OVERVIEW
OF THE
STORM WATER PROGRAM
vvEPA
U.S. Environmental Protection Agency
Office of Wastewater Enforcement and Compliance
Permits Division
401M Street, SW
Washington, DC 20460
December 13,1991
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STORM WATER PROGRAM
BACKGROUND
The 1972 amendments to the Federal Water Pollution Control Act (FWPCA, also referred to as the dean
Water Act or CWA) prohibit the discharge of any pollutant to waters of the United States from a point source
unless the discharge is authorized by a National Pollutant Discharge Elimination System (NPDES) permit
Efforts to improve water quality under the NPDES program have focused traditionally on reducing pollutants in
discharges of industrial process wastewater and from municipal sewage treatment plants. Efforts to address
storm water discharges under the NPDES program have generally been limited to certain industrial categories
with effluent limitations for storm water.
In response to the need for comprehensive NPDES requirements for discharges of storm water, Congress
amended the CWA in 1987 to require the Environmental Protection Agency (EPA) to establish phased NPDES
requirements for storm water discharges. To implement these requirements, EPA published initial permit
application requirements for certain categories of storm water discharges associated with industrial activity, and
discharges from municipal separate storm sewer systems serving a population of 100,000 or more on November
16,1990 (55 PR 47990). Storm water discharge permits will provide a mechanism for monitoring the discharge
of pollutants to waters of the United States and for establishing source controls where necessary.
ENVIRONMENTAL IMPACTS
Pollutants in storm water discharges from many sources are largely uncontrolled. The "National Water Quality
Inventory, 1990 Report to Congress* provides a general assessment of water quality based on biennial reports
submitted by the States under Section 305(b) of the Clean Water Act. The Report indicates that roughly 30%
of identified cases of water quality impairment are attributable to storm water discharges. The States identified
a number of major sources of storsi water runoff which cause water quality impacts including separate storm
sewers, construction, waste disposJ, and resource extraction.
INDUSTRIAL FACILITIES COVERED
EPA has defined the term 'storm water discharge associated with industrial activity in a comprehensive manner
to address over 100,000 facilities (see Appendix A for complete definition and Appendix B for a discussion of
applicability of the definition). All storm water discharges associated with industrial activity that discharge
through municipal separate storm sewer systems are required to obtain NPDES permit coverage, including those
which discharge through systems serving populations less than 100,000. Discharges of storm water to a
combined sewer system or to a POTW are excluded. Facilities with storm water discharges associated with
industrial activity include: manufacturing/industrial facilities; construction operations disturbing five or more
acres; hazardous waste treatment, storage, or disposal faculties; landfills; certain sewage treatment plants;
recycling facilities; power plants; mining operations; some oil and gas operations; airports; and certain other
transportation facilities. Operators of industrial facilities that are Federally, State or municipally owned or
operated that meet the description of the facilities listed in 12126(b)(14)(i)-(xi) must also submit applications.
INDUSTRIAL APPLICATION OPTIONS
The storm water regulation presents three permit application options for storm water discharges associated with
industrial activity. The Erst option is to submit an individual application consisting of Forms 1 and 2F. The
second option is to participate in a group application. The third option is to file a notice of intent (NOI) to be
covered under a general permit in accordance with the requirements of an issued general permit. The following
overview briefly outlines each of these three options and the subsequent attachments provide a more detailed
explanation.
January 8,1992
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A. INDIVIDUAL APPLICATIONS
Operators of facilities with storm water discharges associated with industrial activity which do not participate in
a group application or obtain coverage under a general permit must submit an individual application consisting
of Form 1 and Form 2F. The information required in Form 2F includes a site drainage map, a narrative
description of the site identifying potential pollutant sources, and quantitative testing data. There are specific
requirements for construction activities and oil and gas operations and mining operations. See A-l for
additional information.
