800R91001
STORM WATER PERMIT
APPLICATION WORKSHOP
January/February 1991
vvEPA
Office of Water Enforcement and Permits
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OBJECTIVES
A. Overview of storm water program (pages A-l - A-13)
- Storm water impacts on water quality
- History of rulemaking
- 1987 Clean Water Act Amendments
- National storm water permit program overview/strategy
B. Municipal applications (pages B-l - B-23)
- Coverage
- Permit Application Requirements
C. Industrial applications (pages C-l - C-26)
- Storm water discharge associated with industrial activity
- Application requirements
- Storm water permitting strategy
NOTES:
A-l
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WATER QUALITY IMPACTS
• Pollution from diffuse sources such as runoff from agriculture and urban
areas is a leading cause of water quality impairment
Diffuse pollution sources are increasingly important as controls for industrial
process dischargers and POTWs are implemented
• 38 states have reported urban runoff as a major cause of use impairment
• 21 states report construction site runoff as a major cause of use impairment
NOTES:
A-2
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WATER QUALITY IMPACTS (CONTINUED)
In some municipalities, illicit connections to separate storm sewers have had a
significant adverse impact Removing illicit discharges provides opportunities
for dramatic improvement in the quality of storm water discharges from urban
areas
One study showed that 14% of the buildings studied within a drainage basin had
improper connections to storm sewers
Storm water has contributed to the impairment of approximately one quarter of
the lakes and estuaries assessed by states and found to be impaired
NOTES:
A-3
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HYDROGRAPH
O
AFTER DEVELOPMENT
BEFORE DEVELOPMENT
TIME
NOTES:
A-4
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HISTORY OF STORM WATER RULEMAKING
• Amendments to the Federal Water Pollution Control Act -1972
• First final rule in 1973
• Subsequent rulemaking reaffirmed regulation of point source
discharges of storm water
• Final rule - September 26,1984
- Group I and Group II
• CWA Amendments - 1987
• Proposed rule - December 7,1988
• Final rule - November 16,1990
NOTES:
A-5
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WATER QUALITY ACT REQUIREMENTS
Overview
General prohibition against issuing permits for discharges composed
entirely of storm water until October 1,1992, except for Phase I
NOTES:
A-6
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WATER QUALITY ACT REQUIREMENTS
• Phase I storm water discharges
- Covered by an NPDES permit before February 4,1987
- Associated with industrial activity
- From a municipal separate storm sewer system serving a population of
250.000 or more
- From a municipal separate storm sewer system serving a population of
100.000 to 250.000
- Designated by the Administrator or State as
a) Contributing to a water quality standard violation, or
b) Being a significant contributor of pollutants to waters of the United
States.
• Phase I permit application requirements
NOTES:
A-7
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WATER QUALITY ACT REQUIREMENTS (CONTINUED)
• Phase II Reports to Congress
• Phase II designation regulations
• Statutory exemptions for agricultural storm water runoff and
uncontaminated storm water runoff from mining and oil & gas activities.
NOTES:
A-8
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REGULATIONS/GUIDANCE/REPORTS
I. Regulations/Guidance
• Application rule - November 16,1990
Municipal guidance
Industrial guidance
• Implementation rule
NOI
DMR
General permit
• Implementation guidance
Municipal guidance
Industrial guidance
II. Reports to Congress
• First report
• Second report
NOTES:
A-9
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SUMMARY OF WATER QUALITY ACT PHASED APPROACH
Phase I
• Prior to 10/1/92, storm water permits are only required for:
- Storm water regulated under an existing permit
- Storm water that is associated with an industrial activity
- Storm water that is discharged from municipal separate storm sewers
serving 100,000 or more persons
- Designated storm water discharges determined by the Administrator
or State Director to contribute to a violation of water quality
standards or that result in significant pollutant loadings to receiving waters
NOTES:
A-10
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SUMMARY OF WATER QUALITY ACT PHASED APPROACH
Phase II
• Other storm water discharges are the subject of two EPA reports to
Congress and subsequent regulation by 10/1/92.
Exemptions
• Agricultural storm water runoff and discharge is not covered.
• Uncontaminated storm water runoff from mining and oil & gas activities
is not covered.
NOTES:
A-ll
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OVERVIEW OF MUNICIPAL STORM WATER PROGRAM
Phase I
• Coverage:
- 173 cities
• 47 counties
• Two Part Permit Application
• Application Deadlines
- Large Municipal Separate Storm Sewer System (serving over 250,000 pop.)
Part 1 - November 18,1991
Part 2 - November 16,1992
- Medium Municipal Separate Storm Sewer System (serving
100,000-250,000 pop.)
Part 1 - May 18,1992
Part 2 - May 17,1993
• Municipal Permits - site-specific permit conditions based on proposals
in permit application.
NOTES:
A-12
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OVERVIEW OF INDUSTRIAL STORM WATER PROGRAM
Phase I
• Coverage: 100,000 facilities
- Large administrative burden
• Four-tier strategy to establish a flexible framework for developing
priorities reflecting case-specific needs
• Application deadlines
- Individual - November 18,1991
- Group Part 1 - March 18,1991
- General permit -180 days after promulgation
NOTES:
A-13
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MUNICIPAL PERMIT APPLICATION REQUIREMENTS
• Statutory requirements
• Coverage
• Part 1 permit application requirements
Includes dry weather field screen for illicit connections
• Part 2 permit application requirements
Includes representative data from 3 rain events
Includes proposed management programs
• Deadlines for applications
NOTES:
B-l
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STATUTORY PROVISIONS FOR MUNICIPAL SEPARATE
STORM SEWER SYSTEM PERMITS
• System or jurisdiction-wide permits allowed
• Effectively prohibit non-storm water discharges into storm
sewers
• Controls to reduce discharge of pollutants to MAXIMUM EXTENT
PRACTICABLE (MEP), includes
- Management practices
- Control techniques
- System design, engineering methods
• Must continue to meet all existing requirements of C WA 402
NOTES:
B-2
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MUNICIPAL SEPARATE STORM SEWER SYSTEM
• A conveyance or system of conveyances which is
- Publicly owned or operated
- Designed or used for collecting or conveying storm water
• Not a combined sewer
- NotapartofaPOTW
• Medium = located in an incorporated place with a population between
100,000 and 250,000, or located within certain counties (after excluding
incorporated towns or townships)
• Large = located in an incorporated place with a population of over 250,000
or located within certain counties (after excluding incorporated towns or
townships)
• The Director may designate other municipalities as medium or large
- Due to interrelationship; based on 6 factors
• Based on petition
NOTES:
B-3
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MUNICIPAL SEPARATE STORM SEWER SYSTEM
Large and medium municipal separate sewer systems are composed
of municipal separate storm sewers
• Located in one of the 173 incorporated cities with a population of
100,000 or more
- Located in one of the 47 counties identified by EPA as having populations
of 100,000 or more in unincorporated, urbanized portions of the country
NOTES:
B-4
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CITIES WITH A POPULATION OF OVER 100,000
Cities with a population of between 100,000 and 250,000 (114 cities)
Cities with a population of 250,000 or more (59 cities)
Note: Cities are not represented to scale
NOTES:
B-5
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COUNTIES WITH UNINCORPORATED URBANIZED AREAS
GREATER THAN 100,000
NOTES:
B-6
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COMBINED SEWER EXCLUSION
Rule provides that municipalities may petition to be excluded from
permit requirements
Permit would explain the population served by the MS4 is less than
100,000 or 250,000
Total population estimate is reduced proportionally to the fraction of
the length of CS over the length of MS4 plus CS
Example:
750 miles of CS/500 miles of MS4 + 750 miles of CS =
0.6 (200,000 total population) = 120,000 served by CSS
200,000 -120,000 = 80,000 served by MS4
NOTES:
B-7
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MUNICIPAL PERMIT APPLICATION PART 1
Key Elements
• General information
• Existing legal authority
• Source identification
• Discharge characterization
• Existing storm water management programs
• Proposed Part 2 sampling plans
NOTES:
B-8
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MUNICIPAL PERMIT APPLICATION - PART 1
General information (name, address, etc.)
