Ohio Valley Environmental Coal v. Fola Coal Company, LLC
Filing
OPINION ATTACHMENT. [16-1024]
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Multi-Sector General Permit (MSGP)
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA)
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
MULTI-SECTOR GENERAL PERMIT FOR STORMWATER DISCHARGES
ASSOCIATED WITH INDUSTRIAL ACTIVITY (MSGP)
In compliance with the provisions of the Clean Water Act (CWA), as amended (33
U.S.C. 1251 et seq.), operators of stormwater discharges associated with industrial activity
located in an area identified in Appendix C where EPA is the permitting authority are
authorized to discharge to waters of the United States in accordance with the eligibility and
Notice of Intent (NOI) requirements, effluent limitations, inspection requirements, and other
conditions set forth in this permit. This permit is structured as follows:
•
General requirements that apply to all facilities are found in Parts 1 through 7;
•
Industry sector-specific requirements are found in Part 8; and
•
Specific requirements that apply in individual states and Indian country are
found in Part 9.
The Appendices (A through P) contain additional permit conditions that apply to all
operators covered under this permit.
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9the State of Washington
This permit becomes effective on June 4, 2015. For areas in
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(except for Indian country) subject to industrial activity by a 12
Federal Operator, this permit
becomes effective on July 21, 2015. For the State of Idaho (except for Indian country), and for
ed becomes effective August 12,
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industrial activities on Spokane Tribe of Indians lands, this permit
2015.
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24, to discharge shall expire at midnight, June 4, 2020.
0
This permit and the authorization
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Signed and issued this 4th day of June, 2015
Signed and issued this 4th day of June, 2015
Deborah Szaro
Acting Regional Administrator, EPA Region 1
Karen Flournoy
Director, Water, Wetlands, and Pesticides Division, EPA
Region 7
Signed and issued this 4th day of June, 2015
Signed and issued this 4th day of June, 2015
José C. Font
Director, Caribbean Environmental Protection Division,
EPA Region 2
Darcy O’Connor
Acting Assistant Regional Administrator, EPA Region 8
Signed and issued this 4th day of June, 2015
Signed and issued this 4th day of June, 2015
Jon. M Capacasa
Water Protection Division, EPA Region 3
Nancy Woo
Acting Director, Water Division, EPA Region 9
Signed and issued this 4th day of June, 2015
Signed and issued this 4th day of June, 21st day of July,
and 12th day of August, 2015
Tinka G. Hyde
Director, Water Division, EPA Region 5
Daniel D. Opalski
Director, Office of Water and Watersheds, EPA Region 10
Signed and issued this 4th day of June, 2015
William K. Honker
Director, Water Quality Protection Division, EPA Region 6
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Multi-Sector General Permit (MSGP)
NPDES MULTI-SECTOR GENERAL PERMIT FOR STORMWATER
DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY
TABLE OF CONTENTS
1.
Coverage Under this Permit. ......................................................................................................... 1
1.1
Eligibility. ......................................................................................................................................... 1
Facilities Covered. ........................................................................................................................ 1
1.1.1
Allowable Stormwater Discharges. ........................................................................................... 1
1.1.2
Stormwater discharges associated with industrial activity for any primary
1.1.2.1
industrial activities and co-located industrial activities, as defined in Appendix
A, except for any stormwater discharges specifically prohibited in Part 8; .............. 1
Discharges designated by EPA as needing a stormwater permit as provided in
1.1.2.2
Sector AD; .......................................................................................................................... 1
Discharges that are not otherwise required to obtain NPDES permit
1.1.2.3
authorization but are mixed with discharges that are authorized under this
permit; and ........................................................................................................................ 1
Stormwater discharges from facilities subject to any of the national
1.1.2.4
stormwater-specific effluent limitations guidelines listed in Table 1-1. ...................... 1
Allowable Non-Stormwater Discharges. .................................................................................. 2
1.1.3
Allowable Non-Stormwater Discharges for all Sectors of Industrial Activity: ............ 2
1.1.3.1
Additional Allowable Non-Stormwater Discharge for Sector A: ................................. 3
1.1.3.2
Additional Allowable Non-Stormwater Discharges for Earth-Disturbing
1.1.3.3
Activities Conducted Prior to Active Mining Activities for Sectors G, H and J: ......... 3
Limitations on Coverage. ............................................................................................................ 3
1.1.4
For Discharges Mixed with Non-Stormwater. ................................................................ 3
1.1.4.1
For Stormwater Discharges Associated with Construction Activity. ........................... 3
1.1.4.2
For Discharges Currently or Previously Covered by Another Permit. ......................... 4
1.1.4.3
For Stormwater Discharges Subject to Effluent Limitations Guidelines. ...................... 4
1.1.4.4
Endangered and Threatened Species and Critical Habitat Protection. .................... 4
1.1.4.5
Historic Properties Preservation. ...................................................................................... 6
1.1.4.6
Eligibility for New Dischargers and New Sources: Based on Water Quality
1.1.4.7
Standards. .......................................................................................................................... 6
Eligibility for New Dischargers and New Sources to Water-Quality Impaired
1.1.4.8
Waters................................................................................................................................. 7
Eligibility for New Dischargers and New Sources to Waters with High Water
1.1.4.9
Quality. ............................................................................................................................... 8
For Discharges to a Federal CERCLA Site. ...................................................................... 8
1.1.4.10
Authorization Under this Permit. ................................................................................................... 9
1.2
How to Obtain Authorization. ..................................................................................................... 9
1.2.1
Submitting Your NOI. ........................................................................................................ 9
1.2.1.1
How to Submit Your NOI. .................................................................................................. 9
1.2.1.2
Deadlines for Submitting Your NOI and Your Official Date of Permit Coverage. ...... 9
1.2.1.3
Continuation of Coverage for Existing Permittees After the Permit Expires. ................... 11
1.2.2
Coverage Under Alternative Permits. ..................................................................................... 11
1.2.3
Denial of Coverage for New or Previously Unpermitted Facilities. ........................... 11
1.2.3.1
Loss of Authorization Under the 2015 MSGP for Existing Permitted Facilities. .......... 11
1.2.3.2
Operator Requesting Coverage Under an Alternative Permit. ................................. 12
1.2.3.3
Terminating Coverage. ............................................................................................................... 12
1.3
Submitting a Notice of Termination (NOT). ............................................................................ 12
1.3.1
How to Submit Your NOT. .......................................................................................................... 12
1.3.2
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Multi-Sector General Permit (MSGP)
1.3.3
When to Submit Your NOT. ........................................................................................................ 12
1.4
Conditional Exclusion for No Exposure. .................................................................................... 12
Permit Compliance. ..................................................................................................................... 13
1.5
Severability. .................................................................................................................................. 13
1.6
Control Measures and Effluent Limits. ........................................................................................ 14
2.
Control Measures. ........................................................................................................................ 14
2.1
Control Measure Selection and Design Considerations. .................................................... 14
2.1.1
Non-Numeric Technology-Based Effluent Limits (BPT/BAT/BCT)......................................... 15
2.1.2
Minimize Exposure. ......................................................................................................... 15
2.1.2.1
Good Housekeeping. ..................................................................................................... 15
2.1.2.2
Maintenance. .................................................................................................................. 16
2.1.2.3
Spill Prevention and Response. ..................................................................................... 17
2.1.2.4
Erosion and Sediment Controls. .................................................................................... 17
2.1.2.5
Management of Runoff. ................................................................................................. 18
2.1.2.6
Salt Storage Piles or Piles Containing Salt. ................................................................... 18
2.1.2.7
Employee Training. ......................................................................................................... 18
2.1.2.8
Non-Stormwater Discharges.......................................................................................... 19
2.1.2.9
Dust Generation and Vehicle Tracking of Industrial Materials. ................................. 19
2.1.2.10
Numeric Effluent Limitations Based on Effluent Limitations Guidelines............................. 19
2.1.3
Water Quality-Based Effluent Limitations. ................................................................................. 20
2.2
Water Quality Standards. .......................................................................................................... 20
2.2.1
Discharges to Water Quality-Impaired Waters. .................................................................... 20
2.2.2
Existing Discharge to an Impaired Water with an EPA-Approved or Established
2.2.2.1
TMDL. ................................................................................................................................ 20
Existing Discharger to an Impaired Water without an EPA-Approved or
2.2.2.2
Established TMDL. ............................................................................................................ 20
New Discharger or New Source to an Impaired Water. ............................................. 21
2.2.2.3
2.2.3
Tier 2 Antidegradation Requirements for New Dischargers, New Sources, or Increased
Discharges. ................................................................................................................................... 21
Requirements Relating to Endangered Species, Historic Properties, and Federal CERCLA
2.3
Sites................................................................................................................................... 21
Inspections.................................................................................................................................... 22
3.
Routine Facility Inspections. ....................................................................................................... 22
3.1
Exceptions to Routine Facility Inspections for Inactive and Unstaffed Sites.................... 22
3.1.1
Routine Facility Inspection Documentation. ......................................................................... 23
3.1.2
Quarterly Visual Assessment of Stormwater Discharges. ........................................................ 24
3.2
Quarterly Visual Assessment Procedures................................................................................ 24
3.2.1
Quarterly Visual Assessment Documentation. ...................................................................... 24
3.2.2
Exceptions to Quarterly Visual Assessments. ......................................................................... 25
3.2.3
Corrective Actions. ...................................................................................................................... 27
4.
Conditions Requiring SWPPP Review and Revision to Ensure Effluent Limits are Met. .......... 27
4.1
Conditions Requiring SWPPP Review to Determine if Modifications Are Necessary. ........... 27
4.2
Corrective Actions and Deadlines. ........................................................................................... 28
4.3
Immediate Actions. .................................................................................................................... 28
4.3.1
Subsequent Actions. .................................................................................................................. 28
4.3.2
Corrective Action Documentation. ........................................................................................... 28
4.4
Effect of Corrective Action.......................................................................................................... 29
4.5
Substantially Identical Outfalls. .................................................................................................. 29
4.6
Stormwater Pollution Prevention Plan (SWPPP). ........................................................................ 30
5.
Person(s) Responsible for SWPPP Preparation. ......................................................................... 30
5.1
Contents of Your SWPPP. ............................................................................................................. 30
5.2
Stormwater Pollution Prevention Team................................................................................... 31
5.2.1
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Multi-Sector General Permit (MSGP)
5.2.2
5.2.3
5.2.3.1
5.2.3.2
5.2.3.3
5.2.3.4
5.2.3.5
5.2.3.6
5.2.4
5.2.5
5.2.5.1
5.2.5.2
5.2.5.3
5.2.6
5.2.6.1
5.2.6.2
5.2.7
5.3
5.4
5.4.1
5.4.2
5.5
6.
6.1
6.1.1
6.1.2
6.1.3
6.1.4
6.1.5
6.1.6
6.1.7
6.1.8
6.1.9
6.2
6.2.1
6.2.1.1
6.2.1.2
6.2.1.3
6.2.2
6.2.2.1
6.2.2.2
6.2.2.3
6.2.3
6.2.3.1
6.2.3.2
6.2.4
6.2.4.1
6.2.4.2
6.2.5
7.
Site Description. ........................................................................................................................... 31
Summary of Potential Pollutant Sources. ............................................................................... 32
Activities in the Area. ..................................................................................................... 32
Pollutants. ......................................................................................................................... 32
Spills and Leaks. .............................................................................................................. 32
Unauthorized Non-Stormwater Discharges.................................................................. 32
Salt Storage...................................................................................................................... 33
Sampling Data................................................................................................................. 33
Description of Control Measures to Meet Technology-Based and Water Quality-Based
Effluent Limits................................................................................................................................ 33
Schedules and Procedures. ...................................................................................................... 34
Pertaining to Control Measures Used to Comply with the Effluent Limits in Part 2. . 34
Pertaining to Inspections and Assessments. ................................................................ 34
Pertaining to Monitoring. ................................................................................................ 35
Documentation to Support Eligibility Considerations Under Other Federal Laws. ......... 36
Documentation Regarding Endangered and Threatened Species and Critical
Habitat Protection. .......................................................................................................... 36
Documentation Regarding Historic Properties. ........................................................... 36
Signature Requirements. ........................................................................................................... 36
Required SWPPP Modifications. .................................................................................................. 36
SWPPP Availability. ....................................................................................................................... 36
SWPPP Posting on the Internet. ................................................................................................ 36
SWPPP Information Provided on NOI Form. ........................................................................... 37
Additional Documentation Requirements. ............................................................................... 37
Monitoring. .................................................................................................................................... 39
Monitoring Procedures. ............................................................................................................... 39
Monitored Outfalls. ..................................................................................................................... 39
Commingled Discharges........................................................................................................... 39
Measurable Storm Events. ......................................................................................................... 39
Sample Type. ............................................................................................................................... 39
Adverse Weather Conditions. .................................................................................................. 39
Climates with Irregular Stormwater Runoff. ........................................................................... 40
Monitoring Periods. ..................................................................................................................... 40
Monitoring for Allowable Non-Stormwater Discharges. ...................................................... 40
Monitoring Reports ..................................................................................................................... 40
Required Monitoring. ................................................................................................................... 40
Benchmark Monitoring. ............................................................................................................. 41
Applicability of Benchmark Monitoring. ...................................................................... 41
Benchmark Monitoring Schedule. ................................................................................ 41
Exception for Inactive and Unstaffed Sites. ................................................................. 43
Effluent Limitations Monitoring.................................................................................................. 43
Monitoring Based on Effluent Limitations Guidelines. ................................................. 43
Substantially Identical Outfalls. ..................................................................................... 44
Follow-up Actions if Discharge Exceeds Numeric Effluent Limitation. ..................... 44
State or Tribal Monitoring Provisions. ....................................................................................... 44
Sectors Required to Conduct State or Tribal Monitoring. ........................................... 44
State or Tribal Monitoring Schedule. ............................................................................. 44
Discharges to Impaired Waters Monitoring. .......................................................................... 45
Permittees Required to Monitor Discharges to Impaired Waters. ............................. 45
Exception for Inactive and Unstaffed Sites. ................................................................. 46
Additional Monitoring Required by EPA. ................................................................................ 46
Reporting and Recordkeeping. ................................................................................................. 47
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Multi-Sector General Permit (MSGP)
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
7.9.1
7.9.1.1
Electronic Reporting Requirement. ............................................................................................ 47
Submitting Information to EPA. ................................................................................................... 47
Additional SWPPP Information Required in Your NOI. .............................................................. 48
Reporting Monitoring Data to EPA. ............................................................................................ 48
Annual Report............................................................................................................................... 49
Exceedance Report for Numeric Effluent Limitations. ............................................................. 50
Additional Reporting.................................................................................................................... 50
Recordkeeping. ........................................................................................................................... 51
Addresses for Reports. ................................................................................................................. 51
EPA Addresses. ............................................................................................................................ 51
Region 1: Connecticut, Massachusetts, and New Hampshire, Rhode Island,
Vermont. .......................................................................................................................... 51
Region 2: New Jersey, New York, Puerto Rico, and Virgin Islands. .......................... 51
7.9.1.2
Region 3: Delaware, District of Columbia, Maryland, Pennsylvania, Virginia,
7.9.1.3
West Virginia. ................................................................................................................... 52
Region 4: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina,
7.9.1.4
South Carolina, Tennessee. ........................................................................................... 52
Region 5: Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin. .......................... 52
7.9.1.5
Region 6: Arkansas, Louisiana, Oklahoma, Texas, and New Mexico (except
7.9.1.6
see Region 9 for Navajo lands, and see Region 8 for Ute Mountain Reservation
lands)................................................................................................................................ 52
Region 7: Iowa, Kansas, Missouri, Nebraska. .............................................................. 52
7.9.1.7
Region 8: Colorado, Montana, North Dakota, South Dakota, Wyoming, Utah
7.9.1.8
(except see Region 9 for Goshute Reservation and Navajo Reservation lands),
the Ute Mountain Reservation in New Mexico, and the Pine Ridge Reservation
in Nebraska. .................................................................................................................... 52
Region 9: Arizona, California, Hawaii, Nevada, Guam, American Samoa, the
7.9.1.9
Commonwealth of the Northern Mariana Islands, the Goshute Reservation in
Utah and Nevada, the Navajo Reservation in Utah, New Mexico, and Arizona,
the Duck Valley Reservation in Idaho, Fort McDermitt Reservation in Oregon....... 52
Region 10: Alaska, Idaho, Oregon (except see Region 9 for Fort McDermitt
7.9.1.10
Reservation), Washington. ............................................................................................. 53
State and Tribal Addresses. ....................................................................................................... 53
7.9.2
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8.
8A.
8B.
8C.
8D.
8E.
8F.
8G.
8H.
8I.
8J.
8K.
8L.
8M.
8N.
8O.
8P.
8Q.
8R.
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Sector Specific Requirements .................................................................................................... 54
Sector A: Timber Products ........................................................................................................... 54
Sector B: Paper and Allied Products .......................................................................................... 57
Sector C: Chemicals and Allied Products Manufacturing ...................................................... 58
Sector D: Asphalt Paving and Roofing Materials and Lubricant Manufacturing .................. 61
Sector E: Glass, Clay, Cement, Concrete, and Gypsum Products ........................................ 63
Sector F: Primary Metals .............................................................................................................. 65
Sector G: Metal Mining (Ore Mining and Dressing) ................................................................. 68
Sector H: Coal Mines and Coal Mining-Related Facilities ...................................................... 86
Sector I: Oil and Gas Extraction and Refining .......................................................................... 99
Sector J: Mineral Mining and Dressing .................................................................................... 101
Sector K: Hazardous Waste Treatment, Storage, or Disposal Facilities ................................ 115
Sector L: Landfills, Land Application Sites, and Open Dumps .............................................. 119
Sector M: Automobile Salvage Yards ..................................................................................... 123
Sector N: Scrap Recycling Facilities ........................................................................................ 125
Sector O: Steam Electric Generating Facilities ...................................................................... 131
Sector P: Land Transportation and Warehousing ................................................................... 135
Sector Q: Water Transportation ................................................................................................ 138
Sector R: Ship and Boat Building and Repairing Yards.......................................................... 141
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Multi-Sector General Permit (MSGP)
8S.
8T.
8U.
8V.
Sector S: Air Transportation Facilities ....................................................................................... 144
Sector T: Treatment Works ......................................................................................................... 151
Sector U: Food and Kindred Products...................................................................................... 153
Sector V: Textile Mills, Apparel, and Other Fabric Product Manufacturing; Leather and
Leather Products ........................................................................................................... 155
8W.
Sector W: Furniture and Fixtures ............................................................................................... 157
8X.
Sector X: Printing and Publishing.............................................................................................. 158
8Y.
Sector Y: Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing
Industries ........................................................................................................................ 160
8Z.
Sector Z: Leather Tanning and Finishing .................................................................................. 162
8AA. Sector AA: Fabricated Metal Products .................................................................................... 164
8AB. Sector AB: Transportation Equipment, Industrial or Commercial Machinery ..................... 167
8AC. Sector AC: Electronic, Electrical, Photographic, and Optical Goods ................................. 168
8AD.
Sector AD: Non-Classified Facilities ……………………………………………………………….169
9.
State/Tribal Specific Requirements .......................................................................................... 170
Appendix A Definitions and Acronyms ............................................................................................ A-1
Appendix B
Standard Permit Conditions ..........................................................................................B-1
Appendix C Areas Covered .............................................................................................................. C-1
Appendix D Activities Covered ........................................................................................................ D-1
Appendix E
Procedures relating to Endangered Species.............................................................. E-1
Appendix F
National Historic Preservation Act Procedures........................................................... F-1
Appendix G Notice of Intent..............................................................................................................G-1
Appendix H Notice of Termination ................................................................................................... H-1
Appendix I
Annual Reporting Form .................................................................................................. I-1
Appendix J
Calculating Hardness in Receiving Waters for Hardness Dependent Metals ......... J-1
Appendix K
No Exposure Certification ............................................................................................ K-1
Appendix L
List of Tier 3, Tier 2, and Tier 2.5 Waters ........................................................................ L-1
Appendix M Discharge Monitoring Report (DMR) Form ................................................................ M-1
Appendix N List of SIC and NAICS Codes........................................................................................ N-1
Appendix O Summary of Permit Reports and Submittals ...............................................................O-1
Appendix P
List of Federal CERCLA Sites .......................................................................................... P-1
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Multi-Sector General Permit (MSGP)
1.
Coverage Under this Permit.
1.1
Eligibility.
1.1.1
Facilities Covered.
To be eligible to discharge under this permit, you must (1) have an allowable
stormwater discharge or an allowable non-stormwater discharge associated with industrial
activity from your primary industrial activity, as defined in Appendix A, provided your primary
industrial activity is included in Appendix D, or (2) be notified by EPA that you are eligible for
coverage under Sector AD of this permit. Your facility must also be located in an area where
EPA is the permitting authority (see Appendix C).
1.1.2
Allowable Stormwater Discharges.
Unless otherwise made ineligible under Part 1.1.4, the following discharges are
eligible for coverage under this permit:
1.1.2.1
Stormwater discharges associated with industrial activity for any primary industrial
activities and co-located industrial activities, as defined in Appendix A, except for
any stormwater discharges specifically prohibited in Part 8;
1.1.2.2
Discharges designated by EPA as needing a stormwater permit as provided in
Sector AD;
1.1.2.3
Discharges that are not otherwise required to obtain NPDES permit authorization but
are mixed with discharges that are authorized under this permit; and
1.1.2.4
Stormwater discharges from facilities subject to any of the national stormwaterspecific effluent limitations guidelines listed in Table 1-1.
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Table 1-1. Stormwater-Specific Effluent Limitations Guidelines
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Regulated Discharge
40 CFR
Section
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MSGP
Sector
New Source Performance
Standard (NSPS)
New Source
Date
Discharges resulting from spray down or
intentional wetting of logs at wet deck storage
areas
Runoff from phosphate fertilizer
manufacturing facilities that comes into
contact with any raw materials, finished
product, by-products or waste products (SIC
2874)
Part 429,
Subpart I
A
Yes
1/26/81
Part 418,
Subpart A
C
Yes
4/8/74
Runoff from asphalt emulsion facilities
Part 443,
Subpart A
D
Yes
7/28/75
Runoff from material storage piles at cement
manufacturing facilities
Mine dewatering discharges at crushed
stone, construction sand and gravel, or
industrial sand mining facilities
Runoff from hazardous waste and nonhazardous waste landfills
Part 411,
Subpart C
Part 436,
Subparts B,
C, and D
Part 445,
Subparts A
and B
Part 423
E
Yes
2/20/74
J
No
N/A
K, L
Yes
2/2/00
O
Yes
11/19/82
(10/8/74) 1
Runoff from coal storage piles at steam
electric generating facilities
1 NSPS promulgated in 1974 were not removed via the 1982 regulation; therefore wastewaters generated by Part 423applicable sources that were New Sources under the 1974 regulations are subject to the 1974 NSPS.
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Multi-Sector General Permit (MSGP)
40 CFR
Section
Regulated Discharge
Runoff containing urea from airfield
pavement deicing at existing and new
primary airports with 1,000 or more annual
non-propeller aircraft departures
1.1.3
Part 449
MSGP
Sector
New Source Performance
Standard (NSPS)
New Source
Date
S
Yes
6/15/12
Allowable Non-Stormwater Discharges.
Below in Part 1.1.3.1 are the only non-stormwater discharges authorized under this
permit for all sectors provided that all discharges comply with the effluent limits set forth in Parts
2 and 8. In addition to the authorized non-stormwater discharges in Part 1.1.3.1 applicable to
all sectors, for Sector A, there is an additional non-stormwater discharge in Part 1.1.3.2 below,
and for the mining sectors (Sectors G, H, and J), there are additional authorized nonstormwater discharges in Part 1.1.3.3 below. The additional allowable non-stormwater
discharges for Sectors G, H, and J apply only to discharges from earth-disturbing activities
conducted prior to active mining activities as defined in Part 8.G.3.2, 8.H.3.2, and 8.J.3.2
provided that, with the exception of water used to control dust and to irrigate areas to be
vegetatively stabilized, these discharges are not routed to areas of exposed soil and all
discharges comply with the permit’s effluent limits.
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Also allowed for all sectors are discharges of stormwater listed above in Parts 1.1.2
or authorized non-stormwater discharges in Part 1.1.3, mixed with a discharge authorized by a
different NPDES permit and/or a discharge that does not require NPDES permit authorization.
All other non-stormwater discharges requiring NPDES permit coverage except those
specifically listed in Part 1.1.3 are not authorized by this permit. If non-stormwater discharges
requiring NPDES permit coverage other than those specifically authorized in Part 1.1.3,
including sector-specific non-stormwater discharges that are listed in Part 8 as prohibited (a
non-exclusive list provided to raise awareness of contaminants or sources of contaminants
characteristic of certain sectors), will be discharged, such non-stormwater discharges are not
authorized by this permit and must either be eliminated or covered under another NPDES
permit.
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Allowable Non-Stormwater Discharges for all Sectors of Industrial Activity:
•
Discharges from emergency/unplanned fire-fighting activities;
•
Fire hydrant flushings;
•
Potable water, including water line flushings;
•
Uncontaminated condensate from air conditioners, coolers/chillers, and other
compressors and from the outside storage of refrigerated gases or liquids;
•
Irrigation drainage;
•
Landscape watering provided all pesticides, herbicides, and fertilizers have
been applied in accordance with the approved labeling;
•
Pavement wash waters where no detergents or hazardous cleaning products
are used (e.g., bleach, hydrofluoric acid, muriatic acid, sodium hydroxide,
nonylphenols), and the wash waters do not come into contact with oil and
grease deposits, sources of pollutants associated with industrial activities (see
Part 5.2.3), or any other toxic or hazardous materials, unless residues are first
cleaned up using dry clean-up methods (e.g., applying absorbent materials
and sweeping, using hydrophobic mops/rags) and you have implemented
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appropriate control measures to minimize discharges of mobilized solids and
other pollutants (e.g., filtration, detention; settlement);
•
Routine external building washdown / power wash water that does not use
detergents or hazardous cleaning products (e.g., those containing bleach,
hydrofluoric acid, muriatic acid, sodium hydroxide, nonylphenols);
•
Uncontaminated ground water or spring water;
•
Foundation or footing drains where flows are not contaminated with process
materials; and
•
Incidental windblown mist from cooling towers that collects on rooftops or
adjacent portions of your facility, but not intentional discharges from the
cooling tower (e.g., “piped” cooling tower blowdown; drains).
1.1.3.2
Additional Allowable Non-Stormwater Discharge for Sector A: Discharges from the
spray down of lumber and wood product storage yards where no chemical
additives are used in the spray-down waters and no chemicals are applied to the
wood during storage (applicable only to Sector A facilities provided the nonstormwater component of the discharge is in compliance with the non-numeric
effluent limits requirements in Part 2.1.2).
1.1.3.3
Additional Allowable Non-Stormwater Discharges for Earth-Disturbing Activities
Conducted Prior to Active Mining Activities for Sectors G, H and J:
• Water used to wash vehicles and equipment, provided that there is no
discharge of soaps, solvents, or detergents used for such purposes;
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•
Water used to control dust; and
•
Dewatering water that has been treated by an appropriate control under Parts
8.G.4.2.9, 8.H.4.2.9, or 8.J.4.2.9.
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Note: These non-stormwater discharges are only authorized for earth-disturbing
activities conducted prior to active mining activities, as defined in Part 8.G.3.2,
8.H.3.2, and 8.J.3.2. Once the earth-disturbing activities conducted prior to active
mining activities have ceased, the only allowable non-stormwater discharges for
Sectors G, H, and J are those listed in Part 1.1.3.1.
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1.1.4
Limitations on Coverage.
Any discharges not expressly authorized in this permit cannot become authorized
or shielded from liability under Clean Water Act (CWA) section 402(k) by disclosure to EPA,
state, or local authorities after issuance of this permit via any means, including the Notice of
Intent (NOI) to be covered by the permit, the Stormwater Pollution Prevention Plan (SWPPP), or
during an inspection.
1.1.4.1
For Discharges Mixed with Non-Stormwater. Stormwater discharges that are mixed
with non-stormwater discharges, other than those mixed with allowable nonstormwater discharges listed in Part 1.1.3 and/or those mixed with a discharge
authorized by a different NPDES permit and/or a discharge that does not require
NPDES authorization, are not eligible for coverage under this permit.
1.1.4.2
For Stormwater Discharges Associated with Construction Activity. Stormwater
discharges associated with construction activity disturbing one acre or more, or
that are part of a larger common plan of development or sale if the larger
common plan will ultimately disturb one acre or more, are not eligible for coverage
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under this permit, unless in conjunction with mining activities or certain oil and gas
extraction activities as specified in Sectors G, H, I, and J of this permit.
1.1.4.3
For Discharges Currently or Previously Covered by Another Permit. Unless you have
received written notification from EPA specifically allowing these discharges to be
covered under this permit, you are not eligible for coverage under this permit for
any of the following:
•
Stormwater discharges associated with industrial activity that are currently
covered under an individual NPDES permit or an alternative NPDES general
permit;
•
Discharges covered within five years prior to the effective date of this permit by
an individual permit or alternative general permit where that permit established
site-specific numeric water quality-based limitations developed for the
stormwater component of the discharge; or
•
Discharges from facilities where any NPDES permit has been or is in the process
of being denied, terminated, or revoked by EPA (this does not apply to the
routine reissuance of permits every five years).
1.1.4.4
For Stormwater Discharges Subject to Effluent Limitations Guidelines. For discharges
from facilities subject to stormwater effluent limitation guidelines under 40 CFR,
Subchapter N, only those stormwater discharges identified in Table 1-1 are eligible
for coverage under this permit.
1.1.4.5
Endangered and Threatened Species and Critical Habitat Protection. Coverage
under this permit is available only if your stormwater discharges, allowable nonstormwater discharges, and stormwater discharge-related activities were the
subject of an Endangered Species Act (ESA) consultation or an ESA section 10
permit, or if your stormwater discharges, allowable non-stormwater discharges, and
stormwater discharge-related activities are not likely to adversely affect any
species that are federally listed as endangered or threatened (“listed”) and are not
likely to adversely affect habitat that is designated as “critical habitat” under the
ESA. You must meet one of the criteria below, following the procedures in
Appendix E:
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Criterion A. No federally listed threatened or endangered species or their designated critical
habitat(s) are likely to occur in the “action area” as defined in Appendix A. To
certify your eligibility under this criterion, you must use the Criterion Selection
Worksheet in Part E.4 of Appendix E. You must also provide a description of the
basis for the criterion you selected on your NOI form and provide documentation
supporting your eligibility determination in your SWPPP.
Criterion B.
Your industrial activity’s discharges and discharge-related activities were already
addressed in another operator’s valid certification of eligibility for your action area
under this permit, and there is no reason to believe that federally listed species or
designated critical habitat not considered in the prior certification may be present
or located in the “action area” (e.g., due to a new species listing or critical habitat
designation). To certify your eligibility under this criterion, you must use the Criterion
Selection Worksheet in Part E.4 of Appendix E. There must be no lapse of NPDES
permit coverage in the other operator’s certification. You must also comply with
any additional measures that formed the basis of the other operator's valid
certification of eligibility to ensure that your discharges and discharge-related
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activities are protective of listed species and/or critical habitat. You must include in
your NOI the NPDES ID (i.e., permit tracking number) assigned to the other
operator’s authorization under this permit, and a description of the basis for the
criterion selected on your NOI form, including the eligibility criterion selected by the
other operator’s certification. You must also provide any documentation in your
SWPPP that supports the other operator’s eligibility determination, including any
additional measures that formed the basis of the other operator’s eligibility
determination.
Criterion C. Federally listed threatened or endangered species or their designated critical
habitat(s) are likely to occur in or near your facility’s “action area,” and your
industrial activity’s discharges and discharge-related activities are not likely to
adversely affect listed threatened or endangered species or critical habitat. To
certify your eligibility under this criterion, you must use the Criterion Selection
Worksheet in Part E.4 of Appendix E, including completion of the Criterion C
Eligibility Form, which you must submit to EPA at least 30 days prior to filing your NOI
for permit coverage. After evaluation of your Criterion C Eligibility Form, EPA may
require additional measures that you must implement to avoid or eliminate likely
adverse effects on listed species and critical habitat from discharges and
discharge-related activities. You may submit your NOI for permit coverage 30 days
after submitting to EPA your completed Criterion C worksheet. You must also
provide a description of the basis for the criterion you selected on your NOI form
and provide documentation supporting your eligibility determination in your SWPPP.
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Criterion D. Consultation between a Federal Agency and the U.S. Fish and Wildlife Service
and/or the National Marine Fisheries Service under section 7 of the ESA has been
concluded. Consultations can be either formal or informal, and would have
occurred only as a result of a separate federal action (e.g., during application for
an individual wastewater discharge permit or the issuance of a wetlands dredge
and fill permit), and consultation must have addressed the effects of the industrial
activity’s discharges and discharge-related activities on federally listed threatened
or endangered species and designated critical habitat. The result of this
consultation must be one of the following:
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i.
A biological opinion that concludes that the action in question (taking into
account the effects of your facility’s discharges and discharge-related
activities) is not likely to jeopardize the continued existence of listed species,
or result in the destruction or adverse modification of critical habitat;
ii.
A biological opinion that concludes that the action is likely to jeopardize
listed species or to result in the destruction or adverse modification of critical
habitat, and any recommended reasonable and prudent alternatives or
reasonable and prudent measures are being implemented; or
iii. Written concurrence from the applicable Service(s) with a finding that the
facility’s discharges and discharge-related activities are not likely to
adversely affect listed species or critical habitat.
To certify your eligibility under this criterion, you must use the Criterion Selection
Worksheet in Part E.4 of Appendix E. You must verify that the consultation does not
warrant reinitiation under 50 CFR §402.16. If reinitiation of consultation is required, in
order to be eligible under this Criterion you must ensure consultation is reinitiated
and the result of the consultation must be consistent with (i), (ii), or (iii) above.
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If eligible, you must also provide supporting documentation for your determination
in your NOI and SWPPP, including the Biological Opinion (or PCTS tracking number)
or concurrence letter.
Criterion E.
Your industrial activities are the subject of a permit under section 10 of the ESA, and
this authorization addresses the effects of your facility’s discharges and dischargerelated activities on federally listed species and designated critical habitat. To
certify your eligibility under this criterion, you must use the Criterion Selection
Worksheet. You must also provide supporting documentation for your
determination in your NOI and SWPPP, including a copy of the permit from the
Services.
You must comply with any measures that formed the basis of your eligibility
determination in Part 1.1.4.5 to be in compliance with the permit. These measures
become permit requirements per Part 2.3. Documentation of these measures must
be kept as part of your SWPPP (see Part 5.2.6.1).
1.1.4.6
Historic Properties Preservation. Coverage under this permit is available only if your
stormwater discharges, allowable non-stormwater discharges, and stormwater
discharge-related activities meet one of the eligibility criteria below, following the
procedures in Appendix F:
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Criterion A. Your stormwater discharges and allowable non-stormwater discharges do not have
the potential to have an effect on historic properties and you are not constructing
or installing new stormwater control measures on your site that cause subsurface
disturbance; or
Criterion B.
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Your discharge-related activities (i.e., construction and/or installation of stormwater
control measures that involve subsurface disturbance) will not affect historic
properties; or
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Criterion C. Your stormwater discharges, allowable non-stormwater discharges, and dischargerelated activities have the potential to have an effect on historic properties, and
you have consulted with the State Historic Preservation Officer (SHPO), Tribal Historic
Preservation Officer (THPO), or other tribal representative regarding measures to
mitigate or prevent any adverse effects on historic properties, and you have either
(1) obtained and are in compliance with a written agreement that outlines all such
measures, or (2) been unable to reach agreement on such measures; or
Criterion D. You have contacted the SHPO, THPO, or other tribal representative and EPA in
writing informing them that you have the potential to have an effect on historic
properties and you did not receive a response from the SHPO, THPO, or tribal
representative within 30 days of receiving your letter.
If you have been unable to reach agreement with a SHPO, THPO, or other tribal
representative regarding appropriate measures to mitigate or prevent adverse
effects, EPA may notify you of additional measures you must implement to be
eligible for coverage under this permit.
1.1.4.7
Eligibility for New Dischargers and New Sources: Based on Water Quality Standards.
If you are a new discharger or a new source (as defined in Appendix A), you are
ineligible for coverage under this permit if EPA determines prior to your
authorization to discharge that your discharges will not meet an applicable water
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quality standard (i.e., your discharges will cause or contribute to an exceedance of
a water quality standard). In such case, EPA may notify you that an individual
permit application is necessary per Part 1.2.3, or, alternatively, EPA may authorize
your coverage under this permit after you implement additional control measures
so that your discharges will meet water quality standards.
1.1.4.8
Eligibility for New Dischargers and New Sources to Water-Quality Impaired Waters. If
you are a new discharger or a new source (as defined in Appendix A), you are
ineligible for coverage under this permit to discharge to an “impaired water” (as
defined in Appendix A) unless you do one of the following:
a. Prevent all exposure to stormwater of the pollutant(s) for which the waterbody is
impaired, and retain documentation of procedures taken to prevent exposure
onsite with your SWPPP;
b. Prior to submitting your NOI, provide to the appropriate EPA Regional Office
technical information or other documentation to support your claim that the
pollutant(s) for which the waterbody is impaired is not present at your site, and
retain such documentation with your SWPPP; or
c. Prior to submitting your NOI, provide information to the appropriate EPA
Regional Office, either data or other technical documentation, to support a
conclusion that the discharge is expected to meet applicable water quality
standards (i.e., that pollutants of concern will not be discharged at levels that
will cause or contribute to an exceedance of a water quality standard), and
retain such information with your SWPPP. The information to be submitted must
be sufficient to demonstrate:
i.
ii.
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For discharges to waters without an EPA-approved or established total
maximum daily load (TMDL), that the discharge of the pollutant for which
the water is impaired will meet water quality standards at the point of
discharge to the waterbody; or
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For discharges to waters with an applicable EPA-approved or established
TMD), that there are, in accordance with 40 CFR 122.4(i), sufficient
remaining wasteload allocations in the TMDL to allow your discharge and
that existing dischargers to the waterbody are subject to compliance
schedules designed to bring the waterbody into attainment with water
quality standards (e.g., a reserve allocation for future growth).
You are eligible under Part 1.1.4.8.c if you receive a determination from the EPA
Regional Office that your discharge will meet applicable water quality
standards (i.e., will not cause or contribute to an exceedance of a water
quality standard), and you document the Region’s determination in your
SWPPP. If the EPA Regional Office fails to respond to you within 30 days after
submission of data, you are considered to be eligible for coverage.
Note: For the purposes of this permit, your project is considered to discharge to an
impaired water if the first water of the U.S. to which you discharge is identified by a
state, tribe, or EPA as not meeting an applicable water quality standard, and:
•
Requires development of a TMDL (pursuant to section 303(d) of the CWA);
•
Is addressed by an EPA-approved or established TMDL; or
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•
Is not in either of the above categories but the waterbody is covered by
pollution control requirements that meet the requirements of 40 CFR 130.7(b)(1).
For discharges that enter a separate storm sewer system 2 prior to discharge, the first
water of the U.S. to which you discharge is the waterbody that receives the
stormwater discharge from the storm sewer system.
1.1.4.9
Eligibility for New Dischargers and New Sources to Waters with High Water Quality.