B. GROUP APPLICATIONS
The group application procedure is an option available for facilities that have similar operations, waste streams
and other characteristics. Group applications reduce the burden on the regulated community by requiring the
submission of quantitative data from only selected members of the group. The group application is submitted in
two parts. Part 1 of the application identifies all participants, provides facility specific information and proposes
a representative sampling subgroup. EPA will approve or deny members of the group based on the information
provided in part 1. Part 2 of the application consists of sampling data from each member of the sampling
subgroup identified in part one of the application. The applicable data reporting portions of Form 2F, along
with the certification, should be completed. See B-l for additional information.
C GENERAL PERMIT - NOI REQUIREMENTS
Industrial storm water dischargers which submit a notice of blent (NOI) to be covered by the general permit
are not required to submit an individual permit application or participate in a group application provided the
discharger is eligible for the permit and an individual permit application is not required by the Director. The
application burdens to dischargers submitting an NOI are significantly less than the burdens associated with
submitting an individual application or participating in a group application. The NOI requirements for the
general permit usually address only general information and typically do not require the collection of monitoring
data. NOIs on a case by case basis may be submitted where applicable general permits have been issued by the
permitting authority. EPA has proposed (56 FR 40948, August 16,1991) general permits in the 12 States
without NPDES authorization. EPA strongly encourages authorized NPDES States to issue general permits
where general permit authority is b place. As of December 1991, 28 of the 39 authorized NPDES States have
genera] permit authority and a number of other States are close to receiving such authority. See C-l for
additional information.
INDUSTRIAL PERMIT APPLICATION DEADLINES
Type of Application
Deadline
Individual
October 1.1992
Group
Parti
September 30, 1991
Part 2
May 18. 1992
(proposed to be extended to October 1,1992)
(56 ZE 56548, November 5, 1991) .
General Permit NOI
Deadline established in the general permit. EPA
has proposed a 180 day deadline for its general
permits (or by the individual application deadline,
whichever comes first).
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MUNICIPAL APPLICATIONS
"Municipal separate storm sewer* is defined as any conveyance or system of conveyances that is owned or
operated by a State or local government entity designed for collecting and conveying storm water which is not
part of a Publicly Owned Treatment Works. The application requirements do not apply to discharges from
combined sewers (systems designed as both a sanitary sewer and a storm sewer). Municipal separate storm
sewer systems which are addressed by the November 16,1990 regulations include storm sewers located in one of
173 cities with a population of 100,000 or more; located b one of the 47 counties identified by EPA as having
large populations in unincorporated, urbanized areas; and systems that are designated by the Director based on
consideration of the location of the discharge with respect to waters of the United States, the size of the
discharge, the quantity and nature of the pollutants discharged to waters of the United States, and other relevant
factors. The operator of a designated conveyance system will be notified by the Director. Under the November
1990 storm water rule, those municipal separate storm sewer systems identified must submit two-part applica-
tions. The first pan requires information regarding existing programs and the means available to the municipali-
ty to control pollutants. In addition, part one requires a field screening analysis of major outfalls to detect illicit
connections. Building on this information, the second part requires a limited amount of representative
quantitative data and a description of proposed storm water management plans. See D-l for a detailed
explanation of the two-part application process.
MUNICIPAL APPLICATION DEADLINES
Large Municipalities
Medium Municipalities
Parti
November 18, 1991
May 18. 1992
Parti
November 16, 1992
May 17, 1993
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INDIVIDUAL APPLICATION REQUIREMENTS
These requirements address storm water discharges associated with industrial activity which are not authorized by a
general permit and that are not included in a group application.
APPLICATION FORMS
• Applicants for discharges composed entirely of storm water must submit
Forms 1 and 2F
• Applicants for discharges composed of storm water and process wastewater
must submit Forms 1,2C, and 2F
• Applicants for new sources or new discharges composed of storm water and
noa-stonn water must submit Forms 1,2D, and 2F
• Applicants for discharges composed of storm water and nonpri
wastewater must submit Forms 1,2E, and 2F
• Authorized NPDES States may establish their own forms which are at least
as stringent as EPA's forms.
• Forms are available from State permitting authorities for facilities located in
NPDES authorized States, or from EPA Regional Offices for facilities
located in States without NPDES authorization.
FORM 2F REQUIREMENTS
• 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 the presence of
non-storm water discharges which are not covered by a NPDES permit
• Information on significant leaks and spills in last 3 years.