Existing legal authority and any additional authorities needed
Source identification:
- Description of historicluses of control mechanisms for
non-storm water discharges
- Topographic map (or Equivalent):
Location of known outfalls
Description of land use activities
Location and description of any operating or closed
municipal landfill (or other treatment, storage, and disposal
facility for municipal waste)
Location and permit number of NPDES discharges to the
municipal storm sewer
Location of major structural controls
Identification of publicly owned parks and open lands
NOTES:
B-9
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MUNICIPAL PERMIT APPLICATION - PART 1
Discharge characterization
- Monthly mean rain and snow fall estimates
- Existing quantitative data on volume and quality of storm water discharges
- List of receiving water bodies and existing information on water quality
impacts
- Field screening analysis for illicit connections/improper dumping (dry
weather evaluation)
• Field screening is required for:
Either all major outfalls, or
Selected points on a grid system
• Narrative description of outfalls or grid points
• If flow observed:
Two grab samples
Narrative of appearance of sample
Narrative of field analysis for
pH, total chlorine, total copper, total phenol, detergents
Estimate flow rate
Identify test method
NOTES:
B-10
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MUNICIPAL PERMIT APPLICATION - PART 1
Definition of municipal major outfalls
Point source with a diameter of 36 inches or greater or its equivalent
Or conveyance associated with a drainage area of more than 50 acres
If land is zoned for industrial activity, point source with a diameter of
12 or more inches or drainage area of 2 acres or more
Maximum number of major outfalls that must be screened
- Medium municipality: 250
- Large municipality: 500
NOTES:
B-ll
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MUNICIPAL PERMIT APPLICATION - PART 1
Grid system option
Perpendicular north/south and east/west lines spaced 1/4 mile apart
overlaid on a map of the storm sewer system
Identify all cells that contain a segment of the storm sewer system
Select field screening point in each cell considering
- Suspected illicit discharges
- Downstream location
- Hydrological conditions, total drainage area, population density,
traffic density, age of structure, history of area, and land use type
Maximum number of field screening points
Medium municipality: 250
Large municipality: 500
NOTES:
B-12
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i 1 r~~T
I 1
I I
I _l I
UndJvelopeJrLancF]
Sampling Location
Example Grid Sample Plan
B-13
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MUNICIPAL PERMIT APPLICATION - PART 1
• Existing management programs to control pollutants from the
municipal separate storm sewer and to identify illicit connections
• Characterization plan
- Identify outfalls for Part 2 representative sampling
NOTES:
B-14
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MUNICIPAL PERMIT APPLICATION
REQUIREMENTS - PART 2
Key Elements
• Program description (including legal authority description)
• Source identification
• Discharge characterization
• Proposed storm water management program
• Assessment of proposed storm water management program
• Fiscal analysis
NOTES:
B-15
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MUNICIPAL PERMIT APPLICATION - PART 2
Program description
- Demonstrating adequate legal authority to control discharges,
prohibit illicit discharges, require compliance, and carry out inspections,
surveillance and monitoring
Source identification
- Indicating the location of any major outfalls and inventorying the
principal products or services provided by each facility discharging
storm water associated with industrial activity to the municipal separate
storm sewer
NOTES:
B-16
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MUNICIPAL PERMIT APPLICATION - PART 2
Discharge characterization
- Quantitative data from 5-10 representative sampling points
designated by the Director
For each, samples must be collected from 3 storm events
(at least one month apart)
Description of date and duration of storm event(s) sampled
Quantitative data provided for certain pollutants
- Estimates of annual pollutant load of system discharges and event
mean concentration of system discharges during a storm event for certain
parameters
NOTES:
B-17
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MUNICIPAL PERMIT APPLICATION - PART 2
Discharge characterization (continued)
- Proposed schedule to provide estimates of seasonal pollutant load
and of the event mean concentration of a storm event for certain detected
pollutants
- Proposed monitoring program for representative data collection during the
term of the permit
Location of outfalls or field screening points to be sampled
Explanation of why locations are representative
Frequency of sampling
Parameters to be analyzed
Description of sampling equipment
NOTES:
B-18
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MUNICIPAL PERMIT APPLICATION - PART 2
Proposed management program
- Description of structural and source control measures to reduce pollutants
from runoff from commercial and residential areas
Maintenance activities
Planning procedures to develop, implement, and enforce controls over
areas of new development and significant redevelopment
Practices for maintaining public streets and highways
Procedures to assure flood management projects assess impacts on
water quality
Program to monitor pollutants in runoff from operating or closed
municipal landfills (or other treatment, storage and disposal facilities
for municipal waste)
Program to reduce pollutants in discharges associated with the
application of pesticides, herbicides, and fertilizer
NOTES:
B-19
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MUNICIPAL PERMIT APPLICATION - PART 2
Proposed management program (continued)
- Program to detect and remove illicit discharges and improper disposal to
storm sewer
Program to implement and enforce an ordinance or order
Procedures to conduct on-going field screening activities
Procedures to be followed to investigate potential illicit discharges
Procedures to prevent, contain, and respond to spills
Program to promote, publicize, and facilitate public reporting
Educational activities for management of used oil and toxic materials
