaccordance with this guidance to ensurecompliance with 40 CFR 122.44(d)(1)(i).Part 1.2.3.5 of the proposed MSGP alsoincluded an exclusion from permitcoverage for facilities which EPA hasdetermined may cause or contribute toviolations of State standards.Commenters raised a number ofconcerns regarding the provisions of theproposed MSGP related to compliancewith State standards. However, afterreview of the comments, EPA believesthat the provisions of the proposedMSGP were appropriate and theseprovisions have been retained in thefinal MSGP. Following below are EPAresponses to the specific issues raisedby the commenters:

Lack of Coverage for Facilities WithReasonable Potential

Comment a: A commenter waspuzzled by the exclusion from coveragein Part 1.2.3.5 of the proposed MSGPand requested additional explanation.

Response a: EPA believes thatfacilities which are shown to cause, orhave the reasonable potential to cause orcontribute to exceedances of State

standards may be more appropriatelypermitted under individual permits or aseparate general permit with alternatepermit requirements designed to ensurecompliance with State standards. This isthe basis for the exclusion. Part 1.2.3.5also provides, however, that MSGPcoverage may be available if the controlmeasures in the storm water pollutionprevention plan (SWPPP) are sufficientto ensure compliance with Statestandards.

Comment b: Part 1.2.3.5 of theproposed MSGP could proveburdensome and could lead to permitbacklogs depending on the extent of itsuse.

Response b: Given the large number offacilities covered by the MSGP, it is notpractical for EPA to individually reviewthe status of all facilities covered by theMSGP prior to submittal of the NOI.EPA has developed eligibility criteriafor coverage under the MSGP–2000which should, if applied appropriatelyby the facility operator, screen outfacilities which have ‘‘reasonablepotential’’ to exceed a state standard. Inaddition, where EPA determines there isa ‘‘reasonable potential,’’ the Directorwill require the facility to submit anindividual permit or take otherappropriate action.

Comment c: MSGP coverage shouldnot be allowed until the absence ofreasonable potential had beendemonstrated by the discharger.

Response c: As noted above, EPA doesnot believe this is practical for allfacilities given the large number ofdischargers covered by the permit.Moreover, as discussed in EPA’s‘‘Interim Permitting Policy for WaterQuality-Based Effluent Limitations inStorm Water Permits’’ (61 FR 43761,November 26, 1996), there will likely becircumstances where inadequateinformation is available to perform thereasonable potential analysis.

Are Discharges with ReasonablePotential a Permit Violation?

Comment d: Several commentersobjected to Part 3.3 of the proposedMSGP which indicated that dischargeswhich have occurred would beviolations of the MSGP if they are latershown to have the reasonable potentialto cause or contribute to exceedances ofState standards.

Response d: EPA believes that suchdischarges are appropriatelycharacterized by the MSGP asviolations. The narrative statement inthe MSGP requiring compliance withwater quality standards in effectincorporates into the permit all numericeffluent limitations which are necessaryto ensure compliance with State

standards. When a discharge is shownto have reasonable potential, thisimplies that discharges are occurringwhich would exceed the permit limitsneeded to ensure compliance with Statestandards. Since the narrative statementincorporates all limits needed to ensurecompliance with State standards, thedischarges are appropriatelycharacterized as violations of thepermit.

Process for Terminating Coverage Underthe MSGP

Comment e: Several commentersexpressed concern regarding the processfor terminating coverage under theMSGP and ensuring due process fordischargers to contest such actions byEPA.

Response e: EPA believes that theMSGP does ensure due process fordischargers. Part 9.12 of the MSGPprovides that EPA may require anindividual permit application from adischarger, or require the discharger toseek coverage under an alternate generalpermit. If an individual permitapplication were required, a draftpermit would be prepared and a fullopportunity would be provided to thedischarger in accordance with 40 CFRPart 124 to comment on the draft permitand contest any final determination.Further, any alternate general permitwould provide (in accordance with 40CFR 122.28(b)(3)(iii)) that the dischargercould seek coverage under an individualpermit rather than the alternate generalpermit. Such a request would also beprocessed in accordance with theprocedures at 40 CFR Part 124.

Comment f: A number of commentersalso asked whether a notice of violationof Part 3.3 of the MSGP for violations ofState water quality standards would bein writing.

Response f: Dischargers would benotified in writing by EPA of anyviolation of Part 3.3.

Permit as a Shield ConcernsComment g: Section 402(k) of the

Clean Water Act shields permittees fromthe requirements of Part 3.3 of theMSGP to comply with water qualitystandards.

Response g: EPA disagrees with thecommenters on this matter. Section402(k) provides that compliance with anNPDES permit is considered to becompliance, for purposes of section 309and 505 enforcement, with sections 301,302, 306, 307 and 403 of the CleanWater Act. However, the violationswhich are envisioned by Part 3.3 of theMSGP would be violations of an NPDESpermit itself, i.e., the water quality-based effluent limitations which are



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

Concerns about Applying State WaterQuality Standards to Storm Water

Comment h: Water quality standardscannot apply to storm water dischargessince special wet weather standardshave not been developed to addressepisodic events.

Response h: EPA disagrees that Statewater quality standards cannot apply inthe absence of special wet weatherstandards. Section 402(p)(3)(A) of theClean Water Act specifically requiresthat industrial storm water dischargerscomply with State water qualitystandards. EPA has recognized,however, the difficulties in developingappropriate water quality-based effluentlimitations for storm water discharges.In response to concerns such as thoseraised by the commenter, EPA hasdeveloped an ‘‘Interim Permitting Policyfor Water Quality-Based EffluentLimitations in Storm Water Permits’ (61FR 43761, November 26, 1996). Wherenumeric water quality-based effluentlimitations are infeasible (due forexample to inadequate information onwhich to base the limitations), bestmanagement practices (BMPs) such asthose in the SWPPP would serve as thewater quality-based effluent limitations.

Comment i: Clarify whether mixingzones would apply to the storm waterdischarges.

Response i: Mixing zones wouldapply to the extent that State waterquality standards provide for their use.

Required Actions if Violations ofStandards Occur

Comment j: A commenter was unclearconcerning the modifications of theSWPPP that would be required by Part3.3 of the MSGP if violations of Statewater quality standards occur.

Response j: The SWPPP must bemodified to include additional BMPs tothe extent necessary to prevent futureviolations.

Comment k: Clarify who woulddetermine the additional controlmeasures that would be required by Part3.3 of the MSGP.

Response k: The discharger would atleast initially be responsible fordetermining the additional controlmeasures. However, Part 4.10 of theMSGP also provides that EPA mayrequire modifications of the SWPPP if itproves to be inadequate.

Can a Reasonable Potential AnalysisOccur at Any Time During the PermitTerm?

Comment l: Part 3.3 of the MSGPshould not require a reasonablepotential analysis at any time during theterm of the permit.

Response l: The information tosupport a reasonable potentialdetermination would be based onadditional information that becomesavailable concerning a particulardischarge (from monitoring results, forexample). As such, the permitappropriately provides that a reasonablepotential analysis (possibly leading toan individual permit or separate generalpermit) may be required at such a time.

Comment m: Discharges of a pollutantwhich increase during the term of thepermit should not be considered apermit violation.

Response m: EPA disagrees with thecommenter on this issue. The narrativestatement in Part 3.3 of the MSGPrequires that dischargers comply withall State water quality standardsthroughout the term of the permit.Dischargers must ensure that, if thereare increases in the discharges of aparticular pollutant, the increases arenot sufficient to cause or contribute toexceedances of water quality standards.

Questions Regarding the BenchmarkConcentrations

Comment n: Part 3.3 of the proposedMSGP would undermine EPA’s use ofthe benchmark values in the MSGP.

Response n: EPA disagrees with thecommenters in this regard. Thebenchmark values are concentrationswhich are used to evaluate whether agenerally effective SWPPP is beingimplemented. The SWPPP is required toensure compliance with the technology-based discharge requirements of theClean Water Act. Exceedance of abenchmark value is not a permitviolation. However, if a permitteecomplies with the benchmarks, thepermittee is eligible for the monitoringwaiver in year 4 of the term of thepermit and this provides an incentive toimplement an effective SWPPP. Part 3.3of the MSGP is required to ensurecompliance with the water quality-based requirements of the Clean WaterAct, which are in addition to thetechnology-based requirements. Part 3.3of the MSGP does not undermine thebenchmarks. Part 3.3 is simply aseparate requirement of the Clean WaterAct which must be included in thepermit in addition to the technology-based requirements.

General Comment on Water QualityStandards Requirements

Comment o: One commenter lodged ageneral objection to Part 3.3 of theproposed MSGP, but did not elaborateon specific concerns.

Response o: As discussed above, EPAbelieves that Part 3.3 is appropriate andnecessary to ensure compliance withState water quality standards. As such,Part 3.3 was retained in the final MSGP.

Section 4.1 Storm Water PollutionPrevention Plan (SWPPP) Requirements

Comment a: EPA should not measureprogress solely on the number of BMPsapplied.

Response a: As stated, EPA’sintention in requiring thecomprehensive site complianceevaluation is to determine theeffectiveness of BMPs in use at the site,and to assess compliance with the termsand conditions of the permit. Additionalnew BMPs are not prescribed as part ofthis requirement; the options to includeBMPs to replace those which are notworking appropriately, or to augmentexisting BMPs to ensure betterperformance, rests solely with thefacility operator, based on the findingsof the compliance evaluation.

Comment b: Clarify the frequency oftraining required.

Response b: Some industrial sectorscovered by this permit are required toprovide training at least once per year.In other sectors, it is left to thediscretion of the operator. EPA’s factsheet recommends that facilitiesconduct employee training annually at aminimum, and acknowledges that, forsome facilities, a more frequent trainingschedule may be appropriate to ensurethat personnel at all levels ofresponsibility are informed of thecomponents and goals of the site’sSWPPP.

Comment c: Clarify the term ‘‘locallyavailable.’’

Response c: EPA intends the term‘‘locally available’’ to mean a facilityoffice which need not actually belocated on-site, but co-located withother facility operations. It is notnecessary for a permittee to maintain alocal presence near an unstaffed site forthe purposes of maintaining availabilityof the SWPPP.

Comment d: Fourteen days is anunrealistic timeframe for modifying aSWPPP in response to a discharge of areportable quantity of oil.

Response d: EPA does not considerthe requirement to revise the SWPPPwithin 14 days after a discharge of areportable quantity of oil to beunrealistic. Changes to accommodate a



description of the release, date andcircumstances of the release, as well asa description of the actions taken toaddress the problem and any necessarychanges to the BMPs to prevent futurereleases are inherently necessary toprevent water quality degradation.

Comment e: It is standard practice tokeep a copy of their SWPPPs with theirpermit and, therefore, there is noobjection to this requirement.

Response e: EPA acknowledges thatmany industrial facilities already keep acopy of the storm water permit withtheir SWPPP, and the Agency isformalizing that practice as arequirement of the permit for allfacilities.

Section 4.2 Contents of PlanComment a: A commenter believed

EPA was requiring velocity dissipationdevices to minimize erosion due to flowvelocity.

Response a: EPA’s intention is torequire facilities to evaluate the need forvelocity dissipation devices where it isnecessary to minimize erosion due toflow velocity. Facilities should use theirbest judgment when considering ifvelocity dissipation devices are needed.The language in the permit has beenclarified.

Comment b: Specify a set of minimummanagement practices for coverageunder the permit.

Response b: Due to the variety ofindustries covered by the Multi-SectorGeneral Permit, there is no ‘‘minimum’’list of best management practices thatwould suitably address the multiplesituations found at different industrialsites. EPA considers it sufficient tooutline minimum criteria that eachfacility operator must consider tominimize discharges from theirproperty, and allow facility operators toidentify and implement BMPs that areappropriate for their site.

Comment c: Do not require theSWPPP to identify oil spills or leaksbelow reportable quantities. Only thosesites that have not been cleaned up toappropriate levels should be included inthe site description and shown on thesite map.

Comment d: EPA has not changed thebasic intent of this permit requirement:a facility must keep a record ofsignificant spills or leaks of bothhazardous substances or oil and, forreleases in excess of reportablequantities under 40 CFR Parts 117 or302, revise its pollution prevention planas necessary to prevent the reoccurrenceof such releases. A spill or leak may notmeet the threshold of a ‘‘reportablequantity’’ but may still be sufficientlysignificant to cause water quality

impairment, and therefore should beacknowledged and mitigated by thepermittee. EPA does not intend that‘‘reportable quantity’’ defines theminimum amount of a substance whichshould be appropriately managed. Inregards to including previous spill and/or leak areas in the site map andassociated descriptions, the Agencyviews the inclusion of all areas wherespills have occurred over the last threeyears from the date of NOI submittal asimportant information which may beuseful in assessing future risks.

Comment d: The provisionprohibiting discharge of ‘‘solidmaterials’’ is too broad and should beeliminated.

Response d: EPA intends thereference to ‘‘solid materials, includingfloating debris’’ and ‘‘Off-site tracking ofraw, final, or waste materials orsediment, and the generation of dust’’ ashaving the generally accepted plainlanguage meanings, and that facilityoperators should use their bestprofessional judgment in applying thisrequirement to their discharge. Thereference is not necessarily meant toapply in particular to suspended soil.EPA has purposefully allowed forreasonable flexibility in allowing eachfacility to determine whether ‘‘solidmaterials,’’ ‘‘floating debris’’ and/or‘‘dust’’ are a component of their stormwater discharge. The Agencyacknowledges that many areas havestate or local ordinances prohibiting theoff-site tracking and generation of dust;therefore, this requirement does notpose a hardship on facility operators.While not prohibiting the discharge ofwaters containing soils, the permit stillrequires that discharges must complywith state/local water quality standards.

Comment e: The requirement for‘‘routine inspections’’ and ‘‘records ofinspections’’ are too broad.

Response e: EPA acknowledges thatmost industrial facilities conductregular inspections of plant conditions.As discussed in Part 4.2.7.1.5 of thepermit, facility operators must explicitlyoutline in the SWPPP the frequency ofregular inspections at their facilitywhich will incorporate inspections ofindustrial activities or materials that areexposed to storm water. Records ofthese specific storm water inspections,along with records of any followupactions taken as a result of theseinspections, must be kept with theSWPPP. This facility-specific scheduleof periodic inspections is what EPA isreferring to as ‘‘routine facilityinspections.’’

Comment f: An evaluation ofgroundwater impacts or concerns is

beyond the scope of a stormwaterpollution prevention plan.

Response f: In some cases,groundwater beneath a facility may behydrologically connected to surfacewaters. EPA’s intent for including anevaluation of impacts to groundwaterwhen considering appropriate BMPs isto ensure that facility operators are fullycognizant of the hydrology of their area,and have evaluated any appropriateBMPs in the event that such a situationexists for their property. If there are nopossible impacts to groundwater, thisfact should be acknowledged in theSWPPP.

Section 4.4 Non-Storm WaterDischarges

Comment a: Include swimming pooldischarges as an allowable storm waterdischarge.

Response a: EPA does not includeswimming pool discharge as anallowable non-storm water discharge inthe Multi-Sector General Permit, as thisis a general permit to cover storm waterdischarges from industrial activity. TheAgency is unclear as to how manyindustrial facilities have swimmingpools that would necessitate thisspecific exemption. The inclusion ofnonchlorinated swimming pooldischarges as an allowable non-stormwater discharge will be better suited tothe upcoming EPA Small MultipleSeparate Storm Sewer General Permit,which will be available by December2002.

Comment b: The permit should allowfor case-by-case determinations forinclusion of de minimus nonstormwater sources.

Response b: By its very nature, ageneral permit is meant to cover manysimilar discharges from a variety ofsimilar sources. Case-by-casedeterminations for de minimus non-stormwater discharges would beextremely time-intensive, and it is notpossible to provide for such individualdeterminations in the context of ageneral permit. Specific examples of deminimus discharges were not providedby the commenter; therefore, the Agencyis not inclined to include such aprovision at this time.

Comment c: Delete ‘‘drinking fountainwater:’’ from Section 1.2.2.2.3 and citeonly ‘‘potable water including waterline flushings.’’

Response c: EPA agrees with theissues presented by the commenter, andthat the term ‘‘drinking fountain water,’’in itself, is imprecise. Both the draftMSGP fact sheet and permit specificallyauthorize potable water as an allowablenon-storm water discharge. The



‘‘drinking fountain water’’ language hasbeen deleted.

Section 4.7 Copy of PermitRequirements

Comment: Recommend electronicwebsite access in lieu of paper copy ofpermit.

Response: The new requirement thata hard copy of the Multi-Sector GeneralPermit be kept with a facility’s StormWater Pollution Prevention Plan isintended to ensure that the permitrequirements are easily and readilyavailable to all facility staff who are ormay be responsible for implementingthe provisions of the permit. Internetaccess may not be available to staff inall situations; therefore, for ease ofreference, EPA is requiring that at leastone copy of the permit be retained alongwith the SWPPP. The sections referringto EPA’s acceptance of the electronicmedium is contingent, in both casescited by the commenter, upon the futureviability of electronic submittal of NOIsand DMRs to the Agency.

Section 4.9 TimelineComment a: The fact sheet and permit

need to provide consistent timeframesfor SWPPP revisions.

Response a: The fact sheet and permitlanguage were consistent on revising theSWPPP within 14 days of the siteevaluation, but were somewhatconfusing on how long the permitteehad to implement the revisions. Toclarify this time period, EPA has revisedPart 4.9.3 of the permit to state: ‘‘Ifexisting BMPs need to be modified or ifadditional BMPs are necessary,implementation must be completedbefore the next anticipated storm event,or not more than 12 weeks aftercompletion of the comprehensive siteevaluation.’’

Comment b: Thirty days to correctdeficiencies in the SWPPP followingnotification by the Director isinsufficient.

Response b: EPA intends forcorrections to the Storm Water PollutionPrevention Plan to be accomplished ina timely manner, particularly whendeficiencies are identified formally bythe Director. The Agency feels thatthirty days, as outlined in the existingpermit language, is a reasonable amountof time for such changes to be made; ifrevisions are significant, the permitteemay request, and the Director canprovide, additional time for revisions tobe accomplished.

Comment c: Fourteen days to modifya SWPPP is insufficient.

Response c: The Agency feels thatrevising the Storm Water PollutionPrevention Plan appropriately to

address deficiencies within 14 days is areasonable timeframe in which toaddress changes administratively;additional time is provided to actuallyput those revisions into place.

Comment d: The SWPPP must becompleted and in place prior toissuance of the permit.

Response d: Part 4.1 of the permitstates that a SWPPP must be preparedfor the facility before submitting aNotice of Intent for permit coverage.EPA’s issuance of the MSGP–2000 doesnot automatically confer coverage topermittees; therefore, EPA feels therequirement that a site-specific SWPPPbe in place for the facility operationsprior to seeking coverage by way of thesubmittal of a NOI is sufficient toprevent environmental degradation.

Section 4.12 Additional Requirement:EPCRA Section 313 Reporting

Comment: Many commenterssupported removal of EPCRA Section313 reporting requirements from thepermit. Two commenters objected toidentifying areas with pollutants thatmust be reported under EPCRA Section313 and to develop appropriate stormwater controls for these areas.

Response: EPA acknowledges thegeneral support for revisions to thissection. The intent of thesemodifications is to eliminate theredundant requirements of the existingMSGP for permittees subject toreporting requirements under Section313 of EPCRA, which includes the 20+categories of Toxic Release Inventorychemicals. The Agency believes that theMSGP–2000 places no additionalburden on facility operators with TRIchemicals. Identification of EPCRA 313chemicals in the SWPPP acknowledgesthat these chemicals are pollutants ofconcern. Facilities with any of thesepollutants need to develop appropriatestorm water controls to contain them.As noted in the fact sheet, EPA believesthese concerns have been addressedthrough existing state and federalrequirements which can be referencedin the SWPPP.

Section 4.13 Public Availability forReview

Comment a: The public should beable to obtain access to and commentupon a SWPPP and ‘‘no exposure’’claim before they are finalized.

Response a: EPA has, in response tothis comment, included a provision inthe final permit requiring facilityoperators to make a hard copy of theirSWPPP available to the public whenrequested in writing. EPA believes thisrequirement is an acceptablecompromise between the facility

operator’s concerns about havingmembers of the public at their site andthe need of the public to understandpotential impacts on their environment.EPA does not receive SWPPPs routinely,and, therefore, cannot make themavailable at its offices or provide themto local government offices. As with theprevious MSGP, members of the publichave the option of contacting the NOICenter or the Regional EPA Storm WaterCoordinators directly to inquire about afacility’s permit status.

EPA does not intend to require publiccomment on SWPPPs, nor requirepublic hearings, because SWPPPs areintended to be modified as necessary toaddress changes at the facility or whenperiodic inspections indicate that aportion of the SWPPP is proving to beineffective. Requirements for publiccomment and public hearings woulddelay needed modifications to, not tomention development of, the SWPPP, beburdensome and serve as disincentivesto plan updates.

At any time the Agency can concludethat a facility is no longer eligible forcoverage under a general permit andrequire the facility to apply for a generalpermit. In that event, there would besignificant opportunity for public inputin the decision-making process.

Comment b: The following should beavailable in paper copy and on the web:NOI, SWPPP, and ‘‘no exposure’’certification.

Response b: EPA has found thathaving a central location for processingNOIs is an efficient and effective way ofmanaging the tremendous amount ofdata which the Storm Water programgenerates. Very shortly, members of thepublic will be able to access informationfrom the NOI database online. The NOIdatabase contains facility information,including the type of industrial activitytaking place, facility contactinformation, and receiving water bodyinformation. Also available online willbe information on facilities that havesubmitted ‘‘no exposure certifications.’’Regarding SWPPPs, EPA does notreceive them routinely and, therefore,cannot make them available on-line.EPA has, in response to this comment,included a provision in the final permitrequiring facility operators to make ahard copy of their SWPPP available tothe public when requested in writing.EPA believes this requirement is anacceptable compromise between thefacility operator’s concerns about havingmembers of the public at their site andthe need of the public to understandpotential impacts on their environment.



Section 5.1 Types of MonitoringRequirements and Limitations

Comment a: A commenter requestedlanguage clarification for the firstparagraph under Part 5.1, QuarterlyVisual Monitoring.

Response a: Quarterly visualmonitoring is required for all permitteescovered under the MSGP. The visualinspection must cover all outfalls at thefacility from which there are stormwater discharges associated withindustrial activity.

Comment b: A commenter indicatedthat Part 5.1.1.4 was clear regarding thevisual monitoring waiver for inactiveand unstaffed sites. However, it wasunclear if a similar waiver forbenchmark monitoring applies toinactive and unstaffed sites.

Response b: EPA has clarified in Part5 that a permittee may exercise a waiverfor benchmark monitoring at unstaffedand inactive sites.

Section 5.3 General MonitoringWaivers

Comment a: Commenters supportedthe adverse sampling condition waiver,as long as the permittee doublessampling during the next event oreliminates the substitute samplingrequirement for areas with extendedfrozen conditions.

Response a: EPA has decided to keepthis temporary waiver, since the mainpurpose of this specific waiver is toallow the permittees the opportunity totake samples under no adverse northreatening weather conditions.

Comment b: Allow permittees towaive benchmark monitoring in years 2and 4 of the MSGP–2000 with the resultof the 1995–MSGP; waive difficultlogistical conditions or location accesssimilar to those for unstaffed/inactivefacilities; and impractical samplecollection at large facilities.

Response b: Under Section 402 of theCWA, EPA is required to issue permitswhich apply and ensure compliancewith any applicable requirements ofsections 301, 302, 306, 307, and 403.Since these permits are issued withfixed terms not exceeding five (5) years,EPA needs to ensure that permitteescontinue to comply with applicablerequirements. EPA believes thatbenchmark monitoring is not overlyburdensome and provides usefulinformation to the permittee and theAgency. Therefore, EPA will requirepermittees covered under the reissuedMSGP to ensure continued compliancewith permit conditions andrequirements. In addition, EPA hasdetermined that the general monitoringwaivers provided in the previous permit

are adequate, and that additionalwaivers are not needed. With regard toproblems facilities encounter whenmonitoring their storm water discharges,such as difficult logistical conditions,access to discharge locations orimpractical sample collection at largefacilities, EPA recommends permitteesreview the ‘‘NPDES Storm WaterSampling Guidance Document’’ whichsuggest solutions to these samplingproblems.

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

Comment a: Separate the concretepipe manufacturing from the cement,ready mixed and concrete blockmanufacturing sector.

Response a: Based on thecharacterization of the concrete pipemanufacturing industry and the cement,ready mixed and concrete blockmanufacturing industry, EPA hasdetermined that the two industries aresimilar and, thus, has retained theindustrial sectors as described in the1995 permit.

Comment b: Section 6.E.3.1 of thedraft permit was not reflective of theSeptember 30, 1998 modification.

Response b: The commenter iscorrect. The final permit has beenchanged to reflect the September 30,1998 modification which removed thelimitations of coverage for variousindustries. Paragraph 6.E.3 has beenremoved and the remaining paragraphshave been renumbered accordingly.

Section 6.F Sector F—Primary MetalsComment a: Do not propose any new

BMPs for the steel industry in theMSGP–2000.

Response a: Similarly to the 1995MSGP, the MSGP–2000 prefers theimplementation of structural and non-structural BMPs for stormwatermanagement from Primary Metalsfacilities. It is up to the individualoperators to decide which BMPs mosteffectively meet their needs. This doesnot preclude the use of additional ornew technologies should they be foundto be more effective in any givenapplication.

Comment b: The BMPs provided atParts 6.F.3.2 and 6.F.3.3 omit the mostobvious qualifier, which is thatinventories of exposed material andhousekeeping should be mandated bythe MSGP only where the exposedmaterials have a potential to contactstorm water that is discharged from apoint source to a water of the UnitedStates. In many cases, the types ofmaterials and activities discussed in theabove referenced parts occur in areaswhere precipitation is collected and

contained, and is not discharged. Thus,site inventories and BAT practicesdiscussed in these parts are not relevantexcept in areas where they affect stormwater discharges authorized by theMSGP. Parts 6.F.3.2 and 6.F.3.3 shouldbe clarified (similarly to Part 6.F.3.1)with a statement that these activities arerequired only in areas where suchactivities could result in a discharge ofpollutants to waters of the UnitedStates.

Response b: One of the underlyingpremises of the MSGP is that if there isa potential for contact between stormwater and environmental contaminants,then the facility should apply forcoverage under the MSGP. If there is nopotential for contact, the facility may beable to submit a ‘‘no exposure’’certification form, and not be requiredto obtain permit coverage. Where thereis a potential for contact between stormwater and industrial activities and/ormaterials, then the operator needs toobtain permit coverage and takeappropriate measures to mitigate thedischarge of pollutants.

Comment c: Part 6.F.3.4 includes arequirement for inspections performedunder the 2000–MSGP to, among otherthings, evaluate air pollution controlequipment. This activity does notbelong under the MSGP. It is a Clean AirAct requirement and an activityperformed under each facility’s CleanAir Act permit. Such inspections underthe MSGP are redundant, inappropriateand extend EPA’s CWA authority intothe CAA. Inspections of air pollutioncontrol equipment should not be acomponent of any SWPPP orcompliance certification under theCWA.

Response c: EPA understands whyinspection requirements whichroutinely fall under the purview of oneenvironmental program (in this case theAir Program) would appearinappropriate under anotherenvironmental program (in this case theWater Program). However, if one looksat the potential sources of pollution atprimary metals facilities, one will soondiscover that one of the principalsources of contamination is from the airpollution control devices. The purposeof the storm water regulations is to keepstorm water from coming into contactwith any contaminants, regardless of theenvironmental media from which itarose. If inspections are routinelyconducted at a facility pursuant to oneenvironmental statute, that sameinspection will generally be accepted byanother program. For example, if thefacility routinely inspects its airpollution control devices as arequirement of its CAA permit, that



same inspection, with the possibility ofa few additional observations, e.g., tosee if there is any evidence of run off,should also be accepted as part of theSWPPP. The SWPPP can cross referenceinspection protocols for the CAApermit. Thus, EPA does not agree withthe commenter that these requirementsare either redundant, inappropriate orextend EPA authority.

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

Comment a: Include Table G–4,published in the August 7, 1998modifications, in MSGP–2000. Also,table titles in this section are confusingsince they appear to imply that effluentguideline limitations apply to wasterock and overburden piles.

Response a: We have included therevised table G–4 from the August 7,1998 modification in the fact sheet fortoday’s permit. The titles of tables G–1and G–2 are consistent with the titles inthe other sectors of the final permit. Allmonitoring tables in Part 6 of the permitare titled ‘‘SECTOR–SPECIFICNUMERIC LIMITATIONS ANDBENCHMARK MONITORING.’’ TheAgency doesn’t not believe that this titleis misleading because each tablecontains a column labeled ‘‘NumericLimitation’’ which either contains anumerical value or is blank. For thoseSectors where there are no values listedin the numeric limitation column it isclear that numeric limitations do notapply. EPA recognizes that benchmarkconcentrations are not effluentlimitations and is provided specificlanguage in the permit to that effect.

Comment b: The commenter opposesEPA’s disallowance of sampling waiversfrom monitoring requirements for wasterock and overburden piles. Anothercommenter argued that another waiverbased on ‘‘not present or no exposure’’had also been deleted. A thirdcommenter noted that monitoringrequirements were also inconsistentwith the 1998 permit modifications.

Response b: The restriction onsampling waivers was not intended toexclude the ‘‘Adverse ClimaticConditions Waiver’’ in Part 5.3.1 of thepermit. The final permit has beenrevised to correct this error. Also, Part6.G.7.2 has been modified to reflect thatthe monitoring requirements only applyto discharges from active ore miningand dressing facilities and that theserequirements remain unchanged fromthe 1998 permit modification. Thesecond waiver in Part 5.3 which isbased on ‘‘not present or no exposure’’was not part of the August 1998 notice,and was not intended for sector Gfacilities.

Comment c: The limitation oncoverage for adit drainage andcontaminated springs or seeps should bemodified to exclude only those that donot result from precipitation events. Theproposed Certification of Dischargelanguage is confusing since it implies anobligation for testing or evaluation ofmining-related discharges that arecomposed entirely of non-storm watercovered by an NPDES permit.

Response c: Adit drainage andcontaminated springs and seeps aredischarges that originate below thesurface of the ground. Often theydischarge during dry periods and, whilein some instances these flows mayincrease in response to a storm event,they may continue to flow well after theprecipitation has ended. Therefore, EPAhas determined that the restriction (i.e.,prohibition) for MSGP coverage ofdischarges from adit drainage,contaminated springs and seeps shouldremain as proposed.

The ‘‘Certification of DischargeTesting’’ language has been modified toclarify that certification must beprovided to show that any mining-related discharge has been ‘‘tested orevaluated for the presence of non-stormwater discharges.’’ Additional wordinghas been added to Part 6.G.6.1.6.6 tomake it consistent with the language inthe 1995 MSGP.

Comment d: Provide guidance inSection 6.G.6.1.6.6 on what type of testshould be performed.

Response d: The language has beenmodified to allow for a certificationbased on ‘‘tested or evaluated’’information. Additional wording hasbeen added to Part 6.G.6.1.6.6 to makeit consistent with the language in the1995 MSGP.

Comment e: The definition of‘‘reclamation phase’’ is inconsistentwith most state programs.

Response e: The definition of thethree general phases of mining wastaken from the fact sheet to the 1995MSGP. The intent was to recognize that‘‘mining’’ is comprised of severaldistinct activities, not to set a standardfor each phase. EPA acknowledges thatreclamation requirements are typicallyset by state programs, and therefore thepermit language defining thereclamation phase has been modified toreflect other post-mining land uses.

Comment f: In reformatting the permitlanguage, EPA introduced newrequirements which are inconsistentwith the settlement EPA reached withNMA in 1998.

Response f: The draft MSGP–2000intended to incorporate all therequirements from the 1998 noticeresulting from the settlement with

NMA. However, in making the changesand converting to a more ‘‘readable’’format some unintended errorsoccurred. The revisions to themonitoring requirements have beenmade so the final permit language isconsistent with the 1998 FederalRegister publication (63 FR 42534, Aug7, 1998).

Comment g: Delete the phrase‘‘directly or indirectly’’ from coverage of‘‘storm water discharges that have comeinto contact (directly or indirectly) withany overburden, raw material,intermediate product* * *’’ since it isinconsistent with prior versions of thepermit.

Response g: The storm waterregulations (Section 122.25(b)(14)(iii))require permit coverage for ‘‘facilitiesthat discharge storm watercontaminated by contact with or thathas come into contact with, anyoverburden, raw material, intermediateproducts* * *’’ When revisions weremade to the draft MSGP 2000 languageto make the permit more ‘‘readable,’’some of the words were changed. Inorder to be consistent with the stormwater regulations, the permit languagehas been revised. The words ‘‘come intocontact (directly or indirectly)’’ havebeen deleted and replaced with‘‘contaminated by contact or that hascome into contact.’’

Comment h: EPA was incorrect instating that all facilities permitted inthis sector are ‘‘no discharge’’ facilities.

Response h: The monitoringdiscussion in the Fact Sheet to thepermit is a summary of the dataavailable at the time the draft permitwas published for public comment. Themain focus of the summary was on datafrom the second year of permit coverage.Of those sector G facilities thatsubmitted information in year 2 of thepermit none of them reported adischarge. The 1998 MSGP modificationwhich reflected the settlement withNMA and added monitoringrequirements for sector G was muchlater in the permit term. The final factsheet language has been changed torecognize the later data and dischargestatus of sector G facilities covered bythe permit.

Comment i: Water technicallyqualifying as mine drainage but whichmeets all applicable surface waterquality standards should be approvedfor use in lieu of fresh water for dustcontrol on roads at mine sites.

Response i: The quality of the minedrainage can change from source tosource and over time within the samemine. The MSGP would need to specifya process (e.g., monitoring frequency) toensure that the quality of the mine



drainage is protective of water quality.This type of facility specificconsiderations and potential monitoringrequirements would be better addressedunder an individual permit issued to thefacility.

Sections 6.G and 6.J ConstructionRequirements for Sector G—MetalMining and Sector J—Mineral Mining

Comment a: Commenters questionedwhy EPA was requiring coverage undera construction general permit for earthdisturbing activities during the‘‘exploration and construction phase’’ ofa mining operation.

Response a: This requirement wasoriginally contained in the 1995 MSGPFact Sheet for Sector J (it wasinadvertently not duplicated in themetal and coal mining [Sector G]sectors). It therefore represents aclarification or technical correction tothe original MSGP. To clarify theapplicability of the MSGP regardingconstruction activity at metal miningsites and to make metal miningrequirements consistent with mineralmining provisions (Sector J), Sector Ghas been modified to indicate that earth-disturbing activities occurring in the‘‘exploration and construction phase’’ ofa mining operation must be coveredunder EPA’s Construction GeneralPermit (63 FR 7858, February 17, 1998)or under an individual permit if the areadisturbed is one acre or more. Earth-disturbing activities during exploration/construction affecting less than one acremust be covered under the MSGP–2000.If permittees then opt to actively minethe site they are required to transition tothe MSGP–2000 (they should terminatetheir coverage under the CGP, but thereis no requirement to do so). Thisprocedure removes commenters’ ‘‘dual-permit requirement’’ fear. Once in theactive phase, any subsequent mineenlargement would be covered underthe MSGP–2000. All phases of a miningoperation must be covered whichincludes the ‘‘reclamation phase.’’ EPAbelieves the appropriate level ofenvironmental protection for initialland-disturbing mining activities is aconstruction permit. SWPPPrequirements under a constructionpermit are more effective for the oftentemporary conditions found during theinitial phase versus that which wouldbe appropriate for a more permanentmining operation. Many of the BMPsand other SWPPP requirements of theConstruction General Permit could beincorporated in the MSGP–2000SWPPP, thereby minimizing anyduplicative efforts.

Comment b: For Sector J for Region 9,the proposed MSGP only authorized

mine dewatering discharges fromcrushed stone, construction sand andgravel, and industrial sand mines inArizona. For Regions 1, 2, 6, and 10,coverage was proposed throughout theareas of these regions covered by theMSGP. Expressions of interest in MSGPcoverage for these discharges have beenreceived for other areas, such as Indiancountry in Nevada and California.

Response b: For consistency with theother regions, coverage for thedischarges has been extendedthroughout the areas of Regions 3, 8 and9 covered by the permit, provided thedischargers meet all other permiteligibility requirements.

Section 6.I Sector I—Oil and GasExtraction

Comment: One commenter expressedconcern that while refineries werecovered under Sector I—Oil and GasExtraction, refining was not usuallyconsidered ‘‘oil and gas extraction’’ andthe title of Sector I could thus causerefinery operators to overlook permitconditions that could apply to them.

Response: EPA welcomes thissuggestion to make the permit easier touse and the title for Sector I has beenchanged to ‘‘Oil and Gas Extraction andRefining’’ in Table 1–1 and in Part 6.I.Note however, that any storm water ata refinery that is subject to storm watereffluent limitation guidelines at 40 CFR419 is not eligible for permit coverage.

Section 6.R Sector R—Ship and BoatBuilding or Repair Yards

Comment: One commenter requestedthat the provisions of part 6.R.4.3.1. beclarified to note that pressure washingto remove paint would require aseparate NPDES permit.

Response: EPA agrees that if pressurewashing occurs to remove paint, thedischarge of that wash water wouldrequire separate NPDES permitcoverage. EPA also intends for thedischarge of wash waters removingmarine growth to be permittedseparately. The source of the dischargeis not storm water and, as a general rule,the MSGP only authorizes the dischargeof storm water. The non-storm waterdischarges that are authorized by theMSGP are a specific list found in Part1.2.2.2. of the permit and the list doesnot include pressure wash waters.

Section 6.S Sector S—AirTransportation

Comment: Commenters had concernsregarding the execution of sitecompliance evaluations and inspectionsof deicing areas. They also requestedEPA to limit the inspection obligation to

once per month during periods ofdeicing operations.

Response: The MSGP–2000 has beenclarified to state that complianceevaluations shall be conducted during aperiod when deicing activities are likelyto occur (vs. a month when deicingactivities would be atypical or during anextended heat wave), not necessarilyduring an actual storm or when intensedeicing activities are occurring. Thisrequirement is not seen as onerous, asEPA believes that most weatherconditions can be reasonablyanticipated and the evaluation can beplanned for. EPA generally agrees thatregularly scheduled, monthlyinspections of deicing areas during thedeicing season (e.g., October throughApril) are sufficient at airports withhighly effective, rigorouslyimplemented SWPPPs. However, ifunusually large amounts of deicingfluids are being applied, spilled ordischarged, weekly inspections shouldbe conducted and the Director mayspecifically require such weeklyinspections. In addition, personnel whoparticipate in deicing activities or workin these areas should, as the need arises,inform the monthly inspectors of anyconditions or incidents constituting anenvironmental threat, especially thoseneeding immediate attention. EPArequires permittees to record, to the bestof their ability, the quantity of alldeicing chemicals applied on a monthlybasis (not just glycols and urea, e.g.,potassium acetate), as discharges oflarge quantities of these chemicals canhave an adverse impact on receivingwaters. The capability to record usage ofchemicals should not depend on thetype of chemical used. EPA neverintended to provide a comprehensivelist of technologies and BMP options forairport operators to consider, nor toprovide a discussion of the relativemerits of each. EPA’s discussion wassimply an introduction of the manyoptions available and was intended tostimulate thought on the variety ofBMPs available. EPA intends that stormwater personnel use their bestprofessional judgment to select site-appropriate measures for inclusion intheir SWPPPs. For a more thoroughsource of information on deicing fluidcontrol and airport deicing operations ingeneral, stakeholders can check the EPApublication ‘‘Preliminary DataSummary, Airport Deicing Operations’’at http://www.epa.gov/ost/guide/airport/index.html.

Section 6.T Sector T—TreatmentWorks

Comment: Clarify that treatmentworks smaller than 1.0 MGD are not



defined as industrial activities and,therefore, are not subject to the permit.

Response: The final permit languagehas been modified to be consistent withthe industrial definition of§ 122.26(b)(14)(ix). The requirements ofSector T are intended to apply only tothose treatment works with a designflow of 1.0 MGD or more, or required tohave an approved pretreatmentprogram.

Section 8 Retention of RecordsComment: Clarify the Retention of

Records language.Response: EPA has clarified the

Retention of Records language used inthis permit. Part 8.1 states that thepermittee will retain, for three (3) yearsafter the permit expires or is terminated,the SWPPP and all documents/reportsneeded to complete their Notice ofIntent form. In addition, Part 9.16.2.1addresses the retention of records forthe permit monitoring requirements forthree (3) years from the date of sample,measurement, evaluation or inspection,or report. Permittees are required tosubmit Discharge Monitoring Reportsfor compliance and/or analyticalmonitoring.

Section 9 Standard Permit ConditionsComment a: Several comments were

received on Part 9.12.1 for requiringcoverage under an individual permit oran alternative general permit.Commenters suggest that the permitteebe allowed to appeal a Director’sdecision; provide for determination ofnon eligibility and semblance of suretyavailable by a permittee whodemonstrates eligibility and compliancewith the MSGP; and authorizeautomatic transfer provided all stormwater permitting conditions andobligations are met.

Response a: EPA may modify, revokeand reissue, or terminate a permitduring its term. Causes for modification,revocation and reissuance, andtermination are set forth in 40 CFR§ 122.62 and 122.64. Specific causesmay include: noncompliance by thepermittee with any condition of thepermit; failure in the application orduring the permit issuance process todisclose fully all relevant facts;determination that the permitteddischarge endangers human health orthe environment and can only beregulated to acceptable levels by permitmodification or termination; or there isa change in any condition that requireseither a temporary or a permanentreduction or elimination of anydischarges controlled by the permit. Inaddition, EPA recently published a finalrule which revises certain regulations

pertaining to the NPDES program,including the procedures for appealingan EPA determination on NPDESpermits. See Amendments to Streamlinethe National Pollutant DischargeElimination System ProgramRegulations; Round II, 65 Fed. Reg.30886 (May 15, 2000). Included in therule are revisions to the permit appealsprocess that replace evidentiary hearingprocedures with direct appeal to theEnvironmental Appeals Board (EAB).The website for the EAB is ‘‘http://www.epa.gov/eab/’’. The webpage has afrequently asked question section,‘‘http://www.epa.gov/eab/eabfaq.htm’’.Questions 1 through 9 deal with filingissues, which the commenter can referto for instructions on how to proceed infiling an appeal with EAB. EPA does notallow automatic transfer fromindividual permits into other individualor general permits since EPA needs tomaintain adequate records of permitteesand make periodic evaluations of theadequacy of their measures to complywith permit requirements.

Comment b: EPA should extendcoverage to facilities wishing to applyafter the expiration date of the MSGPuntil the permit is reissued.

Response b: Where EPA fails toreissue a permit prior to the expirationof a previous permit, EPA has theauthority to administratively extend thepermit for facilities already covered.However, EPA does not have theauthority to provide coverage to ‘‘new’’facilities seeking coverage under anexpired permit. This concern is notapplicable in this instance to the MSGPsince the MSGP–2000 was issued beforethe MSGP–1995 expired.

Section 13 Permit ConditionsApplicable to Specific States, IndianCountry Lands

Comment: The Agency should notrequire compliance with provisions ofstate rules that it cannot specificallyidentify. For example, EPA requirescompliance with state anti-degradationprovisions. The Agency provides noassistance with regard to how a smallbusiness might somehow ascertain whatthose provisions are, who has them, andhow they might apply to the facility’sdischarge. See 65 Fed. Reg. at 17021.The Agency must specify precisely howa company would obtain appropriatedata and how it should apply that datato its operations. Without this necessaryguidance, this new provision should beremoved from the final permit.

Response: The permit states thatdischarges are not covered if theyviolate, or contribute to the violation of,a state water quality standard. An anti-degradation policy is one component of

a state’s water quality standardsprogram. The permittee is responsiblefor checking to ensure compliance withthese provisions. Facility operators cancheck with the EPA official listed in thispermit to obtain the name of theappropriate state contact.

Section I.A General Opposition toProposed Changes

Comment: A commenter objected toseveral of the proposed modifications tothe ‘‘Limitations on Coverage’’provisions in the Proposed MSGP–2000,including the proposed revisions to theEndangered Species Act requirements(Section 1.2.3.6), the addition of theantidegradation provision (Section1.2.3.9), the addition of the impairedwaters and TMDL provisions (Section1.2.3.8), and the addition of thecompliance with water qualitystandards provisions in Section 3.3.

Response: The Agency acknowledgesthe comment. Justifications for each ofthe positions cited by the commenterare provided in the fact sheetaccompanying the permit. Specificobjections to these provisions areaddressed elsewhere in the commentresponse document.

Section I.B General Support toProposed Changes

Comment a: Several commenterssupported EPA’s continued use of ageneral NPDES permit for regulatingstorm water discharges associated withindustrial activity. The commentersindicated that this was an efficient andeffective means for achieving the goalsof the Clean Water Act.

Response a: EPA agrees with thecommenters regarding theappropriateness of general permits forthe majority of industrial storm waterdischarges. The issuance of the finalMSGP is consistent with thesecomments.

Comment b: A commenter supportedthe proposal to authorize incidentalwindblown mist discharges fromcooling towers as an authorized non-storm water discharge under the MSGP.

Response b: These discharges areincluded in the final MSGP consistentwith the recommendation of thecommenter.

Comment c: A commenter supportedthe provision in the proposed MSGP toallow termination of permit coveragebased on the ‘‘no exposure exemption’’(40 CFR 122.26(g)) provided underEPA’s Phase II storm water regulationsof December 8, 1999 (64 Fed. Reg.68722).

Response c: Although the no exposureexemption would be available whetheror not it is specifically included in the



MSGP, EPA has retained the provisionin the final MSGP to highlight itsavailability for those facilities whichqualify.

Section I.C Fact Sheet

Comment a: It is imperative that EPAconduct an environmental justiceanalysis for the MSGP to ensure that thepermit is consistent with the goals ofEPA’s Environmental Justice Strategy ofApril 3, 1995, the President’s 1994Executive Order on EnvironmentalJustice and Title VI of the Civil RightsAct. The notice of intent (NOI) mustinclude demographic information. EPAmust seek comments of minority andlow-income communities regarding theMSGP.

Response a: EPA disagrees with thecommenter that an environmentaljustice analysis is necessary prior to thereissuance of the MSGP. Regarding TitleVI requirements, EPA has recentlyproposed guidance (65 Fed. Reg. 39649,June 27, 2000) for assisting recipients ofFederal funding which administerenvironmental programs (such as stateenvironmental agencies), as well asguidance for investigating allegeddisparate environmental impactsstemming from permitting programsadministered by these agencies. Theguidance is also appropriate for EPApermits, such as the MSGP.

The Title VI guidance encouragespermitting authorities to integrateenvironmental justice into theirpermitting programs. However, anenvironmental justice analysis is notrequired for every permit issued by astate permitting authority or by EPA. Noinformation was provided by thecommenter that a disparate impact onminorities would exist as a result of theMSGP. The MSGP includes numerouseffluent limitations and other conditionswhich should be protective of waterquality for all neighborhoods in whichpermitted facilities are present. EPAdoes intend to integrate environmentaljustice considerations explicitly into itspermitting programs as outlined in theTitle VI guidance. However, this willlikely be a longer term process(extending beyond the time frame forreissuance of the MSGP) given the manycomplexities of the issue.

EPA’s Environmental Justice Strategyof April 3, 1995 (developed pursuant tothe President’s 1994 Executive Order)has similar goals as Title VI of the CivilRights Act. Again, however, anenvironmental justice analysis is notrequired for every permit issuance. Theintegration of the goals of theEnvironmental Justice Strategy into theNPDES permit program will also take

time given the many complexities of theenvironmental justice issue.

EPA is committed to implementingthe Executive Order on EnvironmentalJustice. As a practical matter,environmental justice concerns arecommunity specific. EPA will workwith a specific community that mayexpress concerns related to a specificsource or other environmental burdens.If and when a community raises suchissues, EPA can then consider a propercourse of action. In the case of theMSGP which will largely permitexisting facilities, EPA will engage thecommunity that has raised the issueand, if appropriate, work with the Stateand local agencies to address theirconcerns. If violations of any applicablestandards are identified, EPA canpursue possible enforcement actions.The MSGP also provides that analternate general permit could be issuedfor any geographic area which may beidentified in the future as subject todisparate environmental impacts.

EPA has public noticed its intent toreissue the MSGP and has requestedcomments throughout the areaspotentially affected by the permit,including areas where minority andlow-income communities are present.EPA believes that its outreach activitieshave been sufficient for the permittingaction which was proposed. However,EPA’s Environmental Justice Strategyalso provides for additional outreachactivities in the future which mayinclude outreach to minority and low-income communities specificallyregarding the MSGP.

EPA disagrees that demographicinformation should be required with theNOI. The NOI does include locationinformation for industrial facilitiesseeking coverage under the permit.Using this information it is possible tolocate facilities covered by the permitrelative to the locations of differentdemographic groups. As such, it is notnecessary for the NOI to includedemographic information.

Comment b: A commenter expressedconcern that some non-storm waterdischarges may be improperlycharacterized as storm water by certainfacilities. The commenter recommendedthat EPA carefully review permitapplications and conduct inspections toensure that such discharges are treatedas point source discharges and notcovered by the MSGP.

Response b: Point source dischargeswould violate the Clean Water Actunless they are authorized by a separateNPDES permit. The MSGP also requiresthat operators review their facilities forthe presence of unpermitted non-stormwater discharges which are not

authorized by the MSGP. When suchdischarges are located, the MSGPrequires that the discharges bepermitted or terminated. Thisrequirement should minimize thepossibility that inappropriate non-stormwater discharges are discharged underthe MSGP. As recommended by thecommenter, EPA does conduct periodicinspections of facilities permitted underthe NPDES permit program to evaluatethe compliance status of a facility withthe requirements of the Clean WaterAct, including the presence of anyunpermitted discharges. Although thepermit application for the MSGP (thenotice of intent) does not specificallyaddress the issue of non-storm waterdischarges, EPA believes that the otherrequirements of the MSGP, along withEPA’s inspection program, adequatelyaddress the commenter’s concern.

Section II.A Organization and ClarityComment a: Virtually all commenters

supported EPA’s effort to make theMSGP smaller and easier to understand.Several comments did express concernthat the reorganization and clarificationof the permit may have resulted in somesubstantial changes in permitrequirements that may not have beenidentified and explained in thepreamble to the proposed permit. Theissue of whether or not explanation andguidance contained in the 1995 MSGPpreamble could still be relied upon wasalso raised.

Response a: EPA went to great lengthsto make the permit shorter and easier tounderstand and believes all substantivechanges were identified and discussedin the preamble to the proposed permit.Responses to specific comments onareas where a commenter felt thatadequate explanation for changes wasnot included in the proposal areprovided in responses to that comment.With regard to the more specificexplanation of sector-specific activities,etc. in the preamble to the 1995 MSGP,this information was incorporated byreference into the proposal of today’spermit and may still be relied upon tothe extent it does not conflict with theMSGP–2000 documents or issuperceded by later guidance.Commenters noted several instanceswhere EPA unintentionally changedrequirements through the reformatting.EPA has corrected the permit andidentified these instances throughoutthe comment response document.

Comment b: Based on EPA’s use ofincorporation by reference in theproposed permit’s preamble to avoidreprinting material from the 1995MSGP’s preamble, one commenterexpressed concern that the requirement



in Part 4.7 to have a copy of the finalpermit with the Storm Water PollutionPrevention Plan would be difficult if theentire permit was not in a singlepackage. This commenter also wasconcerned that references to multipleInternet sites for more informationwould further compound this problem.The commenter further suggested that acopy of the permit and relevantguidance be included with the NOI‘‘confirmation’’ letter sent by EPA inresponse to a complete NOI. Anothercommenter supported making allrelevant information available in asingle document.

Response b: The entire permit,appropriate addendums, the preamble‘‘fact sheet,’’ and comment responsesummary are being published today inthe Federal Register and will, therefore,be easily available from several Internetsites and from Federal DepositoryLibraries. The information not repeatedin the proposed permit notice wasprimarily background and fact sheetinformation from the preamble to the1995 MSGP. While the preamble andresponse to comments sections of thefinal permit notice will undoubtedly bevaluable to many permittees, the Part4.7 requirement to have a copy of thepermit language with the Storm WaterPollution Prevention Plan refers only tothe permit language itself, includingaddendums. Based on experience withthe previous permit, EPA believes thebenefits of keeping the size andcomplexity of the permit to manageable(i.e., less intimidating, easier to use)level far outweigh the benefit of makingall supporting and guidanceinformation, much of which will applyto only a small portion of potentialpermittees, available in a singledocument. EPA does expect that forconvenience, many permittees willsimply attach a copy of the entireFederal Register notice of the finalpermit to comply with Part 4.7.

EPA believes the referencesthroughout the permit and preamble tovarious Internet sites is a sensiblealternative to publishing information,only a small part of which may applyto any one facility or which will bechanging over time and quickly becomeoutdated. For example, due to periodicupdates that must be made to theendangered species list based on newspecies being listed or old ones delisted,the county-species list was notpublished with the final permit. Thisomission saves tax dollars onpublication, keeps the size of the permitpackage down (the current list woulddouble the size of the permit while anyone facility only needs to look at a pageor so of information), and avoids the

inadvertent use of an outdated specieslist that could result not only in failureto consider potential adverse effects onan endangered species, but also negatea discharger’s permit coverage. EPArelies heavily on electronic distributionof documents and guidance, but will beable to provide hard copy or telephone-based information to those who have noaccess to the Internet or FederalDepository Libraries.

As noted above, the complete permithas been printed and EPA intends tomake guidance available, primarilythrough the Internet. The suggestion toinclude a copy of the permit andguidance with the NOI ‘‘confirmation’’letter is impractical since most of thisinformation would have been necessaryto develop the Storm Water PollutionPrevention Plan that must be developedbefore the NOI can be submitted.

Section III Geographic Coverage ofProposed MSGP

Comment: Several commenters andattendees of meetings on the proposedpermit identified an inconsistencybetween Part 6.J.3 of the permit, wheremine dewatering discharges fromconstruction sand and gravel, industrialsand, and crushed stone mines wereapparently eligible only in Arizona andboth the previous permit and thepreamble to the proposed MSGP–2000where such discharges were also eligiblein all of the permits for Region 1, 2, 6,and 10. One commenter referred topages 17025 and 17034 of the preambleto the proposed permit in support oftheir belief that the proposed permit hadbeen intended to provide coverage inRegions 1, 2, 6, and 10 and in Arizona.

Response: The typographical error inPart 6.J.3 has been corrected. Assupported by item 4 on page 17025 anditem 2 on page 17034 of the FederalRegister notice of the proposed permit(65 FR 17025 and 17034), coverage formine dewatering discharges fromconstruction sand and gravel, industrialsand, and crushed stone mines in notonly Arizona, but also Regions 1, 2, 6,and 10 was intended.

Section V.A Historic PreservationComment a: It would be more in

keeping with balancing the agency’sCWA mandate and NHPA obligation tonot preclude general permit coverage forthose discharges that may affect historicproperties. Instead, require the generalpermittee to notify the agency of theexistence of a listed historic propertythat will be affected along with anypreventive or mitigation measures, ifnecessary, that it plans to implement.EPA could then decide if any furtherconsideration or action is warranted,

including any comment by the Council.The obligations established under § 106are placed upon the agency, not on thepermittee.

Response a: EPA agrees andacknowledges that NHPA Section 106imposes obligations only on federalagencies and not on third parties. EPA’saction in issuing permits, however,triggers NHPA Section 106. In order toissue a general permit, EPA includedhistoric preservation-related applicationand eligibility provisions in order toensure that it could ‘‘filter’’ outpermitting activities that mightotherwise trigger advanced proceduresunder NHPA Section 106. Section110(k) of the Act prohibits a Federalagency from granting a loan, loanguarantee, permit, license or otherassistance to an applicant who intendsto avoid requirements of section 106 (64FR 95 May 18, 1999). To meet thisresponsibility, EPA requires theapplicant to do one of the following: (1)Determine that historic properties arenot in the path of permit activities, (2)determine that permit activities have noimpact on historic properties, or (3) thepermittee reaches agreement withappropriate authorities on measures tomitigate or prevent adverse effects.Thus, it is quite possible for facilitieshaving an impact on historic propertiesto be covered by the MSGP.Authorization to discharge under theMSGP is a privilege, not a right, whichcarries with it certain procedural andtiming advantages for the permittee.Therefore, it is incumbent upon thepermittee, not EPA, to conduct whateverinvestigations and consultations arenecessary consistent with EPA’sobligation to satisfy NHPA provisions.

Comment b: The notice states that theprovisions in Part 1.2.3.7, are ‘‘likely tochange as a result of consultations’’under the NHPA. The procedures setforth in Addendum B are described asbeing ‘‘models’’ of what the NHPAguidance ‘‘may look like.’’ Theseprovisions are critical for permittees todetermine their eligibility for coverageunder MSGP–2000, and any substantivechanges in these areas should be subjectto review and comment by the regulatedcommunity before they are adopted.

Response b: There are no changes tothese provisions as a result of NHPAconsultations.

Comment c: Part 2.1.2.2, which dealswith discharges that are authorizedunder the 1995 MSGP, but not clearlyeligible for coverage under this permit,does not allow adequate transition timefor those permittees who do not haveup-to-date determinations pursuant tothe NHPA.



Response c: Within 90 days thepermittee must apply for MSGPcoverage and certify his compliancewith other permit provisions. He thenhas up to 180 additional days of interimcoverage under the MSGP while heconducts the consultation anddetermines whether he meets thecriteria for coverage under the MSGP.EPA believes that 270 days is asufficient period to conduct andconclude this consultation and takewhatever action is necessary to ensurecontinued permit coverage.

Comment d: EPA states that, ‘‘Forexisting dischargers * * * a simplevisual inspection may be sufficient* * * ’’ (emphasis added). Thisstatement is somewhat disingenuousbecause a ‘‘simple visual inspection’’ israrely sufficient to determine historiceligibility of an area because manyhistoric resources are often locatedunderground. EPA should providereasonable guidance worded specificallyto shield permittees from liability.

Response d: EPA believes that, forexisting dischargers who do not need toconstruct BMPs for permit coverage, asimple visual inspection may besufficient to determine whether historicproperties are affected. However, forfacilities which are new industrial stormwater dischargers and for existingfacilities which are planning toconstruct BMPs for permit eligibility,applicants should conduct furtherinquiry to determine whether historicproperties may be affected by the stormwater discharge or BMPs to control thedischarge. In such instances, applicantsshould first determine whether there areany historic properties or places listedon the National Register or if any areeligible for listing on the register (e.g.,they are ‘‘eligible for listing’’). Thus, theAgency does not imply that a visualinspection is always sufficient. Ininstances of uncertainty, the permitteeis encouraged to consult withauthorities who can advise on thelikelihood of historic properties aboveor below ground.

Given the Agency’s obligation tocomply with the NHPA and its efforts tocoordinate that obligation with theimplementation of general permits, thehistoric preservation-related eligibilityrestrictions cannot provide an ironcladshield from liability. The permitguidance provides a common senseapproach to an historic propertyassessment. Facility operators areencouraged to consult with localauthorities who can advise on thelikelihood of historic properties at thefacility.

Comment e: Portions of the text arereproduced and other portions not

reproduced in columns 1 and 2 of page17018 of the notice. See 65 F.R. at17018. Due to this problem, thecommenter is unable to provide anycomments on EPA’s proposed newchanges to the MSGP since he isuncertain what EPA intends orproposes. The commenter suggests thatEPA fix the language related to theproposed MSGP and re-issue thatcorrection for public review andcomment.

Response e: EPA apologizes for thetyping error which resulted in a numberof sentences being listed twice on p.1018. Despite this confusion, EPAbelieves the intent of the section is clearand does not require reproposal.

Section V.B Endangered SpeciesComment a: The term ‘‘unacceptable

effects’’ is used almost interchangeablywith ‘‘likely to adversely affect’’ (See 65Fed. Reg. 17051), which is similarlyundefined in the permit and inpertinent regulation. The correct termfor purposes of ESA compliance is the‘‘no jeopardy’’ standard set forth inSection 7 of the ESA (17 U.S.C§ 1536(a)(2)).

Response a: EPA agrees with thecommenter regarding the term ‘‘avoidunacceptable effects.’’ Therefore, EPAhas deleted the term and uses the ‘‘nojeopardy’’ language as stated in part1.2.3.6.6.

Comment b: The definition of‘‘discharge-related activities’’ is so all-encompassing that it could includevirtually all activities at a mine, fromdrilling and blasting to loading, haulingand dumping and equipmentmaintenance, in addition to anyactivities that are part of a Storm WaterPollution Prevention Plan (SWPPP).There is no justification for arequirement to certify ESA compliancefor all of these activities in order toobtain coverage under the MSGP. Thisrequirement clearly exceeds EPA’sauthority under the Clean Water Act.

Response b: The endangered speciesprovision covers only those activitiesthat are associated with storm waterindustrial activity. The phrase‘‘discharge-related activities’’ isintended to clarify that EPA considers abroad range of activities related to stormwater discharges to be covered by thepermit and, therefore, subject to ESAand NHPA provisions. This broader listof activities could result inenvironmental impairment if notaddressed through a SWPPP. Since thepermit covers this broad range, andEPA’s permit authority is subject to ESAprovisions, then this broader range ofactivities is subject to the ‘‘no jeopardy’’finding. BMPs, whether already in place

or added, which serve to satisfy thecriteria for coverage under the MSGP,are thus subject to the endangeredspecies provisions.

Comment c: While transitionaldischarge authorization is available forup to 270 days from the date ofpublication of the permit in the FederalRegister, that transitional coverage isonly available if the permittee submitsan application for an alternative permit(most likely an individual permit)within 90 days after publication. Sinceformal Section 7 consultation isnominally a 135-day process (as statedin the Construction General Permit, see63 Fed. Reg. 7872), permittees, in orderto ensure continuous coverage, wouldbe required to prepare and submit anapplication for an individual permitbefore they knew whether they wereeligible for coverage under MSGP–2000.This is an unnecessary burden, on boththe permittee and the agency. EPAshould extend these time limits—forsubmission of an application for analternative permit to 180 days, and fortransitional coverage to one year.

Response c: EPA will retain therequirement that all applicants mustsubmit their Notice of Intent (NOI) in 90days. Those applicants who are enteringinto endangered species consultationsor adverse impact investigations couldapply for extensions up to 180 days andbe covered by an interim permit untiltheir application is completed. EPAbelieves that 270 days is a sufficientperiod to conduct and conclude thisconsultation and take whatever action isnecessary to ensure continued permitcoverage. The County Species list isavailable on EPA’s web site or bycontacting a local official. EPA willupdate its web site list every 90 days.

Comment d: EPA indicates that theproposed species-related requirementscould change, before final issuance,based on consultation with the Fish andWildlife Service. The public will nothave an opportunity to participate inthat process, including throughcommenting on any additionalrequirements suggested by the Service.If the Service does suggest anysubstantial changes in MSGP–2000, thepublic should have an opportunity toreview and comment on those changesbefore EPA makes a decision as towhether to incorporate them into thefinal permit.

Response d: There are no changes tothese provisions as a result of NHPAand ESA consultations, except that,based on comments to the proposedpermit, EPA has deleted the inclusion ofproposed species on the endangeredspecies list.



Comment e: The duty triggered by thesection of the Endangered Species Act(ESA) upon which EPA relies falls notupon the discharger but upon EPA.Thus under EPA’s proposal, it would beEPA’s duty to assess the impact of eachdischarger applying for coverage, and ifthis provision is not removed, EPA losesthe benefit of the general permit. Theaction of adopting the general permititself triggers EPA’s duty, and so EPA,not the discharger, must assess ESAimpacts now, not after the fact of thepermit.

Response e: EPA is bound by the ESAand attempted to coordinate generalpermit implementation with its ESAobligations. Authorization to dischargeunder the MSGP is a privilege whichcarries with it certain procedural andtiming advantages for the permittee.Therefore, it is incumbent upon thepermittee, not EPA, to conduct whateverinvestigations and consultations arenecessary to satisfy the ESA-relatedeligibility provisions. Since EPA cannotpredetermine which facilities will applyfor coverage under the MSGP, it isimpossible for EPA to conduct the site-specific assessments required under theESA at the time of general permitissuance.

Comment f: Despite previousconsultation on the problems of earlierMSGP drafts, certain problems persist,including the gray area language thathas fueled citizen suits againstpermittees. Not only has the agencyfailed to adequately address this issue,it has increased the liability potential byincreasing the requirements forpermittees to comply with other agencyrules. EPA should clarify language toeliminate the potential for liability forpermittees and should reduce the costand paperwork burdens for compliancewith ESA and NHPA.

Response f: Given the operation of theregulatory innovation, the ‘‘generalpermit,’’ EPA cannot provide anironclad shield from liability in the waythe commenter proposes. The permitguidance provides a common senseapproach to endangered species andhistoric property assessments. Facilityoperators are encouraged to consultwith local authorities who can advise onthe likelihood of endangered orthreatened species, critical habitat, orhistoric properties at the facility. EPAbelieves the additional burdenassociated with the expanded NOI formis minimal because permittees arerequired to make the findings which arereflected on the form. The additionalinformation provides greater assurancethat the assessment has been conducted,but does not in itself constitute therequirement for the assessment. EPA

acknowledges that, until such time asthe revised form has been cleared byOMB, permittees will continue to usethe current NOI form (as modifiedslightly to conform to changes madeelsewhere to the permit).

Comment g: The endangered speciessection of the permit relating toendangered species is cumbersome andappears to go beyond the intent of theClean Water Act and beyond the EPA’sauthority set in the CWA.

Response g: EPA acknowledges thecomment, but disagrees. EPA believesthese provisions are essential to carryout its responsibility not to issue apermit which could jeopardize anendangered or threatened species, orcritical habitat. EPA has consulted withthe U.S. Fish and Wildlife Service andthe National Marine Fisheries Service toensure compliance with the EndangeredSpecies Act. The ‘‘discharge-relatedactivities’’ restriction on eligibility alsoimplements the Agency’s obligationsunder NHPA Section 106.

Comment h: The permit should clarifythat coverage of the MSGP, andcertification by the permittee, needaddress only new impacts resultingfrom new changes in operations forwhich discharges are covered andauthorized by the MSGP. In otherwords, the ‘‘baseline’’ for assessment ofeffects or impacts should be the date ofreissuance of the MSGP or, if later,initiation of new activities to be coveredby the MSGP.

Response h: All activities covered bythe permit, whether new or existing, aresubject to the provisions. It isinappropriate to interpret that theseprovisions apply only to new activities.

Comment i: The endangered speciessection suggests that a potentialpermittee utilize ‘‘due diligence’’ indetermining whether or not a potentialimpact to an endangered or threatenedspecies may exist. This language is toovague and subjective—differinginterpretations what constitutes duediligence exist. This is particularly truewhen dealing with an issue as complexas impact to endangered species or theirhabitats, where the expertise necessaryto make this determination is usuallybeyond the reach of most industrialoperators. It is likely that this couldbecome the focal point of efforts toblock permit issuance by those withdiffering agendas. Further clarificationof what is required under ‘‘duediligence’’ is required.