• Quantitative testing data for the following parameters:
• Any pollutants limited in an effluent guideline to which the facility is
subject
- Any pollutant listed in the facility's 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.
A-l
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INDIVIDUAL APPLICATION REQUIREMENTS
(Continued)
APPLICATION
REQUIREMENTS FOR
STORM WATER
DISCHARGES ASSOCIATED
WITH INDUSTRIAL
ACTIVITY FROM
CONSTRUCTION
ACTIVITIES
• Provide a narrative description of:
- Location and nature of construction activity (including a map)
. Total area of the ate and area to be excavated
- 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.
• No quantitative sampling.
• Application deadline
- 90 days prior to date when construction begins.
• EPA has not developed a standard form for these discharges at this time
(Form 2F is not required).
APPLICATION
REQUIREMENTS FOR
STORM WATER
DISCHARGES ASSOCIATED
WITH INDUSTRIAL
ACTIVITY FROM OIL & GAS
OPERATIONS AND MINING
OPERATIONS
• Operators of oil & gas facilities are not required to submit a permit
application unless the facility:
• Has had a discharge of a importable 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,
• Operators of active and inactive mining sites 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 onsite (inactive coal mining operations released from
SMCRA performance bonds and non-coal mining operations released from
applicable State or Federal reclamation requirements after December 17,
1990 are not required to submit permit applications).
AVAILABLE GUIDANCE
Outdance Manual For The Preparation of NPDES Permit Applications for Storm
Water Discharges Associated with Industrial Activity, available from the storm
water hotline, (703) 821-4823. •
DEADLINE
October 1,1992, or 180 days prior to commencement of a new discharge.
A-2
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GROUP APPLICATION REQUIREMENTS
Facilities which discharge storm water associated with industrial activity had until September 30.1991 to file a group
application in lieu of submitting a complete individual application or a NOI to be covered by a general permit
Dischargers part of the same effluent guideline subcategory or with similar activities and operations were able to submit
a group application.
Hie group application is submitted in two parts. Part 1 of the application was due by September 30,1991, and Part 2 of
the application is due by May 18,1992 (EPA has proposed to extend this deadline to October 1,1991 (56 fR 56548,
November 5,1991). EPA will review Part 1 and approve or deny the members in the group based on the information
provided. Part 1 of the application must be complete, however, before approval or denial is granted by EPA. At some
point, EPA will deny an application if information continues to be incomplete. Both parts are submitted directly to US
EPA Headquarters, Office of Wastewater Enforcement and Compliance (EN-336), 401M Street, SW, Washington, DC
20460, regardless of whether or not the included facilities are in a NPDES authorized State. Facilities may add on to a
group application upon a showing of good cause until February 18,1992.
EPA will take both parts of the application and formulate model permit language for members of that group. The
complete applications and model permit language will then be distributed to every NPDES authorized State or EPA
Region (if the State is not NPDES authorized) in which participants are located. The State then reviews the application
and model permit language. The Slate may consider the application and model permit language when issuing permits
(either individual or general). The State may ask each or any of the applicants for more information on their facility
and/or discharge if the State needs additional information. EPA Regional Offices will follow these same steps for
participants located in States without NPDES authorization.
PARTI
• A list of participants by name, location, and precipitation zone
• A summary of each participant's industrial activities
• An explanation of why the participants are sufficiently similar
• A list of significant materials stored outside by each participant and
materials management practices
• A list of representative dischargers that will submit test data in Part 2.
PART 2
Quantitative testing data
• Ten percent of dischargers must submit test data (for groups with 11 or
more members, a minimum of 10 and a maximum of 100 dischargers
must submit quantitative data; for groups of four to ten members, 50
percent of the facilities must submit data; there must be two dischargers
from each precipitation zone in which 10 or more members of the group
are located, or one discharger from each precipitation zone in which nine
or fewer members are located). Testing requirements are described
under 40 CFR 12226(c)(l)(i)(E) and 40 CFR 12221(g)(7).