For new dischargers and new sources to Tier 2 or Tier 2.5 waters:
If you are a new discharger or a new source (as defined in Appendix A), you are
eligible to discharge to a Tier 2 or Tier 2.5 water only if your discharge will not lower
the water quality of the applicable water. See a list of Tier 2 and Tier 2.5 waters in
Appendix L.
For new dischargers and new sources to Tier 3 waters:
If you are a new discharger or a new source (as defined in Appendix A), you are
not eligible for coverage under this permit for discharges to waters designated by a
state or tribe as Tier 3 (outstanding national resource waters) for antidegradation
purposes under 40 CFR 131.13(a)(3). Instead, you must submit an application for an
individual permit. See a list of Tier 3 waters in Appendix L.
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Note: For the purposes of this permit, your project is 2/
considered
1U.S. to which you discharge is
Tier 2, Tier 2.5, or Tier 3 water if the first water of the
ed
identified by a state, tribe, or EPA as a Tier 2, Tier 2.5, or Tier 3 water. For discharges
w
that enter a separate storm sewer system prior to discharge, the first water of the
vie that receives the stormwater
U.S. to which you discharge is the waterbody
discharge from the storm sewer system.
24,
10
6-Federal CERCLA Site. If you discharge to a federal CERCLA Site
For Discharges to a
listed in Appendix P, you are ineligible for coverage under this permit, unless you
o. 1 Office in advance and the EPA Regional Office determines
notifyN EPA Regional
the
2
1.1.4.10
that you are eligible for permit coverage. In determining eligibility for coverage
under this Part, the EPA Regional Office may evaluate whether you are
implementing or plan to implement adequate controls and/or procedures to
ensure that your discharge will not lead to recontamination of aquatic media at
the CERCLA Site such that your discharge will cause or contribute to an
exceedance of a water quality standard. If it is determined that your facility
discharges to a CERCLA Site listed in Appendix P after you have obtained
coverage under this permit, you must contact the EPA Regional Office and ensure
that you either have implemented or will implement adequate controls and/or
procedures to ensure that your discharges will not lead to recontamination of
aquatic media at the CERCLA Site such that it will to cause or contribute to an
exceedance of a water quality standard.
For the purposes of this permit, a permittee discharges to a federal CERCLA Site if
the discharge flows directly into the site through its own conveyance, or a through
2 Separate storm systems do not include combined sewer systems or sanitary sewer systems. Separate storm systems
include both municipal storm sewer systems (MS4s) and non-municipal separate storm sewers.
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a conveyance owned by others, such as a municipal separate storm sewer system
(MS4).
1.2
Authorization Under this Permit.
1.2.1
How to Obtain Authorization.
To obtain authorization under this permit, you must:
•
•
Be located in a state, territory, or Indian country, or be a federal operator
identified in Appendix C where EPA is the permitting authority;
•
Meet the Part 1.1 eligibility requirements;
•
Select, design, install, and implement control measures in accordance with Part
2.1 and Part 8 to meet numeric and non-numeric effluent limits;
•
Develop a SWPPP per Part 5 of this permit or update your existing SWPPP
consistent with Part 5 prior to submitting your NOI for coverage under this
permit; and
•
1.2.1.1
Be an operator of a primary industrial activity in a sector covered by this permit
(see Appendix D);
Submit a complete and accurate NOI in accordance with this Part.
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Submitting Your NOI. To be covered under this permit, you must submit to EPA a
complete and accurate NOI by the deadline applicable to your facility presented
in Table 1-2. The NOI certifies to EPA that you are eligible for coverage according to
Part 1.1, and provides information on your industrial activities and related
discharges.
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vieof a SWPPP or update your existing SWPPP
You must complete the development
24,
consistent with Part 5 prior to submitting your NOI for coverage under this permit. If
10
you choose to postthe
Part 5.4.1, you must include
6 your SWPPP onmustInternet per to the SWPPP (not just the the
URL on your. 1form and this URL
NOI
directly link
corporate or facility homepage). If you do not post your SWPPP online, you must
No facility information from your SWPPP, per Part 5.4.2.
enter additional
1.2.1.2
How to Submit Your NOI. You must submit your NOI electronically per Part 7.1, unless
you have received a waiver from electronic reporting per Part 7.1, in which case
you may use the paper NOI form in Appendix G.
1.2.1.3
Deadlines for Submitting Your NOI and Your Official Date of Permit Coverage. Table
1-2 provides the deadlines for submitting your NOI and your official start date of
permit coverage.
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Table 1-2. NOI Submittal Deadlines and Discharge Authorization Dates
NOI Submission
Deadline
Category
Operators of industrial activities that were
authorized for coverage under the 2008 MSGP.
No later than September 2,
2015 unless EPA notifies you
that your deadline is
extended.3
Discharge Authorization Date1, 2
30 days after EPA notifies you that it has
received a complete NOI, unless EPA notifies
you that your authorization has been denied or
delayed. Note: You must review and update
your SWPPP to ensure that this permit’s
requirements are addressed prior to submitting
your NOI.
Provided you submit your NOI in accordance
with the deadline, your authorization under the
2008 MSGP is automatically continued until
you have been granted coverage under this
permit or an alternative permit, or coverage is
otherwise terminated.
Operators of industrial activities that commenced
discharging between September 30, 2013 and
September 2, 2015 and have been operating
consistent with EPA’s no action assurance for the
NPDES Stormwater Multi-Sector General Permit
for Industrial Activities.
As soon as possible, but no
later than September 2, 2015,
unless EPA notifies you that
your deadline is extended.4
30 days after EPA notifies you that it has
received a complete NOI, unless EPA notifies
you that your authorization has been denied or
delayed.
Operators of industrial activities that commence
discharging after September 2, 2015, or operators
seeking coverage for discharges previously
covered under an individual permit or an
alternative general permit.
A minimum of 30 days prior to
commencing discharge in
accordance with the terms of
the 2015 MSGP.5
30 days after EPA notifies you that it has
received a complete NOI, unless EPA notifies
you that your authorization has been denied or
delayed.
New operators of existing industrial activities with
discharges previously authorized under the 2015
MSGP.
A minimum of 30 days prior to
the date of transfer of control
to the new operator.
30 days after EPA notifies you that it has
received a complete NOI, unless EPA notifies
you that your authorization has been denied or
delayed.
Other eligible operators – Operators of industrial
activities that commenced discharging prior to
September 2, 2015, but not covered under the
2008 MSGP or another NPDES permit and not
operating consistent with EPA’s no action
assurance for the NPDES Stormwater Multi-Sector
General Permit for Industrial Activities.
Immediately, to minimize the
time discharges from the
facility will continue to be
unauthorized.
30 days after EPA notifies you that it has
received a complete NOI, unless EPA notifies
you that your authorization has been denied or
delayed.
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If you have missed the deadline to submit your NOI, any and all discharges from your industrial activities will continue to be
unauthorized under the CWA until they are covered by this or a different NPDES permit. EPA may take enforcement action for any
unpermitted discharges that occur between the commencement of discharging and discharge authorization.
1
2
Discharges are not authorized if your NOI is incomplete or inaccurate or if you are ineligible for permit coverage.
For federal operators of industrial activities located in the State of Washington (except Indian country) that were authorized for
coverage under the 2008 MSGP, you must submit your NOI no later than October 19, 2015, unless EPA notifies you that your
deadline is extended. For operators of industrial activities located in the State of Idaho (except Indian country) or on Spokane Tribe of
Indians lands that were authorized for coverage under the 2008 MSGP, you must submit your NOI no later than November 10, 2015,
unless EPA notifies you that your deadline is extended.
3
4
For federal operators of industrial activities located in the State of Washington (except Indian country) that commence discharging
between September 30, 2013 and October 19, 2015, you must submit your NOI as soon as possible, but no later than October 19,
2015, unless EPA notifies you that your deadline is extended. For operators of industrial activities located in the State of Idaho
(except Indian country) or on Spokane Tribe of Indians lands that commence discharging between September 30, 2013 and
November 10, 2015, you must submit your NOI as soon as possible, but no later than November 10, 2015, unless EPA notifies you
that your deadline is extended.
5
For federal operators of industrial activities located in the State of Washington (except Indian country) that commence discharging
after October 19, 2015, or operators seeking coverage for discharges previously covered under an individual permit or an alternative
general permit, you must submit your NOI a minimum of 30 days prior to commencing discharge in accordance with the terms of the
2015 MSGP. For operators of industrial activities located in the State of Idaho (except Indian country) or on Spokane Tribe of Indians
lands that commence discharging after November 10, 2015, or operators seeking coverage for discharges previously covered under
an individual permit or an alternative general permit, you must submit your NOI a minimum of 30 days prior to commencing discharge
in accordance with the terms of the 2015 MSGP.
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1.2.2
Continuation of Coverage for Existing Permittees After the Permit Expires.
If this permit is not reissued or replaced prior to the expiration date, it will be
administratively continued in accordance with the Administrative Procedure Act and 40 CFR
122.6 and remain in force and effect for discharges that were covered prior to expiration. If
you obtain authorization to discharge under this permit prior to the expiration date and this
permit is administratively continued, any discharges authorized under this permit will
automatically remain covered by this permit after its expiration date until the earliest of:
•
Your authorization for coverage under a reissued permit or a replacement
version of this permit following your timely submittal of a complete and
accurate NOI for coverage under the new permit; or
Note: If you fail to submit a timely NOI for coverage under the reissued or
replacement permit, your coverage will terminate on the date that the NOI was due.
•
Your submittal of a Notice of Termination (NOT); or
•
Issuance of an individual permit for the facility’s discharges; or
•
A formal permit decision by EPA not to reissue this general permit, at which time
EPA will identify a reasonable time period for covered dischargers to seek
coverage under an alternative general permit or an individual permit.
Coverage under this permit will cease at the end of this time period.
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EPA reserves the right to modify or revoke and reissue this permit under 40 CFR
122.62 and 63, in which case you will be notified of any relevant changes or procedures to
which you may be subject.
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vie obtain authorization to discharge under
EPA may require you to apply for and/or
24, NPDES permit or an alternative NPDES general
an alternative permit, i.e., either an individual
0
permit, in accordance with 40-1 122.64 and 124.5. If EPA requires you to apply for an
6 CFR notify you in writing that a permit application or NOI is
alternative permit, the . 1
o Agency will
required. This notification will include a brief statement of the reasons for this decision and will
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contain alternative permit application or NOI requirements, including deadlines for completing
1.2.3
Coverage Under Alternative Permits.
your application or NOI.
1.2.3.1
Denial of Coverage for New or Previously Unpermitted Facilities. For new or
previously unpermitted facilities, following the submittal of your NOI, you may be
denied coverage under the 2015 MSGP and must apply for and/or obtain
authorization to discharge under an alternative permit, per Part 1.2.3.
1.2.3.2
Loss of Authorization Under the 2015 MSGP for Existing Permitted Facilities. If your
stormwater discharges are covered under this permit, you may receive a written
notification that you must either apply for coverage under an individual NPDES
permit or submit an NOI for coverage under an alternative general NPDES permit,
per Part 1.2.3. In addition to the reasons for the decision and alternative permit
application or NOI deadlines, the notice will include a statement that on the
effective date of your alternative permit coverage, your coverage under the 2015
MSGP will terminate. EPA may grant additional time to submit the application or
NOI if you request it. If you fail to submit an alternative permit application or NOI as
required by EPA, then your authorization to discharge under the 2015 MSGP is
terminated at the end of the day EPA required you to submit your alternative
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permit application or NOI. EPA may take appropriate enforcement action for any
unpermitted discharge.
1.2.3.3
Operator Requesting Coverage Under an Alternative Permit. You may request to be
covered under an individual permit. In such a case, you must submit an individual
permit application in accordance with the requirements of 40 CFR 122.28(b)(3)(iii),
with reasons supporting the request, to the applicable EPA Regional Office listed in
Part 7.9.1 of this permit. The request may be granted by issuance of an individual
permit if your reasons are adequate to support the request. When you are
authorized to discharge under an alternative permit, your authorization to
discharge under the 2015 MSGP is terminated on the effective date of the
alternative permit.
1.3
Terminating Coverage.
1.3.1
Submitting a Notice of Termination (NOT).
To terminate permit coverage, you must submit a complete and accurate NOT.
Your authorization to discharge under this permit terminates at midnight of the day that you
are notified that your complete NOT has been processed. If you submit a NOT without meeting
one or more of the conditions identified in Part 1.3.3, then your NOT is not valid. You are
responsible for meeting the terms of this permit until your authorization is terminated.
/16
9you have received a
1
You must submit your NOT electronically per Part 7.2, unless
12/
waiver from electronic reporting per Part 7.1, in which case you may use the paper form in
Appendix H.
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1.3.3
When to Submit Your NOT.
24,
You must submit a NOT within 30 days after one or more of the following conditions
10
have been met:
6-operator has taken over responsibility for the facility; or
1
• A new owner or
o. ceased operations at the facility, there are not or no longer will be
N
• You have
1.3.2
How to Submit Your NOT.
discharges of stormwater associated with industrial activity from the facility, and
you have already implemented necessary sediment and erosion controls per
Part 2.1.2.5; or
•
•
1.4
You are a Sector G, H, or J facility and you have met the applicable
termination requirements; or
You obtained coverage under an individual or alternative general permit for all
discharges required to be covered by an NPDES permit.
Conditional Exclusion for No Exposure.
If you are covered by this permit, and become eligible for a “no exposure”
exclusion from permitting under 40 CFR 122.26(g), you may file a No Exposure Certification. You
are no longer required to have a permit upon submission of a complete and accurate No
Exposure Certification to EPA. If you are no longer required to have permit coverage because
of a no exposure exclusion and have submitted a No Exposure Certification form to EPA, you
are not required to submit a NOT. You must submit a No Exposure Certification form to EPA
once every five years.
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You must submit your No Exposure Certification electronically per Part 7.2, unless
you have received a waiver from electronic reporting per Part 7.1, in which case you may use
the paper form in Appendix K.
1.5
Permit Compliance.
Any noncompliance with any of the requirements of this permit constitutes a
violation of this permit, and thus is a violation of the CWA. As detailed in Part 4 (Corrective
Actions) of this permit, failure to take any required corrective actions constitutes an
independent, additional violation of this permit, in addition to any original violation that
triggered the need for corrective action. As such, any actions and time periods specified for
remedying noncompliance do not absolve parties of the initial underlying noncompliance.
Where corrective action is triggered by an event that does not itself constitute
permit noncompliance, such as an exceedance of an applicable benchmark, there is no
permit violation provided you take the required corrective action within the relevant deadlines
established in Part 4.3.
1.6
Severability.
Invalidation of a portion of this permit does not necessarily render the whole permit
invalid. EPA’s intent is that the permit is to remain in effect to the extent possible; in the event
that any part of this permit is invalidated, EPA will advise the regulated community as to the
effect of such invalidation.
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2.
Control Measures and Effluent Limits.
In the technology-based limits included in Parts 2.1 and 8, the term “minimize”
means reduce and/or eliminate to the extent achievable using control measures (including
best management practices) that are technologically available and economically
practicable and achievable in light of best industry practice. The term “infeasible” means not
technologically possible or not economically practicable and achievable in light of best
industry practices. EPA notes that it does not intend for any permit requirement to conflict with
state water rights law.
2.1
Control Measures.
You must select, design, install, and implement control measures (including best
management practices) to minimize pollutant discharges that address the selection and
design considerations in Part 2.1.1, meet the non-numeric effluent limits in Part 2.1.2, meet limits
contained in applicable effluent limitations guidelines in Part 2.1.3, and meet the water qualitybased effluent limitations in Part 2.2. The selection, design, installation, and implementation of
these control measures must be in accordance with good engineering practices and
manufacturer’s specifications. Note that you may deviate from such manufacturer’s
specifications where you provide justification for such deviation and include documentation
of your rationale in the part of your SWPPP that describes your control measures, consistent
with Part 5.2.4. If you find that your control measures are not achieving their intended effect of
minimizing pollutant discharges to meet applicable water quality standards or any of the other
non-numeric effluent limits in this permit, you must modify these control measures per the
corrective action requirements in Part 4. Regulated stormwater discharges from your facility
include stormwater run-on that commingles with stormwater discharges associated with
industrial activity at your facility.
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Effluent limit requirements in Part 2.1.2 that do not involve the site-specific selection
of a control measure or are specific activity requirements (e.g., “Cleaning catch basins when
the depth of debris reaches two-thirds (2/3) of the sump depth and keeping the debris surface
at least six inches below the lowest outlet pipe”) are marked with an asterisk (*). When
documenting in your SWPPP, per Part 5, how you will comply with the requirements marked
with an asterisk, you have the option of including additional information or you may just “cutand-paste” those effluent limits verbatim into your SWPPP without providing additional
documentation (see Part 5.2.4).
102
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2.1.1
Control Measure Selection and Design Considerations.
You must consider the following when selecting and designing control measures:
•
Preventing stormwater from coming into contact with polluting materials is
generally more effective, and less costly, than trying to remove pollutants from
stormwater;
•
Using control measures in combination may be more effective than using
control measures in isolation for minimizing pollutants in your stormwater
discharge;
•
Assessing the type and quantity of pollutants, including their potential to impact
receiving water quality, is critical to designing effective control measures that
will achieve the limits in this permit;
•
Minimizing impervious areas at your facility and infiltrating runoff onsite
(including bioretention cells, green roofs, and pervious pavement, among other
approaches) can reduce runoff and improve ground water recharge and
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stream base flows in local streams, although care must be taken to avoid
ground water contamination;
•
•
Conserving and/or restoring riparian buffers will help protect streams from
stormwater runoff and improve water quality; and
•
2.1.2
Attenuating flow using open vegetated swales and natural depressions can
reduce in-stream impacts of erosive flows;
Using treatment interceptors (e.g., swirl separators and sand filters) may be
appropriate in some instances to minimize the discharge of pollutants.
Non-Numeric Technology-Based Effluent Limits (BPT/BAT/BCT).
You must comply with the following non-numeric effluent limits (except where
otherwise specified in Part 8) as well as any sector-specific non-numeric effluent limits in Part 8:
2.1.2.1
Minimize Exposure. You must minimize the exposure of manufacturing, processing,
and material storage areas (including loading and unloading, storage, disposal,
cleaning, maintenance, and fueling operations) to rain, snow, snowmelt, and
runoff in order to minimize pollutant discharges by either locating these industrial
materials and activities inside or protecting them with storm resistant coverings.
Unless infeasible, you must also:
6
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•
Use grading, berming or curbing to prevent runoff of contaminated flows and
divert run-on away from these areas;
•
Locate materials, equipment, and activities so that potential leaks and spills are
contained or able to be contained or diverted before discharge;
•
Clean up spills and leaks promptly using dry methods (e.g., absorbents) to
prevent the discharge of pollutants;
•
Store leaky vehicles and equipment indoors or, if stored outdoors, use drip pans
and absorbents;
•
•
•
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Perform all vehicle and/or equipment cleaning operations indoors, under
Use spill/overflow protection equipment;
cover, or in bermed areas that prevent runoff and run-on and also that capture
any overspray; and
Drain fluids from equipment and vehicles that will be decommissioned, and, for
any equipment and vehicles that will remain unused for extended periods of
time, inspect at least monthly for leaks.
Note: Industrial materials do not need to be enclosed or covered if stormwater
runoff from affected areas does not discharge pollutants to receiving waters or if
discharges are authorized under another NPDES permit.
2.1.2.2
Good Housekeeping. You must keep clean all exposed areas that are potential
sources of pollutants. You must perform good housekeeping measures in order to
minimize pollutant discharges, including but not limited to, the following:
•
Sweep or vacuum at regular intervals or, alternatively, wash down the area and
collect and/or treat, and properly dispose of the washdown water;
•
Store materials in appropriate containers;
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•
Keep all dumpster lids closed when not in use. For dumpsters and roll off boxes
that do not have lids and could leak, ensure that discharges have a control
(e.g., secondary containment, treatment). Consistent with Part 1.1.3 above, this
permit does not authorize dry weather discharges from dumpsters or roll off
boxes;*
•
Minimize the potential for waste, garbage and floatable debris to be
discharged by keeping exposed areas free of such materials, or by intercepting
them before they are discharged.
Plastic Materials Requirements: Facilities that handle pre-production plastic must
implement best management practices to eliminate discharges of plastic in
stormwater. Examples of plastic material required to be addressed as stormwater
pollutants include plastic resin pellets, powders, flakes, additives, regrind, scrap,
waste and recycling.
2.1.2.3
Maintenance. You must maintain all control measures that are used to achieve the
effluent limits in this permit in effective operating condition, as well as all industrial
equipment and systems, in order to minimize pollutant discharges. This includes:
•
Performing inspections and preventive maintenance of stormwater drainage,
source controls, treatment systems, and plant equipment and systems that
could fail and result in contamination of stormwater.
6
9/1keep spill response
• Diligently maintaining non-structural control measures (e.g.,
1
supplies available, personnel appropriately trained).
12/
• Inspecting and maintaining baghousesed
w at least quarterly to prevent the escape
of dust from the system and immediately removing any accumulated dust at
e
the base of the exterior baghouse.*
, vi
• Cleaning catch basins when the depth of debris reaches two-thirds (2/3) of the
024the debris surface at least six inches below the lowest
sump depth and 1
16- keeping
outlet pipe.*
o.
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If you find that your control measures are in need of routine maintenance, you must
conduct the necessary maintenance immediately in order to minimize pollutant
discharges. If you find that your control measures need to be repaired or replaced,
you must immediately take all reasonable steps to prevent or minimize the
discharge of pollutants until the final repair or replacement is implemented,
including cleaning up any contaminated surfaces so that the material will not be
discharged during subsequent storm events. Final repairs/replacement of
stormwater controls should be completed as soon as feasible but must be no later
than the timeframe established in Part 4.3 for corrective actions, i.e., within 14 days
or, if that is infeasible, within 45 days. If the completion of stormwater control
repairs/replacement will exceed the 45 day timeframe, you may take the minimum
additional time necessary to complete the maintenance, provided that you notify
the EPA Regional Office of your intention to exceed 45 days, and document in your
SWPPP your rationale for your modified maintenance timeframe. If a control
measure was never installed, was installed incorrectly or not in accordance with
Parts 2 and/or 8, or is not being properly operated or maintained, you must
conduct corrective action as specified in Part 4.
Note: In this context, the term “immediately” requires you to, on the same day you
identify that a control measure needs to be maintained, take all reasonable steps
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to minimize or prevent the discharge of pollutants until a permanent solution is
installed and made operational. However, if a problem is identified at a time in the
work day when it is too late to take action, the initiation of action must begin no
later than the following work day. “All reasonable steps” means that the permittee
has undertaken initial actions to assess and address the condition causing the
corrective action, including, for example, cleaning up any exposed materials that
may be discharged in a storm event (e.g., through sweeping, vacuuming) or
making arrangements (i.e., scheduling) for a new best management practice
(BMP) to be installed at a later date. “All reasonable steps” for purposes of
complying with Part 4.2 Conditions Requiring SWPPP Review to Determine if
Modifications Are Necessary, when you conclude a corrective action is, in fact, not
necessary, could include documenting why a corrective action is unnecessary.
2.1.2.4
Spill Prevention and Response. You must minimize the potential for leaks, spills and
other releases that may be exposed to stormwater and develop plans for effective
response to such spills if or when they occur in order to minimize pollutant
discharges. You must conduct spill prevention and response measures, including
but not limited to, the following:
•
Plainly label containers (e.g., “Used Oil,” “Spent Solvents,” “Fertilizers and
Pesticides”) that could be susceptible to spillage or leakage to encourage
proper handling and facilitate rapid response if spills or leaks occur;*
•
Implement procedures for material storage and handling, including the use of
secondary containment and barriers between material storage and traffic
areas, or a similarly effective means designed to prevent the discharge of
pollutants from these areas;
•
Develop training on the procedures for expeditiously stopping, containing, and
cleaning up leaks, spills, and other releases. As appropriate, execute such
procedures as soon as possible;
•
•
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2
10located near areas where spills may occur or where a
Keep spill kits6
1 on-site,be made; and
rapido.
N response canfacility personnel when a leak, spill, or other release occurs.
Notify appropriate
Where a leak, spill or other release containing a hazardous substance or oil in an
amount equal to or in excess of a reportable quantity established under either 40
CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302, occurs during a 24-hour period,
you must notify the National Response Center (NRC) at (800) 424-8802 or, in the
Washington, DC, metropolitan area, call (202) 267-2675 in accordance with the
requirements of 40 CFR Part 110, 40 CFR Part 117, and 40 CFR Part 302 as soon as
you have knowledge of the discharge. State or local requirements may necessitate
reporting spills or discharges to local emergency response, public health, or drinking
water supply agencies. Contact information must be in locations that are readily
accessible and available.
2.1.2.5
Erosion and Sediment Controls. You must minimize erosion by stabilizing exposed
soils at your facility in order to minimize pollutant discharges and placing flow
velocity dissipation devices at discharge locations to minimize channel and
streambank erosion and scour in the immediate vicinity of discharge points. You
must also use structural and non-structural control measures to minimize the
discharge of sediment. If you use polymers and/or other chemical treatments as
part of your controls, you must identify the polymers and/or chemicals used and
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the purpose in your SWPPP. There are many resources available to help you select
appropriate BMPs for erosion and sediment control, including EPA’s Stormwater
Discharges from Construction Activities website at:
http://water.epa.gov/polwaste/npdes/stormwater/EPA-Construction-GeneralPermit.cfm.
2.1.2.6
Management of Runoff. You must divert, infiltrate, reuse, contain, or otherwise
reduce stormwater runoff to minimize pollutants in your discharges. In selecting,
designing, installing, and implementing appropriate control measures, you are
encouraged to consult with EPA’s Internet-based resources relating to runoff
management, including the sector-specific Industrial Stormwater Fact Sheet Series,
(http://water.epa.gov/polwaste/npdes/stormwater/EPA-Multi-Sector-GeneralPermit-MSGP.cfm), National Menu of Stormwater BMPs
(http://water.epa.gov/polwaste/npdes/swbmp/index.cfm), and National
Management Measures to Control Nonpoint Source Pollution from Urban Areas
(http://water.epa.gov/polwaste/nps/urban/), and any similar state or tribal
resources.
2.1.2.7
Salt Storage Piles or Piles Containing Salt. You must enclose or cover storage piles of
salt, or piles containing salt, used for deicing or other commercial or industrial
purposes, including maintenance of paved surfaces, in order to minimize pollutant
discharges. You must implement appropriate measures (e.g., good housekeeping,
diversions, containment) to minimize exposure resulting from adding to or removing
materials from the pile. Piles do not need to be enclosed or covered pursuant to
this permit if stormwater runoff from the piles is not discharged or if discharges from
the piles are authorized under another NPDES permit.
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Employee Training. You must train all employees who work in areas where industrial
materials or activities are exposed to stormwater, or who are responsible for
24, to meet the conditions of this permit (e.g.,
implementing activities0
6-1 necessary
inspectors, maintenance personnel), including all members of your stormwater
1
pollution o.
prevention team. You must ensure the following personnel understand the
N
requirements of this permit and their specific responsibilities with respect to those
requirements:
•
Personnel who are responsible for the design, installation, maintenance, and/or
repair of controls (including pollution prevention measures);
•
Personnel responsible for the storage and handling of chemicals and materials
that could become contaminants in stormwater discharges;
•
Personnel who are responsible for conducting and documenting monitoring
and inspections as required in Parts 3 and 6; and
•
Personnel who are responsible for taking and documenting corrective actions
as required in Part 4.
Personnel must be trained in at least the following if related to the scope of their job
duties (e.g., only personnel responsible for conducting inspections need to
understand how to conduct inspections):
•
An overview of what is in the SWPPP;
•
Spill response procedures, good housekeeping, maintenance requirements,
and material management practices;
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•
The location of all controls on the site required by this permit, and how they are
to be maintained;
•
The proper procedures to follow with respect to the permit’s pollution
prevention requirements; and
•
When and how to conduct inspections, record applicable findings, and take
corrective actions.
2.1.2.9
Non-Stormwater Discharges. You must evaluate for the presence of non-stormwater
discharges. Any non-stormwater discharges not explicitly authorized in Part 1.1.3 or
covered by another NPDES permit must be eliminated. This includes vehicle and
equipment/tank wash water (except for those authorized in Part 1.1.3.3 for Sectors
G, H, and J). If not covered under a separate NPDES permit, wastewater, wash
water and any other unauthorized non-stormwater must be discharged to a
sanitary sewer in accordance with applicable industrial pretreatment requirements,
or otherwise disposed of appropriately.
2.1.2.10
Dust Generation and Vehicle Tracking of Industrial Materials. You must minimize
generation of dust and off-site tracking of raw, final, or waste materials in order to
minimize pollutant discharges.
2.1.3
Numeric Effluent Limitations Based on Effluent Limitations Guidelines.
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If you are in an industrial category subject to one of the effluent limitations
guidelines identified in Table 6-1 (see Part 6.2.2.1), you must meet the effluent limits referenced
in Table 2-1 below:
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Regulated Activity
Discharges resulting from spray down or
intentional wetting of logs at wet deck storage
areas
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Table 2-1. Applicable Effluent Limitations Guidelines
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40 CFR Part/Subpart
Effluent Limit
Part 429, Subpart I
See Part 8.A.7
Runoff from phosphate fertilizer manufacturing
facilities that comes into contact with any raw
materials, finished product, by-products or waste
products (SIC 2874)
Part 418, Subpart A
See Part 8.C.4
Runoff from asphalt emulsion facilities
Part 443, Subpart A
See Part 8.D.4
Runoff from material storage piles at cement
manufacturing facilities
Part 411, Subpart C
See Part 8.E.5
Mine dewatering discharges at crushed stone,
construction sand and gravel, or industrial sand
mining facilities
Part 436, Subparts B, C, or D
See Part 8.J.9
Runoff from hazardous waste landfills
Part 445, Subpart A
See Part 8.K.6
Runoff from non-hazardous waste landfills
Part 445, Subpart B
See Part 8.L.10
Runoff from coal storage piles at steam electric
generating facilities
Part 423
See Part 8.O.8
Runoff containing urea from airfield pavement
deicing at existing and new primary airports with
1,000 or more annual non-propeller aircraft
departures
Part 449
See Part 8.S.8
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2.2
Water Quality-Based Effluent Limitations.
2.2.1
Water Quality Standards.
Your discharge must be controlled as necessary to meet applicable water quality
standards of all affected states (i.e., your discharge must not cause or contribute to an
exceedance of applicable water quality standards in any affected state).
EPA expects that compliance with the conditions in this permit will control
discharges as necessary to meet applicable water quality standards. If at any time you
become aware, or EPA determines, that your discharge does not meet applicable water
quality standards, you must take corrective action(s) as required in Part 4.1 and document the
corrective actions as required in Part 4.4. You must also comply with any additional
requirements that your state or tribe requires in Part 9.
EPA may also require that you undertake additional control measures (to meet the
narrative water quality-based effluent limit above) on a site-specific basis, or require you to
obtain coverage under an individual permit, if information in your NOI, required reports, or
from other sources indicates that your discharges are not controlled as necessary to meet
applicable water quality standards. You must implement all measures necessary to be
consistent with an available wasteload allocation in an EPA-established or approved TMDL.
2.2.2
Discharges to Water Quality-Impaired Waters.
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You are considered to discharge to an impaired water if the first water of the U.S. to
which you discharge is identified by a state, tribe or EPA as not meeting an applicable water
quality standard, and:
2
dto1 303(d) of the CWA);
• Requires development of a TMDL (pursuant
we section
eor established TMDL; or
• Is addressed by an EPA-approved
, vi
• Is not in either of the above categories but the waterbody is covered by a
024that meets the requirements of 40 CFR 130.7(b)(1).
pollution control program
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discharges that enter a separate storm sewer system prior to discharge,
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the first water of the U.S. to which you discharge is the waterbody that receives the water from
3
the storm sewer system.
2.2.2.1
Existing Discharge to an Impaired Water with an EPA-Approved or Established TMDL.
If you discharge to an impaired water with an EPA-approved or established TMDL,
EPA will inform you whether any additional measures are necessary for your
discharge to be consistent with the assumptions and requirements of the
applicable TMDL and its wasteload allocation, or if coverage under an individual
permit is necessary per Part 1.2.3.
2.2.2.2
Existing Discharger to an Impaired Water without an EPA-Approved or Established
TMDL. If you discharge to an impaired water without an EPA-approved or
established TMDL, you are still required to comply with Part 2.2.1, and you must
comply with the monitoring requirements of Part 6.2.4.1. Note that the impaired
waters monitoring requirements of Part 6.2.4.1 also apply where EPA determines
that your discharge is not controlled as necessary to meet applicable water quality
3 Separate storm systems do not include combined sewer systems or sanitary sewer systems. Separate storm systems
include both municipal storm sewer systems (MS4s) and non-municipal separate storm sewers.
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standards in an impaired downstream water segment, even if your discharge is to a
receiving water that is not identified as impaired according to Part 2.2.2.
2.2.2.3
New Discharger or New Source to an Impaired Water. If your authorization to
discharge under this permit relied on Part 1.1.4.8 for a new discharger or a new
source to an impaired water, you must implement and maintain any measures that
enabled you to become eligible under Part 1.1.4.8, and modify such measures as
necessary pursuant to any Part 4 corrective actions. You also must comply with Part
2.2.1 and the monitoring requirements of Parts 6.2.4.1.
2.2.3
Tier 2 Antidegradation Requirements for New Dischargers, New Sources, or
Increased Discharges.
If you are a new discharger or a new source (as defined in Appendix A), or an
existing discharger required to notify EPA of an increased discharge consistent with Part 7.7
(i.e., a “planned changes” report), and you discharge directly to waters designated by a state
or tribe as Tier 2 or Tier 2.5 for antidegradation purposes under 40 CFR 131.12(a), EPA may
require that you undertake additional control measures as necessary to ensure compliance
with the applicable antidegradation requirements, or notify you that an individual permit
application is necessary in accordance with Part 1.2.3. See list of Tier 2 and 2.5 waters in
Appendix L.
2.3
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Requirements Relating to Endangered Species, Historic Properties, and Federal
CERCLA Sites.
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If your eligibility under either Part 1.1.4.5, Part 1.1.4.6, and/or Part 1.1.4.10 was made
possible through your, or another operator’s, agreement to undertake additional measures,
you must comply with all such measures to maintain eligibility under the MSGP.
w
vie or EPA determines, that your
Note that if at any time you become aware,
24, have the potential to adversely affect listed
discharges and/or discharge-related activities
0
species and/or critical habitat, EPA may inform you of the need to implement additional
6-1 meet the effluent limits in this permit, or require you to
measures on a site-specific basis to
.1
obtain coverageNo an individual permit.
under
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3.
Inspections.
3.1
Routine Facility Inspections.
During normal facility operating hours you must conduct inspections of areas of the
facility covered by the requirements in this permit, including, but not limited to, the following:
•
Areas where industrial materials or activities are exposed to stormwater;
•
Areas identified in the SWPPP and those that are potential pollutant sources
(see Part 5.2.3);
•
Areas where spills and leaks have occurred in the past three years;
•
Discharge points; and
•
Control measures used to comply with the effluent limits contained in this
permit.
Inspections must be conducted at least quarterly (i.e., once each calendar
quarter), or in some instances more frequently (e.g., monthly). Increased frequency may be
appropriate for some types of equipment, processes and stormwater control measures, or
areas of the facility with significant activities and materials exposed to stormwater. At least
once each calendar year, the routine inspection must be conducted during a period when a
stormwater discharge is occurring.
6
9/1 in Appendix A)
Inspections must be performed by qualified personnel/1 defined
2 (as
with at least one member of your stormwater pollution prevention team participating.
d1
Inspectors must consider the results of visual and analytical monitoring (if any) for the past year
e
when planning and conducting inspections.
ew
vi
,examine or look out for the following:
During the inspection you must
024 or trash that may have or could come into contact
• Industrial materials, residue
6-1
with stormwater;
1
o.spills from industrial equipment, drums, tanks and other containers;
• Leaks or
N
•
Offsite tracking of industrial or waste materials, or sediment where vehicles enter
or exit the site;
•
Tracking or blowing of raw, final or waste materials from areas of no exposure to
exposed areas;
•
Control measures needing replacement, maintenance or repair.
During an inspection occurring during a stormwater event or discharge, control
measures implemented to comply with effluent limits must be observed to ensure they are
functioning correctly. Discharge points, as defined in Appendix A, must also be observed
during this inspection. If such discharge locations are inaccessible, nearby downstream
locations must be inspected.
3.1.1
Exceptions to Routine Facility Inspections for Inactive and Unstaffed Sites.
The requirement to conduct facility inspections on a routine basis does not apply at
a facility that is inactive and unstaffed, as long as there are no industrial materials or activities
exposed to stormwater. Such a facility is only required to conduct an annual site inspection in
accordance with Part 3.1. To invoke this exception, you must indicate that your facility is
inactive and unstaffed on your NOI. If you are already covered under the permit and your
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facility has changed from active to inactive and unstaffed, you must modify and re-certify
your NOI. You must also include a statement in your SWPPP per Part 5.2.5.2 indicating that the
site is inactive and unstaffed, and that there are no industrial materials or activities exposed to
stormwater, in accordance with the substantive requirements in 40 CFR 122.26(g)(4)(iii). The
statement must be signed and certified in accordance with Appendix B, Subsection 11. If
circumstances change and industrial materials or activities become exposed to stormwater or
your facility becomes active and/or staffed, this exception no longer applies and you must
immediately resume routine facility inspections. If you are not qualified for this exception at the
time you become authorized under this permit, but during the permit term you become
qualified because your facility becomes inactive and unstaffed, and there are no industrial
materials or activities that are exposed to stormwater, you must include the same signed and
certified statement as above and retain it with your records pursuant to Part 5.5.
Inactive and unstaffed facilities covered under Sectors G (Metal Mining), H (Coal
Mines and Coal Mining-Related Facilities), and J (Non-Metallic Mineral Mining and Dressing)
are not required to meet the “no industrial materials or activities exposed to stormwater”
standard to be eligible for this exception from routine inspections, per Parts 8.G.8.4, 8.H.8.1,
and 8.J.8.1.
3.1.2
Routine Facility Inspection Documentation.
6
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You must document the findings of your facility inspections and maintain this report
with your SWPPP as required in Part 5.5. Do not submit your routine facility inspection report to
EPA, unless specifically requested to do so. However, you must summarize your findings in the
annual report per Part 7.5. Document all findings, including but not limited to, the following
information:
•
•
•
•
2
d1
e
ew
vithe inspector(s);
The name(s) and signature(s) of
24,
Weather information;
10
6-relating to the implementation of control measures at the
All observations
facility, including:
o. 1
Ndescription of any discharges occurring at the time of the inspection;
A
The inspection date and time;
Any previously unidentified discharges from and/or pollutants at the site;
Any evidence of, or the potential for, pollutants entering the drainage
system;
Observations regarding the physical condition of and around all outfalls,
including any flow dissipation devices, and evidence of pollutants in
discharges and/or the receiving water;
Any control measures needing maintenance, repairs, or replacement;
•
Any additional control measures needed to comply with the permit
requirements;
•
Any incidents of noncompliance; and
•
A statement, signed and certified in accordance with Appendix B, Subsection
11.