Controls to limit seepage from sanitary sewers to storm sewers
NOTES:
B-20
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MUNICIPAL PERMIT APPLICATION - PART 2
Program to monitor and control pollutants from municipal landfills,
hazardous waste treatment, disposal and recovery facilities, and certain
industrial facilities
Priorities and procedures for inspections and establishing
control measures
Monitoring program
NOTES:
B-21
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MUNICIPAL PERMIT APPLICATION - PART 2
• Proposed management program (continued)
- Program to implement and maintain best management practices to
reduce pollutants from construction sites
Site planning
Nonstructural and structural best management practices
Identify priorities for inspecting and enforcing control measures
Education and training
• Assessment of proposed storm water management program
- Estimated reductions in loadings of pollutants as a result of the
management program
• Fiscal analysis of necessary capital and O & M expenditures
NOTES:
B-22
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MUNICIPAL PERMIT APPLICATION DEADLINES
Medium
Municipalities
Large
Municipalities
Parti
May 18, 1992
November 18
1991
Review Period
90 Days
90 Days
Part 2
May 17, 1993
November 16,
1992
NOTES:
B-23
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INDUSTRIAL PERMIT APPLICATION REQUIREMENTS
• Statutory requirements
• Storm water discharge associated with industrial activity
• Application options
• Individual application requirements
• Mining and oil & gas application triggers
• Construction application requirements
• Group application requirements
• General permits
• Application deadlines
• Storm water permitting strategy
NOTES:
C-l
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STATUTORY REQUIREMENTS FOR INDUSTRIAL STORM
WATER PERMITS
• Permits must require the achievement of CWA 301 (BAT/BCT) and
water quality-based limitations
• Permitted industries must continue to meet all existing requirements of
CWA 402
NOTES:
C-2
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STORM WATER DISCHARGE ASSOCIATED WITH
INDUSTRIAL ACTIVITY
• Defines coverage of industrial storm water program
- Discharge from any conveyance which is used for collecting and
conveying storm water
- Directly related to manufacturing, processing, or raw materials storage areas
- Located at an industrial plant
• Coverage of Federal, State, and municipal owner-operated facilities
• Exclusions
NOTES:
C-3
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STORM WATER DISCHARGE ASSOCIATED WITH
INDUSTRIAL ACTIVITY
• Discharge from any conveyance which is used for collecting and conveying
storm water.
• "Conveyance" has broad meaning - see Point Source definition.
• "Storm water" means storm water runoff, snow melt runoff, and surface runoff
and drainage (i.e., not process waste water).
• Includes industrial storm water discharges to municipal separate storm sewer
systems
NOTES:
C-4
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STORM WATER DISCHARGE ASSOCIATED WITH
INDUSTRIAL ACTIVITY
Directly related to manufacturing, processing, or raw materials storage areas
Taken from legislative history
Covers storm water discharge from wide range of general industry areas and
activities.
- Industrial plant yards
- Immediate access roads and rail lines
- Material handling sites
- Refuse sites
- Sites used for application or disposal of process waste waters
- Sites used for storage and maintenance of material handling equipment
- Sites for residual treatment, storage and disposal
- Shipping/receiving areas
- Manufacturing buildings
- Storage areas (including tank farms)
- Areas of past industrial activities where significant materials remain
and are exposed to storm water.
NOTES:
C-5
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STORM WATER DISCHARGE ASSOCIATED WITH
INDUSTRIAL ACTIVITY
Located at an industrial plant
Industrial facilities and operations covered by Application Reg. includes:
- Manufacturing Facilities
- Mining and Oil & Gas Operations
- Hazardous waste treatment, storage, or disposal facilities
- Landfills, land application sites, and open dumps that receive
industrial wastes
- Recycling facilities classified as SIC codes 5015 and 5093. (These codes
include metal scrapyards, battery reclaimers, salvage yards, and automobile
yards.)
- Steam electric generating facilities (including coal handling sites)
- Transportation Facilities
- STP over 1 MGD design flow or approved under pretreatment program
- Construction activities
Other specified categories of industries where materials are exposed
to storm water.
NOTES:
C-6
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CLASSES OF FACILITIES THAT DISCHARGE STORM WATER
ASSOCIATED WITH INDUSTRIAL ACTIVITY
• Facilities subject to National effluent limitations guidelines for storm water
[Section 122.26(b)(14)(i)]
• Manufacturing Facilities classified as Standard Industrial Codes (SIC) 24
(except 2434), 26 (except 265 and 267), 28 (except 283), 29,311,32 (except 323),
33,3441, and 373. (These codes include lumber; paper mills; chemical;
petroleum; rubber; leather tanning and finishing; stone, clay, and concrete;
metal; enameled iron and metal sanitary ware; and ship/boat manufacturing
facilities.) [122.26(b)(14)(ii)]
* Mining and Oil & Gas Operations classified as SIC codes 10 -14 including active
and inactive mining and oil and gas operations with contaminated storm water
discharges, except for areas of coal mining operations which have been reclaimed
and the performance bond has been released by the appropriate SMCRA
authority, or non-coal mining operations which have been released from
applicable State or Federal reclamation requirements after December 17,1990
(see the description of special application provisions for mining operations and
oil and gas operations below). [Section 122.26(b)(14)(iii)]
NOTES:
C-7
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CLASSES OF FACILITIES THAT DISCHARGE STORM WATER
ASSOCIATED WITH INDUSTRIAL ACTIVITY (CONTINUED)
• Hazardous waste treatment, storage, or disposal facilities [122.26(b)(14)(iv)]
• Landfills, land application sites, and open dumps that receive industrial
wastes [122.26(b)(14)(v)]
• Recycling facilities classified as SIC codes 5015 and 5093. (These codes include
metal scrapyards, battery reclaimers, salvage yards, and automobile yards).