ADDITIONAL
INFORMATION
A model group application accompanied by detailed information on how to
complete a group application is available from the storm water hotline, (703)
821-4823. Technical support with regard to sampling procedures is also
available from the hotline (Guidance Manual For The Preparation oj NPDES
Permit Applications For Storm Water Discharges Associated With Industrial
Activity). •
DEADLINES
Parti
September 30,1991
Part 2
May 18,1992
(proposed to be extended to
October 1,1992)
B-l
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EPA PROPOSED GENEIUL PERMIT REQUIREMENTS
On August 16,1991, EPA proposed for comment its draft baseline general permits (56 fR 40993) which are intended to
initially cover the majority of storm water discharges associated with industrial activity in 12 States and 6 territories
without authorized NPDES programs. The public comment period closed on October 15. The Agency hopes to finalize
these permits by the spring of 1991 The EPA permits will also serve as models for States with authorized NPDES
programs. As of December, 1991,28 of the 39 authorized NPDES States have authority to issue general permits and a
number of other States are close to receiving such authority. Facilities in authorized NPDES States should contact their
State permitting agencies to determine the status of the general permitting program. The following table outlines
conditions in EPA's proposed general permit
TYPES OF FACILITIES COVERED
The proposed general permits can cover the majority of
storm water discharges associated with industrial
activity in a State. Storm water discharges associated
with industrial activity that cannot be authorized by
general permits include those:
• With existing effluent guideline limitations for storm
water
. With an existing NPDES individual or general
permit for the storm water discharges
• That are or may reasonably be expected to be
contributing to a violation of a water quality
standard
. From inactive mining or inactive oil and gas
operations occurring on Federal lands where an
operator cannot be identified.
AREAS OF COVERAGE
• EPA's proposed general permits cover the following 12
States and 6 Territories:
- Alaska, Arizona, Florida, Idaho, Louisiana,
Massachusetts, Maine, New Hampshire, New
Mexico, Oklahoma, South Dakota, Texas, District of
Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the trust territory of
the Pacific Islands; on Indian lands in AL, CA, GA,
KY, MI, MN, MS, MT, NC, ND, NY, NV, SC, TN,
UT, WI, WY; from Federal facilities and Indian
lands in CO and WA; and from Federal facilities in
Delaware.
C-l
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EPA PROPOSED GENERAL PERMIT REQUIREMENTS
(Continued)
NOTICE OF INTENT (NOI)
REQUIREMENTS .
• After the general permits are issued, a facility must
submit a NOI to be authorized by the general permit
• NOI requirements are much less burdensome than
individual permit applications and do not require the
collection of discharge sampling data.
• Facilities which discharge to a large or medium
municipal separate storm sewer system must also
submit signed copies of the NOI to the operator of the
municipal system.
• Operators of construction activities must also submit
signed copies of the NOI to State or local agencies
approving sediment and erosion or storm water
management plans under which the construction activity
is operating.
PROHIBITIONS
Prohibition on non-storm water discharges as a
component of discharges authorized by this permit
(These discharges should already have an NPDES
permit)
Prohibition on discharges that contain a hazardous
substance in excess of reportable quantities established
under the CWA or CERCLA (see 40 CTR Part 117.3,
40 CFR Part 302.4). These are priority discharges
which are more appropriately covered by individual
permits or other general permits.
POLLUTION PREVENTION PLAN
REQUIREMENTS
• Operators of all facilities covered by the permit must
prepare and implement a storm water pollution
prevention plan.
• For existing facilities, plans must be completed within
180 days of the effective date of the permit, aad provide
compliance with the plan within 365 days of the
effective date of the permit
• For new facilities, plans must be completed and provide
for compliance prior to submitting a NOL
C-2
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EPA PROPOSED GENERAL PERMIT REQUIREMENTS
. (Continued)
BASELINE PLAN REQUIREMENTS
• Baseline pollution prevention plan requirements apply
to all facilities except construction activities,
(Additional special requirements for selected classes of
facilities are pi*m***A below.)
• Baseline pollution prevention plans have 2 major
objectives:
- Identify potential sources of pollution
• Identify and implement best management practices
to reduce pollutants in storm water discharges.
