Title: Final NPDES General Permits for Storm Water Discharges Associated With Industrial Activity; Notice Friday, Sept. 25, 1992
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Title: Final NPDES General Permits for Storm Water Discharges Associated With Industrial Activity; Notice Friday, Sept. 25, 1992
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Spatial Coverage: North America -- United States of America -- Florida
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Abstract: Jake Varn Collection - Final NPDES General Permits for Storm Water Discharges Associated With Industrial Activity; Notice (JDV Box 95)
General Note: Box 20, Folder 1 ( EPA (Federal Register) ), Item 2
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Full Text



Friday
September 25, 1992


Part IV


Environmental
Protection Agency
Final NPDES General Permits for Storm
Water Discharges Associated With
Industrial Activity; Notice







Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


ENVIRONMENTAL PROTECTION
AGENCY
[FRL-4511-'1i -
Final NPDES General Permits for
Storm Water Discharges Associated
With Industrial Activity
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of Final NPDES General
Permits.
SUMMARY: The Regional Administrator
of Regions I, II, III, and IX (the "Regions"
or the "Directors") are today issuing
final National Pollutant Discharge
Elimination System (NPDES) general
permits for storm water discharges
associated with industrial activity
(except discharges from construction
activity) in Massachusetts, Puerto Rico,
District of Columbia, Guam and
American Samoa; on Indian lands in
New York; and from Federal facilities in
Delaware.
These general permits establish
Notice of Intent (NOI) requirements,
prohibitions, requirements to develop
and implement storm water pollution
prevention plans, and requirements to
conduct site inspections for facilities
with discharges authorized by the
Permit. In addition, these general
permits establish monitoring
requirements for certain classes of
facilities and a numeric effluent
limitation for discharges of coal pile
runoff subject to the general permits.
DATES: These general permits shall be
effective on'September.25, 1992. This
effective date is necessary to provide
appropriate dischargers with the
opportunity to.comply with the October
1, 1992 deadline for-submitting an
NPDES application for storm water
discharges associated with industrial by
submitting a Notice of Intent (NOI) to be
covered by the permits.
Deadlines for submittal of Notices of
Intent (NOIs) are provided in part II.A of
the general permits. Today's general
permits also provide additional dates for
compliance with the terms of the permit
and for submitting monitoring data
where required.
ADDRESSES: Notices of Intent to be
authorized to discharge under these
permits should be sent to: Storm Water
Notices of Intent, PO Box 1215,
Newington, VA 22122.
Other submittals of information
required under these permits or
individual permit applications should be
Sent to the appropriate EPA Regional
Office. The addresses of the Regional
Offices and the name and phone number
of the Storm Water Regional


Coordinator is provided in section II of
the Fact Sheet.
The index to the administrative
records for these permits is available at
the appropriate Regional Office. The
complete administrative record is
located at EPA Headquarters, EPA
Public Information Reference Unit, room
2402, 401 M Street SW, Washington, DC
20460. A reasonable fee may be charged
for copying. Specific record information
will be made available at the
appropriate Regional Office as
requested.
FOR FURTHER INFORMATION CONTACT:
For further information on the final
NPDES general permits, contact the
NPDES Storm Water Hotline at (703)
821-4823 or the appropriate EPA
Regional Office. The name, address and
phone number of the Regional Storm
Water Coordinators are provided in
Section II of the Fact Sheet.
SUPPLEMENTARY INFORMATION.
I. Introduction
II. Regional Contacts
III. Section 401 Certifications
IV. Economic Impact (Executive Order 12291)
V. Paperwork Reduction Act
VI. Regulatory Flexibility Act
I. Introduction
The Regional Administrators of the
United States Environmental Protection
Agency (EPA) are issuing final general
permits for the majority of storm water
discharges associated with industrial
.activity as 'follows:
Region I-For the State of
Massachusetts.
Region ,I-For the Commonwealth of
Puerto Rico and for Indian lands located
in New York.
-Region Ill-For the District of
Columbia and for Federal Facilities in
Delaware.
Region IX-For Guam and American
Samoa.
On August 16, 1991, (56 FR 40948) EPA
requested public comment on draft
general permits forming the basis for
today's final general permits. In addition
to addressing those storm water
discharges from industrial activity
addressed in today's permits, the August
16, 1991, draft general permits addressed
storm water discharges from
construction activities. The permits in
this notice only address storm water
associated with industrial activity other
than construction activities.
EPA received more than 330
comments on the August 16. 1991, draft
general permits. In addition, public
hearings to discuss the draft general
permits were held in Dallas, TX;
Oklahoma City, OK; Baton Rouge, LA;
Albuquerque, NM; Seattle, WA; Boise,
ID: Juneau, AK; Pierre, SD; Phoenix, AZ:


Orlando, FL; Tallahassee, FL; Augusta,
ME; Boston, MA; and Manchester, NH.
On September 9, 1992, (57 FR 41236),
EPA published final National Pollutant
Discharge Elimination System (NPDES)
general permits for storm water
discharges associated with industrial
activity from construction sites in 11
States (Alaska, Arizona, Florida, Idaho,
Louisiana, Maine, New Hampshire, New
Mexico, Oklahoma, South Dakota, and
Texas); the Territories of Johnston Atoll,
and Midway and Wake Islands; on
Indian lands in Alaska, Arizona,
California, Colorado, Florida, Idaho,
Maine, Massachusetts, Mississippi,
Montana, New Hampshire, Nevada,
North Carolina, North Dakota, Nevada,
Utah, Washington, and Wyoming; from
Federal facilities in Colorado, and
Washington; and from Federal facilities
and Indian lands in Louisiana, New
Mexico, Oklahoma, and Texas.
EPA is incorporating portions of the
detailed fact sheet for the general permit
for storm water discharges associated
with industrial activity (other than
construction activity) published on
September 9, 1992, as part of the final
fact sheet and statement of basis for
today's final permit. The sections of the
fact sheet published on September 9,
1992 1 being incorporated are section I,
Introduction; Section II, Coverage of
General Permits; Section III, Summary of
Options for Controlling Pollutants;
Section IV, Summary of Permit
Conditions; and Section V. Cost
Estimates; and Appendix A-Summary
of Responses to Public Comments on the
August 16, 1991, Draft General Permits.
Today's notice addresses final general
permits for storm water discharges
associated with industrial activity
(except discharges from construction
activity) in Massachusetts, Puerto Rico,
District of Columbia, Guam and
American Samoa; on Indian lands in
New York; and from Federal facilities in
Delaware. These permits may authorize
the majority of storm water discharges
associated with industrial activity to
waters of the United States, including
discharges through large and medium
municipal separate storm sewer systems
and through other municipal separate
storm sewer systems. As discussed
below, these permits do not authorize

SThe September 9, 1992. fact sheets incorporate
portions of the draft general permits published on
August i 1991 (56 FR 40948). These portions of the
August 16. 1991. fact sheets are also incorporated
into today's permits. Sections of the August 16. 1991.
factsheet!heing incorporated are section 1,
Background; section 4. Summary of Options for
Contmlling pollutants: and section 5. The Federal/
'Municipal Partnership: The Role of Municipal
Operators of Large and Medium Municipal Separate
Storm Sewers.


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Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


storm water discharges associated with
industrial activity from construction
"" activities and several additional classes
of storm water discharges.
Today's notice contains four
appendices. Appendix A incorporates
Appendix A-Summary of Responses to
Public Comments on the August 16, 1991,
Draft General Permits, of the September
9, 1992 permits. Appendix B provides the
language of the final general permits.
Except as provided in Part XI of the
permits, Parts I through X apply to all
permits. Part XI of the permit contains
conditions which only apply to
dischargers in the State indicated.
Appendix C is a copy of the Notice of
Intent (NOI) form (and associated
instructions) for dischargers to obtain
coverage under the general permits.
Appendix D is a copy of the Notice of
Termination (NOT) form (and
associated instructions) that can be used
by dischargers wanting to notify EPA
that their storm water discharges
associated with industrial activity have
been terminated or that the permitted
has transferred operation of the facility.
II. Regional Contacts
Notices of Intent to be authorized to
discharge under these permits must be
sent to: Storm Water Notices of Intent,
PO Box 1215, Newington, VA 22122.
Other submittals of information
required under these permits or
individual permit applications'or other
written correspondence concerning
discharges in any State, Indian land, or
from any Federal facility covered,
should be sent to the appropriate EPA
Regional Office listed below:
Massachusetts
United States EPA, Region I-Water
Management Division, (WCP-2109), Storm
Water Staff, John F. Kennedy Federal
Building, Room 2209, Boston, MA 02203,
Contact: Veronica Harrington, (617) 565-
3525.
New York (Indian lands), Puerto Rico
United States EPA, Region II-Water
Management Division, (2WM-WPC), Storm
Water Staff, 26 Federal Plaza, New York,
NY 10278, Contact: Jose Rivera, (212) 264-
2911.
District of Columbia, Delaware (Federal
facilities)
United States EPA, Region Ill-Water
Management Division. (3WM55), 841
Chestnut Building, Philadelphia, PA 19107,
Contact: Kevin Magerr, (215) 597-1651.
Guam and American Samoa
United States EPA, Region IX-Water
Management Division, (W-5-1), Storm
Water Staff, 75 Hawthorne Street, San
Francisco, CA 94105, Contact: Eugene
Bromley, (415) 744-1906.


III. 401 Certification
Section 401 of the CWA provides that
no Federal license or permit, including
NPDES permits, to conduct any activity
that may result in any discharge into
navigable waters shall be granted until
the State in which the discharge
originates certifies that the discharge
will comply with the applicable
provisions of sections 301, 302, 303, 306,
and 307 of the CWA. The section 401
certification process has been completed
for all States, Indian lands and Federal
facilities covered by today's general
permits. The following summary
indicates where additional permit
requirements have been added as a
result of the certification process and
also provides a more detailed discussion
of additional requirements for
Massachusetts, Florida, and Puerto Rico.
Massachusetts
See the following and part X.A of the
general permit for 401 conditions. As a
condition for certification under section
401 of the CWA, the Commonwealth of
Massachusetts required inclusion of the
following conditions necessary to ensure
compliance with State water quality
concerns.
Storm water discharges not eligible
for coverage under this permit include
new orincreased storm water
discharges to coastal water segments
within Massachusetts designated as
"Areas of Critical Environmental
Concern (ACEC)" (for information on
ACEC, please contact the Executive
Office of Environmental Affairs, Coastal
Zone Management at (617) 727-9350). In
addition, new or increased discharges,
as defined at 314 CMR 4.02(19), which
meet the definition of "storm water,
discharge," as defined at 314 CMR
3.04(2)(a)(1) or (2)(b), to Outstanding
Resource Waters which have not met
the provisions of 314 CMR 4.04(3) and
part III C.1 of this permit (as amended
by the special requirements for
discharges in Massachusetts), are not
eligible for coverage under this permit.
Permittees in Massachusetts are to
submit NOIs to the following address:
Storm Water Staff, Storm Water Notice
of Intent, US EPA Region 1, MA, PO Box
1215, Newington, VA 22122. A copy of
the NOI for all discharges to
Outstanding Resource Waters shall be
submitted to the Commonwealth of
Massachusetts at the following address:
Massachusetts Department of
Environmental Protection, Storm Water
Notice of Intent, BRP-WP 43, PO Box
4062, Boston, Massachusetts, 02211.
For details on filing for permits with
MA DEP see 310 CMR 4.00, Timely
Action Schedule and Fee Provisions. For


other information call the MA DEP
Information Services at (617) 338-2255 or
the Technical Services Section of the
DEP Division of Water Pollution Control
at (508) 792-7470.
Massachusetts 401 certification
requires the following best management
practices. Storm water discharge outfall
pipes to Outstanding Resource Waters
shall be removed and the discharge set
back from the receiving water when
dischargers are seeking to increase the
discharge or change the site drainage
system; all new discharge outfalls must
be set back from the receiving water.
Receiving swales for outfall pipes shall
be prepared to minimize erosion and
maximize infiltration prior to discharge.
The goal is to infiltrate as much as
feasible; infiltration trenches and
basins, filter media dikes and/or other
BMPs shall be used to meet the goal.
Protecting Water Quality in Urban
Areas by the Minnesota Pollution
Control Agency, Division of Water
Quality is a reference for BMPs.
Storm water discharges to waters that
are not classified as Outstanding
Resource Waters shall be subject to the
requirements of this permit. New
discharge outfall pipes shall be designed
to be set back from the receiving water
when site conditions allow. For existing
discharge outfall pipes, when the storm
water drainage system is undergoing
changes, outfall pipes shall be set back
from the receiving water. A receiving
swale, infiltration trench or basin, filter
media dike or other BMP should be
prepared with the goal to minimize
erosion yet maximize infiltration or
otherwise improve water quality prior to
discharge.
All discharges to Outstanding
Resource Waters authorized under this
permit must be provided the best
practical method of treatment to protect
and maintain the designated use of the
outstanding resource.
Delaware
See the following discussion and part
X.C of the general permit for additional
401 conditions. As a condition for
certification under section 401 of the
CWA, the State of Delaware required
inclusion of the following conditions
necessary to insure compliance with
State water quality concerns.
In addition to submitting all NOIs to
the central NOI receiving office in
Newington, VA, permittees in Delaware
also must submit a copy of all NOIs to
the State of Delaware at the following
address: Water Pollution Control .
Branch, NPDES Storm Water Program,
Delaware Department of Natural
Resources and Environmental Control,


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Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 ,/ Notices


89 Kings'Highway, P.O. Box 140, Dover,
DE 19903. All Disdharge Monitoring
Reports ;(DMRs), pollution prevention
plans, as well as subsequent revisions,
must be submitted to the State of
Delaware at fhis same address. DMRs
also must be submitted to the NPDES
Programs:Director, U:S. EPA Region III,
Water Management Division (3WM55),
Storm Water Staff, 841 Chestnut
Building, Philadelphia, PA 19107.
Commonwealth of Puerto Rico
Seethe following discussion and part
X.B of the general permit for additional
401 conditions.
The Environmental Quality Board
(EQB) df Puerto Rico issued on
September 14, 1992 the General Water
Quality Certificate (GWQC) in
accordance with section 401 of:the
Clean Water Act 'for storm water
discharges associated with 'industrial
activity. This action was taken in
response to the Region II Environmental
Protection Agency's certification request
of November 1,1991.
The EQB's draft GWQC incorporated
special conditions that must be met by
all storm water discharges associated
with industrial activity. A public notice
was prepared .including a notification 'to
interested parties about the intention to
issue a GWQC. The public notice
provided a thirty'(30) day public
comment period. In addition, a public
hearing washield on July 21,1992.
The special conditions included in the
GWQC are'intended to assure that the
general permit applicant will comply
with the applicable requirements of the
Commonwealth of Puerto Rico Law and
sections 301(b)(1)(c) and 401(d) of the
Clean Water Act. The GWQC contains,
among others, the following special
conditions:
Quarterly'Monitoring shall be
performed. Parameters to be sampled
are the following: a) For the industries
identified in the final general permit
applicable to Puerto Rico, the
parameters established for each specific
industry; and b)For all other industries,
the parameters are: oil and.grease, pH,
biochemical oxygen.demand, chemical
oxygen demand, total suspended solids,
total phoslhorus,'total Kjeldahl
nitrogen, nitrate,pllus nitrite as nitrogen,
and any,pollutantlimited in an effluent
guideline 'o which the process
wastewater stream at the facility is
subject.
Moriitoring results must be
submitted quarterly.
If the construction ofany treatment
system for waters composed entirely of
storm water;is necessary, the permitted
shall obtain the approval of the


engineering report, plans and
specifications from the EQB.
The permitted shall.operate all air
pollution control equipment in
compliance with the applicable
provisions of the Regulation for the
Control of Atmospheric Pollution, as
amended, to avoid water pollution as a
result of air pollution fallout.
The permitted should install a rain
gauge andkeep daily records of the rain.
Within 180,days of submitting the
Notice of Intent (NOI), existing
dischargers shall submit a Certification
stating that the Storm Water Pollution
Prevention Plan was developed.
One yearafter submitting the NOI,
existing dischargers shall submit a
certification pertaining to the
implementation of the Storm Water
Pollution Prevention Plan.
Within thirty (30) days of
submission of the NOI, new dischargers
shall submit a certification stating that
the Storm Water Pollution Prevention
Plan has been developed and
implemented.
The Storm Water Pollution
Prevention Plan should be reviewed at
least once every three (3) years to
determine the need to update the Plan.
Within forty-five (45) days after the
effective date of the permit, the
permitted shall.submit to EQB with a
copy to the EPA, .the number of storm
water discharges covered by this permit
and a drawing indicating the drainage
area of each.storm water discharge and
its respective sampling point.
The discharges shall not cause the
presenoe-ofan oil sheen in the receiving
body of water.
The.storm water discharges
associated with industrial activity will
not cause a violation of the applicable
water quality standards.
EPA has incorporated the terms of the
EQB GWQC into the final general
permit for Puerto Rico (PR) as described
in Part XI of the general permit. A
number of the EQB Conditions have
simply been added to EPA's general
permit (e.g., the condition that the
discharge not cause presence of an oil
sheen; the requirement for rain gauge;
the requirement for EQB approval of
plans and specifications, etc.)
A number of changes and additions
are specified for part IV, Storm Water
pollution Prevention Plans, in order to
incorporate the.EQB requirements
regarding certification of the
development and implementation of the
Plans, and to.ensure that the specific
time periods specified by EQB were
included.
In certain instances, conditions in
EPA's general,permit were expanded
slightly in order to incorporate more


detailed and specific EQB requirements
(e.g. Part VII:O., Proper Operation and
Maintenance, expansion of EPA's
condition to include adequate funding,
effective management, qualified
operator staffing, etc.)
Review and appeals of special
conditions attributable to the GWQC
shall be made through the applicable
procedures of the Commonwealth of
Puerto Rico and may not be through
EPA procedures. Copies of the GWQC
may be obtained by writing to the EQB,
P.O. Box 11488, Santurce, Puerto Rico,
00910, or by calling at (809J 767-8181.
Delaware (Federal facilities)
See the following and part XI.C of the
general permit for 401 conditions. As a
condition for certification under section
401 of the CWA. the State'of Delaware
required inclusion df the following
conditions necessary to ensure
compliance with State water quality
concerns.
In addition to submitting all NOIs to
the central NOI receiving office in
Newington, VA, permittees in Delaware
also must submit a copy fall NOIs to
the State of Delaware at the following
address: Water Pollution Control
Brandh, NPDES Storm Water Program,
Delaware Department of Natural
Resources and Environmental Control,
89 Kings Highway, P:O. Box 140, Dover,
DE 19903. All Discharge Monitoring
Reports '(DMRs), pollution prevention
plans, as well as subsequent revisions,
also must be stibmitted to the State of
Delaware at this same address.
In addition to the site inspection
requirements discussed at part
IV(D)(3)(d) of this permit, Delaware
federal facilities shall conduct monthly
inspections in areas where significant
materials are stored to determine the
exposure of such materials to storm
water runoff. Where the permitted
determines that exposure of significant
materials to storm water.has occurred,
the storm water pollution prevention
plan shall be amended appropriately to
eliminate or reduce the exposure. Also,
permittees must inspectall structural
controls after every rainfall event to
confirm that these controls are operating
properly. If any structural control is not
operating properly, the permitted must
correct this.situation or develop a time
frame for its correction. Records of all
inspections,.amendments to the storm
water pollution prevention plan and
corrective actions must'be maintained.
In addition to meeting the annual
monitoring requirements for airports
presented in.EPA's baseline general
permit, the special conditions for federal
facilities in Delaware require that all


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Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


Federal airport facilities in the State of
Delaware, not just airports with over
50,000 flight operations per year, sample
for Total Petroleum Hydrocarbons (mg/
L).
Applicants are required to obtain a
certification of consistency with the
Delaware Coastal Management Program
(CZMA 1972, 16 U.S.C. 1451).
District of Columbia
See the following and part XI.D of the
general permit for 401 conditions. As a
condition for certification under section
401 of the CWA, the District of
Columbia required inclusion of the
following conditions necessary to ensure
compliance with water quality concerns.
All Federal facility permittees covered
under this permit must meet all
applicable District of Columbia laws.
The Director may notify any permitted
that additional control measures are
required in order to achieve the 40
percent reduction in nitrogen and
phosphorus entering the main stem of
the Chesapeake Bay by the year 2000, as
mandated by the 1987 Chesapeake Bay
Agreement.
Any discharge composed of coal pile
runoff shall not exceed a maximum
concentration for any time of 50 mg/l
total suspended solids. Coal pile runoff
shall not be diluted with storm water
from other portions of the site or other
flows in order to meet this limitation.
The pH of such discharges shall be
within the range of f.0-8.5. Any
untreated overflow from facilities
designed, constructed and operated to
treat the volume of coal pile runoff
which is associated with a 10 year, 24
hour rainfall event shall not be subject
to the 50 mg/1 limitation for total
suspended solids. Failure to
demonstrate compliance with these
limitations as expeditiously as
practicable, but in no case later than
October 1, 1995, will constitute a
violation of this permit.
In addition to submitting the following
to United States EPA Region III Office
(as provided in parts I through X),
signed copies of discharge monitoring
reports required under Parts VI.D.1.a,
VI.D.1.b, and VI.D.1.c, individual permit
applications and all other reports
required herein, shall be submitted to
the District of Columbia at the following
address: Government of the District of
Columbia. Department of Consumer and
Regulatory Affairs, Environmental
Regulation Administration. 2100 Martin
Luther King, Jr. Avenue SE.,
Washington, DC 20020.
American Samoa
See the following and part XI.E of the
general permit for 401 conditions. As a


condition for certification under section
401 of the CWA, the territory of
American Samoa required inclusion of
the following special conditions.
Permittees must submit a copy of all
NOIs and pollution prevention plans to
the American Samoa Environmental
Protection Agency.
Guam
See the following and part XI.F of the
general permit for 401 conditions. As a
condition for certification under section
401 of the CWA, the territory of Guam
required inclusion of the following
special conditions.
Permittees must submit a copy of all
NOls to the Guam Environmental
Protection Agency at the following
address: D-107 Harmon Plaza, 130 Rojas
St., Harmon, Guam 95911, and to other
appropriate Government of Guam
agencies. All pollution prevention plans
and discharge monitoring reports
(DMRs) also must be submitted to Guam
EPA.
IV. Economic Impact (Executive Order
12291)
EPA has submitted this notice to the
Office of Management and Budget for
review under Executive Order 12291.
V. Paperwork Reduction Act
EPA has reviewed the requirements
imposed on regulated facilities in these
final general permits under the
Paperwork Reduction Act of 1980, 44
U.S.C. 3501 et. seq. EPA did not prepare
an Information Collection Request (ICR)
document for today's permits because
the information collection requirements
in these permits have already been
approved by the Office of Management
and Budget (OMB) in submissions made
for the NPDES permit program under the
provisions ,of the Clean Water Act.
VI. Regulatory Flexibility Act
Under the Regulatory Flexibility Act,
U.S.C. 601 et. seq., EPA is required to
prepare a Regulatory Flexibility
Analysis to assess the impact of rules on
small entities. No Regulatory Flexibility
Analysis is required, however, where
the head of the agency certifies that the
rule will not have a significant economic
impact on a substantial number of small
entities.
Today's permits provide small entities
with an application option that is less
burdensome than individual
applications or participating in a group
application. The other requirements
have been designed to minimize
significant economic impacts of the rule
on small entities and does not have a
significant impact on industry. In
addition, the permits reduce significant


administrative burdens on regulated
sources. Accordingly, I hereby certify
pursuant to the provisions of the
Regulatory Flexibility Act, that these
permits will not have a significant
impact on a substantial number of small
entities.
Authority: Clean Water Act, 33 USC 1251 et
seq.
Dated: September 17, 1992.
Paul Keough,
Acting Regional Administrator, Region I.
Dated: September 16, 1992.
Constantine Sidamon-Eristoff,
Regional Administrator. Region II.
Dated: September 11,1992.
A.R. Morris,
Acting Regienal Administrator, Region III.
Dated: September 16.1992.
John Wise,
RegionalAdministrator, Region IX
Appendix A-Summary of Responses to
Public Comments on the August 16,
1991, Draft General Permits
The summary of responses to Public
Comment on the August 16, 1991, draft
general permits presented in appendix A
of the September 9, 1992 final general
permits at 57 FR 41257, is hereby
incorporated in appendix A of today's
notice.
Appendix B-NPDES General Permits
for Storm Water Discharges Associated
with Industrial Activity
[Permit No. MAR000000]
Authorization to Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the'provisions of
the Clean Water Act, as amended (33
U.S.C. 1251 et. seq; the Act), except as
provided in Part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity,
located in the State of Massachusetts,
are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by these permits
must submit a Notice of Intent in
accordance with Part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with Part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
September 25, 1992.