Any corrective action required as a result of a routine facility inspection must be
performed consistent with Part 4 of this permit.
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If you performed a discharge visual assessment required in Part 3.2 during your
facility inspection, you may include the results of the assessment with the report required in Part
3.1.2, as long as all components of both types of inspections are included in the report.
3.2
Quarterly Visual Assessment of Stormwater Discharges.
3.2.1
Quarterly Visual Assessment Procedures.
Once each quarter for the entire permit term, you must collect a stormwater
sample from each outfall (except as noted in Part 3.2.3) and conduct a visual assessment of
each of these samples. These samples are not required to be collected consistent with 40 CFR
Part 136 procedures but must be collected in such a manner that the samples are
representative of the stormwater discharge. Guidance on monitoring is available at
http://water.epa.gov/polwaste/npdes/stormwater/EPA-Multi-Sector-General-PermitMSGP.cfm.
The visual assessment must be made:
•
Of a sample in a clean, colorless glass or plastic container, and examined in a
well-lit area;
•
On samples collected within the first 30 minutes of an actual discharge from a
storm event. If it is not possible to collect the sample within the first 30 minutes of
discharge, the sample must be collected as soon as practicable after the first
30 minutes and you must document why it was not possible to take the sample
within the first 30 minutes. In the case of snowmelt, samples must be taken
during a period with a measurable discharge from your site; and
6
9/1
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2
dat1 72 hours (three days) from
e
• For storm events, on discharges that occur
ew least
the previous discharge. The 72-hour (three-day) storm interval does not apply if
vi
you document that less than a 72-hour (three-day) interval is representative for
, sampling period.
local storm events during the
024
-1
You must visually6
inspect or observe the sample for the following water quality
characteristics:
o. 1
N
• Color;
•
Odor;
•
Clarity (diminished);
•
Floating solids;
•
Settled solids;
•
Suspended solids;
•
Foam;
•
Oil sheen; and
•
Other obvious indicators of stormwater pollution.
Whenever the visual assessment shows evidence of stormwater pollution, you must
initiate the corrective action procedures in Part 4.
3.2.2
Quarterly Visual Assessment Documentation.
You must document the results of your visual assessments and maintain this
documentation onsite with your SWPPP as required in Part 5.5. You are not required to submit
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your visual assessment findings to EPA, unless specifically requested to do so. However, you
must summarize your findings in the annual report per Part 7.5. Your documentation of the
visual assessment must include, but not be limited to:
•
Sample location(s);
•
Sample collection date and time, and visual assessment date and time for
each sample;
•
Personnel collecting the sample and performing visual assessment, and their
signatures;
•
Nature of the discharge (i.e., runoff or snowmelt);
•
Results of observations of the stormwater discharge;
•
Probable sources of any observed stormwater contamination;
•
If applicable, why it was not possible to take samples within the first 30 minutes;
and
•
A statement, signed and certified in accordance with Appendix B, Subsection
11.
Any corrective action required as a result of a quarterly visual assessment must be
performed consistent with Part 4 of this permit.
3.2.3
2
d1
e
Exceptions to Quarterly Visual Assessments.
6
9/1
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Adverse Weather Conditions: When adverse weather conditions prevent the
collection of samples during the quarter, you must take a substitute sample during the next
qualifying storm event. Documentation of the rationale for no visual assessment for the quarter
must be included with your SWPPP records as described in Part 5.5. Adverse conditions are
those that are dangerous or create inaccessibility for personnel, such as local flooding, high
winds, electrical storms, or situations that otherwise make sampling impractical, such as
extended frozen conditions.
102
6-
w
e
, vi
4
o. 1 Stormwater Runoff: If your facility is located in an area where
N
Climates with Irregular
limited rainfall occurs during many parts of the year (e.g., arid or semi-arid climate) or in an
area where freezing conditions exist that prevent runoff from occurring for extended periods,
then your samples for the quarterly visual assessments may be distributed during seasons when
precipitation runoff occurs.
Areas Subject to Snow: In areas subject to snow, at least one quarterly visual
assessment must capture snowmelt discharge, as described in Part 6.1.3, taking into account
the exception described above for climates with irregular stormwater runoff.
Inactive and Unstaffed Sites: The requirement for a quarterly visual assessment does
not apply at a facility that is inactive and unstaffed, as long as there are no industrial materials
or activities exposed to stormwater. To invoke this exception, you must maintain a statement in
your SWPPP per Part 5.2.5.2 indicating that the site is inactive and unstaffed, and that there are
no industrial materials or activities exposed to precipitation, in accordance with the
substantive requirements in 40 CFR 122.26(g)(4)(iii). The statement must be signed and certified
in accordance with Appendix B, Subsection 11. If circumstances change and industrial
materials or activities become exposed to stormwater or your facility becomes active and/or
staffed, this exception no longer applies and you must immediately resume quarterly visual
assessments. If you are not qualified for this exception at the time you are authorized under this
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permit, but during the permit term you become qualified because your facility becomes
inactive and unstaffed, and there are no industrial materials or activities that are exposed to
stormwater, then you must include the same signed and certified statement as above and
retain it with your records pursuant to Part 5.5.
Inactive and unstaffed facilities covered under Sectors G (Metal Mining), H (Coal
Mines and Coal Mining-Related Facilities), and J (Non-Metallic Mineral Mining and Dressing),
are not required to meet the “no industrial materials or activities exposed to stormwater”
standard to be eligible for this exception from quarterly visual assessments, consistent with the
requirements established in Parts 8.G.8.4, 8.H.8.1, and 8.J.8.1.
Substantially Identical Outfalls: If your facility has two or more outfalls that discharge
substantially identical effluents, as documented in Part 5.2.5.3, you may conduct quarterly
visual assessments of the discharge at just one of the outfalls and report that the results also
apply to the substantially identical outfall(s) provided that you perform visual assessments on a
rotating basis of each substantially identical outfall throughout the period of your coverage
under this permit.
If stormwater contamination is identified through visual assessment performed at a
substantially identical outfall, you must assess and modify your control measures as
appropriate for each outfall represented by the monitored outfall.
o. 1
N
102
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4
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4.
Corrective Actions.
4.1
Conditions Requiring SWPPP Review and Revision to Ensure Effluent Limits are Met.
When any of the following conditions occur or are detected during an inspection,
monitoring or other means, or EPA or the operator of the MS4 through which you discharge
informs you that any of the following conditions have occurred, you must review and revise, as
appropriate, your SWPPP (e.g., sources of pollution; spill and leak procedures; non-stormwater
discharges; the selection, design, installation and implementation of your control measures) so
that this permit’s effluent limits are met and pollutant discharges are minimized:
•
An unauthorized release or discharge (e.g., spill, leak, or discharge of nonstormwater not authorized by this or another NPDES permit to a water of the
U.S.) occurs at your facility.
•
A discharge violates a numeric effluent limit listed in Table 2-1 and in your Part 8
sector-specific requirements.
•
Your control measures are not stringent enough for the discharge to meet
applicable water quality standards or the non-numeric effluent limits in this
permit.
•
A required control measure was never installed, was installed incorrectly, or not
in accordance with Parts 2 and/or 8, or is not being properly operated or
maintained.
6
9/1 pollution (e.g.,
• Whenever a visual assessment shows evidence of stormwater
1
color, odor, floating solids, settled solids, suspended solids, foam).
12/
ed if Modifications Are Necessary.
w
4.2
Conditions Requiring SWPPP Review to Determine
vie
If any of the following conditions occur, you must review your SWPPP (e.g., sources
of pollution, spill and leak procedures, non-stormwater discharges, selection, design,
24, measures) to determine if modifications are
installation and implementation10 control
6- of your
necessary to meet the effluent limits in this permit:
o. 1
• Construction or a change in design, operation, or maintenance at your facility
N
that significantly changes the nature of pollutants discharged in stormwater
from your facility, or significantly increases the quantity of pollutants discharged.
•
The average of four quarterly sampling results exceeds an applicable
benchmark (see Part 6.2.1.2). If less than four benchmark samples have been
taken, but the results are such that an exceedance of the four quarter average
is mathematically certain (i.e., if the sum of quarterly sample results to date is
more than four times the benchmark level) this is considered a benchmark
exceedance, triggering this review.
Note: A benchmark exceedance does not trigger a corrective action if you
determine that the exceedance is solely attributable to natural background sources, or if you
make a finding that no further pollutant reductions are technologically available and
economically practicable and achievable in light of best industry practice (see Part 6.2.1.2).
Note: When run-on to your facility causes a benchmark exceedance, in addition to
reviewing and revising, as appropriate, your SWPPP, you should notify the other operators
contributing run-on to your discharges to abate their pollutant contribution. Where the other
operators fail to take action to address the stormwater run-on, you should contact your EPA
Regional Office.
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4.3
Corrective Actions and Deadlines.
4.3.1
Immediate Actions.
If corrective action is needed, you must immediately take all reasonable steps
necessary to minimize or prevent the discharge of pollutants until a permanent solution is
installed and made operational, including cleaning up any contaminated surfaces so that the
material will not discharge in subsequent storm events.
Note: In this context, the term “immediately” requires you to, on the same day a
condition requiring corrective action is found, take all reasonable steps to minimize or prevent
the discharge of pollutants until a permanent solution is installed and made operational.
However, if a problem is identified at a time in the work day when it is too late to initiate
corrective action, the initiation of corrective action must begin no later than the following
work day. “All reasonable steps” means that the permittee has undertaken initial actions to
assess and address the condition causing the corrective action, including, for example,
cleaning up any exposed materials that may be discharged in a storm event (e.g., through
sweeping, vacuuming) or making arrangements (i.e., scheduling) for a new BMP to be
installed at a later date. “All reasonable steps” for purposes of complying with Part
4.2 Conditions Requiring SWPPP Review to Determine if Modifications Are Necessary, when you
conclude a corrective action is, in fact, not necessary, could include documenting why a
corrective action is unnecessary.
6
9/1those implemented
1
If you determine that additional actions are necessary beyond
12/
pursuant to Part 4.3.1, you must complete the corrective actions (e.g., install a new or
modified control and make it operational, complete thed
the next storm event
we repair) before corrective action if
possible, and within 14 calendar days from the ie of discovery of the
v time
condition. If it is infeasible to complete the,corrective action within 14 calendar days, you must
document why it is infeasible to complete the corrective action within the 14-day timeframe.
024
You must also identify your schedule for completing the work, which must be done as soon as
6-1
practicable after the 14-day timeframe but no longer than 45 days after discovery. If the
completion of corrective action will exceed the 45 day timeframe, you may take the minimum
o. 1 complete the corrective action, provided that you notify the EPA
N
additional time necessary to
4.3.2
Subsequent Actions.
Regional Office of your intention to exceed 45 days, your rationale for an extension, and a
completion date, which you must also include in your corrective action documentation (see
Part 4.4). Where your corrective actions result in changes to any of the controls or procedures
documented in your SWPPP, you must modify your SWPPP accordingly within 14 calendar days
of completing corrective action work.
These time intervals are not grace periods, but are schedules considered
reasonable for documenting your findings and for making repairs and improvements. They are
included in this permit to ensure that the conditions prompting the need for these repairs and
improvements do not persist indefinitely.
4.4
Corrective Action Documentation.
You must document the existence of any of the conditions listed in Parts 4.1 or 4.2
within 24 hours of becoming aware of such condition. You are not required to submit your
corrective action documentation to EPA, unless specifically requested to do so. However, you
must summarize your findings in the annual report per Part 7.5. Include the following
information in your documentation:
•
Description of the condition triggering the need for corrective action review. For
any spills or leaks, include the following information: a description of the
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incident including material, date/time, amount, location, and reason for spill,
and any leaks, spills or other releases that resulted in discharges of pollutants to
waters of U.S., through stormwater or otherwise;
•
Date the condition was identified;
•
Description of immediate actions taken pursuant to Part 4.3.1 to minimize or
prevent the discharge of pollutants. For any spills or leaks, include response
actions, the date/time clean-up completed, notifications made, and staff
involved. Also include any measures taken to prevent the reoccurrence of such
releases (see Part 2.1.2.4); and
•
A statement, signed and certified in accordance with Appendix B, Subsection
11.
You must also document the corrective actions taken or to be taken as a result of
the conditions listed in Part 4.1 or 4.2 (or, for triggering events in Part 4.2 where you determine
that corrective action is not necessary, the basis for this determination) within 14 days from the
time of discovery of any of those conditions. Provide the dates when each corrective action
was initiated and completed (or is expected to be completed). If applicable, document why
it is infeasible to complete the necessary installations or repairs within the 14-day timeframe
and document your schedule for installing the controls and making them operational as soon
as practicable after the 14-day timeframe. If you notified EPA regarding an extension of the 45
day timeframe, you must document your rationale for an extension.
6
9/1
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2
d 1 (e.g., non-compliance with an
If the event triggering the review is a permit violation
e
effluent limit), correcting it does not remove the original violation. Additionally, failing to take
eisw additional permit violation. EPA will
corrective action in accordance with this section an
, viof corrective action in determining
consider the appropriateness and promptness
024
enforcement responses to permit violations.
6-1Outfalls.
1
4.6
Substantially Identical
o.triggering corrective action is associated with an outfall that had been
If the N
event
4.5
Effect of Corrective Action.
identified as a “substantially identical outfall” (see Parts 3.2.3 and 6.1.1), your review must
assess the need for corrective action for all related substantially identical outfalls. Any
necessary changes to control measures that affect these other outfalls must also be made
before the next storm event if possible, or as soon as practicable following that storm event.
Any corrective actions must be conducted within the timeframes set forth in Part 4.3.
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Multi-Sector General Permit (MSGP)
5.
Stormwater Pollution Prevention Plan (SWPPP).
You must prepare a SWPPP for your facility before submitting your NOI for permit
coverage. If you prepared a SWPPP for coverage under a previous version of this NPDES
permit, you must review and update the SWPPP to implement all provisions of this permit prior
to submitting your NOI. The SWPPP does not contain effluent limitations; such limitations are
contained in Parts 2, 8, and 9 of the permit. The SWPPP is intended to document the selection,
design, and installation of control measures to meet the permit's effluent limits. As distinct from
the SWPPP, the additional documentation requirements (see Part 5.5) are intended to
document the implementation (including inspection, maintenance, monitoring, and
corrective action) of the permit requirements.
Note: Any discharges not expressly authorized in this permit cannot become
authorized or shielded from liability under CWA section 402(k) by disclosure to EPA, state, or
local authorities after issuance of this permit via any means, including the Notice of Intent
(NOI) to be covered by the permit, the SWPPP, during an inspection, etc.
5.1
Person(s) Responsible for SWPPP Preparation.
The SWPPP shall be prepared in accordance with good engineering practices and
to industry standards. The SWPPP may be developed by either a person on your staff or a third
party you hire, but it must be developed by a “qualified person” and must be certified per the
signature requirements in Part 5.2.7. If EPA concludes that the SWPPP is not in compliance with
Part 5.2 of this permit, EPA may require the SWPPP to be reviewed, amended as necessary,
and certified by a Professional Engineer, or for Sector G, H or J, by a Professional Geologist,
with the education and experience necessary to prepare an adequate SWPPP.
6
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2
d 1 in the principles and
e
Note: A “qualified person” is a person knowledgeable
ew prevention, and possesses the
practices of industrial stormwater controls and i
vpollution
education and ability to assess conditions , the industrial facility that could impact
at
stormwater quality, and the education and ability to assess the effectiveness of stormwater
024 requirements of the permit.
controls selected and installed-1
16 to meet the
.
5.2
Contentso Your SWPPP.
of
N
For coverage under this permit, your SWPPP must contain all of the following
elements:
•
Stormwater pollution prevention team (see Part 5.2.1);
•
Site description (see Part 5.2.2);
•
Summary of potential pollutant sources (see Part 5.2.3);
•
Description of control measures (see Part 5.2.4);
•
Schedules and procedures (see Part 5.2.5);
•
Documentation to support eligibility considerations under other federal laws
(see Part 5.2.6); and
•
Signature requirements (see Part 5.2.7).
Where your SWPPP refers to procedures in other facility documents, such as a Spill
Prevention, Control and Countermeasure (SPCC) Plan or an Environmental Management
System (EMS), copies of the relevant portions of those documents must be kept with your
SWPPP.
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5.2.1
Stormwater Pollution Prevention Team.
You must identify the staff members (by name or title) that comprise the facility’s
stormwater pollution prevention team as well as their individual responsibilities. Your stormwater
pollution prevention team is responsible for overseeing development of the SWPPP, any
modifications to it, and for implementing and maintaining control measures and taking
corrective actions when required. Each member of the stormwater pollution prevention team
must have ready access to either an electronic or paper copy of applicable portions of this
permit, the most updated copy of your SWPPP, and other relevant documents or information
that must be kept with the SWPPP.
5.2.2
Site Description.
Your SWPPP must include the following:
•
Activities at the Facility. Provide a description of the nature of the industrial
activities at your facility.
•
General location map. Provide a general location map (e.g., U.S. Geological
Survey (USGS) quadrangle map) with enough detail to identify the location of
your facility and all receiving waters for your stormwater discharges.
•
Site map. Provide a map showing:
6
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Boundaries of the property and the size of the property in acres;
Location and extent of significant structures and impervious surfaces;
2
d1
Locations of all receiving waters,we
ie including wetlands, in the immediate
vicinity of your facility. Indicate which waterbodies are listed as impaired and
which are identified by your state, tribe, or EPA as Tier 2, Tier 2.5, or Tier 3
4, v
waters;
102 conveyances including ditches, pipes, and
Locations 6- stormwater
of all
swales; 1
.
No of potential pollutant sources identified under Part 5.2.3.2;
Locations
Directions of stormwater flow (use arrows);
Locations of all stormwater control measures;
Locations where significant spills or leaks identified under Part 5.2.3.3 have
occurred;
Locations of all stormwater monitoring points;
Locations of stormwater inlets and outfalls, with a unique identification code
for each outfall (e.g., Outfall 001, 002), indicating if you are treating one or
more outfalls as “substantially identical” under Parts 3.2.3, 5.2.5.3, and 6.1.1,
and an approximate outline of the areas draining to each outfall;
If applicable, MS4s and where your stormwater discharges to them;
Areas of designated critical habitat for endangered or threatened species, if
applicable.
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;
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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;
transfer areas for substances in bulk;
machinery;
5.2.3
processing and storage areas;
locations and sources of run-on to your site from adjacent property that
contains significant quantities of pollutants.
Summary of Potential Pollutant Sources.
You must describe areas at your facility where industrial materials or activities are
exposed to stormwater or from which allowable non-stormwater discharges originate.
Industrial materials or activities include, but are not limited to: material handling equipment or
activities; industrial machinery; raw materials; industrial production and processes; and
intermediate products, by-products, final products, and waste products. Material handling
activities include, but are not limited to: the storage, loading and unloading, transportation,
disposal, or conveyance of any raw material, intermediate product, final product or waste
product. For structures located in areas of industrial activity, you must be aware that the
structures themselves are potential sources of pollutants. This could occur, for example, when
metals such as aluminum or copper are leached from the structures as a result of acid rain.
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For each area identified, the description must include:
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5.2.3.1
Activities in the Area. A list of the industrial activities exposed to stormwater (e.g.,
material storage; equipment fueling, maintenance, and cleaning; cutting steel
beams).
5.2.3.2
Pollutants. A list of the pollutant(s) or pollutant constituents (e.g., crankcase oil, zinc,
sulfuric acid, cleaning solvents) associated with each identified activity, which
could be exposed to rainfall or snowmelt and could be discharged from your
facility. The pollutant list must include all significant materials that have been
handled, treated, stored or disposed, and that have been exposed to stormwater
in the three years prior to the date you prepare or amend your SWPPP.
5.2.3.3
Spills and Leaks. You must document where potential spills and leaks could occur
that could contribute pollutants to stormwater discharges, and the corresponding
outfall(s) that would be affected by such spills and leaks. You must document all
significant spills and leaks of oil or toxic or hazardous substances that actually
occurred at exposed areas, or that drained to a stormwater conveyance, in the
three years prior to the date you prepare or amend your SWPPP.
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Note: Significant spills and leaks include, but are not limited to, releases of oil or
hazardous substances in excess of quantities that are reportable under CWA
section 311 (see 40 CFR 110.6 and 40 CFR 117.21) or section 102 of the
Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA), 42 USC §9602. This permit does not relieve you of the reporting
requirements of 40 CFR 110, 40 CFR 117, and 40 CFR 302 relating to spills or other
releases of oils or hazardous substances.
5.2.3.4
Unauthorized Non-Stormwater Discharges. You must document that you have
evaluated for the presence of unauthorized non-stormwater discharges (see Part
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1.1.3 for the exclusive list of authorized non-stormwater discharges under this
permit).
Documentation of your evaluation must include:
•
The date of the evaluation;
•
A description of the evaluation criteria used;
•
A list of the outfalls or onsite drainage points that were directly observed during
the evaluation; and
•
The action(s) taken, such as a list of control measures used to eliminate
unauthorized discharge(s), or documentation that a separate NPDES permit
was obtained. For example, a floor drain was sealed, a sink drain was re-routed
to sanitary, or an NPDES permit application was submitted for an unauthorized
cooling water discharge.
5.2.3.5
Salt Storage. You must document the location of any storage piles containing salt
used for deicing or other commercial or industrial purposes.
5.2.3.6
Sampling Data. Existing dischargers must summarize all stormwater discharge
sampling data collected at the facility during the previous permit term. The
summary shall include a narrative description (and may include data
tables/figures) that adequately summarizes the collected sampling data to support
identification of potential pollution sources at your facility. New dischargers and
new sources must provide a summary of any available stormwater runoff data they
may have.
5.2.4
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Description of Control Measures to Meet Technology-Based and Water QualityBased Effluent Limits.
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You must document the location and type of control measures you have
specifically chosen and/or designed to comply with:
•
•
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Applicable numeric effluent limitations guidelines-based limits in Part 2.1.3 and
Non-numeric technology-based effluent limits in Part 2.1.2;
Part 8;
•
Water quality-based effluent limits in Part 2.2;
•
Any additional measures that formed the basis of eligibility regarding
threatened and endangered species, historic properties, and/or federal
CERCLA Site requirements in Part 2.3;
•
Applicable effluent limits in Parts 8 and 9.
•
Regarding your control measures, you must also document, as appropriate:
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How you addressed the selection and design considerations in Part 2.1.1;
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How they address the pollutant sources identified in Part 5.2.3.
Effluent limit requirements in Part 2.1.2 that do not involve the site-specific selection
of a control measure or are specific activity requirements (e.g., “cleaning catch basins when
the depth of debris reaches two-thirds (2/3) of the sump depth and keeping the debris surface
at least six inches below the lowest outlet pipe”) are marked with an asterisk (*). For the
requirements marked with an asterisk, you may include extra information, or you may just “cut-
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and-paste” these effluent limits verbatim into your SWPPP without providing additional
documentation.
5.2.5
Schedules and Procedures.
5.2.5.1
Pertaining to Control Measures Used to Comply with the Effluent Limits in Part 2. The
following must be documented in your SWPPP:
•
Good Housekeeping (See Part 2.1.2.2) – A schedule or the convention used for
determining when pickup and disposal of waste materials occurs. Also provide
a schedule for routine inspections for leaks and conditions of drums, tanks and
containers.
•
Maintenance (See Part 2.1.2.3) – Preventative maintenance procedures,
including regular inspections, testing, maintenance and repair of all control
measures to avoid situations that may result in leaks, spills, and other releases,
and any back-up practices in place should a runoff event occur while a control
measure is off-line. The SWPPP shall include the schedule or frequency for
maintaining all control measures used to comply with the effluent limits in Part 2;
•
Spill Prevention and Response Procedures (See Part 2.1.2.4) – Procedures for
preventing and responding to spills and leaks, including notification procedures.
For preventing spills, include in your SWPPP the control measures for material
handling and storage, and the procedures for preventing spills that can
contaminate stormwater. Also specify cleanup equipment, procedures and spill
logs, as appropriate, in the event of spills. You may reference the existence of
other plans for Spill Prevention Control and Countermeasure (SPCC) developed
for the facility under section 311 of the CWA or BMP programs otherwise
required by an NPDES permit for the facility, provided that you keep a copy of
that other plan onsite and make it available for review consistent with Part 5.4;
•
•
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Erosion and Sediment Controls (Part 2.1.2.5) – If you use polymers and/or other
chemical treatments as part of your controls, you must identify the polymers
and/or chemicals used and the purpose;
o. 1 (Part 2.1.2.8) – The elements of your employee training plan
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Employee Training
shall include all, but not be limited to, the requirements set forth in Part 2.1.2.8,
and also the following:
The content of the training;
The frequency/schedule of training for employees who work in areas where
industrial materials or activities are exposed to stormwater, or who are
responsible for implementing activities necessary to meet the conditions of
this permit;
A log of the dates on which specific employees received training.
5.2.5.2
Pertaining to Inspections and Assessments. You must document in your SWPPP your
procedures for performing, as appropriate, the types of inspections specified by this
permit, including:
•
Routine facility inspections (see Part 3.1) and;
•
Quarterly visual assessment of stormwater discharges (see Part 3.2).
For each type of inspection performed, your SWPPP must identify:
•
Person(s) or positions of person(s) responsible for inspection;
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•
Schedules for conducting inspections, including tentative schedule for facilities
in climates with irregular stormwater runoff discharges (see Part 3.2.3);
•
Specific items to be covered by the inspection, including schedules for specific
outfalls.
If you are invoking the exception for inactive and unstaffed sites relating to routine
facility inspections and quarterly visual assessments, you must include in your SWPPP
the information to support this claim as required by Parts 3.1.1 and 3.2.3.
5.2.5.3
Pertaining to Monitoring. You must document in your SWPPP procedures for
conducting the five types of analytical monitoring specified by this permit, where
applicable to your facility, including:
•
Benchmark monitoring (see Part 6.2.1);
•
Effluent limitations guidelines monitoring (see Part 6.2.2);
•
State- or tribal-specific monitoring (see Part 6.2.3);
•
Impaired waters monitoring (see Part 6.2.4);
•
Other monitoring as required by EPA (see Part 6.2.5).
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Locations where samples are collected, including any determination that two
or more outfalls are substantially identical;
2/1
1sampling for each parameter;
Parameters for sampling and the frequency of
ed
ew
Schedules for monitoring at yourifacility, including schedule for alternate
vwith irregular stormwater runoff (see Part 6.1.6);
monitoring periods for climates
24,(benchmarks, effluent limitations guidelines, TMDL0
Any numeric control values
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related requirements, or other requirements) applicable to discharges from
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eacho.
outfall;
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Procedures (e.g., responsible staff, logistics, laboratory to be used) for gathering
For each type of monitoring, your SWPPP must document:
•
•
•
•
•
storm event data, as specified in Part 6.1.
If you are invoking the exception for inactive and unstaffed sites for benchmark
monitoring or impaired waters monitoring, you must include in your SWPPP the
information to support this claim as required by Part 6.2.1.3 and 6.2.4.2.
You must document the following in your SWPPP if you plan to use the substantially
identical outfall exception for your quarterly visual assessment requirements in Part
3.2.3 or your benchmark or impaired waters monitoring requirements in Parts 6.2.1
and 6.2.4.1 (see also Part 6.1.1):
•
Location of each of the substantially identical outfalls;
•
Description of the general industrial activities conducted in the drainage area
of each outfall;
•
Description of the control measures implemented in the drainage area of each
outfall;
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•
Description of the exposed materials located in the drainage area of each
outfall that are likely to be significant contributors of pollutants to stormwater
discharges;
•
An estimate of the runoff coefficient of the drainage areas (low = under 40%;
medium = 40 to 65%; high = above 65%);
•
Why the outfalls are expected to discharge substantially identical effluents.
5.2.6
Documentation to Support Eligibility Considerations Under Other Federal Laws.
5.2.6.1
Documentation Regarding Endangered and Threatened Species and Critical
Habitat Protection. You must keep with your SWPPP the documentation supporting
your determination with regard to Part 1.1.4.5 (Endangered and Threatened
Species and Critical Habitat Protection).
5.2.6.2
Documentation Regarding Historic Properties. You must keep with your SWPPP the
documentation supporting your determination with regard to Part 1.1.4.6 (Historic
Properties Preservation).
5.2.7
Signature Requirements. You must sign and date your SWPPP in accordance with
Appendix B, Subsection 11.
5.3
Required SWPPP Modifications.
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You must modify your SWPPP based on the corrective actions and deadlines
required under Part 4.3 and that you documented under Part 4.4. SWPPP modifications must
be signed and dated in accordance with Appendix B, Subsection 11.
5.4
SWPPP Availability.
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You must retain a complete copy of your current SWPPP required by this permit at
the facility in any accessible format. A complete SWPPP includes any documents incorporated
by reference and all documentation supporting your permit eligibility pursuant to Part 1.1 of
this permit, as well as your signed and dated certification page. Regardless of the format, the
SWPPP must be immediately available to facility employees, EPA, a state or tribe, the operator
of an MS4 into which you discharge, and representatives of the U.S. Fish and Wildlife Service
(USFWS) or the National Marine Fisheries Service (NMFS) at the time of an onsite inspection.
Your current SWPPP or certain information from your current SWPPP described below must also
be made available to the public (except any confidential business information (CBI) or
restricted information [as defined in Appendix A]), but you must clearly identify those portions
of the SWPPP that are being withheld from public access; to do so, you must comply with one
of the following two options:
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5.4.1
SWPPP Posting on the Internet.
If you provide a URL in your NOI where your SWPPP can be found, and maintain
your current SWPPP at this URL, you will have complied with the public availability requirements
for the SWPPP. To remain current, you must post any SWPPP modifications, records and other
reporting elements required for the previous year at the same URL as the main body of the
SWPPP. The SWPPP update shall be no later than 45 days after conducting the final routine
facility inspection for the year required in Part 3.1. If you did not provide a SWPPP URL in your
NOI, you may reopen your NOI at any time subsequent to your original NOI submittal to add a
URL where your current SWPPP can be found. You are not required to post any CBI or restricted
information (as defined in Appendix A) (such information may be redacted), but you must
clearly identify those portions of the SWPPP that are being withheld from public access. CBI
may not be withheld from those staff cleared for CBI review within EPA, USFWS or NMFS.
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5.4.2
SWPPP Information Provided on NOI Form.
If you did not provide a SWPPP URL in your NOI, your NOI must include the
information required by Part 7.3. Irrespective of this requirement, EPA may provide access to
portions of your SWPPP to a member of the public upon request (except any CBI or restricted
information (as defined in Appendix A)). To remain current, you must report any modifications
to the SWPPP information required by Part 7.3 through submittal of an “Change NOI” form. The
SWPPP update shall be no later than 45 days after conducting the final routine facility
inspection for the year required in Part 3.1.
5.5
Additional Documentation Requirements.
You are required to keep the following inspection, monitoring, and certification
records with your SWPPP that together keep your records complete and up-to-date, and
demonstrate your full compliance with the conditions of this permit:
•
A copy of the NOI submitted to EPA along with any correspondence
exchanged between you and EPA specific to coverage under this permit;
•
A copy of the acknowledgment you receive from the EPA assigning your NPDES
ID;
•
A copy of this permit (an electronic copy easily available to SWPPP personnel is
also acceptable);
•
Documentation of maintenance and repairs of control measures, including the
date(s) of regular maintenance, date(s) of discovery of areas in need of
repair/replacement, and for repairs, date(s) that the control measure(s)
returned to full function, and the justification for any extended
maintenance/repair schedules (see Part 2.1.2.3);
•
•
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vthe Routine Facility Inspection Reports (see Part
All inspection reports, including
3.1.2) and Quarterly Visual Assessment Reports (see Part 3.2.2);
24,
10
Description of any deviations from the schedule for visual assessments and/or
6-the reason for the deviations (e.g., adverse weather or it was
monitoring, and
o. 1
impracticable to collect samples within the first 30 minutes of a measurable
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storm event) (see Parts 3.2.3 and 6.1.5);
•
Corrective action documentation required per Part 4.4;
•
Documentation of any benchmark exceedances and the type of response to
the exceedance you employed, including:
the corrective action taken;
a finding that the exceedance was due to natural background pollutant
levels;
a determination from EPA that benchmark monitoring can be discontinued
because the exceedance was due to run-on; or
a finding that no further pollutant reductions were technologically available
and economically practicable and achievable in light of best industry
practice consistent with Part 6.2.1.2.
•
Documentation to support any determination that pollutants of concern are
not expected to be present above natural background levels if you discharge
directly to impaired waters, and that such pollutants were not detected in your
discharge or were solely attributable to natural background sources (see Part
6.2.4.1); and
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•
Documentation to support your claim that your facility has changed its status
from active to inactive and unstaffed with respect to the requirements to
conduct routine facility inspections (see Part 3.1.1), quarterly visual assessments
(see Part 3.2.3), benchmark monitoring (see Part 6.2.1.3), and/or impaired
waters monitoring (see Part 6.2.4.2).
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6.
Monitoring.
You must collect and analyze stormwater samples and document monitoring
activities consistent with the procedures described in Part 6 and Appendix B, Subsections 10 –
12, and any additional sector-specific or state/tribal-specific requirements in Parts 8 and 9,
respectively. Refer to Part 7 for reporting and recordkeeping requirements.
6.1
Monitoring Procedures.
6.1.1
Monitored Outfalls.
Applicable monitoring requirements apply to each outfall authorized by this permit,
except as otherwise exempt from monitoring as a “substantially identical outfall.” If your facility
has two or more outfalls that you believe discharge substantially identical effluents, based on
the similarities of the general industrial activities and control measures, exposed materials that
may significantly contribute pollutants to stormwater, and runoff coefficients of their drainage
areas, you may monitor the effluent of just one of the outfalls and report that the results also
apply to the substantially identical outfall(s). As required in Part 5.2.5.3, your SWPPP must
identify each outfall authorized by this permit and describe the rationale for any substantially
identical outfall determinations. The allowance for monitoring only one of the substantially
identical outfalls is not applicable to any outfalls with numeric effluent limitations. You are
required to monitor each outfall covered by a numeric effluent limit as identified in Part 6.2.2.
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If discharges authorized by this permit commingle with discharges
1
under this permit, any required sampling of the authorized discharges must be performed at a
12/
point before they mix with other waste streams, to theed practicable.
w extent
6.1.3
Measurable Storm Events.
vie
,performed on a storm event that results in an
All required monitoring must 4
2 be
actual discharge from your site (“measurable storm event”) that follows the preceding
1072 hours (three days). The 72-hour (3-day) storm interval
measurable storm event by 6 least
1 at-to document that less than a 72-hour (3-day) interval is
does not apply if you are able
o.storm events during the sampling period. In the case of snowmelt, the
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representative for local
6.1.2
Commingled Discharges.
monitoring must be performed at a time when a measurable discharge occurs at your site.
For each monitoring event, except snowmelt monitoring, you must identify the date
and duration (in hours) of the rainfall event, rainfall total (in inches) for that rainfall event, and
time (in days) since the previous measurable storm event. For snowmelt monitoring, you must
identify the date of the sampling event.
6.1.4
Sample Type.
You must take a minimum of one grab sample from a discharge resulting from a
measurable storm event as described in Part 6.1.3. Samples must be collected within the first
30 minutes of a discharge associated with a measurable storm event. If it is not possible to
collect the sample within the first 30 minutes of a measurable storm event, the sample must be
collected as soon as practicable after the first 30 minutes and documentation must be kept
with the SWPPP explaining why it was not possible to take samples within the first 30 minutes. In
the case of snowmelt, samples must be taken during a period with a measurable discharge.
6.1.5
Adverse Weather Conditions.
When adverse weather conditions as described in Part 3.2.3 prevent the collection
of samples according to the relevant monitoring schedule, you must take a substitute sample
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during the next qualifying storm event. Adverse weather does not exempt you from having to
file a benchmark monitoring report in accordance with your sampling schedule. As specified
in Part 7.4, you must use NetDMR to report any failure to monitor using a “no data” or “NODI”
code during the regular reporting period.
6.1.6
Climates with Irregular Stormwater Runoff.
If your facility is located in areas where limited rainfall occurs during parts of the
year (e.g., arid or semi-arid climates) or in areas where freezing conditions exist that prevent
runoff from occurring for extended periods, required monitoring events may be distributed
during seasons when precipitation occurs, or when snowmelt results in a measurable discharge
from your site. You must still collect the required number of samples. As specified in Part 7.4,
you must also use NetDMR to report using a “no data” or “NODI” code for any of the regular
reporting periods that there was no monitoring.
6.1.7
Monitoring Periods.
Monitoring requirements in this permit begin in the first full quarter following either
September 2, 2015 or your date of discharge authorization, whichever date comes later. If your
monitoring is required on a quarterly basis (e.g., benchmark monitoring), you must monitor at
least once in each of the following 3-month intervals:
•
January 1 – March 31;
•
April 1 – June 30;
•
July 1 – September 30;
•
October 1 – December 31.
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For example, if you obtain permit coverage on July 2, 2015, then your first
monitoring quarter is October 1 - December 31, 2015. This monitoring schedule may be
modified in accordance with Part 6.1.6 if the revised schedule is documented with your
SWPPP. However, using NetDMR you must report using a “no data” or “NODI” code for any 3month interval that you did not take a sample.
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Monitoring for Allowable Non-Stormwater Discharges.
You are only required to monitor allowable non-stormwater discharges (as
delineated in Part 1.1.3) when they are commingled with stormwater discharges associated
with industrial activity.
6.1.9
Monitoring Reports
Monitoring data must be reported using EPA’s electronic NetDMR tool at
www.epa.gov/netdmr, as described in Part 7.4 (unless a waiver from electronic reporting has
been granted from the EPA Regional Office, in which case you may submit a paper DMR
form).
6.2
Required Monitoring.
This permit includes five types of required analytical monitoring, one or more of
which may apply to your discharge:
•
Quarterly benchmark monitoring (see Part 6.2.1);
•
Annual effluent limitations guidelines monitoring (see Part 6.2.2);
•
State- or tribal-specific monitoring (see Part 6.2.3);
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•
Impaired waters monitoring (see Part 6.2.4); and
•
Other monitoring as required by EPA (see Part 6.2.5).
When more than one type of monitoring for the same pollutant at the same outfall
applies (e.g., total suspended solids once per year for an effluent limitation and once per
quarter for benchmark monitoring at a given outfall), you may use a single sample to satisfy
both monitoring requirements (i.e., one sample satisfying both the annual effluent limitation
sample and one of the four quarterly benchmark monitoring samples). When the effluent
limitation is lower than the benchmark concentration for the same pollutant, your corrective
action trigger is based on an exceedance of the effluent limitation, which would subject you
to the corrective action requirements of Part 4.1.
Note: Exceedance of an effluent limitation associated with the results of any
analytical monitoring type required by this Part subjects you to the corrective action
requirements of Part 4.1.
All required monitoring must be conducted in accordance with the procedures
described in Appendix B, Subsection B.10.
6.2.1
Benchmark Monitoring.
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This permit specifies pollutant benchmark concentrations that are applicable to
certain sectors / subsectors. Benchmark monitoring data are primarily for your use to
determine the overall effectiveness of your control measures and to assist you in determining
when additional corrective action(s) may be necessary to comply with the effluent limitations
in Part 2.
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The benchmark concentrations are not effluent limitations; a benchmark
exceedance, therefore, is not a permit violation. However, if corrective action is required as a
result of a benchmark exceedance, failure to conduct required corrective action is a permit
violation.