[122.26(b)(14)(vi)]
• Steam electric power generating facilities (including coal handling sites)
[122.26(b)(14)(vii)]
NOTES:
C-8
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CLASSES OF FACILITIES THAT DISCHARGE STORM
WATER ASSOCIATED WITH INDUSTRIAL ACTIVITY
(CONTINUED)
• Transportation facilities classified as SIC codes 40, 41,42 (except 4221-25),
43,44, 45, and 5171 including vehicle maintenance, material handling
facilities, equipment cleaning, or airport de-icing areas of railroad, mass
transit, school bus, trucking and courier services, postal service, water
transportation, and airport facilities [Section 122.26(b)(14)(viii)]
• Sewage treatment plants treating domestic sewage, or any other sewage
sludge or wastewater treatment device or system, used in the storage
treatment, recycling, and reclamation of sewage (including land used for
the disposal of sludge located within the confines of the facility) with a
design flow of 1.0 mgd or more or required to have an approved
pretreatment program. This does not include farm lands, domestic
gardens, or lands used for beneficial reuse of sludge which are not
physically located in the confines of the facility.
[Section 122.26(b)(14)(ix)]
NOTES:
C-9
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CLASSES OF FACILITIES THAT DISCHARGE STORM WATER
ASSOCIATED WITH INDUSTRIAL ACTIVITY (CONTINUED)
• Construction activity (except for disturbances of less than 5 acres of total
land area which are not part of a larger common plan of development or sale)
[Section 122.26(b)(14)(x)]
• Other specific facilities where materials are exposed to storm water classified
under SIC codes 20,21,22,23,2434,25,265,27,283,285,30,31 (except 311),
323,34 (except 3441), 35,36,37 (except 373), 38,39, and 4221-25. (These codes
include food; tobacco; textile; apparel; wood kitchen cabinets; furniture;
paperboard containers and boxes; converted paper/paperboard products;
printing; drugs; leather; fabricated metal products; industrial and commercial
machinery and computer equipment; electronic equipment; transportation
equipment; measuring, analyzing, and controlling instruments and
photographic, medical, and optical goods, and watches and clocks; and glass
manufacturing, and certain warehousing and storage establishments.)
[Section 122.26(b)(14)(xi)]
NOTES:
C-10
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APPLICATION OPTIONS FOR STORM WATER DISCHARGES
ASSOCIATED WITH INDUSTRIAL ACTIVITY
Discharges of storm water associated with industrial activity are required to either:
• Apply for an individual permit (November 18,1991)
• Apply for a permit through a group application (March 18,1991), or
• Seek coverage under a storm water general permit using notice of intent
(180 days from general permit issuance)
NOTES:
C-ll
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INDIVIDUAL APPLICATIONS
Applicants for discharges composed entirely of storm water shall submit
Form 1 and Form 2F
Applicants for discharges composed of storm water and non-storm water shall
submit Forms 1,2C, and 2F
Applicants for new sources or new discharges composed of storm water and
non-storm water shall submit Forms 1,2D, and 2F
NOTES:
C-12
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INDIVIDUAL APPLICATIONS (CONTINUED)
The operator of a storm water discharge associated with industrial activity shall
provide:
Site map showing topography and/or drainage areas and site characteristics.
• Estimate of impervious surface area and the total area drained by each outfall
• Description of significant materials exposed to storm water including current
materials management practices
Certification that outfalls have been tested or evaluated for non-storm water
discharges
• Information on significant leaks and spills in last 3 years
Quantitative testing data
NOTES:
C-13
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INDIVIDUAL APPLICATIONS (CONTINUED)
Quantitative Testing Data Parameters
- Any pollutants limited in an effluent guideline to which the facility is subject
- Any pollutant listed in the NPDES permit for process wastewater
- Oil and grease, pH, BOD., COD, TSS, total phosphorus, and nitrate plus
nitrite and total Kjeldahl nitrogen
- Certain pollutants known to be in the discharge
- Flow measurements or estimates
- Date and duration of storm event
NOTES:
C-14
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APPLICATION REQUIREMENTS FOR CONSTRUCTION
ACTIVITY
• Provide a narrative description of:
- Location and nature of construction activity (including a map)
- Total area of the site and area to be excavated under the permit
- Proposed measures to control pollutants in storm water discharges
during and after construction operations
- Estimate of runoff coefficient and increase in impervious areas after
construction
• Name of receiving water
• Application deadline
- 90 days prior to date when construction begins
NOTES:
C-15
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APPLICATION REQUIREMENTS FOR OIL & GAS FACILITIES
AND MINING INDUSTRIES
• Oil & gas facilities are not required to submit a permit application unless the
facility
- Has had a discharge of a reportable quantity for which notice is required
under CERCLA or CWA in the past 3 years or
- Contributes to a violation of a water quality standard
• Mining industries are not required to submit permit applications unless the
discharge has come into contact with any overburden, raw material,
intermediate or finished products, byproducts, or waste products located on site.
NOTES:
C-16
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GROUP APPLICATIONS
• Part 1
- Identify participants
- Summary of industrial activities of each participant and an explanation of
why each is sufficiently similar to be covered by a general permit
- List of significant materials stored outside by participants and materials
management practices
- Identify 10 % of the facilities that will submit quantitative data. Identify 50 %
of the facilities if the group has 4-10 members.
• Part 2
- Quantitative data from 10 % of the facilities
NOTES:
C-17
-------
26*N
Precipitation Zones
C-18
-------
OVERVIEW OF DRAFT BASELINE GENERAL PERMIT
• Coverage
• Application Requirements
• Special Conditions
• Effluent Limitations
• Monitoring and Reporting Requirements
• Standard Permit Conditions
NOTES:
C-19
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DRAFT BASELINE GENERAL PERMIT
APPLICATION REQUIREMENTS
• General information
- Name, address, SIC code
- Latitude - Longitude
- Receiving water(s)
- Existing quantitative data
• Additional information for construction activities
NOTES:
C-19A
-------
DRAFT BASELINE GENERAL PERMIT
SPECIAL CONDITIONS
• Prohibition on RQ releases
• Prohibition on non-storm water discharges
• Tailored pollution prevention plan requirements:
- All plans must provide a description of: (1) potential pollutant sources
and (2) storm water management controls.
- Additional requirements for:
SARA Title IH, Section 313 facilities
• Construction activities
• Salt storage
NOTES:
C-20
-------
DRAFT BASELINE GENERAL PERMIT EFFLUENT
LIMITATIONS
Effluent limitations only apply to two classes of discharges:
- Coal pile runoff: 50 mg/1 TSS and 6-9 pH.
• Acute whole effluent toxicity (WET) testing, and in certain cases, WET
limitations for discharges from chemical storage containment areas at SARA
Title III, Section 313 facilities with storm water discharges associated with
industrial activity.