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Federal Resister / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


This permit and the authorization to
discharge shall expire at midnight,
September 25, 1997.
Signed and issued this 17th day of
September 1992.
Larry Brill,
Acting Director, WaterMonogement Division.
This signature is for the permit
conditions in parts I through X and for
any additional conditions in part XI
which apply to facilities located in the
State of Massachusetts.
[NPDES Permit No. NYROOOOOF]
Authorization to Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended (33
U.S.C. 1251 et seq.; the Act), except as
provided in Part I.B.3 of this permit,
operators of storm water discharges
"associated with industrial activity",
located on Indian Lands in New York
State are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
Operators of storm water discharges
within the general permit area who
intend to be authorized by these permits
must submit a Notice of Intent in
Accordance with Part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with Part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
September 25,1992.
This permit and the authorization to
discharge shall expire .at midnight,
September 25, 1997.
Signed and issued this 3rd day of
September 1992.
Richard L Caspe, P.E.,
Director, Water Management Division, U.S.
Environmental Protection Agency, Region II.
[NPDES Permit No. PRR00000]O
Authorization to Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended (33
U.S.C. 1251 et seq.; the Act), except as
provided in part I.B.3 of this permit,
operators of storm water discharges
"associated with industrial activity",
located in the Commonwealth of Puerto
Rico are authorized to discharge in
accordance with the conditions and
,- requirements set forth herein.
Operators of storm water discharges
within the general permit area who
intend to be authorized by these permits
must submit a Notice of Intent in


accordance with Part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with Part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
September 25, 1992.
This permit and the authorization to
discharge shall expire at midnight,
September 25, 1997.
Signed and issued this 16th day of
September 1992.
Richard L Caspe, P.E.,
Director. Water Management Division, U.S.
Environmental Protection Agency, Region II.
This signature is for the permit
conditions in Parts I through X and for
any additional conditions in Part XI
which apply to facilities located in the
Commonwealth of Puerto Rico.
[Permit No. DC R000000]
Authorization to Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C.. .1251 et. seq.; the Act), except
as provided in Part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity,
located in the District of Columbia, are
authorized to discharge in accordance
with the conditions and requirements
set forth herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by these permits
must submit a Notice of Intent in
accordance with Part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with Part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
September 25, 1992.
This permit and the authorization to
discharge shall expire at midnight,
September 25, 1997.
Signed and issued this 16th day of
September, 1992.
A. R. Morris,
Water Management Director or Regional
Administrator.
[Permit No. DE ROOOOOOF (for permits that are
only for Indian lands and/or Fed. fac)]
Authorization to Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C.. .1251 et. seq.; the Act), except


as provided in Part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity.
located in Federal Facilities in the state
of Delaware, are authorized to discharge
in accordance with the conditions and
requirements set fourth herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by these permits
must submit a Notice of Intent in
accordance with Part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with Part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
September 25, 1992.
This permit and the authorization to
discharge shall expire at midnight,
September 25, 1997.
Signed and issued this 16th day of
September, 1992
A.R. Morris,
Water Management Director orRegional
Administrator.
Storm Water General Permit for
Industrial Activity (Excluding
Construction Activities)
[Permit No. GUR000000]
Authorization to Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C... 1251 et. seq.; the Act), except
as provided in Part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity
(excluding construction activity),
located on the Island of Guam are
authorized to discharge in accordance
with the conditions and requirements
set forth herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by this permit
must submit a Notice of Intent in
accordance with Part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with Part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
September 25, 1992.
This permit and the authorization to
discharge shall expire at midnight,
September 25, 1997.


44442 V


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Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


Signed and issued this 16th day of
September, 1992.
Catherine Kuhlman,
Acting Director, Water Management Division.
This signature is for the permit
conditions in Parts I through X and for
any additional conditions in Part XI
which apply to facilities located on the
Island of Guam.
Storm Water General Permit for
Industrial Activity (Excluding
Construction Activities)
[Permit No. ASR000000O
Authorization to Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended,
(U.S.C. 1251 et seq.; the Act),
except as provided in Part I.B.3 of this
permit, operators of storm water
discharges associated with industrial
activity (excluding construction
activity), located on American Samoa
are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by this permit
must submit a Notice of Intent in
accordance with Part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with Part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
September 25, 1992.
This permit and the authorization to
discharge shall expire at midnight,
September 27, 1992.
Signed and issued this 16th day of
September, 1992.
Catherine Kuhlman,
Acting Director, Water Management Division.
This signature is for the permit
conditions in Parts I through IX and for
any additional conditions in Part XI
which apply to facilities located on
American Samoa.
NPDES General Permit for Storm Water
Discharges Associated With Industrial
Activity
Table of Contents
Preface
Part I. Coverage Under This Permit
A. Permit Area.
B. Eligibility.
C. Authorization.
Part IL Notice of Intent Requirements
A. Deadlines for Notification.


B. Contents of Notice of Intent.
C. Where to Submit.
D. Additional Notification.
E. Renotification.
Part IIL Special Conditions
A. Prohibition on non-storm water
discharges.
B. Releases in excess of Reportable
Quantities.
Part IV. Storm Water Pollution Prevention
Plans
A. Deadlines for Plan Preparation and
Compliance.
B. Signature and Plan Review.
C. Keeping Plans Current.
D. Contents of Plans.
Part V. Numeric Effluent Limitations
A. Coal Pile Runoff.
Part VI. Monitoring and Reporting
Requirements
A. Failure to Certify.
B. Monitoring Requirements.
C. Toxicity testing.
D. Reporting: Where to Submit.
E. Retention of Records.
Part VII. Standard Permit Conditions
A. Duty to Comply.
B. Continuation of the Expired General
Permit.
C. Need to halt or reduce activity not a
defense.
D. Duty to Mitigate.
E. Duty to Provide Information.
F. Other Information.
G. Signatory Requirements.
IH. Penalties for Falsification of Reports.
I. Penalties for Falsification of Monitoring
Systems.
J. Oil and Hazardous Substance Liability.
K. Property Rights.
L. Severability.
M. Requiring an individual permit or an
alternative general permit.
N. State/Environmental Laws.
O. Proper Operation and Maintenance.
P. Monitoring and records.
Q. Inspection and Entry.
R. Permit Actions.
S. Bypass of Treatment Facility.
T. Upset Conditions.
Part VIII. Reopener Clause
Part IX. Notice of Termination
A. Notice ofTermination.
B. Addresses.
Part X. Definitions
Part XL State Specific Conditions
A. Massachusetts
B. Puerto Rico
C. Delaware (Federal facilities)
D. District of Columbia
E. American Samoa
F. Guam


Addendum A-Pollutants Listed in Tables II
and III of Appendix D of 40 CFR 122
Addendum B-Section 313 Water Priority
Chemicals
Addendum C-Large and Medium Municipal
Separate Storm Sewer Systems
Preface
The CWA provides that storm water
discharges associated with industrial
activity from a point source (including
discharges through a municipal separate
storm sewer system) to waters of the
United States are unlawful, unless
authorized by a National Pollutant
Discharge Elimination System (NPDES)
permit. The terms "storm water
discharge associated with industrial
activity", "point source" and "waters of
the United States" are critical to
determining whether a facility is subject
to this requirement. Complete
definitions of these terms are found in
the definition section (Part X) of this
permit. In order to determine the
applicability of the requirement to a
particular facility, the facility operator
must examine its activities in
relationship to the eleven categories of
industrial facilities described in the
definition of "storm water discharge
associated with industrial activity".
Category (xi) of the definition, which
addresses facilities with activities
classified under Standard Industrial
Classifications (SIC) codes 20, 21, 22, 23,
2434, 25, 265, 267, 27, 283, 31 (except 311).
34 (except 3441), 35. 36, 37 (except 373),
38, 39, 4221-25, (and which are not
otherwise included within categories (i)-
(x)), differs from other categories listed
in that it only addresses storm water
discharges where material handling
equipment or activities, raw materials,
intermediate products, final products,
Waste materials, by-products, or
industrial machinery are exposed to
storm water.2
The United States Environmental
Protection Agency (EPA) has
established the Storm Water Hotline at
(703) 821-4823 to assist the Regional
Offices in distributing notice of intent
forms and storm water pollution
prevention plan guidance, and to
provide information pertaining to the
NPDES storm water regulations.
Part I. Coverage Under This Permit
A. Permit Area. The permit covers all
areas of:

SOn lune 4.1992, the United States Court of
Appeals for the Ninth Circuit remanded the
exclusion of manufacturing facilities in category (xi)
which do not have materials or activities exposed to
storm water to the EPA for further rulemaking.
(Natural Resoures Defense Councilv. EPA. Nos.
90-70671 and 91-70200).


L~ __ _I L ~ I ____ __


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Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


Region I-the State of Massachusetts.
Region II-Puerto Rico and Indian lands
in New York.
legion III-the District of Columbia and
Federal facilities in the State of
Delaware.
Region IX-American Samoa and Guam.
B. Eligibility.
1. This permit may cover all new and
existing point source discharges of
storm water associated with industrial
activity to waters of the United States,
except for storm water discharges
identified under paragraph I.B.3.
2. This permit may authorize storm
water discharges associated with
industrial activity that are mixed with
storm water discharges associated with
industrial activity from construction
activities provided that the storm water
discharge from the construction activity
is in compliance with the terms,
including applicable notice of intent
(NOI) or application requirements, of a
different NPDES general permit or
individual permit authorizing such
discharges.
3. Limitations on Coverage. The
following storm water discharges
associated with industrial activity are
not authorized by this permit:
a. Storm water discharges associated
with industrial activity that are mixed
with sources of non-storm water other
,'~han non-storm water discharges that
ire:
(i) In compliance with a different
NPDES permit; or
(ii) Identified by and in compliance
with Part III.A.2 (authorized non-storm
water discharges) of this permit.
b. Storm water discharges associated
with industrial activity which are
subject to an existing effluent limitation
guideline addressing storm water (or a
combination of storm water and process
water) 3;
c. Storm water discharges associated
with industrial activity that are subject
to an existing NPDES individual or
general permit; are located at a facility
where an NPDES permit has been
terminated or denied; or which are
issued in a permit in accordance with
paragraph VII.M (requirements for

3 For the purpose of this permit, the following
effluent limitation guidelines address storm water
(or a combination of storm water and process
water): cement manufacturing (40 CFR 411): feedlots
(40 CFR 412); fertilizer manufacturing (40 CFR 418);
petroleum refining (40 CFR 419): phosphate
manufacturing (40 CFR 422); steam electric (40 CFR
423); coal mining (40 CFR 434): mineral mining and
processing (40 CFR 436); ore mining and dressing (40
CFR 440): and asphalt emulsion (40 CFR 443 Subpart
A). This permit may authorize storm water
..discharges associated with industrial activity which
re not subject to an effluent limitation guideline
-ven where a different storm water discharge at the
facility is subject to an effluent limitation guideline.


individual or alternative general
permits) of this permit. Such discharges
may be authorized under this permit
after an existing permit expires provided
the existing permit did not establish
numeric limitations for such discharges;
d. Storm water discharges associated
with industrial activity from
construction sites, except storm water
discharges from portions of a
construction site that can be classified
as an industrial activity under 40 CFR
122.26(b)(14) (i) through (ix) or (xi)
(including storm water discharges from
mobile asphalt plant, and mobile
concrete plants);
e. Storm water discharges associated
with industrial activity that the Director
(EPA) has determined to be or may
reasonably be expected to be
contributing to a violation of a water
quality standard;
f. Storm water discharges associated
with industrial activity that may
adversely affect a listed or proposed to
be listed endangered or threatened
species or its critical habitat; and
g. Storm water discharges associated
with industrial activity from inactive
mining, inactive landfills, or inactive oil
and gas operations occurring on Federal
lands where an operator cannot be
identified.
4. Storm water discharges associated
with industrial activity which are
authorized by this permit may be
combined with other sources of storm
water which are not classified as
associated with industrial activity
pursuant to 40 CFR 122.26(b)(14), so long
as the discharger is in compliance with
this permit.
C. Authorization.
1. Dischargers of storm water
associated with industrial activity must
submit a Notice of Intent (NOI) in
accordance with the requirements of
Part II of this permit, using a NOI form
provided by the Director (or photocopy
thereof), to be authorized to discharge
under this general permit.4
2. Unless notified by the Director to
the contrary, owners or operators who
submit such notification are authorized
to discharge storm water associated
with industrial activity under the terms
and conditions of this permit 2 days
after the date that the NOI is
postmarked.
3. The Director may deny coverage
under this permit and require submittal
of an application for an individual
NPDES permit based on a review of the
NO or other information.

SA copy of the approved NOI form is provided in
Appendix C of this notice.


Part II. Notice of Intent Requirements
A. Deadlines for Notification.
1. Except as provided in paragraphs
II.A.4 (rejected or denied municipal
group applicants), II.A.5 (new operator)
and II.A.6 (late NOIs), individuals who
intend to obtain coverage for an existing
storm water discharge associated with
industrial activity under this general
permit shall submit a Notice of Intent
(NOI) in accordance with the
requirements of this part on or before
October 1, 1992;
2. Except as provided in paragraphs
II.A.3 (oil and gas operations), II.A.4
(rejected or denied municipal group
applicants), II.A.5 (new operator), and
II.A.6 (late NOI) operators of facilities
which begin industrial activity after
October 1, 1992 shall submit a NOI in
accordance with the requirements of
this part at least 2 days prior to the
commencement of the industrial activity
at the facility;
3. Operators of oil and gas
exploration, production, processing, or
treatment operations or transmission
facilities, that are not required to submit
a permit application as of October 1,
1992 in accordance with 40 CFR
122.26(c)(1)(iii), but that after October 1,
1992 have a discharge of a reportable
quantity of oil or a hazardous substance
for which notification is required
pursuant to either 40 CFR 110.6, 40 CFR
117.21 or 40 CFR 302.6, must submit a
NOI in accordance with the
requirements of Part II.C-of this permit
within 14 calendar days of the first
knowledge of such release.
4. Storm water discharges associated
with industrial activity from a facility
that is owned or operated by a
municipality that has participated in a
timely Part 1 group application and
where either the group application is
rejected or the facility is denied
participation in the group application by
EPA, and that are seeking coverage
under this general permit shall submit a
NO1 in accordance with the
requirements of this part on or before
the 180th day following the date on
which the group is rejected or the denial
is made, or October 1, 1992, whichever is
later.
5. Where the operator of a facility
with a storm water discharge associated
with industrial activity which is covered
by this permit changes, the new operator
of the facility must submit an NOI in
accordance with the requirements of
this part at least 2 days prior to the
change.
6. An operator of a storm water
discharge associated with industrial
activity is not precluded from submitting


44444








Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


an NOI in accordance with the
requirements of this part after the dates
. provided in Parts II.A.1, 2, 3, or 4 (above)
of this permit. In such instances, EPA
may bring appropriate enforcement
actions.
B. Contents of Notice of Intent. The
Notice of Intent shall be signed in
accordance with Part VII.G (signatory
requirements) of this permit and shall
include the following information:
1. The street address of the facility for
which the notification is submitted.
Where a street address for the site is nor
available, the location of the
approximate center of the facility must
be described in terms of the latitude and
longitude to the nearest 15 seconds, or
the section, township and range to the
nearest quarter section:
2. Up to four 4-digit Standard
Industrial Classification (SIC) codes that
best represent the principal products or
for hazardous waste treatment, storage
or disposal facilities, land disposal
facilities that receive or have received
any industrial waste, steam electric
power generating facilities, or treatment
works treating domestic sewage. a
narrative identification of those
activities;
3. The operator's name, address.
telephone number, and status as
Federal, State, private, public or other
entity;
4. The permit numbers) of additional
NPDES permits) for any discharges)
(including non-storm water discharges)
from the site that are currently
authorized by an NPDES permit;
5. The name of the receiving waterss.
or if the discharge is through a municipal
separate storm sewer, the name of the
municipal operator of the storm sewer
and the ultimate receiving waters) for
the discharge through the municipal
separate storm sewer;
6. An indication of whether the owner
or operator has existing quantitative
data describing the concentration of
pollutants in storm water discharges
(existing data should not be included as
part of the NOI);
7. Where a facility has participated in
Part 1 of an approved storm water group
application, the number EPA assigned to
the group application shall be supplied;
and
8. For any facility that begins to
discharge storm water associated with
industrial activity after October 1, 1992.
a certification that a storm water
pollution prevention plan has been
prepared for the facility in accordance
with Part IV of this permit (A copy of
the plan should not be included with the
NOI submission).
C. Where to Submit. Facilities which
S discharge storm water associated with


industrial activity must use a NOI form
provided by the Director (or photocopy
thereof). The form in the Federal
Register notice in which this permit was
published may be photocopied and used.
Forms are also available by calling (703)
821-4823. NOIs must be signed in
accordance with Part VILG (signatory
requirements) of this permit. NOIs are to
be submitted to the Director of the
NPDES program in care of the following
address: Storm Water Notice of Intent,
PO Box 1215, Newington, VA 22122.
D. Additional Notification. Facilities
which discharge storm water associated
with industrial activity through large or
medium municipal separate storm sewer
systems (systems located in an
incorporated city with a population of
100,000 or more, or in a county identified
as having a large or medium system (see
definition in Part X of this permit and
Appendix E of this notice)) shall, in
addition to filing copies of the Notice of
Intent in accordance with paragraph
II.D, also submit signed copies of the
Notice of Intent.to the operator of the
municipal separate storm sewer through
which they discharge in accordance
with the deadlines in Part II.A
(deadlines for notification) of this
permit.
E. Renotification. Upon issuance of a
new general permit, the permitted is
required to notify the Director of their
intent to be covered by the new general
permit.
Part III. Special Conditions
A. Prohibition on non-storm water
discharges.
1. Except as provided in paragraph
III.A.2 (below), all discharges covered
by this permit shall be composed
entirely of storm water.
2. a. Except as provided in paragraph
III.A.2.b (below), discharges of material
other than storm water must be in
compliance with a NPDES permit (other
than this permit) issued for the
discharge.
b. The following non-storm water
discharges may be authorized by this
permit provided the non-storm water
component of the discharge is in
compliance with paragraph IV.D.3.g.(2)
(measures and controls for non-storm
water discharges): discharges from fire
fighting activities; fire hydrant flushings;
potable water sources including
waterline flushings; irrigation drainage;
lawn watering; routine external building
washdown which does not use
detergents or other compounds;
pavement washwaters where spills or
leaks of toxic or hazardous materials
have not occurred (unless all spilled
material has been removed) and where
detergents are not used; air conditioning


condensate; springs; uncontaminated
ground water; and foundation or footing
drains where flows are not
contaminated with process materials
such as solvents.
B. Releases in excess of Reportable
Quantities.
1. The discharge of hazardous
substances or oil in the storm water
discharge(s) from a facility shall be
prevented or minimized in accordance
with the applicable storm water
pollution prevention plan for the facility.
This permit does not relieve the
permitted of the reporting requirements
of 40 CFR part 117 and 40 CFR part 302.
Except as provided in paragraph III.B.2
(multiple anticipated discharges) of this
permit, where a release containing a
hazardous substance in an amount
equal to or in excess of a reporting
quantity established under either 40 CFR
117 or 40 CFR 302, occurs during a 24
hour period:
a. The discharger is required to notify
the National Response Center (NRC)
(800-424-8802; in the Washington, DC
metropolitan area 202-426-2675) in
accordance with the requirements of 40
CFR 117 and 40 CFR 302 as soon as he
or she has knowledge of the discharge;
b. The storm water pollution
prevention plan required under part IV
(storm water pollution prevention plans)
of this permit must be modified within
14 calendar days of knowledge of the
release to: provide a description of the
release, the circumstances leading to the
release, and the date of the release. In
addition, the plan must be reviewed by
the permitted to identify measures to
prevent the reoccurrence of such
releases and to respond to such
releases, and the plan must be modified
where appropriate; and
c. The permitted shall submit within
14 calendar days of knowledge of the
release a written description of: the
release (including the type and estimate
of the amount of material released), the
date that such release occurred, the
circumstances leading to the release,
and steps to be taken in accordance
with paragraph III.B.1.b (above) of this
permit to the appropriate EPA Regional
Office at the address provided in part
VI.D.1.d (reporting: where to submit) of
this permit.
2. Multiple Anticipated Discharges-
Facilities which have more than one
anticipated discharge per year
containing the same hazardous
substance in an amount equal to or in
excess of a reportable quantity
established under either 40 CFR 117 or
40 CFR 302, which occurs during a 24
hour period, where the discharge is
caused by events occurring within the


i
I
i


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Federal Register


/


44445







Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


scope of the relevant operating system
shall:
4 a. Submit notifications in accordance
with part III.B.l.b (above) of this permit
for the first such release that occurs
during a calendar year (or for the first
year of this permit, after submittal of an
NOI); and
b. Shall provide in the storm water
pollution prevention plan required under
part IV (storm water pollution
prevention plan) a written description of
the dates on which all such releases
occurred, the type and estimate of the
amount of material released, and the
circumstances leading to the release. In
addition, the plan must be reviewed to
identify measures to prevent or
minimize such releases and the plan
must be modified where appropriate.
3. Spills. This permit does not
authorize the discharge of hazardous
substances or oil resulting from an on-
site spill.
Part IV. Storm Water Pollution
Prevention Plans
A storm water pollution prevention
plan shall be developed for each facility
covered by this permit Storm water
pollution prevention plans shall be
prepared in accordance with good
engineering practices and in accordance
with the factors outlined in 40 CFR
/'" 125.3(d) (2) or (3) as appropriate. The
plan shall identify potential sources of
pollution which may reasonably be
expected to affect the quality of storm
water discharges associated with
industrial activity from the facility. In
addition, the plan shall describe and
ensure the implementation of practices
which are to be used to reduce the
pollutants in storm water discharges
associated with industrial activity at the
facility and to assure compliance with
the terms and conditions of this permit.
Facilities must implement the provisions
of the storm water pollution prevention.
plan required under this part as a
condition of this permit.
A. Deadlines for Plan Preparation and
Compliance.
1. Except as provided in paragraphs
IV.A.3 (oil and gas operations), 4
(facilities denied or rejected from
participation in a group application), 5
(special requirements), and 6 (later
dates) the plan for a storm water
discharge associated with industrial
activity that is existing on or before
October 1, 1992:
a. Shall be prepared on or before April
1, 1993 (and updated' as appropriate);
b. Shall provide for implementation
and compliance with the terms of the
plan on or before October 1, 1993;
2. a. The plan, for any facility where
industrial activity commences after