Response i: EPA believes that thelanguage must provide flexibility toreflect the case-by-case decisions whichmust be made. In response to thecommenter’s concern, EPA has replacedthe ‘‘due diligence’’ phrase with ‘‘best

judgment.’’ Consultations with localendangered species officials is advisedif the permittee is uncertain how toapply these provisions to his facility.

Comment j: Only those species thathave been listed should be identified onthis list and used in the determinationof permit coverage; not those that havenot gone through the entire listingprocess.

Response j: EPA acknowledges thecomment and has revised the languageto exclude proposed listingrequirements.

Comment k: In this section, anapplicant is expected to determinewhether endangered species are ‘‘inproximity’’ to the stormwater dischargesor discharge-related activities at thefacility. In proximity is described asbeing ‘‘in the path or down gradient’’ orin the ‘‘immediate vicinity of ornearby,’’ the facility. These definitionsare far too vague, and could refer to thepresence of species located aconsiderable distance from a facility,not merely those located close enoughto a facility to be affected by thatfacility’s stormwater discharge. Thissection requires clanfication.

Response k: EPA has retained thislanguage from the 1995 MSGP. EPAbelieves that the language must provideflexibility to reflect the case-by-casedecisions which must be made.Consultations with local endangeredspecies officials is advised if thepermittee is uncertain how to applythese provisions to his facility.

Comment l: This section provides that‘‘where there are concerns that coveragefor a particular discharger is notsufficiently protective of listed species(and presumably those proposed forlisting as well) the Services (as well asany other interested parties) maypetition EPA to require that thedischarger obtain an individual NPDESpermit and conduct an individualsection 7 consultation as appropriate.’’It is clear that this will provide ampleopportunity to those who would seek todelay or deny permit issuance, even inthose circumstances where an actualimpact to species or habitat does notexist. This procedure should be a formalone in which the permit remains inforce until EPA, after careful andrigorous scientific evaluation of thepotential impact, determines whether ornot an impact exists and, if so, whetheror not an alternative permit iswarranted.

Response l: Opportunity for publicinput is an essential component of anygovernment regulatory program. As thecommenter suggests, the permit wouldremain in effect until such time as EPA



concludes that the activity is no longereligible for coverage under the permit.

Section V.C 303(d)Comment a: Several commenters

challenged Parts 1.2.3.8. of the permitbecause they believe it inaccuratelyapplies 40 CFR 122.4(i) regardingcompliance with water qualitystandards to discharges covered by ageneral permit. Several commentersbelieve that one doesn’t have toconsider 40 CFR 122.4(i) if they onlyadd an outfall and similarly onecommenter believes that newdischargers under Phase 2 do not haveto consider 40 CFR 122.4(i).Commenters stated that any provisionsadded to the reissued MSGP regardingimpaired waters or TMDLs arepremature until the new TMDL rule isfinal. It seems that the major concern isthat previously unpermitted dischargeswould be disallowed coverage underthis Part.

Response a: EPA, in Sections 1.2.3.8.1and 1.2.3.8.2, was merely conditioninga discharger’s eligibility for coverageunder the MSGP upon meeting certainexisting conditions and requirements inEPA’s NPDES regulations which applyin all applicable circumstancesinvolving both individual and generalpermits. In doing so, EPA intended tomerely restate those existing conditionsand requirements as eligibilityrequirements under the MSGP.Specifically, EPA’s intention in section1.2.3.8.1 was to condition a newdischarger’s eligibility for coverageunder the MSGP upon meeting theexisting regulatory conditions under 40CFR 122.4(i). A new discharger,therefore would not be eligible forcoverage under the MSGP if itsdischarge would ‘‘cause or contribute toa violation of a water quality standard.’’As mentioned, this regulation isapplicable to all new dischargersirrespective of the type of permit theyare seeking coverage under; there is nolanguage in this regulation that exemptsnew dischargers seeking coverage undera general permit. EPA, in section1.2.3.8.1 of the MSGP, did not intend tocreate any confusion or change anyexisting interpretation of the currentregulatory language referred to in thatsection. To avoid confusion EPA istherefore amending the language insection 1.2.3.8.1 to state that ‘‘you arenot authorized to discharge if yourdischarge is prohibited under 40 CFR122.4(i).’’

EPA’s intention in section 1.2.3.8.2was to condition a discharger’seligibility for coverage under the MSGPupon meeting the existing regulatoryrequirements under existing 40 CFR

122.44(d)(1)(vii)(B). This section ofEPA’s regulations requires permittingauthorities to develop effluent limits inpermits that are ‘‘consistent with theassumptions and requirements of anyavailable wasteload allocation for thedischarge prepared by the State andapproved by EPA pursuant to 40 CFR130.7’’ (EPA’s existing TMDLregulations). This requirement appliesto all NPDES permits both individualand general permits.

Comment b: One commenterexpressed confusion about what ismeant by ‘‘new discharges’’ as this termis not defined in 40 CFR 122.2.

Response b: The final permit willomit the term ‘‘new discharge’’ since itis not necessary for the requirement andit has caused confusion. Today’s permitwill change the term ‘‘new discharge’’ tosimply ‘‘discharge’’ in the first sentenceof Part 1.2.3.8.1.

Comment c: Eligibility restrictions ofthe permit should be limited to thosedischarges of pollutants actually listedin a TMDL.

Response c: Section 1.2.3.8.2 of theMSGP contains the eligibilityrequirement that discharges beconsistent with an EPA established orapproved TMDL. EPA agrees with thecommenter’s suggestion that Section1.2.3.8.2 should clearly state that suchrequirement is only applicable tofacilities discharging the pollutant forwhich the TMDL is established. EPA istherefore, adding this language toSection 1.2.3.8.2.

Comment d: Discharges to 303(d)listed or 303(e) listed waters should bemonitored for contaminants that impairor threaten water quality; however,monitoring requirements should berelaxed for other contaminants that donot impair or threaten receiving waterquality. Several commenters wantedeither exclusive or additionalmonitoring of discharges to impairedwaters for pollutants of concern in lieuof the eligibility requirements based onwhether or not a facility causes orcontributes to the impairment.

Response d: EPA acknowledges thatthe MSGP may not contain monitoringrequirements for a pollutant for whicha waterbody is listed as impaired. Thisdoes not eliminate the burden of thedischarger in determining that itseffluent does not cause or contribute toa violation of water quality standards.Section 1.2.3.8.1 in the MSGP is aneligibility provision which restatesexisting regulatory requirements, it doesnot create new restrictions on anydischargers. If a discharger cannot meetthe eligibility requirements, then thatdischarger is not authorized to dischargeunder the MSGP. Under existing

regulations, EPA has the discretion toestablish whatever eligibilityrequirements that it believes areappropriate. Section 1.2.3.8.1 is aneligibility provision that does no morethan restate existing regulatoryrequirements as a condition of beingauthorized to discharge under thepermit. It does not dictate, establish orrestrict the use of any particularframework, effluent limits or permitconditions within the permit itself ordescribe or restate any newinterpretation of the underlyingregulations which it refers to.

Comment e: Several commenters werenot clear how to determine orimplement loadings imposed byTMDLs. Further they requested thatloadings based on the TMDL beexcluded from the MSGP and addressedseparately so that the regulatedcommunity could have an opportunityto comment on them. One commenterstated that the eligibility requirement ofPart 1.2.3.8. is not appropriate becausethere was no opportunity to commenton the TMDL.

Response e: It is not necessary that alldischargers receive individualwasteload allocations. EPA’s regulationsat 40 CFR 130.2 define a wasteloadallocation as the portion of the receivingwater’s loading capacity that is allocatedto one of its existing or future pointsources of pollution. EPA hasinterpreted this regulation to mean thateach point source must be given anindividual wasteload allocation when itis feasible to calculate such a wasteloadallocation. EPA believes that states mayfind it infeasible to calculate individualwasteload allocations for all pointsources covered by a specific generalpermit. In that case, the TMDL wouldestablish individual wasteloadallocations for dischargers subject toindividual permits whereas dischargerssubject to a general permit would beaccounted for in the aggregate under asingle wasteload allocation specific tothe general permit under which they areauthorized to discharge.

In addition, wasteload allocations canbe expressed in different ways,including, percent loading reductions.See 40 CFR 130.2(i) ‘‘* * * TMDLs canbe expressed in terms of either mass pertime, toxicity, or other appropriatemeasures. * * *’’ Effluent limitationsmust be consistent with (but notidentical to) the wasteload allocations inTMDLs. See 40 CFR 122.44(d)(1)(vii)(B).Effluent limitations for point sourcedischarges of storm water may benarrative limitations that are expressedin terms of best management practices(BMPs). This policy is consistent withEPA’s approach in its Interim Permitting



Approach For Water Quality-BasedEffluent Limitations in Storm WaterPermits (September 1996, EPA 833–D–96–001). This interim approach allowslimits to be expressed in the form ofBMPs as a means of satisfying therequirement that limits derive from andcomply with water quality standardsand are consistent with an EPAapproved or established TMDL.

All dischargers who discharge thepollutant for which the waterbody isimpaired must be accounted for in theTMDL. Every point source dischargerlocated on the impaired waterbody anddischarging the pollutant for which thewaterbody is impaired must beaccounted for under a wasteloadallocation. The State may choose,however, to give a discharger awasteload allocation that would notrequire any reduction in loading. Inother words, all facilities dischargingthe pollutant for which the waterbody isimpaired must be subject to a wasteloadallocation but all facilities subject to awasteload allocation may not berequired to reduce their loads.

Comment f: Several commentersrequested guidance on how toadequately evaluate a discharge’seligibility under Part 1.2.3.8 and 1.2.3.9of the permit.

Response f: EPA intends the analysisto be similar to what a permittee underthe previous MSGP had to do inaccordance with Part I.B.3.f. of thatpermit. The applicant must availhimself of all discharge characterizationdata or estimation of discharge characterand determine compliance. If thepermittee is able to evaluate eligibilityon his own because he has access toState Water Quality Standards, 303(d)lists, TMDLs etc. (all of which areavailable either from the permit issuingauthority or in some cases, online) thenhe can make his determination,document the determination process inhis pollution prevention plan, and signthe NOI. In other cases, the Director maynotify him that he is not eligible forcoverage if such a determination ismade independently, and may requirean application for an individual permit.

Comment g: One commenterrequested confirmation that Part1.2.3.8.1 applies to facilities constructedafter August 13, 1979 that have not yetbeen issued an NPDES permit.

Response g: Part 1.2.3.8.1 applies todischarges, not facilities, that havebegun after August 13, 1979 that havenot yet been authorized by an NPDESpermit.

Section V.D—AntidegradationComment a: The proposed

requirements do not accurately reflect

States’ anti-degradation policy.Commenters stated that anti-degradationdoes not hold a permittee accountableuntil a State’s policy is interpreted intoa permit. The State’s review of thegeneral permit under the CWA 401 isthe extent of applicable anti-degradationreview. Therefore, delete Part 1.2.3.9.since an individual discharger applyingfor general permit coverage cannotdetermine how the State’s anti-degradation policy, especially regardingthe Tier 2 ‘‘high quality water’’provisions, will be implemented at aparticular facility.

Response a: EPA, in Sections 1.2.3.8.1and 1.2.3.8.2, was merely conditioninga discharger’s eligibility for coverageunder the MSGP upon meeting certainexisting conditions and requirements inEPA’s NPDES regulations which applyin all applicable circumstancesinvolving both individual and generalpermits. In doing so, EPA intended tomerely restate those existing conditionsand requirements as eligibilityrequirements under the MSGP.Specifically, EPA’s intention in section1.2.3.8.1 was to condition a newdischarger’s eligibility for coverageunder the MSGP upon meeting theexisting regulatory conditions under 40CFR 122.4(i). A new discharger,therefore would not be eligible forcoverage under the MSGP if itsdischarge would ‘‘cause or contribute toa violation of a water quality standard.’’As mentioned, this regulation isapplicable to all new dischargersirrespective of the type of permit theyare seeking coverage under; there is nolanguage in this regulation that exemptsnew dischargers seeking coverage undera general permit. EPA, in section1.2.3.8.1 of the MSGP, did not intend tocreate any confusion or change anyexisting interpretation of the currentregulatory language referred to in thatsection. To avoid confusion EPA istherefore amending the language insection 1.2.3.8.1 to state that ‘‘you arenot authorized to discharge if yourdischarge is prohibited under 40 CFR122.4(i).’’

EPA acknowledges that the MSGPmay not contain monitoringrequirements for a pollutant for whicha waterbody is listed as impaired. Thisdoes not eliminate the burden of thedischarger in determining that itseffluent does not cause or contribute toa violation of water quality standards.Section 1.2.3.8.1 in the MSGP is aneligibility provision which restatesexisting regulatory requirements, it doesnot create new restrictions on anydischargers. If a discharger cannot meetthe eligibility requirements, then thatdischarger is not authorized to discharge

under the MSGP. Under existingregulations, EPA has the discretion toestablish whatever eligibilityrequirements that it believes areappropriate. Again, section 1.2.3.8.1 isan eligibility provision that does nomore than restate existing regulatoryrequirements as a condition of beingauthorized to discharge under thepermit. It does not dictate, establish orrestrict the use of any particularframework, effluent limits or permitconditions within the permit itself ordescribe or restate any newinterpretation of the underlyingregulations which it refers to.

EPA’s intention in section 1.2.3.8.2was to condition a discharger’seligibility for coverage under the MSGPupon meeting the existing regulatoryrequirements under existing 40 CFR122.44(d)(1)(vii)(B). This section ofEPA’s regulations requires permittingauthorities to develop effluent limits inpermits that are ‘‘consistent with theassumptions and requirements of anyavailable wasteload allocation for thedischarge prepared by the State andapproved by EPA pursuant to 40 CFR130.7’’ (EPA’s existing TMDLregulations). This requirement appliesto all NPDES permits both individualand general permits.

Wasteload allocations can beexpressed in different ways, including,percent loading reductions. See 40 CFR130.2(i) ‘‘* * *TMDLs can be expressedin terms of either mass per time,toxicity, or other appropriate measures* * *.’’ Effluent limitations must beconsistent with (but not identical to) thewasteload allocations in TMDLs. See 40CFR 122.44(d)(1)(vii)(B). Effluentlimitations for point source dischargesof storm water may be narrativelimitations that are expressed in termsof best management practices (BMPs).This policy is consistent with EPA’sapproach in its Interim PermittingApproach For Water Quality-BasedEffluent Limitations in Storm WaterPermits (September 1996, EPA 833–D–96–001). This interim approach allowslimits to be expressed in the form ofBMPs as a means of satisfying therequirement that limits derive from andcomply with water quality standardsand are consistent with an EPAapproved or established TMDL.

The commenter correctly recognizesthe difficulty in determining whatdefines ‘‘necessary to accommodateimportant economic or socialdevelopment’’ in accordance with 40CFR Section 131.12(a)(2). By statute,this determination involves publicparticipation, the assurance that waterquality will be protected, and severalother factors. EPA would have to modify



the permit for each discharge inquestion in order to comply with 40CFR Section 131.12(a)(2). Individualconsiderations such as these arecontrary to the concept of a generalpermit. In addition, public participationwould be impossible since the permitissuing authority would not know aboutthe particular discharge to tier 2 watersbefore a NOI was submitted. Therefore,a facility operator must seek coverageunder an individual permit to dischargeto tier 2 waters under 40 CFR Section131.12(a)(2)’s allowable degradationprovisions to satisfy the requirementsfor public participation and protectionof water quality. The only dischargesallowed coverage under today’s permitare those which do not degrade the useof a tier 2 water below its existinglevels, even though those existing levelsexceed levels necessary to supportpropagation of fish, shellfish andwildlife and recreation in and on thewater.

Comment b: While the eligibilityrequirements disallow the discharge tocause and contribute to the impairedwater, the permit doesn’t requiremonitoring for the pollutant of concern.This presents the potential for thepermit issuing authority to determinethat a discharge causes or contributes ata later date than the submittal of theNOI, effectively creating a violation ofthe permit without the permittee beingable to know of it or prevent it.

Response b: There will be situationswhere an NOI is accepted by the permitissuing authority and coverage providedto a facility that did not meet theeligibility requirements. Othersituations include changes, such as theapproval of a TMDL, which may causea discharge to no longer be eligible.Upon learning of these types ofsituations, the Director may eitherrequire the permittee to submit anapplication for an individual NPDESpermit, take an enforcement action,allow the facility to eliminate theconcern, or any combination of theseactions.

Comment c: The eligibilityrequirements require the permittees topredict the final requirements of theTMDL rule and the final loadings ofTMDLs approved in the future. Part1.2.3.8.1 shouldn’t be included in thepermit because it inaccurately applies122.4(i) to general permittees.

Response c: EPA, in Sections 1.2.3.8.1and 1.2.3.8.2, was merely conditioninga discharger’s eligibility for coverageunder the MSGP upon meeting certainexisting conditions and requirements inEPA’s NPDES regulations which applyin all applicable circumstancesinvolving both individual and general

permits. In doing so, EPA intended tomerely restate those existing conditionsand requirements as eligibilityrequirements under the MSGP.Specifically, EPA’s intention in section1.2.3.8.1 was to condition a newdischarger’s eligibility for coverageunder the MSGP upon meeting theexisting regulatory conditions under 40CFR 122.4(i). A new discharger,therefore would not be eligible forcoverage under the MSGP if itsdischarge would ‘‘cause or contribute toa violation of a water quality standard.’’As mentioned, this regulation isapplicable to all new dischargersirrespective of the type of permit theyare seeking coverage under; there is nolanguage in this regulation that exemptsnew dischargers seeking coverage undera general permit. EPA, in section1.2.3.8.1 of the MSGP, did not intend tocreate any confusion or change anyexisting interpretation of the currentregulatory language referred to in thatsection. To avoid confusion EPA istherefore amending the language insection 1.2.3.8.1 to state that ‘‘you arenot authorized to discharge if yourdischarge is prohibited under 40 CFR122.4(i).’’

EPA’s intention in section 1.2.3.8.2was to condition a discharger’seligibility for coverage under the MSGPupon meeting the existing regulatoryrequirements under existing 40 CFR122.44(d)(1)(vii)(B). This section ofEPA’s regulations requires permittingauthorities to develop effluent limits inpermits that are ‘‘consistent with theassumptions and requirements of anyavailable wasteload allocation for thedischarge prepared by the State andapproved by EPA pursuant to 40 CFR130.7’’ (EPA’s existing TMDLregulations). This requirement appliesto all NPDES permits both individualand general permits.

Comment d: The final permit needs tobe clear that the requirements of Part1.2.3.8.2 only apply to the pollutant ofconcern in the TMDL actually beingdischarged by the facility. This idea isin Part 1.2.3.8.1. and should be includedin 1.2.3.8.2 as well. Similarly, EPAshould lift the new source and newdischarger restrictions if there is not astorm water component of the approvedTMDL. The final permit should clarifythat a facility may not have a specificallocation in an approved TMDL and assuch may still be eligible for the generalpermit.

Response d: Section 1.2.3.8.2 of theMSGP contains the eligibilityrequirement that discharges beconsistent with an EPA established orapproved TMDL. EPA agrees with thecommenter’s suggestion that Section

1.2.3.8.2 should clearly state that suchrequirement is only applicable tofacilities discharging the pollutant forwhich the TMDL is established. EPA istherefore, adding this language toSection 1.2.3.8.2.

Comment e: The eligibilityrequirements in Part 1.2.3.9 defeat theconcept of efficiency of a general permitand should be removed. EPA does nothave the authority to require theapplicant to assess if they support theuse classification of the receiving waterbecause it increases the cost of applyingfor general permit coverage which hasnot been evaluated by EPA under theUnfunded Mandates Reform Act.Furthermore, the duty to determinewhether or not a discharge supports theuse classification of a receiving water isthe permit issuing authority’sresponsibility.

Response e: The concept of thegeneral permit is to reduce theadministrative burden on EPA and theregulated community by issuing onepermit for many facilities that wouldotherwise all have exactly the sameconditions in their individual permits. Ifa facility is not like other ones where itwould have different permit conditionsit should not apply for the generalpermit in question. This general permitonly applies to facilities that support theuse classification of the receivingwaters. If they do not, EPA is notobligated to change the general permitto include them. The applicant mustseek alternate permit coverage. It is thepermit issuing authority’s responsibilityto ensure that the conditions of thegeneral permit support useclassifications. It is not theirresponsibility to ensure that eachindividual discharge authorized by thepermit supports the use. The eligibilityrequirements are there to indicate thetype of facility that can be coveredunder the permit. The efficiencyintended by a general permit is toreduce the number of individualpermits and to make application forNPDES permit easier for those whoqualify for the coverage under thegeneral permit.

Comment f: The final permit needs tobe clear that a facility may not have aspecific allocation in an approvedTMDL and as such may still be eligiblefor the general permit.

Response f: EPA agrees in part withthe commenter that there may becircumstances under which it is notnecessary that all dischargers receiveindividual wasteload allocations. EPA’sregulations at 40 CFR 130.2 define awasteload allocation as the portion ofthe receiving water’s loading capacitythat is allocated to one of its existing or



future point sources of pollution. EPAhas interpreted this regulation to meanthat each point source must be given anindividual wasteload allocation when itis feasible to calculate such a wasteloadallocation. EPA believes that states mayfind it infeasible to calculate individualwasteload allocations for all pointsources covered by a specific generalpermit. In that case, the TMDL wouldestablish individual wasteloadallocations for dischargers subject toindividual permits, whereas dischargerssubject to a general permits would beaccounted for in the aggregate under asingle wasteload allocation specific tothe general permit under which they areauthorized to discharge.

Comment g: Lift the new source/newdischarger restriction if there is not astorm water component of the approvedTMDL.

Response g: EPA, in Sections 1.2.3.8.1and 1.2.3.8.2, was merely conditioninga discharger’s eligibility for coverageunder the MSGP upon meeting certainexisting conditions and requirements inEPA’s NPDES regulations which applyin all applicable circumstancesinvolving both individual and generalpermits. In doing so, EPA intended tomerely restate those existing conditionsand requirements as eligibilityrequirements under the MSGP.Specifically, EPA’s intention in section1.2.3.8.1 was to condition a newdischarger’s eligibility for coverageunder the MSGP upon meeting theexisting regulatory conditions under 40CFR 122.4(i). A new discharger,therefore would not be eligible forcoverage under the MSGP if itsdischarge would ‘‘cause or contribute toa violation of a water quality standard.’’As mentioned, this regulation isapplicable to all new dischargersirrespective of the type of permit theyare seeking coverage under; there is nolanguage in this regulation that exemptsnew dischargers seeking coverage undera general permit. EPA, in section1.2.3.8.1 of the MSGP, did not intend tocreate any confusion or change anyexisting interpretation of the currentregulatory language referred to in thatsection. To avoid confusion EPA istherefore amending the language insection 1.2.3.8.1 to state that ‘‘you arenot authorized to discharge if yourdischarge is prohibited under 40 CFR122.4(i).’’

Section V.E Discharges Not PreviouslyCovered by an Individual Permit

Comment: One commenter requestedclarification of the permit requirementat Part 1.2.3.3.2.3 to include any specificstorm water BMPs from the oldindividual permit in the Storm Water

Pollution Prevention Plan whentransferring from an individual permitto the MSGP. The commenterinterpreted this condition to mean thatonly those specific storm water BMPsfrom the old individual permit (andareas associated with outfalls from theold permit) needed to be included in thePlan, and noted an apparentinconsistency on page 17021, Item F, ofthe preamble which states that the Planmust address the entire facility.

Response: When transferring from anindividual permit to the MSGP, therequirement at Part 1.2.3.3.2.3 toinclude any specific storm water BMPsfrom the old individual permit in theStorm Water Pollution Prevention Planis in addition to and not in lieu of thebasic requirements in Part 4. However,the BMPs brought over from the oldindividual permit may satisfy one ormore of the ‘‘basic’’ Storm WaterPollution Prevention Plan requirementsunder Part 4 and/or the sector-specificrequirements under Part 6. There couldbe areas at a facility (e.g., employeeparking lots) that do not need to beaddressed under the permit (andSWPPP) unless the runoff from suchareas commingles with storm waterassociated with industrial activity (orwas previously permitted).

Section VI.A NotificationRequirements

Comment a: The commentersupported the use of electronic filing ofNOIs, but expressed concern thatfacilities without Internet access wouldbe at a disadvantage.

Response a: It is not the intention ofEPA to only accept electronicsubmittals. Electronic submittal isanother alternative which, hopefully,will be available to the regulatedcommunity in the near future.

Comment b: The commenter does notsupport any changes to the NOI form,and expects any changes to comply withthe Paperwork Reduction Act.

Response b: Any changes to the NOIform that result in an increase in burdenfor the applicant must first be reviewedand approved by the Office ofManagement and Budget. Part of thisreview includes compliance with therequirements of the PaperworkReduction Act. Changes to the NOI formpublished in today’s permit werelimited to those that provideclarification in information, as well asthose changes that reflect changes in thestorm water permits issued by EPA. EPAhas determined that these changes donot represent an increase in burden forcompleting the NOI form. As noted inSection 2.2, the more extensive changeslisted in the March 30, 2000 proposal

need to complete their OMB reviewbefore they can be included in the NOIform.

Comment c: A commenter supportedinclusion of the no exposurecertification form as an addendum tothe MSGP–2000.

Response c: EPA agrees that providingthe form with the permit is aconvenience for facilities qualifying forthe no exposure exemption. Thecertification form is an addendum to thepermit.

Section VI.B Special ConditionsComment a: The Agency is shifting its

responsibility regarding meetingminimum technology standards inNPDES permits to the discharger.

Response a: EPA expects that when afacility submits an NOI they are familiarwith both the permit and their facility.They should be able to determine theireligibility. The permitting authority mayconcur with the facility’s assessment, ornot. EPA does not believe that it hasshifted its responsibility on this matter.

Comment b: There was a request toclarify the requirements in the MSGP–2000 regarding co-located facilities.

Response b: A facility is consideredco-located if there is a second industrialactivity occurring which meets thedefinition of storm water dischargeassociated with industrial activity. Forexample, a facility operates an autosalvage yard and also has an area onsitefor scrap recycling. The facility as awhole would meet the requirements forSector M—Auto salvage. The area wherescrap recycling occurs would meet therequirements for Sector N—ScrapRecycling. Any storm water dischargesfrom the scrap recycling area needs tomeet the requirements for both sectors.The second activity may or may not berelated to the primary industrialactivity. The determination as towhether something is co-located rests inthe definition of storm water dischargesassociated with industrial activity. If asecond activity exists at a facility whichmeets one of the categories in thedefinition, then the facility has co-located industrial activities.

Section VI.C Common PollutionPrevention Plan Requirements

Comment a: A commenter expressedconcern about various interpretationsand implementation of the storm waterprogram, including incorporation ofeffluent limits, and stressed ‘‘* * * It isimperative that the Agency maintainsthat SWPPP requirements be interpretedand implemented in a practicable andeconomically feasible manner.’’

Response a: EPA believes that properimplementation of storm water BMPS



will achieve compliance with waterquality standards. EPA is responsible forimplementation of the storm waterprogram in eight states, variousterritories, including Puerto Rico andDistrict of Columbia; and various IndianCountry lands throughout the country.For the remaining 42 states, the stateagency is responsible for programimplementation. They have theauthority to interpret and implement theprogram as appropriate for their state. Itcontinues to be EPA’s policy not toinclude effluent limitations in stormwater permits. However, a state maychoose to follow a different policy thanEPA’s.

Comment b: There is not a specificmention of catch basin inserts or fillerson the listing of BMPs.

Response b: In discussions concerningBMPs, EPA attempted to provide someexamples of various types of BMPs. Byno means is the listing intended to beall inclusive. EPA acknowledges thatthere are other BMPs, such as catchbasin inserts or fillers, that were notmentioned in discussions but may beappropriate in various circumstances.

Section VI.E Monitoring and ReportingRequirements

Comment a: Monitoring results are anunreliable indicator of a dischargeproblem and they do not provideconfirmation of a problem. Permitteescannot use results to support facilitymanagement.

Response a: EPA believes that sinceanalytic monitoring has been performedby substantial numbers of permitteesonly during the fourth year of the 1995MSGP (many facilities complying withmonitoring requirements in the fourthyear were covered under the earlierbaseline general permit during thesecond monitoring year and,consequently, had no equivalentmonitoring requirement), it is prematureto make any final conclusions regardingthe value of the Agency’s acquisition ofthe monitoring data or to considerdropping the monitoring. In essence, thefourth-year monitoring data set EPAreceived represents the baseline ofpollutant discharge information underthe sector-specific industrial generalstorm water permit. Several rounds ofmonitoring significantly enhances theutility of the results for evaluating theeffectiveness of management practices atthe site as well as for the industry sectoras a whole. EPA commits to using datafrom the 1995 and 2000 permits toevaluate the effectiveness ofmanagement practices on an industrysector basis and to evaluate the need forchanges in monitoring protocols for thenext permit.

EPA acknowledges that, consideringthe small number of samples requiredper monitoring year (four), and thevagaries of storm water discharges, itmay be difficult to determine or confirmthe existence of a discharge problem asa commenter claimed. When viewed asan indicator, analytic levelsconsiderably above benchmark valuescan serve as a flag to the operator thathis SWPPP needs to be reevaluated andthat pollutant loads may need to bereduced. Conversely, analytic levelsbelow or near benchmarks can confirmto the operator that his SWPPP is doingits intended job. EPA believes there ispresently no alternative that providesstakeholders with an equivalentindicator of program effectiveness.

Comment b: Monitoring results arenot necessarily an indicator of BMPeffectiveness and EPA never justifiedthat they are.

Response b: While not practicable forEPA to require an increase inmonitoring, operators are encouraged tosample more frequently to improve thestatistical validity of their results.Unless the proper data acquisitionprotocol for making a valid BMPeffectiveness determination is rigorouslyfollowed, any other method used toassess BMP effectiveness would bequalitative, and therefore less reliable.The least subjective approach, and mostbeneficial to operators and stakeholders,EPA believes, remains a combination ofvisual and analytic monitoring, usinganalyte benchmark levels to targetpotential problems. Statisticaluncertainties inherent in the monitoringresults will necessitate both operatorsand EPA exercising best professionaljudgment in interpreting the results.When viewed as an indicator, analyticlevels considerably above benchmarkvalues can serve as a flag to the operatorthat his SWPPP needs to be reevaluatedand that pollutant loads may need to bereduced. Conversely, analytic levelsbelow or near benchmarks can confirmto the operator that his SWPPP is doingits intended job.

Comment c: Alternate test methodscan be used for determiningeffectiveness of BMPs at a facility, andbenchmarks will need modifying toaccount for variability in test methods.

Response c: A technically valid,deterministic investigation of BMPeffectiveness would necessarily involvecollecting discharge pollutant load databefore and after the BMP. Theconstraints inherent in monitoringpreclude requiring this kind ofinvestigation. All other methods used tomake an assessment of SWPPP/BMPeffectiveness are qualitative. The leastsubjective approach, and most

beneficial to operators and stakeholders,EPA believes, is a combination of visualand analytic monitoring, using analytebenchmark levels (or ‘‘targets’’) as anindicator of potential problems.Vagaries of storm discharges andstatistical concerns will necessitateoperators and EPA exercising bestprofessional judgment in interpretingthe results of any monitoring. Whenviewed as an indicator, analytic levelsconsiderably above benchmark valuescan serve as a flag to the operator thathis SWPPP needs to be reevaluated andthat pollutant loads may need to bereduced. Conversely, analytic levelsbelow or near benchmarks can confirmto the operator that his SWPPP is doingits intended job.

Comment d: (a) The presumption ofan impact on water quality standards bystorm water is inappropriate given theepisodic nature of storms. (b) EPArecognizes that during a storm, waterquality standards will not always bemet, so EPA shouldn’t rely on waterquality standards at a discharge point todetermine if a facility is in compliance.(c) Monitoring has marginal value inassessing and protecting water quality.

Response d: (a) It is true that manyimpacts of storm water are short-termand that many pollutants are not reallytoxic or bioaccumulative. A short termwater quality standard violation is notnecessarily going to persist long enoughto be toxic. (b) In the absence ofestablishing discharge pollutant loadsthat correlate directly to a receivingwater, as would be done for anindividual permit, EPA settled onbenchmark levels which would, undernearly all scenarios, be protective ofwater quality standards. Recognizing theshortcomings of these generic pollutantlevels, EPA only intends for them to beused as indicators of possible problemsand as a flag to reevaluate the SWPPP—not as a trigger to begin mandatorySWPPP or operational revisions unless,after employing BPJ, the operator deemssuch revisions are necessary. (c) Whileend-of-pipe/end-of-property analyticmonitoring for storm water may notreflect potential impacts to waterquality, EPA does not intend to use thedata for that purpose.

Comment e: EPA needs to reevaluatethe validity of benchmark values.

Response e: Universal benchmarklevels cannot be established; the nextbest thing would be storm waterpollutant loadings vis-a-vis watersegment-specific TMDLs. But whenused as a target or indicator, withoutrequiring specific corrective actionsbeyond using BPJ to reassess presentconditions and make any changesdeemed necessary, the present



benchmarks are adequate. In specificsituations operators may reasonablyconclude, after analyzing monitoringresults above benchmarks, their presentSWPPPs/BMPs are adequatelyprotective of water quality, or that otherconditions such as discharging to low-quality, ephemeral streams may obviatethe need for SWPPP/BMP revisions.

Comment f: Monitoring divertsresources from more effectiveimplementation of SWPPPs. EPA shouldfocus on pollution prevention, instead.

Response f: In developing themonitoring requirements, i.e., pollutantsof concern, monitoring waivers, etc.,along with providing sampling andmonitoring guidances, EPA endeavoredto make the financial burden as minimalas possible. Four quarterly samples is aminimal data set for evaluating theeffectiveness of SWPPPs. Those leastable to afford expansive monitoringprograms, i.e., small businesses, likelyhave few outfalls to begin with. EPAbelieves that if monitoring is required ata facility, it should be planned for andbudgeted as a cost of doing business.

Comment g: Permittees fearbenchmark limits would be viewed aseffluent limitations.

Response g: EPA agrees thatbenchmark limits are not effluentlimitations and should not be used, inand of themselves, as the basis forissuing an enforcement violation.

Comment h: Storm water dischargevariability can be caused byatmospheric/dry deposition, run on andfate in transport; facilities withstructural leachate are at a disadvantagevis-a-vis those without the problem.

Response h: EPA acknowledges thepotential for adding pollutants to afacility’s discharges from external orstructural sources. A permittee is,nonetheless, still legally responsible forthe quality of all discharges from his/hersite—but not from pollutants that maybe introduced outside the boundaries ofhis/her property or the areas where his/hers structures, industrial activities ormaterials are located. Anything thatincreases the pollutant load in therunoff prior to leaving the site, whetheroriginating from air deposition, run-onfrom nearby sites, or leachate from on-site structures, remains theresponsibility of the permittee. This wasaffirmed in the ruling by theEnvironmental Appeals Board againstthe General Motors Corp. CPC-PontiacFiero Plant in December 1997.

Comment i: Allow pollutant creditsfor background sources of pollution.

Response i: Pollutant credits forbackground sources of pollution isunfeasible for storm water. Either EPAor the permittee would have to

determine the pollutant loads of boththe run-on and runoff to calculatepollutant credits. Resources areinsufficient to implement this practice.

Comment j: Differences in monitoringresults may result from changes inbusiness conditions; changes inpersonnel doing monitoring can makeobservations/discharge examinationsunreliable.

Response j: EPA published guidanceon both monitoring and samplingprocedures (available from EPA’s Officeof Water Resource Center) tostandardize data collection practices.

Comment k: The same person cannotalways do monitoring. Having to rely ondifferent people is bad for consistencyin recording observations and makingdischarge examinations.

Response k: EPA requires thatpersonnel implementing the SWPPP beprovided training as an element of theSWPPP. This training must coverprogram elements to ensure the qualityand validity of all information collected.

Comment l: Sampling can bedangerous.

Response l: EPA provides waivers andoptions such that extreme weather orperilous conditions are accounted for.

Comment m: Determining whether astorm qualifies to be monitored isdifficult.

Response m: EPA has always definedwhat constitutes a storm event worthyof monitoring. Modern weatherforecasting is making it easier toanticipate and plan for qualifyingstorms.

Comment n: Monitoring in remotewest or arid/semi-arid areas is difficultand burdensome.

Response n: EPA has always hadaccommodations and waivers for lack ofqualifying storm events. See EPAResponse o below.

Comment o: EPA should reduceanalytic monitoring and visualmonitoring based on average rainfall(similar to Phase II regulations).

Response o: EPA already allowspermittees to skip monitoring in anyquarter in which no qualifying stormevents occur.

Comment p: Some discharges (in thewest) occur only infrequently andsometimes only to isolated, ephemeralstreams (which may have no indigenousbiota).

Response p: Ephemeral streams maystill eventually flow into permanentwaters of the U.S.; hence, protectivemeasures may still be needed to protectwater quality. If there are truly no waterquality standards established for anephemeral stream and the outflow doesnot feed another water body, then it’slikely there would not be a ‘‘point

source discharge’’ and no permit wouldbe required. Only those point sourcedischarges to waters of the U.S. need tobe included in a SWPPP.

Comment q: Continuation ofmonitoring is not justified, especiallyfor mining sectors.

Response q: EPA believes that sinceanalytic monitoring has been performedby substantial numbers of permitteesonly during the fourth year of the 1995MSGP (many facilities complying withmonitoring requirements in the fourthyear were covered under the earlierbaseline general permit during thesecond monitoring year and,consequently, had no equivalentmonitoring requirement), it is prematureto make any final conclusions regardingthe value of the Agency’s acquisition ofthe monitoring data or to considerdropping the monitoring. In essence, thefourth-year monitoring data set EPAreceived represents the baseline ofpollutant discharge information underthe sector-specific industrial generalstorm water permit. Several rounds ofmonitoring significantly enhance theutility of the results for evaluating theeffectiveness of management practices atthe site as well as for the industry sectoras a whole. EPA commits to using datafrom the 1995 and 2000 permits toevaluate the effectiveness ofmanagement practices on an industrysector basis and to evaluate the need forchanges in monitoring protocols for thenext permit.

EPA acknowledges that, consideringthe small number of samples requiredper monitoring year (four), and thevagaries of storm water discharges, itmay be difficult to determine or confirmthe existence of a discharge problem asa commenter claimed. When viewed asan indicator, analytic levelsconsiderably above benchmark valuescan serve as a flag to the operator thathis SWPPP needs to be reevaluated andthat pollutant loads may need to bereduced. Conversely, analytic levelsbelow or near benchmarks can confirmto the operator that his SWPPP is doingits intended job. EPA believes there ispresently no alternative that providesstakeholders with an equivalentindicator of program effectiveness.

Comment r: EPA has not providedguidance on monitoring snow meltevents.

Response r: EPA does not have anyspecific guidance on this matter at thepresent time. Guidance may bedeveloped in the future. In the interim,however, EPA believes that facilitiesshould be able to obtain reasonablyrepresentative samples using their bestjudgment. Two important points mustbe considered to ensure the snow melt



sample is representative: (1) The meltedrunoff must come in contact with anypollutants of concern present and not beoverly ‘‘contaminated’’ withconcentrated surficial deposits ofhydrocarbons, dirt, salt, etc., and (2) themelted runoff must have characteristicsthat approximate those of a monitor-qualifying rain storm (0.1 inch runoffvolume, sampled within the first 1⁄2 upto 1 hour).

Comment s: (a) In addition tomonitoring results, EPA should alsorequire submission of a description ofstorm water controls beingimplemented. (b) EPA should requirefacilities to monitor for pollutantssimilar to what would be done under anindividual permit (to ensure BMPs arebeing implemented). (c) Monitoring willaid the permittee, permitting authorityand the public in understanding thesources and toxicity of storm water at asite.

Response s: (a) EPA already requiresthat all BMPs and other controls bedescribed in the SWPPP, includinginspections, maintenance, etc. Any BMPchanges or additions must be added toan updated SWPPP, so EPA will notrequire this information be formallysubmitted. If EPA needs to inspect afacility or determine an enforcementissue, the facility’s SWPPP will bereviewed for BMP information. (b)Customizing a facility’s monitoringrequirements is tantamount to writingan individual permit for the facility,which would require the sameapplication package as for an individualpermit. This is an option for thosefacilities where discharges or receivingwaters are a concern but, otherwise,EPA believes the requirements of thepresent general permit with theidentified pollutants of concern issufficient for a large majority offacilities. (c) EPA agrees that monitoringcan be used as an indicator of potentialproblems or toxicity concerns.

Comment t: Submit DischargeMonitoring Reports (DMRs) along withNOIs to prove compliance. If no DMRswere submitted under the currentMSGP, require quarterly monitoring forall five years of MSGP–2000.

Response t: DMR and NOI submissiondeadlines have not coincided in the pastand, from a regulatory perspective, it isnot feasible to link them. Past instancesof non-compliance are an enforcementissue with established penalties in theCFRs, but these instances do notautomatically preclude future permitcoverage nor can EPA include separate‘‘penalties’’ such as 5-year monitoring inthe permit for them.

Comment u: Analytic monitoring maybe good for general info, which may be

of use to the facility and regulatoryagency, but it should not be requiredunder the permit. Only visualmonitoring should be required. Onecommenter indicated that analyticmonitoring may be good for watershed-wide indications of general trends.

Response u: EPA believes that sinceanalytic monitoring has been performedby substantial numbers of permitteesonly during the fourth year of the 1995MSGP (many facilities complying withmonitoring requirements in the fourthyear were covered under the earlierbaseline general permit during thesecond monitoring year and,consequently, had no equivalentmonitoring requirement), it is prematureto make any final conclusions regardingthe value of the Agency’s acquisition ofthe monitoring data or to considerdropping the monitoring. In essence, thefourth-year monitoring data set EPAreceived represents the baseline ofpollutant discharge information underthe sector-specific industrial generalstorm water permit. Several rounds ofmonitoring significantly enhance theutility of the results for evaluating theeffectiveness of management practices atthe site as well as for the industry sectoras a whole. EPA commits to using datafrom the 1995 and 2000 permits toevaluate the effectiveness ofmanagement practices on an industrysector basis and to evaluate the need forchanges in monitoring protocols for thenext permit.

EPA acknowledges that, consideringthe small number of samples requiredper monitoring year (four), and thevagaries of storm water discharges, itmay be difficult to determine or confirmthe existence of a discharge problem.When viewed as an indicator, analyticlevels considerably above benchmarkvalues can serve as a flag to the operatorthat his SWPPP needs to be reevaluatedand that pollutant loads may need to bereduced. Conversely, analytic levelsbelow or near benchmarks can confirmto the operator that his SWPPP is doingits intended job. EPA believes there ispresently no alternative that providesstakeholders with an equivalentindicator of program effectiveness. Atechnically valid, deterministicinvestigation of BMP effectivenesswould necessarily involve collectingdischarge pollutant load data before andafter the BMP. The constraints inherentin monitoring preclude requiring thiskind of investigation. All other methodsused to make an assessment of SWPPP/BMP effectiveness are qualitative.Quarterly visual monitoring of stormwater discharges has always been apermit requirement, for many of thesame reasons why commenters favor it,

and will continue to be so. The leastsubjective approach, and mostbeneficial to operators and stakeholders,EPA believes, is a combination of visualand analytic monitoring, using analytebenchmark levels (or ‘‘targets’’) as anindicator of potential problems.Variability of storm discharges andstatistical concerns will necessitateoperators and EPA exercising bestprofessional judgement in interpretingthe results of any monitoring.

Monitoring in impaired water bodieswould focus attention on the problemwater bodies and possible pollutantsources. However, not all impairedwater bodies and their impairmentshave been determined. The goal ofEPA’s storm water program is also toprotect and maintain water quality, notjust remediate impaired waters, sofocusing on impaired waters only doesnot fulfill all the program’sresponsibilities.

Comment v: If monitoring results arebelow the benchmark, facilities shouldnot be required to monitor unless thereare major changes to the facility.

Response v: Several rounds ofmonitoring significantly enhances theutility of the results for evaluating theeffectiveness of management practices atthe site as well as for the industry sectoras a whole. EPA is keeping themonitoring requirement for all specifiedsectors at least one more time to providestakeholders with continued assurancethat SWPPPs are being implemented,concerted efforts to protect water qualityare ongoing, and a mechanism is inplace to indicate potential problems.The previous second year monitoringwaiver for facilities with pollutantlevels below the benchmark level isbeing retained.

Comment w: Substantially identicaloutfalls reduces burden and is beneficialto SWPPP implementation.

Response w: Noted.

Visual MonitoringComment x: Numerous commenters

supported dropping analytic monitoringfrom the MSGP–2000 in favor of justrequiring quarterly visual monitoring.Commenters claimed visual monitoringis adequate to ensure compliance andenvironmental protection (especiallycoupled with training), and is leastburdensome.

Response x: Quarterly visualmonitoring of storm water dischargeshas always been a permit requirement,for many of the same reasons whycommenters favor it, and will continueto be so. EPA will also be retaininganalytic monitoring because we believethe best way to ensure SWPPPeffectiveness and protection of water



quality is through a combination ofvisual and analytic monitoring. Thereasons for not adopting visualmonitoring only are explained further inthe rationale for justifying quarterlyanalytic monitoring.

Comment y: Operators need flexibilityto collect representative samples forvisual monitoring.

Response y: EPA believes the samerepresentative sample reductionprovided for analytic monitoring isinappropriate for the quarterly visualmonitoring. A visual examination of alldischarges is the least that operators cando to ensure all discharges are clean andwould provide greater confirmation tothemselves and other stakeholders thatthe representative discharge samplereduction claimed for analyticmonitoring is, in fact, justified.

Comment z: Support visualmonitoring with use of field test kits,which are cheaper and easier than 40CFR 136.

Response z: Field test kits have notyet been confirmed as being as reliableas currently required analyticalmethods. Therefore, EPA is not allowingthe use of kits in place of currentlyrequired analytical methods at this time.

Comment aa: Make visual evaluationsstandard.

Response aa: EPA has standardprotocols for storm water sampling (thestorm water sampling guidance can beobtained from EPA’s Office of WaterResource Center at 202–260–7786) andthe permit describes the examinationprocedures, parameters to be examined,meaning of results, etc.

Comment bb: Visual monitoringshould be reduced commensurately inarid climates.

Response bb: EPA already allowspermittees to document in theirmonitoring records that no dischargeoccurred during a monitoring quarter.

Annual Reporting

Comment cc: One option suggested bycommenters was for an annual report,possibly using a standardized form, tobe submitted to EPA detailing thepermittee’s SWPPP highlights andrevisions/additions, inspections,compliance evaluations, visualmonitoring results, etc. One commentagainst this option stated that thevolume of data submitted would be toogreat for the Agency to evaluate. Otheropponents to this option indicated thatthe reports would not contain enoughinformation to evaluate SWPPPeffectiveness, ensure water qualityprotection, or provide the informationnecessary to make long-termmanagement plans. Commenters insupport of the annual report concept

held that it would provide a record ofthe permittee’s commitment to stormwater control, was better for evaluatingSWPPP effectiveness, and wouldprovide information to EPA todetermine if sampling or a siteinspection is needed.

Response cc: Information on SWPPPhighlights and revisions/additions,inspections, compliance evaluations,visual monitoring results, etc. is alreadyrequired to be documented in a facility’sSWPPP, which, if deemed necessary,must be provided to EPA on demand. Ifno monitoring data were available, anannual report could be used to ensurethat a facility is implementing itsSWPPP. The reports could also be usedto prioritize sites for inspection.However, EPA agrees that it would bevery burdensome to review all thereports and very difficult to assess theeffectiveness of a facility’s SWPPP basedon that review alone. The subjectivityinherent in annual reporting makes it anundesirable substitute for analyticmonitoring. Documenting the kind ofinformation in the annual report isalready a SWPPP requirement and is,therefore, available to operators forassessing and improving their stormwater programs. For these reasons, EPAwill not require reports containingessentially the same informationrequired in SWPPPs to be submitted inlieu of analytic monitoring.

Group Monitoring

Comment dd: Commenters alsosuggested group monitoring. In thisoption a consortium of like permitteeswould do sampling at one facility,possibly on a rotating basis. The sampleresults would represent all the facilitiesin the consortium. A variation of groupmonitoring is for the consortium toretain a consultant to do representativesampling and provide storm waterprogram guidance and evaluations.Supporters of this concept said it mayallow for comparisons of effectivenessof different SWPPP practices (e.g.,sweeping vs. catchment basin for solidscontrol). One commenter pointed outthat the feasibility of the group conceptis suspect due to the fact that individualfacilities may have different topography,soil and other natural conditions.

Response dd: EPA believes thattechnically valid BMP comparisonscould be done under this type ofprogram. However, it would be difficultand very resource-intensive for EPA toestablish criteria for group eligibilityand then monitor to ensure that groupsmet these criteria.

Watershed Monitoring

Comment ee: Commenters suggestedconducting watershed monitoring ratherthan monitoring at the facility. Thisoption involves replacing themonitoring of discrete storm waterdischarges with ambient receiving watermonitoring on a watershed basis.

Response ee: Watershed monitoring isinvaluable to making real conclusionsregarding storm water impacts of waterquality, and will be employed in makingtotal maximum daily load (TMDL)determinations. However, watershedmonitoring cannot replace facility-specific storm water dischargemonitoring to determine the loadscontributed by the facilities and toevaluate the effectiveness of the SWPPP.

Monitoring Only in Impaired Waters

Comment ff: Several commenterssupported requiring monitoring only inimpaired water bodies and forpollutants that cause the impairment.

Response ff: Although this optionwould focus attention on the problemwater bodies and possible pollutantsources, EPA and a commenter pointout that not all impaired water bodiesand their impairments have beendetermined. The goal of EPA’s stormwater program is also to protect andmaintain water quality, not justremediate impaired waters, so focusingon impaired waters only does not fulfillall the program’s responsibilities.

Section VII Cost Estimates forCommon Permit Requirements

Comment: EPA incorrectly estimatedcosts associated with the original MSGP.The new permit imposes even morecosts. EPA must better estimate thesecosts, especially for small businesses.EPA should conduct a RegulatoryFlexibility Analysis as well as performa Small Business RegulatoryEnforcement Fairness Act (SBREFA)consultation.

Response: The Regulatory FlexibilityAct (RFA), as amended by the SmallBusiness Regulatory EnforcementFairness Act (SBREFA) generallyrequires an agency to prepare aregulatory flexibility analysis for anyrule subject to notice and commentrulemaking requirements under theAdministrative Procedure Act or anyother statute. Under section 605(b) ofthe RFA, however, if the head of anagency certifies that a rule will not havea significant economic impact on asubstantial number of small entities, thestatute does not require the agency toprepare a regulatory flexibility analysis.

The MSGP–2000 provides facilitiesthe option of obtaining a general permit



rather than applying for individualpermits; it does not extend coverage ofthe existing NPDES regulations.Therefore, the costs associated withobtaining a permit were alreadyaddressed when the NPDES regulationswere issued. Furthermore, the MSGP–2000 is intended to reduce costs byproviding a streamlined procedure forobtaining permit coverage. For thesereasons, there was no requirement onEPA to conduct a separate analysis tosupport the MSGP–2000.

X. Economic Impact (Executive Order12866)

Under Executive Order 12866 [58 FR51735 (October 4, 1993)], the Agencymust determine whether the regulatoryaction is ‘‘significant’’ and thereforesubject to OMB review and therequirements of the Executive Order.The Order defines ‘‘significantregulatory action’’ as one that is likelyto result in a rule that may have anannual effect on the economy of $100million or more or adversely affect in amaterial way the economy, a sector ofthe economy, productivity, competition,jobs, the environment, public health orsafety, or State, local, or tribalgovernments or communities; create aserious inconsistency or otherwiseinterfere with an action taken orplanned by another agency; materiallyalter the budgetary impact ofentitlements, grants, user fees, or loanprograms or the rights and obligations ofrecipients thereof; or raise novel legal orpolicy issues arising out of legalmandates, the President’s priorities, orthe principles set forth in the ExecutiveOrder.

EPA has determined that the reissuedMSGP is not a ‘‘significant regulatoryaction’’ under the terms of ExecutiveOrder 12866 and is therefore not subjectto formal OMB review prior to proposal.

XI. Unfunded Mandates Reform ActSection 201 of the Unfunded

Mandates Reform Act (UMRA), PublicLaw 104–4, generally requires Federalagencies to assess the effects of their‘‘regulatory actions’’ on State, local, andtribal governments and the privatesector. UMRA uses the term ‘‘regulatoryactions’’ to refer to regulations. (See,e.g., UMRA section 201, ‘‘Each agencyshall * * * assess the effects of Federalregulatory actions * * * (other than tothe extent that such regulationsincorporate requirements specificallyset forth in law)’’ (emphasis added)).UMRA section 102 defines ‘‘regulation’’by reference to 2 U.S.C. 658 which inturn defines ‘‘regulation’’ and ‘‘rule’’ byreference to section 601(2) of theRegulatory Flexibility Act (RFA). That

section of the RFA defines ‘‘rule’’ as‘‘any rule for which the agencypublishes a notice of proposedrulemaking pursuant to section 553(b) of[the Administrative Procedure Act(APA)], or any other law * * * ’’

As discussed in the RFA section ofthis notice, NPDES general permits arenot ‘‘rules’’ under the APA and thus notsubject to the APA requirement topublish a notice of proposedrulemaking. NPDES general permits arealso not subject to such a requirementunder the CWA. While EPA publishes anotice to solicit public comment ondraft general permits, it does sopursuant to the CWA section 402(a)requirement to provide ‘‘an opportunityfor a hearing.’’ Thus, NPDES generalpermits are not ‘‘rules’’ for RFA orUMRA purposes.

EPA has determined that today’sMSGP reissuance does not result inexpenditures of $100 million or morefor State, local and Tribal governments,in the aggregate, or the private sector inany one year.

The Agency also believes that thefinal MSGP will not significantly noruniquely affect small governments. ForUMRA purposes, ‘‘small governments’’is defined by reference to the definitionof ‘‘small governmental jurisdiction’’under the RFA. (See UMRA section102(1), referencing 2 U.S.C. 658, whichreferences section 601(5) of the RFA.)‘‘Small governmental jurisdiction’’means governments of cities, counties,towns, etc., with a population of lessthan 50,000, unless the agencyestablishes an alternative definition.

Today’s final MSGP also will notuniquely affect small governmentsbecause compliance with the finalpermit conditions affects smallgovernments in the same manner as anyother entities seeking coverage underthe final permit.

XII. Paperwork Reduction ActEPA has reviewed the requirements

imposed on regulated facilities resultingfrom the final MSGP under thePaperwork Reduction Act of 1980, 44U.S.C. 3501 et seq. The informationcollection requirements of the MSGPhave already been approved in previoussubmissions made for the NPDES permitprogram under the provisions of theCWA.

XIII. Regulatory Flexibility ActThe Agency has determined that the

final MSGP being published today is notsubject to the Regulatory Flexibility Act(‘‘RFA’’), which generally requires anagency to conduct a regulatoryflexibility analysis of any significantimpact the rule will have on a

substantial number of small entities. Byits terms, the RFA only applies to rulessubject to notice-and-commentrulemaking requirements under theAdministrative Procedure Act (‘‘APA’’)or any other statute. Today’s final MSGPis not subject to notice and commentrequirements under the APA or anyother statute because the APA defines‘‘rules’’ in a manner that excludespermits. See APA section 551(4), (6),and (8).

APA section 553 does not requirepublic notice and opportunity forcomment for interpretative rules orgeneral statements of policy. In additionto finalizing the new MSGP, today’snotice repeats for the convenience of thereader an interpretation of existingregulations promulgated almost twentyyears ago. The action would impose nonew or additional requirements.

Authorization to Discharge Under theNational Pollutant DischargeElimination System

In compliance with the provisions ofthe Clean Water Act, as amended, (33U.S.C. 1251 et seq.), operators ofdischarges associated with industrialactivities that submit a complete Noticeof Intent in accordance with Part 2.2 fora discharge that is located in an areaspecified in Part 1.1 and eligible forpermit coverage under Part 1.2 areauthorized to discharge pollutants towaters of the United States inaccordance with the conditions andrequirements set forth herein.

This permit becomes effective onOctober 30, 2000.

This permit and the authorization todischarge expire at midnight, October30, 2005.



Signed and issued this 15th day ofSeptember, 2000.Linda M. Murphy,Director, Office of Ecosystem Protection,Region 1.

Signed and issued this 15th day ofSeptember, 2000.Kathleen C. Callahan,Director, Division of Environmental Planningand Protection, Region 2.

Signed and issued this 15th day ofSeptember, 2000.Joseph T. Piotrowski,Acting Director, Water Protection Division,Region 3.

Signed and issued this 12th day ofSeptember, 2000.Douglas Mundrick,Acting Deputy Division Director, WaterManagement Division, Region 4.

Signed and issued this 27th day ofSeptember, 2000.Sam Becker,Acting Director, Water Quality ProtectionDivision, Region 6.

Signed and issued this 2d day of October,2000.Stephen S. Tuber,Acting Assistant Regional Administrator,Office of Partnerships and RegulatoryAssistance, Region 8.

Signed and issued this 28th day ofSeptember, 2000.Alexis Strauss,Director, Water Division, Region 9.

Signed and issued this 14th day ofSeptember, 2000.Michael A. Bussell,Deputy Director, Office of Water, Region 10.

NPDES Multi-Sector General Permitsfor Storm Water Discharges AssociatedWith Industrial Activities

Table of Contents

1. Coverage Under This Permit1.1 Permit Area1.2 Eligibility1.3 How to Obtain Authorization Under

This Permit1.4 Terminating Coverage1.5 Conditional Exclusion for No

Exposure2. Notice of Intent Requirements

2.1 Notice of Intent (NOI) Deadlines2.2 Contents of Notice of Intent (NOI)2.3 Use of NOI Form2.4 Where to Submit2.5 Additional Notification

3. Special Conditions3.1 Hazardous Substances or Oil3.2 Additional Requirements for Salt

Storage3.3 Discharge Compliance With Water

Quality Standards4. Storm Water Pollution Prevention Plans

4.1 Storm Water Pollution PreventionPlan Requirements

4.2 Contents of Plan4.3 Maintenance4.4 Non-Storm Water Discharges

4.5 Documentation of Permit EligibilityRelated to Endangered Species

4.6 Documentation of Permit EligibilityRelated to Historic Places

4.7 Copy of Permit Requirements4.8 Applicable State, Tribal or Local

Plans4.9 Comprehensive Site Compliance

Evaluation4.10 Maintaining Updated SWPPP4.11 Signature, Plan Review and Making

Plans Available4.12 Additional Requirements for Storm

Water Discharges Associated WithIndustrial Activity From FacilitiesSubject to EPCRA Section 313 ReportingRequirements

5. Monitoring Requirements and NumericLimitations

5.1 Types of Monitoring Requirementsand Limitations

5.2 Monitoring Instructions5.3 General Monitoring Waivers5.4 Monitoring Required by the Director5.5 Reporting Monitoring Results

6. Sector-Specific Requirements for IndustrialActivity

6.A Sector A—Timber Products6.B Sector B—Paper and Allied Products

Manufacturing6.C Sector C—Chemical and Allied

Products Manufacturing6.D Sector D—Asphalt Paving and

Roofing Materials and LubricantManufacturers

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

6.F Sector F—Primary Metals6.G Sector G—Metal Mining (Ore Mining

and Dressing)6.H Sector H—Coal Mines and Coal

Mining Related Facilities6.I Sector I—Oil and Gas Extraction and

Refining6.J Sector J—Mineral Mining and

Dressing6.K Sector K—Hazardous Waste

Treatment, Storage or Disposal Facilities6.L Sector L—Landfills, Land Application

Sites and Open Dumps6.M Sector M—Automobile Salvage

Yards6.N Sector N—Scrap Recycling and Waste

Recycling Facilities6.O Sector O—Steam Electric Generating

Facilities6.P Sector P—Land Transportation and

Warehousing6.Q Sector Q—Water Transportation6.R Sector R—Ship and Boat Building or

Repair Yards6.S Sector S—Air Transportation6.T Sector T—Treatment Works6.U Sector U—Food and Kindred

Products6.V Sector V—Textile Mills, Apparel and

Other Fabric Products6.W Sector W—Furniture and Fixtures6.X Sector X—Printing and Publishing6.Y Sector Y—Rubber, Miscellaneous

Plastic Products and MiscellaneousManufacturing Industries

6.Z Sector Z—Leather Tanning andFinishing

6.AA Sector AA—Fabricated MetalProducts

6.AB Sector AB—TransportationEquipment, Industrial or CommercialMachinery

6.AC Sector AC—Electronic, ElectricalEquipment and Components,Photographic and Optical Goods

6.AD Storm Water Discharges DesignatedBy the Director As Requiring Permits

7. Reporting7.1 Reporting Results of Monitoring7.2 Additional Reporting for Dischargers

to a Large or Medium MunicipalSeparate Storm Sewer System

7.3 Miscellaneous Reports8. Retention of Records

8.1 Documents8.2 Accessibility8.3 Addresses8.4 State, Tribal, and Other Agencies

9. Standard Permit Conditions9.1 Duty to Comply9.2 Continuation of the Expired General

Permit9.3 Need to Halt or Reduce Activity Not

a Defense9.4 Duty to Mitigate9.5 Duty to Provide Information9.6 Other Information9.7 Signatory Requirements9.8 Penalties for Falsification of Reports9.9 Oil and Hazardous Substance

Liability9.10 Property Rights9.11 Severability9.12 Requiring Coverage Under an

Individual Permit or an AlternativeGeneral Permit

9.13 State/Tribal Environmental Laws9.14 Proper Operation and Maintenance9.15 Inspection and Entry9.16 Monitoring and Records9.17 Permit Actions

10. Reopener Clause10.1 Water Quality Protection10.2 Procedures for Modification or

Revocation11. Transfer or Termination of Coverage

11.1 Transfer of Permit Coverage11.2 Notice of Termination (NOT)11.3 Addresses11.4 Facilities Eligible for ‘‘No Exposure’’

Exemption for Storm Water Permitting12. Definitions13. Permit Conditions Applicable to Specific

State, Indian Country Lands, orTerritories

Addendum A—Endangered SpeciesGuidance

Addendum B—Historic Properties GuidanceAddendum C—New Source Environmental

AssessmentsAddendum D—Notice of Intent FormAddendum E—Notice of Termination FormAddendum F—No Exposure Certification

Form

Note: In the Spirit of the Agency’s‘‘Readable Regulations’’ policy, this permitwas written as much as practicable in a morereader-friendly, plain language format thatshould make it easier for people less familiarwith traditional EPA permits and regulationsto read and understand the permitrequirements. Terms like ‘‘you’’ and ‘‘your’’are used to refer to the party(ies) that areoperators of a discharge, applicants,permittees, etc. Terms like ‘‘must’’ are used



instead of ‘‘shall.’’ Phrasing such as ‘‘If you.* * * ’’ is used to identify conditions thatmay not apply to all permittees.

1. Coverage Under This Permit

1.1 Permit AreaThe permit language is structured as

if it were a single permit, with State,Indian country land or other area-specific conditions contained in Part 13.

Permit coverage is actually provided bylegally separate and distinctlynumbered permits, all of which arecontained herein, and which cover eachof the areas listed in Parts 1.1.1 through1.1.10.

Note: EPA can only provide permitcoverage for areas and classes of dischargesnot within the scope of a State’s NPDESauthorization. For discharges not described

in an area of coverage below, please contactthe appropriate State NPDES permittingauthority to obtain a permit.

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

The states of Connecticut, RhodeIsland, and Vermont are the NPDESPermitting Authority for the majority ofdischarges within their respective states.

Permit No. Areas of coverage/where EPA is permitting authority

CTR05*##I ...................................... Indian country lands within the State of Connecticut.MAR05*### ..................................... Commonwealth of Massachusetts, except Indian country lands.MAR05*##I ...................................... Indian country lands within the Commonwealth of Massachusetts.MER05*### ..................................... State of Maine, except Indian country lands.MER05*##I ...................................... Indian country lands within the State of Maine.NHR05*### ..................................... State of New Hampshire.RIR05*##I ........................................ Indian country lands within the State of Rhode Island.VTR05*##F ..................................... Federal Facilities in the State of Vermont.

1.1.2 EPA Region 2: NJ, NY, PR, VIThe state of New York is the NPDES Permitting Authority for the majority of discharges within that state. New

Jersey and the Virgin Islands are the NPDES Permitting Authority for all discharges within their respective states.


PRR05*### ..................................... The Commonwealth of Puerto Rico.

1.1.3 EPA REGION 3: DE, DC, MD, PA, VA, WVThe state of Delaware is the NPDES Permitting Authority for the majority of discharges within that state. Maryland,

Pennsylvania, and Virginia, West Virginia are the NPDES Permitting Authority for all discharges within these states.


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

1.1.4 EPA Region 4: AL, FL, GA, KY, MS, NC, SC, TNThe states of Alabama, Florida, Mississippi, and North Carolina are the NPDES Permitting Authority for the majority

of discharges within their respective states. Georgia, Kentucky, South Carolina and Tennessee are the NPDES PermittingAuthority for all discharges within their respective states.


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

1.1.5 EPA Region 5: IL, IN, MI, MN, OH, WICoverage Not Available.

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

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


LAR05*##I ....................................... Indian country lands within the State of Louisiana.NMR05*### ..................................... The State of New Mexico, except Indian country lands.NMR05*##I ...................................... Indian country lands within the State of New Mexico, except Navajo Reservation Lands that are covered

under Arizona permit AZR05*##I listed in Part 1.1.9 and Ute Mountain Reservation Lands that are cov-ered under Colorado permit COR05*##I listed in Part 1.1.8.

OKR05*##I ...................................... Indian country lands within the State of Oklahoma.OKR05*##F ..................................... Facilities in the State of Oklahoma not under the jurisdiction of the Oklahoma Department of Environmental

Quality, except those on Indian country lands. EPA-jurisdiction facilities include SIC codes 1311, 1381,1382, 1389 and 5171 and point source (but not non-point source) discharges associated with agriculturalproduction, services, and silviculture.




TXR05*##F ..................................... Facilities in the State of Texas not under the jurisdiction of the Texas Natural Resource ConservationCommission, except those on Indian country lands. EPA-jurisdiction facilities include SIC codes 1311,1321, 1381, 1382, and 1389 (other than oil field service company ‘‘home base’’ facilities).

TXR05*##I ....................................... Indian country lands within the State of Texas.

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

Coverage Not Available.

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

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


COR05*##F ..................................... Federal Facilities in the State of Colorado, except those located on Indian country lands which are coveredunder Colorado permit CORO5*##I below.