NOTES:
C-21
-------
DRAFT BASELINE GENERAL PERMIT MONITORING AND
REPORTING REQUIREMENTS
• Tailored sampling requirements for different classes of industries
• Landfills; SARA Title HI, Section 313 facilities; wood treaters; primary metal
facilities; and coal pile runoff sample semi-annually, and submit DMR to EPA
and to the municipal operator if the discharge is to a large or medium Municipal
Separate Storm Sewer System
• Oil & gas exploration and production facilities with a PE certification that their
storm water pollution prevention plan is being adequately implemented need
not sample
• All other facilities must sample annually for conventional pollutants and retain
information unless requested by EPA.
NOTES:
C-22
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INDUSTRIAL PERMIT APPLICATION DEADLINES
Individual:
Group:
General
Permit NOI
November 18, 1091
Parti
March 18, 1991
180 Days from
General Permit
Issuance
Review Period Part 2
60 Days 12 months after
Part 1 approval
NOTES:
C-23
-------
RATIONALE FOR INDUSTRIAL STORM WATER STRATEGY
Additional 100,000 industrial facilities to NPDES Program will be a large
administrative burden
Need to establish a flexible framework for developing priorities that includes
consideration of case-specific factors
Provides for the use of a variety of administrative tools, including general
permits
NOTES:
C-24
-------
FOUR TIER STRATEGY FOR INDUSTRIAL STORM WATER
• Tier I - Baseline permitting
- General permits will cover majority of discharges
• Tier II - Watershed permitting
- Facilities within adversely impacted watersheds will be targeted for
individual or watershed-specific permits
• Tier in - Industry-specific permitting
- Industrial categories will be targeted for individual or industry-specific
general permits
• Tier IV - Facility-specific permitting
- A variety of factors will be used to target specific facilities for individual
permits
NOTES:
C-25
-------
ROLE OF MUNICIPALITIES IN CONTROLLING STORM
WATER DISCHARGES ASSOCIATED
WITH INDUSTRIAL ACTIVITY
• Identifying local priorities
• Overseeing the development of site-specific industrial controls
NOTES:
C-26
-------
COMPLEMENTARY PERMIT APPROACH
Industrial permits:
- Permits for these discharges will establish controls and monitoring
requirements for industrial operators of the discharge into the municipal
system.
Municipal permits:
- These permits can be used to require municipalities to:
identify priorities
inspect priority sites and review plans at these sites
initiate enforcement for priority sites
NOTES:
C-27
-------
NPDES Application Form 1
-------
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proper fill-in erea
C. Is this a facility which currently results in
to waters of the U.S. other than those described in
A or B above? (FORM 2C)
D. Is this a proposed facility lather then thote described
In A or B ebovel which will result in a discharge to
of the U.S.7 (FORM 2D)
E. Does or will this facility treat, store, or dispose of
hazardous wastes? (FORM 3)
F. Do you or will you inject at this facility industrial or
municipal effluent below the lowermost stratum con-
taining, within one quarter mile of the well bore,
underground sources of drinking water? (FORM 4)
G. uo you or will you inject at this facility any produced
water or other fluids which are brought to the surface
in connection with conventional oil or natural gas pro-
duction, inject fluids used for enhanced recovery of
oil or natural gas, or inject fluids for storage of liquid
hydrocarbons? (FORM 4)
H. Do you or will you inject at this facility fluids for spe-
cial processes such as mining of sulfur by the Frasch
process, solution mining of minerals, in situ combus-
tion of fossil fuel, or recovery of geothermel energy?
(FORM 4)
is this facility a proposed stationery source which is
one of the 28 industrial categories listed in the in-
structions and which will potentially emit 100 tons
per year of any air pollutant regulated under the
Clean Air Act and may effect or be located in an
attainment area? (FORM 5)
J. Is this facility a proposed stationary source which H
NOT one of the 28 industrial categories listed in the
instructions and which will potentially emit 250 tons
par year of any air pollutant regulated under the dean
Air Act'and may affect or be located in an i
i? (FORM 5)
A. NAME St TITLE flott, fint, A title)
m. PHONE (area code A no.)
V. FACILITY MAILING ADDRESS
A. STREET. ROUTE NO. OR OTHER SPECIFIC IDENTIFIER
B). COUNTY NAME
C. CITY OR TOWN
D. STATE
E. ZIP CODE
f. C6UNTV CADE
"1
EPA Form 3510-1 (Rev. 10-80)
CONTINUE ON REVERSE
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riNUED FROM THE FRONT
», -riftST
*. SECOND
T—i—r
(specify)
I—I—T
(specify)
C. THIRD
O. FOURTH
VIII. OPERATOR INFORMATION
i i i i i i i i i i i i i i—r—r
A. NAME
I I I I I I
I I I I I I
Item VII l-Aateo the
owner?
D YES O NO
c. STATUS OF OPERATOR (Enter the appropriate letter into the answer box: if "Other", specify.)
D. PHONE (ana code * no.)
E. STREET OR P.O. BOX
F. CITY OR TOWN
If the facility located on Indian lands?
YES CH NO
•x
X. EXISTING ENVIRONMENTAL PERMITS
F-PE&E&AL
S•STATE
P • PRIVATE
M « PUBLIC (other than federal or state}
O - OTHER (ipecify)
A. NPDES (Discharges to Surface Water)
N
D. PSD (Air Emissions from Proposed Sources)
•. uic (Underground Injection of Fluids)
E. OTHER (specify)
U
I I I I
(specify)
c. RCRA (Hazardous Wastes)
E. OTHER {specify)
(specify)
Attach to this application a topographic map of the area extending to at least one mile beyond property bounderies. The map must show
the outline of the facility, the location of each of its existing and proposed intake and discharge structures, each of its hazardous waste
treatment, storage, or disposal facilities, and each well where it injects fluids underground. Include all springs, rivers and other surface
water bodies in the map area. See instructions for precise requirements.
XII. NATURE OF BUSINESS (provide » brief description?
XIII. CERTIFICATION (m instructions)
I certify under penalty of law that I have personally examined and am familiar with the information submitted in this application and all
attachments and that, based on my inquiry of those persons immediately responsible for obtaining the information contained in the
application, I "believe that the information is true, accurate and complete. I am aware that there an significant penalties for submitting
false information, including the possibility of fine and imprisonment.