October 1, 1992, but on or before
December 31, 1992 shall be prepared,
and except as provided elsewhere in
this permit, shall provide for compliance
with the terms of the plan and this
permit on or before the date 60 calendar
days after the commencement of
industrial activity (and updated as
appropriate);
b. The plan for any facility where
industrial activity commences on or
after January 1, 1993 shall be prepared,
and except as provided elsewhere in
this permit, shall provide for compliance
with the terms of the plan and this
permit, on or before the date of
submission of a NOI to be covered
under this permit (and updated as
appropriate);
3. The plan for storm water discharges
associated with industrial activity from
an oil and gas exploration, production,
processing, or treatment operation or
transmission facility that is not required
to submit a permit application on or
before October 1,992 in accordance
with 40 CFR 122.26(c)(1)(iii), but after
October 1, 1992 has a discharge of a
reportable quantity of oil or a hazardous
substance for which notification is
required pursuant to either 40 CFR 110.6,
40 CFR 117.21 or 40 CFR 302.6, shall be
prepared and except as provided
elsewhere in this permit, shall provide
for compliance with the terms of the
plan and this permit on or before the
date 60 calendar days after the first
knowledge of such release (and updated
as appropriate);
4. The plan for storm water discharges
associated with industrial activity from
a facility that is owned or operated by a
municipality that has participated in a
timely group application where either
the group application is rejected or the
facility is denied participation in the
group application by EPA,
a. Shall be prepared on or before the
365th day following the date on which
the group is rejected or the denial is
made, (and updated as appropriate);
b. Except as provided elsewhere in
this permit, shall provide for compliance
with the terms of the plan, and this
permit on or before the 545th day
following the date on which the group is
rejected or the denial is made; and
5. Portions of the plan addressing
additional requirements for storm water
discharges from facilities subject to
Parts IV.D.7 (EPCRA Section 313 and
IV.D.8 (salt storage) shall provide for
compliance with the terms of the
requirements identified in Parts IV.D.7
and IV.D.8 as expeditiously as
practicable, but except as provided
below, not later than either October 1,
1995. Facilities which are not required to
report under EPCRA Section 313 prior to


July 1. 1992, shall provide for compliance
with the terms of the requirements
identified in Parts IV.D.7 and IV.D.8 as
expeditiously as practicable, but not
later than three years after the date on
which the facility is first required to
report under EPCRA Section 313.
However, plans for facilities subject to
the additional requirements of Part
IV.D.7 and IV.D.8, shall provide for
compliance with the other terms and
conditions of this permit in accordance
*with the appropriate dates provided in
Part IV.1, 2, 3, or 5 of this permit.
6. Upon a showing of good cause, the
Director may establish a later date in
writing for preparing and compliance
with a plan for a storm water discharge
associated with industrial activity that
submits a NOI in accordance with Part
II.A.2 (deadlines for notification-new
dischargers) of this permit (and updated
as appropriate).
B. Signature and Plan Review
1. The plan shall be signed in
accordance with Part VILG (signatory
requirements), and be retained on-site at
the facility which. generates the storm
water discharge in accordance with Part
V1.E (retention of records) of this permit.
2. The permitted shall make plans
available upon request to the Director,
or authorized representative, or in the
case of a storm water discharge
associated with industrial activity which
discharges through a municipal separate
storm sewer system, to the operator of
the municipal system.
3. The Director, or authorized
representative, may notify the permitted
at any time that the plan does not meet
one or more of the minimum
requirements of this part. Such
notification shall identify those
provisions of the permit which are not
being met by the plan, and identify
which provisions of the plan requires
modifications in order to meet the
minimum requirements of this part.
Within 30 days of such notification from
the Director, (or as otherwise provided
by the Director), or authorized
representative, other permitted shall
make the required changes to the plan
and shall submit to the Director a
written certification that the requested
changes have been made.
C. Keeping Plans Current. The
permitted shall amend the plan
whenever there is a change in design,
construction, operation, or maintenance,
which has a significant effect on the
potential for the discharge ofpollutants
to the waters of the United States or if
the storm water pollution prevention
plan proves to be ineffective in
eliminating or significantly minimizing
pollutants from sources identified under


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Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


Part IV.D.2 (description of potential
pollutant sources) of this permit, or in
otherwise achieving the general
' objectives of controlling pollutants in
storm water discharges associated with
industrial activity. Amendments to the
plan may be reviewed by EPA in the
same manner as Part IV.B (above).
D. Contents of Plan. The plan shall
include, at a minimum, the following
items:
1. Pollution Prevention Team-Each
plan shall identify a specific individual
or individuals within the facility
organization as members of a storm
water Pollution Prevention Team that
are responsible for developing the storm
water pollution prevention plan and
assisting the facility or plant manager in
its implementation, maintenance, and
revision. The plan shall clearly identify
the responsibilities of each team
member. The activities and
responsibilities of the team shall
address all aspects of the facility's
storm water pollution prevention plan.
2. Description of Potential Pollutant
Sources. Each plan shall provide a
description of potential sources which'
may reasonably be expected to add
significant amounts of pollutants to
storm water discharges or which may
result in the discharge of pollutants
during dry weather from separate storm
sewers draining the facility. Each plan
shall identify all activities and
significant materials which may
potentially be significant pollutant
sources. Each plan shall include, at a
minimum:
a. Drainage.
(1) A site map indicating an outline of
the portions of the drainage area of each
storm water outfall that are within the
facility boundaries, each existing
structural control measure to reduce
pollutants in storm water runoff, surface
water bodies, locations where
significant materials are exposed to
precipitation, locations where major
spills or leaks identified under Part
IV.D.2.c (spills and leaks) of this permit
have occurred, and the locations of the
following activities where such
activities are exposed to precipitation:
fueling stations, vehicle and equipment
maintenance and/or cleaning areas,
loading/unloading areas, locations used
for the treatment, storage or disposal of
wastes, liquid storage tanks, processing
areas and storage areas.
(2) For each area of the facility that
generates storm water discharges
associated with industrial activity with
a reasonable potential for containing
significant amounts of pollutants, a
prediction of the direction of flow, and
an Identification of the types of
*,, pollutants which are likely to be present


in storm water discharges associated
with industrial activity. Factors to
consider include the toxicity of
chemical; quantity of chemicals used,
produced or discharged; the likelihood
of contact with storm water; and history
of significant leaks or spills of toxic or
hazardous pollutants. Flows with a
significant potential for causing erosion
shall be identified.
b. Inventory of Exposed Materials. An
inventory of the types of materials
handled at the site that potentially may
be exposed to precipitation. Such
inventory shall include a narrative
description of significant materials that
have been handled, treated, stored or
disposed in a manner to allow exposure
to storm water between the time of three
years prior to the date of the issuance of
this permit and the present; method and
location of on-site storage or disposal;
materials management practices
employed to minimize contact of
materials with storm water runoff
between the time of three years prior to
the date of the issuance of this permit
and the present; the location and a
description of existing structural and
non-structural control measures to
reduce pollutants in storm water runoff:
and a description of any treatment the
storm water receives.
c. Spills and Leaks. A list of
significant spills and significant leaks of
toxic or hazardous pollutants that
occurred at areas that are exposed to
precipitation or that otherwise drain to a
storm water conveyance at the facility
after the date of three years prior to the
effective date of this permit Such list
shall be updated as appropriate during
the term of the permit.
d. Sampling Data. A summary of
existing discharge sampling data
describing pollutants in storm water
discharges from the facility, including a
summary of sampling data collected
during the term of this permit.
e. Risk Identification and Summary of
Potential Pollutant Sources. A narrative
description of the potential pollutant
sources from the following activities:
loading and unloading operations;
outdoor storage activities; outdoor
manufacturing or processing activities;
significant dust or particulate generating
processes; and on-site waste disposal
practices. The description shall
specifically list any significant potential
source of pollutants at the site and for
each potential source, any pollutant or
pollutant parameter (e.g. biochemical
oxygen demand, etc.) of concern shall be
identified.
3. Measures and Controls. Each
facility covered by this permit shall
develop a description of storm water
management controls appropriate for


the facility, and implement such
controls. The appropriateness and
priorities of controls in a plan shall
reflect identified potential sources of
pollutants at the facility. The description
of storm water management controls
shall address the following minimum
components, including a schedule for
implementing such controls:
a. Good Housekeeping-Good
housekeeping requires the maintenance
of areas which may contribute
pollutants to storm waters discharges in
a clean, orderly manner.
b. Preventive Maintenance-A
preventive maintenance program shall
involve timely inspection and
maintenance of storm water
management devices (e.g. cleaning oil/
water separators, catch basins) as well
as inspecting and testing facility
equipment and systems to uncover
conditions that could cause breakdowns
or failures resulting in discharges of
pollutants to surface waters, and
ensuring appropriate maintenance of
such equipment and systems.
c. Spill Prevention and Response
Procedures-Areas where potential
spills which can contribute pollutants to
storm water discharges can occur, and
their accompanying drainage points
shall be identified clearly in the storm
water pollution prevention plan. Where
appropriate, specifying material
handling procedures, storage
requirements, and use of equipment
such as diversion valves in the plan
should be considered. Procedures for
cleaning up spills shall be identified in
the plan and made available to the
appropriate personnel. The necessary
equipment to implement a clean up
should be available to personnel.
d. Inspections-In addition to or as
part of the comprehensive site
evaluation required under Part IV.4 of
this permit, qualified facility personnel
shall be identified to inspect designated
equipment and areas of the facility at
appropriate intervals specified in the
plan. A set of tracking or followup
procedures shall be used to ensure that
appropriate actions are taken in
response to the inspections. Records of
inspections shall be maintained.
e. Employee Training-Employee
training programs shall inform personnel
responsible for implementing activities
identified in the storm water pollution
prevention plan or otherwise
responsible for storm water
management at all levels of
responsibility of the components and
goals of the storm water pollution
prevention plan. Training should
address topics such as spill response,
good housekeeping and material


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44447







Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


management practices. A pollution
prevention plan shall identify periodic
,- dates for such training.
f. Recordkeeping and Internal
Reporting Procedures-A description of
incidents (such as spills, or other
discharges), along with other
information describing the quality and
quantity of storm water discharges shall
be included in the plan required under
this part. Inspections and maintenance
activities shall be documented and
records of such activities shall be
incorporated into the plan.
g. Non-Storm Water Discharges-
(1) The plan shall include a
certification that the discharge has been
tested or evaluated for the presence of
non-storm water discharges. The
certification shall include the
identification of potential significant
sources of non-storm water at the site, a
description of the results of any test
and/or evaluation for the presence of
non-storm water discharges, the
evaluation criteria or testing method
used, the date of any testing and/or
evaluation, and the on-site drainage
points that were directly observed
during the test. Certifications shall be
signed in accordance with Part VII.G of
this permit. Such certification may not
be feasible if the facility operating the
S storm water discharge associated with
industrial activity does not have access
to an outfall, manhole, or other point of
access to the ultimate conduit which
receives the discharge. In such cases,
the source identification section of the
storm water pollution plan shall indicate
why the certification required by this
part was not feasible, along with the
identification of potential significant
sources of non-storm water at the site. A
discharger that is unable to provide the
certification required by this paragraph
must notify the Director in accordance
with Part VI.A (failure to certify] of this
permit.
(21 Except for flows from fire fighting
activities, sources of non-storm water
listed in Part III.A.2 (authorized non-
storm water discharges) of this permit
that are combined with storm water
discharges associated with industrial
activity must be identified in the plan.
The plan shall identify and ensure the
implementation of appropriate pollution
prevention measures for the non-storm
water components) of the discharge.
h. Sediment and Erosion Control-
The plan shall identify areas which, due
to topography, activities, or other
factors, have a high potential for
significant soil erosion, and identify
structural, vegetative, and/or
stabilization measures to be used to
limit erosion.


i. Management of Runoff-The plan
shall contain a narrative consideration
of the appropriateness of traditional
storm water management practices
(practices other than those which
control the generation or sources) of
pollutants) used to divert, infiltrate,
reuse, or otherwise manage storm water
runoff in a manner that reduces
pollutants in storm water discharges
from the site. The plan shall provide that
measures that the permitted determines
to be reasonable and appropriate shall
be implemented and maintained. The
potential of various sources at the
facility to contribute pollutants to storm
water discharges associated with
industrial activity (see Parts IV.D.2.
(description of potential pollutant
sources) of this permit) shall be
considered when determining
reasonable and appropriate measures.
Appropriate measures may include:
vegetative swales and practices, reuse
of collected storm water (such as for a
process or as an irrigation source), inlet
controls (such as oil/water separators),
snow management activities, infiltration
devices, and wet detention/retention
devices.
4. Comprehensive Site Compliance
Evaluation. Qualified personnel shall
conduct site compliance evaluations at
appropriate intervals specified in the
plan, but, except as provided in
paragraph IV.D.4.d (below), in no case
less than once a year. Such evaluations
shall provide:
a. Areas contributing to a storm water
discharge associated with industrial
activity shall be visually inspected for
evidence of, or the potential for,
pollutants entering the drainage system.
Measures to reduce pollutant loadings
shall be evaluated to determine whether
they are adequate and properly
implemented in accordance with the
terms of the permit pr whether
additional control measures are needed.
Structural storm water management
measures, sediment and erosion control
measures, and other structural pollution
prevention measures identified in the
plan shall be observed to ensure that
they are operating correctly. A visual
inspection of equipment needed to
implement the plan, such as spill
response equipment, shall be made.
b. Based on the results of the
inspection, the description of potential
pollutant sources identified in the plan
in accordance with Part IV.D.2
(description of potential pollutant
sources) of this permit and pollution
prevention measures and controls
identified in the plan in accordance with
paragraph IV.D.3 (measures and
controls) of this permit shall be revised
as appropriate within two weeks of such


inspection and shall provide for
implementation of any changes to the
plan in a timely manner, but in no case
more than twelve weeks after the
inspection.
c. A report summarizing the scope of
the inspection, personnel making the
inspection, the dates) of the inspection,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
IV.D.4.b (above) of the permit shall be
made and retained as part of the storm
water pollution prevention plan for at
least one year after coverage under this
permit terminates. The report shall
identify any incidents of non-
compliance. Where a report does not
identify any incidents of non-
compliance, the report shall contain a
certification that the facility is in
compliance with the storm water
pollution prevention plan and this
permit. The report shall be signed in
accordance with Part VII.G (signatory
requirements) of this permit.
d. Where annual site inspections are
shown in the plan to be impractical for
inactive mining sites due to the remote
location and inaccessibility of the site,
site inspections required under this part
shall be conducted at appropriate
intervals specified in the plan, but, in no
case less than once in three years.
5. Additional requirements for storm
water discharges associated with
industrial activity through municipal
separate storm sewer systems serving a
population of 100,000 or more.
a. In addition to the applicable
requirements of this permit, facilities
covered by this permit must comply with
applicable requirements in municipal
storm water management programs
developed under NPDES permits issued
for the discharge of the municipal
separate storm sewer system that
receives the facility's discharge,
provided the discharger has been
notified of such conditions.
b. Permitters which discharge storm
water associated with industrial activity
through a municipal separate storm
sewer system serving a population of
100,000 or more shall make plans
available to the municipal operator of
the system upon request.
6. Consistency with otherplans. Storm
water pollution prevention plans may
reflect requirements for Spill Prevention
Control and Countermeasure (SPCC)
plans developed for the facility under
section 311 of the CWA or Best
Management Practices (BMP) Programs
otherwise required by an NPDES permit
for the facility as long as such


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44448








Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


requirement is incorporated into the
storm water pollution prevention plan.
7. Additional requirements for storm
water discharges associated with
industrial activity from facilities subject
to EPCRA Section 313 requirements. In
addition to the requirements of Parts
IV.D. 1 through 4 of this permit agd other
applicable conditions of this permit,
storm water pollution prevention plans
for facilities subject to reporting
requirements under EPCRA Section 313
for chemicals which are classified as
'section 313 water priority chemicals' in
accordance with the definition in Part X
of this permit, shall describe and ensure
the implementation of practices which
are necessary to provide for
conformance with the following
guidelines:
a. In areas where Section 313 water
priority chemicals are stored, processed
or otherwise handled, appropriate
containment, drainage control and/or
diversionary structures shall be
provided. At a minimum, one of the
following preventive systems or its
equivalent shall be used:
(1) Curbing, culverting, gutters, sewers
or other forms of drainage control to
prevent or minimize the potential for
storm water run-on to come into contact
with significant sources of pollutants; or
S(2) Roofs, covers or other forms of
appropriate protection to prevent
storage piles from exposure to storm
water, and wind.
b. In addition to the minimum
standards listed under Part IV.D.7.a
(above) of this permit, the storm water
pollution prevention plan shall include a
complete discussion of measures taken
to conform with the following applicable
guidelines, other effective storm water
pollution prevention procedures and
applicable State rules, regulations and
guidelines:
(1) Liquid storage areas where storm
water comes into contact with any
equipment, tank, container, or other
vessel used for Section 313 water
priority chemicals.
(a) No tank or container shall be used
for the storage of a Section 313 water
priority chemical unless its material and
construction are compatible with the
material stored and conditions of
storage such as pressure and
temperature, etc.
(b) Liquid storage areas for Section
313 water priority chemicals shall be
operated to minimize discharges of
Section 313 chemicals. Appropriate
measures to minimize discharges of
Section 313 chemicals may include
, secondary containment provided for at
least the entire contents of the largest
single tank plus sufficient freeboard to
allow for precipitation, a strong spill


contingency and integrity testing plan,
and/or other equivalent measures.
(2) Material storage areas for Section
313 water priority chemicals other than
liquids. Material storage areas for
Section 313 water priority chemicals
other than liquids which are subject to
runoff, leaching, or wind shall
incorporate drainage or other control
features which will minimize the
discharge of Section 313 water priority
chemicals by reducing storm water
contact with Section 313 water priority
chemicals.
(3) Truck and rail car loading and
unloading areas for liquid Section 313
water priority chemicals. Truck and rail
car loading and unloading areas for
liquid Section 313 water priority
chemicals shall be operated to minimize
discharges of Section 313 water priority
chemicals. Protection such as overhangs
or door skirts to enclose trailer ends at
truck loading/unloading docks shall be
provided as appropriate. Appropriate
measures to minimize discharges of
Section 313 chemicals may include: The
placement and maintenance of drip pans
(including the proper disposal of
materials collected in the drip pans)
where spillage may occur (such as hose
connections, hose reels and filler
nozzles) for use when making and
breaking hose connections; a strong spill
contingency and integrity testing plan;
and/or other equivalent measures.
(4) Areas where Section 313 water
priority chemicals are transferred,
processed or otherwise handled.
Processing equipment and materials
handling equipment shall be operated so
as to minimize discharges of Section 313
water priority chemicals. Materials used
in piping and equipment shall be
compatible with the substances
handled. Drainage from process and
materials handling areas shall minimize
storm water contact with section 313
water priority chemicals. Additional
protection such as covers or guards to
prevent exposure to wind, spraying or
releases from pressure relief vents from
causing a discharge of Section 313 water
priority chemicals to the drainage
system shall be provided as appropriate.
Visual inspections or leak tests shall be
provided for overhead piping conveying
Section 313 water priority chemicals
without secondary containment.
(5) Discharges from areas covered by
paragraphs (I}, (2), (3) or (4).
(a) Drainage from areas covered by
paragraphs (1), (2), (3) or (4) of this part
should be restrained by valves or other
positive means to prevent the discharge
of a spill or other excessive leakage of
Section 313 water priority chemicals.
Where containment units are employed,
such units may be emptied by pumps or


ejectors; however, these shall be
manually activated.
(b) Flapper-type drain valves shall not
be used to drain containment areas.
Valves used for the drainage of
containment areas should, as far as is
practical, be of manual, open-and-closed
design.
(c) If facility drainage is not
engineered as above, the final discharge
of all in-facility storm sewers shall be
equipped to be equivalent with a
diversion system that could, in the event
of an uncontrolled spill of Section 313
water priority chemicals, return the
spilled material to the facility.
(d) Records shall be kept of the
frequency and estimated volume (in
gallons) of discharges from containment
areas.
(6) Facility site runoff other than from
areas covered by (1), (2), (3) or (4). Other
areas of the facility (those not addressed
in paragraphs (1), (2), (3) or (4)), from
which runoff which may contain Section
313 water priority chemicals or spills of
Section 313 water priority chemicals
could cause a discharge shall
incorporate the necessary drainage or
other control features to prevent
discharge of spilled or improperly
disposed material and ensure the
mitigation of pollutants in runoff or
leachate.
(7) Preventive maintenance and
housekeeping. All areas of the facility
shall be inspected at specific intervals
identified in the plan for leaks or
conditions that could lead to discharges
of Section 313 water priority chemicals
or direct contact of storm water with
raw materials, intermediate materials,
waste materials or products. In
particular, facility piping, pumps,
storage tanks and bins, pressure vessels,
process and material handling
equipment, and material bulk storage
areas shall be examined for any
conditions or failures which could cause
a discharge. Inspection shall include
examination for leaks, wind blowing,
corrosion, support or foundation failure,
or other forms of deterioration or
noncontainment. Inspection intervals
shall be specified in the plan and shall
be based on design and operational
experience. Different areas may require
different inspection intervals. Where a
leak or other condition is discovered
which may result in significant releases
of Section 313 water priority chemicals
to waters of the United States, action to
stop the leak or otherwise prevent the
significant release of Section 313 water
priority chemicals to waters of the
United States shall be immediately
taken or the unit or process shut down
until such action can be taken. When a


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Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


leak or noncontainment of a Section 313
water priority chemical has occurred,
contaminated soil, debris, or other
material must be promptly removed and
disposed in accordance with Federal,
State, and local requirements and as
described in the plan.
(8) Facility security. Facilities shall
have the necessary security systems to
prevent accidental or intentional entry
which could cause a discharge. Security
systems described in the plan shall
address fencing, lighting, vehicular
traffic control, and securing of
equipment and buildings.
(9) Training. Facility employees and
contractor personnel that work in areas
where Section 313 water priority
chemicals are used or stored shall be
trained in and informed of preventive
measures at the facility. Employee
training shall be conducted at intervals
specified in the plan, but not less than
once per year, in matters of pollution
control laws and regulations, and in the
storm water pollution prevention plan
and the particular features of the facility
and its operation which are designed to
minimize discharges of Section 313
water priority chemicals. The plan shall
designate a person who is accountable
for spill prevention at the facility and
who will set up the necessary spill
emergency procedures and reporting
requirements so that spills and
emergency releases of Section 313 water
priority chemicals can be isolated and
contained before a discharge of a
Section 313 water priority chemical can
occur. Contractor or temporary
personnel shall be informed of facility
operation and design features in order to
prevent discharges or spills from
occurring.
(10) Engineering Certification.-The
storm water pollution prevention plan
for a facility subject to EPRCA Section
313 requirements for chemicals which
are classified as "Section 313 water
priority chemicals" shall be reviewed by
a Registered Professional Engineer and
certified to by such Professional
Engineer. A Registered Professional
Engineer shall recertify the plan every
three years thereafter or as soon as
practicable after significant modification
are made to the facility. By means of
these certifications the engineer, having
examined the facility and being familiar
with the provisions of this part, shall
attest that the storm water pollution
prevention plan has been prepared in
accordance with good engineering
practices. Such certifications shall in no
way relieve the owner or operator of a
~ facility covered by the plan of their duty
to prepare and fully implement such
plan.