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At your discretion,
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events and used to determine the average benchmark parameter concentration for facility
discharges.
6.2.1.1
Applicability of Benchmark Monitoring. You must monitor for any benchmark
parameters specified for the industrial sector(s), both primary industrial activity and
any co-located industrial activities, applicable to your discharge. Your industryspecific benchmark concentrations are listed in the sector-specific sections of Part
8. If your facility is in one of the industrial sectors subject to benchmark
concentrations that are hardness-dependent, you are required to submit to EPA
with your NOI a hardness value, established consistent with the procedures in
Appendix J, which is representative of your receiving water.
Samples must be analyzed consistent with 40 CFR Part 136 analytical methods and
using test procedures with quantitation limits at or below benchmark values for all
benchmark parameters for which you are required to sample.
6.2.1.2
Benchmark Monitoring Schedule. Benchmark monitoring must be conducted
quarterly, as identified in Part 6.1.7, for your first four full quarters of permit coverage
commencing no earlier than September 2, 2015.
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Facilities in climates with irregular stormwater runoff, as described in Part 6.1.6, may
modify this quarterly schedule provided that this revised schedule is reported
directly to EPA by the due date of the first benchmark sample (see EPA Regional
contacts in Part 7.9.1), and that this revised schedule is kept with the facility’s
SWPPP as specified in Part 5.5. When conditions prevent you from obtaining four
samples in four consecutive quarters, you must continue monitoring until you have
the four samples required for calculating your benchmark monitoring average. As
noted in Part 6.1.7, you must use NetDMR to report using a “no data” or “NODI”
code for any 3-month interval that you did not take a sample.
Data not exceeding benchmarks: After collection of four quarterly samples, if the
average of the four monitoring values for any parameter does not exceed the
benchmark, you have fulfilled your monitoring requirements for that parameter for
the permit term.
Data exceeding benchmarks: After collection of four quarterly samples, if the
average of the four monitoring values for any parameter exceeds the benchmark,
you must, in accordance with Part 4, review the selection, design, installation, and
implementation of your control measures to determine if modifications are
necessary to meet the effluent limits in this permit, and either:
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•
Make the necessary modifications and continue quarterly monitoring until you
have completed four additional quarters of monitoring for which the average
does not exceed the benchmark; or
•
Make a determination that no further pollutant reductions are technologically
available and economically practicable and achievable in light of best industry
practice to meet the technology-based effluent limits or are necessary to meet
the water-quality-based effluent limitations in Parts 2.1 and 2.2 of this permit, in
which case you must continue monitoring once per year. You must also
document your rationale for concluding that no further pollutant reductions are
achievable, and retain all records related to this documentation with your
SWPPP.
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You must review your control measures and perform any required corrective action
immediately (or document why no corrective action is required), per Part 4, without
waiting for the full four quarters of monitoring data, when an exceedance of the
four quarter average is mathematically certain. If after modifying your control
measures and conducting four additional quarters of monitoring, your average still
exceeds the benchmark (or if an exceedance of the benchmark by the four
quarter average is mathematically certain prior to conducting the full four
additional quarters of monitoring), you must again review your control measures
and take one of the two actions above.
Natural background pollutant levels: Following the first four quarters of benchmark
monitoring (or sooner if the exceedance is triggered by less than four quarters of
data; see above), if the average concentration of a pollutant exceeds a
benchmark value, and you determine that exceedance of the benchmark is
attributable solely to the presence of that pollutant in the natural background, you
are not required to perform corrective action or additional benchmark monitoring
provided that:
•
The average concentration of your benchmark monitoring results is less than or
equal to the concentration of that pollutant in the natural background; and
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•
You document and maintain with your SWPPP, as required in Part 5.5, your
supporting rationale for concluding that benchmark exceedances are in fact
attributable solely to natural background pollutant levels. You must include in
your supporting rationale any data previously collected by you or others
(including literature studies) that describe the levels of natural background
pollutants in your stormwater discharge.
Natural background pollutants are those substances that are naturally occurring in
soils or ground water. Natural background pollutants do not include legacy
pollutants from earlier activity on your site, or pollutants in run-on from neighboring
sources which are not naturally occurring, such as other industrial sites or roadways.
However, the EPA Regional Office may determine that you are eligible to
discontinue monitoring for pollutants that occur solely from run-on sources.
6.2.1.3
Exception for Inactive and Unstaffed Sites. The requirement for benchmark
monitoring does not apply at a facility that is inactive and unstaffed, provided that
there are no industrial materials or activities exposed to stormwater. To invoke this
exception, you must do the following:
•
•
•
Maintain a statement with your SWPPP stating that the site is inactive and
unstaffed, and that there are no industrial materials or activities exposed to
stormwater in accordance with the substantive requirements in 40 CFR
122.26(g) and sign and certify the statement in accordance with Appendix B,
Subsection 11.
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If circumstances change and industrial materials or activities become exposed
to stormwater or your facility becomes active and/or staffed, this exception no
longer applies and you must immediately begin complying with the applicable
benchmark monitoring requirements under Part 6.2 as if you were in your first
year of permit coverage. You must indicate in your NOI that your facility has
materials or activities exposed to stormwater or has become active and/or
staffed.
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If you are not qualified for this exception at the time you are authorized under
this permit, but during the permit term you become qualified because your
facility is inactive and unstaffed, and there are no industrial materials or
activities that are exposed to stormwater, then you must notify EPA of this
change on your NOI form. You may discontinue benchmark monitoring once
you have notified EPA, and prepared and signed the certification statement
described above concerning your facility’s qualification for this special
exception.
Note: This exception has different requirements for Sectors G, H, and J (see Part 8).
6.2.2
Effluent Limitations Monitoring.
6.2.2.1
Monitoring Based on Effluent Limitations Guidelines. Table 6-1 identifies the
stormwater discharges subject to effluent limitation guidelines that are authorized
for coverage under this permit. An exceedance of the effluent limitation is a permit
violation. Beginning in the first full quarter following September 2, 2015 or your date
of discharge authorization, whichever date comes later, you must monitor once
per year at each outfall containing the discharges identified in Table 6-1 for the
parameters specified in the sector-specific section of Part 8.
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Table 6-1. Required Monitoring for Effluent Limits Based on Effluent Limitations Guidelines
Regulated Activity
Effluent Limit
Monitoring
Frequency
Sample
Type
Discharges resulting from spray down or intentional wetting of
logs at wet deck storage areas
See Part 8.A.7
1/year
Grab
Runoff from phosphate fertilizer manufacturing facilities that
comes into contact with any raw materials, finished product, byproducts or waste products (SIC 2874)
See Part 8.C.4
1/year
Grab
Runoff from asphalt emulsion facilities
See Part 8.D.4
1/year
Grab
Runoff from material storage piles at cement manufacturing
facilities
See Part 8.E.5
1/year
Grab
Mine dewatering discharges at crushed stone, construction sand See Part 8.J.9
and gravel, or industrial sand mining facilities
1/year
Grab
Runoff from hazardous waste landfills
See Part 8.K.6
1/year
Grab
Runoff from non-hazardous waste landfills
See Part 8.L.10
1/year
Grab
Runoff from coal storage piles at steam electric generating
facilities
See Part 8.O.8
1/year
Grab
Runoff containing urea from airfield pavement deicing at existing See Part 8.S.8
and new primary airports with 1,000 or more annual nonpropeller aircraft departures.
1/year
Grab
6.2.2.2
6.2.2.3
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Substantially Identical Outfalls. You must monitor each outfall discharging runoff
from any regulated activity identified in Table 6-1. The substantially identical outfall
monitoring provisions are not available for numeric effluent limits monitoring.
2
d 1 Limitation. If any
Follow-up Actions if Discharge Exceeds Numeric Effluent
e
monitoring value exceeds a numericew
effluent limitation contained in this permit, you
must indicate the exceedance on a “Change NOI” form in the NPDES eReporting
, vi
Tool (NeT), and you must conduct follow-up monitoring within 30 calendar days (or
024 event, should none occur within 30 days) of
during the next qualifying runoff
-1
implementing 16
corrective action(s) taken per Part 4. When your follow-up monitoring
exceeds o. applicable effluent limitation, you must:
N the Exceedance Report: You must submit an Exceedance Report no later
• Submit an
than 30 days after you have received your laboratory result consistent with Part
7.6; and
•
Continue to Monitor: You must monitor, at least quarterly, until your discharge is
in compliance with the effluent limit or until EPA waives the requirement for
additional monitoring. Once your discharge is back in compliance with the
effluent limitation you must indicate this on a “Change NOI” form per Part 7.4.
6.2.3
State or Tribal Monitoring Provisions.
6.2.3.1
Sectors Required to Conduct State or Tribal Monitoring. You must comply with any
state or tribal monitoring requirements (see Part 9) applicable to your facility’s
location.
6.2.3.2
State or Tribal Monitoring Schedule. If a monitoring frequency is not specified for an
applicable requirement in Part 9, you must monitor once per year for the entire
permit term.
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6.2.4
Discharges to Impaired Waters Monitoring.
Note: For the purposes of this permit, your project is considered to discharge to an
impaired water if the first water of the U.S. to which you discharge is identified by a state, tribe,
or EPA pursuant to section 303(d) of the CWA as not meeting an applicable water quality
standard, or has been removed from the 303(d) list either because the impairments are
addressed by an EPA-approved or established TMDL or is covered by pollution control
requirements that meet the requirements of 40 CFR 130.7(b)(1). For discharges that enter a
separate storm sewer system 4 prior to discharge, the first water of the U.S. to which you
discharge is the waterbody that receives the stormwater discharge from the storm sewer
system.
6.2.4.1
Permittees Required to Monitor Discharges to Impaired Waters.
Discharges to impaired waters without an EPA-approved or established TMDL:
Beginning in the first full quarter following September 2, 2015 or your date of
discharge authorization, whichever date comes later, you must monitor all
pollutants for which the waterbody is impaired and for which a standard analytical
method exists (see 40 CFR Part 136) once per year at each outfall (except
substantially identical outfalls) discharging stormwater to impaired waters without
an EPA-approved or established TMDL.
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If the pollutant of concern for the impaired waterbody is suspended solids, turbidity
or sediment/sedimentation, you must monitor for Total Suspended Solids (TSS). If a
pollutant of concern is expressed in the form of an indicator or surrogate pollutant,
you must monitor for that indicator or surrogate pollutant. No monitoring is required
when a waterbody’s biological communities are impaired but no pollutant,
including indicator or surrogate pollutants, is specified as causing the impairment,
or when a waterbody’s impairment is related to hydrologic modifications, impaired
hydrology, or other non-pollutant. Permittees should consult the appropriate EPA
Regional Office for any available guidance regarding required monitoring
parameters under this part.
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If the pollutant of concern is not detected and not expected to be present in your
discharge, or it is detected but you have determined that its presence is caused
solely by natural background sources, you may discontinue monitoring for that
pollutant. To support a determination that the pollutant’s presence is caused solely
by natural background sources, you must document and maintain with your
SWPPP, as required by Part 5.5:
•
An explanation of why you believe that the presence of the pollutant of
concern in your discharge is not related to the activities or materials at your
facility; and
•
Data and/or studies that tie the presence of the pollutant of concern in your
discharge to natural background sources in the watershed.
Natural background pollutants include those that occur naturally as a result of
native soils, and vegetation, wildlife, or ground water. Natural background
pollutants do not include legacy pollutants from earlier activity on your site, or
pollutants in run-on from neighboring sources that are not naturally occurring.
However, you may be eligible to discontinue annual monitoring for pollutants that
4 Separate storm systems do not include combined sewer systems or sanitary sewer systems. Separate storm systems
include both municipal storm sewer systems (MS4s) and non-municipal separate storm sewers.
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occur solely from these sources and should consult the appropriate EPA Regional
Office for related guidance.
Discharges to impaired waters with an EPA-approved or established TMDL: For
stormwater discharges to waters for which there is an EPA-approved or established
TMDL, you are not required to monitor for the pollutant(s) for which the TMDL was
written unless EPA informs you, upon examination of the applicable TMDL and its
wasteload allocation, that you are subject to such a requirement consistent with
the assumptions and requirements of the applicable TMDL and its wasteload
allocation. EPA’s notice will include specifications on monitoring parameters and
frequency. Permittees must consult the appropriate EPA Regional Office for
guidance regarding required monitoring under this Part.
6.2.4.2
Exception for Inactive and Unstaffed Sites. The requirement for impaired waters
monitoring does not apply at a facility that is inactive and unstaffed, as long as
there are no industrial materials or activities exposed to stormwater. To invoke this
exception, you must do the following:
•
•
•
Maintain a statement with your SWPPP stating that the site is inactive and
unstaffed, and that there are no industrial materials or activities exposed to
stormwater in accordance with the substantive requirements in 40 CFR
122.26(g) and sign and certify the statement in accordance with Appendix B,
Subsection 11.
6
9/1 become exposed
If circumstances change and industrial materials or 1
2/activities
to stormwater or your facility becomes active1
and/or staffed, this exception no
longer applies and you must immediatelyd
begin complying
we under Part 6.2 as ifwith the applicable
impaired waters monitoring requirements
you were in your
vie
first year of permit coverage. You must indicate in a “Change NOI” form per
, materials or activities exposed to stormwater or has
Part 7.4 that your facility 4
2has
become active-10 staffed.
and/or
If you are not qualified for this exception at the time you are authorized under
. 16during the permit term you become qualified because your
this permit, but
No
facility is inactive and unstaffed, and there are no industrial materials or
activities that are exposed to stormwater, then you must notify EPA of this
change on your NOI form. You may discontinue impaired waters monitoring
once you have notified EPA, and prepared and signed the certification
statement described above concerning your facility’s qualification for this
special exception.
Note: This exception has different requirements for Sectors G, H, and J (see Part 8).
6.2.5
Additional Monitoring Required by EPA.
EPA may notify you of additional discharge monitoring requirements that EPA
determines are necessary to meet the permit’s effluent limitations. Any such notice will briefly
state the reasons for the monitoring, locations, and parameters to be monitored, frequency
and period of monitoring, sample types, and reporting requirements.
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7.
Reporting and Recordkeeping.
7.1
Electronic Reporting Requirement.
You must submit all NOIs, NOTs, NOEs, Annual Reports, Discharge Monitoring Reports
(DMRs), and other reporting information as appropriate electronically, unless you have
received a waiver from your EPA Regional Office based on one of the following conditions:
•
If your headquarters is physically located in a geographic area (i.e., zip code or
census tract) that is identified as under-served for broadband Internet access in
the most recent report from the Federal Communications Commission; or
•
If you have limitations regarding available computer access or computer
capability.
Waivers are only granted for a one-time use for a single information submittal, i.e.,
an initial waiver does not apply for the entire term of the permit. If you need to submit
information on paper after your first waiver, you must apply for a new waiver. However,
waivers may be extended on a case-by-case basis by the EPA Regional Office.
If you wish to obtain a waiver from submitting a report electronically, you must
submit a request to your EPA Regional Office. EPA Regional Office contact information can be
found in Part 7.9.1 of this permit. In that request you must document which exemption you
meet, provide evidence supporting any claims, and a copy of your completed NOI form. A
waiver may only be considered granted once you receive written confirmation from EPA or its
authorized representative.
7.2
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Submitting Information to EPA.
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Most information required to be submitted by this permit shall be submitted via
EPA’s electronic NPDES eReporting tool (NeT), unless the permit states otherwise or unless a
waiver has been granted per Part 7.1. NeT allows you to both prepare and submit required
information using specific forms, found in the permit’s appendices. To access NeT, go to
http://water.epa.gov/polwaste/npdes/stormwater/Stormwater-eNOI-System-for-EPAsMultiSector-General-Permit.cfm.
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Information required to be submitted to EPA via NeT:
•
Notice of Intent (Part 1.2);
•
No Exposure Certification (Part 1.4);
•
Notice of Termination (Part 1.3); and
•
Annual Report (Part 7.5).
Note: Discharge Monitoring Reports (see Part 7.4) are required to be submitted
using EPA’s NetDMR system, available at www.epa.gov/netdmr.
If you are given a waiver by the EPA Regional Office to submit information in paper
form, you must utilize the required forms found in the Appendices.
Part 7.9.1:
Information required to be submitted to an EPA Regional Office at the address in
•
New Dischargers and New Sources to Water Quality-Impaired Waters (Part
1.1.4.8);
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•
•
7.3
Exceedance Report for Numeric Effluent Limitations (Part 7.6); and
Additional Reporting (Part 7.7)
Additional SWPPP Information Required in Your NOI.
If you did not provide a SWPPP URL in your NOI per Part 5.4.1, your NOI must
include the additional SWPPP information as follows:
•
•
Pollutants or pollutant constituents associated with each industrial activity
exposed to stormwater that could be discharged in stormwater and/or any
authorized non-stormwater discharges listed in Part 1.1.3 (see Part 5.2.3.2);
•
Stormwater control measures you employ to comply with the non-numeric
technology-based effluent limits required in Part 2.1.2 and Part 8, and any other
measures taken to comply with the requirements in Part 2.2 Water Quality Based Effluent Limitations (see Part 5.2.4). If you use polymers and/or other
chemical treatments as part of your controls, you must identify the polymers
and/or chemicals used and the purpose; and
•
7.4
Onsite industrial activities exposed to stormwater, including potential spill and
leak areas (see Parts 5.2.3.1, 5.2.3.3 and 5.2.3.5);
Schedule for good housekeeping and maintenance (see Part 5.2.5.1) and
schedule for all inspections required in Part 3 (see Part 5.2.5.2).
Reporting Monitoring Data to EPA.
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All monitoring data collected pursuant to Part 6.2 must be submitted to EPA using
EPA’s NetDMR system (available at www.epa.gov/netdmr) (unless a waiver from electronic
reporting has been granted, in which case you may submit a paper DMR form) no later than
30 days after you have received your complete laboratory results for all monitoring outfalls for
the reporting period. Your monitoring requirements (i.e., parameters required to be monitored
and sample frequency) will be prepopulated on your electronic Discharge Monitoring Report
(DMR) form based on the information you reported on your NOI form (through the NDPES
eReporting tool (NeT)). Accordingly, the following changes to your monitoring frequency must
be reported to EPA through the submittal of a “Change NOI” form in NeT, which will trigger
changes to your monitoring requirements in NetDMR:
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•
All benchmark monitoring requirements have been fulfilled for the permit term;
•
All impaired waters monitoring requirements have been fulfilled for the permit
term;
•
Benchmark and/or impaired monitoring requirements no longer apply because
your facility is inactive and unstaffed;
•
Benchmark and/or impaired monitoring requirements now apply because your
facility has changed from inactive and unstaffed to active and staffed;
•
For Sector G2 only: Discharges from waste rock and overburden piles have
exceeded benchmark values;
•
A numeric effluent limitation guideline has been exceeded;
•
A numeric effluent limitation guideline exceedance is back in compliance.
Once monitoring requirements have been completely fulfilled, you are no longer
required to report monitoring results using NetDMR. If you have only partially fulfilled your
benchmark monitoring and/or impaired waters monitoring requirements (e.g., your four
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quarterly average is below the benchmark for some, but not all, parameters; you did not
detect some, but not all, impairment pollutants), you must continue to use NetDMR to report
your results, but you must report a “no data” or “NODI” code for any monitoring parameters
that have been fulfilled.
If you have received a waiver per Part 7.1, paper reporting forms must be
submitted by the same deadline.
tribes.
See Part 9 for specific reporting requirements applicable to individual states or
For benchmark monitoring, note that you are required to submit sampling results to
EPA no later than 30 days after receiving your complete laboratory results for all monitored
outfalls for each quarter that you are required to collect benchmark samples, per Part 6.2.1.2.
If you collect samples during multiple storm events in a single quarter (e.g., due to adverse
weather conditions, climates with irregular stormwater runoff, or areas subject to snow), you
are required to submit all sampling results for each storm event to EPA within 30 days of
receiving all laboratory results for the event. Or, for any of your monitored outfalls that did not
have a discharge within the reporting period, using NetDMR you must report using a “no data”
or “NODI” code for that outfall no later than 30 days after the end of the reporting period.
7.5
Annual Report.
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You must submit an Annual Report to EPA electronically, per Part 7.2, by January
30th for each year of permit coverage containing information generated from the past
calendar year. You must include the following information:
•
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A summary of your past year’s routine facility inspection documentation
required (Part 3.1.2). In addition, if you are an operator of an airport facility
(Sector S) that is subject to the airport effluent limitations guidelines, and are
complying with the Part 8.S.8.1 effluent limitation through the use of non-ureacontaining deicers, provide a statement certifying that you do not use
pavement deicers containing urea. (Note: Operators of airport facilities that are
complying with Part 8.S.8.1 by meeting the numeric effluent limitation for
ammonia do not need to include this statement.)
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•
A summary of your past year’s quarterly visual assessment documentation (see
Part 3.2.2 of the permit);
•
For any four-sample (minimum) average benchmark monitoring exceedance, if
after reviewing the selection, design, installation, and implementation of your
control measures and considering whether any modifications are necessary to
meet the effluent limits in the permit, you determine that no further pollutant
reductions are technologically available and economically practicable and
achievable in light of best industry practice, your rationale for why you believe
no further reductions are achievable (see Part 6.2.1.2 of the permit); and
•
A summary of your past year’s corrective action documentation (see Part 4.4).
If corrective action is not yet completed at the time of submission of your
annual report, you must describe the status of any outstanding corrective
action(s). Also describe any incidents of noncompliance in the past year or
currently ongoing, or if none, provide a statement that you are in compliance
with the permit.
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Your Annual Report must also include a statement, signed and certified in
accordance with Appendix B, Subsection 11.
7.6
Exceedance Report for Numeric Effluent Limitations.
If follow-up monitoring per Part 6.2.2.3 exceeds a numeric effluent limit, you must
submit an Exceedance Report to EPA no later than 30 days after you have received your
laboratory results. Your report must include the following:
•
NPDES ID;
•
Facility name, physical address and location;
•
Name of receiving water;
•
Monitoring data from this and the preceding monitoring event(s);
•
An explanation of the situation, including what you have done and intend to
do (should your corrective actions not yet be complete) to correct the
violation;
•
An appropriate contact name and phone number.
Send the Exceedance Report to the appropriate EPA Regional Office listed in Part
7.9.1, and report the monitoring data through NetDMR
7.7
Additional Reporting.
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In addition to the reporting requirements stipulated in Part 7, you are also subject to
the standard permit reporting provisions of Appendix B, Subsection 12.
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You must submit the following reports to the appropriate EPA Regional Office listed
in Part 7.9.1, as applicable. If you discharge through an MS4, you must also submit these
reports to the MS4 operator (identified pursuant to Part 5.2.2).
•
102
24-hour reporting (see Appendix B, Subsection 12.F) – You must report any
16-which may endanger health or the environment. Any
noncompliance
o. must be provided orally within 24 hours from the time you become
N
information
aware of the circumstances;
•
5-day follow-up reporting to the 24 hour reporting (see Appendix B, Subsection
12.F) – A written submission must also be provided within five days of the time
you become aware of the circumstances;
•
Reportable quantity spills (see Part 2.1.2.4) – You must provide notification, as
required under Part 2.1.2.4, as soon as you have knowledge of a leak, spill, or
other release containing a hazardous substance or oil in an amount equal to or
in excess of a reportable quantity;
•
Planned changes (see Appendix B, Subsection 12.A) – You must give notice to
EPA promptly, no fewer than 30 days prior to making any planned physical
alterations or additions to the permitted facility that qualify the facility as a new
source or that could significantly change the nature or significantly increase the
quantity of pollutants discharged;
•
Anticipated noncompliance (see Appendix B, Subsection 12.B) – You must give
advance notice to EPA of any planned changes in the permitted facility or
activity which you anticipate will result in noncompliance with permit
requirements;
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•
•
Other noncompliance (see Appendix B, Subsection 12.G) – You must report all
instances of noncompliance not reported in your annual report, compliance
schedule report, or 24-hour report at the time monitoring reports are submitted;
and
•
7.8
Compliance schedules (see Appendix B, Subsection 12.F) – Reports of
compliance or noncompliance with, or any progress reports on, interim and
final requirements contained in any compliance schedule of this permit must be
submitted no later than 14 days following each schedule date;
Other information (see Appendix B, Subsection 12.H) – You must promptly
submit facts or information if you become aware that you failed to submit
relevant facts in your NOI, or that you submitted incorrect information in your
NOI or in any report.
Recordkeeping.
You must retain copies of your SWPPP (including any modifications made during
the term of this permit), additional documentation requirements pursuant to Part 5.5 (including
documentation related to corrective actions taken pursuant to Part 4), all reports and
certifications required by this permit, monitoring data, and records of all data used to
complete the NOI to be covered by this permit, for a period of at least three years from the
date that your coverage under this permit expires or is terminated.
7.9
7.9.1
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Addresses for Reports.
EPA Addresses.
7.9.1.1
12
d Hampshire, Rhode Island,
e
Region 1: Connecticut, Massachusetts, and New
ew
Vermont.
, vi
U.S. EPA Region 1
024
Office of Ecosystem Protection
1
Stormwater and 6Construction Permits Section
5 Post Office Square, Suite 100
o. 1
(OEP 06-1)
N
Boston, MA 02109-3912
7.9.1.2
Region 2: New Jersey, New York, Puerto Rico, and Virgin Islands.
For Puerto Rico and the Virgin Islands
U.S. EPA Region 2
Caribbean Environmental Protection Division
NPDES Stormwater Program
City View Plaza II – Suite 7000
48 Rd. 165 Km 1.2
Guaynabo, PR 00968-8069
For New Jersey and New York:
(Coverage not available under this permit.)
U.S. EPA Region 2
NPDES Stormwater Program
290 Broadway, 24th Floor
New York, NY 10007-1866
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7.9.1.3
Region 3: Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West
Virginia.
U.S. EPA Region 3
Office of NPDES Permits and Enforcement
NPDES Permits Branch, Mailcode 3WP41
1650 Arch Street
Philadelphia, PA 19103
7.9.1.4
Region 4: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South
Carolina, Tennessee.
(Coverage not available under this permit.)
U.S. EPA Region 4
Water Protection Division
NPDES Stormwater Program
Atlanta Federal Center
61 Forsyth Street SW
Atlanta, GA 30303-3104
7.9.1.5
Region 5: Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin.
U.S. EPA Region 5
NPDES Program Branch
77 W. Jackson Blvd.
Mail Code WN16J
Chicago, IL 60604-3507
7.9.1.6
7.9.1.7
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Region 6: Arkansas, Louisiana, Oklahoma,
24,
Region 9 for Navajo lands, and see Region 8 for Ute Mountain Reservation lands).
10
U.S. EPA Region 6 6Program (WQ-PP)
NPDES Stormwater
o. 1 Suite 1200
1445 Ross Avenue,
N
Dallas, TX 75202-2733
Region 7: Iowa, Kansas, Missouri, Nebraska.
U.S. EPA Region 7
NPDES Stormwater Program
11201 Renner Blvd
Lenexa, KS 66219
7.9.1.8
Region 8: Colorado, Montana, North Dakota, South Dakota, Wyoming, Utah (except
see Region 9 for Goshute Reservation and Navajo Reservation lands), the Ute
Mountain Reservation in New Mexico, and the Pine Ridge Reservation in Nebraska.
EPA Region 8 Storm Water Program
Mailcode: 8P-W-WW
1595 Wynkoop Street
Denver, CO 80202-1129
7.9.1.9
Region 9: Arizona, California, Hawaii, Nevada, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Goshute Reservation in Utah
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Multi-Sector General Permit (MSGP)
and Nevada, the Navajo Reservation in Utah, New Mexico, and Arizona, the Duck
Valley Reservation in Idaho, Fort McDermitt Reservation in Oregon.
U.S. EPA Region 9
Water Division
NPDES Stormwater Program (WTR-2-3)
75 Hawthorne Street
San Francisco, CA 94105-3901
7.9.1.10
Region 10: Alaska, Idaho, Oregon (except see Region 9 for Fort McDermitt
Reservation), Washington.
U.S. EPA Region 10
NPDES Stormwater Program
1200 6th Avenue (OWW-191)
Seattle, WA 98101-3140
7.9.2
State and Tribal Addresses.
See Part 9 (states and tribes) for the addresses of applicable states or tribes that
require submission of information to their agencies.
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Multi-Sector General Permit (MSGP)
Part 8 – Sector-Specific Requirements for Industrial Activity
You must comply with the requirements applicable to your industrial sector(s) in this Part, in
addition to the requirements applicable to all facilities in Parts 1 through 7 and the appendices to
the permit.
Subpart A – Sector A – Timber Products.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.A.1
Covered Stormwater Discharges.
The requirements in Subpart A apply to stormwater discharges associated with industrial
activity from Timber Products facilities as identified by the SIC Codes specified under Sector A in
Table D-1 of Appendix D of the permit.
8.A.2
Limitations on Coverage.
8.A.2.1
Prohibition of Discharges. (See also Part 1.1.4) Not covered by this permit: stormwater
discharges from areas where there may be contact with the chemical formulations
sprayed to provide surface protection. These discharges must be covered by a
separate NPDES permit.
8.A.2.2
Authorized Non-Stormwater Discharges. (See also Part 1.1.3) Also authorized by this
permit, provided the non-stormwater component of the discharge is in compliance
with the requirements in Part 2.1.2 (Non-Numeric Effluent Limits): discharges from the
spray down of lumber and wood product storage yards where no chemical additives
are used in the spray-down waters and no chemicals are applied to the wood during
storage.
8.A.3
8.A.3.1
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o. 1 (See also Part 2.1.2.2) In areas where storage, loading and
Good Housekeeping.
N
unloading, and material handling occur, perform good housekeeping to minimize the
Additional Technology-Based Effluent Limits.
discharge of wood debris, leachate generated from decaying wood materials, and
the generation of dust.
8.A.4
Additional SWPPP Requirements.
8.A.4.1
Drainage Area Site Map. (See also Part 5.2.2) Document in your SWPPP where any of
the following may be exposed to precipitation or surface runoff: processing areas,
treatment chemical storage areas, treated wood and residue storage areas, wet
decking areas, dry decking areas, untreated wood and residue storage areas, and
treatment equipment storage areas.
8.A.4.2
Inventory of Exposed Materials. (See also Part 5.2.3.2) Where such information exists, if
your facility has used chlorophenolic, creosote, or chromium-copper-arsenic
formulations for wood surface protection or preserving, document in your SWPPP the
following: areas where contaminated soils, treatment equipment, and stored materials
still remain and the management practices employed to minimize the contact of these
materials with stormwater runoff.
8.A.4.3
Description of Stormwater Management Controls. (See also Part 5.2.4) Document
measures implemented to address the following activities and sources: log, lumber,
and wood product storage areas; residue storage areas; loading and unloading areas;
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material handling areas; chemical storage areas; and equipment and vehicle
maintenance, storage, and repair areas. If your facility performs wood surface
protection and preservation activities, address the specific control measures, including
any BMPs, for these activities.
8.A.5
Additional Inspection Requirements. (See also Part 3.1)
If your facility performs wood surface protection and preservation activities, inspect
processing areas, transport areas, and treated wood storage areas monthly to assess the
usefulness of practices to minimize the deposit of treatment chemicals on unprotected soils and
in areas that will come in contact with stormwater discharges.
8.A.6
Sector-Specific Benchmarks. (See also Part 6)
Table 8.A-1 identifies benchmarks that apply to the specific subsectors of Sector A. These
benchmarks apply to both your primary industrial activity and any co-located industrial
activities.
Table 8.A-1
Subsector
(You may be subject to requirements for more
than one sector/subsector)
Subsector A1. General Sawmills and Planing Mills
(SIC 2421)
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Subsector A3. Log Storage and Handling
(SIC 2411)
Subsector A4. Hardwood Dimension and Flooring
Mills; Special Products Sawmills, not elsewhere
classified; Millwork, Veneer, Plywood, and
Structural Wood; Wood Pallets and Skids; Wood
Containers, not elsewhere classified; Wood
Buildings and Mobile Homes; Reconstituted
Wood Products; and Wood Products Facilities
not elsewhere classified (SIC 2426, 2429, 24312439 (except 2434), 2441, 2448, 2449, 2451, 2452,
2493, and 2499)
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Benchmark
Monitoring
Concentration
120.0 mg/L
6
9/1 100 mg/L
/1
Chemical Oxygen
Demand (COD)
Total Suspended
Solids (TSS)
Total Zinc
(freshwater)2
Total Zinc
(saltwater)1
Total Arsenic
(freshwater)
Total Arsenic
(saltwater)1
Total Copper
(freshwater)2
Total Copper
(saltwater)1
Total Suspended
Solids (TSS)
Chemical Oxygen
Demand (COD)
iew
Subsector A2. Wood Preserving (SIC 2491)
No
Parameter
Total Suspended
Solids (TSS)
Hardness Dependent
0.09 mg/L
0.15 mg/L
0.069 mg/L
Hardness Dependent
0.0048 mg/L
100 mg/L
120.0 mg/L
100.0 mg/L
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Multi-Sector General Permit (MSGP)
1Saltwater
benchmark values apply to stormwater discharges into saline waters where indicated.
The freshwater benchmark values of some metals are dependent on water hardness. For these parameters,
permittees must determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving
Waters for Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable
‘hardness range’ for determining their benchmark value applicable to their facility. Hardness Dependent Benchmarks
follow in the table below:
2
Freshwater Hardness Range
Copper
(mg/L)
Zinc
(mg/L)
0-24.99 mg/L
0.0038
0.04
25-49.99 mg/L
0.0056
0.05
50-74.99 mg/L
0.0090
0.08
75-99.99 mg/L
0.0123
0.11
100-124.99 mg/L
0.0156
0.13
125-149.99 mg/L
0.0189
0.16
150-174.99 mg/L
0.0221
0.18
175-199.99 mg/L
0.0253
0.20
200-224.99 mg/L
0.0285
0.23
225-249.99 mg/L
0.0316
0.25
250+ mg/L
0.0332
0.26
8.A.7
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Effluent Limitations Based on Effluent Limitations Guidelines. (See also Part 6.2.2)
Table 8.A-2 identifies effluent limits that apply to the industrial activities described below.
Compliance with these effluent limits is to be determined based on discharges from these
industrial activities independent of commingling with any other waste streams that may be
covered under this permit.
2
10or
Discharges resulting from spray down
16- deck
intentional wetting of logs at wet
o.
storage areas
N
Industrial Activity
1 Monitor
8.A.7.1
annually.
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Table 8.A-21
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Parameter
Effluent Limitation
pH
Debris (woody material
such as bark, twigs,
branches, heartwood, or
sapwood)
6.0 - 9.0 s.u
No discharge of debris
that will not pass through
a 2.54-cm (1-in.)
diameter round opening
Credit for Pollutants in Intake Water. For discharges that are comprised solely of water
drawn from the same body of water into which the discharges flow and that exceed
an applicable effluent limitation, you may be eligible for a credit to the extent
necessary to meet the limitation. To obtain this credit, you must show that your
discharge would meet the limitation in the absence of the pollutant(s) in the intake
water by demonstrating that the control measures you use to meet the limitation
would, if properly installed and operated, meet the limitations for the pollutant (i.e., the
pollutant level in your discharge is in exceedance of the limitation due to the pollutant
concentration in the source or intake water). You must consult the appropriate EPA
Regional Office for guidance in seeking a pollutant credit under this Part. EPA will notify
you whether you are eligible for the credit, and, if so, provide the scope of such credit.
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Multi-Sector General Permit (MSGP)
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart B – Sector B – Paper and Allied Products.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.B.1
Covered Stormwater Discharges.
The requirements in Subpart B apply to stormwater discharges associated with industrial
activity from Paper and Allied Products Manufacturing facilities, as identified by the SIC Codes
specified under Sector B in Table D-1 of Appendix D of the permit.
8.B.2
Sector-Specific Benchmarks. (See also Part 6)
Table 8.B-1 identifies benchmarks that apply to the specific subsectors of Sector B. These
benchmarks apply to both your primary industrial activity and any co-located industrial
activities.
Table 8.B-1.
Subsector
(You may be subject to requirements for more
than one sector/subsector)
Subsector B1. Paperboard Mills
(SIC Code 2631)
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1
Parameter
Monitoring
Concentration
12/
ed
120 mg/L
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Multi-Sector General Permit (MSGP)
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart C – Sector C – Chemical and Allied Products Manufacturing, and Refining.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.C.1
Covered Stormwater Discharges.
The requirements in Subpart C apply to stormwater discharges associated with industrial
activity from Chemical and Allied Products Manufacturing, and Refining facilities, as identified
by the SIC Codes specified under Sector C in Table D-1 of Appendix D of the permit.
8.C.2
8.C.2.1
Limitations on Coverage.
Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) The following are not
covered by this permit: non-stormwater discharges containing inks, paints, or
substances (hazardous, nonhazardous, etc.) resulting from an onsite spill, including
materials collected in drip pans; wash water from material handling and processing
areas; and wash water from drum, tank or container rinsing and cleaning. (EPA includes
this prohibited non-stormwater discharge here solely as a helpful reminder to the
operator that the only non-stormwater discharges authorized by this permit are at Part
1.1.3.)
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2
d 1 subsectors of Sector C. These
Table 8.C-1 identifies benchmarks that apply to the specific
e
benchmarks apply to both your primary industrialiactivity and any co-located industrial
ew
activities.
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8.C.3
Sector-Specific Benchmarks. (See also Part 6)
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Table 8.C-1.
Subsector
(You may be subject to requirements for
more than one sector/subsector)
Subsector C1. Agricultural Chemicals
(SIC 2873-2879)
Subsector C2. Industrial Inorganic Chemicals
(SIC 2812-2819)
Subsector C3. Soaps, Detergents, Cosmetics,
and Perfumes (SIC 2841-2844)
Subsector C4. Plastics, Synthetics, and Resins
(SIC 2821-2824)
1Saltwater
Benchmark Monitoring
Concentration
Parameter
Nitrate plus Nitrite
Nitrogen
Total Lead (freshwater)2
Total Lead (saltwater)1
Total Iron
Total Zinc (freshwater)2
Total Zinc (saltwater)1
Phosphorus
Total Aluminum
Total Iron
Nitrate plus Nitrite
Nitrogen
Nitrate plus Nitrite
Nitrogen
Total Zinc (freshwater)2
Total Zinc (saltwater)1
Total Zinc (freshwater)2
Total Zinc (saltwater)1
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0.68 mg/L
Hardness Dependent
0.21 mg/L
1.0 mg/L
Hardness Dependent
0.09 mg/L
2.0 mg/L
0.75 mg/L
1.0 mg/L
0.68 mg/L
0.68 mg/L
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Hardness Dependent
0.09 mg/L
Hardness Dependent
0.09 mg/L
benchmark values apply to stormwater discharges into saline waters where indicated.