COR05*##I ...................................... Indian country lands within the State of Colorado, including the portion of the Ute Mountain Reservation lo-cated in New Mexico.

MTR05*##I ...................................... Reserved.NDR05*##I ...................................... Indian country lands within the State of North Dakota, including that portion of the Standing Rock Reserva-

tion located in South Dakota except Indian country within the former boundaries of the Lake TraverseReservation that is covered under South Dakota permit SDR05*##I listed below.

SDR05*##I ...................................... Indian country lands within the State of South Dakota, including the portion of the Pine Ridge Reservationlocated in Nebraska and the portion of Indian country within the former boundaries of the Lake TraverseReservation located in North Dakota except for the Standing Rock Reservation that is covered underNorth Dakota permit NDR05*##I listed above.

UTR05*##I ...................................... Indian country lands within the State of Utah, except Goshute and Navajo Reservation lands that are cov-ered under Arizona permit AZR05*##I (Goshute) listed in Part 1.1.9 and Nevada permit NVR05*##I(Navajo) listed in Part 1.1.9.

WYR05*##I ..................................... Indian country lands within the State of Wyoming.

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

in ID, and the Fort McDermitt Reservation in OR

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


ASR05*### ..................................... The Island of American Samoa.AZR05*### ...................................... The State of Arizona, except Indian country lands.AZR05*##I ....................................... Indian country lands within the State of Arizona, including Navajo Reservation lands in New Mexico and

Utah.CAR05*##I ...................................... Indian country lands within the State of California.GUR05*### ..................................... The Island of Guam.JAR05*### ...................................... Johnston Atoll.MWR05*### .................................... Midway Island and Wake Island.NIR05*### ....................................... Commonwealth of the Northern Mariana Islands.NVR05*##I ...................................... Indian country lands within the State of Nevada, including the Duck Valley Reservation in Idaho, the Fort

McDermitt Reservation in Oregon and the Goshute Reservation in Utah.

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

The states of Oregon and Washington are the NPDES Permitting Authority for the majority of discharges withintheir respective states. The 1995 Multi-Sector General Permit was issued in the State of Alaska on February 9, 1996(61 FR 5247) and the terms and conditions of the 1995 permit are effective for facilities in Alaska through February9, 2001. EPA will reissue this permit for the State of Alaska at a future date.


AKR05*##I ...................................... Indian country lands within Alaska.IDR05*### ....................................... The State of Idaho, except Indian country lands.IDR05*##I ........................................ Indian country lands within the State of Idaho, except Duck Valley Reservation lands which are covered

under Nevada permit NVR05*##I listed in Part 1.1.9.ORR05*##I ...................................... Indian country lands within the State of Oregon except Fort McDermitt Reservation lands that are covered

under Nevada permit NVR05*##I listed in Part 1.1.9.WAR05*##I ..................................... Indian country lands within the State of Washington.WAR05*##F .................................... Federal Facilities in the State of Washington, except those located on Indian country lands.



1.2 Eligibility

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

1.2.1 Facilities Covered

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

TABLE 1–1.—SECTORS OF INDUSTRIAL ACTIVITY COVERED BY THIS PERMIT

SIC code or activity code 1 Activity represented

Sector A: Timber Products

2411 ................................................ Log Storage and Handling (Wet deck storage areas only authorized if no chemical additives are used inthe spray water or applied to the logs).

2421 ................................................ General Sawmills and Planning Mills.2426 ................................................ Hardwood Dimension and Flooring Mills.2429 ................................................ Special Product Sawmills, Not Elsewhere Classified.2431–2439 (except 2434) ............... Millwork, Veneer, Plywood, and Structural Wood (see Sector W).2448, 2449 ...................................... Wood Containers.2451, 2452 ...................................... Wood Buildings and Mobile Homes.2491 ................................................ Wood Preserving.2493 ................................................ Reconstituted Wood Products.2499 ................................................ Wood Products, Not Elsewhere Classified.

Sector B: Paper and Allied Products

2611 ................................................ Pulp Mills.2621 ................................................ Paper Mills.2631 ................................................ Paperboard Mills.2652–2657 ...................................... Paperboard Containers and Boxes.2671–2679 ...................................... Converted Paper and Paperboard Products, Except Containers and Boxes.

Sector C: Chemical and Allied Products

2812–2819 ...................................... Industrial Inorganic Chemicals.2821–2824 ...................................... Plastics Materials and Synthetic Resins, Synthetic Rubber, Cellulosic and Other Manmade Fibers Except

Glass.2833–2836 ...................................... Medicinal chemicals and botanical products; pharmaceutical preparations; in vitro and in vivo diagnostic

substances; biological products, except diagnostic substances.2841–2844 ...................................... Soaps, Detergents, and Cleaning Preparations; Perfumes, Cosmetics, and Other Toilet Preparations.2851 ................................................ Paints, Varnishes, Lacquers, Enamels, and Allied Products.2861–2869 ...................................... Industrial Organic Chemicals.2873–2879 ...................................... Agricultural Chemicals.2873 ................................................ Facilities that Make Fertilizer Solely from Leather Scraps and Leather Dust.2891–2899 ...................................... Miscellaneous Chemical Products.3952 (limited to list) ........................ Inks and Paints, Including China Painting Enamels, India Ink, Drawing Ink, Platinum Paints for Burnt Wood

or Leather Work, Paints for China Painting, Artist’s Paints and Artist’s Watercolors.

Sector D: Asphalt Paving and Roofing Materials and Lubricants

2951, 2952 ...................................... Asphalt Paving and Roofing Materials.2992, 2999 ...................................... Miscellaneous Products of Petroleum and Coal.

Sector E: Glass Clay, Cement, Concrete, and Gypsum Products

3211 ................................................ Flat Glass.3221, 3229 ...................................... Glass and Glassware, Pressed or Blown.3231 ................................................ Glass Products Made of Purchased Glass.3241 ................................................ Hydraulic Cement.3251–3259 ...................................... Structural Clay Products.3261–3269 ...................................... Pottery and Related Products.3271–3275 ...................................... Concrete, Gypsum and Plaster Products.3291–3299 ...................................... Abrasive, Asbestos, and Miscellaneous Nonmetallic Mineral Products.

Sector F: Primary Metals

3312–3317 ...................................... Steel Works, Blast Furnaces, and Rolling and Finishing Mills.3321–3325 ...................................... Iron and Steel Foundries.3331–3339 ...................................... Primary Smelting and Refining of Nonferrous Metals.3341 ................................................ Secondary Smelting and Refining of Nonferrous Metals.3351–3357 ...................................... Rolling, Drawing, and Extruding of Nonferrous Metals.



TABLE 1–1.—SECTORS OF INDUSTRIAL ACTIVITY COVERED BY THIS PERMIT—Continued


3363–3369 ...................................... Nonferrous Foundries (Castings).3398, 3399 ...................................... Miscellaneous Primary Metal Products.

Sector G: Metal Mining (Ore Mining and Dressing)

1011 ................................................ Iron Ores.1021 ................................................ Copper Ores.1031 ................................................ Lead and Zinc Ores.1041, 1044 ...................................... Gold and Silver Ores.1061 ................................................ Ferroalloy Ores, Except Vanadium.1081 ................................................ Metal Mining Services.1094, 1099 ...................................... Miscellaneous Metal Ores.

Sector H: Coal Mines and Coal Mining Related Facilities

1221–1241 ...................................... Coal Mines and Coal Mining-Related Facilities.

Sector I: Oil and Gas Extraction and Refining

1311 ................................................ Crude Petroleum and Natural Gas.1321 ................................................ Natural Gas Liquids.1381–1389 ...................................... Oil and Gas Field Services.2911 ................................................ Petroleum Refineries.

Sector J: Mineral Mining and Dressing

1411 ................................................ Dimension Stone.1422–1429 ...................................... Crushed and Broken Stone, Including Rip Rap.1442, 1446 ...................................... Sand and Gravel1455, 1459 ...................................... Clay, Ceramic, and Refractory Materials.1474–1479 ...................................... Chemical and Fertilizer Mineral Mining.1481 ................................................ Nonmetallic Minerals Services, Except Fuels.1499 ................................................ Miscellaneous Nonmetallic Minerals, Except Fuels.

Sector K: Hazardous Waste Treatment, Storage, or Disposal Facilities

HZ ................................................... Hazardous Waste Treatment Storage or Disposal.

Sector L: Landfills and Land Application Sites

LF .................................................... Landfills, Land Application Sites, and Open Dumps.

Sector M: Automobile Salvage Yards

5015 ................................................ Automobile Salvage Yards.

Sector N: Scrap Recycling Facilities

5093 ................................................ Scrap Recycling Facilities.

Sector O: Steam Electric Generating Facilities

SE ................................................... Steam Electric Generating Facilities.

Sector P: Land Transportation and Warehousing

4011, 4013 ...................................... Railroad Transportation.4111–4173 ...................................... Local and Highway Passenger Transportation.4212–4231 ...................................... Motor Freight Transportation and Warehousing.4311 ................................................ United States Postal Service.5171 ................................................ Petroleum Bulk Stations and Terminals.

Sector Q: Water Transportation

4412–4499 ...................................... Water Transportation.

Sector R: Ship and Boat Building or Repairing Yards

3731,3732 ....................................... Ship and Boat Building or Repairing Yards.

Sector S: Air Transportation

4512–4581 ...................................... Air Transportation Facilities.



TABLE 1–1.—SECTORS OF INDUSTRIAL ACTIVITY COVERED BY THIS PERMIT—Continued


Sector T: Treatment Works

TW ................................................... Treatment Works.

Sector U: Food and Kindred Products

2011–2015 ...................................... Meat Products.2021–2026 ...................................... Dairy Products.2032 ................................................ Canned, Frozen and Preserved Fruits, Vegetables and Food Specialties.2041–2048 ...................................... Grain Mill Products.2051–2053 ...................................... Bakery Products.2061–2068 ...................................... Sugar and Confectionery Products.2074–2079 ...................................... Fats and Oils.2082–2087 ...................................... Beverages.2091–2099 ...................................... Miscellaneous Food Preparations and Kindred Products.2111–2141 ...................................... Tobacco Products.

Sector V: Textile Mills, Apparel, and Other Fabric Product Manufacturing, Leather and Leather Products

2211–2299 ...................................... Textile Mill Products.2311–2399 ...................................... Apparel and Other Finished Products Made From Fabrics and Similar Materials.3131–3199 (except 3111) ............... Leather and Leather Products, except Leather Tanning and Finishing (see Sector Z).

Sector W: Furniture and Fixtures

2434 ................................................ Wood Kitchen Cabinets.2511–2599 ...................................... Furniture and Fixtures.

Sector X: Printing and Publishing

2711–2796 ...................................... Printing, Publishing, and Allied Industries.

Sector Y: Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries.

3011 ................................................ Tires and Inner Tubes.3021 ................................................ Rubber and Plastics Footwear.3052, 3053 ...................................... Gaskets, Packing, and Sealing Devices and Rubber and Plastics Hose and Belting.3061, 3069 ...................................... Fabricated Rubber Products, Not Elsewhere Classified.3081–3089 ...................................... Miscellaneous Plastics Products.3931 ................................................ Musical Instruments.3942–3949 ...................................... Dolls, Toys, Games and Sporting and Athletic Goods.3951–3955 (except 3952 facilities

as specified in Sector C).Pens, Pencils,and Other Artists’ Materials.

3961, 3965 ...................................... Costume Jewelry, Costume Novelties, Buttons, and Miscellaneous Notions, Except Precious Metal.3991–3999 ...................................... Miscellaneous Manufacturing Industries.

3411–3499 ...................................... Fabricated Metal Products, Except Machinery and Transportation Equipment.3911–3915 ...................................... Jewelry, Silverware, and Plated Ware.

Sector AB: Transportation Equipment, Industrial or Commercial Machinery

3511–3599 (except 3571–3579) ..... Industrial and Commercial Machinery (except Computer and Office Equipment) (see Sector AC).3711–3799 (except 3731, 3732) ..... Transportation Equipment (except Ship and Boat Building and Repairing) (see Sector R).

Sector AC: Electronic, Electrical, Photographic, and Optical Goods

3571–3579 ...................................... Computer and Office Equipment.3612–3699 ...................................... Electronic, Electrical Equipment and Components, except Computer Equipment.3812 ................................................ Measuring, Analyzing and Controlling Instrument; Photographic and Optical Goods.

Sector AD: Non-Classified Facilities

N/A .................................................. Other storm water discharges designated by the Director as needing a permit (see 40 CFR 122.26(g)(1)(I))or any facility discharging storm water associated with industrial activity not described by any of SectorsA–AC. Note: Facilities may not elect to be covered under Sector AD. Only the Director may assign a fa-cility to Sector AD.

1 A complete list of SIC codes (and conversions from the newer North American Industry Classification System (NAICS)) can be obtained fromthe Internet at http://www.census.gov/epcd/www/naics.html or in paper form from various locations in the document entitled ‘‘Handbook of Stand-ard Industrial Classifications,’’ Office of Management and Budget, 1987. Industrial activity codes are provided on the Multi-Sector General PermitNotice of Intent (NOI) application form (EPA Form Number 3510–6).



1.2.1.1 Co-located Activities. If youhave co-located industrial activities on-site that are described in a sector(s)other than your primary sector, youmust comply with all other applicablesector-specific conditions found in Part6 for the co-located industrial activities.The extra sector-specific requirementsare applied only to those areas of yourfacility where the extra-sector activitiesoccur. An activity at a facility is notconsidered co-located if the activity,when considered separately, does notmeet the description of a category ofindustrial activity covered by the stormwater regulations, and identified by theMSGP–2000 SIC code list. For example,unless you are actually haulingsubstantial amounts of freight ormaterials with your own truck fleet orare providing a trucking service tooutsiders, simple maintenance ofvehicles used at your facility is unlikelyto meet the SIC code group 42description of a motor freighttransportation facility. Even thoughSector P may not apply, the runoff fromyour vehicle maintenance facility wouldlikely still be considered storm waterassociated with industrial activity. As

such, your SWPPP must still address therunoff from the vehicle maintenancefacility—although not necessarily withthe same degree of detail as required bySector P—but you would not berequired to monitor as per Sector P.

If runoff from co-located activitiescommingles, you must monitor thedischarge as per the requirements of allapplicable sectors (regardless of theactual location of the discharge). If youcomply with all applicable requirementsfrom all applicable sections of Part 6 forthe co-located industrial activities, thedischarges from these co-locatedactivities are authorized by this permit.

1.2.2 Discharges Covered

1.2.2.1 Allowable Storm WaterDischarges. Subject to compliance withthe terms and conditions of this permit,you are authorized to dischargepollutants in:

1.2.2.1.1 Discharges of storm waterrunoff associated with industrialactivities as defined in 40 CFR 122.26(b)(14)(i–ix and xi) from the sectors ofindustry described in Table 1–1, andthat are specifically identified by outfallor discharge location in the Storm Water

Pollution Prevention Plan (see Part4.2.2.3.7);

1.2.2.1.2 Non-storm waterdischarges as noted in Part 1.2.2.2 orotherwise specifically allowed by thepermit;

1.2.2.1.3 Discharges subject to aneffluent guideline listed in Table 1–2that also meet all other eligibilityrequirements of the permit. Interimcoverage is also available for dischargessubject to a new storm water effluentlimitation guideline promulgated afterthe effective date of this permit.Discharges subject to a New SourcePerformance Standard (NSPS) effluentguideline must also meet therequirements of Part 1.2.4.;

1.2.2.1.4 Discharges designated bythe Director as needing a storm waterpermit under 40 CFR 122.26(a)(1)(v) orunder 122.26(a)(9) and 122.26(g)(1)(i);and

1.2.2.1.5 Discharges comprised of adischarge listed in Parts 1.2.2.1.1 to1.2.2.1.4 above commingled with adischarge authorized by a differentNPDES permit and/or a discharge thatdoes not require NPDES permitauthorization.

TABLE 1–2.—EFFLUENT GUIDELINES APPLICABLE TO DISCHARGES THAT MAY BE ELIGIBLE FOR PERMIT COVERAGE

Effluent guideline

New sourceperformancestandards in-cluded in ef-fluent guide-

lines?

Sectorswith affected

facilities

Runoff from material storage piles at cement manufacturing facilities [40 CFR Part 411 Subpart C (establishedFebruary 23, 1977)].

Yes ............... E

Contaminated runoff from phosphate fertilizer manufacturing facilities [40 CFR Part 418 Subpart A (establishedApril 8, 1974)].

Yes ............... C

Coal pile runoff at steam electric generating facilities [40 CFR Part 423 (established November 19, 1982)] .......... Yes ............... ODischarges resulting from spray down or intentional wetting of logs at wet deck storage areas [40 CFR Part 429,

Subpart I (established January 26, 1981)].Yes ............... A

Mine dewatering discharges at crushed stone mines [40 CFR part 436, Subpart B] ............................................... No ................ JMine dewatering discharges at construction sand and gravel mines [40 CFR part 436, Subpart C] ....................... No ................ JMine dewatering discharges at industrial sand mines [40 CFR part 436, Subpart D] .............................................. No ................ JRunoff from asphalt emulsion facilities [40 CFR Part 443 Subpart A (established July 24, 1975)] .......................... Yes ............... DRunoff from landfills, [40 CFR Part 445, Subpart A and B (established February 2, 2000] ..................................... Yes ............... K & L

1.2.2.2 Allowable Non-Storm WaterDischarges. You are also authorized forthe following non-storm waterdischarges, provided the non-stormwater component of your discharge is incompliance with Part 4.4.2 (non-stormwater discharges):

1.2.2.2.1 Discharges from firefighting activities;

1.2.2.2.2 Fire hydrant flushings;1.2.2.2.3 Potable water including

water line flushings;1.2.2.2.4 Uncontaminated air

conditioning or compressor condensate;1.2.2.2.5 Irrigation drainage;1.2.2.2.6 Landscape watering

provided all pesticides, herbicides, and

fertilizer have been applied inaccordance with manufacturer’sinstructions;

1.2.2.2.7 Pavement wash waterswhere no detergents are used and nospills or leaks of toxic or hazardousmaterials have occurred (unless allspilled material has been removed);

1.2.2.2.8 Routine external buildingwash down which does not usedetergents;

1.2.2.2.9 Uncontaminated groundwater or spring water;

1.2.2.2.10 Foundation or footingdrains where flows are notcontaminated with process materialssuch as solvents;

1.2.2.2.11 Incidental windblownmist from cooling towers that collectson rooftops or adjacent portions of yourfacility, but NOT intentional dischargesfrom the cooling tower (e.g., ‘‘piped’’cooling tower blowdown or drains).

1.2.3 Limitations on Coverage

1.2.3.1 Prohibition on DischargesMixed with Non-Storm Water. You arenot authorized for discharges that aremixed with sources of non-storm water.This exclusion does not apply todischarges identified in Part 1.2.2.2,provided the discharges are incompliance with Part 4.4.2 (Storm



Water Pollution Prevention Planrequirements for authorized non-stormwater discharges), and to any dischargeexplicitly authorized by the permit.

1.2.3.2 Storm Water DischargesAssociated with Construction Activity.You are not authorized for storm waterdischarges associated with constructionactivity as defined in 40 CFR122.26(b)(14)(x) or 40 CFR122.26(b)(15).

1.2.3.3 Discharges Currently orPreviously Covered by Another Permit.You are not authorized for thefollowing:

1.2.3.3.1 Storm water dischargesassociated with industrial activity thatare currently covered under anindividual permit or an alternativegeneral permit.

1.2.3.3.2 Discharges previouslycovered by an individual permit oralternative general permit (except the1992 ‘‘Baseline’’ or the 1995 Multi-Sector NPDES General Permits forStorm Water Discharges AssociatedWith Industrial Activity) that hasexpired, or been terminated at therequest of the permittee unless:

1.2.3.3.2.1 The individual permitdid not contain numeric water quality-based limitations developed for thestorm water component of thedischarge; and

1.2.3.3.2.2 The permittee includesany specific BMPs for storm waterrequired under the individual permit inthe SWPPP required under Part 4 of thispermit.

1.2.3.3.3 Storm water dischargesassociated with industrial activity fromfacilities where any NPDES permit hasbeen or is in the process of beingdenied, terminated, or revoked by theDirector (other than in a replacementpermit issuance process). Upon request,the Director may waive this exclusion ifoperator of the facility has since passedto a different owner/operator and newcircumstances at the facility justify awaiver.

1.2.3.4 Discharges Subject toEffluent Limitations Guidelines. You arenot authorized for discharges subject toany effluent limitation guideline that isnot included in Table 1–2. Fordischarges subject to a New SourcePerformance Standard (NSPS) effluentguideline identified in Table 1–2, youmust comply with Part 1.2.4 prior tobeing eligible for permit coverage.

1.2.3.5 Discharge Compliance withWater Quality Standards. You are notauthorized for storm water dischargesthat the Director determines will cause,or have reasonable potential to cause orcontribute to, violations of water qualitystandards. Where such determinationshave been made, the Director may notify

you that an individual permitapplication is necessary in accordancewith Part 9.12. However, the Directormay authorize your coverage under thispermit after you have includedappropriate controls andimplementation procedures designed tobring your discharges into compliancewith water quality standards in yourStorm Water Pollution Prevention Plan.

1.2.3.6 Endangered and ThreatenedSpecies or Critical Habitat Protection.You are not authorized for dischargesthat do not avoid unacceptable effectson Federally listed endangered andthreatened (‘‘listed’’) species ordesignated critical habitat (‘‘criticalhabitat’’).

Caution: Additional endangered andthreatened species have been listed andcritical habit designated since the 1995MSGP was issued. Even if you werepreviously covered by the 1995 MSGP, youmust determine eligibility for this permitthrough the processes described below and inAddendum A. Where applicable, you mayincorporate information from your previousendangered species analysis in yourdocumentation of eligibility for this permit.

1.2.3.6.1 Coverage under this permitis available only if your storm waterdischarges, allowable non-storm waterdischarges, and discharge-relatedactivities are not likely to jeopardize thecontinued existence of any species thatare listed as endangered or threatened(‘‘listed’’) under the ESA or result in theadverse modification or destruction ofhabitat that is designated or proposed tobe designated as critical under the ESA(‘‘critical habitat’’). Submission of asigned NOI will be deemed to alsoconstitute your certification ofeligibility.

1.2.3.6.2 ‘‘Discharge-relatedactivities’’ include: activities whichcause, contribute to, or result in stormwater point source pollutant discharges;and measures to control storm waterdischarges including the siting,construction and operation of bestmanagement practices (BMPs) tocontrol, reduce or prevent storm waterpollution.

1.2.3.6.3 Determining Eligibility:You must use the most recentEndangered and Threatened SpeciesCounty-Species List available from EPAand the process in Addendum A (ESAScreening Process) to determine youreligibility PRIOR to submittal of yourNOI. As of the effective date of thispermit, the most current version of theList is located on the EPA Office ofWater Web site at http://www.epa.gov/owm/esalst2.htm. You must meet one ormore of the criteria in 1.2.3.6.3.1through 1.2.3.6.3.5 below for the entireterm of coverage under the permit. You

must include a certification of eligibilityand supporting documentation on theeligibility determination in your StormWater Pollution Prevention Plan.

1.2.3.6.3.1 Criteria A: Noendangered or threatened species orcritical habitat are in proximity to yourfacility or the point where authorizeddischarges reach the receiving water; or

1.2.3.6.3.2 Criteria B: In the courseof a separate federal action involvingyour facility (e.g., EPA processingrequest for an individual NPDES permit,issuance of a CWA § 404 wetlandsdredge and fill permit, etc.), formal orinformal consultation with the Fish andWildlife Service and/or the NationalMarine Fisheries Service (the‘‘Services’’) under section 7 of theEndangered Species Act (ESA) has beenconcluded and that consultation:

(a) Addressed the effects of yourstorm water discharges, allowable non-storm water discharges, and discharge-related activities on listed species andcritical habitat and

(b) The consultation resulted in eithera no jeopardy opinion or a writtenconcurrence by the Service on a findingthat your storm water discharges,allowable non-storm water discharges,and discharge-related activities are notlikely to adversely affect listed speciesor critical habitat; or

1.2.3.6.3.3 Criteria C: Your activitiesare authorized under section 10 of theESA and that authorization addressesthe effects of your storm waterdischarges, allowable non-storm waterdischarges, and discharge-relatedactivities on listed species and criticalhabitat; or

1.2.3.6.3.4 Criteria D: Using bestjudgement, you have evaluated theeffects of your storm water discharges,allowable non-storm water discharges,and discharge-related activities on listedendangered or threatened species andcritical habitat and do not have reasonto believe listed species or criticalhabitat would be adversely affected.

1.2.3.6.3.5 Criteria E: Your stormwater discharges, allowable non-stormwater discharges, and discharge-relatedactivities were already addressed inanother operator’s certification ofeligibility under Part 1.2.3.6.3.1 through1.2.3.6.3.4 which included yourfacility’s activities. By certifyingeligibility under this Part, you agree tocomply with any measures or controlsupon which the other operator’scertification was based;

1.2.3.6.4 The Director may requireany permittee or applicant to providedocumentation of the permittee orapplicant’s determination of eligibilityfor this permit using the procedures inAddendum A where EPA or the Fish



1 NSPS apply only to discharges from thosefacilities or installations that were constructed afterthe promulgation of NSPS. For example, stormwater discharges from areas where the productionof asphalt paving and roofing emulsions occurs aresubject to NSPS only if the asphalt emulsion facilitywas constructed after July 24, 1975.

2 The provisions specified in Part 1.2.2.3 and Part1.2.4 related to documenting New Source reviewsare requirements of Federal programs under theNational Environmental Policy Act of 1969 and willnot apply to such facilities in the event thatauthority for the NPDES program has been assumedby the State/Tribe agency and administration of thispermit has been transferred to the State/Tribe.

and Wildlife and/or National MarineFisheries Services determine that thereis a potential impact on endangered orthreatened species or a critical habitat.

1.2.3.6.5 You are not authorized todischarge if the discharges or discharge-related activities cause a prohibited‘‘take’’ of endangered or threatenedspecies (as defined under section 3 ofthe Endangered Species Act and 50 CFR17.3), unless such takes are authorizedunder sections 7 or 10 of theEndangered Species Act.

1.2.3.6.6 You are not authorized forany discharges where the discharges ordischarge-related activities are likely tojeopardize the continued existence ofany species that are listed as endangeredor threatened under the ESA or result inthe adverse modification or destructionof habitat that is designated or proposedto be designated as critical under theESA.

1.2.3.6.7 The Endangered SpeciesAct (ESA) provisions upon which part1.2.3.6 is based do not apply to state-issued permits. Should administrationof all or a portion of this permit betransfer to a State as a result of that Stateassuming the NPDES program pursuantto Clean Water Act § 402(b), Part 1.2.3.6will not apply to any new NOIssubmitted to the State after the Stateassumes administration of the permit(unless otherwise provided in the stateprogram authorization agreement).Likewise, any other permit conditionsbased on Part 1.2.3.6 will no longerapply to new NOIs accepted by theNPDES-authorized state.

1.2.3.7 Storm water Discharges andStorm Water Discharge-RelatedActivities with Unconsidered AdverseEffects on Historic Properties.

1.2.3.7.1 Determining Eligibility: Inorder to be eligible for coverage underthis permit, you must be in compliancewith the National Historic PreservationAct. Your discharges may be authorizedunder this permit only if:

1.2.3.7.1.1 Criteria A: Your stormwater discharges, allowable non-stormwater discharges, and discharge-relatedactivities do not affect a property that islisted or is eligible for listing on theNational Register of Historic Places asmaintained by the Secretary of theInterior; or

1.2.3.7.1.2 Criteria B: You haveobtained and are in compliance with awritten agreement with the StateHistoric Preservation Officer (SHPO) orTribal Historic Preservation Officer(THPO) that outlines all measures youwill undertake to mitigate or preventadverse effect to the historic property.

1.2.3.7.2 Addendum B of this permitprovides guidance and references to

assist you with determining your permiteligibility concerning this provision.

1.2.3.8 Discharges to Water Quality-Impaired or Water Quality-LimitedReceiving Waters.

1.2.3.8.1 You are not authorized todischarge if your discharge is prohibitedunder 40 CFR 122.4(i).

1.2.3.8.2 You are not authorized todischarge any pollutant into any waterfor which a Total Maximum Daily Load(TMDL) has been either established orapproved by the EPA unless yourdischarge is consistent with that TMDL.

1.2.3.9 Storm Water DischargesSubject to Anti-degradation WaterQuality Standards. You are notauthorized for discharges that do notcomply with your State or Tribe’s anti-degradation policy for water qualitystandards. State and Tribal anti-degradation policies can be obtainedfrom the appropriate State or Tribalenvironmental office or their Internetsites.

1.2.4 Discharges Subject to NewSource Performance Standards(NSPS)1 2

1.2.4.1 Documentation of NewSource Review. If you have adischarge(s) subject to a NSPS effluentguideline, you must obtain and retainthe following on site prior to thesubmittal of your Notice of Intent:

1.2.4.1.1 Documentation from EPAof ‘‘No Significant Impact’’ or

1.2.4.1.2 A completedEnvironmental Impact Statement inaccordance with an environmentalreview conducted by EPA pursuant to40 CFR 6.102(a)(6).

1.2.4.2 Initiating a New SourceReview. If the Agency’s decision has notbeen obtained, you may use the formatand procedures specified in AddendumC to submit information to EPA toinitiate the process of the environmentalreview.

To maintain eligibility, you mustimplement any mitigation required ofthe facility as a result of the NationalEnvironmental Policy Act (NEPA)review process. Failure to implementmitigation measures upon which theAgency’s NEPA finding is based is

grounds for termination of permitcoverage.

1.2.4.3 NEPA Requirements afterState Assumption of this Permit. TheNational Environmental Policy Act(NEPA) provisions upon which part1.2.4 is based do not apply to state-issued permits. Should administrationof all or a portion of this permit betransfer to a State as a result of that Stateassuming the NPDES program pursuantto Clean Water Act § 402(b), Part 1.2.4will not apply to any new NOIssubmitted to the State after the Stateassumes administration of the permit.Likewise, any other permit conditionsbased on Part 1.2.4 will no longer applyto new NOIs accepted by the NPDES-authorized state.

1.3 How To Obtain AuthorizationUnder This Permit

1.3.1 Basic EligibilityYou may be authorized under this

permit only if you have a discharge ofstorm water associated with industrialactivity from your facility. In order toobtain authorization under this permit,you must:

1.3.1.1 Meet the Part 1.2 eligibilityrequirements; and

1.3.1.2 Develop and implement aStorm Water Pollution Prevention Plan(SWPPP) (see definition in Part 12)according to the requirements in Part 4of this permit.

1.3.1.3 Submit a complete Notice ofIntent (NOI) in accordance with therequirements of Part 2 of this permit.Any new operator at a facility, includingthose who replace an operator who haspreviously obtained permit coverage,must submit an NOI to be covered fordischarges for which they are theoperator.

1.3.2 Effective Date of PermitCoverage

Unless notified by the Director to thecontrary, if you submit a correctlycompleted NOI in accordance with therequirements of this permit, you areauthorized to discharge under the termsand conditions of this permit two (2)days after the date the NOI ispostmarked (but in no event, earlierthan the effective date of the permit).The Director may deny coverage underthis permit and require submission of anapplication for an individual NPDESpermit based on a review of your NOIor other information (see Part 9.12).Authorization to discharge is notautomatically granted two days after theNOI is mailed if your NOI is materiallyincomplete (e.g., critical information leftoff, NOI unsigned, etc.) or if yourdischarge(s) is not eligible for coverageby the permit.



1.4 Terminating Coverage

1.4.1 Submitting a Notice ofTermination

If you wish to terminate coverageunder this permit, you must submit aNotice of Termination (NOT) inaccordance with Part 11 of this permit.You must continue to comply with thispermit until you submit an NOT. Yourauthorization to discharge under thepermit terminates at midnight of the daythe NOT is signed.

1.4.2 When to Submit an NOT

You must submit an NOT withinthirty (30) days after one or more of thefollowing conditions have been met:

1.4.2.1 A new owner/operator hasassumed responsibility for the facility

1.4.2.2 You have ceased operationsat the facility and there no longer aredischarges of storm water associatedwith industrial activity from the facilityand you have already implementednecessary sediment and erosion controlsas required by Part 4.2.7.2.2.1

1.4.3 Discharges After the NOT IsSubmitted

Enforcement actions may be taken ifyou submit an NOT without meetingone or more of these conditions, unlessyou have obtained coverage under analternate permit or have satisfied therequirements of Part 1.5.

1.5 Conditional Exclusion for NoExposure

If you are covered by this permit, butlater are able to file a ‘‘no exposure’’certification to be excluded frompermitting under 40 CFR 122.26(g), youare no longer authorized by nor requiredto comply with this permit. If you areno longer required to have permitcoverage due to a ‘‘no exposure’’exclusion, you are not required tosubmit a Notice of Termination.

2. Notice of Intent Requirements

2.1 Notice of Intent (NOI) Deadlines

Your NOI must be submitted inaccordance with the deadlines in Table2–1. You must meet all applicableeligibility conditions of Part 1.2 beforeyou submit your NOI.

TABLE 2.–1—DEADLINES FOR NOISUBMITTAL

Category Deadline

1. Existing dischargescovered under the1995 MSGP (seealso Part 2.1.2—In-terim Coverage).

December 29, 2000.

TABLE 2.–1—DEADLINES FOR NOISUBMITTAL—Continued

Category Deadline

2. New discharges .... Two (2) days prior tocommencing oper-ation of the facilitywith discharges ofstorm water associ-ated with industrialactivity.

3. New owner/oper-ator of existing dis-charges.

Two (2) days prior totaking operationalcontrol of the facil-ity.

4. Continued cov-erage when thepermit expires in2005.

See Part 9.2

Only one NOI need be submitted tocover all of your activities at the facility(e.g., you do not need to submit aseparate NOI for each separate type ofindustrial activity located at a facility orindustrial complex, provided yourSWPPP covers each area for which youare an operator).

2.1.1 Submitting a Late NOI

You are not prohibited fromsubmitting an NOI after the datesprovided in Table 2–1. If a late NOI issubmitted, your authorization is only fordischarges that occur after permitcoverage is granted. The Agencyreserves the right to take appropriateenforcement actions for anyunpermitted discharges.

2.1.2 Interim Permit Coverage for1995 MSGP Permittees

If you had coverage for your facilityunder the 1995 MSGP, you may beeligible for continued coverage underthis permit on an interim basis.

2.1.2.1 Discharges Authorized Underthe 1995 MSGP. If permit coverage foryour facility under the 1995 MSGP waseffective as of the date the 1995 MSGPexpired (or the date this permit replacedthe 1995 MSGP if earlier), yourauthorization is automaticallycontinued into this replacement permiton an interim basis for up to ninety (90)days from the effective date of thepermit. Interim coverage will terminateearlier than the 90 days when an NOIhas been submitted and coverage eithergranted or denied; or after submittal ofan NOT.

2.1.2.2 Discharges Authorized Underthe 1995 MSGP, But Not Clearly Eligiblefor Coverage Under This Permit. If youwere previously covered by the 1995MSGP, but cannot meet (or cannotimmediately determine if you meet) theeligibility requirements of this permit,you may nonetheless be authorized

under this permit for a period not toexceed 270 days from the date thispermit is published in the FederalRegister, provided you submit anapplication for an alternative permitwithin 90 days from the permitpublication date.

2.1.2.3 Interim Coverage PermitRequirements. While you are operatingunder interim coverage status, youmust:

2.1.2.3.1 Submit a complete NOI(see Part 2.2) by the deadlines listed inTable 2–1 or Part 2.1.2.2 above.

2.1.2.3.2 Comply with the terms andconditions of the 1995 MSGP.

2.1.2.3.3 Update your Storm WaterPollution Prevention Plan to complywith the requirements of this permitwithin 90 days after the effective date ofthis permit.

2.2 Contents of Notice of Intent (NOI)Your NOI for coverage under this

permit must include the followinginformation:

2.2.1 Permit Selection2.2.1.1 If you were covered under

the previous MSGP, provide the permitnumber assigned to your facility.

2.2.2 Owner/Operator Information2.2.2.1 The name, address, and

telephone number of the operator (e.g.,your company, etc.) filing the NOI forpermit coverage;

2.2.3 Facility Information2.2.3.1 The name (or other

identifier), address, county, andlatitude/longitude of the facility forwhich the NOI is submitted;

2.2.3.2 An indication of whether youare a Federal, State, Tribal, private, orother public entity;

2.2.3.3 An indication of whether thefacility is located on Indian countrylands;

2.2.3.4 Certification that a StormWater Pollution Prevention Plan(SWPPP) meeting the requirements ofPart 4 has been developed (includingattaching a copy of this permit to theplan;

2.2.3.5 The name of the receivingwater(s);

2.2.3.6 The name of the municipaloperator if the discharge is through amunicipal separate storm sewer system,unless you are the owner/operator ofthat municipal separate storm sewersystem;

2.2.3.7 Identification of applicablesector(s) in this permit, as designated inTable 1–1, that cover the dischargesassociated with industrial activity youwish to cover under this permit;

2.2.3.8 Up to four 4-digit StandardIndustrial Classification (SIC) codes or



the 2-letter Activity Codes for hazardouswaste treatment, storage, or disposalactivities (HZ); land/disposal facilitiesthat receive or have received anyindustrial waste (LF); steam electricpower generating facilities (SE); ortreatment works treating domesticsewage (TW) that best represent theprincipal products produced or servicesrendered by your facility and major co-located activities;

2.2.4 Eligibility Screening2.2.4.1 Based on the instructions in

Addendum A, whether any listed orproposed threatened or endangeredspecies, or designated critical habitat,are in proximity to the storm waterdischarges or storm water discharge-related activities to be covered by thispermit;

2.2.4.2 Whether any historicproperty listed or eligible for listing onthe National Register of Historic Placesis located on the facility or in proximityto the discharge;

2.2.4.3 A signed and datedcertification, signed by a authorizedrepresentative of your facility andmaintained with your SWPPP, asdetailed in Part 9.7 that certifies thefollowing:

‘‘I certify under penalty of law that I haveread and understand the Part 1.2 eligibilityrequirements for coverage under the multi-sector storm water general permit includingthose requirements relating to the protectionof endangered or threatened species orcritical habitat. To the best of my knowledge,the storm water and allowable non-stormdischarges authorized by this permit (anddischarged related activities), pose nojeopardy to endangered or threatened speciesor critical habitat, or are otherwise eligiblefor coverage under Part 1.2.3.6 of the permit.To the best of my knowledge, I further certifythat such discharges and discharge relatedactivities do not have an effect on propertieslisted or eligible for listing on the NationalRegister or Historic Places under the NationalHistoric Preservation Act, or are otherwiseeligible for coverage under Part 1.2.3.7 of thepermit. I understand that continued coverageunder the multi-sector storm water generalpermit is contingent upon maintainingeligibility as provided for in Part 1.2’’

2.3 Use of NOI FormYou must submit the information

required under Part 2.2 on the latestversion of the NOI form (or photocopythereof) contained in Addendum D.Your NOI must be signed and dated inaccordance with Part 9.7 of this permit.

Note: If EPA notifies dischargers (eitherdirectly, by public notice, or by makinginformation available on the Internet) ofother NOI form options that become availableat a later date (e.g., electronic submission offorms), you may take advantage of thoseoptions to satisfy the NOI use and submittalrequirements of Part 2.

2.4 Where To Submit

Your NOI must be signed inaccordance with Part 9.7 of this permitand submitted to the Director of theNPDES Permitting Program at thefollowing address: Storm Water Noticeof Intent (4203), US EPA, 1200Pennsylvania Avenue NW, Washington,DC 20460.

2.5 Additional Notification

If your facility discharges through alarge or medium municipal separatestorm sewer system (MS4), or into aMS4 that has been designated by thepermitting authority, you must alsosubmit a signed copy of the NOI to theoperator of that MS4 upon request bythe MS4 operator.

3. Special Conditions

3.1 Hazardous Substances or Oil

You must prevent or minimize thedischarge of hazardous substances or oilin your discharge(s) in accordance withthe Storm Water Pollution PreventionPlan for your facility. This permit doesnot relieve you of the reportingrequirements of 40 CFR 110, 40 CFR 117and 40 CFR 302 relating to spills orother releases of oils or hazardoussubstances.

3.1.1 Single Releases and Spills

Where a release containing ahazardous substance or oil in an amountequal to or in excess of a reportablequantity established under either 40CFR 110, 40 CFR 117 or 40 CFR 302,occurs during a 24 hour period:

3.1.1.1 You must notify the NationalResponse Center (NRC) (800–424–8802;in the Washington, DC, metropolitanarea call 202–426–2675) in accordancewith the requirements of 40 CFR 110, 40CFR 117 and 40 CFR 302 as soon as heor she has knowledge of the discharge;

3.1.1.2 You must modify your StormWater Pollution Prevention Planrequired under Part 4 within 14calendar days of knowledge of therelease to: provide a description of therelease, the circumstances leading to therelease, and the date of the release. Inaddition, you must review your plan toidentify measures to prevent thereoccurrence of such releases and torespond to such releases, and you mustmodify your plan where appropriate.

3.1.2 Anticipated Discharges

Anticipated discharges containing ahazardous substance in an amount equalto or in excess of reporting quantitiesare those caused by events occurringwithin the scope of the relevantoperating system. If your facilities has(or will have) more than one anticipated

discharge per year containing ahazardous substance in an amount equalto or in excess of a reportable quantity,you must:

3.1.2.1 Submit notifications of thefirst release that occurs during acalendar year (or for the first year of thispermit, after submittal of an NOI); and

3.1.2.2 Provide a written descriptionin the SWPPP of the dates on whichsuch releases occurred, the type andestimate of the amount of materialreleased, and the circumstances leadingto the releases. In addition, your SWPPPmust address measures to minimizesuch releases.

3.1.2.3 Where a discharge of ahazardous substance or oil in excess ofreporting quantities is caused by a non-storm water discharge (e.g., a spill of oilinto a separate storm sewer), thatdischarge is not authorized by theMSGP and you must report thedischarge as required under 40 CFR Part110, 40 CFR Part 117, or 40 CFR Part302 (see Part 3.1.1. above). In the eventof a spill, the requirements of Section311 of the CWA and other applicableprovisions of Sections 301 and 402 ofthe CWA continue to apply.

3.2 Additional Requirements for SaltStorage

If you have storage piles of salt usedfor deicing or other commercial orindustrial purposes, they must beenclosed or covered to prevent exposureto precipitation (except for exposureresulting from adding or removingmaterials from the pile). Piles do notneed to be enclosed or covered wherestorm water from the pile is notdischarged to waters of the UnitedStates or the discharges from the pilesare authorized under another permit.

3.3 Discharge Compliance With WaterQuality Standards

Your discharges must not be causingor have the reasonable potential to causeor contribute to a violation of a waterquality standard. Where a discharge isalready authorized under this permitand is later determined to cause or havethe reasonable potential to cause orcontribute to the violation of anapplicable water quality standard, theDirector will notify you of suchviolation(s). You must take all necessaryactions to ensure future discharges donot cause or contribute to the violationof a water quality standard anddocument these actions in the StormWater Pollution Prevention Plan. Ifviolations remain or re-occur, thencoverage under this permit may beterminated by the Director, and analternative general permit or individualpermit may be issued. Compliance with



this requirement does not preclude anyenforcement activity as provided by theClean Water Act for the underlyingviolation.

4. Storm Water Pollution PreventionPlans

4.1 Storm Water Pollution PreventionPlan Requirements

You must prepare a Storm WaterPollution Prevention Plan (SWPPP) foryour facility before submitting yourNotice of Intent for permit coverage.Your SWPPP must be prepared inaccordance with good engineeringpractices. Use of a registeredprofessional engineer for SWPPPpreparation is not required by thepermit, but may be independentlyrequired under state law and/or localordinance. Your SWPPP must:

4.1.1 Identify potential sources ofpollution which may reasonably beexpected to affect the quality of stormwater discharges from your facility;

4.1.2 Describe and ensureimplementation of practices which youwill use to reduce the pollutants instorm water discharges from the facility;and

4.1.3 assure compliance with theterms and conditions of this permit.

Note: At larger installations such asmilitary bases where there are well-definedindustrial versus non-industrial areas, theSWPPP required under this Part need onlyaddress those areas with discharges of stormwater associated with industrial activity. (e.g.,under this permit, a U.S. Air Force Basewould need to address the vehiclemaintenance areas associated with the‘‘airport’’ portion of the base in the SWPPP,but would not need to address a car washthat served only the on-base housing areas.)

4.2 Contents of Plan

4.24.2.1 Pollution Prevention TeamYou must identify the staff

individual(s) (by name or title) thatcomprise the facility’s storm waterPollution Prevention Team. YourPollution Prevention Team isresponsible for assisting the facility/plant manager in developing,implementing, maintaining and revisingthe facility’s SWPPP. Responsibilities ofeach staff individual on the team mustbe listed.

4.2.2 Site DescriptionYour SWPPP must include the

following:4.2.2.1 Activities at Facility.

description of the nature of theindustrial activity(ies) at your facility;

4.2.2.2 General Location Map. ageneral location map (e.g., U.S.G.S.quadrangle, or other map) with enoughdetail to identify the location of your

facility and the receiving waters withinone mile of the facility;

4.2.2.3 A legible site map identifyingthe following:

4.2.2.3.1 Directions of storm waterflow (e.g, use arrows to show whichways storm water will flow);

4.2.2.3.2 Locations of all existingstructural BMPs;

4.2.2.3.3 Locations of all surfacewater bodies;

4.2.2.3.4 Locations of potentialpollutant sources identified under 4.2.4and where significant materials areexposed to precipitation;

4.2.2.3.5 Locations where majorspills or leaks identified under 4.2.5have occurred;

4.2.2.3.6 Locations of the followingactivities where such activities areexposed to precipitation: fuelingstations, vehicle and equipmentmaintenance and/or cleaning areas,loading/unloading areas, locations usedfor the treatment, storage or disposal ofwastes, and liquid storage tanks;

4.2.2.3.7 Locations of storm wateroutfalls and an approximate outline ofthe area draining to each outfall;

4.2.2.3.8 Location and description ofnon-storm water discharges;

4.2.2.3.9 Locations of the followingactivities where such activities areexposed to precipitation: processing andstorage areas; access roads, rail cars andtracks; the location of transfer ofsubstance in bulk; and machinery;

4.2.2.3.10 Location and source ofrunoff from adjacent propertycontaining significant quantities ofpollutants of concern to the facility (anevaluation of how the quality of thestorm water running onto your facilityimpacts your storm water dischargesmay be included).

4.2.3 Receiving Waters and Wetlands

You must provide the name of thenearest receiving water(s), includingintermittent streams, dry sloughs,arroyos and the areal extent anddescription of wetland or other ‘‘specialaquatic sites ‘‘ (see Part 12 fordefinition) that may receive dischargesfrom your facility.

4.2.4 Summary of Potential PollutantSources

You must identify each separate areaat your facility where industrialmaterials or activities are exposed tostorm water. Industrial materials oractivities include, but are not limited to,material handling equipment oractivities, industrial machinery, rawmaterials, intermediate products, by-products, final products, or wasteproducts. Material handling activitiesinclude the storage, loading and

unloading, transportation, orconveyance of any raw material,intermediate product, final product orwaste product. For each, separate areaidentified, the description must include:

4.2.4.1 Activities in Area. A list ofthe activities (e.g., material storage,equipment fueling and cleaning, cuttingsteel beams); and

4.2.4.2 Pollutants. A list of theassociated pollutant(s) or pollutantparameter(s) (e.g., crankcase oil, iron,biochemical oxygen demand, pH, etc.)for each activity. The pollutant list mustinclude all significant materials thathave been handled, treated, stored ordisposed in a manner to allow exposureto storm water between the time of three(3) years before being covered under thispermit and the present.

4.2.5 Spills and LeaksYou must clearly identify areas where

potential spills and leaks, which cancontribute pollutants to storm waterdischarges, can occur, and theiraccompanying drainage points. Forareas that are exposed to precipitationor that otherwise drain to a storm waterconveyance at the facility to be coveredunder this permit, you must provide alist of significant spills and leaks oftoxic or hazardous pollutants thatoccurred during the three (3) yearperiod prior to the date of thesubmission of a Notice of Intent (NOI). Your list must be updated if significantspills or leaks occur in exposed areas ofyour facility during the time you arecovered by the permit.

Significant spills and leaks include,but are not limited to releases of oil orhazardous substances in excess ofquantities that are reportable underCWA § 311 (see 40 CFR 110.10 and 40CFR 117.21) or section 102 of theComprehensive EnvironmentalResponse, Compensation and LiabilityAct (CERCLA). Significant spills mayalso include releases of oil or hazardoussubstances that are not in excess ofreporting requirements.

4.2.6 Sampling DataYou must provide a summary of

existing storm water discharge samplingdata taken at your facility. All stormwater sampling data collected duringthe term of this permit must also besummarized and included in this part ofthe SWPPP.

4.2.7 Storm Water Controls4.2.7.1 Description of Existing and

Planned BMPs. Describe the type andlocation of existing non-structural andstructural best management practices(BMPs) selected for each of the areaswhere industrial materials or activities



are exposed to storm water. All the areasidentified in Part 4.2.4 should have aBMP(s) identified for the area’sdischarges. For areas where BMPs arenot currently in place, describeappropriate BMPs that you will use tocontrol pollutants in storm waterdischarges. Selection of BMPs shouldtake into consideration:

4.2.7.1.1 The quantity and nature ofthe pollutants, and their potential toimpact the water quality of receivingwaters;

4.2.7.1.2 Opportunities to combinethe dual purposes of water qualityprotection and local flood controlbenefits (including physical impacts ofhigh flows on streams—e.g., bankerosion, impairment of aquatic habitat,etc.);

4.2.7.1.3 Opportunities to offset theimpact of impervious areas of thefacility on ground water recharge andbase flows in local streams (taking intoaccount the potential for ground watercontamination—See ‘‘User’s Guide tothe MSGP–2000’’ section ongroundwater considerations).

4.2.7.2 BMP Types to be Considered.The following types of structural, non-structural and other BMPs must beconsidered for implementation at yourfacility. Describe how each is, or will be,implemented. This requirement mayhave been fulfilled with the area-specific BMPs identified under Part4.2.7.2, in which case the previousdescription is sufficient. However, manyof the following BMPs may be moregeneralized or non site-specific andtherefore not previously considered. Ifyou determine that any of these BMPsare not appropriate for your facility, youmust include an explanation of whythey are not appropriate. The BMPexamples listed below are not intendedto be an exclusive list of BMPs that youmay use. You are encouraged to keepabreast of new BMPs or newapplications of existing BMPs to findthe most cost effective means of permitcompliance for your facility. If BMPs arebeing used or planned at the facilitywhich are not listed here (e.g., replacinga chemical with a less toxic alternative,adopting a new or innovative BMP,etc.), include descriptions of them inthis section of the SWPPP.

4.2.7.2.1 Non-Structural BMPs.4.2.7.2.1.1 Good Housekeeping: You

must keep all exposed areas of thefacility in a clean, orderly mannerwhere such exposed areas couldcontribute pollutants to storm waterdischarges. Common problem areasinclude: around trash containers,storage areas and loading docks.Measures must also include: a schedulefor regular pickup and disposal of

garbage and waste materials; routineinspections for leaks and conditions ofdrums, tanks and containers.

4.2.7.2.1.2 Minimizing Exposure:Where practicable, industrial materialsand activities should be protected by astorm resistant shelter to preventexposure to rain, snow, snowmelt, orrunoff.

Note: Eliminating exposure at all industrialareas may make the facility eligible for the 40CFR 122.26(g) ‘‘No Exposure’’ exclusion fromneeding to have a permit.

4.2.7.2.1.3 Preventive Maintenance:You must have a preventivemaintenance program which includestimely inspection and maintenance ofstorm water management devices, (e.g.,cleaning oil/water separators, catchbasins) as well as inspecting, testing,maintaining and repairing facilityequipment and systems to avoidbreakdowns or failures that may resultin discharges of pollutants to surfacewaters.

4.2.7.2.1.4 Spill Prevention andResponse Procedures: You mustdescribe the procedures which will befollowed for cleaning up spills or leaks.Those procedures, and necessary spillresponse equipment, must be madeavailable to those employees that maycause or detect a spill or leak. Whereappropriate, you must explain existingor planned material handlingprocedures, storage requirements,secondary containment, and equipment(e.g., diversion valves), which areintended to minimize spills or leaks atthe facility. Measures for cleaning uphazardous material spills or leaks mustbe consistent with applicable RCRAregulations at 40 CFR Part 264 and 40CFR Part 265.

4.2.7.2.1.5 Routine FacilityInspections: In addition to or as part ofthe comprehensive site evaluationrequired under Part 4.9, you must havequalified facility personnel inspect allareas of the facility where industrialmaterials or activities are exposed tostorm water. The inspections mustinclude an evaluation of existing stormwater BMPs. Your SWPPP must identifyhow often these inspections will beconducted. You must correct anydeficiencies in implementation of yourSWP3 you find as soon as practicable,but not later than within 14 days of theinspection. You must document in yourSWPPP the results of your inspectionsand the corrective actions you took inresponse to any deficiencies oropportunities for improvement that youidentify.

4.2.7.2.1.6 Employee Training: Youmust describe the storm water employeetraining program for the facility. The

description should include the topics tobe covered, such as spill response, goodhousekeeping and material managementpractices, and must identify periodicdates (e.g., every 6 months during themonths of July and January) for suchtraining. You must provide employeetraining for all employees that work inareas where industrial materials oractivities are exposed to storm water,and for employees that are responsiblefor implementing activities identified inthe SWPPP (e.g., inspectors,maintenance people). The employeetraining should inform them of thecomponents and goals of your SWPPP.

4.2.7.2.2 Structural BMPs.4.2.7.2.2.1 Sediment and Erosion

Control: You must identify the areas atyour facility which, due to topography,land disturbance (e.g., construction), orother factors, have a potential forsignificant soil erosion. You mustdescribe the structural, vegetative, and/or stabilization BMPs that you will beimplementing to limit erosion.

4.2.7.2.2.2 Management of Runoff:You must describe the traditional stormwater management practices (permanentstructural BMPs other than those whichcontrol the generation or source(s) ofpollutants) that currently exist or thatare planned for your facility. Thesetypes of BMPs typically are used todivert, infiltrate, reuse, or otherwisereduce pollutants in storm waterdischarges from the site. All BMPs thatyou determine are reasonable andappropriate, or are required by a Stateor local authority; or are necessary tomaintain eligibility for the permit (seePart 1.2.3—Limitations on Coverage)must be implemented and maintained.Factors to consider when you areselecting appropriate BMPs shouldinclude: (1) The industrial materials andactivities that are exposed to stormwater, and the associated pollutantpotential of those materials andactivities; and (2) the beneficial andpotential detrimental effects on surfacewater quality, ground water quality,receiving water base flow (dry weatherstream flow), and physical integrity ofreceiving waters. (See ‘‘User’s Guide tothe MSGP–2000’’ for Considerations inSelection of BMPs) Structural measuresshould be placed on upland soils,avoiding wetlands and floodplains, ifpossible. Structural BMPs may require aseparate permit under section 404 of theCWA before installation begins.

4.2.7.2.2.3 Example BMPs: BMPsyou could use include but are notlimited to: storm water detentionstructures (including wet ponds); stormwater retention structures; flowattenuation by use of open vegetatedswales and natural depressions;



infiltration of runoff onsite; andsequential systems (which combineseveral practices).

4.2.7.2.3 Other Controls. No solidmaterials, including floatable debris,may be discharged to waters of theUnited States, except as authorized by apermit issued under section 404 of theCWA. Off-site vehicle tracking of raw,final, or waste materials or sediments,and the generation of dust must beminimized. Tracking or blowing of raw,final, or waste materials from areas of noexposure to exposed areas must beminimized. Velocity dissipation devicesmust be placed at discharge locationsand along the length of any outfallchannel if they are necessary to providea non-erosive flow velocity from thestructure to a water course.

4.3 Maintenance

All BMPs you identify in your SWPPPmust be maintained in effectiveoperating condition. If site inspectionsrequired by Part 4.9 identify BMPs thatare not operating effectively,maintenance must be performed beforethe next anticipated storm event, or asnecessary to maintain the continuedeffectiveness of storm water controls. Ifmaintenance prior to the nextanticipated storm event isimpracticable, maintenance must bescheduled and accomplished as soon aspracticable. In the case of non-structuralBMPs, the effectiveness of the BMPmust be maintained by appropriatemeans (e.g., spill response suppliesavailable and personnel trained, etc.).

4.4 Non-Storm Water Discharges

4.4.1 Certification of Non-StormWater Discharges

4.4.1.1 Your SWPPP must include acertification that all discharges (i.e.,outfalls) have been tested or evaluatedfor the presence of non-storm water. Thecertification must be signed inaccordance with Part 9.7 of this permit,and include:

4.4.1.1.1 The date of any testingand/or evaluation;

4.4.1.1.2 Identification of potentialsignificant sources of non-storm water atthe site;

4.4.1.1.3 A description of the resultsof any test and/or evaluation for thepresence of non-storm water discharges;

4.4.1.1.4 A description of theevaluation criteria or testing methodused; and

4.4.1.1.5 A list of the outfalls oronsite drainage points that were directlyobserved during the test.

4.4.1.2 You do not need to sign anew certification if one was alreadycompleted for either the 1992 baseline

Industrial General Permit or the 1995Multi-sector General Permit and youhave no reason to believe conditions atthe facility have changed.

4.4.1.3 If you are unable to providethe certification required (testing fornon-storm water discharges), you mustnotify the Director 180 days aftersubmitting an NOI to be covered by thispermit. If the failure to certify is causedby the inability to perform adequatetests or evaluations, such notificationmust describe:

4.4.1.3.1 Reason(s) why certificationwas not possible;

4.4.1.3.2 The procedure of any testattempted;

4.4.1.3.3 The results of such test orother relevant observations; and

4.4.1.3.4 Potential sources of non-storm water discharges to the stormsewer.

4.4.1.4 A Copy of the notificationmust be included in the SWPPP at thefacility. Non-storm water discharges towaters of the United States which arenot authorized by an NPDES permit areunlawful, and must be terminated.

4.4.2 Allowable Non-Storm WaterDischarges

4.4.2.1 Certain sources of non-stormwater are allowable under this permit(see 1.2.2.2—Allowable Non-StormWater Discharges). In order for thesedischarges to be allowed, your SWPPPmust include:

4.4.2.1.1 Identification of eachallowable non-storm water source;

4.4.2.1.2 The location where it islikely to be discharged; and

4.4.2.1.3 Descriptions of appropriateBMPs for each source.

4.4.2.2 Except for flows from firefighting activities, you must identify inyour SWPPP all sources of allowablenon-storm water that are dischargedunder the authority of this permit.

4.4.2.3 If you include mist blownfrom cooling towers amongst yourallowable non-storm water discharges,you must specifically evaluate thepotential for the discharges to becontaminated by chemicals used in thecooling tower and determined that thelevels of such chemicals in thedischarges would not cause orcontribute to a violation of an applicablewater quality standard afterimplementation of the BMPs you haveselected to control such discharges.

4.5 Documentation of PermitEligibility Related to EndangeredSpecies

Your SWPPP must includedocumentation supporting yourdetermination of permit eligibility withregard to Part 1.2.3.6 (EndangeredSpecies), including:

4.5.1 Information on whether listedendangered or threatened species, orcritical habitat, are found in proximityto your facility;

4.5.2 Whether such species may beaffected by your storm water dischargesor storm water discharge-relatedactivities;

4.5.3 Results of your Addendum Aendangered species screeningdeterminations; and

4.5.4 A description of measuresnecessary to protect listed endangeredor threatened species, or critical habitat,including any terms or conditions thatare imposed under the eligibilityrequirements of Part 1.2.3.6. If you failto describe and implement suchmeasures, your discharges are ineligiblefor coverage under this permit.

4.6 Documentation of PermitEligibility Related to Historic Places

Your SWPPP must includedocumentation supporting yourdetermination of permit eligibility withregard to Part 1.2.3.7 (Historic Places),including:

4.6.1 Information on whether yourstorm water discharges or storm waterdischarge-related activities would havean effect on a property that is listed oreligible for listing on the NationalRegister of Historic Places;

4.6.2 Where effects may occur, anywritten agreements you have made withthe State Historic Preservation Officer,Tribal Historic Preservation Officer, orother Tribal leader to mitigate thoseeffects;

4.6.3 Results of your Addendum Bhistoric places screeningdeterminations; and

4.6.4 Description of measuresnecessary to avoid or minimize adverseimpacts on places listed, or eligible forlisting, on the National Register ofHistoric Places, including any terms orconditions that are imposed under theeligibility requirements of Part 1.2.3.7 ofthis permit. If you fail to describe andimplement such measures, yourdischarges are ineligible for coverageunder this permit.

4.7 Copy of Permit RequirementsYou must include a copy of this

permit in your SWPPP.Note: The confirmation of coverage letter

you receive from the NOI Processing Centerassigning your permit number IS NOT yourpermit—it merely acknowledges that yourNOI has been accepted and you have beenauthorized to discharge subject to the termsand conditions of today’s permit.

4.8 Applicable State, Tribal or LocalPlans

Your SWPPP must be consistent (andupdated as necessary to remain



consistent) with applicable State, Tribaland/or local storm water, wastedisposal, sanitary sewer or septic systemregulations to the extent these apply toyour facility and are more stringent thanthe requirements of this permit.

4.9 Comprehensive Site ComplianceEvaluation

4.9.1 Frequency and InspectorsYou must conduct facility inspections

at least once a year. The inspectionsmust be done by qualified personnelprovided by you. The qualifiedpersonnel you use may be either yourown employees or outside consultantsthat you have hired, provided they areknowledgeable and possess the skills toassess conditions at your facility thatcould impact storm water quality andassess the effectiveness of the BMPs youhave chosen to use to control the qualityof your storm water discharges. If youdecide to conduct more frequentinspections, your SWPPP must specifythe frequency of inspections.

4.9.2 Scope of the ComplianceEvaluation

Your inspections must include allareas where industrial materials oractivities are exposed to storm water, asidentified in 4.2.4, and areas wherespills and leaks have occurred withinthe past 3 years. Inspectors should lookfor: (a) Industrial materials, residue ortrash on the ground that couldcontaminate or be washed away instorm water; (b) leaks or spills fromindustrial equipment, drums, barrels,tanks or similar containers; (c) offsitetracking of industrial materials orsediment where vehicles enter or exitthe site; (d) tracking or blowing of raw,final, or waste materials from areas of noexposure to exposed areas and (e) forevidence of, or the potential for,pollutants entering the drainage system.Results of both visual and any analyticalmonitoring done during the year mustbe taken into consideration during theevaluation. Storm water BMPsidentified in your SWPPP must beobserved to ensure that they areoperating correctly. Where dischargelocations or points are accessible, theymust be inspected to see whether BMPsare effective in preventing significantimpacts to receiving waters. Wheredischarge locations are inaccessible,nearby downstream locations must beinspected if possible.

4.9.3 Follow-Up ActionsBased on the results of the inspection,

you must modify your SWPPP asnecessary (e.g., show additional controlson map required by Part 4.2.2.3; revisedescription of controls required by Part

4.2.7 to include additional or modifiedBMPs designed to correct problemsidentified. You must complete revisionsto the SWPPP within 14 calendar daysfollowing the inspection. If existingBMPs need to be modified or ifadditional BMPs are necessary,implementation must be completedbefore the next anticipated storm event,if practicable, but not more than twelve(12) weeks after completion of thecomprehensive site evaluation.

4.9.4 Compliance Evaluation ReportYou must insure a report

summarizing the scope of theinspection, name(s) of personnel makingthe inspection, the date(s) of theinspection, and major observationsrelating to the implementation of theSWPPP is completed and retained aspart of the SWPPP for at least threeyears from the date permit coverageexpires or is terminated. Majorobservations should include: thelocation(s) of discharges of pollutantsfrom the site; location(s) of BMPs thatneed to be maintained; location(s) ofBMPs that failed to operate as designedor proved inadequate for a particularlocation; and location(s) whereadditional BMPs are needed that did notexist at the time of inspection. You mustretain a record of actions taken inaccordance with Part 4.9 of this permitas part of the Storm Water PollutionPrevention Plan for at least three yearsfrom the date that permit coverageexpires or is terminated. The inspectionreports must identify any incidents ofnon-compliance. Where an inspectionreport does not identify any incidents ofnon-compliance, the report mustcontain a certification that the facility isin compliance with the Storm WaterPollution Prevention Plan and thispermit. Both the inspection report andany reports of follow-up actions must besigned in accordance with Part 9.7(reporting) of this permit.

4.9.5 Credit As a Routine FacilityInspection

Where compliance evaluationschedules overlap with inspectionsrequired under Part 4.2.7.2.1.5, yourannual compliance evaluation may alsobe used as one of the Part 4.2.7.5 routineinspections.

4.10 Maintaining Updated SWPPPYou must amend the Storm Water

Pollution Prevention Plan whenever:4.10.1 there is a change in design,

construction, operation, or maintenanceat your facility which has a significanteffect on the discharge, or potential fordischarge, of pollutants from yourfacility;

4.10.2 During inspections,monitoring, or investigations by you orby local, State, Tribal or Federal officialsit is determined the SWPPP isineffective in eliminating orsignificantly minimizing pollutantsfrom sources identified under 4.2.4, oris otherwise not achieving the generalobjectives of controlling pollutants indischarges from your facility.

4.11 Signature, Plan Review andMaking Plans Available

4.11.1 You must sign your SWPPPin accordance with Part 9.7, and retainthe plan on-site at the facility coveredby this permit (see Part 8 for recordsretention requirements).

4.11.2 You must keep a copy of theSWPPP on-site or locally available tothe Director for review at the time of anon-site inspection. You must make yourSWPPP available upon request to theDirector, a State, Tribal or local agencyapproving storm water managementplans, or the operator of a municipalseparate storm sewer receivingdischarge from the site. Also, in theinterest of the public’s right to know,you must provide a copy of your SWPPPto the public if requested in writing todo so.

4.11.3 The Director may notify youat any time that your SWPPP does notmeet one or more of the minimumrequirements of this permit. Thenotification will identify provisions ofthis permit which are not being met, aswell as the required modifications.Within thirty (30) calendar days ofreceipt of such notification, you mustmake the required changes to theSWPPP and submit to the Director awritten certification that the requestedchanges have been made.

4.11.4 You must make the SWPPPavailable to the USFWS or NMFS uponrequest.

4.12 Additional Requirements forStorm Water Discharges AssociatedWith Industrial Activity From FacilitiesSubject to EPCRA Section 313Reporting Requirements

Potential pollutant sources for whichyou have reporting requirements underEPCRA 313 must be identified in yoursummary of potential pollutant sourcesas per Part 4.2.4. Note this additionalrequirement only applies to you if youare subject to reporting requirementsunder EPCRA 313.