8. Additional Requirements for Salt
Storage.
Storage piles of salt used for deicing
or other commercial or industrial
purposes and which generate a storm
water discharge associated with
industrial activity which is discharged to
waters of the United States shall be
enclosed or covered to prevent exposure
to precipitation, except for exposure
resulting from adding or removing
materials from the pile. Dischargers
shall demonstrate compliance with this
provision as expeditiously as
practicable, but in no event later than
October 1, 1995. Piles do not need to be
enclosed or covered where storm water
from the pile is not discharged to waters
of the United States.
Part V. Numeric Effluent Limitations
A. Coal Pile Runoff. Any discharge
composed of coal pile runoff shall not
exceed a maximum concentration for
any time of 50 mg/1 total suspended
solids. Coal pile runoff shall not be
diluted with storm water or other flows
in order to meet this limitation. The pH
of such discharges shall be within the
range of 6.0-9.0. Any untreated overflow
from facilities designed, constructed and
operated to treat the volume of coal pile
runoff which is associated with a 10
year, 24 hour rainfall event shall not be
subject to the 50 mg/1 limitation for
total suspended solids. Failure to
demonstrate compliance with these
limitations as expeditiously as
practicable, but in no case later than
October 1, 1995, will constitute a
violation of this permit.
Part VI. Monitoring and Reporting
Requirements
A. Failure to Certify.-Any facility
that is unable to provide the
certification required under paragraph
IV.D.3.g.(1) (testing for non-storm water
discharges), must notify the Director by
October 1, 1993 or, for facilities which
begin to discharge storm water
associated with industrial activity after
October 1, 1992, 180 days after
submitting a NOI to be covered by this
permit. If the failure to certify is caused
by the inability to perform adequate
tests or evaluations, such notification
shall describe: the procedure of any test
conducted for the presence of non-storm
water discharges; the results of such test
or other relevant observations; potential
sources of non-storm water discharges
to the storm sewer; and why adequate
tests for such storm sewers were not
feasible. Non-storm water discharges to
waters of the United States which are
not authorized by an NPDES permit are
unlawful, and must be terminated or


dischargers must submit appropriate
NPDES permit application forms.
B. Monitoring Requirements.
1. Limitations on Monitoring
Requirements.
a. Except as required by paragraph b.,
only those facilities with activities
specifically identified in Parts VI.B.2
(semi-annual monitoring requirements)
and VI.B.3 (annual monitoring
requirements) of this permit are required
to conduct sampling of their storm water
discharges associated with industrial
activity.
b. The Director can provide written
notice to any facility otherwise exempt
from the sampling requirements of Parts
VI.B.2 (semi-annual monitoring
requirements) or VI.B.3 (annual
monitoring requirements), that it shall
conduct the annual discharge sampling
required by Part VI.B.3.d (additional
facilities), or specify an alternative
monitoring frequency or specify
additional parameters to be analyzed.
2. Semi-Annual Monitoring
Requirements. During the period
beginning on the effective date and
lasting through the expiration date of
this permit, permittees with facilities
identified in Parts VI.B.2.a through f
must monitor those storm water
discharges identified below at least
semi-annually (2 times per year) except
as provided in VI.B.5 (sampling waiver),
VI.B.6 (representative discharge), and
VI.C.1 (toxicity testing). Permittees with
facilities identified in Parts VI.B.2.a
through f (below) must report in
accordance with Part VI.D (reporting:
where to submit). In addition to the
parameters listed below, the permitted
shall provide the date and duration (in
hours) of the storm events) sampled;
rainfall measurements or estimates (in
inches) of the storm event which
generated the sampled runoff; the
duration between the storm event
sampled and the end of the previous
measurable (greater than 0.1 inch
rainfall) storm event; and an estimate of
the total volume (in gallons) of the
discharge sampled;
a. Section 313 ofEPCRA Facilities. In
addition to any monitoring required by
Parts VI.B.2.b through f or Parts VI.B.3.a
through d. facilities with storm water
discharges associated with industrial
activity that are.subject to Section 313 of
EPCRA for chemicals which are
classified as 'Section 313 water priority
chemicals' are required to monitor storm
water that is discharged from the facility
that comes into contact with any
equipment, tank, container or other
vessel or area used for storage of a
Section 313 water priority chemical, or
located at a truck or rail car loading or


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unloading area where a Section 313
water priority chemical is handled for:
Oil and Grease (mg/L); Five Day
Biochemical Oxygen Demand (BOD5)
(mg/L); Chemical Oxygen Demand
(COD) (mg/L); Total Suspended Solids
(mg/L); total Kjeldahl Nitrogen (TKN)
(mg/L); Total Phosphorus (mg/L); pH;
acute whole effluent toxicity; and any
Section 313 water priority chemical for
which the facility is subject to reporting
requirements under section 313 of the
Emergency Planning and Community
Right to Know Act of 1986.
b. Primary Metal Industries. Facilities
with storm water discharges associated
with industrial activity classified as
Standard Industrial Classification (SIC)
33 (Primary Metal Industry) are required
to monitor such storm water that is
discharged from the facility for: oil and
grease (mg/L); chemical oxygen demand
(COD) (mg/L); total suspended solids
(mg/L); pH; acute whole effluent
toxicity; total recoverable lead (mg/L);
total recoverable cadmium (mg/L); total
recoverable copper (mg/L); total
recoverable arsenic (mg/L); total
recoverable chromium (mg/L); and any
pollutant limited in an effluent guideline
to which the facility is subject. Facilities
that are classified as SIC 33 only
because they manufacture pure silicon
and/or semiconductor grade silicon are
not required to monitor for total
recoverable cadmium, total recoverable
copper, total recoverable arsenic, total
recoverable chromium or acute whole
effluent toxicity, but must monitor for
other parameters listed above.
c. Land Disposal Units/Incinerators/
BIFs. Facilities with storm water
discharges associated with industrial
activity from any active or inactive
landfill, land application sites or open
dump without a stabilized final cover
that has received any industrial wastes
(other than wastes from a construction
site); and incinerators (including Boilers
and Industrial Furnaces (BIFs)) that burn
hazardous waste and operate under
interim status or a permit under Subtitle
C of RCRA, are required to monitor such
storm water that is discharged from the-
facility for: Magnesium (total
recoverable) (mg/L), Magnesium
(dissolved) (mg/L), Total Kjeldahl
Nitrogen (TKN) (mg/L), Chemical
Oxygen Demand (COD) (mg/L). Total
Dissolved Solids (TDS) (mg/L). Total
Organic Carbon (TOC) (mg/L), oil and
grease (mg/L), pH, total recoverable
arsenic (mg/L). Total recoverable
Barium (mg/L), Total recoverable
Cadmium (mg/L), Total recoverable
Chromium (mg/L), Total Cyanide (mg/
L), Total recoverable Lead (mg/L). Total
Mercury (mg/L), Total recoverable


Selenium (mg/L), Total recoverable
Silver (mg/L), and acute whole effluent
toxicity.
d. Wood Treatment. Facilities with
storm water discharges associated with
industrial activity from areas that are
used for wood treatment, wood surface
application or storage of treated or
surface protected wood at any wood
preserving or wood surface facilities are
required to monitor such storm water
that is discharged from the facility for:
oil and grease (mg/L), pH, COD (mg/L),
and TSS (-mg/L). In addition, facilities
that use chlorophenolic formulations
shall measure pentachlorophenol (mg/L)
and acute whole effluent toxicity;
facilities which use creosote
formulations shall measure acute whole
effluent toxicity; and facilities that use
chromium-arsenic formulations shall
measure total recoverable arsenic (mg/
L), total recoverable chromium (mg/L),
and total recoverable copper (mg/L).
e. Coal Pile Runoff. Facilities with
storm water discharges associated with
industrial activity from coal pile runoff
are required to monitor such storm
water that is discharged from the facility
for: oil and grease (mg/L), pH, TSS (mg/
L), total recoverable copper (mg/1), total
recoverable nickel (mg/1) and total
recoverable zinc (mg/l).
f. Battery Reclaimers. Facilities with
storm water discharges associated with
industrial activity from areas used for
storage of lead acid batteries,
reclamation products, or waste
products, and areas used for lead acid
battery reclamation (including material
handling activities) at facilities that
reclaim lead acid batteries are required
to monitor such storm water that is
discharged from the facility for: Oil and
Grease (mg/L); Chemical Oxygen
Demand (COD) (mg/L); Total Suspended
Solids (TSS) (mg/L); pH; total
recoverable copper (mg/1); and total
recoverable lead (mg/1).
3. Annual Monitoring Requirements.
During the period beginning on the
effective date and lasting through the
expiration date of this permit,
permittees with facilities identified in
Parts VI.B.3. a through d. (below) must
monitor those storm water discharges
identified below at least annually (1
time per year) except as provided in
VI.B.5 (sampling waiver), and VI.B.6
(representative discharge). Permittees
with facilities identified in Parts VI.B.3.
a through d. (below) are not required to
submit monitoring results, unless
required in writing by the Director.
However, such permittees must retain
monitoring results in accordance with
Part VI.E (retention of records). In
addition to the parameters listed below,


the permitted shall provide the date and
duration (in hours) of the storm events)
sampled; rainfall measurements or
estimates (in inches) of the storm event
which generated the sampled runoff; the
duration between the storm event
sampled and the end of the previous.
measurable (greater than 0.1 inch
rainfall) storm event; and an estimate of
the total volume (in gallons) of (he
discharge sampled;
a. Airports. At airports with over
50,000 flight operations per year,
facilities with storm water discharges
associated with industrial activity from
areas where aircraft or airport deicing
operations occur (including runways,
taxiways, ramps, and dedicated aircraft
deicing stations) are required to monitor
such storm water that is discharged
from the facility when deicing activities
are occurring for: Oil and Grease (mg/L);
Five Day Biochemical Oxygen Demand
(BOD5) (mg/L); Chemical Oxygen
Demand (COD) (mg/L); Total Suspended
Solids (TSS) (mg/L); pH; and the
primary ingredient used in the deicing
materials used at the site (e.g. ethylene
glycol, urea, etc.).
b. Coal-fired Steam Electric Facilities.
Facilities with storm water discharges
associated with industrial activity from
coal handling sites at coal fired steam
electric power generating facilities
(other than discharges in whole or in
part from coal piles subject to storm
water effluent guidelines at 40 CFR
423-which are not eligible for coverage
under this permit) are required to
monitor such storm water that is
discharged from the facility for: Oil and
grease (mg/L), pH, TSS (mg/L), total
recoverable copper (mg/1), total
recoverable nickel (mg/1) and total
recoverable zinc (mg/l).
c. Animal Handling/Meat Packing.
Facilities with storm water discharges
associated with industrial activity from
animal handling areas, manure
management (or storage) areas, and
production waste management (or
storage) areas that are exposed to
precipitation at meat packing plants,
poultry packing plants, and facilities
that manufacture animal and marine
fats and oils, are required to monitor
such storm water that is discharged
from the facility for: Five Day
Biochemical Oxygen Demand (BOD5)
(mg/L); oil and grease (mg/L); Total
Suspended Solids (TSS) (mg/L); Total
Kjeldahl Nitrogen (TKN) (mg/L); Total
Phosphorus (mg/L); ph; and fecal
coliform (counts per 100 mL).
d. Additional Facilities. Facilities with
storm water discharges associated with
industrial activity that:


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Federal Register / Vol. 57, No. 187 / Friday, September 25. 1992 / Notices


(i) Come in contact with storage piles
for solid chemicals used as raw
materials that are exposed to
S precipitation at facilities classified as
SIC 30 (Rubber and Miscellaneous
Plastics Products) or SIC 28 (Chemicals
and Allied Products);
(ii) Are from those areas at automobile
junkyards with any of the following: (A)
over 250 auto/truck bodies with
drivelines (engine, transmission, axles,
and wheels), 250 drivelines, or any
combination thereof (in whole or in
parts) are exposed to storm water; (B)
over 500 auto/truck units (bodies with or
without drivelines in whole or in parts)
are stored exposed to storm water; or
(C) over 100 units per year are
dismantled and drainage or storage of
automotive fluids occurs in areas
exposed to storm water;
(iii) Come into contact with lime
storage piles that are exposed to storm
water at lime manufacturing facilities;
(iv) Are from oil handling sites at oil
fired steam electric power generating
facilities;
(v) Are from cement manufacturing
facilities and cement kilns (other than
discharges in whole or in part from
material storage piles subject to storm
water effluent guidelines at 40 CFR
411-which are not eligible for coverage
under this permit);
vi) Are from ready-mixed concrete
facilities; or
(vii) Are from ship building and
repairing facilities;
are required to monitor such storm
water discharged from the facility for:
Oil and Grease (mg/L): Chemical
Oxygen Demand (COD) (mg/L); Total
Suspended Solids (TSS) (mg/L); pH; and
any pollutant limited in an effluent
guideline to which the facility is subject.
4. Sample Type. For discharges from
holding ponds or other impoundments
with a retention period greater than 24
hours, (estimated by dividing the volume
of the detention pond by the estimated
volume of water discharged during the
24 hours previous to the time that the
sample is collected) a minimum of one
grab sample may be taken. For all other
discharges, data shall be reported for
both a grab sample and a composite
sample. All such samples shall be
collected from the discharge resulting
from a storm event that is greater than
0.1 inches in magnitude and that occurs
at least 72 hours from the previously
measurable (greater than 0.1 inch
rainfall) storm event. The grab sample
shall be taken during the first thirty
minute4 of the discharge. If the
" collection of a grab sample during the
first thirty minutes is impracticable, a
grab sample can be taken during the


first hour of the discharge, and the
discharger shall submit with the
monitoring report a description of why a
grab sample during the first thirty
minutes was impracticable. The
composite sample shall either be flow-
weighted or time-weighted. Composite
samples may be taken with a continuous
sampler or as a combination of a
minimum of three sample aliquots taken
in each hour of discharge for the entire
discharge or for the first three hours of
the discharge, with each aliquot being
separated by a minimum period of
fifteen minutes. Grab samples only must
be collected and analyzed for the
determination of pH, cyanide, whole
effluent toxicity, fecal coliform, and oil
and grease.
5. Sampling Waiver. When a
discharger is unable to collect samples
due to adverse climatic conditions, the
discharger must submit in lieu of
sampling data a description of why
samples could not be collected,
including available documentation of
the event. Adverse weather conditions
which may prohibit the collection of
samples includes weather conditions
that create dangerous conditions for
personnel (such as local flooding, high
winds, hurricane, tornadoes, electrical
storms, etc.) or otherwise make the
collection of a sample impracticable
(drought, extended frozen conditions,
etc.). Dischargers are precluded from
exercising this waiver more than once
during a two year period.
6. Representative Discharge. When a
facility has two or more outfalls that,
based on a consideration of industrial
activity, significant materials, and
management practices and activities
within the area drained by the outfall,
the permitted reasonable believes
discharge substantially identical
effluents, the permitted may test the
effluent of one of such outfalls and
report that the quantitative data also
applies to the substantially identical
outfalls provided that the permitted
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explaining in
detail why the outfalls are expected to
discharge substantially identical
effluents. In addition, for each outfall
that the permitted believes is
representative, an estimate of the size of
the drainage area (in square feet) and an
estimate of the runoff coefficient of the
drainage area (e.g. low (under 40
percent), medium (40 to 65 percent) or
high (above 65 percent)) shall be
provided in the plan. Permittees
required to submit monitoring
information under Parts VI.D.l.a, b or c
of this permit shall include the
description of the location of the


outfalls, explanation of why outfalls are
expected to discharge substantially
identical effluents, and estimate of the
size of the drainage area and runoff
coefficient with the Discharge
Monitoring Report.
7. Alternative Certification. A
discharger is not subject to the
monitoring requirements of parts VI.B. 2
or 3 of this permit provided the
discharger makes a certification for a
given outfall, on an annual basis, under
penalty of law, signed in accordance
with part VII.G (signatory requirements),
that material handling equipment or
activities, raw materials, intermediate
products, final products, waste
materials, by-products, industrial
machinery or operations, significant
materials from past industrial activity,
or, in the case of airports, deicing
activities, that are located in areas of
the facility that are within the drainage
area of the outfall are not presently
exposed to storm water and will not be
exposed to storm water for the
certification period. Such certification
must be retained in the storm water
pollution prevention plan, and submitted
to EPA in accordance with part VI.D of
this permit.
8. Alternative to WETParameter. A
discharger that is subject to the
monitoring requirements of parts VI.B.2.
a through d may, in lieu of monitoring
for acute whole effluent toxicity,
monitor for pollutants identified in
Tables II and III of Appendix D of 40
CFR 122 (see Addendum A of this
permit) that the discharger knows or has
reason to believe are present at the
facility site. Such determinations are to
be based on reasonable best efforts to
identify significant quantities of
materials or chemicals present at the
facility. Dischargers must also monitor
for any additional parameter identified
in parts VI.B.2. a through d.
C. Toxicity Testing. Permittees that
are required to monitor for acute whole
effluent toxicity shall initiate the series
of tests described below within 180 days
after the issuance of this permit or
within 90 days after the commencement
of a new discharge.
1. Test Procedures.
a. The permitted shall conduct acute
24 hour static toxicity tests on both an
appropriate invertebrate and an
appropriate fish (vertebrate) test species
(EPA/600/4-90-027 Rev. 9/91, Section
6.1.) 2. Freshwater species must be used
for discharges to freshwater water
bodies. Due to the non-saline nature of
rainwater, freshwater test species
should also be used for discharges to
estuarine, marine or other naturally
saline waterbodies.


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b. All test organisms, procedures and
quality assurance criteria used shall be
in accordance with Methods for
Measuring the Acute Toxicity of
Effluents and Receiving Waters to
Freshwater and Marine Organisms,
EPA/600/4-90-027 (Rev. September
1991). EPA has proposed to establish
regulations regarding these test methods
(December 4, 1989, 53 FR 50216).
c. Tests shall be conducted
semiannually (twice per year) on a grab
sample of the discharge. Tests shall be
conducted using 100 effluent (no
dilution) and a control consisting of
synthetic dilution water. Results of all
tests conducted with any species shall
be reported according to EPA/600/4-90-
027 (Rev. September 1991), Section 12.
Report Preparation, and the report
submitted to EPA with the Discharge
Monitoring Reports (DMR's). On the
DMR, the permitted shall report "0" if
there is no statistical difference between
the control mortality and the effluent
mortality for each dilution. If there is
statistical difference (exhibits toxicity),
the permitted shall report "1" on the
DMR.
2. If acute whole effluent toxicity
(statistically significant difference
between the 100% dilution and the
control) is detected on or after October
1, 1995, in storm water discharges, the
" permitted shall review the storm water
pollution prevention plan and make
appropriate modifications to assist in
identifying the sources) of toxicity and
to reduce the toxicity of their storm
water discharges. A summary of the
review and the resulting modifications
shall be provided in the plan.
D. Reporting: Where to Submit
1. a. Permittees which are required to
conduct sampling pursuant to Parts
VI.B.2.(a) (EPCRA Section 313), and (d)
(Wood Treatment facilities), shall
monitor samples collected during the
sampling periods running from January
to June and during the sampling period
from July to December. Such permittees
shall submit monitoring results obtained
during the reporting period running from
January to December on Discharge
Monitoring Report Form(s) postmarked
no later than the 28th day of the
following January. A separate Discharge
Monitoring Report Form is required for
each sampling period. The first report
may include less than twelve months of
information.
b. Permittees which are required to
conduct sampling pursuant to Parts
VI.B.2.(b) (Primary Metal facilities), (e)
(Coal Pile Runoff), and (f) (Battery
. Reclaimers) shall monitor samples
collected during the sampling period
running from March to August and
during the sampling period running from


September to February. Such permittees
shall submit monitoring results obtained
during the reporting period running from
April to March on Discharge Monitoring
Report Form(s) postmarked no later than
the 28th day of the following April. A
separate Discharge Monitoring Report
Form is required for each event
sampling period. The first report may
include less than twelve months of
information.
c. Permittees which are required to
conduct sampling pursuant to Parts
VI.B.2.(c) (Land Disposal facilities), shall
monitor samples collected during the
sampling period running from October to
March and during the sampling period
running from April to September. Such
permittees shall submit monitoring
results obtained during the reporting
period running from October to
September on Discharge Monitoring
Report Form(s) postmarked no later than
the 28th day of October. A separate
Discharge Monitoring Report Form is
required for each sampling period. The
first report may include less than twelve
months of information.
d. Signed copies of discharge
monitoring reports required under Parts
VI.D.1.a, VI.D.1.b, and VI.D.1.c,
individual permit applications and all
other reports required herein, shall be
submitted to the Director of the NPDES
program at the address of the
appropriate Regional Office:
1. Massachusetts
United States EPA, Region I-Water
Management Division (WCP-2109). Storm
Water Staff, John F. Kennedy Federal
Building, Room 2209, Boston, MA 02203
2. Indian lands in New York. Puerto Rico
United States EPA, Region II-Water
Management Division (2WM-WPC), Storm
Water Staff, 26 Federal Plaza. New York.
NY 10278
3. District of Columbia, Federalfacilities in
Delaware
United States EPA, Region III-Water
Management Division (3WM55). Storm
Water Staff, 841 Chestnut Building,
Philadelphia, PA 19107
4. Florida
United States EPA, Region IV-Water
Management Division (FPB-3). Storm
Water Staff, 345 Courtland Street. NE.
Atlanta, GA 30385
5. Guam, American Samoa
United States EPA, Region IX-Water
Management Division (W-5-1). Storm
Water Staff, 75 Hawthorne Street. San
Francisco, CA 94105
e. Permittees with facilities identified
in Parts VI.B.3 (annual monitoring) are
not required to submit monitoring
results, unless required in writing by the
Director.