2The freshwater benchmark values of some metals are dependent on water hardness. For these parameters, permittees
must determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving Waters for
Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable ‘hardness
range’ for determining their benchmark value applicable to their facility. Hardness Dependent Benchmarks follow in the
table below:
Freshwater Hardness
Range
0-24.99 mg/L
25-49.99 mg/L
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Lead
(mg/L)
Zinc
(mg/L)
0.014
0.04
0.023
0.05
50-74.99 mg/L
0.045
0.08
75-99.99 mg/L
0.069
0.11
100-124.99 mg/L
0.095
0.13
125-149.99 mg/L
0.122
0.16
150-174.99 mg/L
0.151
0.18
175-199.99 mg/L
0.182
0.20
200-224.99 mg/L
0.213
0.23
225-249.99 mg/L
0.246
0.25
250+ mg/L
0.262
0.26
8.C.4
Effluent Limitations Based on Effluent Limitations Guidelines. (See also Part 6.2.2.1)
Table 8.C-2 identifies effluent limits that apply to the industrial activities described below.
Compliance with these effluent limits is to be determined based on discharges from these
industrial activities independent of commingling with any other waste streams that may be
covered under this permit.
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Table 8.C-21
Industrial Activity
Runoff from phosphate fertilizer
manufacturing facilities that comes into
contact with any raw materials, finished
product, by-products or waste
products (SIC 2874)
Parameter
Total Phosphorus (as P)
Fluoride
Effluent Limitation
105.0 mg/L, daily maximum
35 mg/L,
30-day avg.
75.0 mg/L,
daily maximum
25.0 mg/L,
30-day avg.
1 Monitor
annually.
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Multi-Sector General Permit (MSGP)
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart D – Sector D – Asphalt Paving and Roofing Materials and Lubricant Manufacturing.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.D.1
Covered Stormwater Discharges.
The requirements in Subpart D apply to stormwater discharges associated with industrial
activity from Asphalt Paving and Roofing Materials and Lubricant Manufacturing facilities, as
identified by the SIC Codes specified under Sector D in Table D-1 of Appendix D of the permit.
8.D.2
Limitations on Coverage.
The following stormwater discharges associated with industrial activity are not authorized
by this permit (see also Part 1.1.4):
8.D.2.1
Stormwater discharges from petroleum refining facilities, including those that
manufacture asphalt or asphalt products, that are subject to nationally established
effluent limitation guidelines found in 40 CFR Part 419 (Petroleum Refining).
6
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The following stormwater discharges associated with industrial activity are not
authorized under Sector D:
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8.D.2.2
Stormwater discharges from oil recycling facilities, which are covered under Sector N
(see Part 8.N); and
8.D.2.3
Stormwater discharges associated with fats and oils rendering, which are covered
under Sector U (see Part 8.U).
8.D.3
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Sector-Specific Benchmarks. (See also Part 6)
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Table 8.D-1 identifies benchmarks that apply to the specific subsectors of Sector D. These
benchmarks apply to both your primary industrial activity and any co-located industrial
activities.
Table 8.D-1.
Subsector
Parameter
Subsector D1. Asphalt Paving and Roofing
Materials (SIC 2951, 2952)
Total Suspended Solids
(TSS)
8.D.4
Benchmark Monitoring
Concentration
100 mg/L
Effluent Limitations Based on Effluent Limitations Guidelines. (See also Part 6.2.2.1)
Table 8.D-2 identifies effluent limitations that apply to the industrial activities described
below. Compliance with these effluent limitations is to be determined based on discharges from
these industrial activities independent of commingling with any other waste streams that may be
covered under this permit.
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Table 8.D-21
Industrial Activity
Parameter
Effluent Limitation
Discharges from asphalt emulsion facilities.
Total Suspended Solids
(TSS)
23.0 mg/L,
daily maximum
15.0 mg/L,
30-day avg.
6.0 - 9.0 s.u.
15.0 mg/L,
daily maximum
10 mg/L,
30-day avg.
pH
Oil and Grease
1Monitor
annually.
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Multi-Sector General Permit (MSGP)
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart E – Sector E – Glass, Clay, Cement, Concrete, and Gypsum Products.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.E.1
Covered Stormwater Discharges.
The requirements in Subpart E apply to stormwater discharges associated with industrial
activity from Glass, Clay, Cement, Concrete, and Gypsum Products facilities, as identified by the
SIC Codes specified under Sector E in Table D-1 of Appendix D of the permit.
8.E.2
8.E.2.1
8.E.3
8.E.3.1
8.E.3.2
8.E.4
Additional Technology-Based Effluent Limits.
Good Housekeeping Measures. (See also Part 2.1.2.2) As part of your good
housekeeping program, prevent or minimize the discharge of spilled cement,
aggregate (including sand or gravel), kiln dust, fly ash, settled dust, or other significant
material in stormwater from paved portions of the site that are exposed to stormwater.
Sweep or vacuum paved surfaces of the site that are exposed to stormwater at regular
intervals or use other equivalent measures (e.g., wash down the area and collect
and/or treat and properly dispose of the washdown water) to minimize the potential
discharge of these materials in stormwater. Indicate in your SWPPP the frequency of
sweeping, vacuuming or other equivalent measures. Determine the frequency based
on the amount of industrial activity occurring in the area and the frequency of
precipitation, but it must be performed at least once a week in areas where cement,
aggregate, kiln dust, fly ash or settled dust are being handled or processed and may
be discharged in stormwater. You must also prevent the exposure of fine granular solids
(e.g., cement, fly ash, kiln dust) to stormwater, where practicable, by storing these
materials in enclosed silos, hoppers, buildings or under other covering.
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Drainage Area Site Map. (See also Part 5.2.2) Document in the SWPPP the locations of
Additional SWPPP Requirements.
the following, as applicable: bag house or other dust control device; recycle/
sedimentation pond, clarifier, or other device used for the treatment of process
wastewater; and the areas that drain to the treatment device.
Discharge Testing. (See also Part 5.2.3.4) For facilities producing ready-mix concrete,
concrete block, brick, or similar products, include in the non-stormwater discharge
testing a description of measures that ensure that process wastewaters resulting from
washing trucks, mixers, transport buckets, forms, or other equipment are discharged in
accordance with NPDES wastewater permit requirements or are recycled.
Sector-Specific Benchmarks. (See also Part 6)
Table 8.E-1 identifies benchmarks that apply to the specific subsectors of Sector E. These
benchmarks apply to both your primary industrial activity and any co-located industrial
activities.
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Multi-Sector General Permit (MSGP)
Table 8.E-1.
Subsector
(You may be subject to requirements for
more than one sector/subsector)
Parameter
Benchmark Monitoring
Concentration
Total Aluminum
0.75 mg/L
Total Suspended Solids
(TSS)
Total Iron
100 mg/L
Subsector E1. Clay Product Manufacturers
(SIC 3251-3259, 3261-3269)
Subsector E2. Concrete and Gypsum
Product Manufacturers (SIC 3271-3275)
8.E.5
1.0 mg/L
Effluent Limitations Based on Effluent Limitations Guidelines. (See also Part 6.2.2.1)
Table 8.E-2 identifies effluent limits that apply to the industrial activities described below.
Compliance with these limits is to be determined based on discharges from these industrial
activities independent of commingling with any other waste streams that may be covered
under this permit.
Table 8.E-21
Effluent
6 Limitation
9/1 50 mg/L, daily
Discharges from material storage piles at
Total Suspended Solids
/1
cement manufacturing facilities (SIC 3241)
(TSS) 12
maximum
d
6.0 - 9.0 s.u.
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Industrial Activity
Parameter
2
2
1Monitor
annually.
untreated overflow from facilities designed, constructed and operated to treat the volume of runoff from materials
storage piles which is associated with a 10-year, 24-hour rainfall event shall not be subject to the pH and TSS limitations
(40 CFR 411.32(b)).
2Any
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Multi-Sector General Permit (MSGP)
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart F – Sector F – Primary Metals.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.F.1
Covered Stormwater Discharges.
The requirements in Subpart F apply to stormwater discharges associated with industrial
activity from Primary Metals facilities, as identified by the SIC Codes specified under Sector F in
Table D-1 of Appendix D of the permit.
8.F.2
8.F.2.1
Additional Technology-Based Effluent Limits.
Good Housekeeping Measures. (See also Part 2.1.2.2) As part of your good
housekeeping program, you must implement a cleaning and maintenance program
for all impervious areas of the facility where particulate matter, dust or debris may
accumulate to minimize the discharge of pollutants in stormwater. The cleaning and
maintenance program must encompass, as appropriate, areas where material loading
and unloading, storage, handling and processing occur.
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Stabilize unpaved areas using vegetation or paving where there is vehicle traffic or
where material loading and unloading, storage, handling and processing occurs,
unless feasible.
2
d 1 dust or debris may
For paved areas of the facility where particulate matter,
we
epollutants in stormwater, implement control
accumulate, to minimize the dischargei
v of
measures such as the following, 4,
where determined to be feasible (list not exclusive):
sweeping or vacuuming at02
-1 regular intervals; and washing down the area and
collecting and/or treating and properly disposing of the washdown water. For
unstabilized areas1 for stabilized areas where sweeping, vacuuming, or washing
. or6 minimize the discharge of particulate matter, dust, or debris or
down is not possible, to
No
other pollutants in stormwater, implement stormwater management devices such as
the following, where determined to be feasible (list not exclusive): sediment traps,
vegetative buffer strips, filter fabric fence, sediment filtering boom, gravel outlet
protection, and other equivalent measures that effectively trap or remove sediment.
8.F.3
Additional SWPPP Requirements.
8.F.3.1
Drainage Area Site Map. (See also Part 5.2.2) Identify in the SWPPP where any of the
following activities may be exposed to precipitation or surface runoff: storage or
disposal of wastes such as spent solvents and baths, sand, slag and dross; liquid storage
tanks and drums; processing areas including pollution control equipment (e.g.,
baghouses); and storage areas of raw material such as coal, coke, scrap, sand, fluxes,
refractories or metal in any form. In addition, indicate where an accumulation of
significant amounts of particulate matter could occur from such sources as furnace or
oven emissions, losses from coal and coke handling operations, etc., and could result in
a discharge of pollutants in stormwater.
8.F.3.2
Inventory of Exposed Material. (See also Part 5.2.3) Include in the inventory of materials
handled at the site that potentially may be exposed to precipitation or runoff areas
where there is the potential for deposition of particulate matter from process air
emissions or losses during material-handling activities.
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8.F.4
Additional Inspection Requirements. (See also Part 3.1)
As part of conducting your routine facility inspections at least quarterly (Part 3.1), address
all potential sources of pollutants, including (if applicable) air pollution control equipment (e.g.,
baghouses, electrostatic precipitators, scrubbers, cyclones), for any signs of degradation (e.g.,
leaks, corrosion, improper operation) that could limit their efficiency and lead to excessive
emissions. Consider monitoring air flow at inlets and outlets (or use equivalent measures) to
check for leaks (e.g., particulate deposition) or blockage in ducts. Also inspect all process and
material handling equipment (e.g., conveyors, cranes and vehicles) for leaks, drips, or the
potential loss of material; and material storage areas (e.g., piles, bins, or hoppers for storing
coke, coal, scrap or slag, as well as chemicals stored in tanks and drums) for signs of material
losses due to wind or stormwater runoff.
8.F.5
Sector-Specific Benchmarks. (See also Part 6)
Table 8.F-1 identifies benchmarks that apply to the specific subsectors of Sector F. These
benchmarks apply to both your primary industrial activity and any co-located industrial
activities.
Table 8.F-1.
Subsector
(You may be subject to requirements for
more than one sector/subsector)
Subsector F1. Steel Works, Blast Furnaces,
and Rolling and Finishing Mills
(SIC 3312-3317)
Subsector F2. Iron and Steel Foundries
(SIC 3321-3325)
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Subsector F3. Rolling, Drawing, and
Extruding of Nonferrous Metals
(SIC 3351-3357)
Subsector F4. Nonferrous Foundries
(SIC 3363-3369)
1Saltwater
Parameter
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9/1 0.75Dependent
/1 Hardness mg/L
Total Aluminum
Total Zinc (freshwater)2
Total Zinc (saltwater)1
Total Aluminum
Total Suspended Solids (TSS)
Total Copper (freshwater)2
Total Copper (saltwater)1
Total Iron
Total Zinc (freshwater)2
Total Zinc (saltwater)1
Total Copper (freshwater)2
Total Copper (saltwater)1
Total Zinc (freshwater)2
Total Zinc (saltwater)1
Total Copper (freshwater)2
Total Copper (saltwater)1
Total Zinc (freshwater)2
Total Zinc (saltwater)1
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Benchmark Monitoring
Concentration
0.09 mg/L
0.75 mg/L
100 mg/L
Hardness Dependent
0.0048 mg/L
1.0 mg/L
Hardness Dependent
0.09 mg/L
Hardness Dependent
0.0048 mg/L
Hardness Dependent
0.09 mg/L
Hardness Dependent
0.0048 mg/L
Hardness Dependent
0.09 mg/L
benchmark values apply to stormwater discharges into saline waters where indicated.
The freshwater benchmark values of some metals are dependent on water hardness. For these parameters, permittees
must determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving Waters for
Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable ‘hardness
range’ for determining their benchmark value applicable to their facility. Hardness Dependent Benchmarks follow in the
table below:
2
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Freshwater Hardness Range
Copper
(mg/L)
Zinc
(mg/L)
0-24.99 mg/L
0.0038
0.04
25-49.99 mg/L
0.0056
0.05
50-74.99 mg/L
0.0090
0.08
75-99.99 mg/L
0.0123
0.11
100-124.99 mg/L
0.0156
0.13
125-149.99 mg/L
0.0189
0.16
150-174.99 mg/L
0.0221
0.18
175-199.99 mg/L
0.0253
0.20
200-224.99 mg/L
0.0285
0.23
225-249.99 mg/L
0.0316
0.25
250+ mg/L
0.0332
0.26
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Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart G – Sector G – Metal Mining.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
Note: Where compliance with a requirement in a separate exploration permit, mining permit,
reclamation plan, Surface Mining Control and Reclamation Act (SMCRA) requirements, etc. will
result in you fully meeting any requirement in this Subpart, you are considered to have complied
with the relevant requirement in this Subpart. You must include documentation in your SWPPP
describing your rationale for concluding that any particular action on your part is sufficient to
comply with the corresponding requirement in this Subpart.
8.G.1
Covered Stormwater Discharges.
The requirements in Subpart G apply to stormwater discharges associated with industrial
activity from Metal Mining facilities, including mines abandoned on Federal lands, as identified
by the SIC Codes specified under Sector G in Table D-1 of Appendix D. Coverage is required for
metal mining facilities that discharge stormwater contaminated by contact with, or that has
come into contact with, any overburden, raw material, intermediate product, finished product,
byproduct, or waste product located on the site of the operation.
8.G.1.1
8.G.1.2
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d 1 Facilities. Only the
e
Covered Discharges from Active and Temporarily Inactive
ew
stormwater discharges from the following areas are covered:
• Waste rock and overburden piles if composed entirely of stormwater and not
, vi
combined with mine drainage;
024
• Topsoil piles;
-1
• Offsite haul and 6
access roads;
• Onsite haul and access roads constructed of waste rock, overburden or spent ore if
o. 1 of stormwater and not combining with mine drainage;
N
composed entirely
Covered Discharges from Inactive Facilities. All stormwater discharges.
•
•
•
•
•
•
•
•
•
•
•
•
•
Onsite haul and access roads not constructed of waste rock, overburden or spent
ore except if mine drainage is used for dust control;
Runoff from tailings dams or dikes when not constructed of waste rock or tailings
and no process fluids are present;
Runoff from tailings dams or dikes when constructed of waste rock or tailings and
no process fluids are present, if composed entirely of stormwater and not
combining with mine drainage;
Concentration building if no contact with material piles;
Mill site if no contact with material piles;
Office or administrative building and housing if mixed with stormwater from
industrial area;
Chemical storage area;
Docking facility if no excessive contact with waste product that would otherwise
constitute mine drainage;
Explosive storage;
Fuel storage;
Vehicle and equipment maintenance area and building;
Parking areas (if necessary);
Power plant;
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•
•
•
•
Truck wash areas if no excessive contact with waste product that would otherwise
constitute mine drainage;
Unreclaimed, disturbed areas outside of active mining area;
Reclaimed areas released from reclamation requirements prior to December 17,
1990;
Partially or inadequately reclaimed areas or areas not released from reclamation
requirements.
8.G.1.3
Covered Discharges from Earth-Disturbing Activities Conducted Prior to Active Mining
Activities. All stormwater discharges.
8.G.1.4
Covered Discharges from Facilities Undergoing Reclamation. All stormwater discharges.
8.G.2
8.G.2.1
Limitations on Coverage.
Prohibition of Stormwater Discharges. Stormwater discharges not authorized by this
permit: discharges from active metal mining facilities that are subject to effluent
limitation guidelines for the Ore Mining and Dressing Point Source Category (40 CFR Part
440).
Note: Stormwater runoff from these sources are subject to 40 CFR Part 440 if they are
mixed with other discharges subject to Part 440. In this case, they are not eligible for
coverage under this permit. Discharges from overburden/waste rock and
overburden/waste rock-related areas are not subject to 40 CFR Part 440 unless they:
(1) drain naturally (or are intentionally diverted) to a point source; and (2) combine
with ''mine drainage'' that is otherwise regulated under the Part 440 regulations. For
such sources, coverage under this permit would be available if the discharge
composed entirely of stormwater does not combine with other sources of mine
drainage that are not subject to 40 CFR Part 440, and meets the other eligibility criteria
contained in Part 1.1 of the permit. Operators bear the initial responsibility for
determining if they are eligible for coverage under this permit, or must seek coverage
under another NPDES permit. EPA recommends that operators contact the relevant
NPDES permit issuance authority for assistance to determine the nature and scope of
the ''active mining area'' on a mine-by-mine basis, as well as to determine the
appropriate permitting mechanism for authorizing such discharges.
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Prohibition of Non-Stormwater Discharges. Not authorized by this permit: adit drainage,
and contaminated springs or seeps discharging from waste rock dumps that do not
directly result from precipitation events (see also the standard Limitations on Coverage
in Part 1.1.4). (EPA includes these prohibited non-stormwater discharges here solely as a
helpful reminder to the operator that the only non-stormwater discharges authorized by
this permit are at Part 1.1.3)
Definitions.
The following definitions are not intended to supersede the definitions of active and
inactive mining facilities established by 40 CFR 122.26(b)(14)(iii).
8.G.3.1
Mining operations – For this permit, mining operations are grouped into two distinct
categories, with distinct effluent limits and requirements applicable to each: a) earthdisturbing activities conducted prior to active mining activities); and b) active mining
activities, which includes reclamation. “Mining operations” can occur at both inactive
mining facilities and temporarily inactive mining facilities.
8.G.3.2
Earth-disturbing activities conducted prior to active mining activities – Consists of two
classes of earth-disturbing (i.e., clearing, grading and excavation) activities:
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a. activities performed for purposes of mine site preparation, including: cutting new
rights of way (except when related to access road construction); providing access to a
mine site for vehicles and equipment (except when related to access road
construction); other earth disturbances associated with site preparation activities on
any areas where active mining activities have not yet commenced (e.g., for heap
leach pads, waste rock facilities, tailings impoundments, wastewater treatment plants);
and
b. construction of staging areas to prepare for erecting structures such as to house
project personnel and equipment, mill buildings, etc., and construction of access
roads. Earth-disturbing activities associated with the construction of staging areas and
the construction of access roads conducted prior to active mining are considered to
be “construction” and have additional effluent limits in Part 8.G.4.2.
8.G.3.3
Active mining activities – Activities related to the extraction, removal or recovery, and
benefication of metal ore from the earth; removal of overburden and waste rock to
expose mineable minerals; and site reclamation and closure activities. All such activities
occur within the “active mining area.” Reclamation involves activities undertaken, in
compliance with applicable mined land reclamation requirements, to return the land
to an appropriate post-mining contour and land use in order to meet applicable
federal and state reclamation requirements. In addition, once earth-disturbing activities
conducted prior to active mining activities have ceased and all related requirements in
Part 8.G.4 have been met, and a well-delineated “active mining area” has been
established, all activities (including any clearing, grading, and excavation) that occur
within the active mining area are “active mining activities.”
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8.G.3.4
2
d 1 related to the extraction,
Active mining area – A place where work or other activity
e
removal or recovery of metal ore is being conducted, except, with respect to surface
ew has been completed to return the earth
mines, any area of land on or in which grading
vi
, work has begun.
4
to desired contour and reclamation
02described in the definition in Part 8.G.3.2 that occur on
Note: Earth-disturbing activities
6-1 area (e.g., for expansion of the mine into undeveloped
areas outside the 1
. active mining
territory) are o
considered “earth-disturbing conducted prior to active mining activities”,
N
and must comply with the requirements in Part 8.G.4.
8.G.3.5
Inactive metal mining facility – A site or portion of a site where metal mining and/or
milling occurred in the past but there are no active mining activities occurring as
defined above, and where the inactive portion is not covered by an active mining
permit issued by the applicable state or federal agency. An inactive metal mining
facility has an identifiable owner / operator. Sites where mining claims are being
maintained prior to disturbances associated with the extraction, beneficiation, or
processing of mined materials and sites where minimal activities are undertaken for the
sole purpose of maintaining a mining claim are not considered either active or inactive
mining facilities and do not require an NPDES industrial stormwater permit.
8.G.3.6
Temporarily inactive metal mining facility – A site or portion of a site where metal
mining and/or milling occurred in the past but currently are not being actively
undertaken, and the facility is covered by an active mining permit issued by the
applicable state or federal agency.
8.G.4
Requirements Applicable to Earth-Disturbing Activities Conducted Prior to Active Mining
Activities.
Stormwater discharges from earth-disturbing activities conducted prior to active mining
activities (defined in Part 8.G.3.2) are covered under this permit. For such earth-disturbing
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activities, you must comply with all applicable requirements in Parts 1-9 of the MSGP except for
the technology-based effluent limits in Part 8.G.5 and Part 2.1.2, the inspection requirements in
Part 8.G.7 and Part 3, and the monitoring requirements in Part 8.G.8 and Part 6.
Authorized discharges from areas where earth-disturbing activities have ceased and
stabilization as specified in Part 8.G.4.1.9 or 8.G.4.2.11, where appropriate, has been completed
(stabilization is not required for areas where active mining activities will occur), are no longer
subject to the Part 8.G.4 requirements. At such time, authorized discharges become subject to
all other applicable requirements in the MSGP, including the effluent limits in Parts 2.1.2 and
8.G.5, the inspection requirements in Parts 3 and 8.G.7, and the monitoring requirements in Parts
6 and 8.G.8.
8.G.4.1
Technology-Based Effluent Limits Applicable to All Earth-Disturbing Activities Conducted
Prior to Active Mining Activities. The following technology-based effluent limits apply to
authorized discharges from all earth-disturbing activities conducted prior to active
mining activities defined in Part 8.G.3.2(a) and 8.G.3.2(b). These limits supersede the
technology-based limits listed in Part 2.1.2 and Part 8.G.5 of the MSGP.
8.G.4.1.1 Erosion and sediment control installation requirements.
• By the time construction activities commence, install and make
operational downgradient sediment controls, unless this timeframe is
infeasible. If infeasible you must install and make such controls operational
as soon as practicable or as soon as site conditions permit.
• All other stormwater controls described in the SWPPP must be installed
and made operational as soon as conditions on each portion of the site
allows.
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Erosion and sediment control maintenance requirements. You must:
e
• Ensure that all erosion andiew
sediment controls remain in effective operating
condition.
4, vthat a stormwater control needs maintenance
• Wherever you determine
2
to continue10
operating effectively, initiate efforts to fix the problem
immediately after its discovery, and complete such work by the end of
16- day.
o. next stormwater control must be replaced or significantly repaired,
N the work
• When a
complete the work within 7 days, unless infeasible. If 7 days is infeasible,
you must complete the installation or repair as soon practicable.
8.G.4.1.3 Perimeter controls. You must:
• Install sediment controls along those perimeter areas of your disturbed
area that will receive stormwater, except where site conditions prevent
the use of such controls (in which case, maximize their installation to the
extent practicable).
• Remove sediment before it accumulates to one-half of the above-ground
height of any perimeter control.
8.G.4.1.4 Sediment track-out. For construction vehicles and equipment exiting the site
directly onto paved roads, you must:
• Use appropriate stabilization techniques to minimize sediment track-out
from vehicles and equipment prior to exit;
• Use additional controls to remove sediment from vehicle and equipment
tires prior to exit, where necessary;
• Remove sediment that is tracked out onto paved roads by end of the
work day.
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Note: EPA recognizes that some fine grains may remain visible on the surfaces
of off-site streets, other paved areas, and sidewalks even after you have
implemented sediment removal practices. Such “staining” is not a violation of
Part 8.G.4.1.4.
8.G.4.1.5 Soil or sediment stockpiles. You must:
• Minimize erosion of stockpiles from stormwater and wind via temporary
cover, if feasible.
• Prevent up-slope stormwater flows from causing erosion of stockpiles (e.g.,
by diverting flows around the stockpile).
• Minimize sediment from stormwater that runs off of stockpiles, using
sediment controls (e.g., a sediment barrier or downslope sediment
control).
8.G.4.1.6 Sediment basins. If you intend to install a sediment basin to treat stormwater
from your earth-disturbing activities, you must:
• Provide storage for either (1) the 2-year, 24-hour storm, or (2) 3,600 cubic
feet per acre drained.
• Prevent erosion of (1) basin embankments using stabilization controls (e.g.,
erosion control blankets), and (2) the inlet and outlet points of the basin
using erosion controls and velocity dissipation devices.
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8.G.4.1.7 Minimize dust. You must minimize the generation of dust through the
appropriate application of water or other dust suppression techniques that
minimize pollutants being discharged into surface waters.
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8.G.4.1.8 Restrictions on use of treatment chemicals. If you intend to use sediment
treatment chemicals at your site, you are subject to the following minimum
requirements:
• Use conventional erosion and sediment controls prior to and after
application of chemicals;
• Select chemicals suited to soil type, and expected turbidity, pH, flow rate;
• Minimize the discharge risk from stored chemicals;
• Comply with state/local requirements;
• Use chemicals in accordance with good engineering practices and
specifications of chemical supplier;
• Ensure proper training;
• Provide proper SWPPP documentation.
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If you plan to use cationic treatment chemicals (as defined in Appendix A),
you are ineligible for coverage under this permit, unless you notify your
applicable EPA Regional Office in advance and the EPA Regional Office
authorizes coverage under this permit after you have included appropriate
controls and implementation procedures designed to ensure that your use of
cationic treatment chemicals will not lead to a violation of water quality
standards.
8.G.4.1.9 Site stabilization requirements for earth-disturbing activities performed for
purposes of mine site preparation as defined in 8.G.3.2(a) (i.e., not applicable
to construction of staging areas for structures and access roads as defined in
8.G.3.2(b)). You must comply with the following stabilization requirements
except where the intended function of the site accounts for such disturbed
earth (e.g., the earth disturbances will become actively mined, or the controls
implemented at the active mining area effectively control the disturbance)
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(although you are encouraged to do so within the active mining area, where
appropriate):
• Temporary stabilization of disturbed areas. Stabilization measures must be
initiated immediately in portions of the site where earth-disturbing
activities performed for purposes of mine site preparation (as defined in
8.G.3.2(a)) have temporarily ceased, but in no case more than 14 days
after such activities have temporarily ceased. In arid, semi-arid, and
drought-stricken areas, or in areas subject to snow or freezing conditions,
where initiating perennial vegetative stabilization measures is not possible
within 14 days after earth-disturbing activities performed for purposes of
mine site preparation has temporarily ceased, temporary vegetative
stabilization measures must be initiated as soon as practicable. Until
temporary vegetative stabilization is achieved, interim measures such as
erosion control blankets with an appropriate seed base and tackifiers
must be employed. In areas of the site where earth-disturbing activities
performed for purposes of mine site preparation have permanently
ceased prior to active mining, temporary stabilization measures must be
implemented to minimize mobilization of sediment or other pollutants until
active mining activities commence.
• Final stabilization of disturbed areas. Stabilization measures must be
initiated immediately where earth-disturbing activities performed for
purposes of mine site preparation (as defined in 8.G.3.2(a)) have
permanently ceased, but in no case more than 14 days after the earthdisturbing activities have permanently ceased. In arid, semi-arid, and
drought-stricken areas, or in areas subject to snow or freezing conditions,
where initiating perennial vegetative stabilization measures is not possible
within 14 days after earth-disturbing activities have permanently ceased,
final vegetative stabilization measures must be initiated as soon as
possible. Until final stabilization is achieved, temporary stabilization
measures, such as erosion control blankets with an appropriate seed base
and tackifiers, must be used.
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Additional Technology-Based Effluent Limits Applicable Only to the Construction of
N
Staging Areas for Structures and Access Roads. The following technology-based
effluent limits apply to authorized discharges from earth-disturbing activities associated
with the construction of staging areas and the construction of access roads, as defined
in Part 8.G.3.2(b). These limits supersede the technology-based limits listed in Part 2.1.2
and Part 8.G.5 of the MSGP. These limits do not apply to earth-disturbing activities
performed for purposes of mine site preparation (as defined in 8.G.3.2(a)).
8.G.4.2.1 Area of disturbance. You must minimize the amount of soil exposed during
construction activities.
8.G.4.2.2 Erosion and sediment control design requirements. You must:
• Design, install and maintain effective erosion and sediment controls to
minimize the discharge of pollutants from construction activities. Account
for the following factors in designing your erosion and sediment controls:
o The expected amount, frequency, intensity and duration of
precipitation;
o The nature of stormwater runoff and run-on at the site, including
factors such as impervious surfaces, slopes and site drainage
features;
o The range of soil particle sizes expected to be present on the site.
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•
•
•
Direct discharges from your stormwater controls to vegetated areas of
your site to increase sediment removal and maximize stormwater
infiltration, including any natural buffers, unless infeasible. Use velocity
dissipation devices if necessary to prevent erosion when directing
stormwater to vegetated areas.
If any stormwater flow becomes or will be channelized at your site, you
must design erosion and sediment controls to control both peak flowrates
and total stormwater volume to minimize channel and streambank
erosion and scour in the immediate vicinity of discharge points.
If you install stormwater conveyance channels, they must be designed to
avoid unstabilized areas on the site and to reduce erosion, unless
infeasible. In addition, you must minimize erosion of channels and their
embankments, outlets, adjacent streambanks, slopes, and downstream
waters during discharge conditions through the use of erosion controls
and velocity dissipation devices within and along the length of any
constructed stormwater conveyance channel, and at any outlet to
provide a non-erosive flow velocity.
8.G.4.2.3 Natural Buffers. For any stormwater discharges from construction activities
within 50 feet of a water of the U.S., you must comply with one of the
following compliance alternatives:
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1. Provide a 50-foot undisturbed natural buffer between construction
activities and the water of the U.S.; or
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supplemented by additional erosion and sediment controls, which in
combination, achieve a sediment load reduction that is equivalent to a
50-foot undisturbed natural buffer; or
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3. If it is infeasible to provide an undisturbed natural buffer of any size,
implement erosion and sediment controls that achieve a sediment load
reduction that is equivalent to a 50-foot undisturbed natural buffer.
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There are exceptions when buffer requirements do not apply:
•
•
•
•
There is no stormwater discharge from construction disturbances to a
water of the U.S;
The natural buffer has already been eliminated by preexisting
development disturbances;
The disturbance is for the construction of a water-dependent structure or
construction approved under a CWA section 404 permit;
For linear construction projects, you are not required to comply with the
requirements if there are site constraints provided that, to the extent
feasible, you limit disturbances within 50 feet of a water of the U.S. and/or
you provide supplemental erosion and sediment controls to treat
stormwater discharges from any disturbances within 50 feet of a water of
the U.S.
See
http://water.epa.gov/polwaste/npdes/stormwater/upload/cgp2012_append
ixg.pdf for guidance on complying with these alternatives.
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8.G.4.2.4 Soil or sediment stockpiles. In addition to the requirements in Part 8.G.4.1.5,
you must locate any piles outside of any natural buffers established under Part
8.G.4.2.3.
8.G.4.2.5 Sediment basins. In addition to the requirements in Part 8.G.4.1.6, you must
locate sediment basins outside of any surface waters and any natural buffers
established under Part 8.G.4.2.3, and you must utilize outlet structures that
withdraw water from the surface, unless infeasible.
8.G.4.2.6 Native topsoil preservation. You must preserve native topsoil removed during
clearing, grading, or excavation, unless infeasible. Store topsoil in a manner
that will maximize its use in reclamation or final vegetative stabilization (e.g.,
by keeping the topsoil stabilized with seed or similar measures). This
requirement does not apply if the intended function of the disturbed area
dictates that topsoil be disturbed or removed.
8.G.4.2.7 Steep slopes. You must minimize the disturbance of steep slopes. The permit
does not prevent or prohibit disturbance on steep slopes.
Depending on site conditions and needs, disturbance on steep slopes may
be necessary (e.g., a road cut in mountainous terrain; for grading steep
slopes prior to erecting the mine office). Where steep slope disturbances are
necessary, you can minimize the disturbances to steep slopes through the
implementation of a number of standard erosion and sediment control
practices, such as by phasing disturbances in these areas and using
stabilization practices specifically for steep grades.
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8.G.4.2.8 Soil compaction. Where final vegetative stabilization will occur or where
infiltration practices will be installed, you must either restrict vehicle/
equipment use in these areas to avoid soil compaction or use soil
conditioning techniques to support vegetative growth. Minimizing soil
compaction is not required where compacted soil is integral to the
functionality of the site.
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8.G.4.2.9 Dewatering Practices. You are prohibited from discharging ground water or
accumulated stormwater that is removed from excavations, trenches,
foundations, vaults or other similar points of accumulation, unless such waters
are first effectively managed by appropriate controls (e.g., sediment basins or
sediment traps, sediment socks, dewatering tanks, tube settlers, weir tanks, or
filtration systems). Uncontaminated, non-turbid dewatering water can be
discharged without being routed to a control.
You must also meet the following requirements for dewatering activities:
• Discharge requirements:
o No discharging visible floating solids or foam;
o Remove oil, grease and other pollutants from dewatering water via an
oil-water separator or suitable filtration device (such as a cartridge
filter);
o Utilize vegetated upland areas of the site, to the extent feasible, to
infiltrate dewatering water before discharge. In no case shall waters of
the U.S. be considered part of the treatment area;
o Implement velocity dissipation devices at all points where dewatering
water is discharged;
o Haul backwash water away for disposal or return it to the beginning of
the treatment process; and
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Clean or replace the filter media used in dewatering devices when
the pressure differential equals or exceeds the manufacturer’s
specifications.
Treatment chemical restrictions: If you use polymers, flocculants or other
chemicals to treat dewatering water, you must comply with the
requirements in Parts 8.G.4.1.8.
o
•
8.G.4.2.10 Pollution prevention requirements.
• Prohibited discharges (this non-exhaustive list of prohibited nonstormwater discharges is included here as a reminder that only the only
allowable non-stormwater discharges are those enumerated in Part 1.1.3):
o Wastewater from washout of concrete;
o Wastewater from washout and cleanout of stucco, paint, form release
oils, curing compounds, and other construction materials;
o Fuels, oils, or other pollutants used for operation and maintenance of
vehicles or equipment;
o Soaps, solvents, or detergents used in vehicle or equipment washing;
o Toxic or hazardous substances from a spill or other release.
• Design and location requirements: Minimize the discharge of pollutants
from pollutant sources by:
o Minimizing exposure;
o Using secondary containment, spill kits, or other equivalent measures;
o Locating pollution sources away from surface waters, storm sewer
inlets, and drainageways;
o Cleaning up spills immediately (do not clean by hosing area down).
• Pollution prevention requirements for wash waters: Minimize the discharge
of pollutants from equipment and vehicle washing, wheel wash water,
and other wash waters. Wash waters must be treated in a sediment basin
or alternative control that provides equivalent or better treatment prior to
discharge;
• Pollution prevention requirements for the storage, handling, and disposal
of construction products, materials, and wastes: Minimize the exposure of
building materials, building products, construction wastes, trash,
landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary
waste, and other materials present on the site to stormwater. Minimization
of exposure is not required in cases where the exposure to stormwater will
not result in a discharge of pollutants, or where exposure of a specific
material or product poses little risk of stormwater contamination (such as
final products and materials intended for outdoor use).
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8.G.4.2.11 Site Stabilization requirements for the construction of staging areas for
structures and access roads as defined in 8.G.3.2(b) (i.e., not applicable to
earth-disturbing activities performed for purposes of mine site preparation as
defined in 8.G.3.2(a)). You must comply with the following stabilization
requirements, except where the intended function of the site accounts for
such disturbed earth (e.g., the area of construction will become actively
mined, or the controls implemented at the active mining area effectively
control the disturbance):
• By no later than the end of the next work day after construction work in
an area has stopped permanently or temporarily (“temporarily” means
the land will be idle for a period of 14 days or more but earth-disturbing
activities will resume in the future), immediately initiate stabilization
measures;
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•
•
If using vegetative measures, by no later than 14 days after initiating
stabilization:
o Seed or plant the area, and provide temporary cover to protect the
planted area;
o Once established, vegetation must be uniform, perennial (if final
stabilization), and cover at least 70% of stabilized area based on
density of native vegetation.
If using non-vegetative stabilization, by no later than 14 days after
initiating stabilization:
o Install or apply all non-vegetative measures;
o Cover all areas of exposed soil.
Note: For the purposes of this permit, EPA will consider any of the following
types of activities to constitute the initiation of stabilization: 1. Prepping the
soil for vegetative or non-vegetative stabilization; 2. Applying mulch or
other non-vegetative product to the exposed area; 3. Seeding or planting
the exposed area; 4. Starting any of the activities in # 1 – 3 on a portion of
the area to be stabilized, but not on the entire area; and 5. Finalizing
arrangements to have stabilization product fully installed in compliance
with the applicable deadline for completing stabilization.
Exceptions:
• Arid, semi-arid (if construction occurs during seasonally dry period), or
drought-stricken areas:
o Within 14 days of stopping construction work in an area, install any
necessary non-vegetative stabilization measures;
o Initiate vegetative stabilization as soon as conditions on the site allow;
o Document the schedule that will be followed for initiating and
completing vegetative stabilization;
o Plant the area so that within 3 years the 70% cover requirement is met.
• Sites affected by severe storm events or other unforeseen circumstances:
o Initiate vegetative stabilization as soon conditions on the site allow;
o Document the schedule that will be followed for initiating and
completing vegetative stabilization;
o Plant the area so that so that within 3 years the 70% cover requirement
is met.
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Water Quality-Based Requirements Applicable to Earth-Disturbing Activities Conducted
Prior to Active Mining Activities.
The following water quality-based limits apply to earth-disturbing activities conducted
prior to active mining activities defined in Part 8.G.3.2(a) and 8.G.3.2(b), in addition to
the water quality-based limits in Part 2.2 of the MSGP.
Stricter requirements apply if your site will discharge to an impaired water or a water
that is identified by your state, tribe, or EPA as a Tier 2 or Tier 2.5 for antidegradation
purposes:
• More rapid stabilization of exposed areas: Complete initial stabilization activities
within 7 days of stopping earth-disturbing work.
• More frequent site inspections: Once every 7 days and within 24 hours of a storm
event of 0.25 inches or greater.
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8.G.4.4
Inspection Requirements Applicable to Earth-Disturbing Activities Conducted Prior to
Active Mining Activities.
The following requirements supersede the inspection requirements in Part 3 and 8.G.7
of the MSGP for earth-disturbing activities conducted prior to active mining activities
defined in Part 8.G.3.2(a) and 8.G.3.2(b).