COMMENTS FOR OFFICIAL USE ONLY
EPA Form 3510-1 (Rev. 1040) Reverae
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NPDES Permit Application Requirements
for Storm Water Discharges
Final Regulation
Summary
United States Environmental Protection Agency
October 31,1990
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I. INTRODUCTION
Pollutants in storm water discharges from many sources are
largely uncontrolled. The "National Water Quality Inventory,
1988 Report to Congress" (EPA, 1988), concluded that the States
cite diffuse sources of water pollution as the leading cause of
water quality impairment. In developing the National Water
Quality Inventory, the States identified a number of major
classes of diffuse sources of pollution, including, separate
storm sewers, urban runoff, construction, waste disposal, and
resource extraction, which correlate well with categories of
discharges covered by the NPDES storm water program. Although
many studies characterize these sources as a diffuse or nonpoint
source of pollution, the majority of urban runoff and
construction site runoff is discharged via separate storm sewers
and, therefore, under the Clean Water Act (CWA), are discharges
from point sources.
The National Urban Runoff Program (NURP), has shown that
storm water from residential and commercial areas can contain a
variety of pollutants including heavy metals, fecal coliforms,
pesticides, suspended solids, nutrients and floatables. Runoff
from industrial facilities can contain additional pollutants
depending on the nature of industrial activity such as material
management and waste disposal practices and activities which
disturb soils. Other studies have shown that many storm sewers
also receive illicit discharges of untreated non-storm water
discharges, spills, and large amounts of improperly disposed
wastes, particularly used oils. Removal of non-storm water
discharges to storm sewers presents opportunities for dramatic
improvements in the quality of storm water discharges.
II. SUMMARY OF THE RULE
This summary addresses amendments to 40 CFR 122 which
establish NPDES permit application requirements for: storm water
discharges associated with industrial activity; discharges from
large municipal separate storm sewer systems (systems serving a
population of 250,000 or more); and discharges from medium
municipal separate storm sewer systems (systems serving a
population of 100,000 or more, but less than 250,000).
III. DISCHARGES FROM LARGE AND MEDIUM MUNICIPAL SEPARATE STORM
SEWER SYSTEMS
A. Defining Municipal Separate Storm Sever System1
A "large municipal separate storm sewer system" is a system
serving a population of 250,000 or more. A "medium municipal
separate storm sewer system" is a system serving a population of
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100,000 or more, but less than 250,000. These systems include
separate storm sewers:
o located in one of the 173 cities with a population of
100,000 or more;
o located in one of the 47 counties identified by EPA as
having large populations in unincorporated, urbanized areas;
o that are designated by the Director of the NPDES program as
part of the large or medium system due to the
interrelationship with the large or medium systems described
above; or
o that are located within the boundaries of a region defined
by a storm water management regional authority and are
designated by the Director of the NPDES program as part of a
large or medium system.
B. Storm Water Permits for Municipalities
The CWA requires that NPDES permits for discharges from
municipal separate storm sewer systems include: a requirement to
effectively prohibit non-storm water discharges into the storm
sewers; and controls to reduce the discharge of pollutants to the
maximum extent practicable (including management practices,
control techniques and system, design and engineering methods,
and other provisions appropriate for the control of such
pollutants.)
EPA or authorized NPDES States may issue system-wide or
jurisdiction-wide permits covering all discharges from a
municipal separate storm sewer system.
C. Permit Application Requirements2
The permit application requirements for discharges from
municipal separate storm sewer systems have been designed to
facilitate development of site specific permit conditions. The
permit application requirements provide municipal applicants an
opportunity to propose appropriate management programs to control
pollutants in discharges from their municipal systems. This
increases flexibility to develop permit conditions and ensures
input from municipalities in developing appropriate controls.
A two-part application process for discharges from large and
medium municipal separate storm sewer systems has been
established.
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3
Part 1 of the application includes:
o General information (name, address, etc.)»*
o Existing legal authority and any additional authorities
needed;
o Source identification information;
o Discharge characterization including:
- monthly mean rain and snow fall estimates;
- existing quantitative data on volume and quality of
storm water discharges;
- a list of receiving water bodies and existing
information on the impacts on receiving waters;
o Field screening analysis for illicit connections and illegal
dumping;
o Characterization plan identifying representative outfalls
for further sampling in Part 2;
o Description of existing management programs to control
pollutants from the municipal separate storm sewer and to
identify illicit connections; and
o Description of financial budget and resources currently
available to complete Part 2.
Part 2 of the application includes:
o Demonstration of adequate legal authority to control
discharges, prohibit illicit discharges, require compliance,
and carry out inspections, surveillance, and monitoring;
o Source identification indicating the location of any major
outfalls and inventorying the principal products or services
provided by each facility discharging storm water associated
with industrial activity to the municipal separate storm
sewer;
o Discharge characterization data including:
- quantitative data from 5-10 representative locations in
approved sampling plans;
- for selected conventional pollutants and heavy metals,
estimates of the annual pollutant load and event mean
concentration of system discharges;
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- proposed schedule to provide estimates of: seasonal
pollutant loads; and the mean concentration for certain
detected constituents in a representative storm event;
and
- proposed monitoring program for representative data
collection.
o Proposed management program including descriptions of:
- structural and source control measures that are to be
implemented to reduce pollutants in runoff from
commercial and residential areas including:
- maintenance activities;
- planning procedures to develop, implement, and
enforce controls for areas of new development and
significant redevelopment;
- practices for operating and maintaining public
streets and highways;
- procedures to assure flood management projects
assess impacts on water quality;
- program to monitor pollutants in runoff from
operating or closed municipal landfills (or other
facilities for municipal waste); and
- program to reduce pollutants in discharges
associated with the application of pesticides,
herbicides, and fertilizer;
- program to detect and remove illicit discharges
including:
- program to implement and enforce an ordinance or
order;
- procedures to conduct on-going field screening
activities;
- procedures to be followed to investigate potential
illicit discharges;
- procedures to prevent, contain, and respond to
spills;
- program to promote, publicize, and facilitate
public reporting;
- educational activities for management of used oil
and toxic material; and
- controls to limit infiltration of seepage from
sanitary sewers;
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- program to monitor and control pollutants from
municipal landfills; hazardous waste treatment,
disposal, and recovery facilities; SARA Section 313,
Title III facilities; and other priority industrial
facilities including:
- priorities and procedures for inspection and
enforcement;
- monitoring program; and
- program to implement and maintain structural and
non-structural BMPs;
- program to control pollutants in construction site
runoff including:
- site planning requirements;
- non-structural and structural management
practices;
- procedures for identifying priorities for
inspecting sites and enforcement actions;
- educational and training measures for construction
site operators.
o Estimated reduction in loadings of pollutants as a result of
the management program; and
o Fiscal analysis of necessary capital and operation and
maintenance expenditures.