2. Additional Notification. In addition
to filing copies of discharge monitoring
reports in accordance. with Part VI.D.1
(reporting: where to submit), facilities
with at least one storm water discharge
associated with industrial activity
through a large or medium municipal
separate storm sewer (systems serving a
population of 100,000 or more) must
submit signed copies of discharge
monitoring reports to the operator of the
municipal separate storm sewer system
in accordance with the dates provided
in paragraph VI.D.1 (reporting: where to
submit). Facilities not required to report
monitoring data under Part VI.B.3
(annual monitoring requirements), and
facilities that are not otherwise required
to monitor their discharges, need not
comply with this provision.
E. Retention of Records. 1. The
permitted shall retain the pollution
prevention plan developed in
accordance with Part IV (storm water
pollution prevention plans) of this
permit until at least one year after
coverage under this permit terminates.
The permitted shall retain all records of
all monitoring information, copies of all
reports required by this permit, and
records of all data used to complete the
Notice of Intent to be covered by this
permit, until at least one year after
coverage under this permit terminates.
This period may be explicitly modified
by alternative provisions of this permit
(see paragraph VI.E.2 (below) of this
permit) or extended by request of the
Director at any time.
2. For discharges subject to sampling
requirements pursuant to Part VI.B
(monitoring requirements), in addition to
the requirements of paragraph VI.E.1
(above), permittees are required to
retain for a six year period from the data
of sample collection or for the term of
this permit, which ever is greater,
records of all monitoring information
collected during the term of this permit.
Permittees must submit such monitoring
results to the Director upon the requests
of the Director, and submit a summary
of such results as part of renotification
requirements in accordance with Part
II.F (renotification).
Part VIII.-Standard Permit Conditions
A. Duty to Comply.
1. The permitted must comply with all
conditions of this permit. Any permit
noncompliance constitutes a violation of
CWA and is grounds for enforcement
action; for permit termination,
revocation and reissuance, or
modification; or for denial of a permit
renewal application.
2. Penalties for Violations of Permit
Conditions.


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a. Criminal. (1). Negligent Violations.
The CWA provides that any person who
negligently violates permit conditions
implementing Sections 301, 302, 306, 307,
308, 318, or 405 of the Act is subject to a
fine of not less than $2,500 nor more
than $25,000 per day of violation, or by
imprisonment for not more than 1 year,
or both.
(2). Knowing Violations. The CWA
provides that any person who
knowingly violates permit conditions
implementing Sections 301, 302, 306, 307,
308, 318, or 405 of the Act is subject to a
fine of not less than $5,000 nor more
than $50,000 per day of violation, or by
imprisonment for not more than 3 years,
or both.
(3). Knowing Endangerment. The
CWA provides that any person who
knowingly violates permit conditions
implementing Sections 301, 302, 306, 307,
308, 318, or 405 of the Act and who
knows at that time that he is placing
another person in imminent danger of
death or serious bodily injury is subject
to a fine of not more than $250,000, or by
imprisonment for not more than 15
years, or both.
(4). False Statement. The CWA
provides that any person who
knowingly makes any false material
statement, representation, or
certification in any application, record,
report, plan, or other document filed or
required to be maintained under the Act
or who knowingly falsifies, tampers
with, or renders inaccurate, any
monitoring device or method required to
be maintained under the Act, shall upon
conviction, be punished by a fine of not
more than $10,000 or by imprisonment
for not more than 2 years, or by both. If
a conviction is for a violation committed
after a first conviction of such person
under this paragraph, punishment shall
be by a fine of not more than $20,000 per
day of violation, or by imprisonment of
not more than 4 years, or by both. (See
Section 309(c)(4) of the Clean Water
Act).
b. Civil Penalties-The CWA
provides that any person who violates a
permit condition implementing Sections
301, 302, 306, 307, 308, 318, or 405 of the
Act is subject to a civil penalty not to
exceed $25,000 per day for each
violation.
c. Administrative Penalties-The
CWA provides that any person who
violates a permit condition
implementing Sections 301, 302, 306, 307,
308, 318, or 405 of the Act is subject to
an administrative penalty, as follows:
(1). Class Ipenalty. Not to exceed
$10,000 per violation nor shall the
maximum amount exceed $25,000.
(2). Class 1 penalty. Not to exceed
$10,000 per day for each day during


which the violation continues nor shall
the maximum amount exceed $125,000.
B. Continuation of the Expired
General Permit. This permit expires on
October 1, 1997. However, an expired
general permit continues in force and
effect until a new general permit is
issued. Permittees must submit a new
NOI in accordance with the
requirements of Part II of this permit,
using a NOI form provided by the
Director (or photocopy thereof) between
August 1, 1997 and September 29, 1997 to
remain covered under the continued
permit after October 1, 1997. Facilities
that had not obtained coverage under
the permit by October 1, 1997 cannot
become authorized to discharge under
the continued permit.
C. Need to halt or reduce activity not
a defense. It shall not be a defense for a
permitted in an enforcement action that
it would have been necessary to halt or
reduce the permitted activity in order to
maintain compliance with the conditions
of this permit.
D. Duty to Mitigate. The permitted
shall take all reasonable steps to
minimize or prevent any discharge in
violation of this permit which has a
reasonable likelihood of adversely
affecting human health or the
environment.
E. Duty to Provide Information. The
permitted shall furnish to the Director,
within a time specified by the Director,
any information which the Director may
request to determine compliance with
this permit. The permitted shall also
furnish to the Director upon request
copies of records required to be kept by
this permit.
F. Other Information. When the
permitted becomes aware that he or she
failed to submit any relevant facts or
submitted incorrect information in the
Notice of Intent or in any other report to
the Director, he or she shall promptly
submit such facts or information.
G. Signatory Requirements. All
Notices of Intent, Notices of
Termination, storm water pollution
prevention-plans, reports, certifications
or information either submitted to the
Director (and/or the operator of a large
or medium municipal separate storm
sewer system), or that this permit
requires be maintained by the permitted,
shall be signed.
1. All Notices of Intent shall be signed
as follows: a. For a corporation: by a
responsible corporate officer. For the
purpose of this section, a responsible
corporate officer means: (1) a president,
secretary, treasurer, or vice-president of
the corporation in charge of a principal
business function, or any other person
who performs similar policy or decision-
making functions for the corporation; or


(2) the manager of one or more
manufacturing, production or operating
facilities employing more than 250
persons or having gross annual sales or
expenditures exceeding $25,000,000 (in
second-quarter 1980 dollars) if authority
to sign documents has been assigned or
delegated to the manager in accordance
with corporate procedures:
b. For a partnership or sole
proprietorship: by a general partner or
the proprietor, respectively; or
c. For a municipality, State, Federal,
or other public agency: by either a
principal executive officer or ranking
elected official. For purposes of this
section, a principal executive officer of a
Federal agency includes (1) the chief
executive officer of the agency, or (2) a
senior executive officer having
responsibility for the overall operations
of a principal geographic unit of the
agency (e.g., Regional Administrators of
EPA).
2. All reports required by the permit
and other information requested by the
Director shall be signed by a person
described above or by a duly authorized
representative of that person. A person
is a duly authorized representative only
if:
a. The authorization is made in
writing by a person described above
and submitted to the Director.
b. The authorization specifies either
an individual or a position having
responsibility for the overall operation
of the regulated facility or activity, such
as the position of manager, operator,
superintendent, or position of equivalent
responsibility or an individual or
position having overall responsibility for
environmental matters for the company.
(A duly authorized representative may
thus be either a named individual or any
individual occupying a named position.)
c. Changes to authorization. If an
authorization under paragraph VII.G.2.
is no longer accurate because a different
individual or position has responsibility
for the overall operation of the facility, a
new notice of intent satisfying the
requirements of paragraph II.C must be
submitted to the Director prior to or
together with any reports, information,
or applications to be signed by an
authorized representative.
d. Certification. Any person signing
documents under this section shall make
the following certification: "I certify
under penalty of law that this document
and all attachments were prepared
under my direction or supervision in
accordance with a system designed to
assure that qualified personnel properly
gathered and evaluated the information
submitted. Based on my inquiry of the
person or persons who manage the


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system, or those persons directly
responsible for gathering the
information, the information submitted
is, to the best of my knowledge and
belief, true, accurate, and complete. I am
aware that there are significant
penalties for submitting false
information, including the possibility of
fine and imprisonment for known
violations."
H. Penalties for Falsification of
Reports. Section 309(c)(4) of the Clean
Water Act provides that any person
who knowingly makes any false
material statement, representation, or
certification in any record or other
document submitted or required to be
maintained under this permit, including
reports of compliance or noncompliance
shall, upon conviction, be punished by a
fine of not more than $10,000, or by
imprisonment for not more thain2 years,
or by both.
I. Penalties for Falsification of
Monitoring Systems. The CWA provides
that any person who falsifies, tampers
with, or knowingly renders inaccurate
any monitoring device or method
required to be maintained under this
permit shall, upon conviction, be
punished by fines and imprisonment
described in section 309 of the CWA.
J. Oil and Hazardous Substance
Liability. Nothing in this permit shall be
construed to preclude the institution of
any legal action or relieve the permitted
from any responsibilities, liabilities, or
penalties to which the permitted is or
may be subject under section 311 of the
CWA or section 106 of the
Comprehensive Environmental
Response, Compensation and Liability
Act of 1980 (CERCLA).
K. Property Rights. The issuance of
this permit does not convey any
property rights of any sort, nor any
exclusive privileges, nor does it
authorize any injury to private property
nor any invasion of personal rights, nor
any infringement of Federal, State or
local laws or regulations.
L. Severability. The provisions of this
permit are severable, and if any
provision of this permit, or the
application of any provision of this
permit to any circumstance, is held
invalid, the application of such provision
to other circumstances, and the
remainder of this permit shall not be
affected thereby.
M. Requiring an Individual Permit or
an Alternative General Permit. 1. The
Director may require any person
authorized by this permit to apply for
and/or obtain either an individual
NPDES permit or an alternative NPDES
general permit. Any interested person
may petition the Director to take action
S under this paragraph. The Director may


require any owner or operator
authorized to discharge under this
permit to apply for an individual NPDES
permit only if the owner or operator has
been notified in writing that a permit
application is required. This notice shall
include a brief statement of the reasons
for this decision, an application form, a
statement setting a deadline for the
owner or operator to file the application,
and a statement that on the effective
date of issuance or denial of the
individual NPDES permit or the
alternative general permit as it applies
to the individual permitted, coverage
under this general permit shall
automatically terminate. Individual
permit applications shall be submitted
to the address of the appropriate
Regional Office shown in part VI.D.1.d
(reporting: where to submit) of this
permit. The Director may grant
additional time to submit the application
upon request of the applicant. If an
owner or operator fails to submit in a
timely manner an individual NPDES
permit application as required by the
Director, then the applicability of this
permit to the individual NPDES
permitted is automatically terminated at
the end of the day specified for
application submittal.
2. Any owner or operator authorized
by this permit may request to be
excluded from the coverage of this
permit by applying for an individual
permit. The owner or operator shall
submit an individual application (Form 1
and Form 2F) with reasons supporting
the request to the Director. Individual
permit applications shall be submitted
to the address of the appropriate
Regional Office shown in Part VI.D.l.c.
of this permit. The request may be
granted by the issuance of any
individual permit or an alternative
general permit if the reasons cited by
the owner or operator are adequate to
support the request.
3. When an individual NPDES permit
is issued to an owner or operator
otherwise subject to this permit, or the
owner or operator if authorized for
coverage under an alternative NPDES
general permit, the applicability of this
permit to the individual NPDES
permitted is automatically terminated on
the effective date of the individual
permit or the date of authorization of
coverage under the alternative general
permit, whichever the case may be.
When an individual NPDES permit is
denied to an owner or operator
otherwise subject to this permit, or the
owner or operator is denied for coverage
under an alternative NPDES general
permit, the applicability of this permit to
the individual NPDES permitted is
automatically terminated on the date of


such denial, unless otherwise specified
by the Director.
N. State/Environmental Laws. 1.
Nothing in this permit shall be construed
to preclude the institution of any legal
action or relieve the permitted from any
responsibilities, liabilities, or penalties
established pursuant to any applicable
State law or regulation under authority
preserved by section 510 of the Act.
2. No condition of this permit shall
release the permitted from any
responsibility or requirements under
other environmental statutes or
regulations.
O. Proper Operation and
Maintenance. The permitted shall at all
times properly operate and maintain all
facilities and systems of treatment and
control (and related appurtenances)
which are installed or used by the
permitted to achieve compliance with
the conditions of this permit and with
the requirements of storm water
pollution prevention plans. Proper
operation and maintenance also
includes adequate laboratory controls
and appropriate quality assurance
procedures. Proper operation and
maintenance requires the operation of
backup or auxiliary facilities or similar
systems, installed by a permitted only
when necessary to achieve compliance
with the conditions of the permit.
P. Monitoring and records. 1. Samples
and measurements taken for the purpose
of monitoring shall be representative of
the monitored activity.
2. The permitted shall retain records
of all monitoring information including
all calibration and maintenance records
and all original strip chart recordings for
continuous monitoring instrumentation,
copies of the reports required by this
permit, and records of all data used to
complete the application for this permit,
for a period of at least 6 years from the
date of the sample, measurement, report
or application. This period may be
extended by request of the Director at
any time.
3. Records Contents. Records of
monitoring information shall include:
a. The date, exact place, and time of
sampling or measurements;
b. The initials or names) of the
individuals) who performed the
sampling or measurements;
c. The dates) analyses were
performed;
d. The times) analyses were initiated;
e. The initials or names) of the
individuals) who performed the
analyses;
f. References and written procedures,
when available, for the analytical
techniques or methods used; and


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g. The results of such analyses,
including the bench sheets, instrument
. readouts, computer disks or tapes, etc.,
used to determine these results.
4. Monitoring must be conducted
according to test procedures approved
under 40 CFR Part 136, unless other test
procedures have been specified in this
permit.
Q. Inspection and Entry. The
permitted shall allow the Director or an
authorized representative of EPA, the
State, or, in the case of a facility which
discharges through a municipal separate
storm sewer, an authorized
representative of the municipal operator
or the separate storm sewer receiving
the discharge, upon the presentation of
credentials and other documents as may
be required by law, to:
1. Enter upon the permitted's premises
where a regulated facility or activity is
located or conducted or where records
must be kept under the conditions of this
permit;
2. Have access to and copy at
reasonable times, any records that must
be kept under the conditions of this
permit; and
3. Inspect at reasonable times any
facilities or equipment (including
monitoring and control equipment).
R. Permit Actions. This permit may be
modified, revoked and reissued, or
- terminated for cause. The filing of a
request by the permitted for a permit
modification, revocation and reissuance,
or termination, or a notification of
planned changes or anticipated
noncompliance does not stay any permit
condition.
S. Bypass of Treatment Facility. 1.
Notice:
a. Anticipated bypass. If a permitted
subject to the numeric effluent limitation
of Part V.A of this permit knows in
advance of the need for a bypass, he or
she shall submit prior notice, if possible,
at least ten days before the date of the
bypass; including an evaluation of the
anticipated quality and effect of the
pass.
b. Unanticipated bypass. The
permitted subject to the numeric effluent
limitation of Part V.A of this permit shall
submit notice of an unanticipated
bypass. Any information regarding the
unanticipated bypass shall be provided
orally within 24 hours from the time the
permitted became aware of the
circumstances. A written submission
shall also be provided within 5 days of
the time the permitted became aware of
the circumstances. The written
submission shall contain a description
of the bypass and its cause; the period
< of the bypass; including exact dates and
times, and if the bypass has not been
corrected, the anticipated time it is


expected to continue; and steps taken or
planned to reduce, eliminate, and
prevent reoccurrence of the bypass.
2. Prohibition of bypass: a. Bypass is
prohibited and the Director may take
enforcement action against a permitted
for a bypass. Unless:
(1) The bypass was unavoidable to
prevent loss of life, personal injury, or
severe property damage;
(2) There were no feasible alternatives
to the bypass, such as the use of
auxiliary facilities, retention of
untreated wastes, or maintenance
during normal periods of equipment
downtime. This condition is not satisfied
if the permitted should, in the exercise of
reasonable engineering judgment, have
installed adequate backup equipment to
prevent a bypass which occurred during
normal periods of equipment downtime
or preventive maintenance; and
(3) The permitted submitted notices of
the bypass.
b. The Director may approve an
anticipated bypass after considering its
adverse effects, if the Director
determines that it will meet the three
conditions listed in Part VII.S.2.a.
T. Upset Conditions. 1. An upset
constitutes an affirmative defense to an
action brought for noncompliance with
technology-based numeric effluent
limitations in Part V.A of this permit if
the requirements of paragraph 2 below
are met. No determination made during
administrative review of claims that
noncompliance was caused by upset,
and before an action for noncompliance,
if final administrative action subject to
judicial review.
2. A permitted who wishes to
establish the affirmative defense of an
upset shall demonstrate, through
properly signed, contemporaneous
operating logs, or other relevant
evidence, that:
a. An upset occurred and that the
permitted can identify the specific
causes) of the upset:
b. The permitted facility was at the
time being properly operated; and
c. The permitted provided oral notice
of the upset to EPA within 24 hours from
the time the permitted became aware of
the circumstances. A written submission
shall also be provided within 5 days of
the time the permitted became aware of
the circumstances. The written
submission shall contain a description
of the upset and its cause; the period of
the upset; including exact dates and
times, and if the upset has not been
corrected, the anticipated time it is
expected to continue; and steps taken or
planned to reduce, eliminate, and
prevent reoccurrence of the upset.
3. In any enforcement proceeding the
permitted seeking to establish the


occurrence of an upset has the burden of
proof.
Part VIII. Reopener Clause
A. If there is evidence indicating
potential or realized impacts on water
quality due to any storm water
discharge associated with industrial
activity covered by this permit, the
owner or operator of such discharge
may be required to obtain individual
permit or an alternative general permit
in accordance with Part VII.M (requiring
an individual permit or alternative
general permit) of this permit or the
permit may be modified to include
different limitations and/or
requirements.
B. Permit modification or revocation
will be conducted according to 40 CFR
122.62, 122.63, 122.64 and 124.5.
Part IX. Termination of Coverage
A. Notice of Termination. Where all
storm water discharges associated with
industrial activity that are authorized by
this permit are eliminated, or where the
operator of storm water discharges
associated with industrial activity at a
facility changes, the operator of the
facility may submit a Notice of
Termination that is signed in
accordance with Part VII.G (signatory
requirements) of this permit. The Notice
of Termination shall include the
following information:
1. Name, mailing address, and
location of the facility for which the
notification is submitted. Where a street
address for the site is not available, the
location of the approximate center of the
site must be described in terms of the
latitude and longitude to the nearest 15
seconds, or the section, township and
range to the nearest quarter section;
2. The name, address and telephone
number of the operator addressed by the
Notice of Termination;
3. The NPDES permit number for the
storm water discharge associated with
industrial activity identified by the
Notice of Termination;
4. An indication of whether the storm
water discharges associated with
industrial activity has been eliminated
or the operator of the discharges has
changed; and
5. The following certification signed in
accordance with Part VII.G (signatory
requirements) of this permit: "I certify
under penalty of law that all storm
water discharges associated with
industrial activity from the identified
facility that are authorized by a NPDES
general permit have been eliminated or
that I am no longer the operator of the
industrial activity. I understand that by
submitting this notice of termination,


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that I am no longer authorized to
discharge storm water associated with
industrial activity under this general
P- permit, and that discharging pollutants
in storm water associated with
industrial activity to waters of the
United States is unlawful under the
Clean Water Act where the discharge is
not authorized by a NPDES permit. I
also understand that the submittal of
this notice of termination does not
release an operator from liability for any
violations of this permit or the Clean
Water Act."
B. Address. All Notices of
Termination are to be sent, using the
form provided by the Director (or a
photocopy thereof) ', to the Director of
the NPDES program in care of the
following address: Storm Water Notice
of Termination, PO Box 1185,
Newington, VA 22122.
Part X. Definitions
Best Management Practices ("BMPs")
means schedules of activities,
prohibitions of practices, maintenance
procedures, and other management
practices to prevent or reduce the
pollution of waters of the United States.
BMPs also include treatment
requirements, operating procedures, and
practices to control facility site runoff,
spillage or leaks, sludge or waste
disposal, or drainage from raw material
storage.
Bypass means the intentional
diversion of waste streams from any
portion of a treatment facility.
Coalpile runoff means the rainfall
runoff from or through any coal storage
pile.
CWA means Clean Water Act
(formerly referred to as the Federal
Water Pollution Control Act or Federal
Water Pollution Control Act
Amendments of 1972).
Director means the Regional
Administrator or an authorized
representative.
Flow-weighted composite sample
means a composite sample consisting of
a mixture of aliquots collected at a
constant time interval, where the
volume of each aliquot is proportional to
the flow rate of the discharge.
Landfill means an area of land or an
excavation in which wastes are placed
for permanent disposal, and which is not
a land application unit, surface
impoundment, injection well, or waste
pile.
Land application unit means an area
where wastes are applied onto or
incorporated into the soil surface


5 A copy of the approved NOT form Is provided in
Appendix D of this notice.


(excluding manure spreading
operations) for treatment or disposal.
Large and Medium municipal
separate storm sewer system means all
municipal separate storm sewers that
are either: (i) located in an incorporated
place (city) with a population of 100,000
or more as determined by the latest
Decennial Census by the Bureau of
Census (these cities are listed in
Appendices F and G of 40 CFR Part 122);
or (ii) located in the counties with
unincorporated urbanized populations
of 100,000 or more, except municipal
separate storm sewers that are located
in the incorporated places, townships or
towns within such counties (these
counties are listed in Appendices H and
I of 40 CFR 122); or (iii) owned or
operated by a municipality other than
those described in paragraph (i) or (ii)
and that are designated by the Director
as part of the large or medium municipal
separate storm sewer system.
NOI means notice of intent to be
covered by this permit (see Part II of this
permit.)
NOT means notice of termination (see
Part II of this permit.)
Point Source means any discernible,
confined, and discrete conveyance,
including but not limited to, any pipe,
ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock,
concentrated animal feeding operation,
landfill leachate collection system,
vessel or other floating craft from which
pollutants are or may be discharges.
This term does not include return flows
from irrigated agriculture or agricultural
storm water runoff.
Section 313 water priority chemical
means a chemical or chemical
categories which are: (1) are listed at 40
CFR 372.65 pursuant to Section 313 of
the Emergency Planning and Community
Right-to-Know Act (EPCRA) (also
known as Title III of the Superfund
Amendments and Reauthorization Act
(SARA) of 1986); (2) are present at or
above threshold levels at a facility
subject to EPCRA Section 313 reporting
requirements; and (3) that meet at least
one of the following criteria: (i) are
listed in Appendix D of 40 CFR 122 on
either Table II (organic priority
pollutants), Table III (certain metals,
cyanides, and phenols) or Table V
(certain toxic pollutants and hazardous
substances); (ii) are listed as a
hazardous substance pursuant to section
311(b)(2)(A) of the CWA at 40 CFR 116.4;
or (iii) are pollutants for which EPA has
published acute or chronic water quality
criteria. See Addendum B of this permit.
Significant materials includes, but is
not limited to: raw materials; fuels;
materials such as solvents, detergents,
and plastic pellets; finished materials


such as metallic products; raw materials
used in food processing or production;
hazardous substances designated under
section 101(14) of CERCLA; any
chemical the facility is required to report
pursuant to EPCRA Section 313;
fertilizers; pesticides; and waste
products such as ashes, slag and sludge
that have the potential to be released
with storm water discharges.
Significant spills includes, but is not
limited to: releases of oil or hazardous
substances in excess of reportable
quantities under section 311 of the Clean
Water Act (see 40 CFR 110.10 and CFR
117.21) or section 102 of CERCLA [see 40
CFR 302.4).
Storm Water means storm water
runoff, snow melt runoff, and surface
runoff and drainage.
Storm Water 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. For
the categories of industries identified in
paragraphs (i) through (x) of this
definition, 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 significant
materials remain and are exposed to
storm water. For the categories of
industries identified in paragraph (xi) of
the definition, the term includes only
storm water discharges from all areas
(except access roads and rail lines)
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


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raw material, intermediate product,
finished product, by-product or waste
product. The term excludes areas
located on plant lands separate from the
"T 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)
of this definition) include those facilities
designated under 122.26(a)(1)(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
definition);
(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 oil 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;
(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 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;
(vii) Steam electric power generating
facilities, including coal handling sites;
(viii) Transportation facilities
classified as Standard Industrial
Classifications 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
(i)-(vii) or (ix)-(xi) of this subsection are
associated with industrial activity;
(ix) Treatment works treating
domestic sewage or any other sewage
sludge or wastewater treatment device
or system, used in the storage treatment,
recycling, and reclamation of municipal
or domestic sewage, including land
dedicated to the disposal of sewage
sludge that are located within the
confines of the facility, with a design
flow of 1.0 mgd or more, or required to
have an approved pretreatment program
under 40 CFR 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 40 CFR 503;
(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 or development of
sale;
(xi) 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 (i)-(x)) a.
Time-weighted composite means a
composite sample consisting of a
mixture of equal volume aliquots
collected at a constant time interval.