ADDITIONAL PLAN REQUIREMENT FOR
SALT STORAGE
Facilities with storage piles of salt must enclose or
cover the piles.
ADDITIONAL PLAN REQUIREMENTS FOR
CERTAIN SARA TITLE HI, SECTION 313
FACILITIES
• Special requirements only apply to facilities subject to
SARA Title m, Section 313 for chemicals that are
defined in the permit as "water priority chemicals."
• Areas of the facility where large amounts of identified
chemicals are used are subject to spill prevention and
containment requirements similar to spill prevention,
containment and countermeasure (SPCC) requirements
for oil handling facilities.
• Certain liquid storage areas are subject to secondary
containment requirements or alternative spill and
integrity testing requirements where secondary
containment is not economically achievable.
ALTERNATIVE POLLUTION PREVENTION
PLAN REQUIREMENTS FOR
CONSTRUCTION ACTIVITIES
• Plan requires identifying potential pollution sources and
implementing best management practices.
• Best management practices include sediment and
erosion controls and storm water management controls.
• Plans must provide for compliance with approved State
or local sediment and erosion control plans or storm
water management plans.
C-3
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EPA PROPOSED GENERAL PERMIT REQUIREMENTS
(Continued)
NUMERIC EFFLUENT LIMITATIONS
• Coal pile runoff: 50 mg/1 TSS and 6-9 pH
• Storm water discharges that come bto contact with
liquid storage or handling equipment or SARA Title
m, Section 313 facilities are subject to an acute whole
effluent toxicity limitation.
MONITORING REQUIREMENTS
• The proposed general permits provide that most
dischargers covered by the permit must conduct annual
monitoring of eight conventional parameters. Facilities
subject to these 'baseline* monitoring requirements are
not required to report monitoring results but must
maintain records of monitoring data.
• Six classes of industries must sample twice a year and
report to EPA. These industries include: certain
SARA Title HI, Section 313 facilities; primary metal
facilities; land disposal units; wood treatment facilities
(wood preservers) using chlorophenolic/creosote
formulations; wood treatment facilities (wood
preservers) using arsenic/chromium preservatives; and
coal pile runoff.
• Operators of contaminated storm water discharges
associated with industrial activity from oil and gas
exploration and production operations, and from
inactive mining operations where a past or present mine
operator cannot be identified, have the option of either
monitoring their storm water discharges associated with
industrial activity annually, or, in lieu of the monitoring,
have a Registered Professional Engineer certify that a
storm water pollution plan has been prepared and is
being implemented in accordance with the requirements
of the permit.
DEADLINE FOR SUBMITTING NOI
• 180 days from general permit issuance (or by the
individual application deadline, whichever comes first)
• For new discharges, at least 30 days prior to
commencement of construction.
C-4
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MUNICIPAL APPLICATION REQUIREMENTS
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. The November 1990 storm water final rule established requirements for a two-part
permit application 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 appropriate permit
conditions and ensures input from municipalities in developing appropriate controls.
PARTI
• General information (name, address, etc.)
• Existing legal authority and any additional authorities seeded
• Source identification information
• 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 of
receiving waters
» Field screening analysis for illicit connections and illegal dumping
• Characterization plan identifying representative outfalls fcr *.v.her sampling in
Pan 2
• Description of existing management programs to control pollutants from the
municipal separate storm sewer and to identify illicit connections
• Description of financial budget and resources currently available to complete
Parti
D-l
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MUNICIPAL APPLICATION REQUIREMENTS
(Continued)
PART 2
AVAILABLE
GUIDANCE
• Demonstration of adequate legal authority to control discharges, prohibit illicit
discharges, require compliance, and cany out inspections, surveillance, and
flBO&llOflflff
• Source identification indicating the location of any major outfalls and identifying
facilities that discharge storm water associated with industrial activity through the
municipal separate storm sewer
• 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
• Proposed schedule to provide estimates of: seasonal pollutant loads; and the
mean concentration for certain detected constituents in a representative storm
event
- Proposed monitoring program for representative data collection
• 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
. Program to detect and remove illicit discharges
. Program to monitor and control pollutants from municipal landfills, hazardous
waste treatment, disposal, and recovery facilities; SARA Title m, Section 313
facilities; and other priority industrial facilities
- Program to control pollutants in construction site runoff
• Estimated reduction in loadings of pollutants as a result of the management
program
• Fiscal analysis of necessary capital and operation and maintenance expenditures.