D. Effective Prohibition of Non-Storm water Discharges3
For many municipalities, a first priority for reducing
pollutants from municipal separate storm sewer systems is to
effectively prohibit non-storm water discharges to their
municipal separate storm sewer system. The permit application
process implements this effective prohibition by establishing
requirements for a field analysis to detect illicit connections
and illegal dumping. In addition, applicants are required to
submit a proposed program to control illicit connections and
illegal dumping as part of their proposed management programs.
E. Application Deadlines4
For large municipal separate storm sewer systems, Part 1
must be submitted within 12 months of the date of publication of
the final rule. The Director will then have 90 days from receipt
of Part 1 to approve or deny a sampling plan. Part 2 must be
submitted within 24 months of the date of publication of the
final rule. Medium municipal separate storm sewer systems must
submit Part 1 within 18 months from the date of publication of
the final rule. The Director will have 90 days from receipt to
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approve or deny a sampling plan. Part 2 must be submitted within
30 months of the date of publication of the final rule.
IV. REQUIREMENTS FOR STORM WATER DISCHARGES ASSOCIATED WITH
INDUSTRIAL ACTIVITY
A. Industries Covered by Regulation5
The term "storm water discharge associated with industrial
activity" means the discharge from any conveyance which is used
for collecting and conveying storm water and which is directly
related to manufacturing, processing, or raw materials storage
areas at an industrial plant including:
o Facilities subject to National effluent limitation
guidelines;
o Facilities classified as Standard Industrial Codes (SIC) 24
(except 2434), 26 (except 265 and 267), 28 (except 283), 29,
311, 32 (except 323), 33, 3441, and 373. (These codes
include lumber; paper mills; chemical; petroleum; rubber;
leather tanning and finishing; stone, clay, and concrete;
metal; enameled iron and metal sanitary ware; and ship/boat
manufacturing facilities);
o Facilities classified as SIC codes 10 through 14 including
active and inactive mining and oil and gas operations with
contaminated storm water discharges, except for areas of
coal mining operations which have been reclaimed and the
performance bond has been released by the appropriate SMCRA
authority, or non-coal mining operations which have been
released from applicable State or Federal reclamation
requirements after 30 days after publication of the final
regulation (see the description of special application
provisions for mining operations and oil and gas operations
below);
o Hazardous waste treatment, storage, or disposal facilities;
o Landfills, land application sites, and open dumps that
receive industrial wastes;
o Recycling facilities classified as SIC codes 5015 and 5093.
(These codes include metal scrapyards, battery reclaimers,
salvage yards, and automobile junkyards);
o Steam electric power generating facilities (including coal
handling sites);
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o Vehicle maintenance, equipment cleaning, or airport de-
icing areas of railroad, mass transit, school bus, trucking
and courier services, postal service, water transportation,
and airport facilities, and petroleum bulk stations;
o Treatment works treating domestic sewage or any other sewage
sludge or wastewater treatment device or system, used in the
storage, treatment, recycling, and reclamation of sewage
(including land used for the disposal of sludge located
within the confines of the facility) with a design flow of
1.0 mgd or more or required to have an approved pretreatment
program. This does not include farm lands, domestic gardens
or lands used for beneficial reuse of sludge which are not
physically located in the confines of the facility;
o Construction activity (except for disturbances of less than
5 acres of total land area which are not part of a larger
common plan of development or sale); and
o Facilities where materials are exposed to storm water
classified under SIC codes 20, 21, 22, 23, 2434, 25, 265,
267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except
3441), 35, 36, 37 (except 373), 38, 39, and 4221-25 (These
codes include food; tobacco; textile; apparel; wood kitchen
cabinets; furniture; paperboard containers and boxes;
converted paper/paperboard products; printing; drugs;
leather; fabricated metal products; industrial and
commercial machinery and computer equipment; electronic
equipment; transportation equipment; measuring, analyzing,
and controlling instruments and photographic, medical, and
optical goods, and watches and clocks; glass; and certain
warehousing and storage manufacturing facilities).
Areas located on plant lands separate from the plant's
industrial activities, such as office buildings and accompanying
parking lots are generally excluded from the definition of storm
water discharge associated with industrial activity, as long as
the drainage from the excluded areas is not mixed with storm
water drained from areas with industrial activity.
B. Industrial Storm Water Permitting Strategy
EPA estimates that about 100,000 facilities are addressed by
the regulatory definition of "storm water discharges associated
with industrial activity". The large number of facilities
addressed will place correspondingly large administrative burdens
on EPA and States with authorized NPDES programs to issue and
administer permits for these discharges. To provide a reasonable
and rational framework to addressing this permitting task, EPA is
developing a strategy for permitting storm water discharges
associated with industrial activity. In developing this
strategy, the Agency recognizes that the CWA provides flexibility
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in the manner in which NPDES permits are issued6, and intends to
use this flexibility in designing a workable and reasonable
permitting system that emphasizes reduction of risk to human
health and aquatic resources. The strategy is intended to
establish a framework for developing permitting priorities based
on reduction of risk to human health and aquatic resources, and
includes the following four tier set of priorities for issuing
permits over time:
o Tier I - Baseline Permitting; One or more general permits7
will be developed initially to cover the majority of storm
water discharges associated with industrial activity;
o Tier II - Watershed Permitting: Facilities within watersheds
shown to be adversely impacted by storm water discharges
associated with industrial activity will be targeted for
individual or watershed-specific general permits.
o Tier III - Industry-Specific Permitting; Specific industry
categories will be targeted for individual or industry-
specific general permits; and
o Tier IV - Facility-Specific Permitting; A variety of factors
will be used to target specific facilities for individual
permits.
The industrial storm water permitting strategy also calls
for the development of State storm water permitting plans as a
mechanism to provide public participation and ensure appropriate
implementation of storm water permitting activities within the
various States. State strategies will also provide a foundation
from which State storm water management programs required under
section 402(p)(6) of the Clean Water Act can be developed.
C. Relationship of Strategy to Permit Application Requirements
The industrial storm water permitting strategy described
above identifies several permitting approaches that the Agency
anticipates will be used in addressing storm water discharges
associated with industrial activity. The NPDES regulatory scheme
provides three potential options for applying for permit coverage
for storm water discharges associated with industrial activity:
(1) individual permit applications; (2) group applications; and
(3) notice of intent requirements developed for general permit
coverage. Notices of intent will generally need to include only
information such as the type of industry* location and name of
receiving waters.