On June 4,1992. the United States Court of
Appeals for the Ninth Circuit remanded the
exclusion for manufacturing facilities in category
(xi) which do not have materials or activities
exposed to storm water to the EPA for further
rulemaking. (Nos. 90-70671 and 91-70200).


Upset means an exceptional incident
in which there is unintentional and
temporary noncompliance with the
numeric effluent limitations of Part V of
this permit because of factors beyond
the reasonable control of the permitted.
An upset does not include
noncompliance to the extent caused by
operational error, improperly designed
treatment facilities, inadequate
treatment facilities, lack of preventive
maintenance, or careless or improper
operation.
Waste pile means any
noncontainerized accumulation of solid.
nonflowing waste that is used for
treatment or storage.
Waters of the United States means:
(a) All waters which are currently
used, were used in the past, or may be
susceptible to use in interstate or foreign
commerce, including all waters which
are subject to the ebb and flow of the
tide;
(b) All interstate waters, including
interstate "wetlands";
(c) All other waters such as interstate
lakes, rivers, streams (including
intermittent streams), mudflats,
sandflats, wetlands, sloughs, prairie
potholes, wet meadows, playa lakes, or
natural ponds the use, degradation, or
destruction of which would affect or
could affect interstate or foreign
commerce including any such waters:
(1) Which are or could be used by
interstate or foreign travelers for
recreational or other purposes;
(2) From which fish or shellfish are or
could be taken and sold in interstate or
foreign commerce; or
(3) Which are used or could be used
for industrial purposes by industries in
interstate commerce;
(d) All impoundments of waters
otherwise defined as waters of the
United States under this definition;
(e) Tributaries of waters identified in
paragraphs (a) through (d) of this
definition;
(f) The territorial sea; and
(g) Wetlands adjacent to waters
(other than waters that are themselves
wetlands) identified in paragraphs (a)
through (f) of this definition.
Waste treatment systems, including
treatment ponds or lagoons designed to
meet the requirements of CWA are not
waters of the United States.
Part XI. State Specific Conditions
The provisions of this part provide
modifications or additions to the
applicable conditions of Parts I through
IX of this permit. The additional
revisions and requirements listed below
are set forth in connection with
particular State, Indian lands and


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Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 1 Notices


Federal facilities and only apply to the
States and Federal facilities specifically
referenced.
A. Massachusetts. Massachusetts 401
certification special permit conditions
revise the permit as follows:
1. Part I of the permit is revised to
read as follows:
Part I. Coverage Under This Permit
A. Permit Area. This permit covers all
areas of the Commonwealth of
Massachusetts.
B. Eligibility.
*
3. Limitations on Coverage.
*' *
h. new or increased storm water
discharges to coastal water segments
within Massachusetts designated as
"Areas of Critical Environmental
Concern (ACEC)" (for information on
ACEC, please contact the Executive
Office of Environmental Affairs, Coastal
Zone Management at (617) 727-9530);
i. new or increased discharges, as
defined at 314 CMR 4.02(19), which meet
the definition of "storm water
discharge," as defined at 314 CMR
3.04(2)(a)(1) or (2)(b). to Outstanding
Resource Waters which have not met
the provisions of 314 CMR 4.04(3) and
Part IlI C.1 of this permit.
'* *
2. Part II of the permit is revised to
read as follows:
Part II. Notice oflatent Requirements
.*
C. Where to Submit.
1. Facilities which discharge storm
water associated with industrial activity
must use a NOI form provided by the
Director (or photocopy thereof).The
form in the Federal Register notice in
which this permit was published may be
photocopied end used. Forms are also
available by calling the Storm Water
Hotline at (703) 821-4823, or the NPDES
Programs Operations Section at US EPA
Region 1 at (617) 565-3525. NOIs must be
signed in accordance with Part VII.G
(signatory requirements) of this permit.
NOIs are to be submitted to the Director
of the NPDES program in care of the
following address: Storm Water Notice
of Intent, US EPA Region 1. MA, PO'Box
1215, Newington, VA 22122.
2. A copy of the NOI for all discharges
to Outstanding Resource Waters shall
be submitted to the Commonwealth of
Massachusetts at the following address:
Massachusetts Department of
Environmental Protection. Storm Water
Notice of Intent, BRP-WP 43, PO Box
4062. Boston, Massachusetts 02211.
For details on filing for permits with
S MA OEP see 310 CMR 4.00, Timely


Action Schedule and Fee Provisions. For
other information call the MA DEP
Information Services Section at (617)
338-2255 or the Technical Services
Section of the DEP Division of Water
Pollution Control at (508) 792-7470.
** *
3. Part III of the permit is revised to
read as follows:
Part III. Special Conditions

C. Set Backs and Best Management
Practices
1. Storm water discharge outfall pipes
to public water supplies and other
Outstanding Resource Waters shall be
removed and set back when dischargers
are seeking to increase the discharge or
change the site storm water drainage
system; all new discharge outfalls must
be set back from the receiving water.
Receiving swales for outfall pipes shall
be prepared to minimize erosion and
maximize infiltration prior to discharge.
The goal is to infiltrate as much as
feasible; infiltration trenches and
basins, filter media dikes and/or other
BMPs shall be used to meet the goal.
Discharges shall employ Best
Management Practices 'BMPs) for
controlling storm -water. See Protecting
Water Quality in Urban Areas by the
Minnesota Pollution Control Agency,
Division of Water Quality as a reference
for BMPs.
2. Storm water discharges to waters
that are not classified as Outstanding
Resource Waters shall be subject to the
requirements of this permit. New
discharge outfall pipes shall be designed
to be set back from the receiving water
when site conditions allow. For existing
discharge outfall pipes, when the storm
water drainage system is undergoing
changes, outfall pipes should be set
back from the receiving water. A
receiving swale, infiltration trench or
basin, filter media dikes or other BMPs
should be prepared with the goal to
minimize erosion yet maximize
infiltration or otherwise improve water
quality prior to discharge.
3. All discharges to Outstanding
Resource Waters authorized under this
permit must be provided the best
practical method of treatment to protect
and maintain the designated use of the
outstanding resource.
B. Puerto Rico. Puerto Rico 401
certification special permit conditions
revise the permit as follows:.
1. Part I. Coverage Under This Permit
A. Permit Area. The permit covers all
areas administered by EPA Region II in
the Commonwealth of Puerto Rico.
* ** '* *


2. Part III. Special Conditions
.* .* .*
B. Releases in Excess of Reportable
Quantities.


c. The pernmittee shall submit within
14 calendar days of knowledge of the
release a written description of: the
release (including the type and estimate
of the amount of material released), the
date that such release occurred, the
circumstances leading to the release,
and steps to be taken in accordance
with paragraph IIIJB.1.b (above) of this
permit to the appropriate 'EPA Regional
Office at the address provided in Part
VI.D.1.c (reporting: where to submit) of
this permit.

C. Commonwealth Special conditions.
1. If the construction of any treatment
system of waters composed entirely of
storm water is necessary, the permitted
shall obtain the approval from the
Environmental Quality Board (EQB) of
the engineering report, plans and
specifications.
2. The permitted shall operate all air
pollution control equipment in
compliance with the applicable
provisions of the Regulation for the
Control of Atmospheric Pollution, as
amended, to avoid water pollution as a
result of air pollution fallout
3. The permitted shall submit to EQB
with a copy to the Regional Office, the
following information regarding its
storm water discharge associated with
industrial activity: The number of storm
water discharges associated with
industrial activity covered by this
permit, and -a drawing indicating the
drainage area of each storm water
discharge associated with industrial
activity outfall and its respective
sampling point:
a. For industrial activities that have
begun on or before October 1.1992, the
permitted is required to submit the
information listed above no later than
November 16,1992.
b. For industrial activities that have
begun after October 1, 1992, the
permitted is required to submit the
information listed above within forty
five (45) days of submission of the NOL
4. The sampling points) for the storm
water discharges associated with
industrial activity shall be labeled with
a 18 in. x 12 in. {minimum dimensions)
sign that reads as follows:Punto de
Muestreo de Agua delluvia.
3. Part IV. Storin Water Po tion
Prevention Plans
* 0 *


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Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


A. Deadlines for Plan Preparation and
Compliance.
1. Except as provided in paragraphs
IV.A.3 (oil and gas operations), 4
(facilities denied or rejected from
participation in a group application), 5
(special requirements) and 6 (later
dates) the plan for a storm water
discharge associated with industrial
activity that is existing on or before
October 1, 1992:
a. shall be prepared on or before April
1, 1993 (and updated as appropriate);
i. No later than April 1, 1993, the
permitted shall submit to the EQB with a
copy to the Regional Office, a
certification stating that the Plan was
developed in accordance with the
requirements established in this permit.
All certification, except those prepared
by professional engineer licensed in
Puerto Rico, shall be submitted with a
sworn statement attesting to the
professional qualifications of the
individual who developed the Plan.
b. shall provide for implementation
and compliance with the terms of the
plan on or before October 1, 1993;
i. No later than October 1, 1993, the
permitted shall submit to EQB with a
copy to the Regional Office, a
certification stating that the Plan was
implemented in accordance with the
conditions and requirements established
in this permit. The certification should
be signed by the person who fulfills the
signatory requirements in accordance
with Part VII.G of this permit.
2. a. The plan for any facility where
industrial activity commences after
October 1, 1992 shall be prepared, and
except as provided elsewhere in this
permit, shall provide for compliance
with the terms of the plan and this
permit on or before the date 30 calendar
days after the commencement of
industrial activity (and updated as
appropriate);
i. Within thirty (30) days of the
commencement of industrial activity, the
permitted shall submit to EQB with a
copy to the Regional Office, a
certification stating that the Plan has
been developed and implemented in
accordance with the conditions and
requirements established in this permit.
The certification should be signed by the
person who fulfills the signatory
requirements in accordance with Part
VII.G of this permit.
3. The plan for storm water discharges
associated with industrial activity from
an oil and gas exploration, production,
processing, or treatment operation or
transmission facility that is not required
to submit a permit application on or
before October 1, 1992, in accordance
,- with 40 CFR 122.26(c)(1)(iii), but after
October 1, 1992, has a discharge of a


reportable quantity of oil or a hazardous
substance for which notification is
required pursuant to either 40 CFR 110.6,
40 CFR 117.21 or 40 CFR 302.6, shall be
prepared and except as provided
elsewhere in this permit, shall provide
for compliance with the terms of the
plan and this permit on or before the
date 30 calendar days after the first
knowledge of such release (and updated
as appropriate);
a. Within thirty (30) days of the first
knowledge of such release, the permitted
shall submit to EQB with a copy to the
Regional Office, a certification stating
that the Plan has been developed and
implemented in accordance with the
conditions and requirements established
in this permit. The certification should
be signed by the person who fulfills the
signatory requirements in accordance
with Part VII.G of this permit.

C. Keeping Plans Current.
1. The permitted shall amend the plan
whenever there is a change in design,
construction, operation, or maintenance,
which has a significant effect on the
potential for the discharge of pollutants
to the waters of the United States or if
the storm water pollution prevention
plan proves to be'ineffective in
eliminating or significantly minimizing
pollutants from sources identified under
Part IV.D.2 (description of potential
pollutant sources) of this permit, or in
otherwise achieving the general
objectives of controlling pollutants in
storm water discharges associated with
industrial activity. Amendments to the
plan may be reviewed by EPA in the
same manner as Part IV.B (above).
2. In addition to Part IV.C.1 (above),
the Plan should be reviewed at least
once every three (3) years to determine
the need to update the Plan:
a. If no event occurs which requires
the modification of the Plan, the
engineer or qualified professional who
performs the corresponding review must
submit to EQB with a copy to the
Regional Office, a certification stating
the Plan has been reviewed and based
upon such review no modification of the
Plan has been necessary, or;
b. If events have occurred which
require the modification of the Plan, the
engineer or qualified professional who
performs the corresponding revision
must submit to EQB with a copy to the
Regional Office, a certification stating
the modifications performed to the Plan.
As soon as the modifications performed
to the Plan are implemented, the person
who fulfills the signatory requirements
in accordance with Part VII.G of this
permit, shall submit to EQB with a copy
to the Regional Office, a certification


stating that the modifications of the Plan
have been implemented.
c. All certification, except those
prepared by a professional engineer
licensed in Puerto Rico, shall be
submitted with a sworn statement
attesting to the professional
qualifications of the individual who
developed the Plan.
*

4. Part V. Numeric and Narrative
Effluent Limitations

B; All Permittees. The discharges)
composed entirely of storm water shall
not cause the presence of oil sheen in
the receiving body of water.
C. All Permittees. The storm water
discharges associated with industrial
activity covered by this permit, will not
cause violation to the applicable water
quality standard in the receiving body of
water.
5. Part VI. Monitoring and Reporting
Requirements

B. Monitoring Requirements.
1. Rain Gauge.
a. All permittees with storm water
discharges associated with industrial
activity that have begun on or before
October 1, 1992, should install a rain
gauge by November 1, 1992.
b. For permittees where industrial
activity has begun after October 1, 1992,
the rain gauge must be installed on or
before the date of submission of the
NOI.
c. The permitted must keep daily
records of the rain, indicating the date
and amount of rainfall (inches in 24
hours). A copy of these records shall be
submitted to EQB with a copy to the
Regional Office, in accordance with Part
VI.D (reporting: where to submit) of this
permit. The reports are due the 28th day
of January, April, July and October. The
first report may cover less, than three
months and shall be attached to the
Discharge Monitoring Reports (DMRs).
2, Monitoring Requirements. During
the period beginning on the effective
date and lasting through the expiration
date of this permit, permittees with
facilities identified in Parts VI.B.2. a
through j. must monitor those storm
water discharges identified below at
least quarterly (4 times per year) except
as provided in VI.B.5 (sampling waiver),
VI.B.6 (representative discharge),-and
VI.C.1 (toxicity testing). Permittees with
facilities identified in Parts VI.B.2. a
through j. (below) must report in
accordance with Part VI.D (reporting:
where to submit). In addition to the
parameters listed below, the permitted


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Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


shall provide the date and duration (in
hours) of the storm events) sampled;
rainfall measurements or estimates (in
inches) of the storm event which
generated the sampled runoff; the
duration between the storm event
sampled and the end of the previous
measurable (greater than 0.1 inch
rainfall) storm event; an estimate of the
size of the drainage area (in square feet);
an estimate of the runoff coefficient of
the drainage area (e.g. low (under 40%),
medium (40% to 65%) or high (above
65%)); and the total volume (in gallons)
of the discharge sampled.
a. Section 313 ofEPCRA Facilities. In
addition to any monitoring required by
Parts VI.B.2.b through j., facilities with
storm water discharges associated with
industrial activity that are subject to
Section 313 of EPCRA for chemicals
which are classified as "Section 313
water priority chemicals" are required
to monitor storm water that is
discharged from the facility that comes
into contact with any equipment, tank,
container or other vessel or area used
for storage of a Section 313 water
priority chemical, or located at a truck
or rail car loading or unloading area
where a Section 313 water priority
chemical is handled for: Oil and Grease
(mg/L); Five Day Biochemical Oxygen
S Demand (BOD5) (mg/L); Chemical
Oxygen Demand (COD) (mg/L); Total
Suspended Solids (mg/L); Total Kjeldahl
Nitrogen (TKN) (mg/L); Total
Phosphorus (mg/L); pH; acute whole
effluent toxicity; and any Section 313
water priority chemical for which the
facility is subject to reporting
requirements under section 313 of the
Emergency Planning and Community
Right to Know Act of 1986. These
facilities are not required to submit the
estimate of the size of the drainage area
and the estimate of the runoff coefficient
of the drainage area.
*
g. Airports. At airports with over
50,000 flight operations per year,
facilities with storm water discharges
associated with industrial activity from
areas where aircraft or airport deicing
operations occur (including runways,
taxiways, ramps, and dedicated aircraft
deicing stations) are required to monitor
such storm water that is discharged
from the facility when deicing activities
are occurring for: Oil and Grease (mg/L);
Five Day Biochemical Oxygen Demand
(BOD5) (mg/L); Chemical Oxygen
Demand (COD) (mg/L); Total Suspended
Solids (TSS) (mg/L); pH; and the
primary ingredient used in the deicing
materials used at the site (e.g. ethylene
S glycol, urea, etc.).


h. Coal-fired Steam Electric Facilities.
Facilities with storm water discharges
associated with industrial activity from
coal handling sites at coal fired steam
electric power generating facilities
(other than discharges in whole or in
part from coal piles subject to storm
water effluent guidelines at 40 CFR
423-which are not eligible for coverage
under this permit) are required to
monitor such storm water that is
discharged from the facility for: Oil and
grease (mg/L), pH, TSS (mg/L), total
recoverable copper (mg/1), total
recoverable nickel (mg/l) and total
recoverable zinc (mg/1).
i. Animal Handling/Meat Packing.
Facilities with storm water discharges
associated with industrial activity from
animal handling areas, manure
management (or storage) areas, and
production waste management (or
storage) areas that are exposed to
precipitation at meat packing plants,
poultry packing plants, and facilities
that manufacture animal and marine
fats and oils, are required to monitor
such storm water that is discharged
from the facility for: Five Day
Biochemical Oxygen Demand (BOD5)
(mg/L); oil and grease (mg/L); Total
Suspended Solids (TSS) (mg/L); Total
Kjeldahl Nitrogen (TKN) (mg/L); Total
Phosphorus (mg/L); ph; and fecal
coliform (counts per 100 MI).
j. Additional Facilities. Facilities with
storm water discharges associated with
industrial activity described below are
subject to storm water monitoring
requirements for the following
parameters: Oil and Grease (mg/L);
Chemical Oxygen Demand (COD) (mg/
L); Total Suspended Solids (TSS) (mg/L);
pH; and any pollutant limited in an
effluent guideline to which the facility is
subject. Facilities include those that:
(i) come in contact with storage piles
for solid chemicals used as raw
materials that are exposed to
precipitation at facilities classified as
SIC 30 (Rubber and Miscellaneous
Plastics Products) or SIC 28 (Chemicals
and Allied Products);
(ii) Are from those areas at automobile
junkyards with any of the following: (A)
over 250 auto/truck bodies with
drivelines (engine, transmission, axles,
and wheels), 250 drivelines, or any
combination thereof (in whole or in
parts) are exposed to storm water; (B)
over 500 auto/truck units (bodies with or
without drivelines in whole or in parts)
are stored exposed to storm water; or
(C) over 100 units per year are
dismantled and drainage or storage of
automotive fluids occurs in areas
exposed to storm water;


(iii) Come into contact with lime
storage piles that are exposed to storm
water at lime manufacturing facilities;
(iv) Are from oil handling sites at oil
fired steam electric power generating
facilities;
(v) Are from cement manufacturing
facilities and cement kilns (other than
discharges in whole or in part from
material storage piles subject to storm
water effluent guidelines at 40 CFR
411-which are not eligible for coverage
under this permit);
(vi) Are from ready-mixed concrete
facilities; or
(vii) Are from ship building and
repairing facilities.
3. Monitoring Requirements for All
Other Industries. During the period
beginning on the effective date and
lasting through the expiration date of
this permit, permittees with facilities
that are not identified in Parts VI.B.2. a
through j. (above) must monitor those
storm water discharges at least
quarterly (4 times per year) except as
provided in VI.B.5 (sampling waiver),
and VI.B.6 (representative discharge).
Permittees identified in this paragraph
are required to monitor such storm
water discharges from the facility for:
Oil and Grease (mg/L); pH; Five Day
Biochemical Oxygen Demand; Biological
Oxygen Demand (mg/1); Chemical
Oxygen Demand (mg/l) (mg/L); Total
Suspended Solids (mg/L); Total
Phosphorous (mg/1); Total Kjeldahl
Nitrogen (mg/1), Nitrate plus Nitrite as
Nitrogen (mg/1); and any pollutant
limited in an effluent limitation guideline
to which the process wastewater stream
at the facility is subject to. Permittees
identified in this paragraph must report
in accordance with Part VI.D (reporting:
where to submit). In addition to the
parameters listed in this paragraph, the
permitted shall provide the date and
duration (in hours) of the storm events)
sampled; rainfall measurements or
estimates (in inches) of the storm event
which generated the sampled runoff; the
duration between the storm event
sampled and the end of the previous
measurable (greater than 0.1 inch
rainfall) storm event; an estimate of the
size of the drainage area (in square feet);
and an estimate of the runoff coefficient
of the drainage area {e.g. low (under
40%), medium (40% to 65%) or high
(above 65%)}.
4. Sample Type. Facilities should
sample the discharge during normal
business hours. In the event that the
discharge commences during normal
business hours, the permitted shall
attempt to meet the sampling
requirements specified in this permit
even if this requires sampling after


_ __ ___ __ _____ _44461L_


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Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


normal business hours. For discharges
from holding ponds or other
impoundments with a retention period
-o greater than 24 hours,. (estimated by
dividing the volume of the detention
pond by the estimated volume of water
discharged during the 24 hours previous
to the time that the sample is collected)
a minimum of one grab, sample may be
taken.. For all other discharges, data
shall be reported for both a grab sample
and a composite sample. All such
samples shall'be collected from the
discharge resulting from a storm event
that is greater than 0.1 inches in
magnitude and that occurs at least 72
hours from the previously measurable
(greater than 0.1 inch rainfall) storm
event. The grab sample shall be taken
during the first thirty minutes of the
discharge. If. the collection of a grab
sample during the first thirty minutes is
impracticable, a grab-sample can be
taken during the first hour of the
discharge, and the discharger shall
submit with the monitoring report a
description of why a grab sample during
the first thirty minutes was
impracticable. The composite sample
shall either be flow-weighted or time-
weighted. Composite samples may be
taken with a continuous sampler or as a
combination of a minimum of three
sample aliquots taken in each hour of
. discharge for the entire discharge or for
the first three hours of the discharge,
with each aliquot being separated by a
minimum period of fifteen minutes, Grab
samples only must be collected and
analyzed for the determination of pH.
cyanide, whole effluent toxicity, fecal,
coliform, and oil and grease. The-
permittee must document the conditions
under which the storm water samples.
were taken,, how many manual grab
samples were taken for the composite-
sample, and the date of sampling, and
must attach this documentation to the.
sampling results. The permitted should
attempt to meet the above protocol and
collect samples beginning on the first
day of the reporting period, in order to.
ensure.compliance with the specified
sampling protocol and requirements.
*
7. Alternative to WETParameter: A
discharger that is subject to the
monitoring requirements of Parts VI.B.2.
a through d..may, in lieu of monitoring.
for acute whole effluent toxicity..
monitor forpollutants identified in
Tables. I and IlIof Appendix D of 40
CFR 122 (see Addendunt A of this:
permit), that the: discharger knows or has
reason to believe are present at the
facility site. Such determinations.are to.
be based on reasonable: best efforts to:
identify significant quantities of


materials or chemicals present at the
facility. Dischargers must also monitor
for any additional parameter identified
in Parts VLB.2. a through d..
C.