Guidance Manual For The Preparation Of Part 1 Of The NPDES Permit Application
For Discharges From Municipal Separate Storm Sewer Systems, available from the
storm water hotline, (703) 821-4823.
D-2
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MUNICIPAL APPLICATION REQUIREMENTS
(Continued)
DEADLINES
• Large municipal systems serving a population of 250,000 or oven
(55 fE 48073, November 16,1990, Appendices F and H)
Parti
November 18,1991
Part2
November 16,1992
• Medium municipal systems serving a population of 100,000 to 250,000:
(55 IE 48074, November 16,1990, Appendices G and I)
Parti
May 18,1992
Part 2
May 17,1992
D-3
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APPENDIX A
DEFINITION OF STORM WATER DISCHARGE
ASSOCIATED WITH INDUSTRIAL ACTIVITY
(40 CFR 12226(b)(14))
•Stonn 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 The term does not include discharges from facilities or activities excluded from the NPDES
program under 40 CFR Part 122. For the categories of industries identified in subparagraphs CO through (x) of this
subsection, the term includes, but is not limited to, storm water discharges from industrial plant yards; immediate access
roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products
used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process
waste waters (as defined at 40 CFR 401); sites used for the storage and maintenance of material handling equipment;
sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage
areas (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial
activity has taken place in the past and fignifiMmt materials remain and are exposed to storm water. For the categories
of industries identified in subparagraph (ri), the term includes only storm water discharges from all the areas (except
access roads and rail lines) that are listed in the previous sentence where material handling equipment or activities, raw
materials, intermediate products, final products, waste materials, by-products, or industrial machinery are exposed to
storm water. For the purposes of this paragraph, material handling activities include the: storage, loading and unloading,
transportation, or conveyance of any raw material, intermediate product, finished product, by-product or waste product
The term excludes areas located on plant lands separate from the plant's industrial activities, such as office buildings and
accompanying parking lots as long as the drainage from the excluded areas is not mixed with storm water drained from
the above described areas. Industrial facilities (including industrial facilities that are Federally, State, or municipally
owned or operated that meet the description of the facilities listed in this paragraph (i)-(xi)) include those facilities
designated under the provisions of 12226(a)(l)(v). The following categories of facilities are considered to be engaging in
•industrial activity* for purposes of this subsection:
(i) Facilities subject to storm water effluent limitations guidelines, new source performance standards, or toxic
pollutant effluent standards under 40 CFR Subchapter N (except facilities with toxic pollutant effluent standards which
are exempted under category (xi) of this paragraph);
(ii) Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28
(except 283 and 285) 29,311, 32 (except 323), 33, 3441, 373;
(iii) Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or
inactive mining operations (except for areas of coal mining operations no longer meeting the definition of a reclamation
area under 40 CFR 434.11(1) because the performance bond issued to the facility by the appropriate SMCRA authority
has been released, or except for areas of non-coal mining operations which have been released from applicable State or
Federal reclamation requirements after December 17,1990 and ofl and gas exploration, production, processing, or
treatment operations, or transmission facilities that discharge storm water contaminated by contact with or that has come
into contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products
located on the site of such operations; (inactive mining operations are mining sites that are not being actively mined, but
which have an identifiable owner/operator, inactive mining sites do not include sites where mining claims are being
maintained prior to disturbances associated with the extraction, beneficaation, or processing of mined materials, nor sites
where minimal activities are undertaken for the sole purpose of maintaining a mining claim);
(iv) Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim
status or a permit under Subtitle C of RCRA;
(v) Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste
that is received from any of the facilities described under this subsection) including those that are subject to regulation
under Subtitle D of RCRA;
(vi) Facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers, salvage yards,
and automobile junkyards, including but limited to those classified as Standard Industrial Classification 5015 and 5093;
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APPENDIX A
DEFINITION OF STORM WATER DISCHARGE