The following discussion summarizes regulatory requirements
for individual permit applications and group applications. These
requirements apply to discharges that are not covered by a
general permit. Where a general permit has been issued for a
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discharge, individual or group applications are not required, as
the general permit establishes alternative (and typically
simplified) requirements for obtaining coverage under the general
permit.
D. individual Application Requirements for Storm Water
Discharges Associated with Industrial Activity8
1. Generally Applicable Requirements (See Parts 2 and 3 below
with Regard to Construction, Mining, and Oil and Gas
Operations)
Individual application requirements for most storm water
discharges associated with industrial activity are comprised of
Form 1 (general information) and Form 2F (storm water
discharges). The Form 2F requirements include:
o Topographic map showing on-site drainage;
o Estimate of impervious surfaces and the total area
drained by each outfall;
o Narrative description of material management practices and
control measures;
o Certification that separate storm water outfalls have been
evaluated for non-storm water discharges;
o History of leaks and spills; and
o Test Data Parameters
- Any pollutant with effluent guideline limitation;
- Any pollutant in NPDES permit for process discharge;
- Oil and grease, pH, TOC, BOD5, COD, TSS, Nitrogen,
Phosphorus;
- certain pollutant(s) known to be in the discharge;
- Flow measurement(s) or estimate(s);
- Date(s) and duration of storm event(s).
2. Application Requirements for Construction Activities9
Construction facilities which discharge storm water
associated with industrial activity are not required to submit
sampling data in permit applications. Instead, individual
application requirements for these facilities include, in
addition to Form 1:
o Narrative description of the construction activity;
o Total area of the site and area to be excavated under the
permit;
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10
o Proposed measures to control pollutants in storm water
discharges during and after construction operations;
o Estimate of runoff coefficient and increase in impervious
areas after construction; and
o Name of receiving water.
3. Application Requirements for Mining Operations and Oil and
Gas Operations
Oil and gas facilities (active or inactive) are not required
to submit a permit application unless the facility had a
discharge of a reportable quantity11 for which notice is required
under CERCLA or CWA at any time since three years before the
publication of the rule; or such facility has a discharge which
contributes to a violation of a water quality standard.
Mining operations (active or inactive) are not required to
submit permit applications unless the storm water discharge has
come into contact with any overburden, raw material, intermediate
or finished products, byproducts, or waste products located on .
site. Areas of coal mining operations which have been reclaimed
and the performance bond has been released by the appropriate
SMCRA authority, or non-coal mining operations which have been
released from applicable State or Federal reclamation
requirements after 30 days after publication of the final
regulation are not subject to permitting requirements.
E. Group Application Requirements12
Certain facilities which discharge storm water associated
with industrial activity have the option of participating in a
group application in lieu of submitting a complete individual
application. If dischargers are part of the same effluent
guideline subcategory or are sufficiently similar as to be
appropriate for general permit coverage, they may submit a group
application. Group applications consists of two parts:
Part J. - Identifies participants and includes:
o A summary of each participant's industrial activities;
o An explanation of why the participants are sufficiently
similar to make use of the group application;
o A list of significant materials stored outside by
participants and material management practices; and
o A list of 10 percent of the dischargers that will
submit test data in Part 2.
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11
Part 2 - 10 percent of discharges must submit test data (a
minimum of 10 and a maximum of 100 dischargers with
either 2 from each precipitation zone represented, or
one discharger from each precipitation zone in which
nine or fewer members of the group are located).
F. Storm Water Discharges Associated with Industrial Activity
to Large and Medium Municipal Separate Storm sever Systems14
In addition to submitting permit applications, operators of
storm water discharges associated with industrial activity which
discharge through large or medium municipal separate storm sewers
are required to submit to the operator of that municipal storm
sewer: the name of the facility; a contact person and phone
number; the location of the discharge; and a description of the
principal products or services provided by the facility
(including any SIC code). Such notice must be given no later
than 180 days after the date of publication of the rule or 180
days prior to commencing an activity that could result in a storm
water discharge associated with industrial activity.
6. Application Deadlines15
Individual applications for storm water discharges
associated with industrial activity must be submitted within 12
months of the date of publication of the rule.
Part 1 of the group application must be submitted within 120
days of the date of publication of the rule. The Director will
then have 60 days to approve or deny participation in the group.
Part 2 must then be submitted no later than one year after the
date of approval of Part 1. Facilities that are rejected as
group members have 12 months from the date they received notice
of rejection to file individual permit applications. Facilities
may add on to group applications within 15 months of the date of
publication of the rule at the Director's discretion but only
upon a showing of good cause.
Where an applicable general permit has been issued, the
general permit will establish a date for when a discharger must
submit a notice of intent to be covered by the general permit.
Dischargers obtaining coverage under a general permit are not
required to submit an individual permit application or
participate in a group application for the discharge covered by
the general permit.
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12
1. 122.26(b)(4) and 122.26(b)(7)
2. 122.26(d)
3. 122.26(b)(2), 122.26(b)(5), 122.26(d)(1)(ill)(a),
122.26(d)(1)(iv)(D), 122.26(d)(1)(iv)(E)(1),
122.26(d)(l)(v)(B), 122.26(d)(2)(i)(B), 122.26(d)(2)(i)(C),
122.26(d)(2)(iii)(A), and 122.26(d)(2)(iv)(B)
4. 122.26(e)
5. 122.26(b)(14)
6. The court in NRDC v. Train. 396 F.Supp. 1393 (D.D.C. 1975)
aff'd. NRDC v. Costle. 568 F.2d 1369 (D.C.Cir. 1977), has
acknowledged the administrative burden placed on the Agency
by requiring individual permits for a large number of storm
water discharges. In this decision, the court recognized
EPA's discretion to use certain administrative devices, such
as area permits or general permits to help manage its
workload. In addition, the court recognized flexibility in
the type of permit conditions that are established, including
requirements for best management practices.
7. A general permit is a permit that covers discharges from more
than one facility within a State. General permits are either
issued by EPA or, in States with authorized NPDES programs,
by the State.
8. 122.26(c)
9. 122.26(c)(1)(ii)
10. 122.26(a)(2) and 122.26(c)(1)(iii) and (iv)
11. Reportable quantities for hazardous substances are defined
at 40 CFR 117.21 and 40 CFR 302.6. The reportable quantity
for oil is defined at 40 CFR 110.6.
12. 122.26(c)(2)
13. The storm water permit application regulation defines nine
precipitation zones for the purposes of developing and
submitting group applications.
14. 122.26(a)(4)
15. 122.26(e)
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