2.
* *
D. Reporting: Where to Submit.
1.
a. Permittees which are required to
conduct sampling pursuant to Parts
VI.B.2. a through j., or Part VI.B.3, shall
monitor samples collected during the
sampling periods on a quarterly basis:
i. The first sampling period runs from
October 1 through December 31;
ii. The second sampling period runs
from January 1 through March 31;
iii. The third sampling period runs
from April 1 through June 30; and
iv. The fourth sampling period runs
from July 1 through September 30.
b. Such permittees shall submit
monitoring results obtained during the
reporting period on Discharge
Monitoring Report Form(s) postmarked
no later than the 28th day of the month
following the sampling period. A.
separate Discharge Monitoring Report
Form is required for each sampling
period. The first report may cover less
than three (3) months.
c. Signed copies of Discharge
Monitoring Reports required, individual
permit applications and all other reports
required herein, shall, be submitted to
the Director of the NPDES program at
the following address: United States
EPA, Region II, Water Management
Division, (2WM-WPC), Storm Water
Staff, 26 Federal Plaza, New York, NY
10278.
2. Additional Notification. Signed
copies of discharge monitoring reports
required, individual permit applications
and all. other reports required herein,
shall be submitted to the following
Commonwealth Agency:. Water Quality
Area. P.R. Environmental Quality Board,
P.O. Box 11488% Santurce,. Puerto Rico
00910..
* *-

6. Part VIL Standard Permit Conditions

G. Signatory Requirements. All-
Notices of Intent, Notices; of
Termination,. storm water pollution
prevention plans, reports, certifications
or information either submitted ta the
Director or EQB (and/or the operator of
a large or medium municipal separate-
storm sewer system),, or that this permit
requires be maintained by the permitted,
shall be signed.
* *


2. All reports required by the permit
and other information requested by the
Director or EQB shall be signed by a
person described above or by a duly
authorized representative of that person.
A person is a duly authorized
representative only if:
* *
O. Proper Operation and
Maintenance. The permitted shall at all
times properly operate and maintain all
facilities and systems of treatment and
control (and related' appurtenances)
which are installed or used by the
permitted to achieve compliance with
the conditions of this permit and with
the requirements of storm water
pollution prevention plans. Proper
operation and maintenance also'
includes adequate laboratory controls.
and appropriate quality assurance
procedures. Proper operation and
maintenance requires the operation of
backup or auxiliary facilities or similar
systems, installed by a permitted only
when necessary to achieve compliance
with the conditions of the permit Also,.
proper operation and maintenance
includes, but is not limited, to effective
performance based on designed facility
removals, adequate funding, effective
management, qualified operator staffing,
adequate training, adequate laboratory
and process controls.

C. Delaware. Delaware 401
certification special permit conditions
revise the permit as follows:
1. Part I of the permit is revised to
read:
Part I. Coverage Under This Permit
A. Permit Area. The permit covers all
Federal facilities administered by EPA
Region 3 in the State of Delaware.
2. Part II of the permit is revised to
read as follows:
Part II. Notice of Intent Requirements
* *
C. Where to Submit.
1. Facilities which- discharge storm
water associated with industrial activity
must use a NOI form- provided by the
Director ( or photocopy thereofJ. The
form in the Federal Register notice in
which, this permit was published may be
photocopied and used. Forms are also
available by calling (703): 821-4823. NOIs
must be signed in accordance with'Part
VIEG (signatory requirements) of this.
permit. NOIs are to be submitted to the
Director of the NPDES program in care-
of the, following address: Storm Water
Notice of Intent, PO Box 1215,.
Newington, VA 22122.
2. A copy of all Nbtices, of Intent
(NOIs) shall be submitted to the State of


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Delaware at the following address:
Water Pollution Control Branch, NPDES
Storm Water Program, Delaware
Department of Natural Resources and
Environmental Control, 89 Kings
Highway, P.O. Box 1401, Dover, DE
19903.

3. Part IV of the permit is revised to
read as follows:
Part IV. Storm Water Pollution
Prevention Plan

B. Signature and Plan Review.
1. The plan shall be.signed in
accordance with Part VII.G (signatory
requirements), and be retained on-site at
the facility which generates the storm
water discharge in accordance with Part
VI.E (retention of records) of this permit.
A copy of the plan, as well as
subsequent revisions, shall also be
submitted to the State of Delaware at
the following address: Water Pollution
Control Branch, NPDES Storm Water
Program, Delaware Department of
Natural Resources and Environmental
Control, 89 Kings Highway, P.O. Box
1401, Dover, DE 19903.
* *
D. Contents of the Plan.

3. Measures and Controls.

d. Inspections. In addition to or as
part of the comprehensive site
evaluation required under Part IV.4 of
this permit, qualified facility personnel
shall be identified to inspect designated
equipment and areas of the facility. The
areas where significant materials are
stored shall be inspected once per
month to determine the availability of
significant materials to be contributed to
storm water runoff. If it is determined
that storm water or storm water runoff
is coming in contact with significant
materials, the storm water pollution
prevention plan shall be amended
appropriately to eliminate or reduce the
exposure. Also, all structural controls
shall be inspected after every rainfall
event that results in runoff to confirm
that these controls are operating
properly. If any structural control is not
operating properly, this situation shall
be corrected immediately or a time
frame developed for this situation.
Records of all inspections, amendments
to the storm water pollution prevention
plan and corrective actions shall be
maintained.
4. Part VI of the permit is revised to
read:


Part VI. Monitoring and Reporting
Requirements
. monitoring Requirements.

3. Annual Monitoring Requirements.
3. Annual Monitoring Requirements.
* *
a. Airports. At airports with over
50,000 flight operations per year and at
all Federal airport facilities in the State
of Delaware, storm water discharges
associated with industrial activity from
areas where aircraft or airport deicing
operations occur (including runways,
taxiways, ramps, and dedicated aircraft
deicing stations) are required to monitor
such storm water that is discharged
from the facility when deicing activities
are occurring for: Oil and Grease (mg/L;
Five Day Biochemical Oxygen Demand
(BOD5) (mg/L); Chemical Oxygen
Demand (COD) (mg/L); Total Suspended
Solids (TSS) (mg/L); Ph: Total Petroleum
Hydrocarbons (mg/L); and the primary
ingredient used in the deicing materials
used at the site (e.g. ethylene glycol,
urea, etc.).

D. Reporting: Where to Submit.

1.

d. Signed copies of discharge
monitoring reports required under Parts
VI.D.I.a, VI.D.l.b, and VI.D.1.c,
individual permit applications and all
other reports required herein, shall be
submitted to the Director of the NPDES
program at the address of the
appropriate Regional Office:
Region 3. DE, DC, MD, PA, VA, WV,
United States EPA, Region III, Water
Management Division, (3WM55),
Storm Water Staff, 841 Chestnut
Building, Philadelphia, PA 19107.
and to the State of Delaware at the
following address:
Water Pollution Control Branch, NPDES
Storm Water Program, Delaware
Department of Natural Resources and
Environmental Control, 89 Kings
Highway, P.O. Box 1401, Dover, DE
19903.
D. District of Columbia. District of
Columbia 401 certification special
permit conditions revise the permit as
follows:
1. Part I of the permit is revised to
read:
Part I. Coverage Under This Permit
A. Permit Area. The permit covers all
areas administered by EPA Region 3 in
the District of Columbia.
2. The following sections are added to
Part III of the permit:


Part III. Special Conditions

C. Applicability of District of
Columbia Laws. All Federal facility
permittees covered under this permit
must meet all applicable District of
Columbia laws.
D. Nitrogen and Phosphorus Removal.
The Director may notify any permitted
that additional control measures are
required in order to achieve the 40
percent reduction in nitrogen and
phosphorus entering the main stem of
the Chesapeake Bay by the year 2000, as
mandated by the 1987 Chesapeake Bay
Agreement.
3. Part V of the permit is revised to
read:
Part V. Numeric Effluent Limitations
A. Cool Pile Runoff. Any discharge
composed of coal pile runoff shall not
exceed a maximum concentration for
any time of 50 mg/l total suspended
solids. Coal pile runoff shall not be
diluted with storm water or other flows
in order to meet this limitation. The Ph
of such discharges shall be within the
range of 6.0-8.5. Any untreated overflow
from facilities designed, constructed and
operated to treat the volume of coal pile
runoff which is associated with a 10
year, 24 hour rainfall event shall not be
subject to the 50 mg/l limitation for total
suspended solids. Failure to
demonstrate compliance with these
limitations as expeditiously as
practicable, but in no case later than
October 1, 1995, will constitute a
violation of this permit.
4. Part VI of the permit is revised to
read:
Part VI. Monitoring and Reporting
Requirements
* *
D. Reporting: Where to Submit.

1.
* *
d. Signed copies of discharge
monitoring reports required under Parts
VI.D.l.a, VI.D.l.b, and VI.D.1.c,
individual permit applications and all
other reports required herein, shall be
submitted to the Director of the NPDES
program at the-address of the
appropriate Regional Office:
3. DE, DC, MD,.PA, VA, WV:
United States EPA, Region III, Water
Management Division, (3WM55),
Storm Water Staff, 841 Chestnut
Building, Philadelphia, PA 19107.
and to the District of Columbia at the
address below:


446


44463






Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992. / Notices


Government of the District of Columbia,
Department of Consumer and
Regulatory Affairs, Environmental
S Regulation Administration, 2100
Martin Luther King., Jr. Avenue S.E.,
Washington, DC 20020.
E. American Samoa. American Samoa
401 certification special permit
conditions revise the permit as follows:
1. Part I of the permit is revised to
read:
Part I. Coverage Under This Permit
A. Permit Area. The permit covers all
areas administered by EPA Region IX in
American Samoa.
2. Part II of the permit is revised to
read as follows:
Part II. Notice of Intent Requirements
*
C. Where to Submit.
1. Facilities which discharge storm
water associated with industrial activity
must use an NOI form provided by the
Director (or photocopy thereof). The
form in the Federal Register notice
in which this permit was published may
be photocopied and used. Forms are
also available by calling (703) 821-4823.
NOIs must be signed in accordance with
Part VIIG (signatory requirements) of
this permit. NOIs are to be submitted to
the Director of the NPDES program in
care of the following address: Storm
Water Notice of Intent, PO Box 1215,
Newington, VA 22122.
2. A copy of the NOI shall be
submitted to American Samoa
Environmental Protection Agency at the
same time as submittal to the U.S. EPA.
3. Part IV of the permit is revised to
read as follows:
Part IV. Storm Water Pollution
Prevention Plan
*
B. Signature and Plan Review.
1. The plan shall be signed in
accordance with Part VII.G (signatory
requirements), and be retained on-site at
the facility which generates the storm
water discharge in accordance with Part
VI.E (retention of records) of this permit.
A copy of the plan shall also be
submitted to the American Samoa
Environmental Protection Agency for
review and approval.
F. Guam. Guam 401 certification
special permit conditions revise the
permit as follows:
1. Part I of the permit is revised to
read:
Part I. Coverage Under This Permit
A. PermitArea. The permit covers all
areas administered by EPA Region IX in
Guam.


2. Part II of the permit is revised to
read as follows:
Part II. Notice of Intent Requirements

C. Where to Submit.
1. Facilities which discharge storm
water associated with industrial activity
must use an NOI form provided by the
Director (or photocopy thereof). The
form in the Federal Register notice in
which this permit was published may be
photocopied and used. Forms are also
available by calling (703) 821-4823. NOIs
must be signed in accordance with Part
VII.G (signatory requirements) of this
permit. NOIs are to be submitted to the
Director of the NPDES program in care
of the following address: Storm Water
Notice of Intent, PO Box 1215,
Newington, VA 22122.
2. A copy of the NOI also shall be
submitted to appropriate Government of
Guam agencies and the Guam
Environmental Protection Agency at the
following address: D-107 Harmon Plaza,
130 Rojas St., Harmon, Guam 95911

3. Part IV of the permit is revised to
read as follows:
Part IV. Storm Water Pollution
Prevention Plan

B. Signature and Plan Review.
1. The plan shall be signed in
accordance with Part VII.G (signatory
requirements), and be retained on-site at
the facility which generates the storm
water discharge in accordance with Part
VI.E (retention of records) of this permit.
A copy of the plan shall also be
submitted to the Guam Environmental
Protection Agency at the following
address: D-107 Harmon Plaza. 130 Rojas
St., Harmon, Guam 95911.

4. Part VI of the permit is revised to
read:
Part VI. Monitoring and Reporting
Requirements

D. Reporting: Where to Submit.
1.
* *
d. Signed copies of discharge
monitoring reports required under Parts
VI.D.1.a, VI.D.i.b, and VI.D.1.c,
individual permit applications and all
other reports required herein, shall be
submitted to the Director of the NPDES
program at the address of the
appropriate Regional Office: United
States EPA., Region IX, Water
Management Division, (W-5-1), Storm
Water Staff, 75 Hawthorne Street, San
Francisco, CA 94105, and to the Guam


Environmental Protection Agency at the
following address: D-107 Harmon Plaza,
130 Rojas St., Harmon, Guam 95911.
* *

Addendum A
Table II-Organic Toxic Pollutants in Each of
Four Fractions in Analysis by Gas
Chromatography/Mass Spectroscopy (GSI
MS)
Volatiles
acrolein
acrylonitrile
benzene
bromoform
carbon tetrachloride
chlorobenzene
chlorodibromomethane
chloroethane
2-chloroethylvinyl ether
chloroform
dichlorobromomethane
1,1-dichloroethane
1,2-dichloroethane
1.1-dichloroethylene
1.2-dichloropropane
1,3-dichloropropylene
ethylbenzene
methyl bromide
methyl chloride
methylene chloride
1.1,2,2-tetrachloroethano
tetrachloroethylene
toluene
1.2-trans-dichloroethylene
1,1.1-trichloroethane
1.1,2-trichloroethane
trichloroethylene
vinyl chloride
Acid Compounds.
2-chlorophenol
2.4-dichlorophenol
2.4-dimethylphenol
4,6-dinitro-o-cresol
2,4-dinitrophenol
2-nitrophenol
4-nitrophenol
p-chloro-m-cresol
pentachlorophenol
phenol
2,4.6-trichlorophenol
Base/Neutra!'
acenaphthene
acenaphthylene
anthracene
benzidine
benzo(a)aanthracene
benzo((a))pyrene
3.4-benzofluoranthene
benzo(ghi)perylene
benzo(k)fluoranthene
bis(2-chloroethoxy)methane
bis(2-chloroethyl)ether
bis(2-chloroisopropyl)ether
bis(2-ethylhexyl)phthalate
4-bromophenyl phenyl ether
butylbenzyl phthalate
2-chloronaphthalene
4-chlorophenyl phenyl ether
chrysene
dibezo(a.h)anthracene
1.2-dichlorobenzene


-- -- I -rl


--


44464








Federal Register


/ Vol. 57, No. 187 / Fridav. SeDtember 25. 1992 / Nnticr.


1,3-dichlorobenzene
1,4-dichlorobenzene
3,3-dichlorobenzidine
diethyl phthalate
dimethyl phthalate
di-n-butyl phthalate
2.4-dinitrotoluene
2,6-dinitrotoluene
di-n-octyl phthalate
1.2-diphenylhydrazine (as azobenzene)
fluroranthene
fluorene
hexachlorobenzene
hexachlorobutadiene
hexachlorocyclopentadiene
hexachloroethane
indenofl,2.3-cd)pyrene
isophorone
napthalene
nitrobenzene
N-nitrosodimethylamine
N-nitrosodi-n-propylamine
N-nitrosodiphenylamine
phenanthrene
pyrene
1.2,4-trichlorobenzene
Pesticides
aldrin
alpha-BHC
beta-BHC
gamma-BHC
delta-BHC
chlordane
4,4'-DDT
4,4'-DDE
4,4'-DDD
dieldrin
alpha-endosulfan
beta-endosulfan
endosulfan sulfate
endrin
endrin aldehyde
heptachlor
heptachlor epoxide
PCB-1242
PCB-1254
PCB-1221
PCB-1232
PCB-1248
PCB-1260
PCB-1016
toxaphene
Table Ill---Other Toxic Pollutants (Metals
and Cyanide) and Total Phenols
Antimony, Total
Arsenic, Total
Beryllium, Total
Cadmium, Total
Chromium, Total
Copper, Total
Lead, Total
Mercury, Total
Nickel, Total
Selenium. Total
Silver. Total
Thallium, Total
Zinc, Total
Cyanide, Total
Phenols, Total
Addendum C
Large and Medium Municipalities in the
Non-Delegated State of Florida: Broward,
Dade, Duval. Escambia, Hillsborough,
Orange, Palm Beach, Pinellas, Polk, and


Sarasota Counties, and all incorporated
municipalities, the Florida Department of
Transportation, and Chapter 298 Special
Districts within these counties where such
entities own or operate, in whole or in part, a
municipal separate storm sewer system.
Addendum B
Section 313 Water Priority Chemicals


CAS No.

75-07-0
75865
107-02-8
107-13-1
309-00-2




107-05-1
7429-90-5
7664-41-7
62-53-3
120-12-7
7440-36-0
7647189
28300745
7789619
10025919
7783564
1309644
7440-38-2
1303328
1303282
7784341
1327533
1303339
1332-21-4
542621
71-43-2
92-87-5
100470
98-88-4
100-44-7
7440-41-7
7787475
7787497
7787555
111-44-4
75-25-2
74-83-9
85-68-7
7440-43-9
543908
7789426
10108642
7778441
52740166
13765190
592018
133-06-2


63-25-2

75-15-0
56-23-5
57-74-9


7782-50-5
59-50-7

108-90-7
75-00-3
67-66-3
74-87-3
95-57-8
106-48-9
1066304
11115745


Common name

Acetaldehyde.
Acetane cynohydrin."
Acrolein.
Acrylonitrile.
Aldrin [1 ,4:5,8-Dimethanonaphtha-
lene, 1,2,3,4,10.10-hexachloro-
1,4,4a,5,8,8a-hexahydro-
(1.alpha.,4.alpha.,4a.beta.,5.alpha.,
8.alpha.,8a.beta.)-l
Allyl Chloride.
Aluminum (fume or dust).
Ammonia.
Aniline.
Anthracene.
Antimony.
Antimony pentachloride.
Antimony potassium tartrate.
Antimony tribromide.
Antimony trichloride.
Antimony trifluoride.
Antimony trioxide.
Arsenic.
Arsenic disulfide.
Arsenic pentoxide.
Arsenic trichloride.
Arsenic trioxide.
Arsenic trisulfide.
Asbestos (friable).
Barium cyanide.
Benzene.
Benzidine.
Benzonitrile.
Benzoyl chloride.
Benzyl chloride.
Beryllium.
Beryllium chloride.
Beryllium fluoride.
Beryllium nitrate.
Bis(2-chloroethyl) ether.
Bromoform.
Bromomethane (Methyl bromide).
Butyl benzyl phthalale.
Cadmium.
Cadmium acetate.
Cadmium bromide.
Cadmium chloride.
Calcium arsenate.
Calcium arsenite.
Calcium chromate.
Calcium cyanide.
Captan [1H-lsolndole-1,3(2H)-
dione.3a,4,7,7a-tetrahydro-2-
[(trichloromethyl)thiol-].
Carbaryl [1-Naphthalenol, methyl-
carbamate].
Carbon disulfide.
Carbon letrachloride.
Chlordane [4,7-Methanoin-
dan,1,2,4,5,6,7,8,8-octachloro-
2,3,3a,4,7,7a-hexahydro-].
Chlorine.
Chloro-4-methyl-3-phenol p-Chloro-
m-cresol.
Chlorobenzene.
Chloroethane (Ethyl chloride).
Chloroform.
Chloromethane (Methyl chloride).
2-Chlorophenol.
4-Chlorophenol.
Chromic acetate.
Chromic acid.