5. Monitoring Requirements andNumeric Limitations

There are five individual and separatecategories of monitoring requirementsand numeric limitations that yourfacility may be subject to under this



permit. The monitoring requirementsand numeric limitations applicable toyour facility depend on a number offactors, including: (1) The types ofindustrial activities generating stormwater runoff from your facility, and (2)the state or tribe where your facility islocated. Part 6 identifies monitoringrequirements applicable to specificsectors of industrial activity. Part 13contains additional requirements thatapply only to facilities located in aparticular State or Indian country land.You must review Parts 5, 6 and 13 of thepermit to determine which monitoringrequirements and numeric limitationsapply to your facility. Unless otherwisespecified, limitations and monitoringrequirements under Parts 5, 6, and 13are additive.

Sector-specific monitoringrequirements and limitations areapplied discharge by discharge atfacilities with co-located activities.Where storm water from the co-locatedactivities are co-mingled, the monitoringrequirements and limitations areadditive. Where more than one numericlimitation for a specific parameterapplies to a discharge, compliance withthe more restrictive limitation isrequired. Where monitoringrequirements for a monitoring quarteroverlap (e.g., need to monitor TSS 1/year for a limit and also 1/quarter forbenchmark monitoring), you may use asingle sample to satisfy both monitoringrequirements.

5.1 Types of Monitoring Requirementsand Limitations

5.1.1 Quarterly Visual Monitoring

The requirements and procedures forquarterly visual monitoring areapplicable to all facilities covered underthis permit, regardless of your facility’ssector of industrial activity.

5.1.1.1 You must perform anddocument a quarterly visualexamination of a storm water dischargeassociated with industrial activity fromeach outfall, except dischargesexempted below. The visualexamination must be made duringdaylight hours (e.g., normal workinghours). If no storm event resulted inrunoff from the facility during amonitoring quarter, you are excused

from visual monitoring for that quarterprovided you document in yourmonitoring records that no runoffoccurred. You must sign and certify thedocumentation in accordance with Part9.7.

5.1.1.2 Your visual examinationsmust be made of samples collectedwithin the first 30 minutes (or as soonthereafter as practical, but not to exceed1 hour) of when the runoff or snowmeltbegins discharging from your facility.The examination must documentobservations of color, odor, clarity,floating solids, settled solids, suspendedsolids, foam, oil sheen, and otherobvious indicators of storm waterpollution. The examination must beconducted in a well lit area. Noanalytical tests are required to beperformed on the samples. All suchsamples must be collected from thedischarge resulting from a storm eventthat is greater than 0.1 inches inmagnitude and that occurs at least 72hours from the previously measurable(greater than 0.1 inch rainfall) stormevent. The 72-hour storm interval iswaived when the preceding measurablestorm did not yield a measurabledischarge, or if you are able todocument that less than a 72-hourinterval is representative for local stormevents during the sampling period.Where practicable, the same individualshould carry out the collection andexamination of discharges for the entirepermit term. If no qualifying stormevent resulted in runoff from the facilityduring a monitoring quarter, you areexcused from visual monitoring for thatquarter provided you document in yourmonitoring records that no qualifyingstorm event occurred that resulted instorm water runoff during that quarter.You must sign and certify thedocumentation in accordance with Part9.7.

5.1.1.3 You must maintain yourvisual examination reports onsite withthe Storm Water Pollution PreventionPlan. The report must include theexamination date and time, examinationpersonnel, the nature of the discharge (i.e.,runoff or snow melt), visual quality ofthe storm water discharge (includingobservations of color, odor, clarity,floating solids, settled solids, suspendedsolids, foam, oil sheen, and other

obvious indicators of storm waterpollution), and probable sources of anyobserved storm water contamination.

5.1.1.4 Inactive and Unstaffed Sites:When you are unable to conduct visualstorm water examinations at an inactiveand unstaffed site, you may exercise awaiver of the monitoring requirement aslong as the facility remains inactive andunstaffed. If you exercise this waiver,you must maintain a certification withthe Storm Water Pollution PreventionPlan stating that the site is inactive andunstaffed and that performing visualexaminations during a qualifying eventis not feasible. You must sign andcertify the waiver in accordance withPart 9.7.

5.1.2 Benchmark Monitoring ofDischarges Associated With SpecificIndustrial Activities

Table 5–1 identifies the specificindustrial sectors subject to theBenchmark Monitoring requirements ofthis permit and the industry-specificpollutants of concern. You must refer tothe tables found in the individualSectors in Part 6 for BenchmarkMonitoring Cut-Off Concentrations. Ifyour facility has co-located activities(see Part 1.2.1.1) described in more thanone sector in Part 6, you must complywith all applicable benchmarkmonitoring requirements from eachsector.

The results of benchmark monitoringare primarily for your use to determinethe overall effectiveness of your SWPPPin controlling the discharge ofpollutants to receiving waters.Benchmark values, included in Part 6 ofthis permit, are not viewed as effluentlimitations. An exceedance of abenchmark value does not, in and ofitself, constitute a violation of thispermit. While exceedance of abenchmark value does not automaticallyindicate that violation of a water qualitystandard has occurred, it does signalthat modifications to the SWPPP may benecessary. In addition, exceedance ofbenchmark values may identify facilitiesthat would be more appropriatelycovered under an individual, oralternative general permit where morespecific pollution prevention controlscould be required.

TABLE 5–1.—INDUSTRY SECTORS/SUB-SECTORS SUBJECT TO BENCHMARK MONITORING

MSGP sector 1 Industry sub-sector Required parameters for benchmark monitoring

A ........................................................ General Sawmills and Planing Mills .........................Wood Preserving Facilities .......................................Log Storage and Handling .......................................Hardwood Dimension and Flooring Mills .................

COD, TSS, Zinc.Arsenic, Copper.TSS.COD, TSS.

B ........................................................ Paperboard Mills ...................................................... COD.



TABLE 5–1.—INDUSTRY SECTORS/SUB-SECTORS SUBJECT TO BENCHMARK MONITORING—Continued

MSGP sector 1 Industry sub-sector Required parameters for benchmark monitoring

C ........................................................ Industrial Inorganic Chemicals .................................Plastics, Synthetic Resins, etc. ................................

Aluminum, Iron, Nitrate + Nitrite N.Zinc.

Soaps, Detergents, Cosmetics, Perfumes ............... Nitrate + Nitrite N, Zinc.Agricultural Chemicals .............................................. Nitrate + Nitrite N, Lead, Iron, Zinc, Phosphorus.

D ........................................................ Asphalt Paving and Roofing Materials ..................... TSS.E ........................................................ Clay Products ...........................................................

Concrete Products ....................................................Aluminum.TSS, Iron.

F ......................................................... Steel Works, Blast Furnaces, and Rolling and Fin-ishing Mills.

Iron and Steel Foundries ..........................................Non-Ferrous Rolling and Drawing ............................Non-Ferrous Foundries (Castings) ...........................

Aluminum, Zinc.

Aluminum, TSS, Copper, Iron, Zinc.Copper, Zinc.Copper, Zinc.

G 2 ...................................................... Copper Ore Mining and Dressing ............................ COD, TSS, Nitrate + Nitrite NH ........................................................ Coal Mines and Coal-Mining Related Facilities ....... TSS, Aluminum, IronJ ......................................................... Dimension Stone, Crushed Stone, and Nonmetallic

Minerals (except fuels).Sand and Gravel Mining ..........................................

TSS.

Nitrate + Nitrite N, TSS.K ........................................................ Hazardous Waste Treatment Storage or Disposal .. Ammonia, Magnesium, COD, Arsenic, Cadmium,

Cyanide, Lead, Mercury, Selenium, Silver.L ......................................................... Landfills, Land Application Sites, and Open Dumps Iron, TSS.M ........................................................ Automobile Salvage Yards ....................................... TSS, Aluminum, Iron, Lead.N ........................................................ Scrap Recycling ....................................................... Copper, Aluminum, Iron, Lead, Zinc, TSS, COD.O ........................................................ Steam Electric Generating Facilities ........................ Iron.Q ........................................................ Water Transportation Facilities ................................ Aluminum, Iron, Lead, Zinc.S ........................................................ Airports with deicing activities 3 ................................ BOD, COD, Ammonia, pH.U ........................................................ Grain Mill Products ...................................................

Fats and Oils ............................................................TSS.BOD, COD, Nitrate + Nitrite N, TSS.

Y ........................................................ Rubber Products ...................................................... Zinc.AA ...................................................... Fabricated Metal Products Except Coating .............

Fabricated Metal Coating and Engraving ................Iron, Aluminum, Zinc, Nitrate + Nitrite N.Zinc, Nitrate + Nitrite N.

1 Table does not include parameters for compliance monitoring under effluent limitations guidelines.2 See Sector G (Part 6.G) for additional monitoring discharges from waste rock and overburden piles from active ore mining or dressing facili-

ties.3 Monitoring requirement is for airports with deicing activities that utilize more than 100 tons of urea or more than 100,000 gallons of ethylene

glycol per year.

5.1.2.1 Monitoring Periods forBenchmark Monitoring. Unlessotherwise specified in Part 6,benchmark monitoring periods areOctober 1, 2001 to September 30, 2002(year two of the permit) and October 1,2003 to September 30, 2004 (year fourof the permit). If your facility fallswithin a Sector(s) required to conductbenchmark monitoring, you mustmonitor quarterly (4 times a year)during at least one, and potentially both,monitoring periods; unless otherwisespecified in the sector-specificrequirements of Part 6. Depending onthe results of the 2001–2002 monitoringyear, you may not be required toconduct benchmark monitoring in the2003–2004 monitoring year (see Part5.1.2.2).

5.1.2.2 Benchmark Monitoring Year2003–2004 Waivers for Facilities TestingBelow Benchmark Values. All of theprovisions of Part 5.1.2.2 are available topermittees except as noted in Part 6.Waivers from benchmark monitoring are

available to facilities whose dischargesare below benchmark values, thus thereis an incentive for facilities to improvethe effectiveness of their SWPPPs ineliminating discharges of pollutants andavoid the cost of monitoring.

On both a parameter by parameter andoutfall by outfall basis, you are notrequired to conduct sector-specificbenchmark monitoring in the 2003–2004 monitoring year provided:

• You collected samples for all fourquarters of the 2001–2002 monitoringyear and the average concentration wasbelow the benchmark value in Part 6;and

• You are not subject to a numericlimitation or State/Tribal-specificmonitoring requirement for thatparameter established in Part 5.2 or Part13; and

• You include a certification in theSWPPP that based on current potentialpollutant sources and BMPs used,discharges from the facility arereasonably expected to be essentiallythe same (or cleaner) compared to when

the benchmark monitoring for the 2001–2002 monitoring year was done.

5.1.2.3 Inactive and Unstaffed Sites.If you are unable to conduct benchmarkmonitoring at an inactive and unstaffedsite, you may exercise a waiver of themonitoring requirement as long as thefacility remains inactive and unstaffed.If you exercise this waiver, you mustmaintain a certification with your StormWater Pollution Prevention Plan statingthat the site is inactive and unstaffedand that performing benchmarkmonitoring during a qualifying stormevent is not feasible. You must sign andcertify the waiver in accordance withPart 9.7.

5.1.3 Coal Pile Runoff

5.1.3.1 If your facility has dischargesof storm water from coal storage piles,you must comply with the limitationsand monitoring requirements of Table5–2 for all discharges containing thecoal pile runoff, regardless of yourfacility’s sector of industrial activity.



TABLE 5–2.—NUMERIC LIMITATIONS FOR COAL PILE RUNOFF

Parameter Limit Monitoring frequency Sample type

Total Suspended Solids (TSS) ................. 50 mg/L, max ........................................... 1/year ....................................................... Grab.pH .............................................................. 6.0–9.0 min. and max .............................. 1/year ....................................................... Grab.

5.1.3.2 You must not dilute coal pilerunoff with storm water or other flowsin order to meet this limitation.

5.1.3.3 If your facility is designed,constructed and operated to treat thevolume of coal pile runoff that isassociated with a 10-year, 24-hourrainfall event, any untreated overflow ofcoal pile runoff from the treatment unitis not subject to the 50 mg/L limitationfor total suspended solids.

5.1.3.4 You must collect and analyzeyour samples in accordance with Part5.2.2. Results of the testing must beretained and reported in accordancewith Part 8 and 9.16.

5.1.4 Compliance Monitoring forDischarges Subject to NumericalEffluent Limitation Guidelines

Table 1–2 of Part 1.2.2.1.3 of thepermit identifies storm water dischargessubject to effluent limitation guidelinesthat are authorized for coverage underthe permit. Facilities subject to stormwater effluent limitation guidelines arerequired to monitor such discharges toevaluate compliance with numericaleffluent limitations. Industry-specificnumerical limitations and compliancemonitoring requirements are describedin Part 6 of the permit.

5.1.5 Monitoring for LimitationsRequired by a State or Tribe

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

5.2 Monitoring Instructions

5.2.1 Monitoring PeriodsIf you are required to conduct

monitoring on an annual or quarterlybasis, you must collect your sampleswithin the following time periods(unless otherwise specified in Part 6):

• The monitoring year is fromOctober 1 to September 30

• If your permit coverage waseffective less than one month from theend of a quarterly or yearly monitoringperiod, your first monitoring periodstarts with the next respectivemonitoring period. (e.g., if permitcoverage begins June 5th, you would notneed to start quarterly sampling untilthe July—September quarter, but you

would only have from June 5th toSeptember 30th to complete that year’sannual monitoring )

5.2.2 Collection and Analysis ofSamples

You must assess your samplingrequirements on an outfall by outfallbasis. You must collect and analyzeyour samples in accordance with therequirements of Part 9.16.

5.2.2.1 When and How to Sample.Take a minimum of one grab samplefrom the discharge associated withindustrial activity resulting from a stormevent with at least 0.1 inch ofprecipitation (defined as a ‘‘measurable’’event), providing the interval from thepreceding measurable storm is at least72 hours. The 72-hour storm interval iswaived when the preceding measurablestorm did not yield a measurabledischarge, or if you are able todocument that less than a 72-hourinterval is representative for local stormevents during the sampling period.

Take the grab sample during the first30 minutes of the discharge. If it is notpracticable to take the sample duringthe first 30 minutes, sample during thefirst hour of discharge and describe whya grab sample during the first 30minutes was impracticable. Submit thisinformation on or with the dischargemonitoring report (see Part 7.1). If thesampled discharge commingles withprocess or non-process water, attempt tosample the storm water discharge beforeit mixes with the non-storm water.

To get help with monitoring, consultthe Guidance Manual for the Monitoringand Reporting Requirements of theNPDES Storm Water Multi-SectorGeneral Permit which can be downloaded from the EPA Web Site atwww.epa.gov/OWM/sw/industry/index.htm. It can also be ordered fromthe Office of Water Resource Center bycalling 202–260–7786.

5.2.3 Storm Event DataAlong with the results of your

monitoring, you must provide the dateand duration (in hours) of the stormevent(s) samples; rainfall measurementsor estimates (in inches) of the stormevent that generated the sampled runoff;the duration between the storm eventsamples and the end of the previousmeasurable (greater than 0.1 inchrainfall) storm event; and an estimate of

the total volume (in gallons) of thedischarge samples.

5.2.4 Representative Outfalls—Essential Identical Discharges

If your facility has two (2) or moreoutfalls that you believe dischargesubstantially identical effluents, basedon similarities of the industrialactivities, significant materials or stormwater management practices occurringwithin the outfalls’ drainage areas, youmay test the effluent of just one of theoutfalls and report that the quantitativedata also applies to the substantiallyidentical outfall(s). For this to bepermissible, you must describe in theStorm Water Pollution Prevention Planand include in the Discharge MonitoringReport the following: locations of theoutfalls; why the outfalls are expected todischarge substantially identicaleffluents; estimates of the size of thedrainage area (in square feet) for each ofthe outfalls; and an estimate of therunoff coefficient of the drainage areas(low: under 40 percent; medium: 40 to65 percent; high: above 65 percent).Note: Page 107 of the NPDES StormWater Sampling Guidance Document(EPA 800/B–92–001) lists criteria forsubstantially identical outfalls (availableon EPA’s web site at http://www.epa.gov/owm/sw/industry/).

5.3 General Monitoring Waivers

Unless specifically stated otherwise,the following waivers may be applied toany monitoring required under thispermit.

5.3.1 Adverse Climatic ConditionsWaiver

When adverse weather conditionsprevent the collection of samples, takea substitute sample during a qualifyingstorm event in the next monitoringperiod, or four samples per monitoringyear when weather conditions do notallow for samples to be spaced evenlyduring the year. Adverse conditions(i.e., those which are dangerous orcreate inaccessibility for personnel) mayinclude such things as local flooding,high winds, electrical storms, orsituations which otherwise makesampling impracticable such as droughtor extended frozen conditions.



5.3.2 Alternative Certification of ‘‘NotPresent or No Exposure’’

You are not subject to the analyticalmonitoring requirements of Part 5.1.2provided:

5.3.2.1 You make a certification fora given outfall, or on a pollutant-by-pollutant basis in lieu of monitoringrequired under Part 5.1.2, that materialhandling equipment or activities, rawmaterials, intermediate products, finalproducts, waste materials, by-products,industrial machinery or operations, orsignificant materials from pastindustrial activity that are located inareas of the facility within the drainagearea of the outfall are not presentlyexposed to storm water and are notexpected to be exposed to storm waterfor the certification period; and

5.3.2.2 Your certification is signedin accordance with Part 9.7, retained inthe Storm Water Pollution PreventionPlan, and submitted to EPA inaccordance with Part 7. In the case ofcertifying that a pollutant is not present,the permittee must submit thecertification along with the monitoringreports required Part 7; and

5.3.2.3 If you cannot certify for anentire period, you must submit the dateexposure was eliminated and anymonitoring required up until that date;and

5.3.2.4 No numeric limitation orState-specific monitoring requirementfor that parameter is established in Part5 or Part 13.

5.4 Monitoring Required by theDirector

The Director may provide writtennotice to any facility, including thoseotherwise exempt from the samplingrequirements of Parts 5, 6 and 12,requiring discharge sampling for aspecific monitoring frequency forspecific parameters. Any such noticewill briefly state the reasons for themonitoring, parameters to be monitored,frequency and period of monitoring,sample types, and reportingrequirements.

5.5 Reporting Monitoring Results

Deadlines and procedures forsubmitting monitoring reports arecontained in Part 7.

6. Sector-Specific Requirements forIndustrial Activity

You only need to comply with theadditional requirements of Part 6 that

apply to the sector(s) of industrialactivity at your facility. These sector-specific requirements are in addition tothe ‘‘basic’’ requirements specified inParts 1–5 and 7–13 of this permit.

6.A Sector A—Timber Products

6.A.1 Covered Storm WaterDischarges

The requirements in Part 6.A apply tostorm water discharges associated withindustrial activity from Timber Productsfacilities as identified by the SIC Codesspecified under Sector A in Table 1–1of Part 1.2.1.

6.A.2 Industrial Activities Covered bySector A

The types of activities that permitteesunder Sector A are primarily engaged inare:

6.A.2.1 Cutting timber andpulpwood (those that have log storage orhandling areas);

6.A.2.2 Mills, including merchant,lath, shingle, cooperage stock, planing,plywood and veneer;

6.A.2.3 Producing lumber and woodbasic materials;

6.A.2.4 Wood preserving;6.A.2.5 Manufacturing finished

articles made entirely of wood or relatedmaterials except wood kitchen cabinetmanufacturers (covered under Part6.23);

6.A.2.6 Manufacturing woodbuildings or mobile homes.

6.A.3 Special Coverage Conditions

6.A.3.1 Prohibition of Discharges.(See also Part 1.2.3.1) Not covered bythis permit: storm water discharges fromareas where there may be contact withthe chemical formulations sprayed toprovide surface protection. Thesedischarges must be covered by aseparate NPDES permit.

6.A.3.2 Authorized Non-StormWater Discharges. (See also Part 1.2.3.1)Also authorized by this permit,provided the non-storm watercomponent of the discharge is incompliance with SWPPP requirementsin Part 4.2.7 (Controls): discharges fromthe spray down of lumber and woodproduct storage yards where nochemical additives are used in the spraydown waters and no chemicals areapplied to the wood during storage.

6.A.4 Storm Water PollutionPrevention Plan (SWPPP) Requirements

In addition to the followingrequirements, you must also complywith the requirements listed in Part 4.

6.A.4.1 Drainage Area Site Map.(See also Part 4.2.2.3) Also identifywhere any of the following may beexposed to precipitation/surface runoff:processing areas; treatment chemicalstorage areas; treated wood and residuestorage areas; wet decking areas; drydecking areas; untreated wood andresidue storage areas; and treatmentequipment storage areas.

6.A.4.2 Inventory of ExposedMaterials. (See also Part 4.2.4) Wheresuch information exists, if your facilityhas used chlorophenolic, creosote orchromium-copper-arsenic formulationsfor wood surface protection orpreserving, identify the following: areaswhere contaminated soils, treatmentequipment and stored materials stillremain, and the management practicesemployed to minimize the contact ofthese materials with storm water runoff.

6.A.4.3 Description of Storm WaterManagement Controls. (See also Part4.2.7). Describe and implementmeasures to address the followingactivities/sources: log, lumber and woodproduct storage areas; residue storageareas; loading and unloading areas;material handling areas; chemicalstorage areas; and equipment/vehiclemaintenance, storage and repair areas. Ifyour facility performs wood surfaceprotection/preservation activities,address the specific BMPs for theseactivities.

6.A.4.4 Good Housekeeping. (Seealso Part 4.2.7.2.1.1). In areas wherestorage, loading/unloading and materialhandling occur, perform goodhousekeeping to limit the discharge ofwood debris; minimize the leachategenerated from decaying woodmaterials; and minimize the generationof dust.

6.A.4.5 Inspections. (See also Part4.2.7.2.1.5). If your facility performswood surface protection/preservationactivities, inspect processing areas,transport areas and treated wood storageareas monthly to assess the usefulnessof practices to minimize the deposit oftreatment chemicals on unprotectedsoils and in areas that will come incontact with storm water discharges.

6.A.5 Monitoring and ReportingRequirements (See also Part 5)



TABLE A–1.—SECTOR-SPECIFIC NUMERIC LIMITATIONS AND BENCHMARK MONITORING

[Sector of permit affected/supplemental requirements]

Subsector(Discharge may be subject to requirements for more

than one sector/subsector)Parameter Benchmark monitoring cut-

off concentration 1 Numeric limitation 2

General Sawmills and Planning Mills (SIC 2421) ........... Chemical Oxygen Demand(COD).

120.0 mg/L.

Total Suspended Solids(TSS).

100 mg/L.

Total Zinc ........................... 0.117 mg/L.Wood Preserving (SIC 2491) .......................................... Total Arsenic ..................... 0.16854 mg/L.

Total Copper ...................... 0.0636 mg/L.Log Storage and Handling (SIC 2411) ............................ Total Suspended Solids

(TSS).100 mg/L.

Wet Decking Discharges at Log Storage and HandlingAreas (SIC 2411).

pH ...................................... ............................................ 6.0–9.0 s.u.

Debris (woody materialsuch as bark, twigs,branches, heartwood, orsapwood).

............................................ No Discharge of debristhat will not pass througha 2.54 cm (1″) diameterround opening.

Hardwood Dimension and Flooring Mills; Special Prod-ucts Sawmills, not elsewhere classified; Millwork, Ve-neer, Plywood and Structural Wood; Wood Con-tainers; Wood Buildings and Mobile Homes; Recon-stituted Wood Products; and Wood Products Facilitiesnot elsewhere classified (SIC Codes 2426, 2429,2431–2439 (except 2434), 2448, 2449, 2451, 2452,2593, and 2499).

Chemical Oxygen Demand(COD).

120.0 mg/L.


100.0 mg/L.

1 Monitor once/quarter for the year 2 and year 4 monitoring years.2 Monitor once per year for each monitoring year.

6.B Sector B—Paper and AlliedProducts Manufacturing

6.B.1 Covered Storm WaterDischarges

The requirements in Part 6.B apply tostorm water discharges associated withindustrial activity from Paper andAllied Products Manufacturing facilitiesas identified by the SIC Codes specified

under Sector B in Table 1–1 of Part1.2.1.

6.B.2 Industrial Activities Covered bySector B

The types of activities that permitteesunder Sector B are primarily engaged inare:

6.B.2.1 Manufacture of pulps fromwood and other cellulose fibers andfrom rags;

6.B.2.2 Manufacture of paper andpaperboard into converted products, i.e.paper coated off the paper machine,paper bags, paper boxes and envelopes;

6.B.2.3 Manufacture of bags ofplastic film and sheet.

6.B.3 Monitoring and ReportingRequirements (See also Part 5)

TABLE B–1.—SECTOR-SPECIFIC NUMERIC EFFLUENT LIMITATIONS AND BENCHMARK MONITORING

Subsector(Discharges may be subject to requirements for more

than one sector/subsector)Parameter Benchmark monitoring and

cutoff concentration 1 Numeric limitation

Part of Permit Affected/Supplemental Requirements

Paperboard Mills (SIC Code 2631) ................................. COD ................................... 120.0 mg/L.

1 Monitor once/quarter for the year 2 and year 4 monitoring years

6.C Sector C—Chemical and AlliedProducts Manufacturing

6.C.1 Covered Storm WaterDischarges

The requirements in Part 6.C apply tostorm water discharges associated withindustrial activity from Chemical andAllied Products Manufacturing facilitiesas identified by the SIC Codes specifiedunder Sector C in Table 1–1 of Part1.2.1.

6.C.2 Industrial Activities Covered bySector C

The requirements listed under thisPart apply to storm water dischargesassociated with industrial activity froma facility engaged in manufacturing thefollowing products:

6.C.2.1 basic industrial inorganicchemicals;

6.C.2.2 plastic materials andsynthetic resins, synthetic rubbers, and

cellulosic and other human made fibers,except glass;

6.C.2.3 soap and other detergents,including facilities producing glycerinfrom vegetable and animal fats and oils;speciality cleaning, polishing andsanitation preparations; surface activepreparations used as emulsifiers,wetting agents and finishing agents,including sulfonated oils; and perfumes,cosmetics and other toilet preparations;



6.C.2.4 paints (in paste and readymixed form); varnishes; lacquers;enamels and shellac; putties, woodfillers, and sealers; paint and varnishremovers; paint brush cleaners; andallied paint producers;

6.C.2.5 industrial organic chemicals;6.C.2.6 industrial and household

adhesives, glues, caulking compounds,sealants, and linoleum, tile and rubbercements from vegetable, animal orsynthetic plastic materials; explosives;printing ink, including gravure, screenprocess and lithographic inks;miscellaneous chemical preparationssuch as fatty acids, essential oils, gelatin(except vegetable), sizes, bluing, laundrysours, writing and stamp pad ink,industrial compounds such as boilerand heat insulating compounds, andchemical supplies for foundries;

6.C.2.7 ink and paints, includingchina painting enamels, indian ink,drawing ink, platinum paints for burntwood or leather work, paints for chinapainting, artists’ paints and artists’water colors;

6.C.2.8 nitrogenous and phosphaticbasic fertilizers, mixed fertilizers,

pesticides and other agriculturalchemicals.

6.C.3 Limitations on Coverage6.C.3.1 Prohibition of Non-Storm

Water Discharges. (See also Part 1.2.3.3)Not covered by this permit: non-stormwater discharges containing inks, paintsor substances (hazardous,nonhazardous, etc.) resulting from anonsite spill, including materialscollected in drip pans; washwater frommaterial handling and processing areas;and washwater from drum, tank orcontainer rinsing and cleaning.

6.C.4 Storm Water PollutionPrevention Plan (SWPPP) Requirements


6.C.4.1 Drainage Area Site Map. (Seealso Part 4.2.2.3) Also identify whereany of the following may be exposed toprecipitation/surface runoff: processingand storage areas; access roads, rail carsand tracks; areas where substances aretransferred in bulk; and operatingmachinery.

6.C.4.2 Potential Pollutant Sources.(See also Part 4.2.4) Describe the

following sources and activities thathave potential pollutants associatedwith them: loading, unloading andtransfer of chemicals; outdoor storage ofsalt, pallets, coal, drums, containers,fuels, fueling stations; vehicle andequipment maintenance/cleaning areas;areas where the treatment, storage ordisposal (on- or off-site) of waste/wastewater occur; storage tanks andother containers; processing and storageareas; access roads, rail cars and tracks;areas where the transfer of substances inbulk occurs; and areas where machineryoperates.

6.C.4.3 Good HousekeepingMeasures. (See also Part 4.2.7.2.1.1) Aspart of your good housekeepingprogram, include a schedule for regularpickup and disposal of garbage andwaste materials, or adopt otherappropriate measures to reduce thepotential for discharging storm waterthat has contacted garbage or wastematerials. Routinely inspect thecondition of drums, tanks andcontainers for potential leaks.

6.C.5 Monitoring and ReportingRequirements (See also Part 5)

TABLE C–1.—SECTOR-SPECIFIC NUMERIC EFFLUENT LIMITATIONS AND BENCHMARK MONITORING





Phosphate Subcategory of the Fertilizer ManufacturingPoint Source Category (40 CFR § 418.10)—applies toprecipitation runoff, that during manufacturing orprocessing, comes into contact with any raw mate-rials, intermediate product, finished product, by-prod-ucts or waste product (SIC 2874).

Total Phosphorus (as P) ... ............................................ 105.0 mg/L, daily max.35 mg/L, 30-day avg.

Fluoride .............................. ............................................ 75.0 mg/L, daily max.25.0 mg/L, 30-day avg.

Agricultural Chemicals (2873–2879) ............................... Nitrate plus Nitrite NitrogenTotal Recoverable Lead ....Total Recoverable Iron ......Total Recoverable Zinc .....Phosphorus .......................

0.68 mg/L.0.0816 mg/L. .....................1.0 mg/L. ...........................0.117 mg/L. .......................2.0 mg/L. ...........................

Industrial Inorganic Chemicals (2812–2819) ................... Total Recoverable Alu-minum

Total Recoverable Iron. .....

0.75 mg/L1.0 mg/L ............................0.68 mg/L ..........................

Nitrate plus Nitrite Nitrogen

Soaps, Detergents, Cosmetics, and Perfumes (SIC2841–2844).

Nitrate plus Nitrite NitrogenTotal Recoverable Zinc .....

0.68 mg/L.0.117 mg/L..

Plastics, Synthetics, and Resins (SIC 2821–2824) ........ Total Recoverable Zinc ..... 0.117 mg/L.

1 Monitor once/quarter for the year 2 and year 4 Monitoring Years.2 Monitor once/year for each Monitoring Year.

6.D Sector D—Asphalt Paving andRoofing Materials and LubricantManufacturers

6.D.1 Covered Storm WaterDischarges

The requirements in Part 6.D apply tostorm water discharges associated withindustrial activity from Asphalt Paving

and Roofing Materials and LubricantManufacturers facilities as identified bythe SIC Codes specified under Sector Din Table 1–1 of Part 1.2.1.

6.D.2 Industrial Activities Covered bySector D

The types of activities that permitteesunder Sector D are primarily engaged inare:

6.D.2.1 manufacturing asphaltpaving and roofing materials;



6.D.2.2 portable asphalt plantfacilities;

6.D.2.3 manufacturing lubricatingoils and greases.

6.D.3 Limitations on Coverage

The following storm water dischargesassociated with industrial activity arenot authorized by this permit:

6.D.3.1 discharges from petroleumrefining facilities, including those thatmanufacture asphalt or asphalt productsthat are classified as SIC code 2911;

6.D.3.2 discharges from oil recyclingfacilities;

6.D.3.3 discharges associated withfats and oils rendering.

6.D.4 Storm Water PollutionPrevention Plan (SWPPP) Requirements


6.D.4.1 Inspections. (See also Part4.2.7.2.1.5) Inspect at least once permonth, as part of the maintenance

program, the following areas: Materialstorage and handling areas, liquidstorage tanks, hoppers/silos, vehicle andequipment maintenance, cleaning andfueling areas, material handlingvehicles, equipment and processingareas. Ensure appropriate action is takenin response to the inspection byimplementing tracking or follow upprocedures.

6.D.5 Monitoring and ReportingRequirements. (See also part 5)

TABLE D–1.—SECTOR-SPECIFIC NUMERIC LIMITATIONS AND BENCHMARK MONITORING



off concentration 1 Numeric Limitation 2

Sector of Permit Affected/Supplemental Requirements

Asphalt Paving and Roofing Materials (SIC 2951, 2952) Total Suspended Solids(TSS).

100mg/L.

Discharges from areas where production of asphaltpaving and roofing emulsions occurs (SIC 2951,2952).

TSS .................................... ............................................ 23.0 mg/L, daily max15.0 mg/L 30-day avg.

Oil and Grease .................. ............................................ 15.0 mg/L daily max.10mg/L, 30-day avg.

pH ...................................... ............................................ 6.0–9.0


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

6.E.1 Covered Storm Water DischargesThe requirements in Part 6.E apply to

storm water discharges associated withindustrial activity from Glass, Clay,Cement, Concrete, and GypsumProducts facilities as identified by theSIC Codes specified under Sector E inTable 1–1 of part 1.2.1.

6.E.2 Industrial Activities Covered bySector E

The requirements listed under thispermit apply to storm water dischargesassociated with industrial activity froma facility engaged in eithermanufacturing the following products orperforming the following activities:

6.E.2.1 flat, pressed, or blown glassor glass containers;

6.E.2.2 hydraulic cement;6.E.2.3 clay products including tile

and brick;6.E.2.4 pottery and porcelain

electrical supplies;6.E.2.5 concrete products;6.E.2.6 gypsum products;6.E.2.7 minerals and earths, ground

or otherwise treated;6.E.2.8 non-clay refractories:6.E.2.9. lime manufacturing6.E.2.10 cut stone and stone

products

6.E.2.11 asbestos products6.E.2.12 mineral wool and mineral

wool insulation products.

6.E.3 Storm Water PollutionPrevention Plan (SWPPP) Requirements


6.E.3.1 Drainage Area Site Map. (Seealso Part 4.2.2.3) Identify the locationsof the following, as applicable: baghouse or other dust control device;recycle/sedimentation pond, clarifier orother device used for the treatment ofprocess wastewater, and the areas thatdrain to the treatment device.

6.E.3.2 Good HousekeepingMeasures. (See also Part 4.2.2.3) Withgood housekeeping prevent or minimizethe discharge of: spilled cement;aggregate (including sand or gravel);kiln dust; fly ash; settled dust; or othersignificant material in storm water frompaved portions of the site that areexposed to storm water. Consider usingregular sweeping or other equivalentmeasures to minimize the presence ofthese materials. Indicate in your SWPPPthe frequency of sweeping or equivalentmeasures. Determine the frequency fromthe amount of industrial activityoccurring in the area and the frequencyof precipitation, but it must be

performed at least once a week ifcement, aggregate, kiln dust, fly ash orsettled dust are being handled/processed. You must also prevent theexposure of fine granular solids(cement, fly ash, kiln dust, etc.) to stormwater where practicable, by storingthese materials in enclosed silos/hoppers, buildings or under othercovering.

6.E.3.3 Inspections. (See also Part4.2.7.2.1.5) Perform inspections whilethe facility is in operation and includeall of the following areas exposed tostorm water: material handling areas,above ground storage tanks, hoppers orsilos, dust collection/containmentsystems, truck wash down/equipmentcleaning areas.

6.E.3.4 Certification. (See also Part4.4.1) For facilities producing ready-mixconcrete, concrete block, brick orsimilar products, include in the non-storm water discharge certification adescription of measures that insure thatprocess waste water resulting from truckwashing, mixers, transport buckets,forms or other equipment are dischargedin accordance with NPDESrequirements or are recycled.

6.E.4 Monitoring and ReportingRequirements. (See also Part 5)



TABLE E–1.—SECTOR-SPECIFIC NUMERIC LIMITATIONS AND BENCHMARK MONITORING



off concentration 1 Numeric limitaiton 2


Clay Product Manufacturers ............................................(SIC 3245–3259,3261–3269) ..........................................

Total Recoverable Alu-minum.

0.75 mg/L

Concrete and Gypsum Product Manufacturers (SIC3271–3275).

TSS ....................................Total Recoverable Iron ......

100 mg/L1.0 mg/L

Cement Manufacturing Facility, Material Storage Runoff:Any discharge composed of runoff that derives fromthe storage of materials including raw materials, inter-mediate products, finished products, and waste mate-rials that are used in or derived from the manufactureof cement.

Total Suspended Solids(TTS≤.

50 mg/L daily max..

pH ...................................... ............................................ 6.0–9.0 S.U.


6.F Sector F—Primary Metals

6.F.1 Covered Storm Water Discharges

The requirements in Part 6.F apply tostorm water discharges associated withindustrial activity from Primary Metalsfacilities as identified by the SIC Codesspecified under Sector F in Table 1–1 ofPart 1.2.1.

6.F.2 Industrial Activities Covered bySector F

The types of activities under this Partare facilities primarily engaged in are:

6.F.2.1 Steel works, blast furnaces,and rolling and finishing millsincluding: steel wire drawing and steelnails and spikes; cold-rolled steel sheet,strip, and bars; and steel pipes andtubes;

6.F.2.2 Iron and steel foundries,including: gray and ductile iron,malleable iron, steel investment, andsteel foundries not elsewhere classified;

6.F.2.3 Primary smelting andrefining of nonferrous metals, including:primary smelting and refining of copper,and primary production of aluminum;

6.F.2.4 Secondary smelting andrefining of nonferrous metals;

6.F.2.5 Rolling, drawing, andextruding of nonferrous metals,including: rolling, drawing, andextruding of copper; rolling, drawingand extruding of nonferrous metalsexcept copper and aluminum; anddrawing and insulating of nonferrouswire;

6.F.2.6 Nonferrous foundries(castings), including: aluminum die-casting, nonferrous die-casting, exceptaluminum, aluminum foundries, copperfoundries, and nonferrous foundries,except copper and aluminum;

6.F.2.7 Miscellaneous primary metalproducts, not elsewhere classified,including: metal heat treating, and

primary metal products not elsewhereclassified;

Activities covered include but are notlimited to storm water dischargesassociated with cooking operations,sintering plants, blast furnaces, smeltingoperations, rolling mills, castingoperations, heat treating, extruding,drawing, or forging all types of ferrousand nonferrous metals, scrap and ore.

6.F.3 Storm Water PollutionPrevention Plan (SWPPP) Requirements


6.F.3.1 Drainage Area Site Map. (Seealso Part 4.2.2.3) Also identify whereany of the following activities may beexposed to precipitation/surface runoff:storage or disposal of wastes such asspent solvents/baths, sand, slag/dross;liquid storage tanks/drums; processingareas including pollution controlequipment (e.g., baghouses); and storageareas of raw material such as coal, coke,scrap, sand, fluxes, refractories or metalin any form. In addition, indicate wherean accumulation of significant amountsof particulate matter could occur fromsuch sources as furnace or ovenemissions, losses from coal/cokehandling operations, etc., and whichcould result in a discharge of pollutantsto waters of the United States.

6.F.3.2 Inventory of ExposedMaterial. (See also Part 4.2.4) Include inthe inventory of materials handled atthe site that potentially may be exposedto precipitation/runoff, areas wheredeposition of particulate matter fromprocess air emissions or losses duringmaterial handling activities are possible.

6.F.3.3 Good HousekeepingMeasures. (See also Part 4.2.7.2.1.1) Aspart of your good housekeepingprogram, include: a cleaning/

maintenance program for all imperviousareas of the facility where particulatematter, dust or debris may accumulate,especially areas where material loading/unloading, storage, handling andprocessing occur; the paving of areaswhere vehicle traffic or material storageoccur but where vegetative or otherstabilization methods are not practicable(institute a sweeping program in theseareas too). For unstabilized areas wheresweeping is not practicable, considerusing storm water management devicessuch as sediment traps, vegetative bufferstrips, filter fabric fence, sedimentfiltering boom, gravel outlet protectionor other equivalent measures thateffectively trap or remove sediment.

6.F.3.4 Inspections. (See also Part4.2.7.2.1.5) Conduct inspectionsroutinely, or at least on a quarterlybasis, and address all potential sourcesof pollutants, including (if applicable):air pollution control equipment (e.g.,baghouses, electrostatic precipitators,scrubbers and cyclones) for any signs ofdegradation (e.g., leaks, corrosion orimproper operation) that could limittheir efficiency and lead to excessiveemissions. Consider monitoring air flowat inlets/outlets (or use equivalentmeasures) to check for leaks (e.g.,particulate deposition) or blockage inducts. Also inspect all process andmaterial handling equipment (e.g.,conveyors, cranes and vehicles) forleaks, drips or the potential loss ofmaterial; and material storage areas (e.g.,piles, bins or hoppers for storing coke,coal, scrap or slag, as well as chemicalsstored in tanks/drums) for signs ofmaterial losses due to wind or stormwater runoff.

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



TABLE F–1.—SECTOR-SPECIFIC NUMERIC EFFLUENT LIMITATIONS AND BENCHMARK MONITORING

Sector of permit affected/supplemental requirements—

Subsector (Discharges may be subject to requirementsfor more than one sector/subsector) Parameter Benchmark monitoring cutoff

concentration 1Numeric limi-

tation

Steel Works, Blast Furnaces, and Rolling and Fin-ishing Mills (SIC 3312–3317).

Total Recoverable Aluminum ..................Total Recoverable Zinc ...........................

0.75 mg/L0.117 mg/L.

Iron and Steel Foundries (SIC 3321–3325) .................. Total Recoverable Aluminum ..................Total Suspended Solids ..........................Total Recoverable Copper ......................Total Recoverable Iron ............................Total Recoverable Zinc ...........................

0.75 mg/L.100 mg/L0.0636 mg/L1.0 mg/L0.117 mg/L.

Rolling, Drawing, and Extruding of Non-Ferrous Metals(SIC 3351–3357).

Total Recoverable Copper ......................Total Recoverable Zinc ...........................

0.0636 mg/L0.117 mg/L.

Non-Ferrous Foundries (SIC 3363–3369) ..................... Total Recoverable Copper ......................Total Recoverable Zinc ...........................

0.636 mg/L.0.117 mg/L.

1 Monitor once/quarter for the year 2 and year 4 Monitoring Years.

6.G Sector G—Metal Mining (OreMining and Dressing)

6.G.1 Covered Storm WaterDischarges

The requirements in Part 6.G apply tostorm water discharges associated withindustrial activity from active,temporarily inactive and inactive metalmining and ore dressing facilities,including mines abandoned on FederalLands, as identified by the SIC Codesspecified under Sector G in Table 1–1 ofPart 1.2.1. Coverage is required forfacilities that discharge storm watercontaminated by contact with or thathas come into contact with, anyoverburden, raw material, intermediateproduct, finished product, byproduct, orwaste product located on the site of theoperation.

6.G.1.1 Covered Discharges fromInactive Facilities: All storm waterdischarges.

6.G.1.2 Covered Discharges fromActive and Temporarily InactiveFacilities: Only the storm waterdischarges from the following areas arecovered: waste rock/overburden piles ifcomposed entirely of storm water andnot combining with mine drainage;topsoil piles; offsite haul/access roads;onsite haul/access roads constructed ofwaste rock/overburden/spent ore ifcomposed entirely of storm water andnot combining with mine drainage;onsite haul/access roads not constructedof waste rock/overburden/spent oreexcept if mine drainage is used for dustcontrol; runoff from tailings dams/dikeswhen not constructed of waste rock/tailings and no process fluids arepresent; runoff from tailings dams/dikeswhen constructed of waste rock/tailingsif and no process fluids are present ifcomposed entirely of storm water andnot combining with mine drainage;concentration building if no contactwith material piles; mill site if no

contact with material piles; office/administrative building and housing ifmixed with storm water from industrialarea; chemical storage area; dockingfacility if no excessive contact withwaste product that would otherwiseconstitute mine drainage; explosivestorage; fuel storage; vehicle/equipmentmaintenance area/building; parkingareas (if necessary); power plant; truckwash areas if no excessive contact withwaste product that would otherwiseconstitute mine drainage; unreclaimed,disturbed areas outside of active miningarea; reclaimed areas released fromreclamation bonds prior to December17, 1990; and partially/inadequatelyreclaimed areas or areas not releasedfrom reclamation bonds.

6.G.2 Industrial Activities Covered bySector G

Note: ‘‘metal mining’’ will connote any ofthe separate activities listed in Part 6.G.2.The types of activities that permittees underSector G are primarily engaged in are:

6.G.2.1 exploring for metallicminerals (ores), developing mines andthe mining of ores;

6.G.2.2 ore dressing andbeneficiating, whether performed at co-located, dedicated mills or separate (i.e.,custom) mills.

6.G.3 Limitations on Coverage6.G.3.1 Prohibition of Storm Water

Discharges.Storm water discharges not

authorized by this permit: dischargesfrom active metal mining facilitieswhich are subject to effluent limitationguidelines for the Ore Mining andDressing Point Source Category (40 CFRPart 440).

Note: discharges that come in contact withoverburden/waste rock are subject to 40 CFRPart 440, providing: the discharges drain toa point source (either naturally or as a resultof intentional diversion) and they combinewith ‘‘mine drainage’’ that is otherwise

regulated under the Part 440 regulations.Discharges from overburden/waste rock canbe covered under this permit if they arecomposed entirely of storm water, do notcombine with sources of mine drainage thatare subject to 40 CFR Part 440, and meetother eligibility criteria contained in Part1.2.2.1.

6.G.3.2 Prohibition of Non-StormWater Discharges.

Not authorized by this permit: aditdrainage and contaminated springs orseeps (see also the standard Limitationson Coverage in Part 1.2.3).

6.G.4 Definitions

6.G.4.1 Mining Operation—typicallyconsists of three phases, any one ofwhich individually qualifies as a‘‘mining activity.’’ The phases are theexploration and construction phase, theactive phase, and the reclamation phase.

6.G.4.2 Exploration andConstruction Phase—entails explorationand land disturbance activities todetermine the financial viability of asite. Construction includes the buildingof site access roads and removal ofoverburden and waste rock to exposemineable minerals.

6.G.4.3 Active Phase—activitiesincluding each step from extractionthrough production of a salable product.

6.G.4.4 Reclamation Phase—activities intended to return the land toits pre-mining use

The following definitions are notintended to supercede the definitions ofactive and inactive mining facilitiesestablished by 40 CFR 122.26(b)(14)(iii).

6.G.4.5 Active Metal MiningFacility—a place where work or otheractivity related to the extraction,removal or recovery of metal ore isbeing conducted. For surface mines, thisdefinition does not include any landwhere grading has returned the earth toa desired contour and reclamation hasbegun.



6.G.4.6 Inactive Metal MiningFacility—a site or portion of a sitewhere metal mining and/or millingoccurred in the past but is not an activefacility as defined above, and where theinactive portion is not covered by anactive mining permit issued by theapplicable State or Federal governmentagency.

6.G.4.7 Temporarily Inactive MetalMining Facility—a site or portion of asite where metal mining and/or millingoccurred in the past but currently arenot being actively undertaken, and thefacility is covered by an active miningpermit issued by the applicable State orFederal government agency.

6.G.5 Clearing, Grading andExcavation Activities

Clearing, grading and excavationactivities being conducted as part of theexploration and construction phase of amining operation cannot be coveredunder this permit if these activities willdisturb one or more acre of land.Instead, coverage for these activitiesmust be under the latest version ofEPA’s General Permit for Storm WaterDischarges from Construction Activities(the ‘‘Construction General Permit;’’Federal Register, Vol. 63, p. 7858 andfor Region 6, Federal Register, Vol. 63,p. 36490), or an individual constructionpermit. If the area of disturbance duringthe initial phase is less than one acre,you must continue to comply with therequirements of the MSGP–2000.

6.G.5.1 Requirements for ActivitiesDisturbing 5 or More Acres of Earth. Ifthe one-acre limit as defined in Part6.G.5 is attained, coverage for theseactivities must be under the latestversion of EPA’s Construction GeneralPermit (or individual permit). You mustfirst obtain and comply with theConstruction General Permit’srequirements before submitting theseparate Construction General PermitNotice of Intent (NOI) form (EPA Form3510–9). The February 17, 1998 versionof the permit can be downloaded fromthe EPA’s Web Site at www.epa.gov/owm/sw/construction/cgp/cgp-nat.pdfand Region 6’s July 6, 1998 version ofthe permit at www.epa.gov/owm/sw/construction/cgp/cgp-reg6.pdf orobtained from the Office of WaterResource Center at (202) 260–7786. TheNOI form is also available from the WebSite at www.epa.gov/owm/sw/construction/connoi.pdf or from yourEPA Regional office at the address listedunder Part 8.3. Discharges incompliance with the provisions of theConstruction General Permit are alsoauthorized under the MSGP.

6.G.5.2 Cessation of Earth DisturbingActivities. If exploration phase clearing,

grading and excavation activities arecompleted and no further miningactivities will occur at the site, you mustcomply with the requirements forterminating the Construction GeneralPermit, i.e., stabilize and revegetate thedisturbed land, submit a Notice ofTermination, etc. If active miningactivities will ensue, you must apply forcoverage under the MSGP–2000 for yourstorm water discharges and be preparedto implement any new requirementsprior to beginning the active phase. It isrecommended you terminate yourcoverage under the ConstructionGeneral Permit, but it is not mandatorythat you do so. If you choose not toterminate your construction GeneralPermit, you will be responsible forcomplying with all permit conditions ofthe construction permit in addition tothose of the MSGP–2000. The Notice ofTermination form is Addendum E tothis permit and is available at http://www.epa.gov/owm/sw/industry/msgp/notform.pdf.

6.G.6 Storm Water PollutionPrevention Plan (SWPPP) Requirements


6.G.6.1 SWPPP Requirements forActive and Temporarily Inactive MetalMining Facilities.

6.G.6.1.1 Nature of IndustrialActivities. (See also Part 4.2.2.1 ) Brieflydescribe the mining and associatedactivities that can potentially affect thestorm water discharges covered by thispermit, including: the total acreagewithin the mine site; the estimatedacreage of disturbed land; the estimatedacreage of land proposed to be disturbedthroughout the life of the mine; and ageneral description of the location of thesite relative to major transportationroutes and communities.

6.G.6.1.2 Site Map. (See also Part4.2.2.3) Also identify the locations ofthe following (as appropriate): mining/milling site boundaries; access and haulroads; outline of the drainage areas ofeach storm water outfall within thefacility and indicate the types ofdischarges from the drainage areas;equipment storage, fueling andmaintenance areas; materials handlingareas; outdoor manufacturing, storage ormaterial disposal areas; chemicals andexplosives storage areas; overburden,materials, soils or waste storage areas;location of mine drainage (where waterleaves mine) or other process water;tailings piles/ponds (includingproposed ones); heap leach pads; off-sitepoints of discharge for mine drainage/process water; surface waters; andboundary of tributary areas that are

subject to effluent limitationsguidelines.

6.G.6.1.3 Potential PollutantSources. (See also Part 4.2.4) For eacharea of the mine/mill site where stormwater discharges associated withindustrial activities occur, identify thetypes of pollutants (e.g., heavy metals,sediment) likely to be present insignificant amounts. Consider thesefactors: the mineralogy of the ore andwaste rock (e.g., acid forming); toxicityand quantity of chemicals used,produced or discharged; the likelihoodof contact with storm water; vegetationof site (if any); history of significantleaks/spills of toxic or hazardouspollutants. Also include a summary ofany existing ore or waste rock/overburden characterization data andtest results for potential generation ofacid rock. If any new data is acquireddue to changes in ore type being mined,update your SWPPP with thisinformation.

6.G.6.1.4 Site Inspections. (See alsoPart 4.2.7.2.1.5) Inspect active miningsites at least monthly. Inspecttemporarily inactive sites at leastquarterly unless adverse weatherconditions make the site inaccessible.

6.G.6.1.5 Employee Training. (Seealso Part 4.2.7.2.1.6) Conduct employeetraining at least annually at activemining and temporarily inactive sites.

6.G.6.1.6 Controls. (See also Part4.2.7) Consider each of the followingBMPs. The potential pollutantsidentified in Part 6.G.6.1.3 shalldetermine the priority andappropriateness of the BMPs selected. Ifyou determine that one or more of theseBMPs are not appropriate for yourfacility, explain why it is notappropriate. If BMPs are implementedor planned but are not listed here (e.g.,substituting a less toxic chemical for amore toxic one), include descriptions ofthem in your SWPPP.

6.G.6.1.6.1 Storm Water Diversions.Consider diverting storm water awayfrom potential pollutant sources. BMPoptions: interceptor/diversion controls(e.g., dikes, swales, curbs or berms);pipe slope drains; subsurface drains;conveyance systems (e.g., channels orgutters, open top box culverts andwaterbars; rolling dips and road sloping;roadway surface water deflector, andculverts); or their equivalents.

6.G.6.1.6.2 Sediment and ErosionControl. (See also Part 4.2.7.2.2.1) Atactive and temporarily inactive sitesconsider a range of erosion controlswithin the broad categories of: flowdiversion (e.g., swales); stabilization(e.g., temporary or permanent seeding);and structural controls (e.g., sedimenttraps, dikes, silt fences).



6.G.6.1.6.3 Management of Runoff.(See also Part 4.2.7.2.2.2) Consider thepotential pollutant sources given in Part6.G.6.1.3 when determining reasonableand appropriate measures for managingrunoff.

6.G.6.1.6.4 Capping. When cappingis necessary to minimize pollutantdischarges in storm water, identify thesource being capped and the materialused to construct the cap.

6.G.6.1.6.5 Treatment. If treatmentof storm water (e.g., chemical orphysical systems, oil/water separators,artificial wetlands, etc.) from active andtemporarily inactive sites is necessary toprotect water quality, describe the typeand location of treatment used.

6.G.6.1.6.6 Certification of DischargeTesting. (See also Part 4.4.1) Test orevaluate for the presence of specificmining-related non-storm waterdischarges such as seeps or aditdischarges or discharges subject toeffluent limitations guidelines (e.g., 40CFR Part 440), such as mine drainage orprocess water. Alternatively (ifapplicable), you may certify in yourSWPPP that a particular dischargecomprised of commingled storm waterand non-storm water is covered under aseparate NPDES permit; and that permitsubjects the non-storm water portion toeffluent limitations prior to anycommingling. This certification shallidentify the non-storm water discharges,the applicable NPDES permit(s), theeffluent limitations placed on the non-storm water discharge by the permit(s),and the points at which the limitationsare applied.

6.G.6.2 SWPPP Requirements forInactive Metal Mining Facilities.

6.G.6.2.1 Nature of IndustrialActivities. (See also Part 4.2.2.1) Brieflydescribe the mining and associatedactivities that took place at the site thatcan potentially affect the storm waterdischarges covered by this permit.Include: approximate dates of operation;total acreage within the mine and/orprocessing site; estimate of acres ofdisturbed earth; activities currentlyoccurring onsite (e.g., reclamation); ageneral description of site location withrespect to transportation routes andcommunities.

6.G.6.2.2 Site Map. (See also Part4.2.2.3) See Part 6.G.6.1.2 forrequirements.

6.G.6.2.3 Potential PollutantSources. (See also Part 4.2.4) See Part6.G.6.1.3 for requirements.

6.G.6.2.4 Controls. (See also Part4.2.7) Consider each of the followingBMPs. The potential pollutantsidentified in Part 6.G.6.2.3 shalldetermine the priority andappropriateness of the BMPs selected. Ifyou determine that one or more of theseBMPs are not appropriate for yourfacility, explain why it is notappropriate. If BMPs are implementedor planned but are not listed here (e.g.,substituting a less toxic chemical for amore toxic one), include descriptions ofthem in your SWPPP. The non-structural controls in the generalrequirements at Part 4.2.7.2.1 are notrequired for inactive facilities.

6.G.6.2.4.1 Storm Water Diversions.See Part 6.G.6.1.6.2 for requirements.

6.G.6.2.4.2 Sediment and ErosionControl. (See also Part 4.2.7.2.2.1) SeePart 6.G.6.1.6 for requirements.

6.G.6.2.4.3 Management of Runoff.(See also Part 4.2.7.2.2.2)

Also consider the potential pollutantsources as described in Part 6.G.6.2.3(Summary of Potential PollutantSources) when determining reasonableand appropriate measures for managingrunoff.

6.G.6.2.4.4 Capping. See Part6.G.6.1.7 for requirements.

6.G.6.2.4.5 Treatment. See Part6.G.6.1.8 for requirements.

6.G.6.2.5 Comprehensive SiteCompliance Evaluation. (See also Part4.9)

Annual site compliance evaluationsmay be impractical for inactive miningsites due to remote location/inaccessibility of the site; in which caseconduct the evaluation at least onceevery 3 years. Document in the SWPPPwhy annual compliance evaluations arenot possible. If the evaluations will beconducted more often than every 3years, specify the frequency ofevaluations.

6.G.7 Monitoring and ReportingRequirements. (See also Part 5)

6.G.7.1 Analytic Monitoring forCopper Ore Mining and DressingFacilities. Active copper ore mining anddressing facilities must sample andanalyze storm water discharges for thepollutants listed in Table G–1.

TABLE G–1.—SECTOR-SPECIFIC NUMERIC EFFLUENT LIMITATIONS AND BENCHMARK MONITORING FOR COPPER OREMINING AND DRESSING FACILITIES



off concentration 1 Numeric limitation


Copper Ore Mining and Dressing Facilities ....................(SIC 1021) .......................................................................


Nitrate plus Nitrite NitrogenChemical Oxygen Demand

(COD).

100 mg/L.0.68 mg/L.120 mg/L.


6.G.7.2 Analytic MonitoringRequirements for Discharges FromWaste Rock and Overburden Piles atActive Ore Mining and DressingFacilities.For discharges from wasterock and overburden piles, performanalytic monitoring at least once withinthe first year of permit coverage for theparameters listed in Table G–2, andtwice annually thereafter for any

parameters measured above thebenchmark value (based on the initialsampling event) listed in Table G–2.Permittees must also conduct analyticmonitoring twice annually for theparameters listed in Table G–3. Thetwice annual samples must be collectedonce between January 1 and June 30 andonce between July 1 and December 31,with at least 3 months separating the

storm events. The director may,however, notify you that you mustperform additional monitoring toaccurately characterize the quality andquantity of pollutants discharged fromyour waste rock/overburden piles.Monitoring requirements for dischargesfrom waste rock and overburden pilesare not eligible for the waivers in Part5.3.2.



TABLE G–2.—SECTOR-SPECIFIC NUMERIC EFFLUENT LIMITATIONS AND BENCHMARK MONITORING FOR DISCHARGES FROMWASTE ROCK AND OVERBURDEN PILES FROM ACTIVE ORE MINING OR DRESSING FACILITIES

Part of permit affected/supplemental requirements—

Subsector (Discharges may be subject to requirementsfor more than one sector/subsector) Parameter Benchmark monitoring cutoff

concentration 1Numericlimitation

Iron Ores; Copper Ores; Lead and Zinc Ores; Gold andSilver Ores; Ferroalloy Ores Except Vanadium; Mis-cellaneous Metal Ores (SIC Codes 1011, 1021, 1031,1041, 1044, 1061, 1081, 1094, 1099).

Total Suspended Solids (TSS) ...............Turbidity (NTUs) ......................................pH ............................................................Hardness (as CaCO3) .............................

100 mg/L.5 NTUs above background.6.0–9.0 standard units.no benchmark value.

See above, as applicable ................................................. Antimony, Total .......................................Arsenic, Total ..........................................Beryllium, Total .......................................Cadmium, Total (hardness dependent) ..Copper, Total (hardness dependent) ......Iron, Total ................................................Lead, Total (hardness dependent) ..........Manganese, Total ...................................Mercury, Total .........................................Nickel, Total (hardness dependent) ........Selenium, Total .......................................Silver, Total (hardness dependent) .........Zinc, Total (hardness dependent) ...........

0.636 mg/L.0.16854 mg/L.0.13 mg/L.0.0159 mg/L.0.0636 mg/L.1.0 mg/L.0.0816 mg/L.1.0 mg/L.0.0024 mg/L.1.417 mg/L.0.2385 mg/L.0.318 mg/L.0.117 mg/L.

1 Monitor at least once during the first year of permit coverage, and twice annually thereafter for any parameter that exceeds the benchmarkvalue. Facilities that monitored for the full list of Table G–2 parameters during the previous permit need not sample the entire list again, howeverthey must continue twice annual monitoring for parameters that exceeded the benchmark values in the initial sampling event.

6.G.7.2.1 Additional AnalyticMonitoring Requirements for DischargesFrom Waste Rock and Overburden Piles.

Table G–3 contains additionalmonitoring requirements for specific ore

mine categories. Perform the monitoringtwice annually using the scheduleestablished in Part 6.G.7.2. The initialsampling event for a pollutant

parameter required in Table G–2satisfies the requirement for the firstsample of any pollutant measurement inTable G–3.

TABLE G–3.—ADDITIONAL MONOTORING REQUIREMENTS FOR DISCHARGES FROM WASTE ROCK AND OVERBURDEN PILESFROM ACTIVE ORE MINING OR DRESSING FACILITIES

Supplemental requirements—

Type of Ore mined

Pollutants of concern

Total sus-pended solids

(TSS)pH Metals, total

Tungsten Ore ...................................................................... X X Arsenic, Cadmium (H), Copper (H), Lead (H), Zinc (H).Nickel Ore ........................................................................... X X Arsenic, Cadmium (H), Copper (H), Lead (H), Zinc (H).Aluminum Ore ..................................................................... X X Iron.Mercury Ore ........................................................................ X X Nickel (H).Iron Ore ............................................................................... X X Iron (Dissolved).Platinum Ore ....................................................................... ........................ ............ Cadmium (H), Copper (H), Mercury, Lead (H), Zinc (H).Titanium Ore ....................................................................... X X Iron, Nickel (H), Zinc (H).Vanadium Ore ..................................................................... X X Arsenic, Cadmium (H), Copper (H), Zinc (H).Copper, Lead, Zinc, Gold, Silver and Molybdenum ........... X X Arsenic, Cadmium (H), Copper (H), Lead, Mercury, Zinc

(H).Uranium, Radium and Vanadium ........................................ X X Chemical Oxygen Demand, Arsenic, Radium (Dissolved

and Total), Uranium, Zinc (H).

Note: (H) indicates that hardness must also be measured when this pollutant is measured.

6.G.7.2.2 Reporting RequirementsStorm Water Discharges From WasteRock And Overburden Piles From ActiveOre Mining or Dressing Facilities. Fromactive ore mining and dressing facilities,

submit monitoring results for eachoutfall discharging storm water fromwaste rock and overburden piles, orcertifications in accordance with Part 7.Submit monitoring reports on discharge

monitoring report (DMR) formspostmarked no later than January 28 ofthe next year after the samples werecollected.



TABLE G–4.—APPLICABILITY OF THE MULTI-SECTOR GENERAL PERMIT TO STORM WATER RUNOFF FROM ACTIVE ORE(METAL) MINING AND DRESSING SITES

Discharge/source of discharge Note/comment

Piles

Waste rock/overburden ................................................................................................................... If composed entirely of storm water and notcombining with mine drainage. See Notebelow.

Topsoil

Roads constructed of waste rock or spent ore

Onsite haul roads ............................................................................................................................ If composed entirely of storm water and notcombining with mine drainage. See Notebelow.

Offsite haul/access roads

Roads not constructed of waste rock or spent ore

Onsite haul roads ............................................................................................................................ Except if ‘‘mine drainage’’ is used for dust con-trol.

Offsite haul/access roads

Milling/concentrating

Runoff from tailings dams/dikes when constructed of waste rock/tailings ..................................... Except if process fluids are present and only ifcomposed entirely of storm water and notcombining with mine drainage. See Notebelow.

Runoff from tailings dams/dikes when not constructed of waste rock/tailings ............................... Except if process fluids are present.Concentration building ..................................................................................................................... If storm water only and no contact with piles.Mill site ............................................................................................................................................. If storm water only and no contact with piles.

Ancillary areas

Office/administrative building and housing ...................................................................................... If mixed with storm water from the industrialarea.

Chemical storage areaDocking facility ................................................................................................................................. Except if excessive contact with waste product

that would otherwise constitute ‘‘mine drain-age’’.

Explosive storageFuel storage (oil tanks/coal piles)Vehicle/equipment maintenance area/buildingParking areas .................................................................................................................................. But coverage unnecessary if only employee

and visitor-type parking.Power plantTruck wash area .............................................................................................................................. Except when excessive contact with waste

product that would otherwise constitute‘‘mine drainage’’.

Reclamation-related areas

Any disturbed area (unreclaimed) ................................................................................................... Only if not in active mining area.Reclaimed areas released from reclamation bonds prior to Dec. 17 1990.Partially/inadequately reclaimed areas or areas not released from reclamation bond.

Note: Storm water runoff from these sources are subject to the NPDES program for storm water unless mixed with discharges subject to the40 CFR Part 440 that are not regulated by another permit prior to mixing. Non-storm water discharges from these sources are subject to NPDESpermitting 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 nat-urally (or is intentionally diverted) to a point source; and (2) combines with ‘‘mine drainage’’ that is otherwise regulated under the Part 440 regu-lations. For such sources, coverage under this permit would be available if the discharge composed entirely of storm water does not combinewith other sources of mine drainage that are not subject to 40 CFR Part 440, as well as meeting other eligibility criteria contained in Part I.B. ofthe permit. Permit applicants bear the initial responsibility for determining the applicable technology-based standard for such discharges. EPArecommends that permit applicants contact the relevant NPDES permit issuance authority for assistance to determine the nature and scope ofthe ‘‘active mining area’’ on a mine-by-mine basis, as well as to determine the appropriate permitting mechanism for authorizing such discharges.



6.H Sector H—Coal Mines and CoalMining Related Facilities

6.H.1 Covered Storm WaterDischarges

The requirements in Part 6.H apply tostorm water discharges associated withindustrial activity from Coal Mines andCoal Mining Related facilities asidentified by the SIC Codes specifiedunder Sector H in Table 1–1 of Part1.2.1.

6.H.2 Industrial Activities Covered bySector H

Storm water discharges from thefollowing portions of coal mines may beeligible for this permit:

6.H.2.1 Haul roads (nonpublic roadson which coal or coal refuse isconveyed);

6.H.2.2 Access roads (nonpublicroads providing light vehicular trafficwithin the facility property and topublic roadways);

6.H.2.3 Railroad spurs, siding andinternal haulage lines (rail lines used forhauling coal within the facility propertyand to offsite commercial railroad linesor loading areas);

6.H.2.4 Conveyor belts, chutes andaerial tramway haulage areas (areasunder and around coal or refuseconveyer areas, including transferstations); and

6.H.2.5 Equipment storage andmaintenance yards, coal handlingbuildings and structures, and inactivecoal mines and related areas (abandonedand other inactive mines, refusedisposal sites and other mining-relatedareas).