8.G.4.4.1 Inspection frequency
• At least once every 7 calendar days, or
• Once every 14 calendar days and within 24 hours of a storm event of 0.25
inches or greater.
Note:
o Inspections only required during working hours;
o Inspections not required during unsafe conditions; and
o If you choose to inspect once every 14 days, you must have a method
for measuring rainfall amount on site (either rain gauge or
representative weather station)
Note: To determine if a storm event of 0.25 inches or greater has occurred on your site,
you must either keep a properly maintained rain gauge on your site, or obtain the storm
event information from a weather station that is representative of your location. For any
day of rainfall during normal business hours that measures 0.25 inches or greater, you
must record the total rainfall measured for that day.
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Note: You are required to specify in your SWPPP which schedule you will be following.
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Note: “Within 24 hours of the occurrence of a storm event” means that you are required
to conduct an inspection within 24 hours once a storm event has produced 0.25 inches,
even if the storm event is still continuing. Thus, if you have elected to inspect bi-weekly
and there is a storm event at your site that continues for multiple days, and each day of
the storm produces 0.25 inches or more of rain, you are required to conduct an
inspection within 24 hours of the first day of the storm and within 24 hours after the end
of the storm.
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8.G.4.4.2 Reductions in inspection frequency.
• Stabilized areas: You may reduce the frequency of inspections to once
per month in any area of your site where stabilization has occurred
pursuant to Part 8.G.4.1.9 or 8.G.4.2.11.
• Arid, semi-arid, and drought stricken areas: If earth-disturbing activities are
occurring during the seasonally dry period or during a period in which
drought is predicted to occur, you may reduce inspections to once per
month and within 24 hours of a 0.25 inch storm event.
• Frozen conditions: You may temporarily suspend or reduce inspections to
once per month until thawing conditions occur if frozen conditions are
continuous and disturbed areas have been stabilized. For extreme
conditions in remote areas, e.g., where transit to the site is
perilous/restricted or temperatures are routinely below freezing, you may
suspend inspections until the conditions are conducive to safe access,
and more frequent inspections can resume.
8.G.4.4.3 Areas to be inspected. You must at a minimum inspect the all of the following
areas:
• Disturbed areas;
• Stormwater controls and pollution prevention measures;
• Locations where stabilization measures have been implemented;
• Material, waste, borrow, or equipment storage and maintenance areas;
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•
•
Areas where stormwater flows;
Points of discharge.
8.G.4.4.4 What to check for during inspections. At a minimum you must check:
• Whether all stormwater controls are installed, operational and working as
intended;
• Whether any new or modified stormwater controls are needed;
• For conditions that could lead to a spill or leak;
• For visual signs of erosion/sedimentation at points of discharge.
If a discharge is occurring, check:
• The quality and characteristics of the discharge;
• Whether controls are operating effectively.
8.G.4.4.5 Inspection report. Within 24 hours of an inspection, complete a report that
includes:
• Inspection date;
• Name and title of inspector(s);
• Summary of inspection findings;
• Rainfall amount that triggered the inspection (if applicable);
• If it was unsafe to inspect a portion of the site, include documentation of
the reason and the location(s);
• Each inspection report must be signed;
• Keep a current copy of all reports at the site or at an easily accessible
location.
8.G.5
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Technology-Based Effluent Limits for Active Mining Activities.
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Note: These requirements do not apply for any discharges from earth-disturbing activities
conducted prior to active mining as defined in 8.G.3.2(a) or 8.G.3.2(b).
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8.G.5.1
Employee training. (See also Part 2.1.2.8) Conduct employee training at least annually
at active and temporarily inactive facilities.
8.G.5.2
Stormwater controls. Apart from the control measures you implement to meet your Part
2 technology-based effluent limits, where necessary to minimize pollutant discharges in
stormwater, implement the following control measures at your site. The potential
pollutants identified in Part 8.G.6.3 shall determine the priority and appropriateness of
the control measures selected. For mines subject to dust control requirements under
state or county air quality permits, provided the requirements are equivalent,
compliance with such air permit dust requirements shall constitute compliance with the
dust control effluent limit in Part 2.1.2.10.
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Stormwater diversions: Divert stormwater away from potential pollutant sources through
implementation of control measures such as the following, where determined to be
feasible (list not exclusive): interceptor or diversion controls (e.g., dikes, swales, curbs,
berms); pipe slope drains; subsurface drains; conveyance systems (e.g., channels or
gutters, open-top box culverts, and waterbars; rolling dips and road sloping; roadway
surface water deflector and culverts); or their equivalents.
Capping: When capping is necessary to minimize pollutant discharges in stormwater,
identify the source being capped and the material used to construct the cap.
Treatment: If treatment of stormwater (e.g., chemical or physical systems, oil - water
separators, artificial wetlands) is necessary to protect water quality, describe the type
and location of treatment used. Passive and/or active treatment of stormwater runoff is
encouraged, where feasible. Treated runoff may be discharged as a stormwater
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source regulated under this permit provided the discharge is not combined with
discharges subject to effluent limitation guidelines for the Ore Mining and Dressing Point
Source Category (40 CFR Part 440).
8.G.5.3
8.G.6
Discharge testing. (See also Part 5.2.3.4) Test or evaluate all outfalls covered under this
permit for the presence of specific mining-related but unauthorized non-stormwater
discharges such as seeps or adit discharges, or discharges subject to effluent limitations
guidelines (e.g., 40 CFR Part 440), such as mine drainage or process water. Alternatively
(if applicable), you may keep a certification with your SWPPP consistent with Part
8.G.6.6.
Additional SWPPP Requirements for Mining Operations.
Note: The requirements in Part 8.G.6 are not applicable to inactive metal mining facilities.
8.G.6.1
Nature of industrial activities. (See also Part 5.2.2) Briefly document in your SWPPP the
mining and associated activities that can potentially affect the stormwater discharges
covered by this permit, including a general description of the location of the site
relative to major transportation routes and communities.
8.G.6.2
Site map. (See also Part 5.2.2) Document in your SWPPP the locations of the following
(as appropriate): mining or milling site boundaries; access and haul roads; outline of the
drainage areas of each stormwater outfall within the facility with indications of the
types of discharges from the drainage areas; location(s) of all permitted discharges
covered under an individual NPDES permit; outdoor equipment storage, fueling, and
maintenance areas; materials handling areas; outdoor manufacturing, outdoor
storage, and material disposal areas; outdoor chemicals and explosives storage areas;
overburden, materials, soils, or waste storage areas; location of mine drainage (where
water leaves mine) or other process water; tailings piles and ponds (including proposed
ones); heap leach pads; off-site points of discharge for mine drainage and process
water; surface waters; boundary of tributary areas that are subject to effluent
limitations guidelines; and location(s) of reclaimed areas.
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102 also Part 5.2.3) For each area of the mine or mill site
Potential pollutant16
sources. (See
where stormwater discharges associated with industrial activities occur, identify the
o. (e.g., heavy metals, sediment) likely to be present in significant
N
types of pollutants
amounts. Consider these factors: the mineralogy of the ore and waste rock (e.g., acid
forming); toxicity and quantity of chemicals used, produced, or discharged; the
likelihood of contact with stormwater; vegetation of site (if any); and history of
significant leaks or spills of toxic or hazardous pollutants. Also include a summary of any
existing ore or waste rock or overburden characterization data and test results for
potential generation of acid rock. If any new data is acquired due to changes in ore
type being mined, update your SWPPP with this information.
8.G.6.4
Documentation of control measures. Document all control measures that you
implement consistent with Part 8.G.5.2. If control measures are implemented or
planned but are not listed in Part 8.G.5.2 (e.g., substituting a less toxic chemical for a
more toxic one), include descriptions of them in your SWPPP. If you are in compliance
with dust control requirements under state or county air quality permits, you must
include (or summarize, as necessary) what the state or county air quality permit dust
control requirements are and how you’ve achieved compliance with them.
8.G.6.5
Employee training. All employee training(s) must be documented in the SWPPP.
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8.G.6.6
8.G.7
Certification of permit coverage for commingled non-stormwater discharges. If you are
able, consistent with Part 8.G.5.3 above, to certify that a particular discharge
composed of commingled stormwater and non-stormwater is covered under a
separate NPDES permit, and that permit subjects the non-stormwater portion to effluent
limitations prior to any commingling, retain such certification with your SWPPP. This
certification must identify the non-stormwater discharges, the applicable NPDES
permit(s), the effluent limitations placed on the non-stormwater discharge by the
permit(s), and the points at which the limitations are applied.
Additional Inspection Requirements. (See also Part 3.1)
Except for earth-disturbing activities conducted prior to active mining activities as
defined in Part 8.G.3.2(a) and 8.G.3.2(b), which are subject to Part 8.G.4.4, inspect sites at least
quarterly unless adverse weather conditions make the site inaccessible. Sites which discharge to
waters designated as Tier 2 or 2.5 or waters which are impaired for sediment or nitrogen must be
inspected monthly. See Part 8.G.8.4 for inspection requirements for inactive and unstaffed sites.
8.G.8 Monitoring and Reporting Requirements. (See also Part 6)
Note: There are no Part 8.G.8 monitoring and reporting or impaired waters monitoring
requirements for inactive and unstaffed sites.
8.G.8.1
Benchmark Monitoring for Active Copper Ore Mining and Dressing Facilities.
Table 8.G-1 identifies benchmarks that apply to active copper ore mining and dressing
facilities. These benchmarks apply to both your primary industrial activity and any colocated industrial activities.
Table 8.G-1
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Subsector
(You may be subject to requirements for
more than one sector/subsector)
02
1Mining
Subsector G1. Active Copper Ore
6and Dressing Facilities . 1
(SIC 1021)
No
8.G.8.2
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Parameter
Benchmark
Monitoring
Concentration
Total Suspended Solids
(TSS)
100 mg/L
Nitrate plus Nitrite
Nitrogen
Chemical Oxygen
Demand (COD)
0.68 mg/L
120 mg/L
Benchmark Monitoring Requirements for Discharges From Waste Rock and Overburden
Piles at Active Metal Mining Facilities. For discharges from waste rock and overburden
piles, perform benchmark monitoring once in the first year for the parameters listed in
Table 8.G-2, and twice annually in all subsequent years of coverage under this permit
for any parameters for which the benchmark has been exceeded. You are also
required to conduct analytic monitoring for the parameters listed in Table 8.G-3 in
accordance with the requirements in Part 8.G.8.3. The Director may also notify you that
you must perform additional monitoring to accurately characterize the quality and
quantity of pollutants discharged from your waste rock and overburden piles.
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Table 8.G-2.
Subsector
(Discharges may be subject to
requirements for more than one
sector/subsector)
Subsector G2. Iron Ores; Copper Ores;
Lead and Zinc Ores; Gold and Silver
Ores; Ferroalloy Ores, Except
Vanadium; and Miscellaneous Metal
Ores (SIC Codes 1011, 1021, 1031,
1041, 1044, 1061, 1081, 1094, 1099)
(Note: when analyzing hardness for a
suite of metals, it is more cost effective
to add analysis of calcium and
magnesium, and have hardness
calculated than to require hardness
analysis separately)
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Benchmark Monitoring
Concentration
Parameter
Total Suspended Solids (TSS)
Turbidity
pH
Hardness (as CaCO3; calc.
from Ca, Mg)2
100 mg/L
50 NTU
6.0-9.0 s.u.
no benchmark value
Total Antimony
Total Arsenic (freshwater)
Total Arsenic
(saltwater)1
Total Beryllium
Total Cadmium (freshwater)2
Total Cadmium (saltwater)1
Total Copper (freshwater)2
Total Copper (saltwater)1
Total Iron
Total Lead (freshwater)2
Total Lead (saltwater)1
Total Mercury (freshwater)
Total Mercury (saltwater)1
Total Nickel (freshwater)2
Total Nickel (saltwater)1
Total Selenium (freshwater)
Total Selenium (saltwater)1
Total Silver (freshwater)2
Total Silver (saltwater)1
Total Zinc (freshwater)2
Total Zinc (saltwater)1
0.64 mg/L
0.15 mg/L
0.069 mg/L
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0.13 mg/L
Hardness Dependent
0.04 mg/L
Hardness Dependent
0.0048 mg/L
1.0 mg/L
Hardness Dependent
0.21 mg/L
0.0014 mg/L
0.0018 mg/L
Hardness Dependent
0.074 mg/L
0.005 mg/L
0.29 mg/L
Hardness Dependent
0.0019 mg/L
Hardness Dependent
0.09 mg/L
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1Saltwater
benchmark values apply to stormwater discharges into saline waters where indicated.
The freshwater benchmark values of some metals are dependent on water hardness. For these parameters,
permittees must determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving
Waters for Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable
‘hardness range’ for determining their benchmark value applicable to their facility. Hardness Dependent Benchmarks
follow in the table below:
2
Freshwater Hardness Range
Cadmium
(mg/L)
Copper
(mg/L)
Lead
(mg/L)
Nickel
(mg/L)
Silver
(mg/L)
Zinc
(mg/L)
0-24.99 mg/L
0.0005
0.0038
0.014
0.15
0.0007
0.04
25-49.99 mg/L
0.0008
0.0056
0.023
0.20
0.0007
0.05
50-74.99 mg/L
0.0013
0.0090
0.045
0.32
0.0017
0.08
75-99.99 mg/L
0.0018
0.0123
0.069
0.42
0.0030
0.11
100-124.99 mg/L
0.0023
0.0156
0.095
0.52
0.0046
0.13
125-149.99 mg/L
0.0029
0.0189
0.122
0.61
0.0065
0.16
150-174.99 mg/L
0.0034
0.0221
0.151
0.71
0.0087
0.18
175-199.99 mg/L
0.0039
0.0253
0.182
0.80
0.0112
0.20
200-224.99 mg/L
225-249.99 mg/L
0.0045
0.0050
0.0285
0.0316
0.213
0.246
0.89
0.98
0.0138
0.0168
0.23
0.25
250+ mg/L
0.0053
0.0332
0.262
1.02
0.0183
0.26
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8.G.8.3
Additional Analytic Monitoring Requirements for Discharges From Waste Rock and
Overburden Piles at Active Metal Mining Facilities. In addition to the monitoring
required in Part 8.G.8.2 for discharges from waste rock and overburden piles, you must
also conduct monitoring for additional parameters based on the type of ore you mine
at your site. Where a parameter in Table 8.G-3 is the same as a pollutant you are
required to monitor for in Table 8.G-2 (i.e., for all of the metals), you must use the
corresponding benchmark in Table 8.G-2 and you may use any monitoring results
conducted for Part 8.G.8.2 to satisfy the monitoring requirement for that parameter for
Part 8.G.8.3. For radium and uranium, which do not have corresponding benchmarks in
Table 8.G-2, there are no applicable benchmarks. The frequency and schedule for
monitoring for these additional parameters is the same as that specified in Part 6.2.1.2.
Table 8.G-3. Additional Monitoring Requirements for Discharges from Waste Rock and
Overburden Piles
Supplemental Requirements
Pollutants of Concern
Type of Ore Mined
Total Suspended
pH
Metals, Total
Solids (TSS)
Tungsten Ore
X
X
Arsenic, Cadmium (H), Copper
(H), Lead (H), Zinc (H)
Nickel Ore
X
X
Arsenic, Cadmium (H), Copper
(H), Lead (H), Zinc (H)
Aluminum Ore
X
X
Iron
Mercury Ore
X
X
Nickel (H)
Iron Ore
X
X
Iron (Dissolved)
Platinum Ore
Cadmium (H), Copper (H),
Mercury, Lead (H), Zinc (H)
Titanium Ore
X
X
Iron, Nickel (H), Zinc (H)
Vanadium Ore
X
X
Arsenic, Cadmium (H), Copper
(H), Lead (H), Zinc (H)
Molybdenum
X
X
Arsenic, Cadmium (H), Copper
(H), Lead (H), Mercury, Zinc (H)
Uranium, Radium, and
X
X
Chemical Oxygen Demand,
Vanadium Ore
Arsenic, Radium (Dissolved and
Total), Uranium, Zinc (H)
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Note: An “X” indicated for TSS and/or pH means that you are required to monitor for those parameters. (H) indicates
that hardness must also be measured when this pollutant is measured.
8.G.8.4
Inactive and Unstaffed Sites – Conditional Exemption from No Exposure Requirements
for Quarterly Visual Assessments and Routine Facility Inspections. As a Sector G
facility, if you are seeking to exercise a waiver from the quarterly visual assessment
and routine facility inspection requirements for inactive and unstaffed sites (including
temporarily inactive sites), you are conditionally exempt from the requirement to
certify that “there are no industrial materials or activities exposed to stormwater” in
Parts 3.1.1 and 3.2.3. This exemption is conditioned on the following:
•
If circumstances change and your facility becomes active and/or staffed, this
exception no longer applies and you must immediately begin complying with the
quarterly visual assessment requirements; and
•
EPA retains the authority to revoke this exemption and/or the monitoring waiver
where it is determined that the discharge causes, has a reasonable potential to
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cause, or contributes to an instream excursion above an applicable water quality
standard, including designated uses.
Subject to the two conditions above, if your facility is inactive and unstaffed, you are
waived from the requirement to conduct quarterly visual assessments and routine
facility inspections. You must still do an annual site inspection in accordance with Part
3.1. You are encouraged to inspect your site more frequently where you have reason
to believe that severe weather or natural disasters may have damaged control
measures or increased discharges.
Table 8.G-4. Applicability of the Multi-Sector General Permit to Stormwater Runoff From Active
Mining and Dressing Sites, Temporarily Inactive Sites, and Sites Undergoing Reclamation
Discharge/Source of Discharge
Note/Comment
Piles
Waste rock/overburden
Covered under the MSGP if composed entirely
of stormwater and not combined with mine
drainage. See note below.
Topsoil
-Roads constructed of waste rock or spent ore
Onsite haul roads
Covered under the MSGP if composed entirely
of stormwater and not combined with mine
drainage. See note below.
Offsite haul and access roads
-Roads not constructed of waste rock or spent ore
Onsite haul roads
Covered under the MSGP except if mine
drainage is used for dust control.
Offsite haul and access roads
-Milling/concentrating
Runoff from tailings dams and dikes when
Covered under the MSGP except if process
constructed of waste rock/tailings
fluids are present and only if composed
entirely of stormwater and not combined with
mine drainage. See Note below.
Runoff from tailings dams/dikes when not
Covered under the MSGP except if process
constructed of waste rock and tailings
fluids are present.
Concentration building
Covered under the MSGP If stormwater only
and no contact with piles.
Mill site
If stormwater only and no contact with piles.
Ancillary areas
Office and administrative building and housing Covered under the MSGP if mixed with
stormwater from the industrial area.
Chemical storage area
-Docking facility
Covered under the MSGP except if excessive
contact with waste product that would
otherwise constitute mine drainage.
Explosive storage
-Fuel storage (oil tanks/coal piles)
-Vehicle and equipment maintenance
-area/building
Parking areas
Covered under the MSGP but coverage
unnecessary if only employee and visitor-type
parking.
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Table 8.G-4. Applicability of the Multi-Sector General Permit to Stormwater Runoff From Active
Mining and Dressing Sites, Temporarily Inactive Sites, and Sites Undergoing Reclamation
Discharge/Source of Discharge
Note/Comment
Power plant
Truck wash area
Covered under the MSGP except when
excessive contact with waste product that
would otherwise constitute mine drainage.
Reclamation-related areas
Any disturbed area (unreclaimed)
Covered under the MSGP only if not in active
mining area.
Reclaimed areas released from reclamation
-requirements prior to Dec. 17, 1990
Partially/inadequately reclaimed areas or
-areas not released from reclamation
requirements
Note: Stormwater runoff from these sources are subject to the NPDES program for stormwater unless mixed with
discharges subject to 40 CFR Part 440 that are regulated by another permit prior to mixing. Non-stormwater discharges
from these sources are subject to NPDES permitting and may be subject to the effluent limitation guidelines under 40
CFR Part 440. Discharges from overburden/waste rock and overburden/waste rock-related areas are not subject to 40
CFR Part 440 unless: (1) it drains naturally (or is intentionally diverted) to a point source; and (2) combines with ''mine
drainage'' that is otherwise regulated under the Part 440 regulations. For such sources, coverage under this permit would
be available if the discharge composed entirely of stormwater does not combine with other sources of mine drainage
that are not subject to 40 CFR Part 440, as well as meeting other eligibility criteria contained in Part 1.1 of the permit.
Operators bear the initial responsibility for determining the applicable technology-based standard for such discharges.
EPA recommends that operators contact the relevant NPDES permit issuance authority for assistance to determine the
nature and scope of the ''active mining area'' on a mine-by-mine basis, as well as to determine the appropriate
permitting mechanism for authorizing such discharges.
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viReclaimed After December 17, 1990. A site or a
Termination of Permit Coverage for Sites
24, from applicable state or federal reclamation
0
portion of a site that has been released
requirements after December 17, 1990, is no longer required to maintain coverage
6-1or portion of a site reclaimed after December 17, 1990, was
under this permit. If the site
o. 1 requirements, the site or portion of the site is no longer
not subject to reclamation
N
required to maintain coverage under this permit if the site or portion of the site has
8.G.9. Termination of Permit Coverage
8.G.9.1
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been reclaimed as defined in Part 8.G.3.3.
8.G.9.2
Termination of Permit Coverage for Sites Reclaimed Before December 17, 1990. A site or
portion of a site that was released from applicable state or federal reclamation
requirements before December 17, 1990, or that was otherwise reclaimed before
December 17, 1990, is no longer required to maintain coverage under this permit if the
site or portion of the site has been reclaimed. A site or portion of a site is considered to
have been reclaimed if: (1) stormwater runoff that comes into contact with raw
materials, intermediate byproducts, finished products, and waste products does not
have the potential to cause or contribute to violations of state water quality standards,
(2) soil disturbing activities related to mining at the sites or portion of the site have been
completed, (3) the site or portion of the site has been stabilized to minimize soil erosion,
and (4) as appropriate depending on location, size, and the potential to contribute
pollutants to stormwater discharges, the site or portion of the site has been
revegetated, will be amenable to natural revegetation, or will be left in a condition
consistent with the post-mining land use.
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Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart H – Sector H – Coal Mines and Coal Mining-Related Facilities.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
Note: Where compliance with a requirement in a separate exploration permit, mining permit,
reclamation plan, Surface Mining Control and Reclamation Act (SMCRA) requirements, etc. will
result in you fully meeting any requirement in this Subpart, you are considered to have complied
with the relevant requirement in this Subpart. You must include documentation in your SWPPP
describing your rationale for concluding that any particular action on your part is sufficient to
comply with the corresponding requirement in this Subpart.
8.H.1
Covered Stormwater Discharges.
The requirements in Subpart H apply to stormwater discharges associated with industrial
activity from Coal Mines and Coal Mining-Related facilities as identified by the SIC Codes
specified under Sector H in Table D-1 of Appendix D.
8.H.2
8.H.2.1
Limitations on Coverage.
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8.H.3
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Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) Not covered by this
permit: discharges from pollutant seeps or underground drainage from inactive coal
mines and refuse disposal areas that do not result from precipitation events, and
discharges from floor drains in maintenance buildings and other similar drains in mining
and preparation plant areas. (EPA includes these prohibited non-stormwater
discharges here solely as a helpful reminder to the operator that the only nonstormwater discharges authorized by this permit are at Part 1.1.3).
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Discharges Subject to Stormwater
16- stormwater discharges subject to an existing effluent limitation
authorized by this permit:
o.
guideline N40 CFR Part 434.
at
Definitions
The following definitions are not intended to supersede the definitions of active and
inactive mining facilities established by 40 CFR 122.26(b)(14)(iii).
8.H.3.1
Mining operations - For this permit, mining operations are grouped into two distinct
categories, with distinct effluent limits and requirements applicable to each: a) earthdisturbing activities conducted prior to active mining activities); and b) active mining
activities, which includes reclamation. “Mining operations” can occur at both inactive
mining facilities and temporarily inactive mining facilities.
8.H.3.2
Earth-disturbing activities conducted prior to active mining activities – Consists of two
classes of earth-disturbing (i.e., clearing, grading and excavation) activities:
a. activities performed for purposes of mine site preparation, including: cutting new
rights of way (except when related to access road construction); providing access to a
mine site for vehicles and equipment (except when related to access road
construction); other earth disturbances associated with site preparation activities on
any areas where active mining activities have not yet commenced (e.g., for heap
leach pads, waste rock facilities, tailings impoundments, wastewater treatment plants);
and
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b. construction of staging areas to prepare for erecting structures such as to house
project personnel and equipment, mill buildings, etc., and construction of access
roads. Earth-disturbing activities associated with the construction of staging areas and
the construction of access roads conducted prior to active mining are considered to
be “construction” and have additional effluent limits in Part 8.H.4.2.
8.H.3.3
Active mining activities – Activities related to the extraction, removal or recovery, and
preparation of coal; removal of overburden and waste rock to expose mineable
minerals; and site reclamation and closure activities. All such activities occur within the
“active mining area.” Reclamation involves activities undertaken, in compliance with
applicable mined land reclamation requirements, to return the land to an appropriate
post-mining contour and land use in order to meet applicable federal and state
reclamation requirements. In addition, once earth-disturbing activities conducted prior
to active mining activities have ceased and all related requirements in Part 8.H.4 have
been met, and a well-delineated “active mining area” has been established, all
activities (including any clearing, grading, and excavation) that occur within the active
mining area are “active mining activities.”
8.H.3.4
Active mining area – A place where work or other activity related to the extraction,
removal or recovery of coal is being conducted, except, with respect to surface mines,
any area of land on or in which grading has been completed to return the earth to
desired contour and reclamation work has begun.
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Note: Earth-disturbing activities described in the definition in Part 8.H.3.2 that occur on
areas outside the active mining area (e.g., for expansion of the mine into undeveloped
territory) are considered “earth-disturbing conducted prior to active mining activities”,
and must comply with the requirements in Part 8.H.4.
8.H.3.5
Inactive coal mining facility – A site or portion of a site where coal mining and/or milling
occurred in the past but there are no active mining operations occurring as defined
above, and where the inactive portion is not covered by an active mining permit
issued by the applicable state or federal agency. An inactive coal mining facility has
an identifiable owner / operator. Sites where mining claims are being maintained prior
to disturbances associated with the extraction, beneficiation, or processing of mined
materials and sites where minimal activities are undertaken for the sole purpose of
maintaining a mining claim are not considered either active or inactive mining facilities
and do not require an NPDES industrial stormwater permit.
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8.H.3.6
8.H.4
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Temporarily inactive coal mining facility – A site or portion of a site where coal mining
and/or milling occurred in the past but currently are not being actively undertaken,
and the facility is covered by an active mining permit issued by the applicable state or
federal agency.
Requirements Applicable to Earth-Disturbing Activities Conducted Prior to Active Mining
Activities.
Stormwater discharges from earth-disturbing activities conducted prior to active mining
activities (defined in Part 8.H.3.2) are covered under this permit. For such earth-disturbing
activities, you must comply with all applicable requirements in Parts 1-9 of the MSGP except for
the technology-based effluent limits in Part 8.H.5 and Part 2.1.2, the inspection requirements in
Part 8.H.7 and Part 3, and the monitoring requirements in Part 8.H.8 and Part 6.
Authorized discharges from areas where earth-disturbing activities have ceased and
stabilization as specified in Part 8.H.4.19 or 8.H.4.2.11, where appropriate, has been completed
(stabilization is not required for areas where active mining activities will occur), are no longer
subject to the Part 8.H.4 requirements. At such time, authorized discharges become subject to all
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other applicable requirements in the MSGP, including the effluent limits in Parts 2.1.2 and 8.H.5,
the inspection requirements in Parts 3 and 8.H.7, and the monitoring requirements in Parts 6 and
8.H.8.
8.H.4.1
Technology-Based Effluent Limits Applicable to All Earth-Disturbing Activities Conducted
Prior to Active Mining Activities. The following technology-based effluent limits apply to
authorized discharges from all earth-disturbing activities conducted prior to active
mining activities defined in Part 8.H.3.2(a) and 8.H.3.2(b). These limits supersede the
technology-based limits listed in Part 2.1.2 and Part 8.H.5 of the MSGP.
8.H.4.1.1 Erosion and sediment control installation requirements.
• By the time construction activities commence, install and make
operational downgradient sediment controls, unless this timeframe is
infeasible. If infeasible you must install and make such controls operational
as soon as practicable or as soon as site conditions permit.
• All other stormwater controls described in the SWPPP must be installed
and made operational as soon as conditions on each portion of the site
allows.
8.H.4.1.2 Erosion and sediment control maintenance requirements. You must:
• Ensure that all erosion and sediment controls remain in effective operating
condition.
• Wherever you determine that a stormwater control needs maintenance
to continue operating effectively, initiate efforts to fix the problem
immediately after its discovery, and complete such work by the end of
the next work day.
• When a stormwater control must be replaced or significantly repaired,
complete the work within 7 days, unless infeasible. If 7 days is infeasible,
you must complete the installation or repair as soon practicable.
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8.H.4.1.3 Perimeter controls. You must:
• Install sediment controls along those perimeter areas of your disturbed
area that will receive stormwater, except where site conditions prevent
the use of such controls (in which case, maximize their installation to the
extent practicable).
• Remove sediment before it accumulates to one-half of the above-ground
height of any perimeter control.
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8.H.4.1.4 Sediment track-out. For construction vehicles and equipment exiting the site
directly onto paved roads, you must:
• Use appropriate stabilization techniques to minimize sediment track-out
from vehicles and equipment prior to exit;
• Use additional controls to remove sediment from vehicle and equipment
tires prior to exit, where necessary;
• Remove sediment that is tracked out onto paved roads by end of the
work day.
Note: EPA recognizes that some fine grains may remain visible on the surfaces
of off-site streets, other paved areas, and sidewalks even after you have
implemented sediment removal practices. Such “staining” is not a violation of
Part 8.H.4.1.4.
8.H.4.1.5 Soil or sediment stockpiles. You must:
• Minimize erosion of stockpiles from stormwater and wind via temporary
cover, if feasible.
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•
•
Prevent up-slope stormwater flows from causing erosion of stockpiles (e.g.,
by diverting flows around the stockpile).
Minimize sediment from stormwater that runs off of stockpiles, using
sediment controls (e.g., a sediment barrier or downslope sediment
control).
8.H.4.1.6 Sediment basins. If you intend to install a sediment basin to treat stormwater
from your earth-disturbing activities, you must:
• Provide storage for either (1) the 2-year, 24-hour storm, or (2) 3,600 cubic
feet per acre drained.
• Prevent erosion of (1) basin embankments using stabilization controls (e.g.,
erosion control blankets), and (2) the inlet and outlet points of the basin
using erosion controls and velocity dissipation devices.
8.H.4.1.7 Minimize dust. You must minimize the generation of dust through the
appropriate application of water or other dust suppression techniques that
minimize pollutants being discharged into surface waters.
8.H.4.1.8 Restrictions on use of treatment chemicals. If you intend to use sediment
treatment chemicals at your site, you are subject to the following minimum
requirements:
• Use conventional erosion and sediment controls prior to and after
application of chemicals;
• Select chemicals suited to soil type, and expected turbidity, pH, flow rate;
• Minimize the discharge risk from stored chemicals;
• Comply with state/local requirements;
• Use chemicals in accordance with good engineering practices and
specifications of chemical supplier;
• Ensure proper training;
• Provide proper SWPPP documentation.
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If you plan to use cationic treatment chemicals (as defined in Appendix A),
you are ineligible for coverage under this permit, unless you notify your
applicable EPA Regional Office in advance and the EPA Regional Office
authorizes coverage under this permit after you have included appropriate
controls and implementation procedures designed to ensure that your use of
cationic treatment chemicals will not lead to a violation of water quality
standards.
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8.H.4.1.9 Site stabilization requirements for earth-disturbing activities performed for
purposes of mine site preparation as defined in 8.H.3.2(a) (i.e., not applicable
to construction of staging areas for structures and access roads as defined in
8.H.3.2(b)). You must comply with the following stabilization requirements
except where the intended function of the site accounts for such disturbed
earth (e.g., the earth disturbances will become actively mined, or the controls
implemented at the active mining area effectively control the disturbance):
• Temporary stabilization of disturbed areas. Stabilization measures must be
initiated immediately in portions of the site where earth-disturbing
activities performed for purposes of mine site preparation (as defined in
8.H.3.2(a)) have temporarily ceased, but in no case more than 14 days
after such activities have temporarily ceased. In arid, semi-arid, and
drought-stricken areas, or in areas subject to snow or freezing conditions,
where initiating perennial vegetative stabilization measures is not possible
within 14 days after earth-disturbing activities performed for purposes of
mine site preparation has temporarily ceased, temporary vegetative
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•
8.H.4.2
stabilization measures must be initiated as soon as practicable. Until
temporary vegetative stabilization is achieved, interim measures such as
erosion control blankets with an appropriate seed base and tackifiers
must be employed. In areas of the site where earth-disturbing activities
performed for purposes of mine site preparation have permanently
ceased prior to active mining, temporary stabilization measures must be
implemented to minimize mobilization of sediment or other pollutants until
active mining activities commence.
Final stabilization of disturbed areas. Stabilization measures must be
initiated immediately where earth-disturbing activities performed for
purposes of mine site preparation (as defined in 8.H.3.2(a)) have
permanently ceased, but in no case more than 14 days after the earthdisturbing activities have permanently ceased. In arid, semi-arid, and
drought-stricken areas, or in areas subject to snow or freezing conditions,
where initiating perennial vegetative stabilization measures is not possible
within 14 days after earth-disturbing activities have permanently ceased,
final vegetative stabilization measures must be initiated as soon as
possible. Until final stabilization is achieved, temporary stabilization
measures, such as erosion control blankets with an appropriate seed base
and tackifiers, must be used.
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Additional Technology-Based Effluent Limits Applicable Only to the Construction of
Staging Areas for Structures and Access Roads. The following technology-based
effluent limits apply to authorized discharges from earth-disturbing activities associated
with the construction of staging areas and the construction of access roads, as defined
in Part 8.H.3.2(b). These limits supersede the technology-based limits listed in Part 2.1.2
and Part 8.H.5 of the MSGP. These limits do not apply to earth-disturbing activities
performed for purposes of mine site preparation (as defined in 8.H.3.2(a)).
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8.H.4.2.1 Area of disturbance. You must minimize the amount of soil exposed during
construction activities.
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8.H.4.2.2 Erosion and sediment control design requirements. You must:
• Design, install and maintain effective erosion and sediment controls to
minimize the discharge of pollutants from construction activities. Account
for the following factors in designing your erosion and sediment controls:
o The expected amount, frequency, intensity and duration of
precipitation;
o The nature of stormwater runoff and run-on at the site, including
factors such as impervious surfaces, slopes and site drainage features;
o The range of soil particle sizes expected to be present on the site.
• Direct discharges from your stormwater controls to vegetated areas of
your site to increase sediment removal and maximize stormwater
infiltration, including any natural buffers, unless infeasible. Use velocity
dissipation devices if necessary to prevent erosion when directing
stormwater to vegetated areas.
• If any stormwater flow becomes or will be channelized at your site, you
must design erosion and sediment controls to control both peak flowrates
and total stormwater volume to minimize channel and streambank
erosion and scour in the immediate vicinity of discharge points.
• If you install stormwater conveyance channels, they must be designed to
avoid unstabilized areas on the site and to reduce erosion, unless
infeasible. In addition, you must minimize erosion of channels and their
embankments, outlets, adjacent streambanks, slopes, and downstream
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waters during discharge conditions through the use of erosion controls
and velocity dissipation devices within and along the length of any
constructed stormwater conveyance channel, and at any outlet to
provide a non-erosive flow velocity.
8.H.4.2.3 Natural Buffers. For any stormwater discharges from construction activities
within 50 feet of a water of the U.S., you must comply with one of the
following compliance alternatives:
1. Provide a 50-foot undisturbed natural buffer between construction
activities and the water of the U.S.; or
2. Provide an undisturbed natural buffer that is less than 50 feet
supplemented by additional erosion and sediment controls, which in
combination, achieve a sediment load reduction that is equivalent to a
50-foot undisturbed natural buffer; or
3. If it is infeasible to provide an undisturbed natural buffer of any size,
implement erosion and sediment controls that achieve a sediment load
reduction that is equivalent to a 50-foot undisturbed natural buffer.
There are exceptions when buffer requirements do not apply:
• There is no stormwater discharge from construction disturbances to a
water of the U.S;
• The natural buffer has already been eliminated by preexisting
development disturbances;
• The disturbance is for the construction of a water-dependent structure or
construction approved under a CWA section 404 permit;
• For linear construction projects, you are not required to comply with the
requirements if there are site constraints provided that, to the extent
feasible, you limit disturbances within 50 feet of a water of the U.S. and/or
you provide supplemental erosion and sediment controls to treat
stormwater discharges from any disturbances within 50 feet of a water of
the U.S.
See
http://water.epa.gov/polwaste/npdes/stormwater/upload/cgp2012_append
ixg.pdf for guidance on complying with these alternatives.
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8.H.4.2.4 Soil or sediment stockpiles. In addition to the requirements in Part 8.H.4.1.5,
you must locate any piles outside of any natural buffers established under Part
8.H.4.2.3.
8.H.4.2.5 Sediment basins. In addition to the requirements in Part 8.H.4.1.6, you must
locate sediment basins outside of any surface waters and any natural buffers
established under Part 8.H.4.2.3, and you must utilize outlet structures that
withdraw water from the surface, unless infeasible.
8.H.4.2.6 Native topsoil preservation. You must preserve native topsoil removed during
clearing, grading, or excavation, unless infeasible. Store topsoil in a manner
that will maximize its use in reclamation or final vegetative stabilization (e.g.,
by keeping the topsoil stabilized with seed or similar measures). This
requirement does not apply if the intended function of the disturbed area
dictates that topsoil be disturbed or removed.
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8.H.4.2.7 Steep slopes. You must minimize the disturbance of steep slopes. The permit
does not prevent or prohibit disturbance on steep slopes.
Depending on site conditions and needs, disturbance on steep slopes may
be necessary (e.g., a road cut in mountainous terrain; for grading steep
slopes prior to erecting the mine office). Where steep slope disturbances are
necessary, you can minimize the disturbances to steep slopes through the
implementation of a number of standard erosion and sediment control
practices, such as by phasing disturbances in these areas and using
stabilization practices specifically for steep grades.
8.H.4.2.8 Soil compaction. Where final vegetative stabilization will occur or where
infiltration practices will be installed, you must either restrict vehicle/
equipment use in these areas to avoid soil compaction or use soil
conditioning techniques to support vegetative growth. Minimizing soil
compaction is not required where compacted soil is integral to the
functionality of the site.
8.H.4.2.9 Dewatering Practices. You are prohibited from discharging ground water or
accumulated stormwater that is removed from excavations, trenches,
foundations, vaults or other similar points of accumulation, unless such waters
are first effectively managed by appropriate controls (e.g., sediment basins or
sediment traps, sediment socks, dewatering tanks, tube settlers, weir tanks, or
filtration systems). Uncontaminated, non-turbid dewatering water can be
discharged without being routed to a control.