CAS No. Common name


10101538
7440-47-3
1308-14-1
10049055
7789437
544183
14017415
7440-50-8
108-39-4
9548-7
106-44-5
1319-77-3
142712
12002038
7447394
3251238
5893663
7558987
10380297
815827
57-12-5
506774
110-82-7
94-75-7

106-93-4

84-74-2
25321-22-6
95-50-1
541-73-1
106-46-7
91-94-1
75-27-4
107-06-2

540-59-0
120-83-2
78-87-5
542-75-6
62-73-7

115-32-2


177-81-7
84-66-2
105-67-9
131-11-3
534-52-1
51-28-5
121-14-2
606-20-2
117-84-0
122-66-7

106-89-8
100-41-4
106934
50-00-0
76-44-8


118-74-1
87-68-3
77-47-4
67-72-1
7647-01-0
74-90-8
7664-39-3
7439-92-1
301042
7784409
7645252
10102484
7758954
13814965
7783462
10101630
10099748
7428480
1072351


Chromic sulfate.
Chromium.
Chromium (Tri).
Chromous chloride.
Cobaltous bromide.
Cobaltous format.
Cobaltous sulfamate.
Copper.
m-Cresol.
o-Cresol.
p-Cresol.
Cresol (mixed isomers).
Cupric acetate.
Cupric acetoarsenite.
Cupric chloride.
Cupric nitrate.
Cupric oxalate.
Cupric sulfate.
Cupric sulfate, ammoniated.
Cupric tartrate.
Cyanide.
Cyanogen chloride.
Cyclohexane.
2,4-D [Acetic acid, (2,4-dichloro-
phenoxy)-].
1,2-Dibromoethane (Ethylene dibro-
mide).
Dibutyl phthalate.
Dichlorobenzene (mixed isomers).
1,2-Dlchlorobenzene.
1,3-Dichlorobenzene.
1,4-Dichlorobenzene.
3,3'-Dichlorobenzidine.
Dichlorobromomethane.
1,2-Dichloroethane (Ethylene dichlo-
ride).
1,2-Dichloroethylene.
2,4-Dichlorophenol.
1,2-Dichloropropane.
1,3-Dichloropropylene.
Dichlorvos [Phosphoric acid, 2,2-
dichloroethenyl dimethyl ester].
Dicofol [Benzenemethanol,
4[chloro-.alpha.-(4-chlorophenyl)-
.alpha.-(trichloromethyl)-].
Di-(2-ethylhexyl phthalate (DEHP).
Diethyl phthalate.
2,4-Dimethylphenol.
Dimethyl phthalate.
4.6-Dinitro-o-cresol.
2,4-Dinitrophenol.
2,4-Dinitrotoluene.
2,6-Dinitrotoluene.
n-Dioctyl phthalate.
1,2-Diphenylhydrazine (Hydrazoben-
zene).
Epichlorohydrin.
Ethylbenzene.
Ethylene dibromide.
Formaldehyde.
Heptachlor [1,4,5,6,7,8,8-Heptach-
loro-3a,4,7,7a-tetrahydro-4,7-
methano-1 H-indene].
Hexachlorobenzene.
Hexachloro-1,3-butadiene.
Hexachlorocyclopentadiene.
Hexachloroethane.
Hydrochloric acid.
Hydrogen cyanide.
Hydrogen fluoride.
Lead.
Lead acetate.
Lead arsenate.
Do.
Do.
Lead chloride.
Lead fluoborate.
Lead fluoride.
Lead iodide.
Lead nitrate.
Lead stearate.
Do.


IAAA5
/ Vl.57 N. 87/ FidySetebe 2 192 NtiesAA r


AAARn





52652592
7446142
1314870
592870
58-89-9



14307358
108-31-6
592041
10045940
7783359
592858
7782867
7439-97-6
72-43-5


80-62-6
91-20-3
7440-02-0
15699180
37211055
7718549
12054487
14216752
7786814
7697-37-2
98-95-3
68-75-5
100-02-7
62-75-9
86-30-6
621-64-7
56-38-2


87-86-5
108-95-2
75-44-6
7664-38-2
7723-14-0
1336-36-3
7784410
10124502
7778509


Do.
Lead sulfate.
Lead sulfide.
Lead thiocyanate.
Lindane [Cyclohexane, 1,2.3.4.5.6-
hexachloro-
(1.alpha..3.beta..4.alpha.,5.alpha..-
6.beta.)-].
Lithium chromate.
Maleic anhydride.
Mercuric cyanide.
Mercuric nitrate.
Mercuric sulfate.
Mercuric thiocyanate.
Mercurous nitrate.
Mercury.
Methoxychlor [Benzene, 1.1'-(2,2,2-
trichloroethylidene)bis[4-methoxy-
].
Methyl methacrylate.
Naphthalene.
Nickel.
Nickel ammonium sulfate.
Nickel chloride.
Do.
Nickel hydroxide..
Nickel nitrate.
Nickel sulfate.
Nitric acid.
Nitrobenzene.
2-Nitrophenol.
4-Nitrophenol.
N-Nitrosodimethylamine.
N-Nitrosodiphenylamlne.
N-Nitrosodi-n-propylamine.
Parathion (Phosphorothioic acid,
O,0-diethyl-O-(4-nitrophenyl)
ester].
Pentachlorophenol (PCP).
Phenol.
Phosgene.
Phosphoric acid.
Phosphorus (yellow or white).
Polychlorinated biphenyls (PC8s).
Potassium arsenate.
Potassium arsenite.
Potassium bichromate.


CAS No. Common name


CAS No.

7789006
151508
75-56-9
91-22-5
7782-49-2
7446084
7440-22-4
7761888
7631892
7784465
10588019
7775113
143339
10102188
7782823
7789062
100-42-5
7664-93-9
79-34-5
127-18-4

935-95-5
78002
7440-28-0
10031591
108-88-3
8001-35-2
52-68-6


120-82-1
71-55-6

79-00-5
79-01-6
95-95-4
88-06-2
7440-62-2
108-05-4
75-01-4
75-35-4
106-38-3
95-47-6
106-42-3
1330-20-7
7440-66-6
557346


Common name

Potassium chromate.
Potassium cyanide.
Propylene oxide.
Quinoline.
Selenium.
Selenium oxide.
Silver.
Silver nitrate.
Sodium arsenate.
Sodium arsenite.
Sodium bichromate.
Sodium chromate.
Sodium cyanide.
Sodium selenite.
Do.
Strontium chromate.
Styrene.
Sulfuric acid.
1,1,2,2-Tetrachloroethane.
Tetrachloroethylene (Perchloroethy-
lene).
2,3.5,6-Tetrachlorophenol.
Tetraethyl lead.
Thallium.
Thallium sulfate.
Toluene.
Toxaphene.
Trichlorfon [Fhosphonic acid, (2,2.2-
trichloro-1 -hydroxyethyl)-
dimethyloster].
1,2,4-Trichlorobenzene.
1.1,1-Trichloroethane (Methyl chlo-
roform).
1.1.2-Trichloroethane.
Trichloroethylene.
2.4.5-Trichlorophenol.
2.4.6-Trichlorophenol.
Vanadium (fume or dust).
Vinyl acetate.
Vinyl chloride.
Vinylidene chloride.
m-Xylene.
o-Xylene.
p-Xytene.
Xylene (mixed isomers).
Zinc (fume or dust).
Zinc acetate.


L I- I-


Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


CAS No. Common name

14639975 Zinc ammonium chloride.
14639986 Do.
52628258 Do.
1332076 Zinc borate.
7699458 Zinc bromide.
3486359 Zinc carbonate.
7646857 Zinc chloride.
557211 Zinc cyanide.
7783495 Zinc fluoride.
557415 Zinc format.
7779864 Zinc hydrosulfite.
7779886 Zinc nitrate.
127822 Zinc phenolsulfonate.
1314847 Zinc phosphide.
16871719 Zinc silicofluoride.
7733020 Zinc sulfate.



Addendum C
Municipalities With Large and Medium
Municipal Separate Storm Sewer Systems
Delaware
New Castle County

District of Columbia
District of Columbia
Florida
Broward, Dade, Duval, Escambia,
Ilillsborough. Orange, Palm Beach,
Pinellas, Polk. and Sarasota Counties, and
all incorporated municipalities, the Florida
Department of Transportation, and Chapter
298 Special Districts within these counties
where such entities own or operate, in
whole or in part, a municipal separate
storm sewer system.
New York
Buffalo. Bronx Borough, Brooklyn Borough
Manhattan Borough, Queens Borough,
Staten Island Borough
BILLING CODE 6560-50-M


44466







Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices 44467

Appendix C-Notice of Intent and Instructions

See Reverse for Instructions Form Approved. ou No.ao
Approvem ewp e: sJ-a-e
United States Environmental Protection Agency
NPDES Washington. DC 20460
FORM 31 PP Notice of Intent (NOI) for Storm Water Discharges Associated with Industrial
I 18V E *Activity Under the NPDES General Permit
Submission of this Notice of Intent constitutes notice that the party identified in Section I of this form intends to be authorized by a NPDES permit issued for storm
water discharges associated with industrial activity in the State identified in Section II of this form. Becoming a permitnee obligates such discharger to comply with
the terms and conditions of the permit. ALL NECESSARY INFORMATION MUST BE PROVIDED ON THIS FORM.

I. Facility Operator Information

Name: I iii .i i1.1 i I i i i. I Phone:l 1 I I i i I

Status of
Address: Il I I II t i I I I i I I I I i i I I Owner/Operator:


City: I I I I I I I i I I i I State: IL. ZIP Code: I i i i I


II. Facility/Site Location Information

Is the Facility Located on
Name: I I I t I I I I r l I I I A I f i I I I I I i I I i Indian Lands? (Y orN)

Address: I I f a I I I I I I I I i i i ia I

City: I I t I i i i i i i i I State: IL I. ZIPCode:l 1 1 i i i I I

Latitude: I ,I I I I I Longitude: I I i I I quarter: Section: L Township: L i I Range: l : I I

III. Site Activity Information

MS4OperatorName: I I 1 l I I Ia II I I I I I I I ,I I I

ReceivingWater Body: I I t i i I I I I I 1 i I . I

If You are Filing as a Co-permittee, Are There Existin Is the Facility Required to Submit
Enter Storm Water General Permit Number: I . I Quantitative Data? (Y or N) I Monitoring Data? (1. 2. or 3) I

SIC or Designated
Activity Code: Primary: I I 2nd: I l I 3rd: I 4th: I I I

If This Facility s a Member of a Group
Applcation. Enter Group Application N ber: I
If You Have Other Existing NPDES I I I
Permits, Enter Permt Numbers: I I I i i I I ,., ,

IV. Additional Information Required for Construction Activities Only
Project Completion
Start Date: Date: Is the Storm Water Pollution Prevention Plan
Estimated Area to be in Compliance with State and/or Local
I I I I I I I I I Disturbed (in Acres): I I Sediment and Erosion Plans? (Y or N)

V. Certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision In accordance with a
system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who
manage the system, or thosepersons directly responsible for gathering the Information, the information submitted is, to the best of my knowledge and belief, tue,
accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for
knowing violations.
Print Name: Date:
I I I I I I I I I I I I I I t I I I I I I I i


Signature:
EPA Form 3510-6 (8-92)







Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


Instructions EPA Form 35104
Notice Of Intent (NOI) For Storm Water Discharges Associted With Industrial Activity
To Be Covered Under The NPES General Permit


Who Must File A Notice Of Intent (NOD Form

Federal law at 40 CFR Par 122 prohibits point source discharges of storm water
associated with industrial activity to a water body(ies) of the U.S. without a National
Pollutant Discharge Elimination System (NPOES) permit. The operator of an Industrial
activity that has such a storm water discharge must submit a NOI to obtain coverage
under theNPDES Storm Water General Peamil. If you have questions about whether
you need a permit under the NPDES Storm Water program, or if you need information
as to whether a particular program is administered by EPA or a state agency, contact
the Storm Water Hotline at (703) 821-4823

Where To File NOI Form

NOIs must be sent to the following address:

Storm Water Notice of ;ntent
PO Box 1215
Newirgton, VA 22122

Completing The Form

You must type or print, using upper-case letters, in the appropriate areas only. Please
place each character between the marks. ADreviate if necessary to stay within the
number of characters allowed for each item. Use one space for breaks between words.
but not for punctuation marks unless they are needed to clarify your response. If you
have any questions on this form. call the Starm Water Hotline at (703) 821 4823

S Sction I Facility Operator Information

Give the legal name of the person. firm, public organization, or any other entity that
operates the facility or site described in this application. The name of the operator may
or may not be the same as the name of the facility. The responsible party is the legal
entity that controls the facility's operation, rather than the plant or site manager. Do not
use a colloquial name. Enter the complete address and telephone number of the
operator.

Enter the appropriate letter to indicate the legal status of the operator of the facility.

F Federal M Public (other than federal or state)
S State P Private

Section II Faclfity/Slte Locallon Information

Enter the facility's or site's official or legal name and complete street address, including
city. state, and ZIP code. If the facility or site lacks a street address, indicate the state.
the latitude and longitude of the facility to the nearest 15 seconds, or the quarter.
section, township, and range (to the nearest quarter section) of the approximate center
of the site.

Indicate whether the facility is located on Indian land.

Section II Site Activity Informatlon

If the storm water discharges to a municipal separate storm sewer system (MS4), enter
the name of the operator of the MS4 (e.g.. municipality name. county name) and the
receiving water of the discharge from the MS4. (A MS4 is defined as a conveyance
or system of conveyances (including roads with drainage systems, municipal streets,
catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is
owned or operated by a state, city. town, borough, county, parish, district, association,
or other public body which is designed or used for collecting or conveying storm water.)

If the facility discharges storm water directly to receiving water(s), enter the name of the
receiving water.

If you are filing as a co-permittee and a storm water general permit number has been
issued, enter that number in the space provided.

Indicate whether or not the owner or operator of the facility has existing quantitative
data that represent the characteristics and concentration of pollutants in storm water
discharges.

Indicate whether the facility is required to submit monitoring data by entering one of the
following:

1 Not required to submit monitoring data;
2 Required to submit monitoring data;
3 Not required to submit monitoring data: submitting certification for monitoring
exclusion .


Those facilities that must submit monitoring data (e.g.. choice 2) are: Section 313
EPCRA facilities; primary metal industries; land disposal unitsincineratorsa8l's; wood
treatment facilities; facilities with coal pile runoff; and, battery reclaimers.

List, in descending order of significance, up to four 4-digit standard Industrial
classification (SIC) codes that best describe the principal products or services provided
at the facility or site identified In Section II of this application.

For industrial activities defined In 40 CFR 122.26(b)(14)(l)-(xi) that do not have SIC
codes that accurately describe the principal products produced or services provided, the
following 2-character codes are to be used:

HZ Hazardous waste treatment, storage, or disposal facilities, Including those that
are operating under Interim status or a permit under subtitle C of RCRA (40
CFR 122.26 (b)(14)(iv);
LF Landfills, land application sites, and open dumps that receive or have received
any industrial wastes, including those that are subject to regulation under
subtitle Dof RCRA [40 CFR 122.26 (b)(1 4)(v)];
SE = Steam electric power generating facilities, including coal handling sites [40 CFR
122.26 (b)(14)(vii)l:
TW Treatment works treating domestic sewage or any other sewage sludge or
wastewater treatment device or system, used in the storage, treatment.
recycling, and reclamation of municipal or domestic sewage [40 CFR 12.26
(b)(14)(ix)): or.
CO Conbtrucfon activities [40 CFA 122.26 (b)(14)(x)].

If the facility listed in Section II has participated in Part 1 of an approved storm water
group application and a group number has been assigned, enter the group application
number in the space provided.

It there are other NPDES permits presently Issued for the facility or site listed in Section
II, list the permit numbers. If an application for the facility has been submitted but no
permit number has been assigned, enter the application number.

Section IV Additional Information Required for Construction Activities Only

Construction activities must complete Section IV in addition to Sections I through III.
Only construction activtles need to complete Section IV.

Enter the project start date and the estimated completion date for the entire
development plan.

Provide an estimate of the total number of acres of the site on which soil will be
disturbed (round to the rarest acre).

Indicate whether the storm water pollution prevent on plan for the site Is in compliance
with approved state and/or local sediment and erosion plans, permits, or storm water
management plans.

Section V Certification

Federal statutes provide for severe penalties for submitting false information n this
application form. Federal regulations require this application to be signed as follows:

For a rorporaion: by a responsible corporate officer, which means: (i) president.
secretary, treasurer, or vice-president of the corporation in charge of a principal
business function, or any other person who performs similar policy or decision making
functions, or (ii) the manager of one or more manufacturing production, or operating
facilities employing more than 250 persons or having gross annual sales or expenditures
exceeding $25 million (in sebond-quarter 1980 dollars), if authority to sign documents
has been assigned or delegated to the manager in accordance with corporate
procedures;

For a partnership or sole proprietorship: by a general partner or the proprietor; or

For a municipality, slate, Federal, or other public facility: by either a principal executive
officer or ranking elected official.

Paperwork Reduction Act Notice

Public reporting burden for this application is estimated to average 0.5 hours per
application, including time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection
of information. Send comments regarding the burden estimate, any other aspect of the
collection of Information, or suggestions for improving this form. Including any
suggestions which may increase or reduce this burden to: Chief, Information Policy
Branch, PM-223. U.S. Environmental Protection Agency. 401 M Street, SW.
Washington, DC 20460, or Director, Office of Information and Regulatory Affairs, Office
of Management and Budget. Washington. DC 20503.


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Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


44469


Appendix D-Notice of Termination and Instructions

Form Approved. oue No. e o-oes
Please See Instructions Before Completing This Form Appo~vl eprw: 1-5
United States Environmental Protection Agency
NPDES Washington, DC 20460
FORM Notice of Termination (NOT) of Coverage Under the NPDES General Permit
SV E for Storm Water Discharges Associated with Industrial Activity

Submission of this Notice of Termination constitutes notice that the party identified in Section II of this form Is no longer authorized to discharge storm water
associated with industrial activity under the NPDES program. ALL NECESSARY INFORMATION MUST BE PROVIDED ON THIS FORM.

I. Permit Information

NPDES Storm Water Check Here if You are No Longer Check Here If the Storm Water F
General Permit Number: I i I I the Operator of the Facility: Discharge is Being Terminated:


II. Facility Operator Information

Name: I I i i .................. II Phone: I Ii I I


Address:l I I I i I I I I I I i I


City: I I I I I I I I I I I 1 I State: II ZIP Code: I I i I I i I


III. Facility/Site Location Information

Name: I l i i i I i i I i I i I a t i i I


Address: I-I I I i i I I 1 I f 1 I


fi*C I


Irllltrlllllll
I t I I I State: 1 1

i 1 i I State: i-I


ZIPCode: I I i i i II


Latitude: I I I I Longitude: I l I I I quarter: I Section: I Township: I I Range: I I


IV. Certification: I certify under penalty of law that all storm water discharges associated with Industrial activity from the identified facility that are authorized by a
NPDES general permit have been eliminated or that I am no longer the operator of the facility or construction site. I understand that by submitting this Notice of
Termination, I am no longer authorized to discharge storm water associated with Industrial activity under this general permit, and that discharging pollutants in
storm water associated with Industrial activity to waters of the United States is unlawful under the Clean Water Act where the discharge is not authorized by a
NPDES permit. I also understand that the submittal of this Notice of Termination does not release an operator from liability for any violations of this permit or the
Clean Water Act.

PrintName: I i a i,,, .i i i i i ti I II Date: I


Signature:


Instructions for Completing Notice of Termination (NOT) Form


Who May File Notice of Termination (NOT) Form
Permittees who are presently covered under the EPA issued National Pollutant
Discharge Elimination System (NPDES) General Permit for Storm Water
Dicharges Associated with Industrial Activity may submit a Notice of Termination
(NOT) form when their facilities no longer have any storm water discharges
associated with Industrial activity as defined In the storm water regulations at 40
CFR 122.26 (b)(14), or when they are no longer the operator of the facilities.
For construction activities, elimination of all storm water discharges associated
with Industrial activity occurs when disturbed soils at the construction site have
been finally stabilized and temporary erosion and sediment control measures
have been removed or will be removed at an appropriate time, or that all storm
water discharges associated with Industrial activity from the construction site that
are authorized by a NPDES general permit have otherwise been eliminated.
Final stabilization means that all sol-disturbing activities at the site have been
completed, and that a uniform perennial vegetative cover with a density of 70% of
the cover for unpaved areas and areas not covered by permanent structures has
been established, or equivalent permanent stabilization measures (such as the
use of riprap, gablona, or geotextxles) have been employed.


Where to File NOT Form
Send this form to the the following address:
Storm Water Notice of Termination
P.O. Box 1185
Newington. VA 22122

Completing the Form
Type or print, using upper-case letters, In the appropriate areas only. Please
place each character between the marks. Abbreviate if necessary to stay within
the number of characters allowed for each Item. Use only one space for breaks
between words, but not for punctuation marks unless they are needed to darify
your response. If you have any questions about this form, call the Storm Water
Hotlne at (703) 821-4823.

PLEASE SEE REVERSE OF THIS FORM FOR FURTHER INSTRUCTIONS


EPA Form 3510-7 (8-92)


I I I


, ,.


lye


s i s t r r








I Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


Instructions EPA Form 3S10T-
Notice of Termination (NOT) of Coverage Under The NPDES General Permit
for Storm Water Discharges Associated With industrial Activity


Section I Permit Information

Enter the existing NPDES Storm Water General Permit number assigned to the
facility or site identified In Section II1: If you do not know the permit number,
contact the Storm Water Hotline-a (703) *21-4823.

Indicate your reason for submitting this Notice of Termination by checking the
appropriate box:

If there has been a change of operator and you are no longer the operator
of the facility or site identified in Section III. check the corresponding box.
A
If all storm water discharges at the facility or site identified in Section III havebeen,
terminated, check the corresponding box.

Sectlonlln Facility Operator Information

Give the legal name of the person, firm, public organization, or any other entity that
operates the facility or site described in this application. The name of the operator
may or may not be the same name as the facility. The operator of the facility is
the lega entity which controls the facility's operation, rather than the plant or site
manager. Do not use a colloquial name. Enter the complete address and
telephone number of the operator.

Section Ill Facility/Site Location Information

Enter the facility's or site's official or legal name and complete address. including
city. stats and ZIP code. If the facility lacks a street address, indicate the state.
the latitude and longitude of the facility to the nearest 15 seconds, or the quarter.
section, township, and range (to the nearest quarter section) of the approximate
center of the site.


Section IV Certiflcatlon

Federal statutes provide for severe penalties for submitting false information on
this application form. Federal regulations require this application to be signed as
follows:

For a corporation: by aresponible corporate officerwhich means: (), president,
secretary, treasurer, or vice-president of the corporation In charge of a principal
business function, or any other person who performs similar policy or decision
making functions, or (ii) the manager of one or more manufacturing production.
or operating facilities employing more than 250 persons or having grss annual
sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if
authority to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures;

For a partnership or sole proprietorshp: by a general partner or the proprietor; or

For a municipaiy, State. Federal. or other public ladcily: by either a principal
executive officer or ranking elected official.

Paperwork Reduction Act Notice

Public reporting burden for this application is estimated to average 0.5 hours per
application including time for reviewing instructions. searching existing data
sources, gathering and maintaining the data needed, and. completing, and
reviewing the collection of information. Send comments regarding the burden
estimate, any other aspect of the collection of information, or suggestions for
improving this form. Induding any suggestions which may increase or reduce this
burden to: Chief. Information Policy Branch1 PM,223, U.S. Environmental
Protection Agency. 401 M Street. SW. Washington, DC 20460. or Director. Office
of Information and Regulatory Affairs. Office of Management and Budget.
Washington. DC 20503.


[FR Doc. 92-23320 Filed 9-24-92; 8:45 am]
BILLING CODE 6560-50-C


44470




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