6.H.3 Limitation on Coverage6.H.3.1 Prohibition of Non-Storm

Water Discharges. (See also Part 1.2.2.2)Not covered by this permit: dischargesfrom pollutant seeps or undergrounddrainage from inactive coal mines andrefuse disposal areas that do not resultfrom precipitation events; anddischarges from floor drains inmaintenance buildings and other similar

drains in mining and preparation plantareas.

6.H.3.2 Discharges Subject to StormWater Effluent Guidelines. (See also Part1.2.3.4) Not authorized by this permit:storm water discharges subject to anexisting effluent limitation guideline at40 CFR Part 434.

6.H.4 Storm Water PollutionPrevention Plan (SWPPP) Requirements

In addition to the followingrequirements, you must also complywith the requirements listed in Part 4 ofthe MSGP.

6.H.4.1 Other ApplicableRegulations. Most active coal mining-related areas (SIC Codes 1221–1241) aresubject to sediment and erosion controlregulations of the U.S. Office of SurfaceMining (OSM) that enforces the SurfaceMining Control and Reclamation Act(SMCRA). OSM has granted authority tomost coal producing states to implementSMCRA through State SMCRAregulations. All SMCRA requirementsregarding control of storm water-relatedpollutant discharges must be addressedin the SWPPP (directly or by reference).

6.H.4.2 Drainage Area Site Map.(See also Part 4.2.2.3) Also identifywhere any of the following may beexposed to precipitation/surface runoff:all applicable mining related areasdescribed in Part 6.H.2; acidic spoil,refuse or unreclaimed disturbed areas,and liquid storage tanks containingpollutants such as caustics, hydraulicfluids and lubricants.

6.H.4.3 Potential Pollutant Sources.(See also Part 4.2.4) Describe thefollowing sources and activities thathave potential pollutants associatedwith them: truck traffic on haul roadsand resulting generation of sedimentsubject to runoff and dust generation;fuel or other liquid storage; pressurelines containing slurry, hydraulic fluidor other potential harmful liquids; andloading or temporary storage of acidicrefuse/spoil.

6.H.4.4 Good HousekeepingMeasures. (See also Part 4.2.7.2.1.1) Aspart of your good housekeepingprogram, consider: using sweepers;covered storage; watering haul roads tominimize dust generation; andconserving vegetation (where possible)to minimize erosion.

6.H.4.5 Preventive Maintenance.(See also Part 4.2.7.2.1.3) Also performinspections of storage tanks andpressure lines of fuels, lubricants,hydraulic fluid or slurry to preventleaks due to deterioration or faultyconnections; or other equivalentmeasures.

6.H.4.6 Inspections of ActiveMining-Related Areas and InactiveAreas Under SMCRA Bond Authority.(See also Part 4.2.7.2.1.5) Performquarterly inspections of areas coveredby this permit, corresponding with theinspections, as performed by SMCRAinspectors, of all mining-related areasrequired by SMCRA. Also maintain therecords of the SMCRA authorityrepresentative.

6.H.4.7 Sediment and ErosionControl. (See also Part 4.2.7.2.2.1) Asindicated in Part 6.H.4.1 above, SMCRArequirements regarding sediment anderosion control measures are primaryrequirements of the SWPPP for mining-related areas subject to SMCRAauthority.

6.H.4.8 Comprehensive SiteCompliance Evaluation. (See also Part4.9.2) Include in your evaluationprogram, inspections for pollutantsentering the drainage system fromactivities located on or near coalmining-related areas. Among the areasto be inspected: haul and access roads;railroad spurs, sliding and internalhauling lines; conveyor belts, chutesand aerial tramways; equipment storageand maintenance yards; coal handlingbuildings/structures; and inactive minesand related areas.

6.H.6 Monitoring and ReportingRequirements. (See also Part 5)

TABLE H–1.—SECTOR-SPECIFIC NUMERIC EFFLUENT LIMITATIONS AND BENCHMARK MONITORING

Subsector(Discharges may be subject to requirements

for more than one sector/subsector)Parameter Benchmark monitoring

cutoff concentration 1 Numeric limitation


Coal Mines and Related Areas ........................(SIC 1221–1241) ..............................................

Total Recoverable Aluminum ..........................Total Recoverable Iron ...................................Total Suspended Solids ..................................

0.75 mg/L.1.0 mg/L.100 mg/L..




6.I Sector I—Oil and Gas Extractionand Refining

6.I.1 Covered Storm Water Discharges

The requirements in Part 6.I apply tostorm water discharges associated withindustrial activity from Oil and GasExtraction and Refining facilities asidentified by the SIC Codes specifiedunder Sector I in Table 1–1 of Part 1.2.1.

6.I.2 Industrial Activities Covered BySector I

The types of activities that permitteesunder Sector I are primarily engaged inare:

6.I.2.1 Oil and gas exploration,production, processing or treatmentoperations, or transmission facilities;

6.I.2.2 Extraction and production ofcrude oil, natural gas, oil sands andshale; the production of hydrocarbonliquids and natural gas from coal; andassociated oil field service, supply andrepair industries.

6.I.3 Limitations On Coverage

6.I.3.1 Prohibition of Storm WaterDischarges. This permit does notauthorize contaminated storm waterdischarges from petroleum refining ordrilling operations that are subject tonationally established BAT or BPTguidelines found at 40 CFR Parts 419and 435, respectively. Note: mostcontaminated discharges at petroleumrefining and drilling facilities aresubject to these effluent guidelines andare not eligible for coverage by thispermit.

6.I.3.2 Prohibition of Non-StormWater Discharges. Not authorized bythis permit: discharges of vehicle andequipment washwater, including tankcleaning operations.

Alternatively, washwater dischargesmust be authorized under a separateNPDES permit, or be discharged to asanitary sewer in accordance withapplicable industrial pretreatmentrequirements.

6.I.4 Storm Water PollutionPrevention Plan (SWPPP) Requirements


6.I.4.1 Drainage Area Site Map. (Seealso Part 4.2.2.3) Identify where any ofthe following may be exposed toprecipitation/surface runoff: ReportableQuantity (RQ) releases; locations usedfor the treatment, storage or disposal ofwastes; processing areas and storageareas; chemical mixing areas;construction and drilling areas; all areassubject to the effluent guidelinesrequirements for ‘‘No Discharge’’ inaccordance with 40 CFR 435.32; and the

structural controls to achievecompliance with the ‘‘No Discharge’’requirements.

6.I.4.2 Potential Pollutant Sources.(See also Part 4.2.4)

Also describe the following sourcesand activities that have potentialpollutants associated with them:chemical, cement, mud or gel mixingactivities; drilling or mining activities;and equipment cleaning andrehabilitation activities. In addition,include information about the RQrelease that triggered the permitapplication requirements; the nature ofrelease (e.g., spill of oil from a drumstorage area); the amount of oil orhazardous substance released; amountof substance recovered; date of therelease; cause of the release (e.g., poorhandling techniques and lack ofcontainment in the area); areas affectedby the release (i.e., land and water);procedure to clean up release; actions orprocedures implemented to prevent orimprove response to a release; andremaining potential contamination ofstorm water from release (taking intoaccount human health risks, the controlof drinking water intakes and thedesignated uses of the receiving water).

6.I.4.3 Inspections. (See also Part4.2.7.2.1.5)

6.I.4.3.1 Inspection Frequency.Inspect all equipment and areasaddressed in the SWPPP at a minimumof 6-month intervals. Routinely (but notless than quarterly) inspect equipmentand vehicles which store, mix(including all on and offsite mixingtanks) or transport chemicals/hazardousmaterials (including those transportingsupplies to oil field activities).

6.I.4.3.2 Temporarily orPermanently Inactive Oil and GasExtraction Facilities. For these facilitiesthat are remotely located and unstaffed,perform the inspections at leastannually.

6.I.4.4 Sediment and ErosionControl. (See also Part 4.2.7.2.2.1)Unless covered by the General Permitfor Construction Activity, the additionalsediment and erosion controlrequirements for well drillings, andsand/shale mining areas include thefollowing:

6.I.4.4.1 Site Description: Alsoinclude: a description of the nature ofthe exploration activity; estimates of thetotal area of site and area disturbed dueto exploration activity; an estimate ofrunoff coefficient of the site; sitedrainage map, including approximateslopes; and the name of all receivingwaters. All sediment and erosioncontrol measures must be inspectedonce every seven days.

6.I.4.4.2 Vegetative Controls:Describe and implement vegetativepractices designed to preserve existingvegetation where attainable and re-vegetate open areas as soon aspracticable after grade drilling. Considerthe following (or equivalent measures):temporary or permanent seeding,mulching, sod stabilization, vegetativebuffer strips, tree protection practices.Begin implementing appropriatevegetative practices on all disturbedareas within 14 days following the lastactivity in that area.

6.I.4.5 Good HousekeepingMeasures. (See also Part 4.2.7.2.1.1)

6.I.4.5.1 Vehicle and EquipmentStorage Areas. Confine vehicles/equipment awaiting or havingundergone maintenance to designatedareas (as marked on site map). Describeand implement measures to minimizecontaminants from these areas (e.g., drippans under equipment, indoor storage,use of berms or dikes, or otherequivalent measures).

6.I.4.5.2 Material and ChemicalStorage Areas. Maintain these areas ingood conditions to preventcontamination of storm water. Plainlylabel all hazardous materials.

6.I.4.5.3 Chemical Mixing Areas.(See also Part 4.4)

Describe and implement measuresthat prevent or minimize contaminationof storm water runoff from chemicalmixing areas.

6.J Sector J—Mineral Mining andDressing

6.J.1 Covered Storm Water DischargesThe requirements in Part 6.J apply to

storm water discharges associated withindustrial activity from active andinactive mineral mining and dressingfacilities as identified by the SIC Codesspecified under Sector J in Table 1–1 ofPart 1.2.1.

6.J.2 Industrial Activities Covered bySector J

The types of activities that permitteesunder Sector J are primarily engaged inare:

6.J.2.1 exploring for minerals (e.g.,stone, sand, clay, chemical and fertilizerminerals, non-metallic minerals, etc.),developing mines and the mining ofminerals; and

6.J.2.2 mineral dressing, and non-metallic mineral services.

6.J.3 Limitations on CoverageNot authorized by this permit: most

storm water discharges subject to anexisting effluent limitation guideline at40 CFR part 436. The exceptions to thislimitation and which are thereforecovered by the MSGP–2000 are mine



dewatering discharges composedentirely of storm water or ground waterseepage from: construction sand andgravel, industrial sand, and crushedstone mining facilities in Regions 1, 2,3, 6, 8, 9, and 10.

6.J.4 Definitions6.J.4.1 Mining Operation—typically

consists of three-phases, any one ofwhich individually qualifies as a‘‘mining activity.’’ The phases are theexploration and construction phase, theactive phase and the reclamation phase.

6.J.4.2 Exploration and ConstructionPhase—entails exploration and landdisturbance activities to determine thefinancial viability of a site. Constructionincludes the building of site accessroads and removal of overburden andwaste rock to expose mineable minerals.

6.J.4.3 Active Phase—activitiesincluding each step from extractionthrough production of a salable product.

6.J.4.4 Reclamation phase—activities intended to return the land toits pre-mining state.

Note: The following definitions are notintended to supercede the definitions ofactive and inactive mining facilitiesestablished by 40 CFR 122.26(b)(14)(iii).

6.J.4.5 Active Mineral MiningFacility—a place where work or otheractivity related to the extraction,removal or recovery of minerals is beingconducted. This definition does notinclude any land where grading hasreturned the earth to a desired contourand reclamation has begun.

6.J.4.6 Inactive Mineral MiningFacility—a site or portion of a sitewhere mineral mining and/or dressingoccurred in the past but is not an activefacility as defined above, and where theinactive portion is not covered by anactive permit issued by the applicableState or Federal government agency.

6.J.4.7 Temporarily Inactive MineralMining Facility—a site or portion of asite where mineral mining and/ordressing occurred in the past butcurrently are not being activelyundertaken, and the facility is coveredby an active mining permit issued by

the applicable State or Federalgovernment agency.

6.J.5 Clearing, Grading andExcavation Activities

Clearing, grading and excavationactivities being conducted as part of theexploration and construction phase of amineral mining operation cannot becovered under this permit if theseactivities will disturb one or more acreof land. Instead, coverage for theseactivities must be under the latestversion of EPA’s General Permit forStorm Water Discharges fromConstruction Activities (the‘‘Construction General Permit;’’ FederalRegister, Vol. 63, p. 7858) and, forRegion 6, Federal Register, Vol. 63, p.36490), or an individual constructionpermit. If the area of disturbance duringthe initial phase is less than one acre,you must continue to comply with therequirements of the MSGP–2000.

6.J.5.1 Obtaining Coverage Underthe Construction General Permit. If theone-acre limit as described in Part 6.J.5is attained, coverage for these activitiesmust be under the latest version ofEPA’s Construction General Permit (orindividual permit). You must firstobtain and comply with theConstruction General Permit’srequirements before submitting theseparate Construction General PermitNotice of Intent (NOI) form (EPA Form3510–9). The February 17, 1998 versionof the permit can be downloaded fromthe EPA’s Web Site at http://www.epa.gov/owm/sw/construction/cgp/cgp-nat.pdf or obtained from theOffice of Water Resource Center at (202)260–7786. The NOI form is alsoavailable from the Web Site at http://www.epa.gov/owm/sw/construction/connoi.pdf or from your EPA Regionaloffice at the address listed under Part8.3. Discharges in compliance with theprovisions of the Construction GeneralPermit are also authorized under theMSGP.

6.J.5.2 Cessation of Exploration andConstruction Activities. If exploration

phase clearing, grading and excavationactivities are completed and no furthermining activities will occur at the site,you must comply with the requirementsfor terminating the Construction GeneralPermit, i.e., stabilize and revegetate thedisturbed land, submit a Notice ofTermination, etc. If active miningoperations will ensue, you must applyfor coverage under the MSGP–2000 foryour storm water discharges and beprepared to implement any newrequirements prior to beginning theactive phase. It is recommended youterminate your coverage under theconstruction general permit, but you arenot required to do so. If you choose tonot terminate, you will be responsiblefor complying with all permitconditions of the construction permit inaddition to those of the MSGP–2000.The Notice of Termination form isavailable in Addendum F to this permitand at http://www.epa.gov/owm/sw/industry/msgp/notform.pdf.

6.J.6 Storm Water PollutionPrevention Plan (SWPPP) Requirements


6.J.6.1 Inspections. (See also Part4.2.7.2.1.5) Conduct quarterly visualinspections of all BMPs at active miningfacilities. At temporarily or permanentlyinactive facilities, perform annualinspections. Include in your inspectionprogram: assessment of the integrity ofstorm water discharge diversions,conveyance systems, sediment controland collection systems and containmentstructures; inspections to determine ifsoil erosion has occurred at, or as aresult of vegetative BMPs, serratedslopes and benched slopes; inspectionsof material handling and storage areasand other potential sources of pollutionfor evidence of actual or potentialdischarges of contaminated storm water.

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

TABLE J–1.—SECTOR-SPECIFIC NUMERIC EFFLUENT LIMITATIONS AND BENCHMARK MONITORING





Mine Dewatering Activities at Construction Sand andGravel; Industrial Sand; and Crushed Stone MiningFacilities (SIC 1422–1429, 1442, 1446).

Total Suspended Solids ....pH ......................................

............................................ 25 mg/L, monthly avg. 45mg/L, daily max

6.0–9.0Sand and Gravel Mining (SIC 1442, 1446) ..................... Nitrate plus Nitrogen .........

Total Suspended Solids ....0.68 mg/L.100 mg/L.



TABLE J–1.—SECTOR-SPECIFIC NUMERIC EFFLUENT LIMITATIONS AND BENCHMARK MONITORING—Continued




Dimension and Crushed Stone and Nonmetallic Min-erals (except fuels) (SIC 1411, 1422–1429, 1481,1499).

Total Suspended Solids .... 100 mg/L.

1 Monitor once/quarter for the year 2 and year 4 Monitoring Years.2 Monitor once/year for Each Monitoring Year.

6.K Sector K—Hazardous WasteTreatment, Storage or DisposalFacilities

6.K.1 Covered Storm Water DischargesThe requirements in Part 6.K apply to

storm water discharges associated withindustrial activity from HazardousWaste Treatment, Storage or Disposalfacilities as identified by the ActivityCode specified under Sector K in Table1–1 of Part 1.2.1.

6.K.2 Industrial Activities Covered bySector K

This permit authorizes storm waterdischarges associated with industrialactivity from facilities that treat, store ordispose of hazardous wastes, includingthose that are operating under interimstatus or a permit under subtitle C ofRCRA.

6.K.3 Limitations on CoverageFor facilities located in Region 6,

coverage is limited to Hazardous WasteTreatment Storage or Disposal Facilities(TSDF’s) that are self-generating orhandle residential wastes only and tothose facilities that only store hazardouswastes and do not treat or dispose.Those permits are issued by EPA Region6 for Louisiana (LAR05*###), NewMexico (NMR05*###), Oklahoma(OKR05*###), and Federal IndianReservations in these States(LAR05*##F, NMR05*##F, OKR05*##F,or TXR05*##F). Coverage under thispermit is not available to commercialhazardous waste disposal/treatmentfacilities located in Region 6 thatdispose and treat on a commercial basisany produced hazardous wastes (nottheir own) as a service to generators.

6.K.3.1 Prohibition of Non-StormWater Discharges. (See also Part 1.2.3.1)Not authorized by this permit: leachate,gas collection condensate, drained freeliquids, contaminated ground water,

laboratory-derived wastewater andcontact washwater from washing truckand railcar exteriors and surface areaswhich have come in direct contact withsolid waste at the landfill facility.

6.K.4 Definitions6.K.4.1 Contaminated storm water—

storm water which comes in directcontact with landfill wastes, the wastehandling and treatment areas, or landfillwastewater as defined in Part 6.K.4.5.Some specific areas of a landfill thatmay produce contaminated storm waterinclude (but are not limited to): theopen face of an active landfill withexposed waste (no cover added); theareas around wastewater treatmentoperations; trucks, equipment ormachinery that has been in directcontact with the waste; and wastedumping areas.

6.K.4.2 Drained free liquids—aqueous wastes drained from wastecontainers (e.g., drums, etc.) prior tolandfilling.

6.K.4.3 Land treatment facility—afacility or part of a facility at whichhazardous waste is applied onto orincorporated into the soil surface; suchfacilities are disposal facilities if thewaste will remain after closure.

6.K.4.4 Landfill—an area of land oran excavation in which wastes areplaced for permanent disposal, that isnot a land application or land treatmentunit, surface impoundment,underground injection well, waste pile,salt dome formation, a salt bedformation, an underground mine or acave as these terms are defined in 40CFR 257.2, 258.2 and 260.10.

6.K.4.5 Landfill wastewater—asdefined in 40 CFR Part 445 (LandfillsPoint Source Category) all wastewaterassociated with, or produced by,landfilling activities except for sanitarywastewater, non-contaminated stormwater, contaminated groundwater, and

wastewater from recovery pumpingwells. Landfill wastewater includes, butis not limited to, leachate, gas collectioncondensate, drained free liquids,laboratory derived wastewater,contaminated storm water and contactwashwater from washing truck,equipment, and railcar exteriors andsurface areas which have come in directcontact with solid waste at the landfillfacility.

6.K.4.6 Leachate—liquid that haspassed through or emerged from solidwaste and contains soluble, suspended,or miscible materials removed fromsuch waste.

6.K.4.7 Non-contaminated stormwater—storm water which does notcome into direct contact with landfillwastes, the waste handling andtreatment areas, or landfill wastewateras defined in Part 6.K.4.5. Non-contaminated storm water includesstorm water which flows off the cap,cover, intermediate cover, daily cover,and/or final cover of the landfill.

6.K.4.8 Pile—any non-containerizedaccumulation of solid, nonflowinghazardous waste that is used fortreatment or storage and that is not acontainment building.

6.K.4.9 Surface impoundment—afacility or part of a facility which is anatural topographic depression, man-made excavation or diked area formedprimarily of earthen materials (althoughit may be lined with man-madematerials), which is designed to hold anaccumulation of liquid wastes or wastescontaining free liquids, and which is notan injection well. Examples of surfaceimpoundments are holding, storage,settling, and aeration pits, ponds andlagoons.

6.K.5 Numeric Limitations,Monitoring and ReportingRequirements. (See also Part 5)



TABLE K–1.—SECTOR-SPECIFIC NUMERIC EFFLUENT LIMITATIONS AND BENCHMARK AND COMPLIANCE MONITORING





ALL—Industrial Activity Code ..........................................‘‘HZ’’ (Note: permit coverage limited in some States) ....

Ammonia ........................... 19.0 mg/L

Total Recoverable Magne-sium.

0.0636 mg/L


120.0 mg/L

Total Recoverable Arsenic 0.16854 mg/LTotal Recoverable Cad-

mium.0.0159 mg/L

Total Cyanide .................... 0.0636 mg/LTotal Recoverable Lead .... 0.0816 mg/LTotal Recoverable Mercury 0.0024 mg/LTotal Recoverable Sele-

nium.0.2385 mg/L

Total Recoverable Silver ... 0.0318 mg/LALL—Industrial Activity Code ..........................................‘‘HZ’’ Subject to the Provisions of 40 CFR Part 445

Subpart A.

BOD5 ................................. ............................................ 220 mg/l, daily max.56 mg/l, monthly avg. max-

imum.TSS .................................... ............................................ 88 mg/l, daily max.

27 mg/l, monthly avg. max-imum.

Ammonia ........................... ............................................ 10 mg/l, daily maximum.4.9 mg/l, monthly avg.

maximum.Alpha Terpineol ................. ............................................ 0.042 mg/l, daily max.

0.019 mg/l, monthly avg.maximum.

Aniline ................................ ............................................ 0.024 mg/l, daily max.0.015 mg/l, monthly avg.

maximum.Benzoic Acid ...................... ............................................ 0.119 mg/l, daily max.


Naphthalene ...................... ............................................ 0.059 mg/l, daily max.0.022 mg/l, monthly avg.

maximum.p-Cresol ............................. ............................................ 0.024 mg/l, daily max.


Phenol ............................... ............................................ 0.048 mg/l, daily max.0.029 mg/l, monthly avg.

maximum.Pyridine .............................. ............................................ 0.072 mg/l, daily max.


Arsenic (Total) ................... ............................................ 1.1 mg/l, daily maximum.0.54 mg/l, monthly avg.

maximum.Chromium (Total) .............. ............................................ 1.1 mg/l, daily maximum.


Zinc (Total) ........................ ............................................ 0.535 mg/l, daily max.0.296 mg/l, monthly avg.

maximum.pH ...................................... ............................................ Within the range of 6–9 pH

units.

1 These benchmark monitoring cutoff concentrations apply to storm water discharges associated with industrial activity other than contaminatedstorm water discharges from landfills subject to the numeric effluent limitations set forth in Table K–1. Monitor once/quarter for the year 2 andyear 4 monitoring years.

2 As set forth at 40 CFR Part 445 Subpart A, these numeric limitations apply to contaminated storm water discharges from hazardous wastelandfills subject to the provisions of RCRA Subtitle C at 40 CFR Parts 264 (Subpart N) and 265 (Subpart N) except for any of the facilities de-scribed below:

(a) Landfills operated in conjunction with other industrial or commercial operations when the landfill only receives wastes generated by the in-dustrial 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 industrialor commercial operation directly associated with the landfill and also receives other wastes provided the other wastes received for disposal aregenerated by a facility that is subject to the same provisions in 40 CFR Subchapter N as the industrial or commercial operation or the otherwastes 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 facilitycommingles the landfill wastewater with other non-landfill wastewater for discharge. A landfill directly associated with a CWT facility is subject tothis part if the CWT facility discharges landfill wastewater separately from other CWT wastewater or commingles the wastewater from its landfillonly 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 activi-ties so long as the company owning the landfill does not receive a fee or other remuneration for the disposal service.

For the discharges subject to thenumeric effluent limitations, monitoringfor the specified parameters is requiredonce/year during each year of the termof the permit.

6.L Sector L—Landfills, LandApplication Sites and Open Dumps

6.L.1 Covered Storm Water DischargesThe requirements in Part 6.L apply to

storm water discharges associated withindustrial activity from Landfills andLand Application Sites and OpenDumps as identified by the ActivityCodes specified under Sector L in Table1–1 of Part 1.2.1.

6.L.2 Industrial Activities Covered bySector L

This permit may authorize stormwater discharges for Sector L facilitiesassociated with waste disposal atlandfills, land application sites andopen dumps that receive or havereceived industrial waste, includingsites subject to regulation under SubtitleD of RCRA.

6.L.3 Limitations on Coverage6.L.3.1 Prohibition of Non-Storm

Water Discharges. (See also Part 1.2.3.1)Not authorized by this permit:

leachate, gas collection condensate,drained free liquids, contaminatedground water, laboratory wastewater,and contact washwater from washingtruck and railcar exteriors and surfaceareas which have come in direct contactwith solid waste at the landfill facility.

6.L.4 Definitions6.L.4.1 Contaminated storm water—

storm water which comes in directcontact with landfill wastes, the wastehandling and treatment areas, or landfillwastewater. Some specific areas of alandfill that may produce contaminatedstorm water include (but are not limitedto): the open face of an active landfillwith exposed waste (no cover added);the areas around wastewater treatmentoperations; trucks, equipment ormachinery that has been in directcontact with the waste; and wastedumping areas.

6.L.4.2 Drained free liquids—aqueous wastes drained from wastecontainers (e.g., drums, etc.) prior tolandfilling.

6.L.4.3 Landfill wastewater—asdefined in 40 CFR Part 445 (LandfillsPoint Source Category) all wastewater

associated with, or produced by,landfilling activities except for sanitarywastewater, non-contaminated stormwater, contaminated groundwater, andwastewater from recovery pumpingwells. Landfill process wastewaterincludes, but is not limited to, leachate,gas collection condensate, drained freeliquids, laboratory derived wastewater,contaminated storm water and contactwashwater from washing truck,equipment and railcar exteriors andsurface areas which have come in directcontact with solid waste at the landfillfacility.

6.L.4.4 Leachate—liquid that haspassed through or emerged from solidwaste and contains soluble, suspendedor miscible materials removed fromsuch waste.

6.L.4.5 Non-contaminated stormwater—storm water which does notcome in direct contact with landfillwastes, the waste handling andtreatment areas, or landfill wastewater.Non-contaminated storm water includesstorm water which flows off the cap,cover, intermediate cover, daily cover,and/or final cover of the landfill.

6.L.5 Storm Water PollutionPrevention Plan (SWPPP) Requirements


6.L.5.1 Drainage Area Site Map. (Seealso Part 4.2.2.3)

Identify where any of the followingmay be exposed to precipitation/surfacerunoff: Active and closed landfill cellsor trenches, active and closed landapplication areas, locations where opendumping is occurring or has occurred,locations of any known leachate springsor other areas where uncontrolledleachate may commingle with runoff,leachate collection and handlingsystems.

6.L.5.2 Summary of PotentialPollutant Sources. (See also Part 4.2.4)

Describe the following sources andactivities that have potential pollutantsassociated with them: fertilizer,herbicide and pesticide application;earth/soil moving; waste hauling andloading/unloading; outdoor storage ofsignificant materials including daily,interim and final cover materialstockpiles as well as temporary wastestorage areas; exposure of active andinactive landfill and land applicationareas; uncontrolled leachate flows;

failure or leaks from leachate collectionand treatment systems.

6.L.5.3 Good HousekeepingMeasures. (See also Part 4.2.7.2.1.1)

As part of your good housekeepingprogram, consider providing protectedstorage areas for pesticides, herbicides,fertilizer and other significant materials.

6.L.5.4 Preventative MaintenanceProgram. (See also Part 4.2.7.1)

As part of your preventivemaintenance program, maintain: allcontainers used for outdoor chemical/significant materials storage to preventleaking; all elements of leachatecollection and treatment systems toprevent commingling of leachate withstorm water; the integrity andeffectiveness of any intermediate orfinal cover (including repairing thecover as necessary to minimize theeffects of settlement, sinking anderosion).

6.L.5.5 Inspections.6.L.5.5.1 Inspections of Active Sites.

(See also Part 4.2.7.2.1.5) Inspectoperating landfills, open dumps andland application sites at least once every7 days. Focus on areas of landfills thathave not yet been finally stabilized,active land application areas, areas usedfor storage of material/wastes that areexposed to precipitation, stabilizationand structural control measures,leachate collection and treatmentsystems, and locations where equipmentand waste trucks enter/exit the site.Ensure that sediment and erosioncontrol measures are operating properly.For stabilized sites and areas where landapplication has been completed, orwhere the climate is seasonally arid(annual rainfall averages from 0 to 10inches) or semi-arid (annual rainfallaverages from 10 to 20 inches), conductinspections at least once every month.

6.L.5.5.2 Inspections of InactiveSites. (See also Part 4.2.7.2.1.5) Inspectinactive landfills, open dumps and landapplication sites at least quarterly.Qualified personnel must inspectlandfill (or open dump) stabilizationand structural erosion control measuresand leachate collection and treatmentsystems, and all closed land applicationareas.

6.L.5.6 Recordkeeping and InternalReporting. Implement a tracking systemfor the types of wastes disposed of ineach cell or trench of a landfill or opendump. For land application sites, track



the types and quantities of wastesapplied in specific areas.

6.L.5.7 Non-Storm Water DischargeTest Certification. (See also Part 4.) Thedischarge test and certification mustalso be conducted for the presence ofleachate and vehicle washwater.

6.L.5.8 Sediment and ErosionControl Plan. (See also Part 4.2.7.2.2.1)Provide temporary stabilization (e.g.,consider temporary seeding, mulching

and placing geotextiles on the inactiveportions of stockpiles): for materialsstockpiled for daily, intermediate andfinal cover; for inactive areas of thelandfill or open dump; for any landfillor open dump area that have gotten finalcovers but where vegetation has yet toestablished itself; and where wasteapplication has been completed at landapplication sites but final vegetation hasnot yet been established.

6.L.5.9 Comprehensive SiteCompliance Evaluation. (See also Part4.9.2) Evaluate areas contributing to astorm water discharge associated withindustrial activities at landfills, opendumps and land application sites forevidence of, or the potential for,pollutants entering the drainage system.

6.L.6 Numeric Limitations,Monitoring and ReportingRequirements. (See also Part 5)

TABLE L–1.—SECTOR-SPECIFIC NUMERIC EFFLUENT LIMITATIONS AND BENCHMARK AND COMPLIANCE MONITORING




Section of Permit Affected/Supplemental Requirements

All Landfill, Land Application Sites and Open Dumps(Industrial Activity Code ‘‘LF’’).


100 mg/L.

All Landfill, Land Application Sites and Open Dumps,Except Municipal Solid Waste Landfill (MSWLF)Areas Closed in Accordance with 40 CFR 258.60 (In-dustrial Activity Code ‘‘LF’’).

Total Recoverable Iron ...... 1.0mg/L.

All Landfills Which are Subject to the Requirements of40 CFR Part 445 Subpart B (Industrial Activity Code‘‘LF’’).

BOD5 ................................. ............................................ 140 mg/1, daily max.37 mg/1, monthly ave max-

imumTSS .................................... ............................................ 88 mg/l, daily max.

27 mg/1, monthly ave max-imum.

Ammonia ........................... ............................................ 10 mg/1, daily max.4.9 mg/1, monthly ave

maximum.Alpha Terpineol ................. ............................................ 0.033 mg/1, daily max.

0.016 mg/1, monthly avemaximum.

Benzoic Acid ...................... ............................................ 0.12 mg/1, daily max.0.071 mg/1, monthly ave

maximum.p-Cresol ............................. ............................................ 0.025 mg/1, daily max.


Phenol ............................... ............................................ 0.026 mg/1, daily max.0.015 mg/1, monthly ave

maximum.Zinc (Total) ........................ ............................................ 0.20 mg/1, daily max.


pH ...................................... ............................................ Within the range of 6–9 pHunits.

1 These benchmark monitoring cutoff concentrations apply to storm water discharges associated with industrial activity other than contaminatedstorm water discharges from landfills subject to the numeric effluent limitations set forth in Table L–1. Monitor once/quarter for the year 2 andyear 4 monitoring years.

2 As set forth at 40 CFR Part 445 Subpart B, these numeric limitations apply to contaminated storm water discharges from MSWLFs whichhave not been closed in accordance with 40 CFR 258.60, and contaminated storm water discharges from those landfills which are subject to theprovisions of 40 CFR Part 257 except for discharges from any of facilities described in (a) through (d) below:

(a) landfills operated in conjunction with other industrial or commercial operations when the landfill only receives wastes generated by the in-dustrial 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 industrialor commercial operation directly associated with the landfill and also receives other wastes provided the other wastes received for disposal aregenerated by a facility that is subject to the same provisions in 40 CFR Subchapter N as the industrial or commercial operation or the otherwastes 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 facilitycommingles the landfill wastewater with other non-landfill wastewater for discharge. A landfill directly associated with a CWT facility is subject tothis part if the CWT facility discharges landfill wastewater separately from other CWT wastewater or commingles the wastewater from its landfillonly 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 activi-ties so long as the company owning the landfill does not receive a fee or other remuneration for the disposal service.



For the discharges subject to thenumeric effluent limitations, monitoringfor the specified parameters is requiredonce/year during each year of the termof the permit.

6.M Sector M—Automobile SalvageYards

6.M.1 Covered Storm WaterDischarges

The requirements in Part 6.M apply tostorm water discharges associated withindustrial activity from AutomobileSalvage Yards as identified by theActivity Code specified under Sector Min Table 1–1 of Part 1.2.1.

6.M.2 Industrial Activities Covered bySector M

The types of activities that permitteesunder Sector M are primarily engaged inare dismantling or wrecking used motorvehicles for parts recycling/resale andfor scrap.

6.M.3 Storm Water PollutionPrevention Plan (SWPPP) Requirements


6.M.3.1 Drainage Area Site Map.(See also Part 4.2.2.3) Indicate the

location of each monitoring point, andestimate the total acreage used forindustrial activity including, but notlimited to, dismantling, storage andmaintenance of used motor vehicleparts. Also identify where any of thefollowing may be exposed toprecipitation/surface runoff:Dismantling areas; parts (e.g., engineblocks, tires, hub caps, batteries, hoods,mufflers) storage areas; liquid storagetanks and drums for fuel and otherfluids.

6.M.3.2 Potential Pollutant Sources.(See also Part 4.2.4) Assess the potentialfor the following to contributepollutants to storm water discharges:Vehicle storage areas; dismantling areas;parts storage area (e.g., engine blocks,tires, hub caps, batteries, hoods,mufflers); fueling stations.

6.M.3.3 Spill and Leak PreventionProcedures. (See also Part 4.2.7.2.1.4)Drain vehicles intended to bedismantled of all fluids upon arrival atthe site (or as soon thereafter asfeasible); or employ some otherequivalent means to prevent spills/leaks.

6.M.3.4 Inspections. (See also Part4.2.7.2.1.5) Immediately (or as soonthereafter as feasible) inspect vehicles

arriving at the site for leaks. Inspectquarterly for signs of leakage, allequipment containing oily parts,hydraulic fluids or any other types offluids. Also inspect quarterly for signsof leakage, all vessels and areas wherefluids are stored, including, but notlimited to, brake fluid, transmissionfluid, radiator water and antifreeze.

6.M.3.5 Employee Training. (Seealso Part 4.2.7.2.1.6) If applicable toyour facility, address the following areas(at a minimum) in your employeetraining program: Proper handling(collection, storage, and disposal) of oil,used mineral spirits, anti-freeze andsolvents.

6.M.3.6 Management of Runoff. (Seealso Part 4.2.7.2.2.2) Consider thefollowing management practices: Bermsor drainage ditches on the property line(to help prevent run-on fromneighboring properties); berms foruncovered outdoor storage of oily parts,engine blocks and above-ground liquidstorage; installation of detention ponds;and the installation of filtering devicesand oil/water separators.

6.M.4 Monitoring and ReportingRequirements. (See also Part 5)

TABLE M–1.—SECTOR-SPECIFIC NUMERIC LIMITATIONS AND BENCHMARK MONITORING





Automobile Salvage Yards (SIC 5015) ........................... Total Suspended Solids(TSS).


Total Recoverable Iron ......Total Recoverable Lead ....

100.0 mg/L.0.75 mg/L.1.0 mg/L.0.0816 mg/L.

1 Monitor once/quarter for the year 2 and year 4 monitoring years.

6.N Sector N—Scrap Recycling andWaste Recycling Facilities

6.N.1 Covered Storm WaterDischarges

The requirements in Part N apply tostorm water discharges associated withindustrial activity from Scrap Recyclingand Waste Recycling facilities asidentified by the SIC Codes specifiedunder Sector N in Table 1–1 of Part1.2.1.

6.N.2 Industrial Activities Covered bySector N

The types of activities that permitteesunder Sector N are primarily engaged inare:

6.N.2.1 processing, reclaiming andwholesale distribution of scrap and

waste materials such as ferrous andnonferrous metals, paper, plastic,cardboard, glass, animal hides;

6.N.2.2 reclaiming and recyclingliquid wastes such as used oil,antifreeze, mineral spirits and industrialsolvents.

6.N.3 Coverage Under This Permit

Separate permit requirements havebeen established for recycling facilitiesthat only receive source-separatedrecyclable materials primarily from non-industrial and residential sources (i.e.,common consumer products includingpaper, newspaper, glass, cardboard,plastic containers, aluminum and tincans). This includes recycling facilitiescommonly referred to as materialrecovery facilities (MRF).

6.N.3.1 Prohibition of Non-StormWater Discharges. (See also Part 1.2.2.2)Not covered by this permit: non-stormwater discharges from turningscontainment areas (see also Part6.N.5.1.3). Discharges from containmentareas in the absence of a storm event areprohibited unless covered by a separateNPDES permit.

6.N.4 Storm Water PollutionPrevention Plan (SWPPP) Requirements

In addition to the followingrequirements, you must also complywith the requirements listed in Part 4 ofthe MSGP. Part 6.N.4.1 contains arequirement that applies to all recyclingfacilities and is followed by Parts6.N.4.2 to 6.N.4.4.4, which haverequirements for specific types of



recycling facilities. Implement anddescribe in your SWPPP a program toaddress those items that apply. Includedare lists of BMP options which, alongwith any functional equivalents, shouldbe considered for implementation.Selection or deselection of a particularBMP or approach is up to the bestprofessional judgement of the operator,as long as the objective of therequirement is met.

6.N.4.1 Drainage Area Site Map.(See also Part 4.2.2.3)

Identify the locations of any of thefollowing activities or sources whichmay be exposed to precipitation/surfacerunoff: scrap and waste material storage,outdoor scrap and waste processingequipment, and containment areas forturnings exposed to cutting fluids.

6.N.4.2 Scrap and Waste RecyclingFacilities (Non-Source Separated, Non-Liquid Recyclable Materials).Requirements for facilities that receive,process and do wholesale distribution ofnon-liquid recyclable wastes (e.g.,ferrous and nonferrous metals, plastics,glass, cardboard and paper). Thesefacilities may receive both nonrecyclable and recyclable materials.This section is not intended for thosefacilities that only accept recyclablesfrom primarily non-industrial andresidential sources.

6.N.4.2.1 Inbound Recyclable andWaste Material Control Program.Minimize the chance of acceptingmaterials that could be significantsources of pollutants by conductinginspections of inbound recyclables andwaste materials. BMP options: (a)Provide information/education tosuppliers of scrap and recyclable wastematerials on draining and properlydisposing of residual fluids (e.g., fromvehicles and equipment engines,radiators and transmissions, oil filledtransformers and individual containersor drums), prior to delivery to yourfacility; (b) procedures to minimize thepotential of any residual fluids fromcoming into contact with precipitation/runoff; (c) procedures for acceptingscrap lead-acid batteries (additionalrequirements for the handling, storageand disposal or recycling of batteries arecontained in the scrap lead-acid batteryprogram provisions in N.5.1.6); (d)training targeted for those personnelengaged in the inspection andacceptance of inbound recyclablematerials. In addition, (e) liquid wastes,including used oil, must be stored inmaterially compatible and non-leakingcontainers and disposed or recycled inaccordance with RCRA.

6.N.4.2.2 Scrap and Waste MaterialStockpiles/Storage (Outdoor). Minimizecontact of storm water runoff with

stockpiled materials, processedmaterials and non-recyclable wastes.BMP options: (a) Permanent or semi-permanent covers; (b) to facilitatesettling or filtering of pollutants:sediment traps, vegetated swales andstrips, catch basin filters and sandfilters; (c) divert runoff away fromstorage areas via dikes, berms,containment trenches, culverts andsurface grading; (d) silt fencing; (e) oil/water separators, sumps and dryabsorbents for areas where potentialsources of residual fluids are stockpiled(e.g., automobile engine storage areas).

6.N.4.2.3 Stockpiling of TurningsExposed to Cutting Fluids (Outdoor).Minimize contact of surface runoff withresidual cutting fluids. BMP options(use singularly or in combination): (a)Store all turnings exposed to cuttingfluids under some form of permanent orsemi-permanent cover. Storm waterdischarges from these areas arepermitted provided the runoff is firsttreated by an oil/water separator or itsequivalent. Identify procedures tocollect, handle and dispose/recycleresidual fluids which may be present;(b) establish dedicated containmentareas for all turnings that have beenexposed to cutting fluids. Storm waterrunoff from these areas can bedischarged provided: The containmentareas are constructed of either concrete,asphalt or other equivalent types ofimpermeable material; there is a barrieraround the perimeter of the containmentareas (e.g., berms, curbing, elevatedpads, etc.) to prevent contact with stormwater run-on; there is a drainagecollection system for runoff generatedfrom containment areas; you have aschedule to maintain the oil/waterseparator (or its equivalent); and youidentify procedures for properlydisposing or recycling collected residualfluids.

6.N.4.2.4 Scrap and Waste MaterialStockpiles/Storage (Covered or IndoorStorage). Minimize contact of residualliquids and particulate matter frommaterials stored indoors or under coverwith surface runoff. BMP options: (a)Good housekeeping measures includingthe use of dry absorbent or wetvacuuming to contain or dispose/recycleresidual liquids originating fromrecyclable containers; (b) not allowingwashwater from tipping floors or otherprocessing areas to discharge to thestorm sewer system; (c) disconnect orseal off all floor drains connected to thestorm sewer system.

6.N.4.2.5 Scrap and RecyclableWaste Processing Areas. Minimizesurface runoff from coming in contactwith scrap processing equipment. Payattention to operations that generate

visible amounts of particulate residue(e.g., shredding) to minimize the contactof accumulated particulate matter andresidual fluids with runoff (i.e., throughgood housekeeping, preventivemaintenance, etc.). BMP options: (a)Regularly inspect equipment for spills/leaks, and malfunctioning/worn/corroded parts or equipment; (b) apreventive maintenance program forprocessing equipment; (c) use of dry-absorbents or other cleanup practices tocollect and dispose/recycle spilled/leaking fluids; (e) on unattendedhydraulic reservoirs over 150 gallons incapacity, install such protection devicesas low-level alarms or other equivalentdevices, or, alternatively, secondarycontainment that can hold the entirevolume of the reservoir; (f) containmentor diversion structures such as dikes,berms, culverts, trenches, elevatedconcrete pads, grading to minimizecontact of storm water runoff withoutdoor processing equipment or storedmaterials; (g) oil/water separators orsumps; (h) permanent or semi-permanent covers in processing areaswhere there are residual fluids andgrease; (i) retention/detention ponds orbasins; sediment traps, vegetated swalesor strips (for pollutant settling/filtration); (j) catch basin filters or sandfilters.

6.N.4.2.6 Scrap Lead-Acid BatteryProgram. Properly handle, store anddispose of scrap lead-acid batteries.BMP options: (a) Segregate scrap lead-acid batteries from other scrapmaterials; (b) proper handling, storageand disposal of cracked or brokenbatteries; (c) collect and dispose leakinglead-acid battery fluid; (d) minimize/eliminate (if possible) exposure of scraplead-acid batteries to precipitation orrunoff; (e) employee training for themanagement of scrap batteries.

6.N.4.2.7 Spill Prevention andResponse Procedures. (See also Part4.2.7.2.1.4) Minimize storm watercontamination at loading/unloadingareas, and from equipment or containerfailures. BMP options: (a) Preventionand response measures for areas that arepotential sources of fluid leaks/spills;(b) immediate containment and clean upof spills/leaks. If malfunctioningequipment is responsible for the spill/leak, repairs should also be conductedas soon as possible; (c) cleanupmeasures including the use of dryabsorbents. If this method is employed,there should be an adequate supply ofdry absorbent materials kept onsite andused absorbent must be properlydisposed of; (d) store drums containingliquids—especially oil and lubricants—either: Indoors, in a bermed area, inoverpack containers or spill pallets, or



in other containment devices; (e) installoverfill prevention devices on fuelpumps or tanks; (f) place drip pans orequivalent measures under leakingstationary equipment until the leak isrepaired. The drip pans should beinspected for leaks and potentialoverflow and all liquids must beproperly disposed of (as per RCRA); (g)install alarms and/or pump shut offsystems on outdoor equipment withhydraulic reservoirs exceeding 150gallons in the event of a line break.Alternatively, a secondary containmentsystem capable of holding the entirecontents of the reservoir plus room forprecipitation can be used.

6.N.4.2.8 Quarterly InspectionProgram. (See also Part 4.2.7.2.1.5)Inspect all designated areas of thefacility and equipment identified in theplan quarterly.

6.N.4.2.9 Supplier NotificationProgram. As appropriate, notify majorsuppliers which scrap materials will notbe accepted at the facility or are onlyaccepted under certain conditions.

6.N.4.3 Waste Recycling Facilities(Liquid Recyclable Materials).

6.N.4.3.1 Waste Material Storage(Indoor). Minimize/eliminate contactbetween residual liquids from wastematerials stored indoors and surfacerunoff. The plan may refer to applicableportions of other existing plans such asSPCC plans required under 40 CFR Part112. BMP options: (a) procedures formaterial handling (including labelingand marking); (b) clean up spills/leakswith dry-absorbent materials or a wetvacuum system; (c) appropriatecontainment structures (trenching,curbing, gutters, etc.); (d) a drainagesystem, including appurtenances (e.g.,pumps or ejectors, manually operatedvalves), to handle discharges from dikedor bermed areas. Drainage should bedischarged to an appropriate treatmentfacility, sanitary sewer system, orotherwise disposed of properly. Thesedischarges may require coverage undera separate NPDES wastewater permit orindustrial user permit under thepretreatment program.

6.N.4.3.2 Waste Material Storage(Outdoor). Minimize contact between

stored residual liquids and precipitationor runoff. The plan may refer toapplicable portions of other existingplans such as SPCC plans requiredunder 40 CFR Part 112. Discharges ofprecipitation from containment areascontaining used oil must also be inaccordance with applicable sections of40 CFR Part 112. BMP options: (a)appropriate containment structures (e.g.,dikes, berms, curbing, pits) to store thevolume of the largest tank withsufficient extra capacity forprecipitation; (b) drainage control andother diversionary structures; (c) forstorage tanks, provide corrosionprotection and/or leak detectionsystems; (d) use dry-absorbent materialsor a wet vacuum system to collect spills.

6.N.4.3.3 Trucks and Rail Car WasteTransfer Areas. Minimize pollutants indischarges from truck and rail carloading/unloading areas. Includemeasures to clean up minor spills/leaksresulting from the transfer of liquidwastes. BMP options: (a) containmentand diversionary structures to minimizecontact with precipitation or runoff; (b)use dry-clean up methods, wetvacuuming, roof coverings, or runoffcontrols.

6.N.4.3.4 Quarterly Inspections. (Seealso Part 4.2.7.2.1.5) At a minimum, theinspections must also include all areaswhere waste is generated, received,stored, treated or disposed and that areexposed to either precipitation or stormwater runoff.

6.N.4.4 Recycling Facilities (SourceSeparated Materials). The followingidentifies considerations for facilitiesthat receive only source-separatedrecyclables, primarily from non-industrial and residential sources.

6.N.4.4.1 Inbound RecyclableMaterial Control. Minimize the chanceof accepting non-recyclables (e.g.,hazardous materials) which could be asignificant source of pollutants byconducting inspections of inboundmaterials. BMP options: (a) information/education measures to inform suppliersof recyclables which materials areacceptable and which are not; (b)training drivers responsible for pickupof recycled material; (c) clearly marking

public drop-off containers regardingwhich materials can be accepted; (d)reject non-recyclable wastes orhousehold hazardous wastes at thesource; (e) procedures for handling anddisposal of non-recyclable material.

6.N.4.4.2 Outdoor Storage. Minimizeexposure of recyclables to precipitationand runoff. Use good housekeepingmeasures to prevent accumulation ofparticulate matter and fluids,particularly in high traffic areas. OtherBMP options: (a) provide totally-enclosed drop-off containers for thepublic; (b) install a sump/pump witheach container pit and treat or dischargecollected fluids to a sanitary sewersystem; (c) provide dikes and curbs forsecondary containment (e.g., aroundbales of recyclable waste paper); (d)divert surface water runoff away fromoutside material storage areas; (e)provide covers over containment bins,dumpsters, roll-off boxes; (f) store theequivalent one days’s volume ofrecyclable material indoors.

6.N.4.4.3 Indoor Storage andMaterial Processing. Minimize therelease of pollutants from indoor storageand processing areas. BMP options: (a)schedule routine good housekeepingmeasures for all storage and processingareas; (b) prohibit tipping floorwashwater from draining to the stormsewer system; (c) provide employeetraining on pollution preventionpractices.

6.N.4.4.4 Vehicle and EquipmentMaintenance. BMP options for thoseareas where vehicle and equipmentmaintenance are occurring outdoors: (a)prohibit vehicle and equipmentwashwater from discharging to thestorm sewer system; (b) minimize oreliminate outdoor maintenance areaswhenever possible; (c) establish spillprevention and clean-up procedures infueling areas; (d) avoid topping off fueltanks; (e) divert runoff from fuelingareas; (f) store lubricants and hydraulicfluids indoors; (g) provide employeetraining on proper handling, storage ofhydraulic fluids and lubricants.

6.N.5 Monitoring and ReportingRequirements. (See also Part 5)



TABLE N–1.—SECTOR-SPECIFIC NUMERIC EFFLUENT LIMITATIONS AND BENCHMARK MONITORING



off concentration1 Numeric limitation


Scrap Recycling Facility (SIC 5093) ............................... Chemical Oxygen Demand(COD).



Total Recoverable CopperTotal Recoverable Iron ......Total Recoverable Lead ....Total Recoverable Zinc .....

120 mg/L.100 mg/L.0.75 mg/L.0.0636 mg/L.1.0 mg/L.0.0816 mg/L.0.117 mg/L.


6.O Sector O—Steam ElectricGenerating Facilities

6.O.1 Covered Storm WaterDischarges

The requirements in Part 6.O apply tostorm water discharges associated withindustrial activity from Steam ElectricPower Generating Facilities as identifiedby the Activity Code specified underSector O in Table 1–1 of Part 1.2.1.

6.O.2 Industrial Activities Covered bySector O

This permit authorizes storm waterdischarges from the following industrialactivities at Sector O facilities:

6.O.2.1 Steam electric powergeneration using coal, natural gas, oil,nuclear energy, etc. to produce a steamsource, including coal handling areas;

6.O.2.2 Coal pile runoff, includingeffluent limitations established by 40CFR Part 423;

6.O.2.3 Dual fuel co-generationfacilities.

6.O.3 Limitations on Coverage6.O.3.1 Prohibition of Non-Storm

Water Discharges. Not covered by thispermit: non-storm water dischargessubject to effluent limitationsguidelines.

6.O.3.2 Prohibition of Storm WaterDischarges. Not covered by this permit:storm water discharges from ancillaryfacilities (e.g., fleet centers, gas turbinestations and substations) that are notcontiguous to a stream electric powergenerating facility; and heat capture co-generation facilities.

6.O.4 Storm Water PollutionPrevention Plan (SWPPP) Requirements


6.O.4.1 Drainage Area Site Map.(See also Part 4.2.2.3) Identify thelocations of any of the following

activities or sources which may beexposed to precipitation / surfacerunoff: storage tanks, scrap yards,general refuse areas; short and long termstorage of general materials (includingbut not limited to: supplies,construction materials, paintequipment, oils, fuels, used and unusedsolvents, cleaning materials, paint,water treatment chemicals, fertilizer andpesticides); landfills, construction sites;stock piles areas (e.g., coal or limestonepiles).

6.O.4.2 Good HousekeepingMeasures. (See also Part 4.2.7.2.1.1)

6.O.4.2.1 Fugitive Dust Emissions.Describe and implement measures thatprevent or minimize fugitive dustemissions from coal handling areas.Consider such procedures to minimizethe tracking of coal dust offsite asinstalling specially designed tires, orwashing vehicles in a designated areabefore they leave the site andcontrolling the wash water.

6.O.4.2.2 Delivery Vehicles. Describeand implement measures that prevent orminimize contamination of storm waterrunoff from delivery vehicles arriving atthe plant site. Consider the following:procedures to inspect delivery vehiclesarriving at the plant site and ensureoverall integrity of the body orcontainer; and procedures to deal withleakage / spillage from vehicles orcontainers.

6.O.4.2.3 Fuel Oil Unloading Areas.Describe and implement measures thatprevent or minimize contamination ofprecipitation / surface runoff from fueloil unloading areas. Consider, at aminimum (or their equivalents): usingcontainment curbs in unloading areas;having personnel familiar with spillprevention and response procedurespresent during deliveries to ensure thatany leaks / spills are immediatelycontained and cleaned up; using spilland overflow protection (e.g., drip pans,

drip diapers or other containmentdevices placed beneath fuel oilconnectors to contain potential spillageduring deliveries or from leaks at theconnectors).

6.O.4.2.4 Chemical Loading /Unloading. Describe and implementmeasures that prevent or minimizecontamination of precipitation / surfacerunoff from chemical loading /unloading areas. Consider, at aminimum (or their equivalents): usingcontainment curbs at chemical loading/ unloading areas to contain spill;having personnel familiar with spillprevention and response procedurespresent during deliveries to ensure thatany leaks / spills are immediatelycontained and cleaned up; and load /unload in covered areas and storechemicals indoors.

6.O.4.2.5 Miscellaneous Loading /Unloading Areas. Describe andimplement measures that prevent orminimize contamination ofprecipitation / surface runoff fromloading / unloading areas. Consider, ata minimum (or their equivalents):covering the loading area; grading,berming, or curbing around the loadingarea to divert run-on; or locating theloading / unloading equipment andvehicles so leaks are contained inexisting containment and flow diversionsystems.

6.O.4.2.6 Liquid Storage Tanks.Describe and implement measures thatprevent or minimize contamination ofsurface runoff from above ground liquidstorage tanks. Consider using, at aminimum (or their equivalents):protective guards around tank;containment curbs; spill and overflowprotection; and dry cleanup methods.

6.O.4.2.7 Large Bulk Fuel StorageTanks. Describe and implementmeasures that prevent or minimizecontamination of surface runoff fromlarge bulk fuel storage tanks. Consider,



at a minimum, using containment berms(or its equivalent). You must alsocomply with applicable State andFederal laws, including Spill PreventionControl and Countermeasures (SPCC).

6.O.4.2.8 Spill Reduction Measures.Describe and implement measures toreduce the potential for an oil /chemical spill or reference theappropriate Part of your SPCC plan. Ata minimum, visually inspect on aweekly basis, the structural integrity ofall above ground tanks, pipelines,pumps and other related equipment,and effect any necessary repairsimmediately.

6.O.4.2.9 Oil Bearing Equipment inSwitchyards. Describe and implementmeasures that prevent or minimizecontamination of surface runoff from oilbearing equipment in switchyard areas.Consider using level grades and gravelsurfaces to retard flows and limit thespread of spills or collecting runoff inperimeter ditches.

6.O.4.2.10 Residue HaulingVehicles. Inspect all residue haulingvehicles for proper covering over theload, adequate gate sealing and overallintegrity of the container body. Repairas soon as practicable, vehicles withoutload covering or adequate gate sealing,or with leaking containers or beds.

6.O.4.2.11 Ash Loading Areas.Describe and implement procedures toreduce or control the tracking of ash/residue from ash loading areas. Wherepracticable, clear the ash building floorand immediately adjacent roadways ofspillage, debris and excess water beforedeparture of each loaded vehicle.

6.O.4.2.12 Areas Adjacent toDisposal Ponds or Landfills. Describeand implement measures that prevent orminimize contamination of surfacerunoff from areas adjacent to disposalponds or landfills. Develop proceduresto reduce ash residue that may betracked on to access roads traveled byresidue handling vehicles, and reduceash residue on exit roads leading intoand out of residue handling areas.

6.O.4.2.13 Landfills, Scrap Yards,Surface Impoundments, Open Dumps,General Refuse Sites.

Address these areas in your SWPPPand include appropriate BMPs asreferred to in Part 4.

6.O.4.2.14 Vehicle MaintenanceActivities. For vehicle maintenanceactivities performed on the plant site,use the applicable BMPs outlined inPart 6.P.

6.O.4.2.15 Material Storage Areas.Describe and implement measures thatprevent or minimize contamination of

storm water runoff from material storageareas (including areas used fortemporary storage of miscellaneousproducts and construction materialsstored in lay-down areas). Considerusing (or their equivalents): Flat yardgrades; collecting runoff in gradedswales or ditches; erosion protectionmeasures at steep outfall sites (e.g.,concrete chutes, riprap, stilling basins);covering lay-down areas; storingmaterials indoors; and coveringmaterials temporarily withpolyethylene, polyurethane,polypropylene or hypalon. Storm waterrun-on may be minimized byconstructing an enclosure or building aberm around the area.

6.O.4.3 Comprehensive SiteCompliance Evaluation. (See also Part4.9.3) As part of your evaluation,inspect the following areas on amonthly basis: Coal handling areas,loading/unloading areas, switchyards,fueling areas, bulk storage areas, ashhandling areas, areas adjacent todisposal ponds and landfills,maintenance areas, liquid storage tanks,and long term and short term materialstorage areas.

6.O.5 Monitoring and ReportingRequirements. (See also Part 5)

TABLE O–1.—SECTOR-SPECIFIC NUMERIC EFFLUENT LIMITATIONS AND BENCHMARK MONITORING



off concentration 1 Numeric Limitation 2


Steam Electric Generating Facilities (Industrial ActivityCode ‘‘SE’’).

Total Recoverable Iron ...... 1.0 mg/L.

1 Monitor once/quarter for the year 2 and year 4 Monitoring Years.2 Note that the numeric effluent limitation guidelines for coal pile runoff at steam electric generating facilities have been adopted as a standard

numeric limits for all coal pile runoff. See Part 5.1.3.

6.P Sector P—Land Transportationand Warehousing

6.P.1 Covered Storm Water Discharges

The requirements in Part 6.P apply tostorm water discharges associated withindustrial activity from LandTransportation and Warehousingfacilities as identified by the ActivityCode specified under Sector P in Table1–1 of Part 1.2.1.

6.P.2 Industrial Activities Covered bySector P

The types of activities that permitteesunder Sector P are primarily engaged inare:

6.P.2.1 vehicle and equipmentmaintenance (vehicle and equipmentrehabilitation, mechanical repairs,painting, fueling and lubrication);

6.P.2.2 equipment cleaning.

6.P.3 Storm Water PollutionPrevention Plan (SWPPP) Requirements


6.P.3.1 Drainage Site Map. (See alsoPart 4.2.2.3) Identify the locations of anyof the following activities or sources:Fueling stations; vehicle/equipmentmaintenance or cleaning areas; storageareas for vehicle/equipment with actualor potential fluid leaks; loading/unloading areas; areas where treatment,storage or disposal of wastes occur;liquid storage tanks; processing areas;storage areas; and all monitoring areas.

6.P.3.2 Potential Pollutant Sources.(See also Part 4.2.4) Describe and assessthe potential for the following to

contribute pollutants to storm waterdischarges: Onsite waste storage ordisposal; dirt/gravel parking areas forvehicles awaiting maintenance; andfueling areas.

6.P.3.3 Good HousekeepingMeasures. (See also Part 4.2.7.2.1.1)

6.P.3.3.1 Vehicle and EquipmentStorage Areas. Confine the storage ofleaky or leak-prone vehicles/equipmentawaiting maintenance to designatedareas. Consider the following (or otherequivalent measures): The use of drippans under vehicles/equipment, indoorstorage of vehicles and equipment,installation of berms or dikes, use ofabsorbents, roofing or covering storageareas, and cleaning pavement surfacesto remove oil and grease.

6.P.3.3.2 Fueling Areas. Implementand describe measures that prevent or



minimize contamination of storm waterrunoff from fueling areas. Consider thefollowing (or other equivalentmeasures): Covering the fueling area;using spill/overflow protection andcleanup equipment; minimizing stormwater runon/runoff to the fueling area;using dry cleanup methods; and treatingand/or recycling collected storm waterrunoff.

6.P.3.3.3 Material Storage Areas.Maintain all material storage vessels(e.g., for used oil/oil filters, spentsolvents, paint wastes, hydraulic fluids)to prevent contamination of storm waterand plainly label them (e.g., ‘‘Used Oil,’’‘‘Spent Solvents,’’ etc.). Consider thefollowing (or other equivalentmeasures): storing the materials indoors;installing berms/dikes around the areas;minimizing runoff of storm water to theareas; using dry cleanup methods; andtreating and/or recycling collected stormwater runoff.

6.P.3.3.4 Vehicle and EquipmentCleaning Areas. Implement and describemeasures that prevent or minimizecontamination of storm water runofffrom all areas used for vehicle/equipment cleaning. Consider thefollowing (or other equivalentmeasures): performing all cleaningoperations indoors; covering thecleaning operation, ensuring that allwashwater drains to a proper collectionsystem (i.e., not the storm waterdrainage system unless NPDESpermitted); treating and/or recyclingcollected storm water runoff, or otherequivalent measures. Note: thedischarge of vehicle/equipmentwashwater, including tank cleaningoperations, are not authorized by thispermit and must be covered under aseparate NPDES permit or discharged toa sanitary sewer in accordance withapplicable industrial pretreatmentrequirements.

6.P.3.3.5 Vehicle and EquipmentMaintenance Areas. Implement anddescribe measures that prevent orminimize contamination of storm waterrunoff from all areas used for vehicle/equipment maintenance. Consider thefollowing (or other equivalentmeasures): performing maintenanceactivities indoors; using drip pans;keeping an organized inventory ofmaterials used in the shop; draining allparts of fluid prior to disposal;prohibiting wet clean up practices ifthese practices would result in thedischarge of pollutants to storm waterdrainage systems; using dry cleanupmethods; treating and/or recyclingcollected storm water runoff,minimizing run on/runoff of stormwater to maintenance areas.

6.P.3.3.6 Locomotive Sanding(Loading Sand for Traction) Areas.Consider the following (or otherequivalent measures): covering sandingareas; minimizing storm water run on/runoff; or appropriate sediment removalpractices to minimize the offsitetransport of sanding material by stormwater.

6.P.3.4 Inspections. (See also Part4.2.7.2.1.5) Inspect all the followingareas/activities: storage areas forvehicles/equipment awaitingmaintenance, fueling areas, indoor andoutdoor vehicle/equipmentmaintenance areas, material storageareas, vehicle/equipment cleaning areasand loading/unloading areas.

6.P.3.5 Employee Training. (See alsoPart 4.2.7.2.1.6) Train personnel at leastonce a year and address the following,as applicable: used oil and spent solventmanagement; fueling procedures;general good housekeeping practices;proper painting procedures; and usedbattery management.

6.P.3.6 Vehicle and EquipmentWashwater Requirements. (See also Part4.4) Attach to or reference in yourSWPPP, a copy of the NPDES permitissued for vehicle/equipment washwateror, if an NPDES permit has not beenissued, a copy of the pendingapplication. If an industrial user permitis issued under a pretreatment program,attach a copy to your SWPPP. In anycase, address all non-storm water permitconditions or pretreatment conditions inyour SWPPP. If washwater is handled inanother manner (e.g., hauled offsite),describe the disposal method and attachall pertinent documentation/information (e.g., frequency, volume,destination, etc.) in the plan.

6.Q Sector Q—Water Transportation

6.Q.1 Covered Storm WaterDischarges

The requirements in Part 6.Q apply tostorm water discharges associated withindustrial activity from WaterTransportation facilities as identified bythe Activity Code specified under SectorQ in Table 1–1 of Part 1.2.1.

6.Q.2 Industrial Activities Covered bySector Q

The requirements listed under thisPart apply to storm water dischargesassociated with the following activities:

6.Q.2.1 Water transportationfacilities classified in SIC Code majorgroup 44 that have vehicle (vessel)maintenance shops and/or equipmentcleaning operations including:

6.Q.2.1.1 Water transportationindustry includes facilities engaged inforeign or domestic transport of freight

or passengers in deep sea or inlandwaters;

6.Q.2.1.2 Marine cargo handlingoperations;

6.Q.2.1.3 Ferry operations;6.Q.2.1.4 Towing and tugboat

services;6.Q.2.1.5 Marinas.

6.Q.3 Limitations on Coverage6.Q.3.1 Prohibition of Non-Storm

Water Discharges. (See also Part 1.2.3.1)Not covered by this permit: bilge andballast water, sanitary wastes, pressurewash water and cooling wateroriginating from vessels.

6.Q.4 Storm Water PollutionPrevention Plan (SWPPP) Requirements


6.Q.4.1 Drainage Area Site Map.(See also Part 4.2.2.3) Identify whereany of the following may be exposed toprecipitation/surface runoff: fueling;engine maintenance/repair; vesselmaintenance/repair; pressure washing;painting; sanding; blasting; welding;metal fabrication; loading/unloadingareas; locations used for the treatment,storage or disposal of wastes; liquidstorage tanks; liquid storage areas (e.g.,paint, solvents, resins); and materialstorage areas (e.g., blasting media,aluminum, steel, scrap iron).

6.Q.4.2 Summary of PotentialPollutant Sources. (See also Part 4.2.4)Describe the following additionalsources and activities that havepotential pollutants associated withthem: outdoor manufacturing orprocessing activities (i.e., welding,metal fabricating); and significant dustor particulate generating processes (e.g.,abrasive blasting, sanding, painting).

6.Q.4.3 Good HousekeepingMeasures. (See also Part 4.2.7.2.1.1)

6.Q.4.3.1 Pressure Washing Area. Ifpressure washing is used to removemarine growth from vessels, thedischarge water must be permitted by aseparate NPDES permit. Describe in theSWPPP: the measures to collect orcontain the discharges from thepressures washing area; the method forthe removal of the visible solids; themethods of disposal of the collectedsolids; and where the discharge will bereleased.

6.Q.4.3.2 Blasting and PaintingArea. Implement and describe measuresto prevent spent abrasives, paint chipsand over spray from discharging into thereceiving water or the storm sewersystems. Consider containing allblasting/painting activities or use othermeasures to prevent or minimize thedischarge the contaminants (e.g.,



hanging plastic barriers or tarpaulinsduring blasting or painting operations tocontain debris). Where necessary,regularly clean storm water conveyancesof deposits of abrasive blasting debrisand paint chips. Detail in the SWPPPany standard operating practicesrelating to blasting/painting (e.g.,prohibiting uncontained blasting/painting over open water, or prohibitingblasting/painting during windyconditions which can rendercontainment ineffective).