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You must also meet the following requirements for dewatering activities:
• Discharge requirements:
o No discharging visible floating solids or foam;
o Remove oil, grease and other pollutants from dewatering water via an
oil-water separator or suitable filtration device (such as a cartridge
filter);
o Utilize vegetated upland areas of the site, to the extent feasible, to
infiltrate dewatering water before discharge. In no case shall waters of
the U.S. be considered part of the treatment area;
o Implement velocity dissipation devices at all points where dewatering
water is discharged;
o Haul backwash water away for disposal or return it to the beginning of
the treatment process; and
o Clean or replace the filter media used in dewatering devices when
the pressure differential equals or exceeds the manufacturer’s
specifications.
• Treatment chemical restrictions: If you use polymers, flocculants or other
chemicals to treat dewatering water, you must comply with the
requirements in Parts 8.H.4.1.8.
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8.H.4.2.10 Pollution prevention requirements.
• Prohibited discharges (this non-exhaustive list of prohibited nonstormwater discharges is included here as a reminder that only the only
allowable non-stormwater discharges are those enumerated in Part 1.1.3):
o Wastewater from washout of concrete;
o Wastewater from washout and cleanout of stucco, paint, form release
oils, curing compounds, and other construction materials;
o Fuels, oils, or other pollutants used for operation and maintenance of
vehicles or equipment;
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•
•
•
o Soaps, solvents, or detergents used in vehicle or equipment washing;
o Toxic or hazardous substances from a spill or other release.
Design and location requirements: Minimize the discharge of pollutants
from pollutant sources by:
o Minimizing exposure;
o Using secondary containment, spill kits, or other equivalent measures;
o Locating pollution sources away from surface waters, storm sewer
inlets, and drainageways;
o Cleaning up spills immediately (do not clean by hosing area down).
Pollution prevention requirements for wash waters: Minimize the discharge
of pollutants from equipment and vehicle washing, wheel wash water,
and other wash waters. Wash waters must be treated in a sediment basin
or alternative control that provides equivalent or better treatment prior to
discharge;
Pollution prevention requirements for the storage, handling, and disposal
of construction products, materials, and wastes: Minimize the exposure of
building materials, building products, construction wastes, trash,
landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary
waste, and other materials present on the site to stormwater. Minimization
of exposure is not required in cases where the exposure to stormwater will
not result in a discharge of pollutants, or where exposure of a specific
material or product poses little risk of stormwater contamination (such as
final products and materials intended for outdoor use).
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8.H.4.2.11 Site Stabilization requirements for the construction of staging areas for
structures and access roads as defined in 8.H.3.2(b) (i.e., not applicable to
earth-disturbing activities performed for purposes of mine site preparation as
defined in 8.H.3.2(a)). You must comply with the following stabilization
requirements, except where the intended function of the site accounts for
such disturbed earth (e.g., the area of construction will become actively
mined, or the controls implemented at the active mining area effectively
control the disturbance):
• By no later than the end of the next work day after construction work in
an area has stopped permanently or temporarily (“temporarily” means
the land will be idle for a period of 14 days or more but earth-disturbing
activities will resume in the future), immediately initiate stabilization
measures;
• If using vegetative measures, by no later than 14 days after initiating
stabilization:
o Seed or plant the area, and provide temporary cover to protect the
planted area;
o Once established, vegetation must be uniform, perennial (if final
stabilization), and cover at least 70% of stabilized area based on
density of native vegetation.
• If using non-vegetative stabilization, by no later than 14 days after
initiating stabilization:
o Install or apply all non-vegetative measures;
o Cover all areas of exposed soil.
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Note: For the purposes of this permit, EPA will consider any of the following
types of activities to constitute the initiation of stabilization: 1. Prepping the
soil for vegetative or non-vegetative stabilization; 2. Applying mulch or
other non-vegetative product to the exposed area; 3. Seeding or planting
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the exposed area; 4. Starting any of the activities in # 1 – 3 on a portion of
the area to be stabilized, but not on the entire area; and 5. Finalizing
arrangements to have stabilization product fully installed in compliance
with the applicable deadline for completing stabilization.
Exceptions:
• Arid, semi-arid (if construction occurs during seasonally dry period), or
drought-stricken areas:
o Within 14 days of stopping construction work in an area, install any
necessary non-vegetative stabilization measures;
o Initiate vegetative stabilization as soon as conditions on the site allow;
o Document the schedule that will be followed for initiating and
completing vegetative stabilization;
o Plant the area so that within 3 years the 70% cover requirement is met.
• Sites affected by severe storm events or other unforeseen circumstances:
o Initiate vegetative stabilization as soon conditions on the site allow;
o Document the schedule that will be followed for initiating and
completing vegetative stabilization;
o Plant the area so that so that within 3 years the 70% cover requirement
is met.
8.H.4.3
8.H.4.4
Water Quality-Based Requirements Applicable to Earth-Disturbing Activities Conducted
Prior to Active Mining Activities.
The following water quality-based limits apply to earth-disturbing activities conducted
prior to active mining activities defined in Part 8.H.3.2(a) and 8.H.3.2(b), in addition to
the water quality-based limits in Part 2.2 of the MSGP.
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d to an impaired water or a water
e
Stricter requirements apply if your site will discharge
ewa Tier 2 or Tier 2.5 for antidegradation
that is identified by your state, tribe, or EPA as
, vi
purposes:
4
• More rapid stabilization02
of exposed areas: Complete initial stabilization activities
-1
within 7 days of stopping earth-disturbing work.
6inspections: Once every 7 days and within 24 hours of a storm
• More frequent1
site
o. inches or greater.
eventN0.25
of
Inspection Requirements Applicable to Earth-Disturbing Activities Conducted Prior to
Active Mining Activities.
The following requirements supersede the inspections requirements in Part 3 and 8.H.7
of the MSGP for earth-disturbing activities conducted prior to active mining activities
defined in Part 8.H.3.2(a) and 8.H.3.2(b).
8.H.4.4.1 Inspection Frequency
• At least once every 7 calendar days, or
• Once every 14 calendar days and within 24 hours of a storm event of 0.25
inches or greater.
Note:
o Inspections only required during working hours;
o Inspections not required during unsafe conditions; and
o If you choose to inspect once every 14 days, you must have a method
for measuring rainfall amount on site (either rain gauge or
representative weather station)
Note: To determine if a storm event of 0.25 inches or greater has occurred on your site,
you must either keep a properly maintained rain gauge on your site, or obtain the storm
event information from a weather station that is representative of your location. For any
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day of rainfall during normal business hours that measures 0.25 inches or greater, you
must record the total rainfall measured for that.
Note: You are required to specify in your SWPPP which schedule you will be following.
Note: “Within 24 hours of the occurrence of a storm event” means that you are required
to conduct an inspection within 24 hours once a storm event has produced 0.25 inches,
even if the storm event is still continuing. Thus, if you have elected to inspect bi-weekly in
and there is a storm event at your site that continues for multiple days, and each day of
the storm produces 0.25 inches or more of rain, you are required to conduct an
inspection within 24 hours of the first day of the storm and within 24 hours after the end
of the storm.
8.H.4.4.2 Reductions in Inspection Frequency
• Stabilized areas: You may reduce the frequency of inspections to once
per month in any area of your site where stabilization has occurred
pursuant to Part 8.H.4.1.9 or 8.H.4.2.11.
• Arid, semi-arid, and drought stricken areas: If earth-disturbing activities are
occurring during the seasonally dry period or during a period in which
drought is predicted to occur, you may reduce inspections to once per
month and within 24 hours of a 0.25 inch storm event.
• Frozen conditions: You may temporarily suspend or reduce inspections to
once per month until thawing conditions occur if frozen conditions are
continuous and disturbed areas have been stabilized. For extreme
conditions in remote areas, e.g., where transit to the site is
perilous/restricted or temperatures are routinely below freezing, you may
suspend inspections until the conditions are conducive to safe access,
and more frequent inspections can resume.
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8.H.4.4.3
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Areas to be Inspected. You must
,
• Disturbed areas; 24
• Stormwater10
6- controls and pollution prevention measures;
• Locations where stabilization measures have been implemented;
1
• o.
Material, waste, borrow, or equipment storage and maintenance areas;
N
• Areas where stormwater flows;
•
Points of discharge.
8.H.4.4.4 What to Check for During Inspections. At a minimum you must check:
• Whether all stormwater controls are installed, operational, and working as
intended;
• Whether any new or modified stormwater controls are needed;
• For conditions that could lead to a spill or leak;
• For visual signs of erosion/sedimentation at points of discharge.
If a discharge is occurring:
• The quality and characteristics of the discharge;
• Whether controls are operating effectively.
8.H.4.4.5 Inspection Report. Within 24 hours of an inspection, complete a report that
includes:
• Inspection date;
• Name and title of inspector(s);
• Summary of inspection findings;
• Rainfall amount that triggered the inspection (if applicable);
• If it was unsafe to inspect a portion of the site, include documentation of
the reason and the location(s);
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•
•
8.H.4.5
8.H.5
Each inspection report must be signed;
Keep a current copy of all reports at the site or at an easily accessible
location.
Cessation of Requirements Applicable to Earth-Disturbing Activities Conducted Prior to
Active Mining Activities. The requirements in 8.H.4 no longer apply for any earthdisturbing activities conducted prior to active mining activities as defined in 8.H.3.2(a)
or 8.H.3.2(b) where:
1. Earth-disturbing activities have ceased; and
2. Stabilization has been met consistent with Part 8.H.4.1.9 or 8.H.4.2.11 (not required
for areas where active mining activities will occur).
Technology-Based Effluent Limits for Active Mining Activities.
Note: These requirements do not apply for any discharges from earth-disturbing activities
conducted prior to active mining as defined in 8.H.3.2(a) or 8.H.3.2(b).
8.H.5.1
Good Housekeeping Measures. (See also Part 2.1.2.2) As part of your good
housekeeping program, in order to minimize discharges of pollutants in stormwater,
implement control measures such as the following, where determined to be feasible
(list not inclusive): using sweepers and covered storage; watering haul roads to
minimize dust generation; and conserving vegetation to minimize erosion. For mines
subject to dust control requirements under state or county air quality permits, provided
the requirements are equivalent, compliance with such air permit dust requirements
shall constitute compliance with the dust control effluent limit in Part 2.1.2.10.
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8.H.5.2 Preventive Maintenance. (See also Part 2.1.2.3) Perform inspections or other equivalent
measures of storage tanks and pressure lines of fuels, lubricants, hydraulic fluid, and
slurry to prevent leaks due to deterioration or faulty connections.
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8.H.6 Additional SWPPP Requirements for Mining Operations.
,
24are not applicable to inactive coal mining facilities.
Note: The requirements in Part 8.H.6
0
6-1 Most active coal mining-related areas (SIC Codes 12218.H.6.1 Other Applicable Regulations.
1241) are subject to sediment and erosion control regulations of the U.S. Office of
o. 1 that enforces the Surface Mining Control and Reclamation Act
N
Surface Mining (OSM)
(SMCRA). OSM has granted authority to most coal-producing states to implement
SMCRA through State SMCRA regulations. All SMCRA requirements regarding control of
stormwater-related pollutant discharges must be addressed and then documented
with the SWPPP (directly or by reference).
8.H.6.2
Site Map. (See also Part 5.2.2) Document in your SWPPP where any of the following may
be exposed to precipitation or surface runoff: haul and access roads; railroad spurs,
sliding, and internal hauling lines; conveyor belts, chutes, and aerial tramways;
equipment storage and maintenance yards; coal handling buildings and structures;
inactive mines and related areas; acidic spoil, refuse, or unreclaimed disturbed areas;
and liquid storage tanks containing pollutants such as caustics, hydraulic fluids, and
lubricants.
8.H.6.3
Potential Pollutant Sources. (See also Part 5.2.3) Document in your SWPPP the following
sources and activities that have potential pollutants associated with them: truck traffic
on haul roads and resulting generation of sediment subject to runoff and dust
generation; fuel or other liquid storage; pressure lines containing slurry, hydraulic fluid, or
other potential harmful liquids; and loading or temporary storage of acidic refuse or
spoil.
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8.H.6.4
8.H.7
If you are in compliance with dust control requirements under state or county air quality
permits, you must include (or summarize, as necessary) what the state or county air
quality permit dust control requirements are and how you’ve achieved compliance
with them.
Additional Inspection Requirements. (See also Part 3.1)
8.H.7.1
Inspections of Active Mining-Related Areas. (See also Part 3) Except for earth-disturbing
activities conducted prior to active mining activities as defined in Part 8.H.3.2(a) and
8.H.3.2(b), which are subject to Part 8.H.4.4, perform routine inspections of active
mining areas covered by this permit, corresponding with the inspections as performed
by SMCRA inspectors, of all mining-related areas required by SMCRA. Also maintain the
records of the SMCRA authority representative. See Part 8.H.8.1 for inspection
requirements for inactive and unstaffed sties.
8.H.7.2
Sediment and Erosion Control. (See also Part 2.1.2.5) As indicated in Part 8.H.6.1, SMCRA
requirements regarding sediment and erosion control measures must be complied with
for those areas subject to SMCRA authority, including inspection requirements.
8.H.7.3
Routine Site Inspections. (See also Part 3.1) Your inspection program must include
inspections for pollutants entering the drainage system from activities located on or
near coal mining-related areas. Among the areas to be inspected are haul and access
roads; railroad spurs, sliding, and internal hauling lines; conveyor belts, chutes, and
aerial tramways; equipment storage and maintenance yards; coal handling buildings
and structures; and inactive mines and related areas.
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2
d 1 subsectors of Sector H. These
Table 8.H-1 identifies benchmarks that apply to the specific
e
benchmarks apply to both your primary industrialiactivity and any co-located industrial
ewreporting or impaired waters monitoring
activities. Note: There are no Part 8.H. 8 monitoring and
4, v
requirements for inactive and unstaffed sites.
102 Table 8.H-1.
16o.
Subsector
Benchmark
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8.H.8
Sector-Specific Benchmarks. (See also Part 6)
(You may be subject to requirements for
more than one sector/subsector)
Subsector H1. Coal Mines and Related
Areas
(SIC 1221-1241)
Parameter
Monitoring
Concentration
Total Aluminum
0.75 mg/L
Total Iron
1.0 mg/L
Total Suspended Solids (TSS)
100 mg/L
8.H.8.1 Inactive and Unstaffed Sites – Conditional Exemption from No Exposure Requirement for
Routine Inspections, Quarterly Visual Assessments, and Benchmark and Impaired Waters
Monitoring. As a Sector H facility, if you are seeking to exercise a waiver from either the
quarterly visual assessment or the benchmark and/or impaired waters monitoring
requirements for inactive and unstaffed sites (including temporarily inactive sites), you
are conditionally exempt from the requirement to certify that “there are no industrial
materials or activities exposed to stormwater” in Parts 3.2.3, 6.2.1.3, and 6.2.4.2.
Additionally, if you are seeking to reduce your required routine inspection frequency, as
is allowed under Part 3.1.1, you are also conditionally exempt from the requirement to
certify that “there are no industrial materials or activities exposed to stormwater.” These
conditional exemptions are based on the following requirements:
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•
If circumstances change and your facility becomes active and/or staffed, this
exception no longer applies and you must immediately begin complying with the
applicable benchmark monitoring requirements as if you were in your first year of
permit coverage, and the quarterly visual assessment requirements; and
•
EPA retains the authority to revoke this exemption and/or the monitoring waiver
where it is determined that the discharge causes, has a reasonable potential to
cause or contribute to an instream excursion above an applicable water quality
standard, including designated uses.
Subject to the two conditions above, if your facility is inactive and unstaffed, you are
waived from the requirement to conduct routine facility inspections, quarterly visual
assessments, and benchmark and impaired waters monitoring. You must still conduct
an annual site inspection in accordance with Part 3.1. You are encouraged to inspect
your site more frequently where you have reason to believe that severe weather or
natural disasters may have damaged control measures or increased discharges.
8.H.9
8.H.9.1
8.H.9.2
Termination of Permit Coverage
Termination of Permit Coverage for Sites Reclaimed After December 17, 1990. A site or a
portion of a site that has been released from applicable state or federal reclamation
requirements after December 17, 1990, is no longer required to maintain coverage
under this permit. If the site or portion of a site reclaimed after December 17, 1990, was
not subject to reclamation requirements, the site or portion of the site is no longer
required to maintain coverage under this permit if the site or portion of the site has
been reclaimed as defined in Part 8.H.3.5.
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Termination of Permit Coverage for Sites Reclaimed Before December 17, 1990. A site or
portion of a site that was released from applicable state or federal reclamation
requirements before December 17, 1990, or that was otherwise reclaimed before
December 17, 1990, is no longer required to maintain coverage under this permit if the
site or portion of the site has been reclaimed. A site or portion of a site is considered to
have been reclaimed if: (1) stormwater runoff that comes into contact with raw
materials, intermediate byproducts, finished products, and waste products does not
have the potential to cause or contribute to violations of state water quality standards,
(2) soil disturbing activities related to mining at the sites or portion of the site have been
completed, (3) the site or portion of the site has been stabilized to minimize soil erosion,
and (4) as appropriate depending on location, size, and the potential to contribute
pollutants to stormwater discharges, the site or portion of the site has been
revegetated, will be amenable to natural revegetation, or will be left in a condition
consistent with the post-mining land use.
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Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart I – Sector I – Oil and Gas Extraction.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.I.1
Covered Stormwater Discharges.
The requirements in Subpart I apply to stormwater discharges associated with industrial
activity from Oil and Gas Extraction facilities as identified by the SIC Codes specified under
Sector I in Table D-1 of Appendix D of the permit.
8.I.1.1
Discharges of stormwater runoff from field activities or operations associated with oil
and gas exploration, production, processing, or treatment operations or transmission
facilities are exempt from NPDES permit coverage unless, in accordance with 40 CFR
122.26(c)(1)(iii), the facility:
•
Has had a discharge of stormwater resulting in the discharge of a reportable
quantity for which notification is or was required pursuant to 40 CFR 117.21 or 40
CFR 302.6 at any time since November 16, 1987; or
•
Has had a discharge of stormwater resulting in the discharge of a reportable
quantity for which notification is or was required pursuant to 40 CFR 110.6 at any
time since November 16, 1987; or
ew
vipermit coverage as a result of meeting one of
Any stormwater discharges that require
24,
the conditions of 122.26(c)(1)(iii) may be covered under this permit unless otherwise
10
required to obtain coverage under an alternative NPDES general permit or an
6-as specified in Part 1.6.1.
individual NPDES permit
o. 1
Limitations NCoverage.
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•
8.I.2
8.I.2.1
8.I.2.2
8.I.3
8.I.3.1
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Contributes to a violation of a water quality standard.
Stormwater Discharges Subject to Effluent Limitation Guidelines. (See also Part 1.1.4.5)
This permit does not authorize stormwater discharges from petroleum drilling operations
that are subject to nationally established effluent limitation guidelines found at 40 CFR
Part 435, respectively.
Non-Stormwater Discharges. Discharges of vehicle and equipment wash water,
including tank cleaning operations, are not authorized by this permit. Alternatively,
wash water discharges must be authorized under a separate NPDES permit, or be
discharged to a sanitary sewer in accordance with applicable industrial pretreatment
requirements. (EPA includes this prohibited non-stormwater discharge here solely as a
helpful reminder to the operator that the only non-stormwater discharges authorized by
this permit are at Part 1.1.3).
Additional Technology-Based Effluent Limits.
Vegetative Controls. Implement vegetative practices designed to preserve existing
vegetation, where attainable, and revegetate open areas as soon as practicable after
grade drilling. Implement appropriate vegetative practices, such as the following (list not
exclusive): temporary or permanent seeding, mulching, sod stabilization, vegetative
buffer strips, and tree protection practices. Begin implementing appropriate vegetative
practices on all disturbed areas within 14 days following the last activity in that area.
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8.I.4
Additional SWPPP Requirements.
8.I.4.1
Drainage Area Site Map. (See also Part 5.2.2) Document in your SWPPP where any of
the following may be exposed to precipitation or surface runoff: Reportable Quantity
(RQ) releases; locations used for the treatment, storage, or disposal of wastes;
processing areas and storage areas; chemical mixing areas; construction and drilling
areas; all areas subject to the effluent guidelines requirements for “No Discharge” in
accordance with 40 CFR 435.32; and the structural controls to achieve compliance
with the “No Discharge” requirements.
8.I.4.2
Potential Pollutant Sources. (See also Part 5.2.3) Also document in your SWPPP the following
sources and activities that have potential pollutants associated with them: chemical,
cement, mud, or gel mixing activities; drilling or mining activities; and equipment cleaning
and rehabilitation activities. In addition, include information about the reportable quantity
(RQ) release that triggered the permit application requirements: the nature of the release
(e.g., spill of oil from a drum storage area), amount of oil or hazardous substance released,
amount of substance recovered, date of the release, cause of the release (e.g., poor
handling techniques and lack of containment in the area), areas affected by the release
(i.e., land and water), procedures to clean up release, actions or procedures
implemented to prevent or improve response to a release, and remaining potential
contamination of stormwater from release (taking into account human health risks, the
control of drinking water intakes, and the designated uses of the receiving water).
8.I.4.3
Erosion and Sediment Controls. (See also Part 2.1.2.5) Unless covered by EPA’s
Construction General Permit (CGP), the additional documentation requirements for
sediment and erosion controls for well drillings and sand/shale mining areas include the
following:
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8.I.4.3.1
8.I.4.3.2
8.I.5
Site Description. Also include a description in your SWPPP of the nature of the
exploration activity, estimates of the total area of site and area disturbed due
to exploration activity, an estimate of runoff coefficient of the site, a site
drainage map, including approximate slopes, and the names of all receiving
waters.
Vegetative Controls. Document vegetative practices used consistent with Part
8.I.3.1 in the SWPPP.
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Additional Inspection Requirements.
All erosion and sediment controls must be inspected either: 1) every 7 days; or 2) once
every 14 calendar days and within 24 hours of a storm event of 0.25 inches or greater.
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Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart J – Sector J – Non-Metallic Mineral Mining and Dressing.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
Note: Where compliance with a requirement in a separate exploration permit, mining permit,
reclamation plan, Surface Mining Control and Reclamation Act (SMCRA) requirements, etc. will
result in you fully meeting any requirement in this Subpart, you are considered to have complied
with the relevant requirement in this Subpart. You must include documentation in your SWPPP
describing your rationale for concluding that any particular action on your part is sufficient to
comply with the corresponding requirement in this Subpart.
8.J.1
Covered Stormwater Discharges.
The requirements in Subpart J apply to stormwater discharges associated with industrial
activity from Active and Inactive Non-Metallic Mineral Mining and Dressing facilities as identified
by the SIC Codes specified under Sector J in Table D-1 of Appendix D of the permit.
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8.J.1.1
Covered Discharges from Inactive Facilities. All stormwater discharges.
8.J.1.2
Covered Discharges from Active and Temporarily Inactive Facilities. All stormwater
discharges, except for most stormwater discharges subject to the existing effluent
limitation guideline at 40 CFR Part 436. Mine dewatering discharges composed entirely
of stormwater or uncontaminated ground water seepage from: construction sand and
gravel, industrial sand, and crushed stone mining facilities.
8.J.1.3
8.J.1.4
8.J.2
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Covered Discharges from Earth-Disturbing
24,
0
Activities. All stormwater discharges.
6-1 Undergoing Reclamation. All stormwater discharges.
Covered Discharges from Sites
o. 1
Limitations NCoverage.
on
Most stormwater discharges subject to an existing effluent limitation guideline at 40 CFR
Part 436 are not authorized by this permit. The exceptions to this limitation, which are covered by
this permit, are mine dewatering discharges composed entirely of stormwater or
uncontaminated ground water seepage from construction sand and gravel, industrial sand, and
crushed stone mining facilities.
8.J.3
Definitions.
The following definitions are not intended to supersede the definitions of active and
inactive mining facilities established by 40 CFR 122.26(b)(14)(iii).
8.J.3.1
Mining operations – For this permit, mining operations are grouped into two distinct
categories, with distinct effluent limits and requirements applicable to each: a) earthdisturbing activities conducted prior to active mining activities); and b) active mining
activities, which includes reclamation. “Mining operations” can occur at both inactive
mining facilities and temporarily inactive mining facilities.
8.J.3.2
Earth-disturbing activities conducted prior to active mining activities – Consists of two
classes of earth-disturbing (i.e., clearing, grading and excavation) activities:
a. activities performed for purposes of mine site preparation, including: cutting new
rights of way (except when related to access road construction); providing access to a
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mine site for vehicles and equipment (except when related to access road
construction); other earth disturbances associated with site preparation activities on
any areas where active mining activities have not yet commenced (e.g., for heap
leach pads, waste rock facilities, tailings impoundments, wastewater treatment plants);
and
b. construction of staging areas to prepare for erecting structures such as to house
project personnel and equipment, mill buildings, etc., and construction of access
roads. Earth-disturbing activities associated with the construction of staging areas and
the construction of access roads conducted prior to active mining are considered to
be “construction” and have additional effluent limits in Part 8.J .4.2.
8.J.3.3
8.J.3.4
8.J.3.5
Active mining activities – Activities related to the extraction, removal or recovery, and
benefication of non-metallic minerals from the earth; removal of overburden and
waste rock to expose mineable minerals; and site reclamation and closure activities. All
such activities occur within the “active mining area.” Reclamation involves activities
undertaken, in compliance with applicable mined land reclamation requirements, to
return the land to an appropriate post-mining contour and land use in order to meet
applicable federal and state reclamation requirements. In addition, once earthdisturbing activities conducted prior to active mining activities have ceased and all
related requirements in Part 8.J.4 have been met, and a well-delineated “active mining
area” has been established, all activities (including any clearing, grading, and
excavation) that occur within the active mining area are “active mining activities
6
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Active mining area – A place where work or other activity related to
/1
removal or recovery of non-metallic minerals is being12
conducted, except, with respect
to surface mines, any area of land on or in whichd
e grading has been completed to
return the earth to desired contour and reclamation work has begun.
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viein the definition in Part 8.J.3.2 that occur on
Note: Earth-disturbing activities described
24,
areas outside the active mining area (e.g., for expansion of the mine into undeveloped
0
territory) are considered 1
- “earth-disturbing Part 8.J.4.
6the requirements inconducted prior to active mining activities”,
and must comply 1
with
o.mining facility – A site or portion of a site where mineral mining and/or
Inactive mineral
N
milling occurred in the past but there are no active mining activities occurring as
defined above, and where the inactive portion is not covered by an active mining
permit issued by the applicable state or federal agency. An inactive mineral mining
facility has an identifiable owner / operator. Sites where mining claims are being
maintained prior to disturbances associated with the extraction, beneficiation, or
processing of mined materials, and sites where minimal activities are undertaken for the
sole purpose of maintaining a mining claim are not considered either active or inactive
mining facilities and do not require an NPDES industrial stormwater permit.
8.J.3.6
8.J.4
Temporarily inactive mineral mining facility – A site or portion of a site where nonmetallic mineral mining and/or milling occurred in the past but currently are not being
actively undertaken, and the facility is covered by an active mining permit issued by
the applicable state or federal agency.
Requirements Applicable to Earth-Disturbing Activities Conducted Prior to Active Mining
Activities.
Stormwater discharges from earth-disturbing activities conducted prior to active mining
activities (defined in Part 8.J.3.2) are covered under this permit. For such earth-disturbing
activities, you must comply with all applicable requirements in Parts 1-9 of the MSGP except for
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the technology-based effluent limits in Part 8.J.5 and Part 2.1.2, the inspection requirements in
Part 8.J.7 and Part 3, and the monitoring requirements in Part 8.J.8 and Part 6.
Authorized discharges from areas where earth-disturbing activities have ceased and
stabilization as specified in Part 8.J.4.19 or 8.J.4.2.11, where appropriate, has been completed
(stabilization is not required for areas where active mining activities will occur), are no longer
subject to the Part 8.J.4 requirements. At such time, authorized discharges become subject to all
other applicable requirements in the MSGP, including the effluent limits in Parts 2.1.2 and 8.J.5,
the inspection requirements in Parts 3 and 8.J.7, and the monitoring requirements in Parts 6 and
8.J.8.
8.J.4.1
Technology-Based Effluent Limits Applicable to All Earth-Disturbing Activities Conducted
Prior to Active mining Activities. The following technology-based effluent limits apply to
authorized discharges from all earth-disturbing activities conducted prior to active
mining activities defined in Part 8.J.3.2(a) and 8.J.3.2(b). These limits supersede the
technology-based limits listed in Part 2.1.2 and Part 8.J.5 of the MSGP.
8.J.4.1.1
8.J.4.1.2
Erosion and sediment control installation requirements.
• By the time construction activities commence, install and make
operational downgradient sediment controls, unless this timeframe is
infeasible. If infeasible you must install and make such controls operational
as soon as practicable or as soon as site conditions permit.
• All other stormwater controls described in the SWPPP must be installed
and made operational as soon as conditions on each portion of the site
allows.
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Erosion and sediment control maintenance requirements. You must:
• Ensure that all erosion and sediment controls remain in effective operating
condition.
• Wherever you determine that a stormwater control needs maintenance
to continue operating effectively, initiate efforts to fix the problem
immediately after its discovery, and complete such work by the end of
the next work day.
• When a stormwater control must be replaced or significantly repaired,
complete the work within 7 days, unless infeasible. If 7 days is infeasible,
you must complete the installation or repair as soon practicable.
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8.J.4.1.3
Perimeter controls. You must:
• Install sediment controls along those perimeter areas of your disturbed
area that will receive stormwater, except where site conditions prevent
the use of such controls (in which case, maximize their installation to the
extent practicable).
• Remove sediment before it accumulates to one-half of the above-ground
height of any perimeter control.
8.J.4.1.4
Sediment track-out. For construction vehicles and equipment exiting the site
directly onto paved roads, you must:
• Use appropriate stabilization techniques to minimize sediment track-out
from vehicles and equipment prior to exit;
• Use additional controls to remove sediment from vehicle and equipment
tires prior to exit, where necessary;
• Remove sediment that is tracked out onto paved roads by end of the
work day.
Note: EPA recognizes that some fine grains may remain visible on the surfaces
of off-site streets, other paved areas, and sidewalks even after you have
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implemented sediment removal practices. Such “staining” is not a violation of
Part 8.J.4.1.4.
8.J.4.1.5
Soil or sediment stockpiles. You must:
• Minimize erosion of stockpiles from stormwater and wind via temporary
cover, if feasible.
• Prevent up-slope stormwater flows from causing erosion of stockpiles (e.g.,
by diverting flows around the stockpile).
• Minimize sediment from stormwater that runs off of stockpiles, using
sediment controls (e.g., a sediment barrier or downslope sediment
control).
8.J.4.1.6
Sediment basins. If you intend to install a sediment basin to treat stormwater
from your earth-disturbing activities, you must:
• Provide storage for either (1) the 2-year, 24-hour storm, or (2) 3,600 cubic
feet per acre drained.
• Prevent erosion of (1) basin embankments using stabilization controls (e.g.,
erosion control blankets), and (2) the inlet and outlet points of the basin
using erosion controls and velocity dissipation devices.
8.J.4.1.7
Minimize dust. You must minimize the generation of dust through the
appropriate application of water or other dust suppression techniques that
minimize pollutants being discharged into surface waters.
8.J.4.1.8
Restrictions on use of treatment chemicals. If you intend to use sediment
treatment chemicals at your site, you are subject to the following minimum
requirements:
• Use conventional erosion and sediment controls prior to and after
application of chemicals;
• Select chemicals suited to soil type, and expected turbidity, pH, flow rate;
• Minimize the discharge risk from stored chemicals;
• Comply with state/local requirements;
• Use chemicals in accordance with good engineering practices and
specifications of chemical supplier;
• Ensure proper training;
• Provide proper SWPPP documentation.
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If you plan to use cationic treatment chemicals (as defined in Appendix A),
you are ineligible for coverage under this permit, unless you notify your
applicable EPA Regional Office in advance and the EPA Regional Office
authorizes coverage under this permit after you have included appropriate
controls and implementation procedures designed to ensure that your use of
cationic treatment chemicals will not lead to a violation of water quality
standards.
8.J.4.1.9
Site stabilization requirements for earth-disturbing activities performed for
purposes of mine site preparation as defined in 8.J.3.2(a) (i.e., not applicable
to construction of staging areas for structures and access roads as defined in
8.J.3.2(b)). You must comply with the following stabilization requirements
except where the intended function of the site accounts for such disturbed
earth (e.g., the earth disturbances will become actively mined, or the controls
implemented at the active mining area effectively control the disturbance):
• Temporary stabilization of disturbed areas. Stabilization measures must be
initiated immediately in portions of the site where earth-disturbing
activities performed for purposes of mine site preparation (as defined in
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•
8.J.3.2(a)) have temporarily ceased, but in no case more than 14 days
after such activities have temporarily ceased. In arid, semi-arid, and
drought-stricken areas, or in areas subject to snow or freezing conditions,
where initiating perennial vegetative stabilization measures is not possible
within 14 days after earth-disturbing activities performed for purposes of
mine site preparation has temporarily ceased, temporary vegetative
stabilization measures must be initiated as soon as practicable. Until
temporary vegetative stabilization is achieved, interim measures such as
erosion control blankets with an appropriate seed base and tackifiers
must be employed. In areas of the site where earth-disturbing activities
performed for purposes of mine site preparation have permanently
ceased prior to active mining, temporary stabilization measures must be
implemented to minimize mobilization of sediment or other pollutants until
active mining activities commence.
Final stabilization of disturbed areas. Stabilization measures must be
initiated immediately where earth-disturbing activities performed for
purposes of mine site preparation (as defined in 8.J.3.2(a)) have
permanently ceased, but in no case more than 14 days after the earthdisturbing activities have permanently ceased. In arid, semi-arid, and
drought-stricken areas, or in areas subject to snow or freezing conditions,
where initiating perennial vegetative stabilization measures is not possible
within 14 days after earth-disturbing activities have permanently ceased,
final vegetative stabilization measures must be initiated as soon as
possible. Until final stabilization is achieved, temporary stabilization
measures, such as erosion control blankets with an appropriate seed base
and tackifiers, must be used.
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vie Applicable Only to the Construction of
Additional Technology-Based Effluent Limits
,
Staging Areas for Structures and 4
following technology-based
2 Access Roads. Theearth-disturbing activities associated
effluent limits apply to authorized discharges from
10 areas and the construction of access roads, as defined
with the construction of staging
16- supersede the technology-based limits listed in Part 2.1.2
in Part 8.J.3.2(b). These limits
o.the MSGP. These limits do not apply to earth-disturbing activities
N
and Part 8.J.5 of
performed for purposes of mine site preparation (as defined in 8.J.3.2(a)).
8.J.4.2.1
Area of disturbance. You must minimize the amount of soil exposed during
construction activities.
8.J.4.2.2
Erosion and sediment control design requirements. You must:
• Design, install and maintain effective erosion and sediment controls to
minimize the discharge of pollutants from construction activities. Account
for the following factors in designing your erosion and sediment controls:
o The expected amount, frequency, intensity and duration of
precipitation;
o The nature of stormwater runoff and run-on at the site, including
factors such as impervious surfaces, slopes and site drainage features;
o The range of soil particle sizes expected to be present on the site.
• Direct discharges from your stormwater controls to vegetated areas of
your site to increase sediment removal and maximize stormwater
infiltration, including any natural buffers, unless infeasible. Use velocity
dissipation devices if necessary to prevent erosion when directing
stormwater to vegetated areas.
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•
•
8.J.4.2.3
If any stormwater flow becomes or will be channelized at your site, you
must design erosion and sediment controls to control both peak flowrates
and total stormwater volume to minimize channel and streambank
erosion and scour in the immediate vicinity of discharge points.
If you install stormwater conveyance channels, they must be designed to
avoid unstabilized areas on the site and to reduce erosion, unless
infeasible. In addition, you must minimize erosion of channels and their
embankments, outlets, adjacent streambanks, slopes, and downstream
waters during discharge conditions through the use of erosion controls
and velocity dissipation devices within and along the length of any
constructed stormwater conveyance channel, and at any outlet to
provide a non-erosive flow velocity.
Natural Buffers. For any stormwater discharges from construction activities
within 50 feet of a water of the U.S., you must comply with one of the
following compliance alternatives:
1. Provide a 50-foot undisturbed natural buffer between construction
activities and the water of the U.S.; or
2. Provide an undisturbed natural buffer that is less than 50 feet
supplemented by additional erosion and sediment controls, which in
combination, achieve a sediment load reduction that is equivalent to a
50-foot undisturbed natural buffer; or
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3. If it is infeasible to provide an undisturbed natural buffer of any size,
implement erosion and sediment controls that achieve a sediment load
reduction that is equivalent to a 50-foot undisturbed natural buffer.
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vie requirements do not apply:
There are exceptions when buffer
• There is no stormwater discharge from construction disturbances to a
24,
0
water of the U.S;
6-1 has already been eliminated by preexisting
• The natural buffer
1
development disturbances;
o. disturbance is for the construction of a water-dependent structure or
N
• The
•
construction approved under a CWA section 404 permit;
For linear construction projects, you are not required to comply with the
requirements if there are site constraints provided that, to the extent
feasible, you limit disturbances within 50 feet of a water of the U.S. and/or
you provide supplemental erosion and sediment controls to treat
stormwater discharges from any disturbances within 50 feet of a water of
the U.S.
See
http://water.epa.gov/polwaste/npdes/stormwater/upload/cgp2012_append
ixg.pdf for guidance on complying with these alternatives.
8.J.4.2.4
Soil or sediment stockpiles. In addition to the requirements in Part 8.J.4.1.5,
you must locate any piles outside of any natural buffers established under Part
8.J.4.2.3.
8.J.4.2.5
Sediment basins. In addition to the requirements in Part 8.J.4.1.6, you must
locate sediment basins outside of any surface waters and any natural buffers
established under Part 8.J.4.2.3, and you must utilize outlet structures that
withdraw water from the surface, unless infeasible.
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8.J.4.2.6
Native topsoil preservation. You must preserve native topsoil removed during
clearing, grading, or excavation, unless infeasible. Store topsoil in a manner
that will maximize its use in reclamation or final vegetative stabilization (e.g.,
by keeping the topsoil stabilized with seed or similar measures). This
requirement does not apply if the intended function of the disturbed area
dictates that topsoil be disturbed or removed.
8.J.4.2.7
Steep slopes. You must minimize the disturbance of steep slopes. The permit
does not prevent or prohibit disturbance on steep slopes.
Depending on site conditions and needs, disturbance on steep slopes may
be necessary (e.g., a road cut in mountainous terrain; for grading steep
slopes prior to erecting the mine office). Where steep slope disturbances are
necessary, you can minimize the disturbances to steep slopes through the
implementation of a number of standard erosion and sediment control
practices, such as by phasing disturbances in these areas and using
stabilization practices specifically for steep grades.
8.J.4.2.8
8.J.4.2.9
Soil compaction. Where final vegetative stabilization will occur or where
infiltration practices will be installed, you must either restrict vehicle/
equipment use in these areas to avoid soil compaction or use soil
conditioning techniques to support vegetative growth. Minimizing soil
compaction is not required where compacted soil is integral to the
functionality of the site.