ASSOCIATED WITH INDUSTRIAL ACTIVITY
(40 CFR 12226(b)(14))
(continued)
(vii) Steam electric power generating facilities, including coal handling sites;
(viii) Transportation facilities classified as Standard Industrial ChM'fiq't'p"? 40,41,42 (except 4221-25), 43,44,
45, and 5171 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only
those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical
repairs, painting, fueling, and lubrication), equipment cleaning operations, airport deicing operations, or which are
otherwise identified under paragraphs OHvii) or (ix)-(xi) of this subsection are associated with industrial activity;
(be) Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or
system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including land
dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design Dow of LO
mgd or more, or required to have an approved pretreament program under 40 CFR 403. Not included are farm lands,
domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically
located in the confines of the facility, or areas that are in compliance with Section 405 of the CWA;
(x) Construction activity including clearing, grading and excavation activities except: operations that result in the
disturbance of less than five acres of total land area which are not part of a larger common plan of development or sale;
(ri) Facilities under Standard Industrial Classifications 20,21,22,23,2434,25,265,267,27,283, 285,30,31
(except 311), 323,34 (except 3441), 35,36,37 (except 373), 38,39,4221-25, (and which are not otherwise included within
categories (u)-(x));
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APPENDIX B
APPLICABILITY OF THE DEFINITION OF 'STORM WATER DISCHARGE
ASSOCIATED WITH INDUSTRIAL ACTIVITY1
Hie term 'storm water discharge associated with industrial activity* provided in Appendix A defines the scope of
industrial facilities potentially included under the storm water regulation. ID order to determine the applicability of the
regulation to a particular facility, the facility must examine its activities in relationship to the eleven categories of
industrial facilities described under 12Z26(b)(14). Facilities designated by five of the categories are identified by
Standard Industrial Classification (SIC) codes (categories ii, Si, vi, viii, and xi); facilities designated by the other
categories are identified by a narrative description of the industrial activities (categories i, iv, v, vii, n, and z).
Identification of the appropriate SIC code for each facility is the responsibility of the applicant In some cases, the
applicable code may already have been identified for insurance, tax or accounting purposes. A complete listing of SIC
n titled and
,
codes and a detailed description of the structure of classification system is provided in a 1987 publication titled Stands^
Industrial gasification Manual published by the Office of Management and Budget The manual is available at most
major libraries in the reference section or is available for sale from the National Technical Information Service in
Springfield, Virginia (order number PB 87-100012) (703) 487-4650. Some categories of industrial activity (categories i, w,
v, vii, he, and x) under the definition at 12L26(b)(14) are not defined by SIC code but are defined by a narrative
description of the activity. The activities described in these narrative categories should be carefully reviewed.
To determine if a certain industrial facility is required to submit a NPDES permit application for storm water, compare
the 4-digit SIC codc(s) assigned to each facility, with the SIC codes listed in 40 CTR 12226 (b)(14)(ii), (u»). 0«). (""),
or (xi). If the first two digits of the assigned code match with any two digit code in the regulations, then the industrial
facility is required to submit a storm water permit application. If the first three digits in the assigned code match with
any three digit codes in the regulation, the facility is regulated. If all four digits in the SIC code match any of the four
digit codes in the regulation, the facility is regulated. Please note that the narrative descriptions in categories (iii), (viii)
and (xi) should also be considered in determining applicability of the regulations.
permit application, the permitting
them of all requirements and deadlines.
It is important to note that the scope of the NPDES program only covers discharges from point sources. A point source
is defined at 40 CFR 1*>* as any discernible, confined, and discrete conveyance, including but not tinted to, any pipe,
ditch, channel tunnel conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill
leochate collection system, vessel or other footing craft from which pollutants an or may be discharged. Ihis term does not
inchide return fbw from irrigated ogriculaut or agriculnris^ If a facility has neither a point source
discharge of storm water to the waters of the United States nor to a municipal separate storm sewer system, the facility
is not required to submit a NPDES permit application for their storm water discharge.
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