6.Q.4.3.3 Material Storage Areas.Store and plainly label all containerizedmaterials (e.g., fuels, paints, solvents,waste oil, antifreeze, batteries) in aprotected, secure location away fromdrains. Implement and describemeasures to prevent or minimize thecontamination of precipitation/surfacerunoff from the storage areas. Specifywhich materials are stored indoors andconsider containment or enclosure forthose stored outdoors. If abrasiveblasting is performed, discus the storageand disposal of spent abrasive materialsgenerated at the facility. Considerimplementing an inventory control planto limit the presence of potentiallyhazardous materials onsite.

6.Q.4.3.4 Engine Maintenance andRepair Areas. Implement and describemeasures to prevent or minimize thecontamination of precipitation/surfacerunoff from all areas used for enginemaintenance and repair. Consider thefollowing (or their equivalents):performing all maintenance activitiesindoors; maintaining an organizedinventory of materials used in the shop;draining all parts of fluid prior todisposal; prohibiting the practice ofhosing down the shop floor; using drycleanup methods; and treating and/orrecycling storm water runoff collectedfrom the maintenance area.

6.Q.4.3.5 Material Handling Area.Implement and describe measures toprevent or minimize the contaminationof precipitation/surface runoff frommaterial handling operations and areas(e.g., fueling, paint and solvent mixing,disposal of process wastewater streamsfrom vessels). Consider the following (ortheir equivalents): covering fuelingareas; using spill/overflow protection;mixing paints and solvents in adesignated area (preferably indoors orunder a shed); and minimize runoff ofstorm water to material handling areas.

6.Q.4.3.6 Drydock Activities.Describe your procedures for routinelymaintaining/cleaning the drydock toprevent or minimize pollutants in stormwater runoff. Address the cleaning ofaccessible areas of the drydock prior toflooding, and final cleanup followingremoval of the vessel and raising thedock. Include procedures for cleaningup oil, grease or fuel spills occurring onthe drydock. Consider the following (ortheir equivalents): sweeping rather thanhosing off debris/spent blasting materialfrom accessible areas of the drydockprior to flooding, and having absorbentmaterials and oil containment boomsreadily available to contain/cleanup anyspills.

6.Q.4.3.7 General Yard Area.Implement and describe a schedule forroutine yard maintenance and cleanup.Regularly remove from the general yardarea: scrap metal, wood, plastic,miscellaneous trash, paper, glass,industrial scrap, insulation, weldingrods, packaging, etc.

6.Q.4.4 Preventative Maintenance.(See also Part 4.2.7.2.1.4) As part of yourpreventive maintenance program,perform timely inspection andmaintenance of storm watermanagement devices (e.g., cleaning oil/water separators and sediment traps to

ensure that spent abrasives, paint chipsand solids will be intercepted andretained prior to entering the stormdrainage system) as well as inspectingand testing facility equipment andsystems to uncover conditions thatcould cause breakdowns or failuresresulting in discharges of pollutants tosurface waters.

6.Q.4.5 Inspections. (See also Part4.2.7.2.1.5) Include the following areasin all monthly inspections: pressurewashing area; blasting, sanding andpainting areas; material storage areas;engine maintenance/repair areas;material handling areas; drydock area;and general yard area.

6.Q.4.6 Employee Training. (See alsoPart 4.2.7.2.1.6) As part of youremployee training program, address, ata minimum, the following activities (asapplicable): used oil management; spentsolvent management; disposal of spentabrasives; disposal of vesselwastewaters; spill prevention andcontrol; fueling procedures; generalgood housekeeping practices; paintingand blasting procedures; and usedbattery management.

6.Q.4.7 Comprehensive SiteCompliance Evaluation. (See also Part4.9) Conduct regularly scheduledevaluations at least once a year andaddress those areas contributing to astorm water discharge associated withindustrial activity (e.g., pressurewashing area, blasting/sanding areas,painting areas, material storage areas,engine maintenance/repair areas,material handling areas, and drydockarea). Inspect these sources for evidenceof, or the potential for, pollutantsentering the drainage system.

6.Q.5 Monitoring and ReportingRequirements. (See also Part 5)

TABLE Q–1.—SECTOR-SPECIFIC NUMERIC EFFLUENT LIMITATIONS AND BENCHMARK MONITORING





Water Transportation Facilities (SIC 4412–4499) ........... Total Recoverable Alu-minum..

Total Recoverable Iron. .....Total Recoverable Lead. ...Total Recoverable Zinc. ....

0.75 mg/L ..........................1.0 mg/L ............................0.0816 mg/L ......................0.117 mg/L ........................




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

6.R Sector R—Ship and Boat Buildingor Repair Yards

6.R.1 Covered Storm WaterDischarges

The requirements in Part 6.R apply tostorm water discharges associated withindustrial activity from Ship and BoatBuilding or Repair Yards as identifiedby the Activity Codes specified underSector R in Table 1–1 of Part 1.2.1.

6.R.2 Industrial Activities Covered bySector R

The types of activities that permitteesunder Sector R are primarily engaged inare:

6.R.2.1 Ship building and repairingand boat building and repairing 3

6.R.3 Limitations on Coverage6.R.3.1 Prohibition of Non-Storm

Water Discharges. (See also Part 1.2.3.1)Not covered by this permit: dischargescontaining bilge and ballast water,sanitary wastes, pressure wash waterand cooling water originating fromvessels.

6.R.4 Storm Water PollutionPrevention Plan (SWPPP) Requirements


6.R.4.1 Drainage Area Site Map. (Seealso Part 4.2.2.3) Identify where any ofthe following may be exposed toprecipitation/surface runoff: fueling;engine maintenance/repair; vesselmaintenance/repair; pressure washing;painting; sanding; blasting; welding;metal fabrication; loading/unloadingareas; locations used for the treatment,storage or disposal of wastes; liquidstorage tanks; liquid storage areas (e.g.,paint, solvents, resins); and materialstorage areas (e.g., blasting media,aluminum, steel, scrap iron).

6.R.4.2 Potential Pollutant Sources.(See also Part 4.2.4) Describe thefollowing additional sources andactivities that have potential pollutantsassociated with them (if applicable):outdoor manufacturing/processingactivities (e.g., welding, metalfabricating); and significant dust/particulate generating processes (e.g.,abrasive blasting, sanding, painting).

6.R.4.3 Good HousekeepingMeasures. (See also Part 4.2.7.2.1.1)

6.R.4.3.1 Pressure Washing Area. Ifpressure washing is used to removemarine growth from vessels, thedischarge water must be permitted as aprocess wastewater by a separateNPDES permit.

6.R.4.3.2 Blasting and Painting Area.Implement and describe measures toprevent spent abrasives, paint chips andover spray from discharging into thereceiving water or the storm sewersystems. Consider containing allblasting/painting activities or use othermeasures to prevent the discharge of thecontaminants (e.g., hanging plasticbarriers or tarpaulins during blasting orpainting operations to contain debris).Where necessary, regularly clean stormwater conveyances of deposits ofabrasive blasting debris and paint chips.Detail in the SWPPP any standardoperating practices relating to blasting/painting (e.g., prohibiting uncontainedblasting/painting over open water, orprohibiting blasting/painting duringwindy conditions which can rendercontainment ineffective).

6.R.4.3.3 Material Storage Areas.Store and plainly label all containerizedmaterials (e.g., fuels, paints, solvents,waste oil, antifreeze, batteries) in aprotected, secure location away fromdrains. Implement and describemeasures to prevent or minimize thecontamination of precipitation/surfacerunoff from the storage areas. Specifywhich materials are stored indoors andconsider containment or enclosure forthose stored outdoors. If abrasiveblasting is performed, discuss thestorage and disposal of spent abrasivematerials generated at the facility.Consider implementing an inventorycontrol plan to limit the presence ofpotentially hazardous materials onsite.

6.R.4.3.4 Engine Maintenance andRepair Areas. Implement and describemeasures to prevent or minimize thecontamination of precipitation/surfacerunoff from all areas used for enginemaintenance and repair. Consider thefollowing (or their equivalents):performing all maintenance activitiesindoors; maintaining an organizedinventory of materials used in the shop;draining all parts of fluid prior todisposal; prohibiting the practice ofhosing down the shop floor; using drycleanup methods; and treating and/orrecycling storm water runoff collectedfrom the maintenance area.

6.R.4.3.5 Material Handling Area.Implement and describe measures toprevent or minimize the contaminationof precipitation/surface runoff frommaterial handling operations and areas(e.g., fueling, paint and solvent mixing,disposal of process wastewater streamsfrom vessels). Consider the following (ortheir equivalents): covering fuelingareas; using spill/overflow protection;mixing paints and solvents in adesignated area (preferably indoors orunder a shed); and minimize runon ofstorm water to material handling areas.

6.R.4.3.6 Drydock Activities.Describe your procedures for routinelymaintaining/cleaning the drydock toprevent or minimize pollutants in stormwater runoff. Address the cleaning ofaccessible areas of the drydock prior toflooding, and final cleanup followingremoval of the vessel and raising thedock. Include procedures for cleaningup oil, grease or fuel spills occurring onthe drydock. Consider the following (ortheir equivalents): sweeping rather thanhosing off debris/spent blasting materialfrom accessible areas of the drydockprior to flooding, and having absorbentmaterials and oil containment boomsreadily available to contain/cleanup anyspills.

6.R.4.3.7 General Yard Area.Implement and describe a schedule forroutine yard maintenance and cleanup.Regularly remove from the general yardarea: scrap metal, wood, plastic,miscellaneous trash, paper, glass,industrial scrap, insulation, weldingrods, packaging, etc.

6.R.4.4 Preventative Maintenance.(See also Part 4.2.7.2.1.4) As part of yourpreventive maintenance program,perform timely inspection andmaintenance of storm watermanagement devices (e.g., cleaning oil/water separators and sediment traps toensure that spent abrasives, paint chipsand solids will be intercepted andretained prior to entering the stormdrainage system) as well as inspectingand testing facility equipment andsystems to uncover conditions thatcould cause breakdowns or failuresresulting in discharges of pollutants tosurface waters.

6.R.4.5 Inspections. (See also Part4.2.7.2.1.5) Include the following areasin all monthly inspections: pressurewashing area; blasting, sanding andpainting areas; material storage areas;engine maintenance/repair areas;material handling areas; drydock area;and general yard area.

6.R.4.6 Employee Training. (See alsoPart 4.2.7.2.1.6) As part of youremployee training program, address, ata minimum, the following activities (asapplicable): used oil management; spentsolvent management; disposal of spentabrasives; disposal of vesselwastewaters; spill prevention andcontrol; fueling procedures; generalgood housekeeping practices; paintingand blasting procedures; and usedbattery management.

6.R.4.7 Comprehensive SiteCompliance Evaluation. (See also Part4.9) Conduct regularly scheduledevaluations at least once a year andaddress those areas contributing to astorm water discharge associated withindustrial activity (e.g., pressure



washing area, blasting/sanding areas,painting areas, material storage areas,engine maintenance/repair areas,material handling areas, and drydockarea). They must be visually inspectedfor evidence of, or the potential for,pollutants entering the drainage system.

6.S Sector S—Air Transportation

6.S.1 Covered Storm Water Discharges

The requirements in Part 6.S apply tostorm water discharges associated withindustrial activity from AirTransportation facilities as identified bythe SIC Codes specified under Sector Sin Table 1–1 of Part 1.2.1.

6.S.2 Industrial Activities Covered bySector S

The types of activities that permitteesunder Sector S are primarily engaged inare:

6.S.2.1 Air transportation,scheduled, and air courier;

6.S.2.2 Air transportation, nonscheduled;

6.S.2.3 Airports; flying fields, exceptthose maintained by aviation clubs; andairport terminal services including: airtraffic control, except government;aircraft storage at airports; aircraftupholstery repair; airfreight handling atairports; airport hangar rental; airportleasing, if operating airport; airportterminal services; and hangaroperations.

6.S.2.4 Airport and aircraft serviceand maintenance including: aircraftcleaning and janitorial service; aircraftservicing/repairing, except on a factorybasis; vehicle maintenance shops;material handling facilities; equipmentclearing operations; and airport andaircraft deicing/anti-icing.

Note: ‘‘deicing’’ will generally be used toimply both deicing (removing frost, snow orice) and anti-icing (preventing accumulationof frost, snow or ice) activities, unlessspecific mention is made regarding anti-icingand/or deicing activities.

6.S.3 Limitations on Coverage

Only those portions of the facility thatare involved in vehicle maintenance(including vehicle rehabilitation,mechanical repairs, painting, fuelingand lubrication), equipment cleaningoperations or deicing operations areaddressed in Part 6.S.

6.S.3.1 Prohibition of Non-StormWater Discharges. (See also Part 1.2.3.1)Not covered by this permit: aircraft,ground vehicle, runway and equipmentwashwaters; and dry weather dischargesof deicing chemicals. These dischargesmust be covered by a separate NPDESpermit.

6.S.4 Special Conditions

6.S.4.1 Hazardous Substances orOil. (See also Part 3.1) Each individualpermittee is required to report spillsequal to or exceeding the reportablequantity (RQ) levels specified at 40 CFR110, 117 and 302 as described at Part3.2. If an airport authority is the solepermittee, then the sum total of all spillsat the airport must be assessed againstthe RQ. If the airport authority is a co-permittee with other deicing operatorsat the airport, such as numerousdifferent airlines, the assessed amountmust be the summation of spills by eachco-permittee. If separate, distinctindividual permittees exist at theairport, then the amount spilled by eachseparate permittee must be the assessedamount for the RQ determination.

6.S.5 Storm Water PollutionPrevention Plan (SWPPP) Requirements


(See also Part 4.1) If an airport’stenant has a SWPPP for discharges fromtheir own areas of the airport, thatSWPPP must be integrated with the planfor the entire airport. Tenants of theairport facility include air passenger orcargo companies, fixed based operatorsand other parties who have contractswith the airport authority to conductbusiness operations on airport propertyand whose operations result in stormwater discharges associated withindustrial activity.

6.S.5.1 Drainage Area Site Map. (Seealso Part 4.2.2.3) Identify where any ofthe following may be exposed toprecipitation/surface runoff: aircraft andrunway deicing operations; fuelingstations; aircraft, ground vehicle andequipment maintenance/cleaning areas;storage areas for aircraft, groundvehicles and equipment awaitingmaintenance.

6.S.5.2 Potential Pollutant Sources.(See also Part 4.2.4) Include in yourinventory of exposed materials adescription of the potential pollutantsources from the following activities:aircraft, runway, ground vehicle andequipment maintenance and cleaning;aircraft and runway deicing operations(including apron and centralized aircraftdeicing stations, runways, taxiways andramps). If you use deicing chemicals,you must maintain a record of the types(including the Material Safety DataSheets [MSDS]) used and the monthlyquantities, either as measured or, in theabsence of metering, as estimated to thebest of your knowledge. This includesall deicing chemicals, not just glycols

and urea (e.g., potassium acetate),because large quantities of these otherchemicals can still have an adverseimpact on receiving waters. Tenants orother fixed-based operations thatconduct deicing operations mustprovide the above information to theairport authority for inclusion in anycomprehensive airport SWPPPs.

6.S.5.3 Good HousekeepingMeasures. (See also 4.2.7)

6.S.5.3.1 Aircraft, Ground Vehicleand Equipment Maintenance Areas.Describe and implement measures thatprevent or minimize the contaminationof storm water runoff from all areas usedfor aircraft, ground vehicle andequipment maintenance (including themaintenance conducted on the terminalapron and in dedicated hangers).Consider the following practices (ortheir equivalents): performingmaintenance activities indoors;maintaining an organized inventory ofmaterial used in the maintenance areas;draining all parts of fluids prior todisposal; preventing the practice ofhosing down the apron or hanger floor;using dry cleanup methods; andcollecting the storm water runoff fromthe maintenance area and providingtreatment or recycling.

6.S.5.3.2 Aircraft, Ground Vehicleand Equipment Cleaning Areas. Cleanequipment only in the areas identifiedin the SWPPP and site map and clearlydemarcate these areas on the ground.Describe and implement measures thatprevent or minimize the contaminationof storm water runoff from cleaningareas.

6.S.5.3.3 Aircraft, Ground Vehicleand Equipment Storage Areas. Store allaircraft, ground vehicles and equipmentawaiting maintenance in designatedareas only. Consider the following BMPs(or their equivalents): storing aircraftand ground vehicles indoors; using drippans for the collection of fluid leaks;and perimeter drains, dikes or bermssurrounding the storage areas.

6.S.5.3.4 Material Storage Areas.Maintain the vessels of stored materials(e.g., used oils, hydraulic fluids, spentsolvents, and waste aircraft fuel) in goodcondition, to prevent or minimizecontamination of storm water. Alsoplainly label the vessels (e.g., ‘‘usedoil,’’ ‘‘Contaminated Jet A,’’ etc.).Describe and implement measures thatprevent or minimize contamination ofprecipitation/runoff from these areas.Consider the following BMPs (or theirequivalents): storing materials indoors;storing waste materials in a centralizedlocation; and installing berms/dikesaround storage areas.

6.S.5.3.5 Airport Fuel System andFueling Areas. Describe and implement



measures that prevent or minimize thedischarge of fuel to the storm sewer/surface waters resulting from fuelservicing activities or other operationsconducted in support of the airport fuelsystem. Consider the following BMPs(or their equivalents): implementingspill and overflow practices (e.g.,placing absorptive materials beneathaircraft during fueling operations); usingdry cleanup methods; and collectingstorm water runoff.

6.S.5.3.6 Source Reduction.Consider alternatives to the use of ureaand glycol-based deicing chemicals toreduce the aggregate amount of deicingchemicals used and/or lessen theenvironmental impact. Chemicaloptions to replace ethylene glycol,propylene glycol and urea include:potassium acetate; magnesium acetate;calcium acetate; anhydrous sodiumacetate.

6.S.5.3.6.1 Runway DeicingOperation: Evaluate, at a minimum,whether over-application of deicingchemicals occurs by analyzingapplication rates and adjusting asnecessary, consistent withconsiderations of flight safety. Alsoconsider these BMP options (or theirequivalents): metered application ofchemicals; pre-wetting dry chemicalconstituents prior to application;installing a runway ice detectionsystem; implementing anti-icingoperations as a preventive measureagainst ice buildup.

6.S.5.3.6.2 Aircraft DeicingOperations: As in Part 6.S.5.3.6.1,determine whether excessiveapplication of deicing chemicals occursand adjust as necessary, consistent withconsiderations of flight safety. EPA

intends for this evaluation to be carriedout by the personnel most familiar withthe particular aircraft and flightoperations in question (vice an outsideentity such as the airport authority).Consider using alternative deicing/anti-icing agents as well as containmentmeasures for all applied chemicals. Alsoconsider these BMP options (or theirequivalents) for reducing deicing fluiduse: forced-air deicing systems,computer-controlled fixed-gantrysystems, infrared technology, hot water,varying glycol content to airtemperature, enclosed-basket deicingtrucks, mechanical methods, solarradiation, hangar storage, aircraft covers,thermal blankets for MD–80s and DC–9s. Also consider using ice-detectionsystems and airport traffic flowstrategies and departure slot allocationsystems.

6.S.5.3.7 Management of Runoff.Where deicing operations occur,describe and implement a program tocontrol or manage contaminated runoffto reduce the amount of pollutants beingdischarged from the site. Consider theseBMP options (or their equivalents): adedicated deicing facility with a runoffcollection/recovery system; usingvacuum/collection trucks; storingcontaminated storm water/deicingfluids in tanks and releasing controlledamounts to a publicly owned treatmentworks; collecting contaminated runoffin a wet pond for biochemicaldecomposition (be aware of attractingwildlife that may prove hazardous toflight operations); and directing runoffinto vegetative swales or otherinfiltration measures. Also considerrecovering deicing materials when thesematerials are applied during non-

precipitation events (e.g., coveringstorm sewer inlets, using booms,installing absorptive interceptors in thedrains, etc.) to prevent these materialsfrom later becoming a source of stormwater contamination. Used deicing fluidshould be recycled whenever possible.

6.S.5.4 Inspections. (See also Part4.2.7.2.1.5) Specify the frequency ofinspections in your SWPPP. At aminimum they must be conductedmonthly during the deicing season (e.g.,October through April for most mid-latitude airports). If your facility needsto deice before or after this period,expand the monthly inspections toinclude all months during whichdeicing chemicals may be used. Also, ifsignificantly or deleteriously largequantities of deicing chemicals arebeing spilled or discharged, or if waterquality impacts have been reported,increase the frequency of yourinspections to weekly until such time asthe chemical spills/discharges orimpacts are reduced to acceptablelevels. The Director may specificallyrequire you to increase inspections andSWPPP reevaluations as necessary.

6.S.5.5 Comprehensive SiteCompliance Evaluation. (See also 4.9)

(See also Part 4.9)Using only qualified personnel,

conduct your annual site complianceevaluations during periods of actualdeicing operations, if possible. If notpracticable during active deicing or theweather is too inclement, conduct theevaluations when deicing operations arelikely to occur and the materials andequipment for deicing are in place.

6.S.6 Monitoring and ReportingRequirements. (See also Part 5)

TABLE S–1.—SECTOR-SPECIFIC NUMBERIC LIMITATIONS AND BENCHMARK MONITORING





Facilities at airports that use more than 100,000 gallonsof glycol-based deicing/anti-icing chemicals and/or100 tons or more of urea on an average annualbasis: monitor ONLY those outfalls from the airportfacility that collect runoff from areas where deicing/anti-icing activities occur (SIC 45XX).

Biochemical Oxygen De-mand (BOD5).

30 mg/L .............................Chemical Oxygen Demand

COD).

120.0mg/L.Ammonia19 mg/L.pH 6/0 to 9 s.u

1 Monitor once/quarter for the year 2 and year 4 monitoring years.

6.T Sector T—Treatment Works

6.T.1 Covered Storm WaterDischarges

The requirements in Part 6.T apply tostorm water discharges associated withindustrial activity from TreatmentWorks as identified by the Activity Code

specified under Sector T in Table 1–1 ofPart 1.2.1.

6.T.2 Industrial Activities Covered bySector T

The requirements listed under thisPart apply to all existing point source

storm water discharges associated withthe following activities:

6.T.2.1 treatment works treatingdomestic sewage or any other sewagesludge or wastewater treatment deviceor system used in the storage, treatment,recycling and reclamation of municipal



or domestic sewage; including landdedicated to the disposal of sewagesludge; that are located within theconfines of the facility with a designflow of 1.0 MGD or more; or required tohave an approved pretreatment programunder 40 CFR Part 403.

6.T.2.2 Not required to have permitcoverage: farm lands; domestic gardensor lands used for sludge managementwhere sludge is beneficially reused andwhich are not physically located withinthe facility; or areas that are incompliance with Section 405 of theCWA.

6.T.3 Limitations on Coverage

6.T.3.1 Prohibition of Non-StormWater Discharges. (See also Part 1.2.3.1)Not authorized by this permit: sanitaryand industrial wastewater; andequipment/vehicle washwater.

6.T.4 Storm Water PollutionPrevention Plan (SWPPP) Requirements


6.T.4.1 Site Map. (See also Part4.2.2.3.6) Identify where any of thefollowing may be exposed toprecipitation/surface runoff: grit,screenings and other solids handling,storage or disposal areas; sludge dryingbeds; dried sludge piles; compost piles;septage or hauled waste receivingstation; and storage areas for processchemicals, petroleum products,solvents, fertilizers, herbicides andpesticides.

6.T.4.2 Potential Pollutant Sources.(See also Part 4.2.4) Describe thefollowing additional sources andactivities that have potential pollutantsassociated with them, as applicable: grit,screenings and other solids handling,storage or disposal areas; sludge dryingbeds; dried sludge piles; compost piles;septage or hauled waste receivingstation; and access roads/rail lines.

6.T.4.3 Best Management Practices (BMPs).(See also Part 4.2.7.2) In addition to theother BMPs considered, consider thefollowing: routing storm water to thetreatment works; or covering exposedmaterials (i.e., from the following areas:grit, screenings and other solidshandling, storage or disposal areas;sludge drying beds; dried sludge piles;compost piles; septage or hauled wastereceiving station).

6.T.4.4 Inspections. (See also Part4.2.7.2.1.5) Include the following areasin all inspections: access roads/raillines; grit, screenings and other solidshandling, storage or disposal areas;sludge drying beds; dried sludge piles;

compost piles; septage or hauled wastereceiving station areas.

6.T.4.5 Employee Training. (See alsoPart 4.2.7.2.1.6) At a minimum, mustaddress the following areas whenapplicable to a facility: petroleumproduct management; process chemicalmanagement; spill prevention andcontrols; fueling procedures; generalgood housekeeping practices; properprocedures for using fertilizer,herbicides and pesticides.

6.T.4.6 Wastewater and WashwaterRequirements. (See also Part 4.4) Attachto your SWPPP a copy of all yourcurrent NPDES permits issued forwastewater, industrial, vehicle andequipment washwater discharges or, ifan NPDES permit has not yet beenissued, a copy of the pendingapplications. Address any requirements/conditions from the other permits, asappropriate, in the SWPPP. If thewashwater is handled in anothermanner, the disposal method must bedescribed and all pertinentdocumentation must be attached to theplan.

6.U Sector U—Food and KindredProducts

6.U.1 Covered Storm WaterDischarges

The requirements in Part 6.U apply tostorm water discharges associated withindustrial activity from Food andKindred Products facilities as identifiedby the SIC Codes specified in Table 1–1 of Part 1.2.1.

6.U.2 Industrial Activities Covered bySector U

The types of activities that permitteesunder Sector U are primarily engaged inare:

6.U.2.1 meat products;6.U.2.2 dairy products;6.U.2.3 canned, frozen and

preserved fruits, vegetables, and foodspecialties;

6.U.2.4 grain mill products;6.U.2.5 bakery products;6.U.2.6 sugar and confectionery

products;6.U.2.7 fats and oils;6.U.2.8 beverages;6.U.2.9 miscellaneous food

preparations and kindred products andtobacco products manufacturing.

6.U.3 Limitations on Coverage

Not covered by this permit: stormwater discharges identified under Part1.2.3 from industrial plant yards,material handling sites; refuse sites;sites used for application or disposal ofprocess wastewaters; sites used for

storage and maintenance of materialhandling equipment; sites used forresidential wastewater treatment,storage, or disposal; shipping andreceiving areas; manufacturingbuildings; and storage areas for rawmaterial and intermediate and finishedproducts. This includes areas whereindustrial activity has taken place in thepast and significant materials remain.‘‘Material handling activities’’ includethe storage, loading/unloading,transportation or conveyance of any rawmaterial, intermediate product, finishedproduct, by-product or waste product.

6.U.3.1 Prohibition of Non-StormWater Discharges. (See also Part 1.2.2.2)Not authorized by this permit:discharges subject to Part 1.2.2.2include discharges containing: boilerblowdown, cooling tower overflow andblowdown, ammonia refrigerationpurging and vehicle washing/clean-outoperations.

6.U.4 Storm Water PollutionPrevention Plan (SWPPP) Requirements


6.U.4.1 Drainage Area Site Map.(See also Part 4.2.2.3) Identify thelocations of the following activities ifthey are exposed to precipitation/runoff:vents/stacks from cooking, drying andsimilar operations; dry product vacuumtransfer lines; animal holding pens;spoiled product; and broken productcontainer storage areas.

6.U.4.2 Potential PollutantSources.(See also Part 4.2.4) Describe, inaddition to food and kindred productsprocessing-related industrial activities,application and storage of pest controlchemicals (e.g., rodenticides,insecticides, fungicides, etc.) used onplant grounds.

6.U.4.3 Inspections.(See also Part4.2.7.2.1.5) Inspect on a regular basis, ata minimum, the following areas wherethe potential for exposure to stormwater exists: loading and unloadingareas for all significant materials;storage areas including associatedcontainment areas; waste managementunits; vents and stacks emanating fromindustrial activities; spoiled productand broken product container holdingareas; animal holding pens; stagingareas; and air pollution controlequipment.

6.U.4.4 Employee Training.(See alsoPart 4.2.7.2.1.6) Address pest control inthe training program.

6.U.5 Monitoring and ReportingRequirements. (See also Part 5)



TABLE U–1. SECTOR-SPECIFIC NUMERIC EFFLUENT LIMITATIONS AND BENCHMARK MONITORING


than one Sector/Subsector)Parameter Benchmark monitoring cut-


Part or Permit Affected/Supplemental Requirements

Grain Mill Products (SIC 2041–2048) ............................. Total Suspended Solids(TSS).

100 mg/L.

Fats and Oils Products (SIC 2074–2079) ....................... Biochemical Oxygen De-mand (BOD5).

30 mg/L.


120 mg/L.

Nitrate plus Nitrate Nitro-gen.

0.68 mg/L.


100 mg/L.


6.V Sector V—Textile Mills, Appareland Other Fabric Products

6.V.1 Covered Storm WaterDischarges

The requirements in Part 6.V apply tostorm water discharges associated withindustrial activity from Textile Mills,Apparel, and Other Fabric ProductManufacturing as identified by theActivity Code specified under Sector Vin Table 1–1 of Part 1.2.1.

6.V.2 Industrial Activities Covered bySector V

The types of activities that permitteesunder Sector V are primarily engaged inare:

6.V.2.1 textile mill products, of andregarding facilities and establishmentsengaged in the preparation of fiber andsubsequent manufacturing of yarn,thread, braids, twine, and cordage, themanufacturing of broadwoven fabrics,narrow woven fabrics, knit fabrics, andcarpets and rugs from yarn;

6.V.2.2 processes involved in thedyeing and finishing of fibers, yarnfabrics, and knit apparel;

6.V.2.3 the integrated manufacturingof knit apparel and other finishedarticles of yarn;

6.V.2.4 the manufacturing of feltgoods (wool), lace goods, non-wovenfabrics, miscellaneous textiles, andother apparel products.

6.V.3 Limitations on Coverage6.V.3.1 Prohibition of Non-Storm

Water Discharges. (See also Part 1.2.3.1)Not authorized by this permit:discharges of wastewater (e.g.,wastewater resulting from wetprocessing or from any processesrelating to the production process);reused/recycled water; and waters usedin cooling towers. If you have thesetypes of discharges from your facility,you must cover them under a separateNPDES permit.

6.V.4 Storm Water PollutionPrevention Plan (SWPPP) Requirements


6.V.4.1 Potential Pollutant Sources.(See also Part 4.2.4) Describe thefollowing additional sources andactivities that have potential pollutantsassociated with them: industrial-specificsignificant materials and industrialactivities (e.g., backwinding, beaming,bleaching, backing bonding,carbonizing, carding, cut and sewoperations, desizing , drawing, dyeinglocking, fulling, knitting, mercerizing,opening, packing, plying, scouring,slashing, spinning, synthetic-feltprocessing, textile waste processing,tufting, turning, weaving, web forming,winging, yarn spinning, and yarntexturing).

6.V.4.2 Good HousekeepingMeasures. (See also Part 4.2.7.2.1.1)

6.V.4.2.1 Material Storage Area.Plainly label and store all containerizedmaterials (e.g., fuels, petroleumproducts, solvents, dyes, etc.) in aprotected area, away from drains.Describe and implement measures thatprevent or minimize contamination ofthe storm water runoff from such storageareas, including a description of thecontainment area or enclosure for thosematerials stored outdoors. Also consideran inventory control plan to preventexcessive purchasing of potentiallyhazardous substances. For storing emptychemical drums/containers, ensure thedrums/containers are clean (considertriple-rinsing) and there is no contact ofresiduals with precipitation/runoff.Collect and dispose of washwater fromthese cleanings properly.

6.V.4.2.2 Material Handling Area.Describe and implement measures thatprevent or minimize contamination ofstorm water runoff from materialhandling operations and areas. Consider

the following (or their equivalents): useof spill/overflow protection; coveringfueling areas; and covering/enclosingareas where the transfer of material mayoccur. Where applicable address thereplacement or repair of leakingconnections, valves, transfer lines andpipes that may carry chemicals, dyes orwastewater.

6.V.4.2.3 Fueling Areas. Describeand implement measures that prevent orminimize contamination of storm waterrunoff from fueling areas. Consider thefollowing (or their equivalents):covering the fueling area, using spilland overflow protection, minimizingrunon of storm water to the fuelingareas, using dry cleanup methods, andtreating and/or recycling storm waterrunoff collected from the fueling area.

6.V.4.2.4 Above Ground StorageTank Area. Describe and implementmeasures that prevent or minimizecontamination of the storm water runofffrom above ground storage tank areas,including the associated piping andvalves. Consider the following (or theirequivalents): regular cleanup of theseareas; preparation of the spillprevention control and countermeasureprogram, provide spill and overflowprotection; minimizing runoff of stormwater from adjacent areas; restrictingaccess to the area; insertion of filters inadjacent catch basins; providingabsorbent booms in unbermed fuelingareas; using dry cleanup methods; andpermanently sealing drains withincritical areas that may discharge to astorm drain.

6.V.4.3 Inspections. (See also Part4.2.7.2.1.5) Inspect, at least on amonthly basis, the following activitiesand areas (at a minimum): transfer andtransmission lines; spill prevention;good housekeeping practices;management of process waste products;all structural and non structuralmanagement practices.



6.V.4.4 Employee Training. (See alsoPart 4.2.7.2.1.6) As part of youremployee training program, address, ata minimum, the following activities (asapplicable): use of reused/recyclingwaters; solvents management; properdisposal of dyes; proper disposal ofpetroleum products and spentlubricants; spill prevention and control;fueling procedures; and general goodhousekeeping practices.

6.V.4.5 Comprehensive SiteCompliance Evaluation. (See also Part4.9) Conduct regularly scheduledevaluations at least once a year andaddress those areas contributing to astorm water discharge associated withindustrial activity for evidence of, or thepotential for, pollutants entering thedrainage system. Inspect, at a minimum,as appropriate: storage tank areas; wastedisposal and storage areas; dumpstersand open containers stored outside;materials storage areas; enginemaintenance and repair areas; materialhanding areas and loading dock areas.

6.W Sector W—Furniture andFixtures

6.W.1 Covered Storm WaterDischarges

The requirements in Part 6.W apply tostorm water discharges associated withindustrial activity from Furniture andFixtures facilities as identified by theActivity Code specified under Sector Win Table 1–1 of Part 1.2.1.

6.W.2 Industrial Activities Covered bySector W

The types of activities that permitteesunder Sector W are primarily engaged inthe manufacturing of:

6.W.2.1 wood kitchen cabinets;6.W.2.2 household furniture;6.W.2.3 office furniture;6.W.2.4 public buildings and related

furniture;6.W.2.5 partitions, shelving, lockers,

and office and store fixtures;6.W.2.6 miscellaneous furniture and

fixtures.

6.W.3 Storm Water PollutionPrevention Plan (SWPPP) Requirements


6.W.3.1 Drainage Area Site Map.(See also Part 4.2.2.3) Identify whereany of the following may be exposed toprecipitation/surface runoff: materialstorage (including tanks or other vesselsused for liquid or waste storage) areas;outdoor material processing areas; areaswhere wastes are treated, stored ordisposed; access roads; and rail spurs.

6.X Sector X—Printing and Publishing

6.X.1 Covered Storm WaterDischarges

The requirements in Part 6.X apply tostorm water discharges associated withindustrial activity from Printing andPublishing facilities as identified by theActivity Code specified under Sector Xin Table 1.1 of Part 1.2.1.

6.X.2 Industrial Activities Covered bySector X

The types of activities that permitteesunder Sector X are primarily engaged inare:

6.X.2.1 book printing;6.X.2.2 commercial printing and

lithographics;6.X.2.3 plate making and related

services;6.X.2.4 commercial printing,

gravure;6.X.2.5 commercial printing not

elsewhere classified.

6.X.3 Storm Water PollutionPrevention Plan Requirements


6.X.3.1 Drainage Area Site Map.(See also Part 4.2.2.3) Identify whereany of the following may be exposed toprecipitation/surface runoff: aboveground storage tanks, drums and barrelpermanently stored outside.

6.X.3.2 Potential Pollutant Sources.(See also Part 4.2.4) Describe thefollowing additional sources andactivities that have potential pollutantsassociated with them, as applicable:loading and unloading operations;outdoor storage activities; significantdust or particulate generating processes;and onsite waste disposal practices (e.g.,blanket wash). Also identify thepollutant or pollutant parameter (e.g.,oil and grease, scrap metal, etc.)associated with each pollutant source.

6.X.3.3 Good HousekeepingMeasures. (See also Part 4.2.7.2.1.1)

6.X.3.3.1 Material Storage Areas.Plainly label and store all containerizedmaterials (e.g., skids, pallets, solvents,bulk inks, and hazardous waste, emptydrums, portable/mobile containers ofplant debris, wood crates, steel racks,fuel oil, etc.) in a protected area, awayfrom drains. Describe and implementmeasures that prevent or minimizecontamination of the storm water runofffrom such storage areas, including adescription of the containment area orenclosure for those materials storedoutdoors. Also consider an inventorycontrol plan to prevent excessivepurchasing of potentially hazardoussubstances.

6.X.3.3.2 Material Handling Area.Describe and implement measures thatprevent or minimize contamination ofstorm water runoff from materialhandling operations and areas (e.g.,blanket wash, mixing solvents, loading/unloading materials). Consider thefollowing (or their equivalents): use ofspill/overflow protection; coveringfueling areas; and covering/enclosingareas where the transfer of materialsmay occur. Where applicable addressthe replacement or repair of leakingconnections, valves, transfer lines andpipes that may carry chemicals orwastewater.

6.X.3.3.3 Fueling Areas. Describeand implement measures that prevent orminimize contamination of storm waterrunoff from fueling areas. Consider thefollowing (or their equivalents):covering the fueling area, using spilland overflow protection, minimizingrunoff of storm water to the fuelingareas, using dry cleanup methods, andtreating and/or recycling storm waterrunoff collected from the fueling area.

6.X.3.3.4 Above Ground StorageTank Area. Describe and implementmeasures that prevent or minimizecontamination of the storm water runofffrom above ground storage tank areas,including the associated piping andvalves. Consider the following (or theirequivalents): regular cleanup of theseareas; preparation of the spillprevention control and countermeasureprogram, provide spill and overflowprotection; minimizing runoff of stormwater from adjacent areas; restrictingaccess to the area; insertion of filters inadjacent catch basins; providingabsorbent booms in unbermed fuelingareas; using dry cleanup methods; andpermanently sealing drains withincritical areas that may discharge to astorm drain.

6.X.3.4 Employee Training. (See alsoPart 4.2.7.2.1.6) As part of youremployee training program, address, ata minimum, the following activities (asapplicable): spent solvent management;spill prevention and control; used oilmanagement; fueling procedures; andgeneral good housekeeping practices.

6.Y Sector Y—Rubber, MiscellaneousPlastic Products and MiscellaneousManufacturing Industries

6.Y.1 Covered Storm WaterDischarges

The requirements in Part 6.Y apply tostorm water discharges associated withindustrial activity from Rubber,Miscellaneous Plastic Products andMiscellaneous Manufacturing Industriesfacilities as identified by the Activity



Code specified under Sector Y in Table1–1 of Part 1.2.1.

6.Y.2 Storm Water PollutionPrevention Plan (SWPPP) Requirements


6.Y.2.1 Potential Pollutant Sources.(See also Part 4.2.4) Review the use ofzinc at your facility and the possiblepathways through which zinc may bedischarged in storm water runoff.

6.Y.2.2 Controls for RubberManufacturers. (See also Part 4.2.7)Describe and implement specificcontrols to minimize the discharge ofzinc in your storm water discharges.Parts 6.Y.2.2.1 to 6.Y.2.2.5 give possiblesources of zinc to be reviewed and listsome specific BMPs to be considered forimplementation (or their equivalents).Some general BMP options to consider:using chemicals which are purchased inpre-weighed, sealed polyethylene bags;storing materials which are in use in

sealable containers; ensuring anairspace between the container and thecover to minimize ‘‘puffing’’ losseswhen the container is opened; and usingautomatic dispensing and weighingequipment.

6.Y.2.2.1 Inadequate Housekeeping.Review the handling and storage of zincbags at your facility. BMP options:employee training on the handling/storage of zinc bags; indoor storage ofzinc bags; cleanup zinc spills withoutwashing the zinc into the storm drain,and the use of 2,500-pound sacks of zincrather than 50- to 100-pound sacks;

6.Y.2.2.2 Dumpsters. Reducedischarges of zinc from dumpsters. BMPoptions: covering the dumpster; movingthe dumpster indoors; or provide alining for the dumpster.

6.Y.2.2.3 Malfunctioning DustCollectors or Baghouses: Review dustcollectors/baghouses as possible sourcesin zinc in storm water runoff. Replaceor repair, as appropriate, improperlyoperating dust collectors/baghouses.

6.Y.2.2.4 Grinding Operations.Review dust generation from rubber

grinding operations and, as appropriate,install a dust collection system.

6.Y.2.2.5 Zinc Stearate CoatingOperations. Detail appropriate measuresto prevent or clean up drips/spills ofzinc stearate slurry that may be releasedto the storm drain. BMP option: usingalternate compounds to zinc stearate.

6.Y.2.3 Controls for Plastic ProductsManufacturers. Describe and implementspecific controls to minimize thedischarge of plastic resin pellets in yourstorm water discharges. BMPs to beconsidered for implementation (or theirequivalents): minimizing spills;cleaning up of spills promptly andthoroughly; sweeping thoroughly; pelletcapturing; employee education anddisposal precautions.

6.Y.3 Monitoring and ReportingRequirements. (See also Part 5)

TABLE Y–1.—SECTOR-SPECIFIC NUMERIC EFFLUENT LIMITATIONS AND BENCHMARK MONITORING

Subsector Parameter Benchmark monitoring cut-off concentration Numeric limitations


Tires and Inner Tubes; Rubber Footwear; Gaskets,Packing and Sealing Devices; Rubber Hose and Belt-ing; and Fabricated Rubber Products, Not ElsewhereClassified (SIC 3011–3069, rubber.

Total Recoverable Zinc ..... 0.117 mg/L


6.Z Sector Z—Leather Tanning andFinishing

6.Z.1 Covered Storm WaterDischarges

The requirements in Part 6.Z apply tostorm water discharges associated withindustrial activity from Leather Tanningand Finishing facilities as identified bythe Activity Code specified under SectorZ in Table 1–1 of Part 1.2.1.

6.Z.2 Industrial Activities Covered bySector Z

The types of activities that permitteesunder Sector Z are primarily engagedare leather tanning, curry and finishing;

6.Z.3 Storm Water PollutionPrevention Plan (SWPPP) Requirements


6.Z.3.1 Drainage Area Site Map. (Seealso Part 4.2.2.3) Identify where any ofthe following may be exposed toprecipitation/surface runoff: processingand storage areas of the beamhouse,tanyard, and re-tan wet finishing and

dry finishing operations; and haulroads, access roads and rail spurs.

6.Z.3.2 Potential Pollutant Sources.(See also Part 4.2.4) At a minimum,describe the following additionalsources and activities that havepotential pollutants associated withthem (as appropriate): temporary orpermanent storage of fresh and brinecured hides; extraneous hide substancesand hair; leather dust, scraps, trimmingsand shavings; chemical drums, bags,containers and above ground tanks;empty chemical containers and bags;spent solvents; floor sweepings/washings; refuse, waste piles andsludge; and significant dust/particulategenerating processes (e.g., buffing).

6.Z.3.3 Good HousekeepingMeasures. (See also Part 4.2.7.2.1.1)

6.Z.3.3.1 Storage Areas for Raw,Semiprocessed or Finished TanneryByproducts. Pallets/bales of raw,semiprocessed or finished tannerybyproducts (e.g., splits, trimmings,shavings, etc.) should be stored indoorsor protected by polyethylene wrapping,tarpaulins, roofed storage, etc. Considerplacing materials on an impermeable

surface, and enclosing or putting berms(or equivalent measures) around thearea to prevent storm water runon/runoff.

6.Z.3.3.2 Material Storage Areas.Label storage containers of all materials(e.g., specific chemicals, hazardousmaterials, spent solvents, wastematerials). Describe and implementmeasures that prevent/minimize contactwith storm water.

6.Z.3.3.3 Buffing and Shaving Areas.Describe and implement measures thatprevent or minimize contamination ofstorm water runoff with leather dustfrom buffing/shaving areas. Considerdust collection enclosures, preventiveinspection/maintenance programs orother appropriate preventive measures.

6.Z.3.3.4 Receiving, Unloading, andStorage Areas. Describe and implementmeasures that prevent or minimizecontamination of storm water runofffrom receiving, unloading, and storageareas. If these areas are exposed,consider (or their equivalent): Coveringall hides and chemical supplies;diverting drainage to the process sewer;



or grade berming/curbing area toprevent runoff of storm water.

6.Z.3.3.5 Outdoor Storage ofContaminated Equipment. Describe andimplement measures that prevent orminimize contact of storm water withcontaminated equipment. Consider (ortheir equivalent): Covering equipment;diverting drainage to the process sewer;and cleaning thoroughly prior tostorage.

6.Z.3.3.6 Waste Management.Describe and implement measures thatprevent or minimize contamination ofstorm water runoff from waste storageareas. Consider (or their equivalent):Inspection/maintenance programs forleaking containers or spills; coveringdumpsters; moving waste managementactivities indoors; covering waste pileswith temporary covering material suchas tarpaulins or polyethylene; andminimizing storm water runoff byenclosing the area or building bermsaround the area.

6.AA Sector AA—Fabricated MetalProducts

6.AA.1 Covered Storm WaterDischarges

The requirements in Part 6.AA applyto storm water discharges associatedwith industrial activity from FabricatedMetal Products facilities as identified bythe Activity Code specified under SectorAA in Table 1–1 of Part 1.2.1.

6.AA.2 Industrial Activities Coveredby Sector AA

The types of activities that permitteesunder Sector AA are primarily engagedin are:

6.AA.2.1 Fabricated metal products;except for electrical related industries;

6.AA.2.2 Fabricated metal products;except machinery and transportationequipment;

6.AA.2.3 Jewelry, silverware, andplated ware.

6.AA.3 Storm Water PollutionPrevention Plan (SWPPP) Requirements


6.AA.3.1 Drainage Area Site Map.(See also Part 4.2.2.3) Identify whereany of the following may be exposed toprecipitation/surface runoff: Raw metalstorage areas; finished metal storageareas; scrap disposal collection sites;equipment storage areas; retention anddetention basins; temporary/permanentdiversion dikes or berms; right-of-way

or perimeter diversion devices;sediment traps/barriers; processingareas including outside painting areas;wood preparation; recycling; and rawmaterial storage.

6.AA.3.2 Spills and Leaks. (See alsoPart 4.2.5) When listing significantspills/leaks, pay attention to thefollowing materials at a minimum:Chromium, toluene, pickle liquor,sulfuric acid, zinc and other waterpriority chemicals and hazardouschemicals and wastes.

6.AA.3.3 Potential PollutantSources. (See also Part 4.2.4) Describethe following additional sources andactivities that have potential pollutantsassociated with them: Loading andunloading operations for paints,chemicals and raw materials; outdoorstorage activities for raw materials,paints, empty containers, corn cob,chemicals, and scrap metals; outdoormanufacturing or processing activitiessuch as grinding, cutting, degreasing,buffing, brazing, etc; onsite wastedisposal practices for spent solvents,sludge, pickling baths, shavings, ingotspieces, refuse and waste piles.

6.AA.3.4 Good HousekeepingMeasures. (See also Part 4.2.7.2.1.1)

6.AA.3.4.1 Raw Steel HandlingStorage. Describe and implementmeasures controlling or recovering scrapmetals, fines and iron dust. Includemeasures for containing materialswithin storage handling areas.

6.AA.3.4.2 Paints and PaintingEquipment. Describe and implementmeasures to prevent or minimizeexposure of paint and paintingequipment to storm water.

6.AA.3.5 Spill Prevention andResponse Procedures. (See also Part4.2.7.2.1.4) Ensure the necessaryequipment to implement a clean up isavailable to personnel. The followingareas should be addressed:

6.AA.3.5.1 Metal Fabricating Areas.Describe and implement measures formaintaining clean, dry, orderlyconditions in these areas. Consider theuse of dry clean-up techniques.

6.AA.3.5.2 Storage Areas for RawMetal. Describe and implementmeasures to keep these areas free ofcondition that could cause spills orleakage of materials. Consider thefollowing (or their equivalents):maintaining storage areas such thatthere is easy access in the event of aspill; and labeling stored materials toaid in identifying spill contents.

6.AA.3.5.3 Receiving, Unloading,and Storage Areas. Describe and

implement measures to prevent spillsand leaks; plan for quick remedial cleanup; and instruct employees on clean-uptechniques and procedures.

6.AA.3.5.4 Storage of Equipment.Describe and implement measures forpreparing equipment for storage and theproper storage of equipment. Considerthe following (or their equivalents):protecting with covers; storing indoors;and cleaning potential pollutants fromequipment to be stored outdoors.

6.AA.3.5.5 Metal Working FluidStorage Areas. Describe and implementmeasures for storage of metal workingfluids.

6.AA.3.5.6 Cleaners and RinseWater. Describe and implementmeasures: to control/cleanup spills ofsolvents and other liquid cleaners;control sand buildup and disbursementfrom sand-blasting operations; andprevent exposure of recyclable wastes.Substitute environmentally-benigncleaners when possible.

6.AA.3.5.7 Lubricating Oil andHydraulic Fluid Operations. Considerusing monitoring equipment or otherdevices to detect and control leaks/overflows. Consider installing perimetercontrols such as dikes, curbs, grass filterstrips or other equivalent measures.

6.AA.3.5.8 Chemical Storage Areas.Describe and implement proper storagemethods that prevent storm watercontamination and accidental spillage.Include a program to inspect containersand identify proper disposal methods.

6.AA.3.6 Inspections. (See also Part4.2.7.2.1.5) Include, at a minimum, thefollowing areas in all inspections: rawmetal storage areas; finished productstorage areas; material and chemicalstorage areas; recycling areas; loadingand unloading areas; equipment storageareas; paint areas; vehicle fueling andmaintenance areas.

6.AA.3.7 Comprehensive SiteCompliance Evaluation. (See also Part4.9.2) As part of your evaluation, alsoinspect: areas associated with thestorage of raw metals; storage of spentsolvents and chemicals; outdoor paintareas; and drainage from roof. Potentialpollutants include chromium, zinc,lubricating oil, solvents, aluminum, oiland grease, methyl ethyl ketone, steeland other related materials.

6.AA.4 Monitoring and ReportingRequirements

(See also Part 5)



TABLE AA–1.—SECTOR-SPECIFIC NUMERIC LIMITATIONS AND BENCHMARK MONITORING


than one sector/subsector)Parameter Benchmark, monitoring,

cutoff, concentration1 Numeric limitation


Fabricated Metal Products Except Coating (SIC 3411–3471, 3482–3499, 3911–3915).


0.75 mg/L.

Total Recoverable Iron ...... 1.0 mg/L.Total Recoverable Zinc ..... 0.117 mg/L.Nitrate plus Nitrite Nitrogen 0.68 mg/L.

Fabricated Metal Coating and Engraving (SIC 3479) ..... Total Recoverable Zinc ..... 0.117 mg/L.Nitrate plus Nitrite Nitrogen 0.68 mg/L.

1 Monitor once/quarter for the year 2 and year 4 Monitoring Years

6.AB Sector AB—TransportationEquipment, Industrial or CommercialMachinery

6.AB.1 Covered Storm WaterDischarges

The requirements in Part 6.AB applyto storm water discharges associatedwith industrial activity fromTransportation Equipment, Industrial orCommercial Machinery facilities asidentified by the Activity Code specifiedunder Sector AB in Table 1–1 of Part1.2.1.

6.AB.2 Industrial Activities Coveredby Sector AB

The types of activities that permitteesunder Sector AB are primarily engagedin are:

6.AB.2.1 Industrial and CommercialMachinery (except Computer and OfficeEquipment) (see Sector AC); and

6.AB.2.2 Transportation Equipment(except Ship and Boat Building andRepairing) (see Sector R).

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


6.AB.3.1 Drainage Area Site Map.(See also Part 4.2.2.3) Identify whereany of the following may be exposed toprecipitation/surface runoff: vents andstacks from metal processing andsimilar operations.

6.AB.3.2 Non-Storm WaterDischarges. (See also Part 4.4) If yourfacility has a separate NPDES permit (orhas applied for a permit) authorizingdischarges of wastewater, attach a copyof the permit (or the application) to yourSWPPP. Any new wastewater permitsissued/reissued to you must thenreplace the old one in your SWPPP. Ifyou discharge wastewater, other thansolely domestic wastewater, to aPublicly Owned Treatment Works(POTW), you must notify the POTW ofthe discharge (identify the types of

wastewater discharged, including anystorm water). As proof of thisnotification, attach to your SWPPP acopy of the permit issued to yourfacility by the POTW or a copy of yournotification to the POTW.

6.AC Sector AC—Electronic, ElectricalEquipment and Components,Photographic and Optical Goods

6.AC.1 Covered Storm WaterDischarges

The requirements in Part 6.AC applyto storm water discharges associatedwith industrial activity from facilitiesthat manufacture Electronic, ElectricalEquipment and Components,Photographic and Optical Goods asidentified by the SIC Codes specified inTable 1–1 of Part 1.2.1.

6.AC.2 Industrial Activities Coveredby Sector AC

The types of manufacturing activitiesthat permittees under Sector AC areprimarily engaged in are:

6.AC.2.1 Measuring, analyzing, andcontrolling instruments;

6.AC.2.2 Photographic, medical andoptical goods;

6.AC.2.3 Watches and clocks; and6.AC.2.4 Computer and office

equipment.

6.AC.3 Additional Requirements

No additional sector-specificrequirements apply to this sector.

6.AD Storm Water DischargesDesignated by the Director as RequiringPermits

6.AD.1 Covered Storm WaterDischarges

Sector AD is used to provide permitcoverage for facilities designated by theDirector as needing a storm waterpermit, or any discharges of industrialactivity that do not meet the descriptionof an industrial activity covered bySectors A–AC. Therefore, almost anytype of storm water discharge could becovered under this sector. You must be

assigned to Sector AD by the Directorand may NOT choose sector AD as thesector describing your activities on yourown.

6.AD.1.1 Eligibility for PermitCoverage. Because this Sector onlycovers discharges designated by theDirector as needing a storm waterpermit (which is an atypicalcircumstance) or your facility’sindustrial activities were inadvertentlyleft out of Sectors A–AC, and yourfacility may or may not normally bedischarging storm water associated withindustrial activity, you must obtain theDirector’s written permission to use thispermit prior to submitting a Notice ofIntent. If you are authorized to use thispermit, you will be required to ensureyour discharges meet the basiceligibility provisions of this permit atPart 1.2.

6.AD.2 Storm Water PollutionPrevention Plan (SWPPP) Requirements

The Director will establish anyadditional Storm Water PollutionPrevention Plan requirements for yourfacility at the time of accepting yourNotice of Intent to be covered by thispermit. Additional requirements wouldbe based on the nature of activities atyour facility and your storm waterdischarges.

6.AD.3 Monitoring and ReportingRequirements

The Director will establish anyadditional monitoring and reportingrequirements for your facility at the timeof accepting your Notice of Intent to becovered by this permit. Additionalrequirements would be based on thenature of activities at your facility andyour storm water discharges.

7. Reporting

7.1 Reporting Results of MonitoringDepending on the types of monitoring

required for your facility, you may haveto submit the results of your monitoringor you may only have to keep the results



with your Storm Water PollutionPrevention Plan. You must follow thereporting requirements and deadlines inTable 7–1 that apply to the types ofmonitoring that apply to your facility.

If required by the conditions of thepermit that apply to your facility, youmust submit analytical monitoringresults obtained from each outfallassociated with industrial activity (or acertification as per 5.3.1) on a Discharge

Monitoring Report (DMR) form (oneform must be submitted for each stormevent sampled). An example of a formis found in the Guidance Manual for theMonitoring and Reporting Requirementsof the NPDES Storm Water Multi-SectorGeneral Permit. A copy of the DMR isalso available on the Internet at http://www.epa.gov/owm/sw/permits-and-forms/index.htm. The signed DMR must

be sent to: MSGP DMR (4203), US EPA,1200 Pennsylvania Avenue NW.,Washington, DC 20460.

Note: If EPA notifies dischargers (eitherdirectly, by public notice or by makinginformation available on the Internet) ofother DMR form options that becomeavailable at a later date (e.g., electronicsubmission of forms), you may takeadvantage of those options to satisfy the DMRuse and submission requirements of Part 7.

TABLE 7–1.—DMR/ALTERNATIVE CERTIFICATION SUBMISSION DEADLINES

Type of monitoring Reporting deadline (postmark)

Monitoring for Numeric Limitation ....................... Submit results by the 28th day of the month following the monitoring period.Benchmark Monitoring:

Monitoring Year 2001–2002 ........................ Save and submit all results for year in one package by January 28, 2003.Monitoring Year 2003–2004 ........................ Save and submit all results for year in one package by January 28, 2005.

Biannual Monitoring for Metal Mining Facilities(see Part 6.G).

Save and submit all results for year in one package by January 28 of the year following themonitoring year.

Visual Monitoring ................................................ Retain results with SWPPP—do not submit unless requested to do so by Permitting Authority.State/Tribal/Territory—Specific Monitoring ......... See Part 13 (conditions for specific States, Indian country, and Territories).

7.2 Additional Reporting forDischargers to a Large or MediumMunicipal Separate Storm SewerSystem

If you discharge storm waterdischarge associated with industrialactivity through a large or mediummunicipal separate storm sewer system(systems serving a population of100,000 or more), you must also submitsigned copies of your dischargemonitoring reports to the operator of themunicipal separate storm sewer systemin accordance with the dates providedin Table 7–1.

7.3 Miscellaneous Reports

You must submit any other reportsrequired by this permit to the Directorof the NPDES program at the address ofthe appropriate Regional Office listed inPart 8.3.

8. Retention of Records

8.1 Documents

In addition to the requirements of Part9.16.2, you must retain copies of StormWater Pollution Prevention Plans andall reports and certifications required bythis permit, and records of all data usedto complete the Notice of Intent to becovered by this permit, for a period ofat least three years from the date that thefacility’s coverage under this permitexpires or is terminated. This periodmay be extended by request of theDirector at any time.

8.2 Accessibility

You must retain a copy of the StormWater Pollution Prevention Planrequired by this permit (including acopy of the permit language) at the

facility (or other local locationaccessible to the Director, a State, Tribalor Territorial agency with jurisdictionover water quality protection; localgovernment officials; or the operator ofa municipal separate storm sewerreceiving discharges from the site) fromthe date of permit coverage to the dateof permit coverage ceases. You mustmake a copy of your Storm WaterPollution Prevention Plan available tothe public if requested to do so inwriting.

8.3 Addresses

Except for the submittal of NOIs andNOTs (see Parts 2.1 and 11.2,respectively), all writtencorrespondence concerning dischargesin any State, Indian country land,Territory, or from any Federal facilitycovered under this permit and directedto the EPA, including the submittal ofindividual permit applications, must besent to the address of the appropriateEPA Regional Office listed below:

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

EPA Region 1, Office of EcosystemProtection, One Congress Street—CMU,Boston, MA 02114.

8.3.2 Region 2: NJ, NY, PR, VI

United States EPA, Region 2,Caribbean Environmental ProtectionDivision, Environmental ManagementBranch, Centro Europa Building, 1492Ponce de Leon Ave., Suite 417, SanJuan, PR 00907–4127.

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

EPA Region 3, Water ProtectionDivision (3WP13), Storm WaterCoordinator, 1650 Arch Street,Philadelphia, PA 19103.

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

Environmental Protection Agency,Region 4, Clean Water Act EnforcementSection, Water Programs EnforcementBranch, Water Management Division,Atlanta Federal Center, 61 ForsythStreet, SW., Atlanta, GA 30303.

8.3.5 Region 5: IL, IN, MI, MN, OH,WI

(Coverage Not Available Under ThisPermit.)

8.3.6 Region 6: AR, LA, OK, TX, NM(Except see Region 9 for Navajo lands,

and see Region 8 for Ute MountainReservation lands)

United States EPA, Region 6, StormWater Staff, Enforcement andCompliance Assurance Division (GEN–WC), EPA SW MSGP, P.O. Box 50625,Dallas, TX 75205.

8.3.7 Region 7:(Coverage Not Available Under This

Permit.)

8.3.8 Region 8: CO, MT, ND, SD, WY,UT

(Except see Region 9 for GoshuteReservation and Navajo Reservationlands), the Ute Mountain Reservation inNM, and the Pine Ridge Reservation inNE

United States EPA, Region 8,Ecosystems Protection Program (8EPR–



EP), Storm Water Staff, 999 18th Street,Suite 300, Denver, CO 80202–2466.

8.3.9 Region 9: AZ, CA, HI, NV,Guam, American Samoa, theCommonwealth of the NorthernMariana Islands, the GoshuteReservation in UT and NV, the NavajoReservation in UT, NM, and AZ, theDuck Valley Reservation in ID, FortMcDermitt Reservation in OR

United States EPA, Region 9, WaterManagement Division, WTR–5, StormWater Staff, 75 Hawthorne Street, SanFrancisco, CA 94105.

8.3.10 Region 10: ID, WA, OR

(Except see Region 9 for FortMcDermitt Reservation.)

United States EPA, Region 10, Officeof Water OW–130, 1200 6th Avenue,Seattle, WA 98101.

8.4 State, Tribal, and Other Agencies

See Part 13 for addresses of States orTribes that require submission ofinformation to their agencies.

9. Standard Permit Conditions

9.1 Duty To Comply

9.1.1 You must comply with allconditions of this permit. Any permitnoncompliance constitutes a violationof CWA and is grounds for enforcementaction; for permit termination,revocation and reissuance, ormodification; or for denial of a permitrenewal application.

9.1.2 Penalties for Violations ofPermit Conditions: The Director willadjust the civil and administrativepenalties listed below in accordancewith the Civil Monetary PenaltyInflation Adjustment Rule (FederalRegister: December 31, 1996, Volume61, Number 252, pages 69359–69366, ascorrected, March 20, 1997, Volume 62,Number 54, pages 13514–13517) asmandated by the Debt CollectionImprovement Act of 1996 for inflationon a periodic basis. This rule allowsEPA’s penalties to keep pace withinflation. The Agency is required toreview its penalties at least once everyfour years thereafter and to adjust themas necessary for inflation according to aspecified formula. The civil andadministrative penalties listed belowwere adjusted for inflation starting in1996.

9.1.2.1 Criminal Penalties.9.1.2.1.1 Negligent Violations.The CWA provides that any person

who negligently violates permitconditions implementing sections 301,302, 306, 307, 308, 318, or 405 of theAct is subject to a fine of not less than$2,500 nor more than $25,000 per day

of violation, or by imprisonment for notmore than 1 year, or both.

9.1.2.1.2 Knowing Violations. TheCWA provides that any person whoknowingly violates permit conditionsimplementing sections 301, 302, 306,307, 308, 318, or 405 of the Act issubject to a fine of not less than $5,000nor more than $50,000 per day ofviolation, or by imprisonment for notmore than 3 years, or both.

9.1.2.1.3 Knowing Endangerment.The CWA provides that any person whoknowingly violates permit conditionsimplementing sections 301, 302, 306,307, 308, 318, or 405 of the Act and whoknows at that time that he is placinganother person in imminent danger ofdeath or serious bodily injury is subjectto a fine of not more than $250,000, orby imprisonment for not more than 15years, or both.

9.1.2.1.4 False Statement. The CWAprovides that any person whoknowingly makes any false materialstatement, representation, orcertification in any application, record,report, plan, or other document filed orrequired to be maintained under the Actor who knowingly falsifies, tamperswith, or renders inaccurate, anymonitoring device or method requiredto be maintained under the Act, shallupon conviction, be punished by a fineof not more than $10,000 or byimprisonment for not more than twoyears, or by both. If a conviction is fora violation committed after a firstconviction of such person under thisparagraph, punishment shall be by afine of not more than $20,000 per dayof violation, or by imprisonment of notmore than 4 years, or by both. (Seesection 309(c)(4) of the Clean WaterAct.)

9.1.2.2 Civil Penalties. The CWAprovides that any person who violates apermit condition implementing sections301, 302, 306, 307, 308, 318, or 405 ofthe Act is subject to a civil penalty notto exceed $27,500 per day for eachviolation.

9.1.2.3 Administrative Penalties.The CWA provides that any person whoviolates a permit conditionimplementing sections 301, 302, 306,307, 308, 318, or 405 of the Act issubject to an administrative penalty, asfollows:

9.1.2.3.1 Class I Penalty. Not toexceed $11,000 per violation nor shallthe maximum amount exceed $27,500.

9.1.2.3.2 Class II Penalty. Not toexceed $11,000 per day for each dayduring which the violation continuesnor shall the maximum amount exceed$137,500.

9.2 Continuation of the ExpiredGeneral Permit

If this permit is not reissued orreplaced prior to the expiration date, itwill be administratively continued inaccordance with the AdministrativeProcedures Act and remain in force andeffect. Any permittee who was grantedpermit coverage prior to the expirationdate will automatically remain coveredby the continued permit until the earlierof:

9.2.1 Reissuance or replacement ofthis permit, at which time you mustcomply with the Notice of Intentconditions of the new permit tomaintain authorization to discharge; or

9.2.2 Your submittal of a Notice ofTermination; or

9.2.3 Issuance of an individualpermit for your discharges; or

9.2.4 A formal permit decision bythe Director not to reissue this generalpermit, at which time you must seekcoverage under an alternative generalpermit or an individual permit.

9.3 Need To Halt or Reduce ActivityNot a Defense

It shall not be a defense for apermittee in an enforcement action thatit would have been necessary to halt orreduce the permitted activity in order tomaintain compliance with theconditions of this permit.

9.4 Duty To MitigateYou must take all reasonable steps to

minimize or prevent any discharge inviolation of this permit which has areasonable likelihood of adverselyaffecting human health or theenvironment.

9.5 Duty To Provide InformationYou must furnish to the Director or an

authorized representative of the Directorany information which is requested todetermine compliance with this permitor other information.

9.6 Other InformationIf you become aware that you have

failed to submit any relevant facts orsubmitted incorrect information in theNotice of Intent or in any other reportto the Director, you must promptlysubmit such facts or information.

9.7 Signatory RequirementsAll Notices of Intent, Notices of

Termination, Storm Water PollutionPrevention Plans, reports, certificationsor information either submitted to theDirector or the operator of a large ormedium municipal separate stormsewer system, or that this permitrequires be maintained by you, must besigned as follows:



9.7.1 All notices of intent andnotices of termination must be signed asfollows:

9.7.1.1 For a corporation: By aresponsible corporate officer. For thepurpose of this section, a responsiblecorporate officer means: a president,secretary, treasurer, or vice-president ofthe corporation in charge of a principalbusiness function, or any other personwho performs similar policy ordecision-making functions for thecorporation; or the manager of one ormore manufacturing, production, oroperating facilities, provided, themanager is authorized to makemanagement decisions which governthe operation of the regulated facilityincluding having the explicit or implicitduty of making major capital investmentrecommendations, and initiating anddirecting other comprehensive measuresto assure long term environmentalcompliance with environmental lawsand regulations; the manager can ensurethat the necessary systems areestablished or actions taken to gathercomplete and accurate information forpermit application requirements; andwhere authority to sign documents hasbeen assigned or delegated to themanager in accordance with corporateprocedures;

9.7.1.2 For a partnership or soleproprietorship: By a general partner orthe proprietor, respectively; or

9.7.1.3 For a municipality, State,Federal, or other public agency: Byeither a principal executive officer orranking elected official. For purposes ofthis section, a principal executiveofficer of a Federal agency includes: (1)The chief executive officer of theagency, or (2) a senior executive officerhaving responsibility for the overalloperations of a principal geographicunit of the agency (e.g., RegionalAdministrators of EPA).

9.7.2 All reports required by thispermit and other information must besigned as follows:

9.7.2.1 All reports required by thispermit and other information requestedby the Director or authorizedrepresentative of the Director must besigned by a person described in Part9.7.1 or by a duly authorizedrepresentative of that person.

9.7.2.2 A person is a duly authorizedrepresentative only if the authorizationis made in writing by a person describedPart 9.7.1 and submitted to the Director.

9.7.2.3 The authorization mustspecify either an individual or aposition having responsibility for theoverall operation of the regulatedfacility or activity, such as the positionof manager, operator, superintendent, orposition of equivalent responsibility or

an individual or position having overallresponsibility for environmental mattersfor the company. (A duly authorizedrepresentative may thus be either anamed individual or any individualoccupying a named position).

9.7.3 Changes to Authorization. Ifthe information on the NOI filed forpermit coverage is no longer accuratebecause a different operator hasresponsibility for the overall operationof the facility, a new Notice of Intentsatisfying the requirements of Part 2must be submitted to the Director priorto or together with any reports,information, or applications to be signedby an authorized representative. Thechange in authorization must besubmitted within the time framespecified in Part 2.1, and sent to theaddress specified in Part 2.4.

9.7.4 Certification. Any personsigning documents under Part 9.7 mustmake the following certification:

I certify under penalty of law that thisdocument and all attachments were preparedunder my direction or supervision inaccordance with a system designed to assurethat qualified personnel properly gatheredand evaluated the information submitted.Based on my inquiry of the person or personswho manage the system, or those personsdirectly responsible for gathering theinformation, the information submitted is, tothe best of my knowledge and belief, true,accurate, and complete. I am aware that thereare significant penalties for submitting falseinformation, including the possibility of fineand imprisonment for knowing violations.

9.8 Penalties for Falsification ofReports

Section 309(c)(4) of the Clean WaterAct provides that any person whoknowingly makes any false materialstatement, representation, orcertification in any record or otherdocument submitted or required to bemaintained under this permit, includingreports of compliance or noncomplianceshall, upon conviction, be punished bya fine of not more than $10,000, or byimprisonment for not more than twoyears, or by both.

9.9 Oil and Hazardous SubstanceLiability

Nothing in this permit shall beconstrued to preclude the institution ofany legal action or relieve you from anyresponsibilities, liabilities, or penaltiesto which you are or may be subjectunder section 311 of the CWA or section106 of the ComprehensiveEnvironmental Response, Compensationand Liability Act of 1980 (CERCLA).

9.10 Property RightsThe issuance of this permit does not

convey any property rights of any sort,

nor any exclusive privileges, nor does itauthorize any injury to private propertynor any invasion of personal rights, norany infringement of Federal, State orlocal laws or regulations.

9.11 SeverabilityThe provisions of this permit are

severable, and if any provision of thispermit, or the application of anyprovision of this permit to anycircumstance, is held invalid, theapplication of such provision to othercircumstances, and the remainder ofthis permit shall not be affected thereby.

9.12 Requiring Coverage Under anIndividual Permit or an AlternativeGeneral Permit

9.12.1 Eligibility for this permit doesnot confer a vested right to coverageunder the permit.

The Director may require any personauthorized by this permit to apply forand/or obtain either an individualNPDES permit or an alternative NPDESgeneral permit. Any interested personmay petition the Director to take actionunder this paragraph. Where theDirector requires a permittee authorizedto discharge under this permit to applyfor an individual NPDES permit, theDirector will notify you in writing thata permit application is required. Thisnotification will include a briefstatement of the reasons for thisdecision, an application form, astatement setting a deadline for you tofile the application, and a statement thaton the effective date of issuance ordenial of the individual NPDES permitor the alternative general permit as itapplies to the individual permittee,coverage under this general permit willautomatically terminate. Applicationsmust be submitted to the appropriateRegional Office indicated in Part 8.3 ofthis permit. The Director may grantadditional time to submit theapplication upon request of theapplicant. If a permittee fails to submitin a timely manner an individualNPDES permit application as requiredby the Director under this paragraph,then the applicability of this permit tothe individual NPDES permittee isautomatically terminated at the end ofthe day specified by the Director forapplication submittal.

9.12.2 Any permittee authorized bythis permit may request to be excludedfrom the coverage of this permit byapplying for an individual permit. Insuch cases, you must submit anindividual application in accordancewith the requirements of 40 CFR122.26(c)(1)(ii), with reasons supportingthe request, to the Director at theaddress for the appropriate Regional



Office indicated in Part 8.3 of thispermit. The request may be granted byissuance of any individual permit or analternative general permit if the reasonscited by you are adequate to support therequest.

9.12.3 When an individual NPDESpermit is issued to a permitteeotherwise subject to this permit, or thepermittee is authorized to dischargeunder an alternative NPDES generalpermit, the applicability of this permitto the individual NPDES permittee isautomatically terminated on theeffective date of the individual permit orthe date of authorization of coverageunder the alternative general permit,whichever the case may be. When anindividual NPDES permit is denied toan owner or operator otherwise subjectto this permit, or the owner or operatoris denied for coverage under analternative NPDES general permit, theapplicability of this permit to theindividual NPDES permittee isautomatically terminated on the date ofsuch denial, unless otherwise specifiedby the Director.

9.12.4 The Director’s notificationthat coverage under an alternativepermit is required does not imply thatany discharge that did not or does notmeet the eligibility requirements of Part1.2 is or has been covered by thispermit.

9.13 State/Tribal Environmental Laws9.13.1 Nothing in this permit will be

construed to preclude the institution ofany legal action or relieve you from anyresponsibilities, liabilities, or penaltiesestablished pursuant to any applicableState/Tribal law or regulation underauthority preserved by section 510 ofthe Act.

9.13.2 No condition of this permitreleases you from any responsibility orrequirements under otherenvironmental statutes or regulations.

9.14 Proper Operation andMaintenance

You must at all times properly operateand maintain all facilities and systemsof treatment and control (and relatedappurtenances) which are installed orused by you to achieve compliance withthe conditions of this permit and withthe requirements of Storm WaterPollution Prevention Plans. Properoperation and maintenance alsoincludes adequate laboratory controlsand appropriate quality assuranceprocedures. Proper operation andmaintenance requires the operation ofbackup or auxiliary facilities or similarsystems, installed by a permittee onlywhen necessary to achieve compliancewith the conditions of this permit.

9.15 Inspection and Entry

You must allow the Director or anauthorized representative of EPA, theState/Tribe, or, in the case of a facilitywhich discharges through a municipalseparate storm sewer, an authorizedrepresentative of the municipal owner/operator or the separate storm sewerreceiving the discharge, upon thepresentation of credentials and otherdocuments as may be required by law,to:

9.15.1 Enter upon the your premiseswhere a regulated facility or activity islocated or conducted or where recordsmust be kept under the conditions ofthis permit;

9.15.2 Have access to and copy atreasonable times, any records that mustbe kept under the conditions of thispermit; and

9.15.3 Inspect at reasonable timesany facilities or equipment (includingmonitoring and control equipment).

9.16 Monitoring and Records

9.16.1 Representative Samples/Measurements. Samples andmeasurements taken for the purpose ofmonitoring must be representative of themonitored activity.

9.16.2 Retention of Records. 9.16.2.1 You must retain records of

all monitoring information, and copiesof all monitoring reports required bythis permit for at least three (3) yearsfrom the date of sample, measurement,evaluation or inspection, or report. Thisperiod may be extended by request ofthe Director at any time. Permitteesmust submit any such records to theDirector upon request.

9.16.2.2 You must retain the StormWater Pollution Prevention Plandeveloped in accordance with Part 4 ofthis permit, including the certificationrequired under Section 2.2.4.3 of thispermit, for at least 3 years after the lastmodification or amendment is made tothe plan.

9.16.3 Records Contents. Records ofmonitoring information must include:

9.16.3.1 The date, exact place, andtime of sampling or measurements;

9.16.3.2 The initials or name(s) ofthe individual(s) who performed thesampling or measurements;

9.16.3.3 The date(s) analyses wereperformed;

9.16.3.4 The time(s) analyses wereinitiated;

9.16.3.5 The initials or name(s) ofthe individual(s) who performed theanalyses;

9.16.3.6 References and writtenprocedures, when available, for theanalytical techniques or methods used;and

9.16.3.7 The results of suchanalyses, including the bench sheets,instrument readouts, computer disks ortapes, etc., used to determine theseresults.

9.16.4 Approved MonitoringMethods. Monitoring must be conductedaccording to test procedures approvedunder 40 CFR Part 136, unless other testprocedures have been specified in thispermit.

9.17 Permit Actions

This permit may be modified; revokedand reissued; or terminated for cause.Your filing of a request for a permitmodification; revocation and reissuance;or your submittal of a notification ofplanned changes or anticipated non-compliance does not automatically stayany permit condition.

10. Reopener Clause

10.1 Water Quality Protection

If there is evidence indicating that thestorm water discharges authorized bythis permit cause, have the reasonablepotential to cause, or contribute to aviolation of a water quality standard,you may be required to obtain anindividual permit or an alternativegeneral permit in accordance with Part3.3 of this permit, or the permit may bemodified to include different limitationsand/or requirements.

10.2 Procedures for Modification orRevocation

Permit modification or revocation willbe conducted according to 40 CFR122.62, 122.63, 122.64 and 124.5.

11. Transfer or Termination ofCoverage

11.1 Transfer of Permit Coverage

Automatic transfers of permitcoverage under 40 CFR 122.61(b) are notallowed for this general permit.

11.1.1 Transfer of coverage from oneoperator to a different operator (e.g.,facility sold to a new company): the newowner/operator must complete and filean NOI in accordance with Part 1.3 atleast 2 days prior to taking overoperational control of the facility. Theold owner/operator must file an NOT(Notice of Termination) within thirty(30) days after the new owner/operatorhas assumed responsibility for thefacility.

11.1.2 Simple name changes of thepermittee (e.g., Company ‘‘A’’ changesname to ‘‘ABC, Inc.’’ or Company ‘‘B’’buys out Company ‘‘A’’) may be done byfiling an amended NOI referencing thefacility’s assigned permit number andrequesting a simple name change.



11.2 Notice of Termination (NOT)

You must submit a completed Noticeof Termination (NOT) that is signed inaccordance with Part 9.7 when one ormore of the conditions contained in Part1.4 (Terminating Coverage) have beenmet. The NOT form found inAddendum E will be used unless it hasbeen replaced by a revised version bythe Director. The Notice of Terminationmust include the following information:

11.2.1 The NPDES permit numberfor the storm water discharge identifiedby the Notice of Termination;

11.2.2 An indication of whether thestorm water discharges associated withindustrial activity have been eliminated(i.e., regulated discharges of storm waterare being terminated); you are no longeran operator of the facility; or you haveobtained coverage under an alternativepermit;

11.2.3 The name, address andtelephone number of the permitteesubmitting the Notice of Termination;

11.2.4 The name and the streetaddress (or a description of location ifno street address is available) of thefacility for which the notification issubmitted;

11.2.5 The latitude and longitude ofthe facility; and

11.2.6 The following certification,signed in accordance with Part 9.7(signatory requirements) of this permit.For facilities with more than onepermittee and/or operator, you needonly make this certification for thoseportions of the facility where the youwere authorized under this permit andnot for areas where the you were not anoperator:

I certify under penalty of law that all stormwater discharges associated with industrialactivity from the identified facility thatauthorized by a general permit have beeneliminated or that I am no longer the operatorof the facility or construction site. Iunderstand that by submitting this notice oftermination, I am no longer authorized todischarge storm water associated withindustrial activity under this general permit,and that discharging pollutants in stormwater associated with industrial activity towaters of the United States is unlawful underthe Clean Water Act where the discharge isnot authorized by a NPDES permit. I alsounderstand that the submittal of this Noticeof Termination does not release an operatorfrom liability for any violations of this permitor the Clean Water Act.

11.3 Addresses

All Notices of Termination must besubmitted using the form provided bythe Director (or a photocopy thereof) tothe address specified on the NOT form.

11.4 Facilities Eligible for ‘‘NoExposure’’ Exemption for Storm WaterPermitting

By filing a certification of ‘‘NoExposure’’ under 40 CFR 122.26(g), youare automatically removed from permitcoverage and a NOT to terminate permitcoverage is not required.

12. DefinitionsBest Management Practices (BMPs)

means schedules of activities,prohibitions of practices,maintenance procedures, and othermanagement practices to prevent orreduce the discharge of pollutantsto waters of the United States.BMPs also include treatmentrequirements, operating procedures,and practices to control plant siterunoff, spillage or leaks, sludge orwaste disposal, or drainage fromraw material storage.

Commencement of Construction theinitial disturbance of soilsassociated with clearing, grading, orexcavating activities or otherconstruction activities.

Control Measure as used in this permit,refers to any Best ManagementPractice or other method (includingeffluent limitations) used to preventor reduce the discharge ofpollutants to waters of the UnitedStates.

CWA means the Clean Water Act or theFederal Water Pollution ControlAct, 33 U.S.C. 1251 et seq.

Director means the RegionalAdministrator of the EnvironmentalProtection Agency or an authorizedrepresentative.

Discharge when used withoutqualification means the ‘‘dischargeof a pollutant.’’

Discharge of Storm Water Associatedwith Construction Activity as usedin this permit, refers to a dischargeof pollutants in storm water runofffrom areas where soil disturbingactivities (e.g., clearing, grading, orexcavation), construction materialsor equipment storage ormaintenance (e.g., fill piles, borrowareas, concrete truck washout,fueling), or other industrial stormwater directly related to theconstruction process (e.g., concreteor asphalt batch plants) are located.(See 40 CFR 122.26(b)(14)(x) and 40CFR 122.26(b)(15) for the tworegulatory definitions on regulatedstorm water associated withconstruction sites).

Discharge of Storm Water Associatedwith Industrial Activity is defined at40 CFR 122.26(b)(14).

Facility or Activity means any NPDES‘‘point source’’ or any other facility

or activity (including land orappurtenances thereto) that issubject to regulation under theNPDES program.

Flow-Weighted Composite Samplemeans a composite sampleconsisting of a mixture of aliquotscollected at a constant time interval,where the volume of each aliquot isproportional to the flow rate of thedischarge.

Indian country, as defined in 18 USC1151, means: (a) All land within thelimits of any Indian reservationunder the jurisdiction of the UnitedStates Government,notwithstanding the issuance of anypatent, and including rights-of-wayrunning through the reservation; (b)all dependent Indian communitieswithin the borders of the UnitedStates whether within the originalor subsequently acquired territorythereof, and whether within orwithout the limits of a state; and (c)all Indian allotments, the Indiantitles to which have not beenextinguished, including rights-of-way running through the same. Thisdefinition includes all land held intrust for an Indian tribe.

Industrial Activity as used in this permitrefers to the eleven categories ofindustrial activities included in thedefinition of ‘‘discharges of stormwater associated with industrialactivity’’.

Industrial Storm Water as used in thispermit refers to storm water runoffassociated with the definition of‘‘discharges of storm waterassociated with industrial activity’’.

Large and Medium Municipal SeparateStorm Sewer Systems are defined at40 CFR 122.26(b)(4) and (7),respectively and means allmunicipal separate storm sewersthat are either:

1. Located in an incorporated place(city) with a population of 100,000or more as determined by the 1990Census by the Bureau of Census(these cities are listed inAppendices F and G of 40 CFR122); or

2. Located in the counties withunincorporated urbanizedpopulations of 100,000 or more,except municipal separate stormsewers that are located in theincorporated places, townships ortowns within such counties (thesecounties are listed in Appendices Hand I of 40 CFR 122); or

3. Owned or operated by amunicipality other than thosedescribed in paragraph (i) or (ii) andthat are designated by the Directoras part of the large or medium



municipal separate storm sewersystem.

Municipal Separate Storm Sewer isdefined at 40 CFR 122.26.

No exposure means that all industrialmaterials or activities are protectedby a storm resistant shelter toprevent exposure to rain, snow,snowmelt and/or runoff.

NOI means Notice of Intent to becovered by this permit (see Part 2 ofthis permit.)

NOT means Notice of Termination (seePart 11.2 of this permit).

Owner or operator means the owner oroperator of any ‘‘facility or activity’’subject to regulation under theNPDES program.

Point source means any discernible,confined, and discrete conveyance,including but not limited to, anypipe, ditch, channel, tunnel,conduit, well, discrete fissure,container, rolling stock,concentrated animal feedingoperation, landfill leachatecollection system, vessel or otherfloating craft from which pollutantsare or may be discharged. This termdoes not include return flows fromirrigated agriculture or agriculturalstorm water runoff.

Pollutant is defined at 40 CFR 122.2. Apartial listing from this definitionincludes: dredged spoil, solidwaste, sewage, garbage, sewagesludge, chemical wastes, biologicalmaterials, heat, wrecked ordiscarded equipment, rock, sand,cellar dirt, and industrial ormunicipal waste.

Runoff coefficient means the fraction oftotal rainfall that will appear at theconveyance as runoff.

Special Aquatic Sites, as defined at 40CFR 230.3(q–1), means those sitesidentified in 40 CFR 230 Subpart E.They are geographic areas, large orsmall, possessing special ecologicalcharacteristics of productivity,habitat, wildlife protection, or otherimportant and easily disruptedecological values. These areas aregenerally recognized assignificantly influencing orpositively contributing to thegeneral overall environmentalhealth or vitality of the entireecosystem of a region. (See 40 CFR230.10(a)(3)).

Storm Water means storm water runoff,snow melt runoff, and surfacerunoff and drainage.

Storm Water Associated with IndustrialActivity refers to storm water, thatif allowed to discharge, wouldconstitute a ‘‘discharge of stormwater associated with industrialactivity’’ as defined at 40 CFR

122.26(b)(14) and incorporated hereby reference.

Waters of the United States means:1. All waters which are currently

used, were used in the past, or maybe susceptible to use in interstate orforeign commerce, including allwaters which are subject to the ebband flow of the tide;

2. All interstate waters, includinginterstate ‘‘wetlands’’;

3. All other waters such as interstatelakes, rivers, streams (includingintermittent streams), mudflats,sandflats, wetlands, sloughs, prairiepotholes, wet meadows, playalakes, or natural ponds the use,degradation, or destruction ofwhich would affect or could affectinterstate or foreign commerceincluding any such waters:

a. Which are or could be used byinterstate or foreign travelers forrecreational or other purposes;

b. From which fish or shellfish are orcould be taken and sold ininterstate or foreign commerce; or

c. Which are used or could be used forindustrial purposes by industries ininterstate commerce;

4. All impoundments of watersotherwise defined as waters of theUnited States under this definition;

5. Tributaries of waters identified inparagraphs (1) through (4) of thisdefinition;

6. The territorial sea; and7. Wetlands adjacent to waters (other

than waters that are themselveswetlands) identified in paragraphs1. through 6. of this definition.

Waste treatment systems, includingtreatment ponds or lagoons designed tomeet the requirements of the CWA(other than cooling ponds for steamelectric generation stations per 40 CFR423) which also meet the criteria of thisdefinition) are not waters of the UnitedStates. Waters of the United States donot include prior converted cropland.Notwithstanding the determination ofan area’s status as prior convertedcropland by any other federal agency,for the purposes of the Clean Water Act,the final authority regarding CleanWater Act jurisdiction remains withEPA.You and Your as used in this permit is

intended to refer to the permittee,the operator, or the discharger asthe context indicates and thatparty’s facility or responsibilities.The use of ‘‘you’’ and ‘‘your’’ refersto a particular facility and not to allfacilities operated by a particularentity. For example, ‘‘you mustsubmit’’ means the permittee mustsubmit something for that particular

facility. Likewise, ‘‘all yourdischarges’’ would refer only todischarges at that one facility.

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

The provisions of Part 13 providemodifications or additions to theapplicable conditions of Parts 1 through12 of this permit to reflect specificadditional conditions required as part ofthe State or Tribal CWA Section 401certification process, or Coastal ZoneManagement Act certification process,or as otherwise established by thepermitting authority. The additionalrevisions and requirements listed beloware set forth in connection with, andonly apply to, the following States,Indian country lands and Federalfacilities.

13.1 Region 113.1.1 CTR05*##I: Indian country

lands within the State of Connecticut.13.1.2 MAR05*###: Commonwealth

of Massachusetts, except Indian countrylands.

13.1.2.1 Discharges covered by thegeneral permit must comply with theprovisions of 314 CMR 3.00; 314 CMR4.00; 314 CMR 9.00; and 310 CMR 10.00and any other related policies adoptedunder the authority of theMassachusetts Clean Waters Act, M.G.L.c.21, ss. 26–53 and Wetlands ProtectionAct, M.G.L., s.40. Specifically, newfacilities or the redevelopment ofexisting facilities subject to this permitmust comply with applicable stormwater performance standards prescribedby state regulation or policy. A permitunder 314 CMR 3.04 is not required forexisting facilities which meet statestorm water performance standards. Anapplication for a permit under 314 CMR3.00 is required only when requiredunder 314 CMR 3.04(2)(b) (designationof a discharge on a case-by-case basis)or is otherwise identified in 314 CMR3.00 or Department policy as a dischargerequiring a permit application.Department regulations and policiesmay be obtained through the StateHouse Bookstore or online atwww.magnet.state.ma.us/dep.

13.1.2.2 The department mayrequest a copy of the Storm WaterPollution Prevention Plan (SWPPP) orconduct an inspection of any facilitycovered by this permit to ensurecompliance with state law requirements,including state water quality standards.The Department may enforce itscertification conditions.

13.1.2.3 The results of any quarterlymonitoring required by this permit mustbe sent to the appropriate Regional



Office of the Department where themonitoring identifies violations ofeffluent limits or benchmarks for anyparameter for which monitoring isrequired under this permit.

13.1.3 MAR05*##I: Indian countrylands within the Commonwealth ofMassachusetts.

13.1.4 MER05*###: State of Maine,except Indian country lands.

13.1.5 MER05*##I: Indian countrylands within the State of Maine.

13.1.6 NHR05*###: State of NewHampshire.

13.1.7 RIR05*##I: Indian countrylands within the State of Rhode Island.

13.1.8 VTR05*##F: Federal Facilitiesin the State of Vermont.

13.2. Region 213.2.1 PRR05*###: The

Commonwealth of Puerto Rico. Noadditional requirements

13.3 Region 313.3.1 DCR05*###: The District of

Columbia.13.3.2 DER05*##F: Federal Facilities

in the State of Delaware.

13.4 Region 413.4.1 ALR05*##I: Indian country

lands within the State of Alabama.13.4.2 FLR05*##I: Indian country

lands within the State of Florida.13.4.3 MSR05*##I: Indian country

lands within the State of Mississippi.13.4.4 NCR05*##I: Indian country

lands within the State of North Carolina.

13.5 Region 5Permit coverage not available.

13.6 Region 613.6.1 LAR05*##I: Indian Country

lands within the State of Louisiana. Noadditional requirements.

13.6.2 NMR05*###: The State ofNew Mexico, except Indian Countrylands.

13.6.2.1 Discharges to Water QualityImpaired/Water Quality Limited Waters:Any operator who intends to obtainauthorization under the MSGP for allnew and existing storm water dischargesto water quality-impaired (303(d))waters (see http://www.nmenv.state.nm.us/) from facilitieswhere there is a reasonable potential tocontain pollutants for which thereceiving water is impaired must satisfythe following conditions prior to theauthorization. Signature of the NOI(which includes certifying eligibility forpermit coverage) will be deemed theoperator’s certification that thiseligibility requirement has beensatisfied.

13.6.2.1.1 Prior to submitting aNotice of Intent (NOI) for coverage

under the MSGP, provide an estimate ofpollutant loads in storm waterdischarges from the facility to the NewMexico Environment Department,Surface Water Quality Bureau (SWQB).This estimate must include thedocumentation upon which the estimateis based (e.g., sampling data from thefacility, sampling data fromsubstantially identical outfalls at similarfacilities, modeling, etc.). Existingfacilities must base this estimate onactual analytical data, if available.

13.6.2.1.2 Eligibility Requirementsfor New Discharges.

13.6.2.1.2.1 If a Total MaximumDaily Load (TMDL) has been developed,permit coverage is available only if theoperator has received notice from theSWQB confirming eligibility.

Note: Following receipt of the informationrequired under Part 13.6.2.1.1, SWQBanticipates using the following process inmaking eligibility determinations for newdischarges into 303(d) waters where a TMDLhas been developed:

• SWQB will notify the facilityoperator and EPA that the estimatedpollutant load is consistent with theTMDL and that the proposed stormwater discharges meet the eligibilityrequirements of Part 1.2.3.8 of theMSGP and may be authorized under thisNPDES permit; or

• SWQB will notify the facilityoperator and EPA that the estimatedpollutant load is not consistent with theTMDL and that the proposed stormwater discharges do not meet theeligibility requirements of Part 1.2.3.8 ofthe MSGP and can not be authorizedunder this NPDES permit.

13.6.2.1.2.2 If a Total MaximumDaily Load (TMDL) has not beendeveloped, permit coverage is notavailable under this permit fordischarges to 303(d) waters and theoperator must seek coverage under aseparate permit.

Note: Following receipt of the informationrequired under Part 13.6.2.1.1, SWQBanticipates using the following process inmaking eligibility determinations for newdischarges into 303(d) waters where a TMDLhas not yet been developed: SWQB willnotify the facility operator and EPA that theproposed storm water discharges do not meetthe eligibility requirements of Part 1.2.3.8 ofthe MSGP and can not be authorized underthis NPDES permit.

13.6.2.1.3 Eligibility Requirementsfor Existing Discharges:

13.6.2.1.3.1 If a Total MaximumDaily Load (TMDL) has been developed,permit coverage is available only if theoperator has received notice from theSWQB confirming eligibility.

Note: Following receipt of the informationrequired under Part 13.6.2.1.1, SWQBanticipates using the following process in

making eligibility determinations for existingdischarges into 303(d) waters where a TMDLhas been developed:

• SWQB will notify the facility operatorand EPA that the estimated pollutant load isconsistent with the TMDL and that theproposed storm water discharges meet theeligibility requirements of Part 1.2.3.8 of theMSGP and may be authorized under thisNPDES permit; or

• SWQB will notify the facility operatorand EPA that the estimated pollutant load isnot consistent with the TMDL and that theproposed storm water discharges do not meetthe eligibility requirements of Part 1.2.3.8 ofthe MSGP and can not be authorized underthis NPDES permit.

13.6.2.1.3.2 If a Total MaximumDaily Load (TMDL) has not beendeveloped at the time of permitauthorization, but is later developedduring the term of this permit andidentifies existing permitted dischargesas having a reasonable potential tocontain pollutants for which thereceiving water is impaired, thesedischarges shall no longer be authorizedby this permit unless, followingnotification by the SWQP:

• The operator completes revisions tohis/her Storm Water PollutionPrevention Plan (SWPPP) to includeadditional and/or modified BestManagement Practices (BMPs) designedto comply with any applicable WasteLoad Allocation (WLA) established his/her discharges within 14 calendar daysfollowing notification by SWQB; and

• The operator implements theadditional and/or modified BMPs beforethe next anticipated discharge followingrevision of the SWPPP; and

• A report is submitted to SWQBwhich documents actions taken tocomply with this condition, includingestimated pollutant loads, within 30calendar days following implementationof the additional and/or modified BMPs.

13.6.2.1.4 Additional Monitoring—perform analytical monitoring for eachoutfall at least annually for anypollutant(s) for which the 303(d) wateris impaired where there is a reasonablepotential for discharges to contain anyor all of these pollutants. Submitmonitoring results to SWQB within 45calendar days following samplecollection. These monitoringrequirements are not eligible for anywaivers listed elsewhere in the permit.

13.6.2.2 Permit Eligibility RegardingProtection of Water Quality Standardsand Compliance with State Anti-degradation Requirements: Storm waterdischarges associated with industrialactivity to 303(d) waters as well as allother ‘‘waters of the State’’ that SWQBhas determined to be or may reasonablybe expected to be contributing to aviolation of a water quality standard



and/or that do not comply with theapplicable anti-degradation provisionsof the State’s WQS are not authorized bythis permit.

Note: Upon receipt of this determination,NMED anticipates that, within a reasonableperiod of time, EPA will notify the generalpermittee to apply for and obtain anindividual NPDES permit for thesedischarges per 40 CFR 122.28(b)(3).

13.6.2.3 Signed Copies of dischargemonitoring reports, individual permitapplications, the data and reportsaddressed in Part 13.6.2.1, and all otherreports required herein, shall besubmitted to the appropriate state officeaddress: New Mexico—ProgramManager, Point Source RegulationSection, Surface Water Quality Bureau,New Mexico Environment Department,P.O. Box 26110, Santa Fe, New Mexico87502.

13.6.3. NMR05*##I: Indian Countrylands in the State of New Mexico,except Navajo Reservation lands (seeRegion 9) and Ute Mountain Reservationlands (see Region 8).

13.6.3.1 Pueblo of Isleta Thefollowing conditions apply only todischarges on the Pueblo of Isleta.

13.6.3.1.1 Copies of ‘‘Certification ofEligibility of Coverage’’ under Part1.2.3.6.3 (Endangered Species) and Part1.2.3.7 (Historical Properties), and theirjustifications, must be provided to theTribe 10 days prior to filing the Noticeof Intent (NOI).

13.6.3.1.2 A copy of the Storm WaterPollution Prevention Plan (SWPPP)must be provided to the Tribe 5 daysprior to filing the NOI.

13.6.3.1.3 A copy of the NOI must beprovided to the Tribe at the same timeit is sent to the EnvironmentalProtection Agency.

13.6.3.1.4 A copy of the Notice ofTermination (NOT) must be provided tothe Tribe at the same time it is sent tothe Environmental Protection Agency.

13.6.3.1.5 Any notice of release ofhazardous substances (Part 3.1.2) shallalso be sent to the Tribe at the same timeit is sent to the EnvironmentalProtection Agency. Notification of arelease of hazardous substances shallalso be made to the Pueblo’s PoliceDepartment (505–869–3030) orGovernor’s Office (505–869–3111) orEnvironment Department (505–869–5748).

13.6.3.1.6 Copies of all ‘‘RoutineInspection Reports: (Part 4.2.7.2.1.5) and‘‘Comprehensive Inspection Reports’’(Part 4.9) shall be sent to the Tribewithin 5 days of completion.

13.6.3.1.7 All analytical data (e.g.,Discharge Monitoring Reports, etc.)shall be provided to the Tribe at thesame time it is provided to the EPA.

13.6.3.1.8 Exceedance of any EPA-established ‘‘Benchmark Value’’ for anypollutant will require quarterlymonitoring for that pollutant until suchtime as analytical results from 4consecutive quarters are below the‘‘Benchmark.’’

13.6.3.1.9 Any permittee in Sector Fshall monitor for all Clean Water ActSection 307(a) priority pollutants usedin any of their processes. Monitoringshall be on a quarterly basis.

13.6.3.1.10 Any permittee in SectorM shall monitor for total oil & grease,glycols, and those solvents regulatedunder Safe Drinking Water Actmandates at 40 CFR 141.61(a) inaddition to those parameters identifiedin Table M–1. Monitoring shall be on aquarterly basis.

13.6.3.1.11 Any permittee in SectorN shall monitor for PCBs in addition tothose parameters identified in Table N–1. Monitoring shall be on a quarterlybasis.

13.6.3.1.12 All written reports shallbe sent to: Director, EnvironmentDepartment, Pueblo of Isleta, Isleta, NM87022.

13.6.3.2 Pueblo of Nambe. Thefollowing conditions apply only todischarges on the Pueblo of Nambe.

No additional requirements.13.6.3.3 Pueblo of Picuris. The

following conditions apply only todischarges on the Pueblo of Picuris.

13.6.3.4 Pueblo of Pojoaque. Thefollowing conditions apply only todischarges on the Pueblo of Pojoaque.

13.6.3.4.1 Notices of Intent (NOI)and notices of Termination (NOT) shallbe submitted to the Pueblo of PojoaqueEnvironment Department at the sametime they are submitted to EPA.

13.6.3.4.2 Storm Water PollutionPrevention Plans (SWPPP) shall besubmitted to the Pueblo of PojoaqueEnvironment Department 30 days beforecommencement of the project.

13.6.3.4.3 If requested by the Puebloof Pojoaque Environment Department(PPED), the permittee shall provideadditional information necessary for a‘‘case by case’’ eligibility determinationto assure compliance with PojoaquePueblo Water Quality Standards.

Note: Upon receipt of an determination bythe Pueblo of Pojoaque that discharges froma facility have the reasonable potential to becausing or contributing to a violation ofPojoaque Pueblo Water Quality Standards,EPA would notify the general permittee toeither improve their Storm Water PollutionPrevention Plan to achieve compliance withPojoaque Pueblo Water Quality Standards orapply for and obtain an individual NPDESpermit for these discharges per 40 CFR122.28(b)(3).

13.6.3.4.4 All written reports shallbe sent to: Pueblo of Pojoaque

Environment Department, 2 W.Gutierrez, Santa Fe, NM 87501; Phone(505) 455–2087; FAX (505) 455–2177.

13.6.3.5 Pueblo of San Juan. Thefollowing conditions apply only todischarges on the Pueblo of San Juan.

13.6.3.5.1 Copies of the Notice ofIntent (NOI) and Notice of Termination(NOT) shall be provided to the Pueblofive (5) days prior to the time it isprovided to the EnvironmentalProtection Agency. A copy of the StormWater Pollution Prevention Plan shallbe provided to the Pueblo five (5) daysprior to the time the NOI is submittedto the Environmental ProtectionAgency.

13.6.3.5.2 All analytical data (e.g.,Discharge Monitoring Reports, etc.)shall be provided to the Pueblo at thesame time it is provided to theEnvironmental Protection Agency.Monitoring activities must becoordinated with the Director of theEnvironment Department to insureconsistency with the Pueblo of San JuanSurface Water Quality MonitoringProgram.

13.6.3.5.3 Copies of all writtenreports required under the permit shallbe sent to: Director, EnvironmentDepartment, San Juan Pueblo, P.O. Box717, San Juan Pueblo, NM 87566. Forquestions or coordination, you maycontact the Director at (505) 852–4212.

13.6.3.6 Pueblo of Sandia. Thefollowing conditions apply only todischarges on the Pueblo of Sandia.

13.6.3.6.1 Copies of the Notice ofIntent (NOI) and Notice of Termination(NOT) shall be provided to the Puebloat the same time it is provided to theEnvironmental Protection Agency. Acopy of the Storm Water PollutionPrevention Plan must also be providedto the Pueblo at the time the NOI issubmitted.

13.6.3.6.2 All analytical data (e.g.,Discharge Monitoring Reports, etc) shallbe provided to the Pueblo at the sametime it is provided to the EnvironmentalProtection Agency.

13.6.3.6.3 All written reports shallbe sent to: Director, EnvironmentDepartment, Pueblo of Sandia, Box6008, Bernalillo, NM 87004.

13.6.3.7 Pueblo of Tesuque. Thefollowing conditions apply only todischarges on the Pueblo of Tesuque. Noadditional requirements.

13.6.3.8 Santa Clara Pueblo. Thefollowing conditions apply only todischarges on the Santa Clara Pueblo.No additional requirements.

13.6.3.9 All Other Indian Countrylands in New Mexico. No additionalrequirements.



13.6.4. OKR05*##I: Indian Countrylands within the State of Oklahoma. Noadditional requirements.

13.6.5. OKR05*##F: Facilities in theState of Oklahoma not under thejurisdiction of the OklahomaDepartment of Environmental Quality,except those on Indian Country lands.

13.6.5.1 Ineligible Discharges to theOklahoma Scenic Rivers System andOutstanding Resource Waters—New orproposed discharges to the OklahomaScenic Rivers System, including the

Illinois River, Flint Creek, Barren ForkCreek, Mountain Fork, Little Lee Creek,and Big Lee Creek or to any waterdesignated an ‘‘Outstanding ResourceWater’’ (ORW) in Oklahoma’s WaterQuality Standards are not eligible forcoverage under the MSGP. Existingdischarges of storm water in thesewatersheds may be permitted under theMSGP only from point sources existingas of June 25, 1992, whether or not suchstorm water discharges were permittedas point sources prior to June 25, 1992.

13.6.6. TXR05*###: The State ofTexas, except Indian Country lands.13.6.6.1 The following limitations,independently required under the TexasWater Quality Standards (31 TAC319.22 and 319.23), apply to dischargesauthorized by the permit:

13.6.6.1.1 All Discharges to InlandWaters: The maximum allowableconcentrations of each of the hazardousmetals, stated in terms of milligrams perliter (mg/l), for discharges to inlandwaters are as follows:

Total metal Monthly aver-age

Daily com-posite Single grab

Arsenic ......................................................................................................................................... 0.1 0.2 0.3Barium .......................................................................................................................................... 1.0 2.0 4.0Cadmium ...................................................................................................................................... 0.05 0.1 0.2Chromium .................................................................................................................................... 0.5 1.0 5.0Copper ......................................................................................................................................... 0.5 1.0 2.0Lead ............................................................................................................................................. 0.5 1.0 1.5Manganese .................................................................................................................................. 1.0 2.0 3.0Mercury ........................................................................................................................................ 0.005 0.005 0.01Nickel ........................................................................................................................................... 1.0 2.0 3.0Selenium ...................................................................................................................................... 0.05 0.1 0.2Silver ............................................................................................................................................ 0.05 0.1 0.2Zinc .............................................................................................................................................. 1.0 2.0 6.0

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

Total metal Monthly aver-age

Daily com-posite Single grab

Arsenic ......................................................................................................................................... 0.1 0.2 0.3Barium .......................................................................................................................................... 1.0 2.0 4.0Cadmium ...................................................................................................................................... 0.1 0.2 0.3Chromium .................................................................................................................................... 0.5 1.0 5.0Copper ......................................................................................................................................... 0.5 1.0 2.0Lead ............................................................................................................................................. 0.5 1.0 1.5Manganese .................................................................................................................................. 1.0 2.0 3.0Mercury ........................................................................................................................................ 0.005 0.005 0.01Nickel ........................................................................................................................................... 1.0 2.0 3.0Selenium ...................................................................................................................................... 0.10 0.2 0.3Silver ............................................................................................................................................ 0.05 0.1 0.2Zinc .............................................................................................................................................. 1.0 2.0 6.0

13.6.6.1.3 Definitions:Inland Waters—all surface waters in

the State other than ‘‘tidal waters’’ asdefined below.

Tidal Waters—those waters of theGulf of Mexico within the jurisdiction ofthe State of Texas, bays and estuariesthereto, and those portions of the riversystems which are subject to the ebband flow of the tides, and to theintrusion of marine waters.

13.6.7. TXR05*##I: Indian Countrylands within the State of Texas. Noadditional requirements.

13.7. Region 7. Permit Coverage NotAvailable.

13.8. Region 8.13.8.1. COR05*##F: Federal

Facilities in the State of Colorado,except those located on Indian countrylands.

13.8.2. COR05*##I: Indian countrylands within the State of Colorado,including the portion of the UteMountain Reservation located in NewMexico.

13.8.3. MTR05*##I: Reserved13.8.4. NDR05*##I: Indian country

lands within the State of North Dakota,including that portion of the StandingRock Reservation located in SouthDakota except for the Lake TraverseReservation which is covered underSouth Dakota permit SDR05*##I listedbelow.

13.8.5. SDR05*##I: Indian countrylands within the State of South Dakota,including the portion of the Pine RidgeReservation located in Nebraska and theportion of the Lake Traverse Reservationlocated in North Dakota except for theStanding Rock Reservation which is

covered under North Dakota permitNDR05*##I listed above.

13.8.6. UTR05*##I: Indian countrylands in the State of Utah, exceptGoshute and Navajo reservation lands(see Region 9).

13.8.7. WYR05*##I: Indian countrylands in the State of Wyoming.

13.9. Region 9. 13.9.1. ASR05*###: The Island of

American Samoa.13.9.1.1. Copies of NOIs shall also

be submitted to the American SamoaEnvironmental Protection Agency at thefollowing address concurrently withNOI submittal to EPA: American SamoaEnvironmental Protection Agency,Executive Office Building, Pago Pago,American Samoa 96799.

13.9.1.2. Updated storm waterpollution prevention plans must be



submitted to the American SamoaEnvironmental Protection Agency at thefollowing address for review andapproval as soon as they are completed:American Samoa EnvironmentalProtection Agency, Executive OfficeBuilding, Pago Pago, American Samoa96799.

13.9.2. AZR05*###: The State ofArizona, except Indian country lands.

13.9.2.1. Discharges authorized bythis permit shall not cause or contributeto a violation of any applicable waterquality standard of the State of Arizona(Arizona Administrative Code, Title 18,Chapter 11).

13.9.2.2. Notices of Intent (NOIs)shall also be submitted to the State ofArizona Department of EnvironmentalQuality at the following address: StormWater Coordinator, Arizona Departmentof Environmental Quality, 3033 N.Central Avenue, Phoenix, Arizona85012. NOIs submitted to the State ofArizona shall include the wellregistration number if storm waterassociated with industrial activity isdischarged to a dry well or an injectionwell.

13.9.2.3. Notices of Termination(NOTs) shall also be submitted to theState of Arizona Department ofEnvironmental Quality at the followingaddress: Storm Water Coordinator,Arizona Department of EnvironmentalQuality, 3033 N. Central Avenue,Phoenix, Arizona 85012.

13.9.2.4. For facilities which submita no exposure certification inaccordance with Part 1.5 of the permit,the operator shall submit a copy of theno exposure certification to the State ofArizona Department of EnvironmentalQuality at the following address: StormWater Coordinator, Arizona Departmentof Environmental Quality, 3033 N.Central Avenue, Phoenix, Arizona85012.

13.9.2.5. SARA Section 313(Community Right to Know) facilitiesshall have the following requirement:Liquid storage areas for Section 313water priority chemicals shall beoperated to minimize discharges of suchchemicals. Appropriate measures tominimize discharges of Section 313chemicals shall include: provision ofsecondary containment for at least theentire contents of the largest tank plussufficient freeboard to allow for the 25-year, 24-hour precipitation event; astrong spill contingency and integritytesting plan, and/or other equivalentmeasures.

13.9.2.6. Delineation of FacilityAreas Within the 100-Year Floodplain.All facilities or any portion of a facilitythat is located at or within the 100-yearfloodplain shall be delineated on the

site map. The base flood elevation, ifknown, shall also be reported.

13.9.2.7. Facilities subject tomonitoring and reporting requirementsshall also submit Discharge MonitoringReport Form(s) (DMR) and otherrequired monitoring information to theState of Arizona Department ofEnvironmental Quality at the followingaddress: Storm Water DMR Coordinator,Arizona Department of EnvironmentalQuality, 3033 N. Central AvenuePhoenix, Arizona 85012.

13.9.2.8. The term ‘‘SignificantSources of Non-Storm Water’’ includes,but is not limited to discharges whichcould cause or contribute to violationsof water quality standards of the Stateof Arizona, and discharges which couldinclude releases of oil or hazardoussubstances in excess of reportablequantities under Section 311 of theClean Water Act (see 40 CFR 110.10 andCFR 117.21) or Section 102 of CERCLA(see CFR 302.4).

13.9.2.9. The term ‘‘Base FloodElevation’’ as defined by FederalEmergency Management Agency(FEMA) is the height of the base (100-year) flood in relation to a specifieddatum, usually the National GeodeticVertical Datum of 1929 of NorthAmerican Vertical Datum of 1988. Thisis the elevation of the 100-year floodwaters relative to ‘‘mean sea level.’’

13.9.2.10. The term ‘‘100-year flood’’means the flood having a one percentchance of being equaled or exceeded inmagnitude in any given year.

13.9.2.11. The term ‘‘100-yearfloodplain’’ means that area adjoining ariver, stream, or watercourse covered bywater in the event of a 100-year flood.

13.9.3. AZR05*##I: Indian countrylands within the State of Arizona,including Navajo Reservation lands inNew Mexico and Utah.

13.9.3.1. White Mountain ApacheTribe. The following condition appliesonly on the White Mountain ApacheTribe: All NOIs for proposed stormwater discharge coverage shall beprovided to the following address:Tribal Environmental Planning Office,Attn: Brenda Pusher-Begay, P.O. Box1000, Whiteriver, AZ 85941.

13.9.4. CAR05*##I: Indian countrylands within the State of California Noadditional requirements.

13.9.5. GUR05*###: The Island ofGuam.

13.9.5.1. Facilities ineligible forMulti-Sector General Permit coveragewhich are required to submit anindividual NPDES permit applicationmust send a copy to the followingaddress at the time of submittal to EPA:Guam Environmental Protection

Agency, P.O. Box 22439 GMF,Barrigada, Guam 96921.

13.9.5.2. Copies of NOIs shall alsobe submitted to the following addressconcurrently with NOI submittal toEPA: Guam Environmental ProtectionAgency, P.O. Box 22439 GMF,Barrigada, Guam 96921.

13.9.5.3. Permittees required by theDirector to submit an individual NPDESpermit application or alternative generalNPDES permit application must send acopy to the following address at thetime of submittal to EPA: GuamEnvironmental Protection Agency, P.O.Box 22439 GMF, Barrigada, Guam96921.

13.9.6. JAR05*###: Johnston Atoll.No additional requirements.

13.9.7. MWR05*###: Midway Islandand Wake Island. No additionalrequirements.

13.9.8. NIR05*###: Commonwealthof the Northern Mariana Islands (CNMI)

13.9.8.1. All conditions andrequirements set forth in the USEPAfinal NPDES MSGP must be compliedwith.

13.9.8.2. A storm water pollutionprevention plan (SWPPP) for stormwater discharges associated withindustrial activity must be approved bythe Director of the CNMI DEQ prior tothe submission of the NOI to USEPA.The CNMI address for the submittal ofthe SWPPP for approval is:Commonwealth of the Northern MarianaIslands, Office of the Governor, Director,Division of Environmental Quality(DEQ), P.O. Box 501304 C.K., Saipan,MP 96950–1304.

13.9.8.3. An NOI to be covered bythe storm water MSGP for dischargesassociated with industrial activity mustbe submitted to CNMI DEQ (use aboveaddress) and USEPA, Region 9, in theform prescribed by USEPA,accompanied by a SWPPP approvalletter from CNMI DEQ.

13.9.8.4. The NOI must bepostmarked seven (7) calendar daysprior to any stormwater discharges anda copy must be submitted to the Directorof CNMI DEQ (use above address) nolater than seven (7) calendar days priorto any stormwater discharges.

13.9.8.5. All monitoring reportsrequired by the MSGP must besubmitted to CNMI DEQ (use aboveaddress).

13.9.8.6. In accordance with section10.3(h) and (i) of CNMI water qualitystandards, CNMI DEQ reserves the rightto deny coverage under the MSGP andto require submittal of an application foran individual NPDES permit based on areview of the NOI or other informationmade available to the Director.



1 Section 9 of the ESA prohibits any person from‘‘taking’’ a listed species (e.g., harassing or harmingit) unless: (1) the taking is authorized through a‘‘incidental take statement’’ as part of undergoingESA section 7 formal consultation; (2) where anincidental take permit is obtained under ESAsection 10 (which requires the development of ahabitat conservation plan); or (3) where otherwiseauthorized or exempted under the ESA. Thisprohibition applies to all entities including privateindividuals, businesses, and governments.

13.9.9. NVR05*##I: Indian countrylands within the State of Nevada,including the Duck Valley Reservationin Idaho, the Fort McDermittReservation in Oregon and the GoshuteReservation in Utah. No additionalrequirements.

13.10. Region 10. 13.10.1. (The terms and conditions

of the 1995 Multi-Sector General Permitare effective for facilities in the State ofAlaska through February 9, 2001.)

13.10.2. AKR05*##I: Indian countryLands within the State of Alaska.

13.10.3. IDR05*### The State ofIdaho, except Indian country lands.

13.10.4. IDR05*##I: Indian countrylands within the State of Idaho, exceptDuck Valley Reservation lands (seeRegion 9).

13.10.5. ORR05*##I: Indian countrylands in the State of Oregon except FortMcDermitt Reservation lands (seeRegion 9).

13.10.6. WAR05*##I: Indian countrylands within the State of Washington

13.10.6.1 Permittees on ChehalisReservation lands must also meet thefollowing conditions:

1. The permittee shall be responsiblefor achieving compliance withConfederated Tribes of ChehalisReservation’s Water Quality Standards,and

2. The permittee shall be responsiblefor submitting all Storm Water PollutionPrevention Plans to the Chehalis TribalDepartment of Natural Resources at thefollowing address for review andapproval prior to the beginning of anydischarge activities taking place:Confederated Tribes of ChehalisReservation, Department of NaturalResources, 420 Howanut Road, Oakville,WA 98568.

13.10.6.2 Permittees on PuyallupReservation lands must also meet thefollowing conditions:

1. The permittee shall be responsiblefor achieving compliance with PuyallupTribe’s Water Quality Standards;

2. The permittee shall submit a copyof the Notice of Intent to be covered bythe general permit to the Puyallup TribeEnvironmental Department at theaddress listed below at the same time itis submitted to U.S. EPA;

3. The permittee shall be responsiblefor submitting all Storm Water PollutionPrevention Plans to the Puyallup TribeEnvironmental Department at thefollowing address for review andapproval prior to the beginning of anydischarge activities taking place:Puyallup Tribe EnvironmentalDepartment, 2002 East 28th Street,Tacoma, WA 98404.

13.10.7. WAR05*##F: FederalFacilities in the State of Washington,

except those located on Indian countrylands.

13.10.7.1 Discharges authorized bythis permit shall not cause or contributeto a violation of any applicable waterquality standard of the State ofWashington. These standards are foundat Chapter 173–201A WAC (WaterQuality Standards for Surface Waters),Chapter 173–204 WAC (SedimentManagement Standards) and theNational Toxics Rule for human healthstandards (57 FR 60848–60923).

13.10.7.2 Any operator of a facilityin Sectors A, D, E, F, G, H, J, L, M, N,or U who intends to obtainauthorization under the MSGP–2000 forall new and existing storm waterdischarges must conduct and reportbenchmark monitoring for turbiditywith a cutoff concentration of 50 NTU.

Addendum A—Endangered SpeciesGuidance

I. Assessing Permit Eligibility RegardingEndangered Species

A. BackgroundTo meet its obligations under the Clean

Water Act and the Endangered Species Act(ESA) and to promote those Acts’ goals, theEnvironmental Protection Agency (EPA) isseeking to ensure the activities regulated bythis Multi-Sector General Permit (MSGP)pose no jeopardy to endangered andthreatened species and critical habitat. Toensure that those goals are met, applicants forMSGP coverage are required under Part1.2.3.6 to assess the impacts of their stormwater discharges, allowable non-storm waterdischarges, and discharge-related activitieson Federally listed endangered andthreatened species (‘‘listed species’’) anddesignated critical habitat (‘‘critical habitat’’)by following the process listed below. EPAstrongly recommends that you follow thesesteps at the earliest possible stage to ensurethat measures to protect listed species andcritical habitat are incorporated early in yourplanning process.

You also have an independent ESAobligation to ensure that your activities donot result in any prohibited ‘‘takes’’ of listedspecies.1 Many of the measures required inthe MSGP and in these instructions to protectspecies may also assist you in ensuring thatyour activities do not result in a prohibitedtake of species in violation of section 9 of theESA. If you have or plan activities in areasthat harbor endangered and threatenedspecies, you may wish to ensure that you areprotected from potential takings liabilityunder ESA section 9 by obtaining an ESA

section 10 permit or, if there is a separatefederal action regarding the facility, byrequesting formal consultation under ESAsection 7 regarding that action. If you are notsure whether to pursue a section 10 permitor a section 7 consultation for takingsprotection, you should confer with theappropriate Fish and Wildlife Service (FWS)and/or National Marine Fisheries Service(NMFS) (collectively the ‘‘Services’’) office.

B. How Does The Basic Eligibility AssessmentProcess Work?

In order to determine if you are eligible touse the permit, you need to go through aseries of steps to determine:

1. Are there any listed endangered orthreatened species or critical habitat inproximity to your facility or the point whereyour discharges reach a receiving water?

2. If there are listed species in proximity,are your discharges or discharge-relatedactivities going to adversely affect them?

3. If adverse effects on listed species orcritical habitat are likely, what can you do toeliminate or reduce these effects?

4. Have any adverse effects already beenaddressed under the Endangered SpeciesAct?

5. Which, if any, of the eligibility criteriamake you eligible for permit coverage?

C. What Are the Eligibility Criteria?

The Part 1.2.3.6 eligibility requirementmay be satisfied by documenting that one ormore of the following criteria has been met:

Criteria A. No Listed Species or CriticalHabitat Are in Proximity to Your Facility orthe Point Where Authorized DischargesReach a Water of the United States (See Part1.2.3.6.3.1)

Using the latest County Species Listavailable from EPA and any other relevantinformation sources, you have determinedthat no listed species or critical habitat arein proximity to your facility. Listed speciesand critical habitat are in proximity to afacility when they are:

• Located in the path or immediate areathrough which or over which contaminatedpoint source storm water flows fromindustrial activities to the point of dischargeinto the receiving water. This may alsoinclude areas where storm water from yourfacility enters groundwater that has a directhydrological connection to a receiving water(e.g., groundwater infiltrates at your facilityand re-emerges to enter a surface waterbodywithin a short period of time.)

• Located in the immediate vicinity of, ornearby, the point of discharge into receivingwaters.

• Located in the area of a facility wherestorm water BMPs are planned or are to beconstructed.

Please be aware that no protection fromincidental takings liability is provided underthis criteria.

Criteria B. An ESA Section 7 ConsultationHas Been Performed for a Separate FederalAction Regarding Your Facility (See Part1.2.3.6.3.2)

A formal or informal ESA § 7 consultationon a separate federal action (e.g., New Sourcereview under NEPA, application for a dredge



and fill permit under CWA § 404, applicationfor an individual NPDES permit, etc.)addressed the effects of your discharges anddischarge-related activities on listed speciesand critical habitat. If your facility was thesubject of a formal consultation, it must haveresulted in either a ‘‘no jeopardy opinion’’ ora ‘‘jeopardy opinion’’ and you agree toimplement any reasonable and prudentalternatives or other conditions upon whichthe consultation was based. If your facilitywas the subject of an informal consultation,it must have resulted in a writtenconcurrence by the Service(s) on a findingthat the applicant’s activities are not likely toadversely affect listed species or criticalhabitat (for informal consultation, see 50 CFR402.13).

Criteria C. An Incidental Taking PermitUnder Section 10 of the ESA was Issued forYour Facility (See Part 1.2.3.6.3.3)

You have a permit under section 10 of theESA and that authorization addresses theeffects of your wastewater and storm waterdischarges and discharge-related activities onlisted species and critical habitat. Note: Youmust follow FWS/NMFS procedures whenapplying for an ESA section 10 permit (see50 CFR 17.22(b)(1)).

Criteria D. You Have Determined AdverseEffects Are Not Likely (See Part 1.2.3.6.3.4)

Using best judgment, you have investigatedpotential effects your discharges anddischarges-related activities may have onlisted species and critical habitat and have noreason to believe there would be adverseeffects. Any terms and/or conditions toprotect listed species and critical habitat yourelied on in order to determine adverseeffects would be unlikely must beincorporated into your Storm Water PollutionPrevention Plan (required by the permit) andimplemented in order to maintain permiteligibility.


Criteria E. Your Facility Was Covered Underthe Eligibility Certification of AnotherOperator for the Facility Area (See Part1.2.3.6.3.5)

Your storm water discharges, allowablenon-storm water discharges, and discharge-related activities were already addressed inanother operator’s certification of eligibilityunder Part 1.2.3.6.3 which covered yourfacility. By certifying eligibility under Part1.2.3.6.3.4, you agree to comply with anymeasures or controls upon which the otheroperator’s certification under Part 1.2.3.6.3was based.

Please be aware that in order to meet thepermit eligibility requirements by relying onanother operator’s certification of eligibility,the other operator’s certification must applyto the location of your facility and mustaddress the effects from your storm waterdischarges, allowable non-storm waterdischarges, and discharge-related activitieson listed species and critical habitat. Thissituation will typically occur where anownership of a facility covered by this permitchanges or when there are multiple operatorswithin an industrial park or an airport.

However, before you rely on anotheroperator’s certification, you should carefullyreview that certification along with anysupporting information. You also need toconfirm that no additional species have beenlisted or critical habitat designated in thearea of your facility since the other operator’sendangered species assessment was done. Ifyou do not believe that the other operator’scertification provides adequate coverage foryour facility, you should provide your ownindependent endangered species assessmentand certification.


D. What Procedures Do I Use To Determineif the Eligibility Criteria Can Be Satisfied?

Caution: Additional endangered andthreatened species have been listed andcritical habit designated since the 1995MSGP was issued and will continue to beadded after the effective date of this permit.You must verify any earlier determination ofeligibility is still valid before relying on thatassessment to certify eligibility for thispermit. Where applicable, you mayincorporate information from your previousendangered species analysis in yourdocumentation of eligibility for this permit.

To determine eligibility, you must assess(or have previously assessed) the potentialeffects of your storm water discharges,allowable non-storm water discharges anddischarge-related activities on listed speciesand critical habitat. PRIOR to completing andsubmitting a Notice of Intent (NOI) form, youmust follow the steps outlined below anddocument the results of your eligibilitydetermination.

Step One: Are There Any EndangeredSpecies or Critical Habitat in Your County(or Other Area) and, if so, Are They inProximity to Your Facility or DischargeLocations?

1–A. Check for Listed Species Look in thelatest county species list to see if any listedspecies are found where your facility anddischarge point(s) are located. If you arelocated close to the border of a county oryour facility is located in one county andyour discharge points are located in another,you must look under both counties. Sincespecies are listed and de-listed periodically,you will need the most current list at thetime you are doing your endangered speciesassessment. EPA’s most current county-species list is on the Internet at http://www.epa.gov/owm/esalst2.htm.

=>Proceed to 1–B.

1–B. Check for Critical Habitat Some (butnot all) listed species have designated criticalhabitat. Exact locations of such habitat isprovided in the endangered speciesregulations at 50 CFR part 17 and part 226.To determine if facility or discharge locationsare within designated critical habitat, youshould either:

• Review those regulations (which can befound in many larger libraries); or

• Contact the nearest Fish and WildlifeService (FWS) and National Marine FisheriesService (NMFS) Office. A list of FWS and

NMFS offices is found at section II of thisAddendum.; or

• Contact the State Natural Heritagecenters. These centers compile anddisseminate information on Federally listedand other protected species. They frequentlyhave the most current information on listedspecies and critical habitat. A list of thesecenters is provided in section III of theAddendum.

=>Proceed to 1–C.

1–C. Check for Proximity If there are listedspecies in your county, are they in proximityto your facility or discharge locations? Youwill need to use the proximity criteria inEligibility Criteria A to determine if the listedspecies are in your part of the county. Thearea in proximity to be searched/surveyed forlisted species will vary with the size of thefacility, the nature and quantity of the stormwater discharges, and the type of receivingwaters. Given the number of facilitiespotentially covered by the MSGP, no specificmethod to determine whether species are inproximity is required for permit coverageunder the MSGP. Instead, you should use themethod or methods which best allow you todetermine to the best of your knowledgewhether species are in proximity to yourparticular facility. These methods mayinclude:

• Conducting visual inspections. Thismethod may be particularly suitable forfacilities that are smaller in size, facilitieslocated in non-natural settings such as highlyurbanized areas or industrial parks wherethere is little or no nature habitat; andfacilities that discharge directly intomunicipal storm water collection systems.For other facilities, a visual survey of thefacility site and storm water drainage areasmay be insufficient to determine whetherspecies are likely to be located in proximityto the discharge.

• Contacting the nearest State WildlifeAgency or U.S. Fish and Wildlife Service(FWS) or National Marine Fisheries Service(NMFS) offices. Many endangered andthreatened species are found in well-definedareas or habitats. That information isfrequently known to state or federal wildlifeagencies. FWS has offices in every state.NMFS has regional offices in: Gloucester,Massachusetts; St. Petersburg, Florida; LongBeach, California; Portland, Oregon; andJuneau, Alaska.

• Contacting local/regional conservationgroups. These groups inventory species andtheir locations and maintain lists of sightingsand habitats.

• Conducting a formal biological survey.Larger facilities with extensive storm waterdischarges may choose to conduct biologicalsurveys as the most effective way to assesswhether species are located in proximity andwhether there are likely adverse effects.

If neither your facility nor dischargelocations are located in designated criticalhabitat, then you need not consider impactsto critical habitat when following Steps Twothrough Five below. If your facility ordischarge locations are located within criticalhabitat, then you must look at impacts tocritical habitat when following Steps Twothrough Five. EPA notes that many measuresimposed to protect listed species under these



steps will also protect critical habitat.However, obligations to protect habitat underthis permit are separate from those to protectlisted species. Thus, meeting the eligibilityrequirements of this permit may requiremeasures to protect critical habitat that areseparate from those to protect listed species.

=> Proceed to 1–D

1–D. Check for Criteria ‘‘A’’ Eligibility IFNO SPECIES WERE LISTED FOR YOURCOUNTY OR THE SPECIES THAT WERELISTED WERE NOT IN PROXIMITY TOYOUR DISCHARGE AND YOUR FACILITYAND DISCHARGE LOCATIONS WERE NOTIN PROXIMITY TO CRITICAL HABITAT,YOU ARE ELIGIBLE UNDER CRITERIA ‘‘A’’.Document your endangered speciesassessment and certify eligibility under Part1.2.3.6.3.1 of the permit. Congratulations, goto Step Five!

=> If there were listed species or criticalhabitat, proceed to Step Two

Step Two: Can You Meet Eligibility Criteria‘‘B’’, ‘‘C’’, or ‘‘E’’?

2–A Check for Criteria ‘‘B’’, ‘‘C’’, or ‘‘E’’Basis Do one of the following apply:

• There was a completed consultationunder ESA § 7 for your facility (Criteria B) =>proceed to 2–B

• There is a previously issued ESA § 10permit for your facility (Criteria C) =>proceed to 2–C

• Another operator previously certifiedeligibility for the area where your facility islocated (Criteria E) => proceed to 2–D

=> If no, proceed to Step Three

2–B Check for Criteria ‘‘B’’ Eligibility Didthe previously completed ESA § 7consultation consider all currently listedspecies and critical habitat and address yourstorm water, allowable non-storm water, anddischarge related activities?


2-B–1 Did the ESA § 7 consultation resultin either a ‘‘no jeopardy’’ opinion by theService (for formal consultations) or aconcurrence by the service that youractivities would be ‘‘unlikely to adverselyaffect’’ listed species or critical habitat?


2–B–2 IF YOU AGREE TO IMPLEMENTANY MEASURES UPON WHICH THECONSULTATION WAS CONDITIONED,YOU ARE ELIGIBLE UNDER CRITERIA ‘‘B’’.Incorporate any necessary measures into yourStorm Water Pollution Prevention Plan,document your endangered speciesassessment, and certify eligibility under Part1.2.3.6.3.2. Congratulations, go to Step Five!

=> If you do not agree to implementconditions upon which the consultation wasbased, proceed to Step Three

2–C Check for Criteria ‘‘C’’ Eligibility IFYOUR ESA § 10 PERMIT CONSIDERED ALLCURRENTLY LISTED SPECIES ANDCRITICAL HABITAT AND ADDRESSESYOUR STORM WATER, ALLOWABLE NON-STORM WATER, AND DISCHARGERELATED ACTIVITIES, YOU ARE ELIGIBLEUNDER CRITERIA ‘‘C’’. Incorporate anynecessary measures into your Storm WaterPollution Prevention Plan, document your

endangered species assessment, and certifyeligibility under Part 1.2.3.6.3.3 of thepermit. Congratulations, go to Step Five!

=> If your ESA § 10 permit did not meetthese criteria, proceed to Step Three

2–D Check for Criteria ‘‘E’’ Eligibility Didthe other operator’s certification of eligibilityconsider all currently listed species andcritical habitat and address your storm water,allowable non-storm water, and dischargerelated activities?


2–D–1 IF YOU AGREE TO IMPLEMENTANY MEASURES UPON WHICH THEOTHER OPERATOR’S CERTIFICATIONWAS BASED, YOU ARE ELIGIBLE UNDERCRITERIA ‘‘E’’. Incorporate any necessarymeasures into your Storm Water PollutionPrevention Plan, document your endangeredspecies assessment, and certify eligibilityunder Part 1.2.3.6.3.5 of the Permit.Congratulations, go to Step Five!

=> If you do not agree to implementconditions upon which another operator’scertification was based, proceed to StepThree

Step Three: Are Listed Species or CriticalHabitat Likely To Be Adversely Affected byYour Facility’s Storm Water Discharges,Allowable Non-storm Water Discharges, orDischarge-related Activities?

If you are unable to certify eligibility underCriteria A, B, C, or E, you must assesswhether your storm water discharges,allowable non-storm water discharges, anddischarge-related activities are likely to posejeopardy to listed species or critical habitat.‘‘Storm water discharge-related activities’’include:

Activities which cause, contribute to, orresult in point source storm water pollutantdischarges; and

Measures to control storm water dischargesand allowable non-storm water dischargesincluding the siting, construction, operationof best management practices (BMPs) tocontrol, reduce or prevent water pollution.

Effects from storm water discharges,allowable non-storm water discharges, anddischarge-related activities which could posejeopardy include:

Hydrological. Wastewater or storm waterdischarges may cause siltation,sedimentation or induce other changes inreceiving waters such as temperature, salinityor pH. These effects will vary with theamount of wastewater or storm waterdischarged and the volume and condition ofthe receiving water. Where a dischargeconstitutes a minute portion of the totalvolume of the receiving water, adversehydrological effects are less likely.

Habitat. Excavation, site development,grading, and other surface disturbanceactivities, including the installation orplacement of wastewater or storm waterponds or BMPs, may adversely affect listedspecies or their habitat. Wastewater or stormwater associated with facility operation maydrain or inundate listed species habitat.

Toxicity. In some cases, pollutants inwastewater or storm water may have toxiceffects on listed species.

The scope of effects to consider will varywith each facility. If you are having difficultyin determining whether your facility is likelyto pose jeopardy to a listed specie or criticalhabitat, then the appropriate office of theFWS, NMFS, or Natural Heritage Centerlisted in Sections II and III of this Addendumshould be contacted for assistance.

Document the results of your assessmentand make a preliminary determination onwhether or not there would likely be anyjeopardy to listed species or critical habitat.You will need to determine that youractivities are either ‘‘unlikely to adverselyaffect’’ or ‘‘may adversely affect’’. Yourdetermination may be based on measures thatyou implement to avoid, eliminate, orminimize adverse affects.

=> Proceed to Step Four

Step Four: Can You Meet Eligibility Criteria‘‘D’’?

Using best judgment, can you determineyour facility’s storm water discharges,allowable non-storm water discharges, anddischarge-related activities are unlikely topose jeopardy to listed species or criticalhabitat?

4–A IF STEP THREE DETERMINATIONIS ‘‘UNLIKELY TO ADVERSELY AFFECT’’,YOU ARE ELIGIBLE UNDER CRITERIA ‘‘D’’.Incorporate appropriate measures uponwhich your eligibility was based into yourStorm Water Pollution Prevention Plan andcertify eligibility under Part 1.2.3.6.3.4 of thepermit. Congratulations, go to Step Five.

=> If there may be adverse effects, proceedto Step 4–B

4–B Step Three (or Step 4–A–1)Determination is ‘‘May Adversely Affect’’You must contact the Service(s) to discussyour findings and measures you couldimplement to avoid, eliminate, or minimizeadverse affects.

4–B–1 IF YOU AND THE SERVICE(S)REACH AGREEMENT ON MEASURES TOAVOID ADVERSE EFFECTS, YOU AREELIGIBLE UNDER CRITERIA ‘‘D’’.Incorporate appropriate measures uponwhich your eligibility was based into yourStorm Water Pollution Prevention Plan andcertify eligibility under Part 1.2.3.6.3.4 of thepermit. Congratulations, go to Step Five.

4–C Endangered Species Issues Cannotbe Resolved If you cannot reach agreementwith the Service(s) on measures to avoid,eliminate, or reduce adverse effects to anacceptable level; and if any likely adverseeffects cannot otherwise be addressedthrough meeting the other criteria of Part1.2.3.6; then you are not eligible for coverageunder the MSGP at this time and must seekcoverage under an individual permit.Proceed to 40 CFR 122.26(c) for individualpermit application requirements.

Step Five: Submit Notice of Intent andDocument Results of the EligibilityDetermination

Once all other Part 1.2 eligibilityrequirements have been met, you may submitthe Notice of Intent (NOI). Signature andsubmittal of the NOI is also deemed toconstitute your certification, under penalty oflaw, of your eligibility for permit coverage.



You must include documentation of Part1.2.3.6 eligibility in the pollution preventionplan required for the facility. Documentationrequired for the various eligibility criteria areas follows:Criteria A—A copy of the County-Species

List pages with the county(ies) where yourfacility and discharges are located and astatement on how you determined that nolisted species or critical habitat was inproximity to your discharge.

Criteria B—A copy of the Service(s)’sBiological Opinion or concurrence on afinding of ‘‘unlikely to adversely effect’’regarding the ESA § 7 consultation.

Criteria C—A copy of the Service(s)’s lettertransmitting the ESA § 10 authorization.

Criteria D—Documentation on how youdetermined adverse effects on listedspecies and critical habitat were unlikely.

Criteria E—A copy of the documentsoriginally used by the other operator ofyour facility (or area including yourfacility) to satisfy the documentationrequirement of Criteria A, B, C or D.

E. Duty To Implement Terms and ConditionsUpon Which Eligibility Was Determined

You must comply with any terms andconditions imposed under the eligibilityrequirements of Part 1.2.3.6.3 to ensure thatyour storm water discharges, allowable non-storm water discharges, and discharge-relatedactivities do not pose jeopardy to listedspecies and/or critical habitat. You mustincorporate such terms and conditions inyour facility’s Storm Water PollutionPrevention Plan as required by the permit. Ifthe eligibility requirements of Part 1.2.3.6cannot be met, then you may not receivecoverage under this permit. You should thenconsider applying to the permitting authorityfor an individual permit.

II. U.S. Fish and Wildlife Service Offices

National Website For Endangered SpeciesInformation. Endangered Species Home page:http://www.fws.gov/r9endspp/endspp.html

Regional, State, Field and Project Offices

USFWS, Region One—Regional Office

Division Chief, Endangered Species, U.S.Fish and Wildlife Service, ARD EcologicalServices, 911 NE 11 Avenue, Portland, OR97232–4181, (503) 231–6121

State, Field, and Project Offices (Region One)

Field Supervisor, U.S. Fish and WildlifeService, P.O. Box 50088, 300 Ala MoanaBlvd., Rm 3108, Honolulu, HI 96850

Field Supervisor, U.S. Fish and WildlifeService, Upper Columbia R. Basin F&WOffice, 11103 East Montgomery Drive, Ste2, Spokane, WA 99306

State Supervisor, U.S. Fish and WildlifeService, Oregon Fish and Wildlife Office,2600 S.E 98th Avenue Suite 100, Portland,OR 97266

Field Supervisor, U.S. Fish and WildlifeService, Snake River Basin F&W Office,1387 South Vinnell Way, Room 368, Boise,Idaho 83709

State Supervisor, U.S. Fish and WildlifeService, Nevada State Office, 4600 KietzkeLane, Building C, Rm. 125, Reno, NV89502–5093

State Supervisor, U.S. Fish and WildlifeService, Western Washington F&W Office,510 Desmond Dr., Suite 102, Lacey, WA98503–1273

Field Supervisor, U.S. Fish and WildlifeService, Klamath Falls F&W Office, 6600Washburn Way, Klamath Falls, OR 97603

Field Supervisor, U.S. Fish and WildlifeService, Klamath River F&W Office, 1215South Main, Suite 212, Yreka, CA 96097–1006

Field Supervisor, U.S. Fish and WildlifeService, Carlsbad Fish and Wildlife Office,2730 Loker Avenue West, Carlsbad, CA92008

Field Supervisor, U.S. Fish and WildlifeService, Ventura Field Office, 2493 PortolaRoad, Suite B, Ventura, CA 93003

Project Leader, U.S. Fish and WildlifeService, Coastal California Fish andWildlife Office, 1125 16th St., Rm. 209,Arcata, CA 95521–5582

Project Leader, U.S. Fish and WildlifeService, Northern Central Valley F&WOffice, 10959 Tyler Road, Red Bluff, CA96080

State Supervisor, U.S. Fish and WildlifeService, California State Office, 3310 ElCamino Avenue, Suite 120, Sacramento,CA 95821–6340

Field Supervisor, U.S. Fish and WildlifeService, Sacramento Fish & Wildlife Office,3310 El Camino Avenue, Suite 120,Sacramento, CA 95821–6340

USFWS Region Two—Regional Office

Division Chief, Endangered Species, U.S.Fish and Wildlife Service, ARD EcologicalServices, P.O. Box 1306, Albuquerque, NM87103

State, Field, and Project Offices (Region Two)

Field Supervisor, U.S. Fish and WildlifeService, Corpus Christi Field Office, 6300Ocean Dr., Campus Box 338, CorpusChristi, TX 78412

Field Supervisor, U.S. Fish and WildlifeService, Arlington Field Office, 711Stadium Dr., East, Suite 252, Arlington, TX76011

Field Supervisor, U.S. Fish and WildlifeService, Clear Lake Field Office, 17629 ElCamino Real, Suite 211, Houston, TX77058

Field Supervisor, U.S. Fish and WildlifeService, Oklahoma Field Office, 222 S.Houston, Suite a, Tulsa, OK 74127

Field Supervisor, U.S. Fish and WildlifeService, New Mexico Field Office, 2105Osuna, NE, Albuquerque, NM 87113

Field Supervisor, U.S. Fish and WildlifeService, Austin Ecological Serv. FieldOffice, 10711 Burnet Road, Suite 200,Austin, TX 78758

Field Supervisor, U.S. Fish and WildlifeService, Arizona State Office, 2321 W.Royal Palm Road, Suite 103, Phoenix, AZ85021–4951

USFWS Region Three—Regional Office

Division Chief, Endangered Species, U.S.Fish and Wildlife Service, ARD EcologicalServices, BHW Federal Bldg, 1 FederalDrive, Fort Snelling, MN 55111–4056

State, Field, and Project Offices (RegionThree)

Field Supervisor, U.S. Fish and WildlifeService, Chicago, Illinois Field Office, 1000Hart Rd., Suite 180, Barrington, IL 60010

Field Supervisor, U.S. Fish and WildlifeService, East Lansing Field Office, 2651Coolidge Road, East Lansing, MI 48823

Field Supervisor, U.S. Fish and WildlifeService, Reynoldsburg Field Office, 6950Americana Parkway, Suite H,Reynoldsburg, OH 43068–4132

Field Supervisor, U.S. Fish and WildlifeService, Bloomington Field Office, 620South Walker Street, Bloomington, IN47403–2121

Field Supervisor, U.S. Fish and WildlifeService, Twin Cities E.S. Field Office, 4101East 80th Street, Bloomington, MN 55425–1665

Field Supervisor, U.S. Fish and WildlifeService, Columbia Field Office, 608 EastCherry Street, Room 200, Columbia, MO65201–7712

Field Supervisor, U.S. Fish and WildlifeService, Green Bay Field Office, 1015Challenger Court, Green Bay, WI 54311–8331

Field Supervisor, U.S. Fish and WildlifeService, Rock Island Field Office, 446948th Avenue Court, Rock Island, IL 61201

Field Supervisor, U.S. Fish and WildlifeService, Marion Suboffice, Route 3, Box328, Marion, IL 62959–4565

USFWS Region Four—Regional Office

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

State, Field, and Project Offices (Region Four)

Field Supervisor, U.S. Fish and WildlifeService, Panama City Field Office, 1612June Avenue, Panama City, FL 32405–3721

Field Supervisor, U.S. Fish and WildlifeService, South Florida Ecosystem FieldOffice, 1360 U.S. Hwy 1, #5; P.O. Box2676, Vero Beach, FL 32961–2676

Field Supervisor, U.S. Fish and WildlifeService, Caribbean Field Office, P.O. Box491, Boqueron, PR 00622

Field Supervisor, U.S. Fish and WildlifeService, Puerto Rican Parrot Field Office,P.O. Box 1600, Rio Grande, PR 00745

Field Supervisor, U.S. Fish and WildlifeService, Brunswick Field Office, 4270Norwich Street, Brunswick, GA 31520–2523

Field Supervisor, U.S. Fish and WildlifeService, Jacksonville Field Office, 6620Southpoint Drive S., Suite 310,Jacksonville, FL 32216–0912

Field Supervisor, U.S. Fish and WildlifeService, Charleston Field Office, 217 Ft.Johnson Road, P.O. Box 12559, Charleston,SC 29422–2559

Field Supervisor, U.S. Fish and WildlifeService, Clemson F.O., Dept. of ForestResources, 261 Lehotsky Hall, Box 341003,Clemson, SC 29634–1003

Field Supervisor, U.S. Fish and WildlifeService, Raleigh Field Office, P.O. Box33726, Raleigh, NC 27636–3726

Field Supervisor, U.S. Fish and WildlifeService, Cookeville Field Office, 446 NealStreet, Cookeville, TN 38501



Field Supervisor, U.S. Fish and WildlifeService, Asheville Field Office, 160Zillicoa Street, Asheville, NC 28801

Field Supervisor, U.S. Fish and WildlifeService, Daphne Field Office, P.O. Drawer1190, Daphne, AL 36526

Field Supervisor, U.S. Fish and WildlifeService, Vicksburg Field Office, 2524 S.Frontage Road, Suite B, Vicksburg, MS39180–5269

Field Supervisor, U.S. Fish and Wildlife Svc.,Lafayette Field Office, Brandywine II, Suite102, 825 Kaliste Saloom Road, Lafayette,LA 70508

Field Supervisor, U.S. Fish and WildlifeService, Jackson Field Office, 6578Dogwood View Pkwy Suite A, Jackson, MS39213

Region Five—Regional Office

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

State, Field and Project Offices (Region Five)

Project Leader, U.S. Fish and WildlifeService, Delaware Bay Estuary Project,2610 Whitehall Neck Road, Smyrna, DE19977

Project Leader, U.S. Fish and WildlifeService, Southern New England/NYBCEProgram, Shoreline Plaza, Route 1A, P.O.Box 307, Charlestown, RI 02813

Project Leader, U.S. Fish and WildlifeService, Gulf of Maine Project, 4 R FundyRoad, Falmouth, ME 04105

Project Leader U.S. Fish and WildlifeService, Chesapeake Bay Field, Office, 177Admiral Cochrane Drive, Annapolis,Maryland 21401

Project Leader, U.S. Fish and WildlifeService, Virginia Field Office, P.O. Box 99,6669 Short Lane, Gloucester, VA 23061

Project Leader, U.S. Fish and WildlifeService, Southwestern Virginia FieldOffice, P.O. Box 2345, Abingdon, VA24212

Project Leader, U.S. Fish and WildlifeService, New England Field Office, 22Bridge St., Unit #1, Concord, NewHampshire 03301–4986

Project Leader, U.S. Fish and WildlifeService, Maine Field Office, 1033 SouthMain St., Old Town, Maine 04468

Project Leader, U.S. Fish and WildlifeService, Rhode Island Field Office,Shoreline Plaza, Route 1A; P.O. Box 307,Charlestown, Rhode Island 02813

Project Leader, U.S. Fish and WildlifeService, Vermont Field Office, 11 LincolnStreet, Winston Prouty Federal Building,Essex Junction, VT 05452

Project Leader, U.S. Fish and WildlifeService, New Jersey Field Office, 927 NorthMain St., Bldg. D1, Pleasantville, NewJersey 08232

Project Leader, U.S. Fish and WildlifeService, New York Field Office, 3817 LukerRoad, Cortland, New York 13045

Project Leader, U.S. Fish and WildlifeService, Long Island Field Office, P.O. Box608, Islip, New York 11751–0608

Project Leader, U.S. Fish and WildlifeService, Pennsylvania Field Office, 315 S.Allen St., Suite 322, State College,Pennsylvania 16801

Project Leader, U.S. Fish and WildlifeService, Eastern Pennsylvania Field Office,11 Hap Arnold Boulevard, Box H,Tobyhanna, Pennsylvania 18466–0080

Project Leader, U.S. Fish and WildlifeService, West Virginia Field Office, Route250, S.—Elkins Shopping Plaza, Elkins,West Virginia 26241

Region Six—Regional Office

Division Chief, Endangered Species, U.S.Fish and Wildlife Service, ARD-EcologicalServices, P.O. Box 25486, DFC, Denver, CO80225

State, Field, and Project Offices (Region Six)

Field Supervisor, U.S. Fish and WildlifeService, Montana Field Office, 100 N. Park,Suite 320, Helena, MT 59601

Sub-Office Supervisor, U.S. Fish and WildlifeService, Billings Sub-Office, 2900 4th Ave.North-Rm 301, Billings, MT 59101

Sub-Office Supervisor, U.S. Fish and WildlifeService, Kalispell Sub-Office, 780 CrestonHatchery Road, Kalispell, MT 59901

Grizzly Bear Recovery Coordinator, U.S. Fishand Wildlife Service, Forestry SciencesLab, University of Montana, Missoula, MT59812

Field Supervisor, U.S. Fish and WildlifeService, North Dakota Field Office, 1500Capitol Avenue, Bismarck, ND 58501

Field Supervisor, U.S. Fish and WildlifeService, Nebraska Field Office, 203 W. 2ndStreet; Federal Bldg., 2nd Floor, GrandIsland, NE 68801

Field Supervisor, U.S. Fish and WildlifeService, Kansas Field Office, 315 Houston,Suite E, Manhattan, KS 66502

Field Supervisor, U.S. Fish and WildlifeService, South Dakota Field Office, 420 S.Garfield Ave., Suite 400, Pierre, SD 57501–5408

Field Supervisor, U.S. Fish and WildlifeService, Salt Lake City Field Office,Lincoln Plaza, 145 East 1300 South—Suite404, Salt Lake City, UT 84115

Field Supervisor, U.S. Fish and WildlifeService, Colorado Field Office, 730 Simms,Suite 290, Golden, CO 80401–4798

Field Supervisor, U.S. Fish and WildlifeService, Western Colorado Field Office,764 Horizon Drive South, Annex A, GrandJunction, CO 81506–3946

Field Supervisor, U.S. Fish and WildlifeService, Wyoming Field Office, 4000Morrie Avenue, Cheyenne, WY 82001

E.S. Coordinator, U.S. Fish and WildlifeService, Rocky Mountain Arsenal, NationalWildlife Area, Building 111, CommerceCity, CO 80022–1748

Colorado River Recovery Coordinator, U.S.Fish and Wildlife Service, P.O. Box 25486,DFC, Denver, CO 80225

U.S. Fish and Wildlife Service, LaramieBlack Footed Ferret Office, 410 GrandAve., Suite 315, Laramie, WY 80270

Region Seven—Regional Office

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

State, Field, and Project Offices (RegionSeven)

Field Supervisor, U.S. Fish and WildlifeService, Ecological Services, 605 West 4th

Avenue, Room G–62, Anchorage, AK99501

Field Supervisor, U.S. Fish and WildlifeService, Ecological Services, 101 12thAvenue, Box 19 (Room 232), Fairbanks, AK99701

Field Supervisor, U.S. Fish and WildlifeService, Ketchikan Sub-office, 103 MainStreet, P.O. Box 3193, Ketchikan, AK99901

Field Supervisor, U.S. Fish and WildlifeService, Ecological Services, 300 VintageBlvd., Suite 201, Juneau, AK 99801

Region Eight—Has not yet been created outof the other FWS Regions at the time of thisposting.

Region Nine

Janet Ady—Outreach, U.S. Fish and WildlifeService, National Conservation TrainingCenter, Route 3, Box 49, Kearneysville, WV25430

Dan Benfield—Training, U.S. Fish andWildlife Service, National ConservationTraining Center, Route 3, Box 49,Kearneysville, WV 25430

III. National Marine Fisheries ServiceOffices

The National Marine Fisheries Service isdeveloping a database to provide county andterritorial water (up to three miles offshore)information on the presence of endangeredand threatened species and critical habitat.The database should be found at the ‘‘Officeof Protected Resources’’ site on the NMFSHomepage at http://www.nmfs.gov.

Regional and Field Offices—NortheastRegion

Protected Resources Program, NationalMarine Fisheries Service, NortheastRegion, One Blackburn Drive, Gloucester,Massachusetts 01930

Milford Field Office, National MarineFisheries Service, 212 Rogers Avenue,Milford, Connecticut 06460

Oxford Field Office, National MarineFisheries Service, 904 So. Morris Street,Oxford, Maryland 21654

Sandy Hook Field Office, James J. HowardMarine Sciences Laboratory, NationalMarine Fisheries Service, 74 MagruderRoad, Highlands, New Jersey 07732

Protected Species Branch, National MarineFisheries Service, Northeast FisheriesScience Center, 166 Water Street, WoodsHole, Massachusetts 02543

Southeast Region

Protective Species Management Branch,National Marine Fisheries Service,Southeast Region, 9721 Executive CenterDrive, St. Petersburg, Florida 33702–2432

Northwest Region

Protected Species Division, National MarineFisheries Service, Northwest Region, 525NE Oregon, Suite 500, Portland, Oregon97232–2737

Boise Field Office, National Marine FisheriesService, 1387 S. Vinnel Way, Suite 377,Boise, Idaho 83709

Olympia Field Office, National MarineFisheries Service, 510 Desmond Drive, SE,Suite 103, Lacey, Washington 98503



Roseburg Field Office, National MarineFisheries Service, 2900 Stewart ParkwayNW, Roseburg, Oregon 97470

Rufus Field Office, National Marine FisheriesService, P.O. Box 67, 704 ‘‘E’’ 1st, Rufus,Oregon 97050

Southwest Region

Protected Species Management Division,Southwest Region, National MarineFisheries Service, 501 West Ocean Blvd.,Suite 4200, Long Beach, California 90802–4213

Arcata Field Office, National MarineFisheries Service, 1125 16th Street, Room209, Arcata, California 95521

Eureka Field Office, National MarineFisheries Service, 1330 Bayshore Way,Eureka, California 95501

Pacific Islands Area Field Office, NationalMarine Fisheries Service, 2570 Dole Street,Room 106, Honolulu, Hawaii 96822–2396

Santa Rosa Field Office, Protected ResourcesProgram, National Marine FisheriesService, 777 Sonoma Avenue, Room 325,Santa Rosa, California 95404

Alaska Region

Protected Resources Management, Division,Alaska Region, National Marine FisheriesService, 709 West 9th Street, FederalBuilding 461, P.O. Box 21767, Juneau,Alaska 99802

Anchorage Office, 222 West 7th Avenue, Box10, Anchorage, Alaska 99513–7577

IV. Natural Heritage CentersThe Natural Heritage Network comprises

85 biodiversity data centers throughout theWestern Hemisphere. These centers collect,organize, and share data relating toendangered and threatened species andhabitat. The network was developed toinform land-use decisions for developers,corporations, conservationists, andgovernment agencies and is also consultedfor research and educational purposes. Thecenters maintain a Natural Heritage NetworkControl Server Website (http://www.heritage.tnc.org) which provideswebsite and other access to a large numberof specific biodiversity centers. Some of thesecenters are listed below:Alabama Natural Heritage Program,

Huntingdon College, Massey Hall, 1500East Fairview Avenue, Montgomery, AL36106–2148, (334) 834–4519 Fax: (334)834–5439, Internet: [email protected]

Alaska Natural Heritage Program, Universityof Alaska Anchorage, 707 A Street,Anchorage, AK 99501, 907/257–2702 Fax:907/258–9139, Program Director: DavidDuffy, 257–2707, Internet:[email protected]

Arizona Heritage Data Management System,Arizona Game & Fish Department, WM–H,2221 W. Greenway Road, Phoenix, AZ85023, 602/789–3612 Fax: 602/789–3928,Internet: [email protected] Internet:[email protected]

Arkansas Natural Heritage Commission, Suite1500, Tower Building, 323 Center Street,Little Rock, AR 72201, 501/324–9150 Fax:501/324–9618, Director: Harold K.Grimmett, –9614

California Natural Heritage Division,Department of Fish & Game, 1220 S Street,

Sacramento, CA 95814, 916/322–2493 Fax:916/324–0475

Colorado Natural Heritage Program, ColoradoState University, 254 General ServicesBuilding, Fort Collins, CO 80523, 970/491–1309 Fax: 970/491–3349

Connecticut Natural Diversity Database,Natural Resources Center, Department ofEnvironmental Protection, 79 Elm Street,Store Level, Hartford, CT 06106–5127, 860/424–3540 Fax: 860/424–4058

Delaware Natural Heritage Program, Divisionof Fish & Wildlife, Department of NaturalResources & Environmental Control, 4876Hay Point Landing Road Smyrna, DE19977, 302/653–2880 Fax: 302/653–3431

District of Columbia Natural HeritageProgram, 13025 Riley’s Lock Road,Poolesville, MD 20837, 301/427–1302 Fax:301/427–1355

Florida Natural Areas Inventory, 1018Thomasville Road, Suite 200–C,Tallahassee, FL 32303, 904/224–8207 Fax:904/681–9364

Florida Natural Areas Inventory, Eglin AirForce Base, P.O. Box 1150, Niceville, FL32588, 904/883–6451 Fax: 904/682–8381

Georgia Natural Heritage Program, WildlifeResources Division, Georgia Department ofNatural Resources, 2117 U.S. Highway 278S.E., Social Circle, GA 30279, 706/557–3032 or 770/918–6411, Fax: 706/557–3033or 706/557–3040 Internet:[email protected]

Hawaii Natural Heritage Program, The NatureConservancy of Hawaii, 1116 Smith Street,Suite 201, Honolulu, HI 96817, 808/537–4508 Fax: 808/545–2019

Idaho Conservation Data Center, Departmentof Fish & Game, 600 South Walnut Street,Box 25, Boise, ID 83707–0025, 208/334–3402 Fax: 208/334–2114

Illinois Natural Heritage Division,Department of Natural Resources, Divisionof Natural Heritage, 524 South SecondStreet, Springfield, IL 62701–1787, 217/785–8774 Fax: 217/785–8277

Illinois Nature Preserves Commission,Director: Carolyn Grosboll, Deputy Dir/Steward: Randy Heidorn, Deputy Dir/Protect: Don McFall, Office Specialist:Karen Tish, 217/785–8774 Fax: 217/785–8277

Indiana Natural Heritage Data Center,Division of Nature Preserves, Departmentof Natural Resources, 402 WestWashington Street, Room W267,Indianapolis, IN 46204, 317/232–4052 Fax:317/233–0133

Iowa Natural Areas Inventory, Department ofNatural Resources, Wallace State OfficeBuilding, Des Moines, IA 50319–0034, Fax:515/281–6794, Coordinator/Zoologist:Daryl Howell, 515/281–8524

Kansas Natural Heritage Inventory, KansasBiological Survey, 2041 Constant Avenue,Lawrence, KS 66047–2906, 913/864–3453Fax: 913/864–5093

Kentucky Natural Heritage Program,Kentucky State Nature PreservesCommission, 801 Schenkel Lane,Frankfort, KY 40601, 502/573–2886 Fax:502/573–2355

Louisiana Natural Heritage Program,Department of Wildlife & Fisheries, P.O.Box 98000, Baton Rouge, LA 70898–9000,504/765–2821 Fax: 504/765–2607

Maine Natural Areas Program, Department ofConservation (FedEx/UPS: 159 HospitalStreet), 93 State House Station, Augusta,ME 04333–0093, 207/287–8044 Fax: 207/287–8040, Internet: [email protected] Website: http://www.state.me.us/doc/mnap/home.htm

Maryland Heritage & BiodiversityConservation Programs, Department ofNatural Resources, Tawes State OfficeBuilding, E–1, Annapolis, MD 21401, 410/260–8540 Fax: 410/260–8595, Web site:http://www.heritage.tnc.org/nhp/us/md/

Massachusetts Natural Heritage &Endangered Species Program, Division ofFisheries & Wildlife, Route 135,Westborough, MA 01581 508/792–7270ext. 200 Fax: 508/792–7275

Michigan Natural Features Inventory, MasonBuilding, 5th floor (FedEx/UPS: 530 WAllegan, 48933), Box 30444, Lansing, MI48909–7944, 517/373–1552 Fax: 517/373–6705, Director: Leni Wilsmann, 373–7565,Internet: [email protected]

Minnesota Natural Heritage & NongameResearch, Department of NaturalResources, 500 Lafayette Road, Box 7, St.Paul, MN 55155, 612/297–4964 Fax: 612/297–4961

Mississippi Natural Heritage Program,Museum of Natural Science, 111 NorthJefferson Street, Jackson, MS 39201–2897,601/354–7303 Fax: 601/354–7227

Missouri Natural Heritage Database, MissouriDepartment of Conservation, P.O. Box 180(FedEx: 2901 West Truman Blvd), JeffersonCity, MO 65102–0180, 573/751–4115 Fax:573/526–5582

Montana Natural Heritage Program, StateLibrary Building, 1515 E. 6th Avenue,Helena, MT 59620, 406/444–3009 Fax:406/444–0581, Internet:[email protected], Homepage/WorldWide Web: http://nris.msl.mt.gov/mtnhp/nhp-dir.html

Navajo Natural Heritage Program, P.O. Box1480, Window Rock, Navajo Nation, AZ86515, (520) 871–7603, (520) 871–7069(FAX)

Nebraska Natural Heritage Program, Gameand Parks Commission, 2200 North 33rdStreet, P.O. Box 30370, Lincoln, NE 68503,402/471–5421 Fax: 402/471–5528

Nevada Natural Heritage Program,Department of Conservation & NaturalResources, 1550 E. College Parkway, Suite145, Carson City, NV 89706–7921, 702/687–4245 Fax: 702/885–0868

New Hampshire Natural Heritage Inventory,Department of Resources & EconomicDevelopment, 172 Pembroke Street, P.O.Box 1856, Concord, NH 03302, 603/271–3623 Fax: 603/271–2629

New York Natural Heritage Program,Department of EnvironmentalConservation, 700 Troy-Schenectady Road,Latham, NY 12110–2400, 518/783–3932Fax: 518/783–3916, Computer: 518/783–3946

North Carolina Heritage Program, NCDepartment of Environment, Health &Natural Resources, Division of Parks &Recreation, P.O. Box 27687, Raleigh, NC27611–7687, 919–733–4181 Fax: 919/715–3085

North Dakota Natural Heritage Inventory,North Dakota Parks & Recreation



Department, 1835 Bismarck Expressway,Bismarck, ND 58504, 701/328–5357 Fax:701/328–5363

Ohio Natural Heritage Data Base, Division ofNatural Areas & Preserves, Department ofNatural Resources, 1889 Fountain Square,Building F–1, Columbus, OH 43224, 614/265–6453 Fax: 614/267–3096

Oklahoma Natural Heritage Inventory,Oklahoma Biological Survey, 111 EastChesapeake Street, University ofOklahoma, Norman, OK 73019–0575, 405/325–1985 Fax: 405/325–7702, Web site:http://obssun02.uoknor.edu/biosurvey/onhi/home.html

Oregon Natural Heritage Program, OregonField Office, 821 SE 14th Avenue,Portland, OR 97214 503/731–3070; 230–1221 Fax: 503/230–9639

Pennsylvania Natural Diversity Inventory(East, West, Central)

* Pennsylvania Natural Diversity Inventory—East, The Nature Conservancy, 34 AirportDrive, Middletown, PA 17057, 717/948–3962 Fax: 717/948–3957

* Pennsylvania Natural Diversity Inventory—West, Western Pennsylvania Conservancy,Natural Areas Program, 316 FourthAvenue, Pittsburgh, PA 15222, 412/288–2777 Fax: 412/281–1792

* Pennsylvania Natural Diversity Inventory—Central, Bureau of Forestry, P.O. Box 8552,Harrisburg, PA 17105–8552, 717/783–0388Fax: 717/783–5109

Puerto Rico Natural Heritage Program,Division de Patrimonio Natural, Area dePlanificacion Integral, Departamento deRecursos Naturales y Ambientales dePuerto Rico, P.O. Box 5887, Puerta deTierra, Puerto Rico 00906, Tel: 787–722–1726, Fax: 787–725–9526

Rhode Island Natural Heritage Program,Department of EnvironmentalManagement, Division of Planning &Development, 83 Park Street, Providence,RI 02903, 401/277–2776, x4308 Fax: 401/277–2069

South Carolina Heritage Trust, SCDepartment of Natural Resources, P.O. Box167, Columbia, SC 29202, 803/734–3893Fax: 803/734–6310 (Call first)

South Dakota Natural Heritage Data Base, SDDepartment of Game, Fish & Parks WildlifeDivision, 523 E. Capitol Avenue, Pierre, SD57501–3182, 605/773–4227 Fax: 605/773–6245

Tennessee Division of Natural Heritage,Department of Environment &Conservation, 401 Church Street, Life andCasualty Tower, 8th Floor, Nashville, TN37243–0447, 615/532–0431 Fax: 615/532–0614

Texas Biological and Conservation DataSystem, 3000 South IH–35, Suite 100,Austin, TX 78704, 512/912–7011 Fax: 512/912–7058

U.S. Virgin Islands Conservation Data Center,Eastern Caribbean Center, University of theVirgin Islands, No. 2 John Brewers Bay, St.Thomas, VI 00802, (809) 693–1030 [Voice](809) 693–1025, [Fax], Home Page:cdc.uvi.edu, E-Mail:[email protected]

Utah Natural Heritage Program, Division ofWildlife Resources, 1596 West NorthTemple, Salt Lake City, UT 84116, 801/538–4761 Fax: 801/538–4709

Vermont Nongame & Natural HeritageProgram, Vermont Fish & WildlifeDepartment, 103 S. Main Street, 10 South,Waterbury, VT 05671–0501, 802/241–3700Fax: 802/241–3295

Virginia Division of Natural Heritage,Department of Conservation & Recreation,Main Street Station, 1500 E. Main Street,Suite 312, Richmond, VA 23219, 804/786–7951 Fax: 804/371–2674

Washington Natural Heritage Program,Department of Natural Resources, (FedEx:1111 Washington Street, SE), P.O. Box47016, Olympia, WA 98504–7016, 360/902–1340 Fax: 360/902–1783

West Virginia Natural Heritage Program,Department of Natural Resources,Operations Center, Ward Road, P.O. Box67, Elkins, WV 26241, 304/637–0245 Fax:304/637–0250

Wisconsin Natural Heritage Program,Endangered Resources, Department ofNatural Resources, 101 S. Webster Street,Box 7921, Madison, WI 53707, 608/266–7012 Fax: 608/266–2925

Wyoming Natural Diversity Database, 1604Grand Avenue, Suite 2, Laramie, WY82070, 307/745–5026 Fax: 307/745–5026(Call first), Internet: [email protected]

Addendum B—Historic PropertiesGuidance

Applicants must determine whether theirfacility’s storm water discharges, allowablenon-storm water discharges, or constructionof best management practices (BMPs) tocontrol such discharges, has potential toaffect a property that is either listed oreligible for listing on the National Register ofHistoric Places.

For existing dischargers who do not needto construct BMPs for permit coverage, asimple visual inspection may be sufficient todetermine whether historic properties areaffected. However, for facilities which arenew industrial storm water dischargers andfor existing facilities which are planning toconstruct BMPs for permit eligibility,applicants should conduct further inquiry todetermine whether historic properties may beaffected by the storm water discharge orBMPs to control the discharge. In suchinstances, applicants should first determinewhether there are any historic properties orplaces listed on the National Register or ifany are eligible for listing on the register (e.g.,they are ‘‘eligible for listing’’).

Due to the large number of entities seekingcoverage under this permit and the limitednumber of personnel available to State andTribal Historic Preservation Officersnationwide to respond to inquiriesconcerning the location of historic properties,EPA suggests that applicants first access the‘‘National Register of Historic Places’’information listed on the National ParkService’s web page (see Part I of thisaddendum). Addresses for State HistoricPreservation Officers and Tribal HistoricPreservation Officers are listed in Parts II andIII of this addendum, respectively. Ininstances where a Tribe does not have aTribal Historic Preservation Officer,applicants should contact the appropriateTribal government office when responding to

this permit eligibility condition. Applicantsmay also contact city, county or other localhistorical societies for assistance, especiallywhen determining if a place or property iseligible for listing on the register.

The following three scenarios describe howapplicants can meet the permit eligibilitycriteria for protection of historic propertiesunder this permit:

(1) If historic properties are not identifiedin the path of a facility’s storm water andallowable non-storm water discharges orwhere construction activities are planned toinstall BMPs to control such discharges (e.g.,diversion channels or retention ponds), thenthe applicant has met the permit eligibilitycriteria under Part 1.2.3.7.1.

(2) If historic properties are identified butit is determined that they will not be affectedby the discharges or construction of BMPs tocontrol the discharge, the applicant has metthe permit eligibility criteria under Part1.2.3.7.1.

(3) If historic properties are identified inthe path of a facility’s storm water andallowable non-storm water discharges orwhere construction activities are planned toinstall BMPs to control such discharges, andit is determined that there is the potential toadversely affect the property, the applicantcan still meet the permit eligibility criteriaunder Part 1.2.3.7.2 if he/she obtains andcomplies with a written agreement with theappropriate State or Tribal HistoricPreservation Officer which outlines measuresthe applicant will follow to mitigate orprevent those adverse effects. The contents ofsuch a written agreement must be includedin the facility’s Storm Water PollutionPrevention Plan. The NOI form is beingamended to include which option wasselected to demonstrate compliance withNHPA provisions. EPA will notify applicantswhen the new NOI form takes effect.

In situations where an agreement cannot bereached between an applicant and the Stateor Tribal Historic Preservation Officer,applicants should contact the AdvisoryCouncil on Historic Preservation listed inPart IV of this addendum for assistance.

The term ‘‘adverse effects’’ includes but isnot limited to damage, deterioration,alteration or destruction of the historicproperty or place. EPA encourages applicantsto contact the appropriate State or TribalHistoric Preservation Officer as soon aspossible in the event of a potential adverseeffect to a historic property.

Applicants are reminded that they mustcomply with applicable State, Tribal andlocal laws concerning the protection ofhistoric properties and places.

I. Internet Information on the NationalRegister of Historic Places

An electronic listing of the ‘‘NationalRegister of Historic Places,’’ as maintained bythe National Park Service on its NationalRegister Information System (NRIS), can beaccessed on the Internet at ‘‘http://www.nr.nps.gov/nrishome.htm’’. Rememberto use small case letters when accessingInternet addresses.



II. State Historic Preservation Officers(SHPO)

SHPO and Deputy SHPO List:Alabama

Dr. Lee Warner, SHPO, Alabama HistoricalCommission, 468 South Perry Street,Montgomery, AL 36130–0900, 334–242–3184 FAX: 334–240–3477, E-Mail:[email protected]/

Deputy: Ms. Elizabeth Ann Brown, E-Mail:[email protected]

Alaska

Ms. Judith Bittner, SHPO, Alaska Departmentof Natural Resources, Office of History &Archeology, 550 West 7th Avenue, Suite1310, Anchorage, AK 99501–3565, 907–269–8721 FAX: 907–269–8908, E-Mail:[email protected]

Deputy: Joan Antonson, www.dnr.state.ak.us/parks/oha_web

American Samoa

Mr. John Enright, HPO, Executive Offices ofthe Governor, American Samoa HistoricPreservation Office, American SamoaGovernment, Pago Pago, American Samoa96799, 011–684–633–2384 FAX: 684–633–2367, E-Mail: [email protected]

Deputy: Mr. David J. Herdrich, E-Mail:[email protected]

Arizona

Mr. James W. Garrison, SHPO, Arizona StateParks, 1300 West Washington, Phoenix, AZ85007, 602–542–4174 FAX: 602–542–4180,E-Mail: [email protected]

Deputy: Ms. Carol Griffith, E-Mail:[email protected]

Arkansas

Ms. Cathryn B. Slater, SHPO, ArkansasHistoric Preservation Program, 323 CenterStreet, Suite 1500, Little Rock, AR 72201,501–324–9880 FAX: 501–324–9184, E-Mail: [email protected]

Deputy: Mr. Ken Grunewald, 501–324–9356,E-Mail: [email protected]

California

Daniel Abeyta, Acting SHPO, Ofc of HistPres, Dept Parks & Recreation, P.O. Box942896, Sacramento CA 94296–0001, 916–653–6624 FAX: 916–653–9824, E-Mail:[email protected]

Deputy: http://cal-parks.ca.gov

Colorado

Ms. Georgianna Contiguglia, SHPO, ColoradoHistorical Society, 1300 Broadway, Denver,CO 80203, 303–866–3395 FAX: 303–866–4464,

Deputy: Mr. Mark Wolfe, 303–866–2776,FAX: 303–866–2041, E-Mail:[email protected]

Deputy: Dr. Susan M. Collins, 303–866–2736,E-Mail: [email protected]

Tech Ser: Ms. Kaaren Hardy, 303–866–3398,E-Mail: [email protected]

Connecticut

Mr. John W. Shannahan, SHPO, ConnecticutHistorical Commission, 59 So. ProspectStreet, Hartford, CT 06106, 860–566–3005FAX: 860–566–5078, E-Mail:[email protected]

Deputy: Dr. Dawn Maddox, Pres ProgramsSup

Delaware

Mr. Daniel Griffith, SHPO, Division ofHistorical and Cultural Affairs, P.O. Box1401, Dover, DE 19903, 302–739–5313FAX: 302–739–6711, E-Mail:[email protected]

Deputy: Ms. Joan Larrivee, Delaware StateHist Preservation Office, 15 The Green,Dover, DE 19901, 302–739–5685 FAX:302–739–5660, E-Mail:[email protected]

District of Columbia

Mr. Gregory McCarthy, SHPO, HistoricPreservation Division, Suite 305, 941 N.Capitol Street, NE., Room 2500,Washington, DC 20002, 202–442–4570FAX: 202–442–4860, www.dcra.org

Deputy: Mr. Stephen J. Raiche

Florida

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

Georgia

Mr. Lonice C. Barrett, SHPO, HistoricPreservation Division/DNR, 156 TrinityAvenue, SW, Suite 101, Atlanta, GA30303–3600, 404–656–2840 FAX 404–651–8739

Deputy: Dr. W. Ray Luce, Director, E-Mail:[email protected]

Deputy: Ms. Carole Griffith, E-Mail:[email protected]

Deputy: Mr. Richard Cloues, E-Mail:[email protected]. state.ga.us/dnr/histpres/

Guam

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

Hawaii

Mr. Timothy Johns, SHPO, Department ofLand & Natural Resources, P.O. Box 621,Honolulu, HI 96809, 808–587–0401

Deputy: Ms. Janet Kawelo,Deputy: Dr. Don Hibbard, State Historic

Preservation Division, KakuhihewaBuilding, Suite 555, 601 KamokilaBoulevard, Kapolei, HI 96707, 808–692–8015 FAX: 808–692–8020, E-Mail:[email protected]/dlnr

Idaho

Steve Guerber, SHPO, Idaho State HistoricalSociety, 1109 Main Street, Suite 250, Boise,ID 83702–5642, 208–334–2682

Deputy: Suzi Neitzel, 208–334–3847 FAX:208–334–2775, E-Mail:[email protected]

Deputy: Ken Reid, 208–334–3861

Illinois

Mr. William L. Wheeler, SHPO, AssociateDirector, Illinois Historic PreservationAgency, 1 Old State Capitol Plaza,Springfield, IL 62701–1512, 217–785–1153FAX: 217–524–7525

Deputy: Mr. Theodore Hild, Chief of Staff, E-Mail: [email protected],

Deputy: Ms. Anne Haaker

Indiana

Mr. Larry D. Macklin, SHPO, Director,Department of Natural Resources, 402 WestWashington Street, Indiana Govt. CenterSouth, Room W256, Indianapolis, IN46204, E-Mail: [email protected]

Deputy: Jon C. Smith, 317–232–1646 FAX:317–232–0693, E-Mail:[email protected]

Iowa

Mr. Tom Morain, SHPO, State HistoricalSociety of Iowa, Capitol Complex, East 6thand Locust St., Des Moines, IA 50319, 515–281–5419 FAX: 515–242–6498, E-Mail:[email protected]

Ms. Patricia Ohlerking, DSHPO, 515–281–8824 FAX: 515–282–0502,[email protected]

Kansas

Dr. Ramon S. Powers, SHPO, ExecutiveDirector, Kansas State Historical Society,6425 Southwest 6th Avenue, Topeka, KS66615–1099, 785–272–8681 x205 FAX:785–272–8682, E-Mail:[email protected]

Deputy: Mr. Richard D. Pankratz, Director,Historic Pres Dept 785–272–8681 x217

Deputy: Dr. Cathy Ambler, 785–272–8681x215 E-Mail: [email protected]

Kentucky

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

Louisiana

Ms. Gerri Hobdy, SHPO, Dept of Culture,Recreation & Tourism, P.O. Box 44247,Baton Rouge, LA 70804, 225–342–8200FAX 225–342–8173

Deputy: Mr. Robert Collins 225–342–8200, E-Mail: [email protected]

Deputy: Mr. Jonathan Fricker 225–342–8160,E-Mail: [email protected]

Maine

Mr. Earle G. Shettleworth, Jr., SHPO, MaineHistoric Preservation Commission, 55Capitol Street, Station 65, Augusta, ME04333, 207–287–2132 FAX 207–287–2335,E-Mail: [email protected]

Deputy: Dr. Robert L. Bradleyjanus.state.me.us/mhpc/

Marshall Islands, Republic of the

Mr. Fred deBrum, HPO, Secretary of Interiorand Outer Islands Affairs, P.O. Box 1454,Majuro Atoll, Republic of the MarshallIslands 96960, 011–692–625–4642, FAX:011–692–625–5353

Deputy: Clary Makroro, E-Mail:[email protected]



Maryland

Mr. J. Rodney Little, SHPO, MarylandHistorical Trust, 100 Community Place,Third Floor, Crownsville, MD 21032–2023,410–514–7600 FAX 410–514–7678, E-Mail:[email protected]

Deputy: Mr. William J. Pencek, Jr., http://www.ari.net/mdshpo

Massachusetts

Ms. Judith McDonough, SHPO,Massachusetts Historical Commission, 220Morrissey Boulevard, Boston, MA 02125,617–727–8470 FAX: 617–727–5128, TTD:1–800–392–6090, E-Mail:[email protected]

Deputy: Ms. Brona Simon, Dir TechnicalServs E-Mail: [email protected]. state.ma.us/sec/mhc

Michigan

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

Micronesia, Federated States Of

Mr. Rufino Mauricio, FSM HPO, Office ofAdministrative Services, Div of Archivesand Historic Preservation, FSM NationalGovernment, P.O. Box PS 35, Palikir,Pohnpei, FM 96941, 011–691–320–2343FAX: 691–320–5634, E-mail:[email protected]

FSM includes four States, whose HPOs arelisted below: Mr. John Tharngan, HPO, YapHistoric Preservation Office, Office of theGovernor, PO Box 714, Colonia, Yap, FM96943, 011–691–350–4226 FAX: 691–350–3898, E-Mail: [email protected]

HPO, Div Land mgmt & Natural Resources,Department of Commerce & Industry, POBox 280, Moen, Chuuk (Truk), FM 96942,011–691–330–2552/2761 FAX: 691–330–4906, Mr. David W. Panuelo, HPO, Dir,Dept of Land, Pohnpei State Government,P.O. Box 1149, Kolonia, Pohnpei, FM96941, 011–691–320–2611 FAX: 011–691–320–5599, E-Mail: [email protected]

Mr. Berlin Sigrah, Kosrae HPO, Div of LandManagement & Preservation, Dept ofAgriculture & Lands, PO Box 82, Kosrae,FM 96944, 011–691–370–3078 FAX: 011–691–370–3767, E-Mail: [email protected]

Minnesota

Dr. Nina Archabal, SHPO, MinnesotaHistorical Society, 345 Kellogg BoulevardWest, St. Paul, MN 55102–1906, 651–296–2747 FAX: 651–296–1004

Deputy: Dr. Ian Stewart, 651–297–5513,Deputy: Ms. Britta L. Bloomberg, 651–296–

5434 FAX: 651–282–2374, E-Mail:[email protected] www.mnhs.org

Mississippi

Mr. Elbert Hilliard, SHPO, Mississippi Deptof Archives & History, P.O. Box 571,Jackson, MS 39205–0571, 601–359–6850,

Deputy: Mr. Kenneth H. P’Pool, Division ofHistoric Preservation, 601–359–6940 FAX:601–359–6955, [email protected]

Missouri

Mr. Stephen Mahfood, SHPO, StateDepartment of Natural Resources, 205Jefferson, P.O. Box 176, Jefferson City, MO65102, 573–751–4422 FAX: 573–751–7627

Deputy: Ms. Claire F. Blackwell, HistoricPreservation Prog, Div of State Parks, 100E. High Street, Jefferson City, MO 65101,573–751–7858 FAX: 573–526–2852, E-Mail: [email protected]

Deputy: Dr. Douglas K. Eiken,www.mostateparks.com

Montana

Dr. Mark F. Baumler, SHPO, State HistoricPreservation Office, 1410 8th Avenue, P.O.Box 201202, Helena, MT 59620–1202, 406–444–7717 FAX 406–444–6575, E-Mail:[email protected]

Deputy: Mr. Herbert E. Dawson,www.hist.state.mt.us

Nebraska

Mr. Lawrence Sommer, SHPO, NebraskaState Historical Society, P.O. Box 82554,1500 R Street, Lincoln, NE 68501, 402–471–4745 FAX: 402–471–3100, E-Mail:[email protected]

Deputy: Mr. L. Robert Puschendorf, 402–471–4769 FAX: 402–471–3316

Nevada

Mr. Ronald James, SHPO, HistoricPreservation Office, 100 N Stewart Street,Capitol Complex, Carson City, NV 89701–4285, 775–684–3440 FAX: 775–684–3442

Deputy: Ms. Alice Baldrica, 775–684–3444,E-Mail: [email protected]

New Hampshire

Ms. Nancy C. Dutton, Director/SHPO, NHDivision of Historical Resources, P.O. Box2043, Concord, NH 03302–2043, 603–271–6435 FAX: 603–271–3433, TDD: 800–735–2964, E-Mail: [email protected]

Deputy: Ms. Linda Ray Wilson, 603–271–6434 or 603–271–3558, E-Mail:[email protected] www.state.nh.us/nhdhr

New Jersey

Mr. Robert C. Shinn, SHPO, Dept of EnvironProtection, 401 East State Street, PO Box402, Trenton, NJ 08625, 609–292–2885FAX: 609–292–7695

Deputy: Mr. James Hall, Natural and HistoricResources, 501 East State Street, PO Box404, Trenton, NJ 08625, 609–292–3541FAX: 609–984–0836

Deputy: Ms. Dorothy Guzzo, Natural andHistoric Resources, Historic PreservationOffice, 609–984–0176 FAX: 609–984–0578,E-Mail: [email protected]

New Mexico

Elmo Baca, SHPO, Historic Preservation Div,Ofc of Cultural Affairs, 228 East PalaceAvenue, Santa Fe, NM 87503, 505–827–6320 FAX: 505–827–6338

Deputy: Dorothy Victor, E-Mail:[email protected]

Deputy: Jan Biella, E-Mail:[email protected] www.museums.state.nm.us/hpd

New York

Ms. Bernadette Castro, SHPO, Parks,Recreation & Historic Preservation, Agency

Building #1, Empire State Plaza, Albany,NY 12238, 518–474–0443

Deputy: Mr. J. Winthrop Aldrich, Deputy,518–474–9113 FAX 518–474–4492

Historic Preservation Staff: Ms. Ruth L.Pierpont, Director, Bureau of FieldServices, NY State Parks, Rec. & Hist. Pres.,Peebles Island PO 189, Waterford, NY12188–0189, 518–237–8643 x 3269 FAX518–233–9049, E-Mail: [email protected] www.nysparks.com

North Carolina

Dr. Jeffrey J. Crow, SHPO, Division ofArchives & History, 4610 Mail ServiceCenter, Raleigh, NC 27699–4610, 919–733–7305 FAX: 919–733–8807, E-Mail:[email protected]

Deputy: Mr. David Brook, HistoricPreservation Office, 4617 Mail ServiceCenter, Raleigh, NC 27699–4617, 919–733–4763 FAX: 919–733–8653, E-Mail:[email protected] http://www.hpo.dcr.state.nc.us

North Dakota

Mr. Samuel Wegner, SHPO, State HistoricalSociety of North Dakota, 612 E. BoulevardAve., Bismarck, ND 58505, 701–328–2666FAX: 701–328–3710, [email protected]/hist

Deputy: Mr. Merl Paaverud, 701–328–2672

Northern Mariana Islands, Commonwealth ofthe

Mr. Joseph P. DeLeon Guerrero, HPO, Dept ofCommunity & Cultural Affairs, Division ofHistoric Preservation, Airport Road,Northern Mariana Islands, Saipan, MP96950, 670–664–2125 FAX 670–664–2139,E-Mail: [email protected]

Deputy: Mr. Scott Russell, 670–664–2121

Ohio

Mr. Amos J. Loveday, SHPO, Ohio HistoricPreservation Office, 567 E Hudson Street,Columbus, OH 43211–1030, 614–297–2600FAX: 614–297–2233, E-Mail:[email protected]

Deputy: Mr. Franco Ruffini, 614–297–2470FAX: 614–297–2496, E-Mail: [email protected] www.ohiohistory.org/resource/histpres

Oklahoma

Dr. Bob L. Blackburn, SHPO, OklahomaHistorical Society, 2100 N. Lincoln Blvd.,Oklahoma City, OK 73105, 405–521–2491FAX 405–521–2492, www.ok-history.mus.ok.us

Deputy: Ms. Melvena Thurman Heisch, StateHistoric Preservation Office, 2704 VillaProm, Shepherd Mall, Oklahoma City, OK73107 405–522–4484 FAX: 405–947–2918,E-Mail: [email protected]

Oregon

Mr. Michael Carrier, SHPO, State Parks &Recreation Department, 1115 CommercialStreet, NE, Salem, OR 97301–1012, 503–378–5019 FAX 503–378–8936

Deputy: Mr. James Hamrick, 503–378–4168x231 FAX 503–378–6447, E-Mail:james.hamrick@ state.or.uswww.prd.state.or.us/about_shpo.html

Palau, Republic of

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



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

Pennsylvania

Dr. Brent D. Glass, SHPO, PennsylvaniaHistorical & Museum Comm, P.O. Box1026, Harrisburg, PA 17108, 717–787–2891

Deputy: Ms. Brenda Barrett, Bur for HistoricPres, 717–787–4363 FAX: 717–772–0920,E-Mail: brenda_barrett@ phmc.state.pa.us

Puerto Rico, Commonwealth of

Ms. Lilliane D. Lopez, SHPO, Office ofHistoric Preservation, Box 82, La Fortaleza,Old San Juan, Puerto Rico 00901, 787–721–2676 or 3737 FAX 787–723–0957

Deputy: Berenice Sueiro, E-Mail:[email protected]

Rhode Island

Mr. Frederick C. Williamson, SHPO, RhodeIsland Historic Preservation & HeritageComm, Old State House, 150 Benefit St.,Providence, RI 02903, 401–222–2678 FAX:401–222–2968

Deputy: Mr. Edward F. Sanderson, E-Mail:[email protected]

South Carolina

Dr. Rodger E. Stroup, SHPO, Department ofArchives & History, 8301 Parklane Road,Columbia, SC 29223–4905, 803–896–6100FAX 803–896–6167

Deputy: Ms. Mary W. Edmonds, 803–896–6168, E-Mail: edmonds@ scdah.state.sc.ushttp://www. state.sc.us/scdah/

South Dakota

Mr. Jay D. Vogt, SHPO, State HistoricPreservation Office, Cultural HeritageCenter, 900 Governors Drive, Pierre, SD57501, 605–773–3458 FAX 605–773–6041,E-Mail: [email protected] http://www.state.sd.us/state/executive/deca/cultural/histpres.htm

Tennessee

Mr. Milton Hamilton, SHPO, Dept ofEnvironment and Conservation, 401Church Street, L & C Tower 21st Floor,Nashville, TN 37243–0435, 615–532–0109FAX: 615–532–0120

Deputy: Mr. Herbert L. Harper, TennesseeHistorical Commission, 2941 LebanonRoad, Nashville, TN 37243–0442, 615–532–1550 FAX: 615–532–1549,www.state.tn.us/environment/hist/hist.htm

Texas

Mr. F. Lawerence Oaks, SHPO, TexasHistorical Commission, P.O. Box 12276,Austin, TX 78711–2276, 512–463–6100FAX: 512–475–4872, E-Mail:[email protected]

Deputy: Mr. James Wright Steely, Dir Nat’lReg Prog, 512–463–5868 FAX: 512–475–3122, E-Mail: [email protected]

Deputy: Mr. Stanley O. Graves, Dir,Architecture Div, 512–463–6094 FAX:512–463–6095, E-Mail:[email protected]

Deputy: Dr. James E. Bruseth, Dir AntiquitiesProt, 512–463–6096 FAX: 512–463–8927,E-Mail: [email protected]

Utah

Mr. Max Evans, SHPO, Utah State HistoricalSociety, 300 Rio Grande, Salt Lake City, UT84101, 801–533–3500 FAX: 801–533–3503

Deputy: Mr. Wilson Martin, E-Mail:[email protected] http://history.utah.org

Vermont

Ms. Emily Wadhams, SHPO, VermontDivision for Historic Preservation, NationalLife Building, Drawer 20, Montpelier, VT05620–0501, 802–828–3211, E-Mail:[email protected]

Deputy: Mr. Eric Gilbertson, Director, 802–828–3043 FAX 802–828–3206, E-Mail:ergilbertson@ dca.state.vt.uswww.state.vt.us/dca/historic/

Virgin Islands

Mr. Dean C. Plaskett, Esq., SHPO,Department of Planning & NaturalResources, Cyril E. King Airport, TerminalBuilding—Second Floor, St. Thomas, VI00802, 340–774–3320 FAX: 340–775–5706

Deputy: Ms. Claudette C. Lewis, 340–776–8605 FAX: 340–776–7236

Virginia

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

Deputy: Kathleen Kilpatrick

Washington

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

Deputy: Mr. Greg Griffith, 360–407–0753, E-Mail: [email protected]

West Virginia

Ms. Renay Conlin, SHPO, West VirginiaDivision of Culture & History, HistoricPreservation Office, 1900 KanawhaBoulevard East, Charleston, WV 25305–0300, 304–558–0220 FAX: 304–558–2779,E-Mail: [email protected]

Deputy: Ms. Susan Pierce, E-Mail:[email protected]

Wisconsin

Mr. George L. Vogt, SHPO, State HistoricalSociety of Wisconsin, 816 State Street,Madison WI 53706, 608–264–6500 FAX:608–264–6404, E-Mail:[email protected]

Deputy: Ms. Alicia L. Goehring, E-Mail:algoehring@ mail.shsw.wisc. eduwww.shsw.wisc.edu/ahi/index.html

Wyoming

Ms. Wendy Bredehoft, SHPO, Wyoming StateHist. Pres. Ofc., 2301 Central Avenue, 4thFloor, Cheyenne, WY 82002, 307–777–7013 FAX 307–777–3543, E-Mail:[email protected]

Deputy: Judy K. Wolf, 307–777–6311, E-Mail:[email protected]

Sheila Bricher-Wade, Reg Ser 307–777–6179,E-Mail: [email protected]

Mary M. Hopkins, Cult Records 307–766–5324, http://commerce.state.wy.us/cr/shpo

Associate Members:

Navajo Nation

Dr. Alan Downer, HPO, PO Box 4950,Window Rock, AZ 86515, 520–871–6437

FAX: 520–871–7886, E-Mail:[email protected]

Lac Du Flambeau of Lake Superior BandChippewa Indians

Ms. Patricia A. Hrabik Sebby, THPO, PO Box67, Lac Du Flambeau, WI 54538, 715–588–3303

Leech Lake Band of Chippewa Indians

Ms. Rose A. Kluth, THPO, Leech LakeReservation, RR3, Box 100, Cass Lake, MN56633, 218–335–8200 FAX: 218–335–8309,E-Mail: [email protected]

Turtle Mountain Band of Chippewa Indians

Mr. Kade M. Ferris, THPO, Turtle MountainBand of Chippewa Indians, PO Box 900,Belcourt, ND 58316, E-Mail:[email protected]

National Governors= Association, NationalAlliance of Preservation Commissions,National Trust for Historic Preservation,Preservation Action

NCSHPO Officers, Board and Staff

President: Judith Bittner, Alaska, VicePresident: H. Alexander Wise, Jr.,Secretary: Judith McDonough,Massachusetts, Treasurer: Cathryn Slater,Arkansas

Directors: Brenda Barrett, Pennsylvania,Britta Bloomberg, Minnesota, TheodoreHild, Illinois, Wilson Martin, Utah, AmosLoveday, Ohio, Ken P’Pool, Mississippi,Daniel Abeyta, California, Dorothy Guzzo,New Jersey, Jay Vogt, South Dakota, F.Lawerence Oaks, Texas, Ted Sanderson,Rhode Island, Melvena Heisch, Oklahoma

Executive Director: Nancy [email protected]

Office Manager: Anita [email protected]

Senior Program Manager: Andra [email protected]

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

Associate Director, Cultural Resources, KateStevenson, 202–208–7625

Assistant Director & Manager, CulturalResources, 202–343–9596

Archeology and Ethnography, FrankMcManamon, Program Manager, 202–343–4101

HABS/HAER Division, E. Blaine Cliver,Chief, 202–343–9618

Heritage Preservation Services Program, PatTiller, Chief, 202–343–9569

Preservation Initiatives Branch, BryanMitchell, Chief, 202–343–9558

Technical Preservation Services Branch,Sharon Park, Chief, 202–343–9584,

State, Tribal & Local Programs Branch, JoeWallis, Chief, 202–343–9564

Museum Management Program, AnnHitchcock, Chief Curator, 202–343–9569

National Register, History & Education,Dwight Picaithley, Chief Historian, 202–343–9536

Keeper of the National Register of HistoricPlaces, Carol Shull, 202–343–9536

Park Hist Struct/Cult Landscape Prg, RandallBiallas, Chief Historical Architect, 202–343–9588



National Park Service—Systems SupportOffices

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

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

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

National Trust—http://www.nthp.org

Main Number—Washington, DC, 202–588–6000

Northeast Regional Office, Wendy Nicholas,Dir, 617–523–0885

Northeast Field Office, Patrick Hauck, SrProg Assoc, 215–991–5778

Southern Field Office, Lisa Burcham, Sr ProgAssoc, 202–588–6107

Southern Regional Office, John Hildreth, Dir,843–722–8552

Midwest Regional Office, Jim Mann, Dir,312–939–5547

Southwest Field Office, Jane Jenkins, Dir,817–332–4398

Mountains/Plains Regional Office, BarbaraPahl, Dir, 303–623–1504

Western Regional Office, Elizabeth Goldstein,Dir, 415–956–0610

Preservation Action—www.preservationaction.org

Susan West Montgomery, President, 202–659–0915

Council on America’s Military Past—[email protected]

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

III. Tribal Historic Preservation Officers(THPO)

In instances where a Tribe does not havea Tribal Historic Preservation Officer, pleasecontact the appropriate Tribal governmentoffice when responding to this permiteligibility condition.

Tribal Historic Preservation Officers:

(THPO vacant), Tunica-Biloxi Indians ofLouisiana, P.O. Box 331, Marksville, LA71351

James Bird, Eastern Band of CherokeeIndians, Quallah Boundary, P.O. Box 455,Cherokee, NC 28719

Brenda Boyd, Mille Lacs Band of OjibweIndians, HCR 67, Box 194, Onamia, MN56395

John Brown, Narragansett Indian Tribe, P.O.Box 700, Wyoming, RI 02898

Marcia Cross, Confederated Salish andKootenai Tribes, P.O. Box 278, Pablo, MT59855

William Day, Poarch Band of Creek Indians,5811 Jack Springs Rd., Atmore, AL 36502

Alan S. Downer, Ph.D., Historic PreservationDept., Navajo Nation, P.O. Box 4950,Window Rock, AZ 86515

Kade M. Ferris, Turtle Mountain Band ofChippewa Indians, P.O. Box 900, Belcourt,ND 58316

Adeline Fredin, Confederated Tribes of theColville Reservation, P.O. Box 150,Nespelem, WA 99155

Thomas Gates, Cultural Division, YurokTribe, 1034 6th St., Eureka, CA 95501

David Grignon, Menominee Indian Tribe ofWisconsin, P.O. Box 910, Keshena, WI54135–0910

Monza V. Honga, Office of CulturalResources, Hualapai Tribe, P.O. Box 310,Peach Springs, AZ 86434

Kelly Jackson, Lac du Flambeau, P.O. Box 67,Lac du Flambeau, WI 54538

Manfred (Fred) Jaenig, Confederated Tribes ofthe Umatilla Reservation, P.O. Box 638,Pendleton, OR 97801

Sebastian (Bronco) LeBeau, Cheyenne RiverSioux Tribe, P.O. Box 590, Eagle Butte, SD57625

Tim Mentz, Standing Rock Sioux Tribe, P.O.Box D, Fort Yates, ND 58538

Donna Stern-McFadden, Mescalero ApacheTribe, P.O. Box 227, Mescalero, NewMexico 88340

Scott E. Stuemke, Confederated Tribes ofWarm Springs, Cultural ResourcesDepartment, P.O. Box C, Warm Springs, OR97761

Matthew Vanderhoop, Wampanoag Tribe ofGay Head (Aquinnah), 20 Black BrookRoad, Aquinnah, MA 02535–9701, Phone:(508) 645–9265, Fax: (508) 645–3790

John Welch, White Mt. Apache Tribe, P.O.Box 700, Whiteriver, AZ 85941, Phone:(520) 338–5430, Fax: (520) 338–5488

Gerald White, Leech Lake Band of ChippewaIndians, Route 3, Box 100, Cass Lake, MN56633

Louie J. Wynne, Spokane Tribe of Indians,P.O. Box 100, Wellpinit, WA 99040

For more information: National Associationof Tribal Historic Preservation Officers, D.Bambi Kraus, President, 1411 K Street NW,Suite 700, Washington, DC 20005, Phone:(202) 628–8476, Fax: (202) 628–2241

IV. Advisory Council on HistoricPreservation

Advisory Council on Historic Preservation,1100 Pennsylvania Avenue, NW., Suite809, Washington, DC 20004 Telephone:(202) 606–8503/8505, Fax: (202) 606–8647/8672, E-mail: [email protected]

Addendum C—New SourceEnvironmental Assessments

Basic Format for Environmental Assessment

This is the basic format for theEnvironmental Assessment prepared by EPAfrom the review of the applicant’sEnvironmental Information Document (EID)required for new source NPDES permits.Comprehensive information should beprovided for those items or issues that areaffected; the greater the impact, the moredetailed information needed. The EID shouldcontain a brief statement addressing eachitem listed below, even if the item is notapplicable. The statement should at leastexplain why the item is not applicable.A. General Information

1. Name of applicant2. Type of facility3. Location of facility4. Product manufactured

B. Description Summaries1. Describe the proposed facility and

construction activity2. Describe all ancillary construction not

directly involved with the productionprocesses

3. Describe briefly the manufacturingprocesses and procedures

4. Describe the plant site, its history, andthe general area

C. Environmental Concerns1. Historical and Archeological (include a

statement from the State HistoricalPreservation Officer)

2. Wetlands Protection and 100-yearFloodplain Management (the ArmyCorps of Engineers must be contacted ifany wetland area or floodplain isaffected)

3. Agricultural Lands (a prime farmlandstatement from the Soil ConservationService must be included)

4. Coastal Zone Management and Wild andScenic Rivers

5. Endangered Species Protection and Fishand Wildlife Protection (a statementfrom the U.S. Fish and Wildlife Servicemust be included)

6. Air, Water and Land Issues: quality,effects, usage levels, municipal servicesused, discharges and emissions, runoffand wastewater control, geology andsoils involved, land-use compatibility,solid and hazardous waste disposal,natural and man-made hazards involved.

7. Biota concerns: floral, faunal, aquaticresources, inventories and effects

8. Community Infrastructures available andresulting effects: social, economic,health, safety, educational, recreational,housing, transportation and roadresources.

BILLING CODE 6560–50–P



Addendum D—Notice of Intent Form





Addendum E—Notice of Termination Form





Addendum F—No Exposure Certification Form







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