6
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1
Dewatering Practices. You are prohibited from discharging
12/
accumulated stormwater that is removed from excavations, trenches,
foundations, vaults or other similar points of accumulation, unless such waters
ed controls (e.g., sediment basins or
w
are first effectively managed by appropriate
vie
sediment traps, sediment ,
socks, dewatering tanks, tube settlers, weir tanks, or
filtration systems). Uncontaminated, non-turbid dewatering water can be
24 routed to a control.
discharged without being
10
6-meet the following requirements for dewatering activities:
You must also
.1
• o
Discharge requirements:
N o No discharging visible floating solids or foam;
Remove oil, grease and other pollutants from dewatering water via an
oil-water separator or suitable filtration device (such as a cartridge
filter);
o Utilize vegetated upland areas of the site, to the extent feasible, to
infiltrate dewatering water before discharge. In no case shall waters of
the U.S. be considered part of the treatment area;
o Implement velocity dissipation devices at all points where dewatering
water is discharged;
o Haul backwash water away for disposal or return it to the beginning of
the treatment process; and
o Clean or replace the filter media used in dewatering devices when
the pressure differential equals or exceeds the manufacturer’s
specifications.
Treatment chemical restrictions: If you use polymers, flocculants or other
chemicals to treat dewatering water, you must comply with the
requirements in Parts 8.J.4.1.8.
o
•
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8.J.4.2.10 Pollution prevention requirements.
• Prohibited discharges (this non-exhaustive list of prohibited nonstormwater discharges is included here as a reminder that only the only
allowable non-stormwater discharges are those enumerated in Part 1.1.3):
o Wastewater from washout of concrete;
o Wastewater from washout and cleanout of stucco, paint, form release
oils, curing compounds, and other construction materials;
o Fuels, oils, or other pollutants used for operation and maintenance of
vehicles or equipment;
o Soaps, solvents, or detergents used in vehicle or equipment washing;
o Toxic or hazardous substances from a spill or other release.
• Design and location requirements: Minimize the discharge of pollutants
from pollutant sources by:
o Minimizing exposure;
o Using secondary containment, spill kits, or other equivalent measures;
o Locating pollution sources away from surface waters, storm sewer
inlets, and drainageways;
o Cleaning up spills immediately (do not clean by hosing area down).
• Pollution prevention requirements for wash waters: Minimize the discharge
of pollutants from equipment and vehicle washing, wheel wash water,
and other wash waters. Wash waters must be treated in a sediment basin
or alternative control that provides equivalent or better treatment prior to
discharge;
• Pollution prevention requirements for the storage, handling, and disposal
of construction products, materials, and wastes: Minimize the exposure of
building materials, building products, construction wastes, trash,
landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary
waste, and other materials present on the site to stormwater. Minimization
of exposure is not required in cases where the exposure to stormwater will
not result in a discharge of pollutants, or where exposure of a specific
material or product poses little risk of stormwater contamination (such as
final products and materials intended for outdoor use).
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8.J.4.2.11 Site Stabilization requirements for the construction of staging areas for
structures and access roads as defined in 8.J.3.2(b) (i.e., not applicable to
earth-disturbing activities performed for purposes of mine site preparation as
defined in 8.J.3.2(a)). You must comply with the following stabilization
requirements, except where the intended function of the site accounts for
such disturbed earth (e.g., the area of construction will become actively
mined, or the controls implemented at the active mining area effectively
control the disturbance):
• By no later than the end of the next work day after construction work in
an area has stopped permanently or temporarily (“temporarily” means
the land will be idle for a period of 14 days or more but earth-disturbing
activities will resume in the future), immediately initiate stabilization
measures;
• If using vegetative measures, by no later than 14 days after initiating
stabilization:
o Seed or plant the area, and provide temporary cover to protect the
planted area;
o Once established, vegetation must be uniform, perennial (if final
stabilization), and cover at least 70% of stabilized area based on
density of native vegetation.
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•
If using non-vegetative stabilization, by no later than 14 days after
initiating stabilization:
o Install or apply all non-vegetative measures;
o Cover all areas of exposed soil.
Note: For the purposes of this permit, EPA will consider any of the following
types of activities to constitute the initiation of stabilization: 1. Prepping the soil
for vegetative or non-vegetative stabilization; 2. Applying mulch or other nonvegetative product to the exposed area; 3. Seeding or planting the exposed
area; 4. Starting any of the activities in # 1 – 3 on a portion of the area to be
stabilized, but not on the entire area; and 5. Finalizing arrangements to have
stabilization product fully installed in compliance with the applicable
deadline for completing stabilization.
Exceptions:
• Arid, semi-arid (if construction occurs during seasonally dry period), or
drought-stricken areas:
o Within 14 days of stopping construction work in an area, install any
necessary non-vegetative stabilization measures;
o Initiate vegetative stabilization as soon as conditions on the site allow;
o Document the schedule that will be followed for initiating and
completing vegetative stabilization;
o Plant the area so that within 3 years the 70% cover requirement is met.
• Sites affected by severe storm events or other unforeseen circumstances:
o Initiate vegetative stabilization as soon conditions on the site allow;
o Document the schedule that will be followed for initiating and
completing vegetative stabilization;
o Plant the area so that so that within 3 years the 70% cover requirement
is met.
8.J.4.3
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Water Quality-Based Requirements Applicable to Earth-Disturbing Activities Conducted
Prior to Active Mining Activities.
o. 1
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The following water quality-based limits apply to earth-disturbing activities conducted
prior to active mining activities defined in Part 8.J.3.2(a) and 8.J.3.2(b), in addition to
the water quality-based limits in Part 2.2 of the MSGP.
Stricter requirements apply if your site will discharge to an impaired water or a water
that is identified by your state, tribe, or EPA as a Tier 2 or Tier 2.5 for antidegradation
purposes:
• More rapid stabilization of exposed areas: Complete initial stabilization activities
within 7 days of stopping construction work.
• More frequent site inspections: Once every 7 days and within 24 hours of a storm
event of 0.25 inches or greater.
8.J.4.4
Inspection Requirements Applicable to Earth-Disturbing Activities Conducted Prior to
Active Mining Activities.
The following requirements supersede the inspections requirements in Part 3 and 8.J.7
of the MSGP for earth-disturbing activities conducted prior to active mining activities
defined in Part 8.J.3.2(a) and 8.J.3.2(b).
8.J.4.4.1
Inspection Frequency
• At least once every 7 calendar days, or
• Once every 14 calendar days and within 24 hours of a storm event of 0.25
inches or greater.
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Note:
o Inspections only required during working hours;
o Inspections not required during unsafe conditions; and
o If you choose to inspect once every 14 days, you must have a method
for measuring rainfall amount on site (either rain gauge or
representative weather station)
Note: To determine if a storm event of 0.25 inches or greater has occurred on
your site, you must either keep a properly maintained rain gauge on your site,
or obtain the storm event information from a weather station that is
representative of your location. For any day of rainfall during normal business
hours that measures 0.25 inches or greater, you must record the total rainfall
measured for that day.
Note: You are required to specify in your SWPPP which schedule you will be
following.
Note: “Within 24 hours of the occurrence of a storm event” means that you
are required to conduct an inspection within 24 hours once a storm event has
produced 0.25 inches, even if the storm event is still continuing. Thus, if you
have elected to inspect bi- and there is a storm event at your site that
continues for multiple days, and each day of the storm produces 0.25 inches
or more of rain, you are required to conduct an inspection within 24 hours of
the first day of the storm and within 24 hours after the end of the storm.
8.J.4.4.2
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Reductions in Inspection Frequency
• Stabilized areas: You may reduce the frequency of inspections to once
per month in any area of your site where stabilization has occurred
pursuant to Part 8.J.4.1.9 or 8.J.4.2.11.
• Arid, semi-arid, and drought stricken areas: If earth-disturbing activities are
occurring during the seasonally dry period or during a period in which
drought is predicted to occur, you may reduce inspections to once per
month and within 24 hours of a 0.25 inch storm event.
• Frozen conditions: You may temporarily suspend or reduce inspections to
once per month until thawing conditions occur if frozen conditions are
continuous and disturbed areas have been stabilized. For extreme
conditions in remote areas, e.g., where transit to the site is
perilous/restricted or temperatures are routinely below freezing, you may
suspend inspections until the conditions are conducive to safe access,
and more frequent inspections can resume.
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8.J.4.4.3
Areas to be Inspected. You must at a minimum inspect the all of the following
areas:
• Disturbed areas;
• Stormwater controls and pollution prevention measures;
• Locations where stabilization measures have been implemented;
• Material, waste, borrow, or equipment storage and maintenance areas;
• Areas where stormwater flows;
• Points of discharge.
8.J.4.4.4
What to Check for During Inspections. At a minimum you must check:
• Whether all stormwater controls are installed, operational and working as
intended;
• Whether any new or modified stormwater controls are needed;
• For conditions that could lead to a spill or leak;
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•
For visual signs of erosion/sedimentation at points of discharge.
If a discharge is occurring:
• The quality and characteristics of the discharge;
• Whether controls are operating effectively.
8.J.4.4.5
8.J.4.5
Inspection Report. Within 24 hours of an inspection, complete a report that
includes:
• Inspection date;
• Name and title of inspector(s);
• Summary of inspection findings;
• Rainfall amount that triggered the inspection (if applicable);
• If it was unsafe to inspect a portion of the site, include documentation of
the reason and the location(s);
• Each inspection report must be signed;
• Keep a current copy of all reports at the site or at an easily accessible
location.
Cessation of Requirements Applicable to Earth-Disturbing Activities Conducted Prior to
Active Mining Activities. The requirements in 8.J.4 no longer apply for any earthdisturbing activities conducted prior to active mining activities as defined in 8.J.3.2(a) or
8.J.3.2(b) where:
1. Earth-disturbing activities have ceased; and
2. Stabilization has been met consistent with Part 8.J.4.1.9 or 8.J.4.2.11 (not required for
areas where active mining activities will occur).
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e
Note: These requirements do not apply for any discharges
ew or 8.J.3.2(b).
conducted prior to active-mining as defined in 8.J.3.2(a)
, vitraining at least annually at active and
8.J.5.1 Employee Training. Conduct employee
024 Part 2.1.2.8).
temporarily inactive sites. (See also
6-1 from the control measures you implement to meet your Part
8.J.5.2 Stormwater Controls. Apart
.1
2 effluent No where necessary to minimize pollutant discharges in stormwater,
limits,
8.J.5
Technology-Based Effluent Limits for Active Mining Activities.
implement the following control measures at your site. The potential pollutants
identified in Part 8.J.6.3 shall determine the priority and appropriateness of the control
measures selected.
Stormwater Diversions: Divert stormwater away from potential pollutant sources through
implementation of control measures such as the following, where determined to be
feasible (list not exclusive): interceptor or diversion controls (e.g., dikes, swales, curbs,
berms); pipe slope drains; subsurface drains; conveyance systems (e.g., channels or
gutters, open-top box culverts, and waterbars; rolling dips and road sloping; roadway
surface water deflector and culverts); or their equivalents. For mines subject to dust
control requirements under state or county air quality permits, provided the
requirements are equivalent, compliance with such air permit dust requirements shall
constitute compliance with the dust control effluent limit in Part 2.1.2.10.
Capping: When capping is necessary to minimize pollutant discharges in stormwater,
identify the source being capped and the material used to construct the cap.
Treatment: If treatment of stormwater (e.g., chemical or physical systems, oil and water
separators, artificial wetlands) is necessary to protect water quality, describe the type
and location of treatment used. Passive and/or active treatment of stormwater runoff is
encouraged. Treated runoff may be discharged as a stormwater source regulated
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under this permit provided the discharge is not combined with discharges subject to
effluent limitation guidelines for the Mineral Mining and Processing Point Source
Category (40 CFR Part 436).
8.J.5.3
8.J.6
Discharge Testing. (See also Part 5.2.3.4) Test or evaluate all outfalls covered under this
permit for the presence of specific mining-related but unauthorized non-stormwater
discharges such as discharges subject to effluent limitations guidelines (e.g., 40 CFR
Part 436). Alternatively (if applicable), you may keep a certification with your SWPPP,
per Part 8.J.6.6.
Additional SWPPP Requirements for Mining Operations.
Note: The requirements in Part 8.J.6 are not applicable to inactive mineral mining
facilities.
8.J.6.1
Nature of Industrial Activities. (See also Part 5.2.2) Document in your SWPPP the mining
and associated activities that can potentially affect the stormwater discharges
covered by this permit, including a general description of the location of the site
relative to major transportation routes and communities.
8.J.6.2
Site Map. (See also Part 5.2.2) Document in your SWPPP the locations of the following
(as appropriate): mining or milling site boundaries; access and haul roads; outline of the
drainage areas of each stormwater outfall within the facility with indications of the
types of discharges from the drainage areas; location(s) of all permitted discharges
covered under an individual NPDES permit; outdoor equipment storage, fueling, and
maintenance areas; materials handling areas; outdoor manufacturing, outdoor
storage, and material disposal areas; outdoor chemicals and explosives storage areas;
overburden, materials, soils, or waste storage areas; location of mine drainage
dewatering or other process water; heap leach pads; off-site points of discharge for
mine dewatering and process water; surface waters; boundary of tributary areas that
are subject to effluent limitations guidelines; and location(s) of reclaimed areas.
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8.J.6.3
Potential Pollutant Sources. (See also Part 5.2.3) For each area of the mine or mill site
where stormwater discharges associated with industrial activities occur, document in
your SWPPP the types of pollutants (e.g., heavy metals, sediment) likely to be present in
significant amounts. For example, phosphate mining facilities will likely need to
document pollutants such as selenium, which can be present in significant amounts in
their discharges. Consider these factors: the mineralogy of the waste rock (e.g., acid
forming); toxicity and quantity of chemicals used, produced, or discharged; the
likelihood of contact with stormwater; vegetation of site (if any); and history of
significant leaks or spills of toxic or hazardous pollutants. Also include a summary of any
existing waste rock or overburden characterization data and test results for potential
generation of acid rock drainage.
8.J.6.4
Documentation of Control Measures. To the extent that you use any of the control
measures in Part 8.J.5.2, document them in your SWPPP per Part 5.2.4. If control
measures are implemented or planned but are not listed here (e.g., substituting a less
toxic chemical for a more toxic one), include descriptions of them in your SWPPP. If you
are in compliance with dust control requirements under state or county air quality
permits, you must state (or summarize, as necessary) what the state or county air quality
permit dust control requirements are and how you’ve achieved compliance with them.
8.J.6.5
Employee Training. All employee training(s) conducted in accordance with Part 8.J.5.1
must be documented with the SWPPP.
8.J.6.6
Certification of Permit Coverage for Commingled Non-Stormwater Discharges. If you
determine that you are able to certify, consistent with Part 8.J.5.3, that a particular
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discharge composed of commingled stormwater and non-stormwater is covered
under a separate NPDES permit, and that permit subjects the non-stormwater portion
to effluent limitations prior to any commingling, you must retain such certification with
your SWPPP. This certification must identify the non-stormwater discharges, the
applicable NPDES permit(s), the effluent limitations placed on the non-stormwater
discharge by the permit(s), and the points at which the limitations are applied.
8.J.7
Additional Inspection Requirements. (See also Part 3.1)
Except for earth-disturbing activities conducted prior to active mining activities as
defined in Part 8.J.3.2(a) and 8.J.3.2(b), which are subject to Part 8.J.4.4, perform inspections at
least quarterly unless adverse weather conditions make the site inaccessible. Sites which
discharge to waters which are designated as Tier 2 or 2.5 or waters which are impaired for
sediment or nitrogen must be inspected monthly. See Part 8.J.8.1 for inspection requirements for
inactive and unstaffed sites.
8.J.8
Sector-Specific Benchmarks. (See also Part 6)
Table 8.J-1 identifies benchmarks that apply to the specific subsectors of Sector J. These
benchmarks apply to both your primary industrial activity and any co-located industrial
activities. Note: There are no Part 8.J.8 monitoring and reporting or impaired waters monitoring
requirements for inactive and unstaffed sites.
Table 8.J-1.
Subsector
(You may be subject to requirements for
more than one sector/subsector)
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Parameter
e
Benchmark
Monitoring
Concentration
100 mg/L
24,
Subsector J2. Dimension and Crushed Stone
100 mg/L
-10
and Nonmetallic Minerals (except fuels) (SIC
1411, 1422-1429, 1481, 1499)
. 16
No
8.J.8.1 Inactive and Unstaffed Sites – Conditional Exemption from No Exposure Requirement for
Subsector J1. Sand and Gravel Mining (SIC
1442, 1446)
Nitrate plus Nitrite Nitrogen
Total Suspended Solids (TSS)
Total Suspended Solids (TSS)
0.68 mg/L
Routine Inspections, Quarterly Visual Assessments, and Benchmark and Impaired
Waters Monitoring. As a Sector J facility, if you are seeking to exercise a waiver from
either the routine inspection, quarterly visual assessment or the benchmark and/or
impaired monitoring requirements for inactive and unstaffed sites (including temporarily
inactive sites), you are conditionally exempt from the requirement to certify that “there
are no industrial materials or activities exposed to stormwater” in Parts 3.1.1, 3.2.3,
6.2.1.3, and 6.2.4.3. This exemption is conditioned on the following:
• If circumstances change and your facility becomes active and/or staffed, this
exception no longer applies and you must immediately begin complying with the
applicable benchmark monitoring requirements as if you were in your first year of
permit coverage, and the quarterly visual assessment requirements; and
•
EPA retains the authority to revoke this exemption and/or the monitoring waiver
where it is determined that the discharge causes, has a reasonable potential to
cause, or contributes to an instream excursion above an applicable water quality
standard, including designated uses.
Subject to the two conditions above, if your facility is inactive and unstaffed, you are waived
from the requirement to conduct routine facility inspections, quarterly visual assessments, and
benchmark and impaired waters monitoring. You must still conduct an annual site inspection in
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Multi-Sector General Permit (MSGP)
accordance with Part 3.1. You are encouraged to inspect your site more frequently where you
have reason to believe that severe weather or natural disasters may have damaged control
measures or increased discharges.
8.J.9
Effluent Limitations Based on Effluent Limitations Guidelines. (See also Part 6.2.2.1).
Table 8.J-2 identifies effluent limits that apply to the industrial activities described below.
Compliance with these effluent limits is to be determined based on discharges from these
industrial activities independent of commingling with any other waste streams that may be
covered under this permit.
Table 8.J-2
Industrial Activity
Parameter
Mine dewatering discharges at crushed stone
mining facilities (SIC 1422 - 1429)
Mine dewatering discharges at construction
sand and gravel mining facilities (SIC 1442)
Mine dewatering discharges at industrial sand
mining facilities (SIC 1446)
Effluent Limitation1
pH
6.0 - 9.0
pH
6.0 - 9.0
Total Suspended
Solids (TSS)
25 mg/L, monthly avg.
pH
1Monitor
8.J.10.1
8.J.10.2
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d After December 17, 1990. A site or a
e
Termination of Permit Coverage for Sites Reclaimed
ew
portion of a site that has been released i
, v from applicable state or federal reclamation
requirements after December 17, 1990, is no longer required to maintain coverage
4
under this permit. If the site 02
or portion of a site reclaimed after December 17, 1990, was
not subject to reclamation requirements, the site or portion of the site is no longer
6-1 under this permit if the site or portion of the site has
required to maintain coverage
o. 1
been reclaimed as defined in Part 8.J.3.5.
N
Termination of Permit Coverage for Sites Reclaimed Before December 17, 1990. A site or
annually.
8.J.10
45 mg/L, daily
maximum
6.0 - 9.0
Termination of Permit Coverage.
portion of a site that was released from applicable state or federal reclamation
requirements before December 17, 1990, or that was otherwise reclaimed before
December 17, 1990, is no longer required to maintain coverage under this permit if the
site or portion of the site has been reclaimed. A site or portion of a site is considered to
have been reclaimed if: (1) stormwater runoff that comes into contact with raw
materials, intermediate byproducts, finished products, and waste products does not
have the potential to cause or contribute to violations of state water quality standards,
(2) soil disturbing activities related to mining at the sites or portion of the site have been
completed, (3) the site or portion of the site has been stabilized to minimize soil erosion,
and (4) as appropriate depending on location, size, and the potential to contribute
pollutants to stormwater discharges, the site or portion of the site has been
revegetated, will be amenable to natural revegetation, or will be left in a condition
consistent with the post-mining land use.
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Multi-Sector General Permit (MSGP)
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart K – Sector K – Hazardous Waste Treatment, Storage, or Disposal Facilities.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.K.1
Covered Stormwater Discharges.
The requirements in Subpart K apply to stormwater discharges associated with industrial
activity from Hazardous Waste Treatment, Storage, or Disposal facilities (TSDFs) as identified by
the Activity Code specified under Sector K in Table D-1 of Appendix D of the permit.
8.K.2
Industrial Activities Covered by Sector K.
This permit authorizes stormwater discharges associated with industrial activity from
facilities that treat, store, or dispose of hazardous wastes and that are operating under interim
status or a permit under subtitle C of RCRA.
Disposal facilities that have been properly closed and capped, and have no significant
materials exposed to stormwater, are considered inactive and do not require permits.
8.K.3
8.K.3.1
8.K.3.2
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Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) The following are not
12/
authorized by this permit: leachate, gas collection condensate, drained free liquids,
contaminated ground water, laboratory-derived d
e wastewater, and contact wash water
from washing truck and railcar exteriors iew
and surface areas that have come in direct
contact with solid waste at the landfill facility. (EPA includes these prohibited non,v
4as a helpful reminder to the operator that the only
stormwater discharges here solely
2
non-stormwater discharges0
1 authorized by this permit are at Part 1.1.3.)
16Limitations on Coverage for Facilities Providing Commercial TSDF Services. For facilities
o.
located in Region 6 (see Appendix C) coverage is limited to hazardous waste TSDFs that
N
are self-generating (including occasionally accepting wastes from community household
Limitations on Coverage.
hazardous waste collection events as public service), handle only residential wastes,
and/or only store hazardous wastes and do not treat or dispose of them. Coverage
under this permit is not available to commercial waste disposal and treatment facilities
located in Region 6 that dispose and treat on a commercial basis any produced
hazardous wastes (i.e., not their own) as a service to commercial or industrial generators.
8.K.4
Definitions.
8.K.4.1
Contaminated stormwater – stormwater that comes into direct contact with landfill
wastes, the waste handling and treatment areas, or landfill wastewater as defined in
Part 8.K.4.4. Some specific areas of a landfill that may produce contaminated
stormwater include (but are not limited to) the open face of an active landfill with
exposed waste (no cover added); the areas around wastewater treatment operations;
trucks, equipment, or machinery that has been in direct contact with the waste; and
waste dumping areas.
8.K.4.2
Drained free liquids – aqueous wastes drained from waste containers (e.g., drums) prior
to landfilling.
8.K.4.3
Landfill – an area of land or an excavation in which wastes are placed for permanent
disposal, but that is not a land application or land treatment unit, surface
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impoundment, underground injection well, waste pile, salt dome formation, salt bed
formation, underground mine, or cave as these terms are defined in 40 CFR 257.2,
258.2, and 260.10.
8.K.4.4
Landfill wastewater – as defined in 40 CFR Part 445 (Landfills Point Source Category), all
wastewater associated with, or produced by, landfilling activities except for sanitary
wastewater, non-contaminated stormwater, contaminated ground water, and
wastewater from recovery pumping wells. Landfill wastewater includes, but is not
limited to, leachate, gas collection condensate, drained free liquids, laboratory
derived wastewater, contaminated stormwater, and contact wash water from washing
truck, equipment, and railcar exteriors and surface areas that have come in direct
contact with solid waste at the landfill facility.
8.K.4.5
Leachate – liquid that has passed through or emerged from solid waste and contains
soluble, suspended, or miscible materials removed from such waste.
8.K.4.6
Non-contaminated stormwater – stormwater that does not come into direct contact
with landfill wastes, the waste handling and treatment areas, or landfill wastewater as
defined in Part 8.K.4.4. Non-contaminated stormwater includes stormwater that flows
off the cap, cover, intermediate cover, daily cover, and/or final cover of the landfill.
8.K.5
Sector-Specific Benchmarks. (See also Part 6)
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Table 8.K-1 identifies benchmarks that apply to the specific subsectors of Sector K. These
benchmarks apply to both your primary industrial activity and any co-located industrial
activities.
Table 8.K-1.
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Subsector
(You may be subject to requirements for more
than one sector/subsector)
Subsector K1. ALL - Industrial Activity Code “HZ”
(Note: permit coverage limited in some states).
Benchmarks only applicable to discharges not
subject to effluent limitations in 40 CFR Part 445
Subpart A (see below).
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Parameter
Ammonia
Total Magnesium
Chemical Oxygen Demand
(COD)
Total Arsenic (freshwater)
Total Arsenic
(saltwater)1
Total Cadmium (freshwater)2
Total Cadmium (saltwater)1
Total Cyanide (freshwater)
Total Cyanide (saltwater)1
Total Lead (freshwater)2
Total Lead (saltwater)1
Total Mercury (freshwater)
Total Mercury (saltwater)1
Total Selenium (freshwater)
Total Selenium (saltwater)1
Total Silver (freshwater)2
Total Silver (saltwater)1
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Benchmark
Monitoring
Concentration
2.14 mg/L
0.064 mg/L
120 mg/L
0.15 mg/L
0.069 mg/L
Hardness
Dependent
0.04 mg/L
0.022 mg/L
0.001 mg/L
Hardness
Dependent
0.21 mg/L
0.0014 mg/L
0.0018 mg/L
0.005 mg/L
0.29 mg/L
Hardness
Dependent
0.0019 mg/L
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1Saltwater
benchmark values apply to stormwater discharges into saline waters where indicated.
The freshwater benchmark values of some metals are dependent on water hardness. For these parameters, permittees
must determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving Waters for
Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable ‘hardness
range’ for determining their benchmark value applicable to their facility. Hardness Dependent Benchmarks follow in the
table below:
2
Freshwater Hardness Range
Cadmium
(mg/L)
Lead
(mg/L)
Silver
(mg/L)
0-24.99 mg/L
0.0005
0.014
0.0007
25-49.99 mg/L
0.0008
0.023
0.0007
50-74.99 mg/L
0.0013
0.045
0.0017
75-99.99 mg/L
0.0018
0.069
0.0030
100-124.99 mg/L
0.0023
0.095
0.0046
125-149.99 mg/L
0.0029
0.122
0.0065
150-174.99 mg/L
0.0034
0.151
0.0087
175-199.99 mg/L
0.0039
0.182
0.0112
200-224.99 mg/L
0.0045
0.213
0.0138
225-249.99 mg/L
0.0050
0.246
0.0168
250+ mg/L
0.0053
0.262
0.0183
8.K.6
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Effluent Limitations Based on Effluent Limitations Guidelines. (See also Part 6.2.2.1)
Table 8.K-2 identifies effluent limitations that apply to the industrial activities described
below. Compliance with these effluent limitations is to be determined based on discharges from
these industrial activities independent of commingling with any other waste streams that may be
covered under this permit.
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Table 8.K-21
Industrial Activity
Parameter
Discharges from
hazardous waste landfills
subject to effluent
limitations in 40 CFR Part
445 Subpart A (see
footnote).
Effluent Limitation
Biochemical Oxygen
Demand (BOD5)
Total Suspended
Solids (TSS)
Ammonia
220 mg/L, daily maximum
56 mg/L, monthly avg. maximum
88 mg/L, daily maximum
27 mg/L, monthly avg. maximum
10 mg/L, daily maximum
4.9 mg/L, monthly avg. maximum
0.042 mg/L, daily maximum
0.019 mg/L, monthly avg. maximum
0.024 mg/L, daily maximum
0.015 mg/L, monthly avg. maximum
0.119 mg/L, daily maximum
0.073 mg/L, monthly avg. maximum
0.059 mg/L, daily maximum
0.022 mg/L, monthly avg. maximum
0.024 mg/L, daily maximum
0.015 mg/L, monthly avg. maximum
0.048 mg/L, daily maximum
0.029 mg/L, monthly avg. maximum
0.072 mg/L, daily maximum
0.025 mg/L, monthly avg. maximum
1.1 mg/L, daily maximum
0.54 mg/L, monthly avg. maximum
1.1 mg/L, daily maximum
0.46 mg/L, monthly avg. maximum
0.535 mg/L, daily maximum
0.296 mg/L, monthly avg. maximum
Within the range of 6-9 standard pH units
(s.u.)
Alpha Terpineol
Aniline
Benzoic Acid
Naphthalene
p-Cresol
Phenol
Pyridine
Total Arsenic
Total
102Zinc
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pH
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Monitor annually. As set forth at 40 CFR Part 445 Subpart A, these numeric limitations apply to contaminated
stormwater discharges from hazardous waste landfills subject to the provisions of RCRA Subtitle C at 40 CFR Parts 264
(Subpart N) and 265 (Subpart N) except for any of the following facilities:
(a) landfills operated in conjunction with other industrial or commercial operations when the landfill receives only
wastes generated by the industrial or commercial operation directly associated with the landfill;
(b) landfills operated in conjunction with other industrial or commercial operations when the landfill receives wastes
generated by the industrial or commercial operation directly associated with the landfill and also receives other
wastes, provided that the other wastes received for disposal are generated by a facility that is subject to the
same provisions in 40 CFR Subchapter N as the industrial or commercial operation or that the other wastes
received are of similar nature to the wastes generated by the industrial or commercial operation;
(c) landfills operated in conjunction with Centralized Waste Treatment (CWT) facilities subject to 40 CFR Part 437, so
long as the CWT facility commingles the landfill wastewater with other non-landfill wastewater for discharge. A
landfill directly associated with a CWT facility is subject to this part if the CWT facility discharges landfill
wastewater separately from other CWT wastewater or commingles the wastewater from its landfill only with
wastewater from other landfills; or
(d) landfills operated in conjunction with other industrial or commercial operations when the landfill receives wastes
from public service activities, so long as the company owning the landfill does not receive a fee or other
remuneration for the disposal service.
1
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Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart L – Sector L – Landfills, Land Application Sites, and Open Dumps.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.L.1
Covered Stormwater Discharges.
The requirements in Subpart L apply to stormwater discharges associated with industrial
activity from Landfills and Land Application Sites as identified by the Activity Code specified
under Sector L in Table D-1 of Appendix D of the permit.
8.L.2
Industrial Activities Covered by Sector L.
This permit may authorize stormwater discharges for Sector L facilities associated with
waste disposal at landfills, land application sites that receive or have received industrial waste,
including sites subject to regulation under Subtitle D of RCRA. This permit does not cover
discharges from landfills that receive only municipal wastes.
8.L.3
8.L.3.1
8.L.3.2
8.L.4
Limitations on Coverage.
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Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) The following discharges
are not authorized by this permit: leachate, gas collection condensate, drained free
liquids, contaminated ground water, laboratory wastewater, and contact wash water
from washing truck and railcar exteriors and surface areas that have come in direct
contact with solid waste at the landfill facility. (EPA includes these prohibited nonstormwater discharges here solely as a helpful reminder to the operator that the only
non-stormwater discharges authorized by this permit are at Part 1.1.3.)
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Prohibition Stormwater Discharges from Open Dumps. Discharges from open dumps as
defined under RCRA are also not authorized under this permit.
Definitions.
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8.L.4.1
Contaminated stormwater – stormwater that comes into direct contact with landfill
wastes, the waste handling and treatment areas, or landfill wastewater. Some areas of
a landfill that may produce contaminated stormwater include (but are not limited to)
the open face of an active landfill with exposed waste (no cover added); the areas
around wastewater treatment operations; trucks, equipment, or machinery that has
been in direct contact with the waste; and waste dumping areas.
8.L.4.2
Drained free liquids – aqueous wastes drained from waste containers (e.g., drums) prior
to landfilling.
8.L.4.3
Landfill wastewater – as defined in 40 CFR Part 445 (Landfills Point Source Category) all
wastewater associated with, or produced by, landfilling activities except for sanitary
wastewater, non-contaminated stormwater, contaminated ground water, and
wastewater from recovery pumping wells. Landfill process wastewater includes, but is
not limited to, leachate; gas collection condensate; drained free liquids; laboratoryderived wastewater; contaminated stormwater; and contact wash water from washing
truck, equipment, and railcar exteriors and surface areas that have come in direct
contact with solid waste at the landfill facility.
8.L.4.4
Leachate – liquid that has passed through or emerged from solid waste and contains
soluble, suspended, or miscible materials removed from such waste.
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8.L.4.5
8.L.5
Non-contaminated stormwater – stormwater that does not come into direct contact
with landfill wastes, the waste handling and treatment areas, or landfill wastewater.
Non-contaminated stormwater includes stormwater that flows off the cap, cover,
intermediate cover, daily cover, and/or final cover of the landfill.
Additional Technology-Based Effluent Limits.
8.L.5.1
Preventive Maintenance Program. (See also Part 2.1.2.3) As part of your preventive
maintenance program, maintain the following: all elements of leachate collection and
treatment systems, to prevent commingling of leachate with stormwater; the integrity
and effectiveness of any intermediate or final cover (including repairing the cover as
necessary), to minimize the effects of settlement, sinking, and erosion.
8.L.5.2
Erosion and Sedimentation Control. (See also Part 2.1.2.5) Provide temporary
stabilization (e.g., temporary seeding, mulching, and placing geotextiles on the
inactive portions of stockpiles) for the following in order to minimize discharges of
pollutants in stormwater: materials stockpiled for daily, intermediate, and final cover;
inactive areas of the landfill or open dump; landfills or open dump areas that have
gotten final covers but where vegetation has yet to establish itself; and land
application sites where waste application has been completed but final vegetation
has not yet been established.
8.L.6
8.L.5.1
8.L.5.2
Additional SWPPP Requirements.
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Summary of Potential Pollutant Sources. (See also Part 5.2.3) Document in your SWPPP
the following sources and activities that have potential pollutants associated with
them: fertilizer, herbicide, and pesticide application; earth and soil moving; waste
hauling and loading or unloading; outdoor storage of significant materials, including
daily, interim, and final cover material stockpiles as well as temporary waste storage
areas; exposure of active and inactive landfill and land application areas; uncontrolled
leachate flows; and failure or leaks from leachate collection and treatment systems.
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8.L.7
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Drainage Area Site Map. (See also Part 5.2.2) Document in your SWPPP where any of
the following may be exposed to precipitation or surface runoff: active and closed
landfill cells or trenches, active and closed land application areas, locations where
open dumping is occurring or has occurred, locations of any known leachate springs or
other areas where uncontrolled leachate may commingle with runoff, and leachate
collection and handling systems.
Additional Inspection Requirements. (See also Part 3)
8.L.7.1
Inspections of Active Sites. Except in arid and semi-arid climates, inspect operating
landfills, open dumps, and land application sites at least once every 7 days. Focus on
areas of landfills that have not yet been finally stabilized; active land application areas,
areas used for storage of material and wastes that are exposed to precipitation,
stabilization, and structural control measures; leachate collection and treatment
systems; and locations where equipment and waste trucks enter and exit the site.
Ensure that sediment and erosion control measures are operating properly. For
stabilized sites and areas where land application has been completed, or where the
climate is arid or semi-arid, conduct inspections at least once every month.
8.L.7.2
Inspections of Inactive Sites. Inspect inactive landfills, open dumps, and land
application sites at least quarterly. Qualified personnel must inspect landfill (or open
dump) stabilization and structural erosion control measures, leachate collection and
treatment systems, and all closed land application areas.
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Multi-Sector General Permit (MSGP)
8.L.8
Additional Post-Authorization Documentation Requirements.
8.L.8.1
8.L.9
Recordkeeping and Internal Reporting. Keep records with your SWPPP of the types of
wastes disposed of in each cell or trench of a landfill or open dump. For land
application sites, track the types and quantities of wastes applied in specific areas.
Sector-Specific Benchmarks. (See also Part 6)
Table 8.L-1 identifies benchmarks that apply to the specific subsectors of Sector L. These
benchmarks apply to both your primary industrial activity and any co-located industrial
activities.
Table 8.L-1.
Subsector
(You may be subject to requirements for more than one
sector/subsector)
Subsector L1. All Landfill, Land Application Sites and Open
Dumps (Industrial Activity Code “LF”)
Subsector L2. All Landfill, Land Application Sites and Open
Dumps, except Municipal Solid Waste Landfill (MSWLF) Areas
Closed in Accordance with 40 CFR 258.60 (Industrial Activity
Code “LF”)
Parameter
Total
Suspended
Solids (TSS)
Total Iron
Benchmark
Monitoring
Concentration1
100 mg/L
1.0 mg/L
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d 1 (See also Part 6.2.2.1)
8.L.10. Effluent Limitations Based on Effluent Limitations Guidelines.
we
eapply to the industrial activities described
i
Table 8.L-2 identifies effluent limitations v
, thatis to be determined based on discharges from
below. Compliance with these effluent24
limitations
these industrial activities independent of commingling with any other waste streams that may be
10
covered under this permit. 16
o.
N
Table 8.L-2
1Benchmark
monitoring required only for discharges not subject to effluent limitations in 40 CFR Part 445 Subpart B (see
Table L-2 below).
1
Industrial Activity
Discharges from nonhazardous waste landfills
subject to effluent
limitations in 40 CFR Part
445 Subpart B.
Parameter
Effluent Limitation
Biochemical Oxygen Demand
(BOD5)
Total Suspended Solids (TSS)
140 mg/L, daily maximum
37 mg/L, monthly avg. maximum
88 mg/L, daily maximum
27 mg/L, monthly avg. maximum
10 mg/L, daily maximum
4.9 mg/L, monthly avg. maximum
0.033 mg/L, daily maximum
0.016 mg/L monthly avg. maximum
0.12 mg/L, daily maximum
0.071 mg/L, monthly avg.
maximum
0.025 mg/L, daily maximum
0.014 mg/L, monthly avg.
maximum
Ammonia
Alpha Terpineol
Benzoic Acid
p-Cresol
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Multi-Sector General Permit (MSGP)
Table 8.L-21
Industrial Activity
Parameter
Effluent Limitation
Phenol
0.026 mg/L, daily maximum
0.015 mg/L, monthly avg.
maximum
0.20 mg/L, daily maximum
0.11 mg/L, monthly avg. maximum
Within the range of 6-9 standard
pH units (s.u.)
Total Zinc
pH
Monitor annually. As set forth at 40 CFR Part 445 Subpart B, these numeric limitations apply to contaminated stormwater
discharges from MSWLFs that have not been closed in accordance with 40 CFR 258.60, and to contaminated stormwater
discharges from those landfills that are subject to the provisions of 40 CFR Part 257 except for discharges from any of the
following facilities:
(a) landfills operated in conjunction with other industrial or commercial operations, when the landfill receives only
wastes generated by the industrial or commercial operation directly associated with the landfill;
(b) landfills operated in conjunction with other industrial or commercial operations, when the landfill receives wastes
generated by the industrial or commercial operation directly associated with the landfill and also receives other
wastes, provided that the other wastes received for disposal are generated by a facility that is subject to the
same provisions in 40 CFR Subchapter N as the industrial or commercial operation, or that the other wastes
received are of similar nature to the wastes generated by the industrial or commercial operation;
(c) landfills operated in conjunction with CWT facilities subject to 40 CFR Part 437, so long as the CWT facility
commingles the landfill wastewater with other non-landfill wastewater for discharge. A landfill directly associated
with a CWT facility is subject to this part if the CWT facility discharges landfill wastewater separately from other
CWT wastewater or commingles the wastewater from its landfill only with wastewater from other landfills; or
(d) landfills operated in conjunction with other industrial or commercial operations when the landfill receives wastes
from public service activities, so long as the company owning the landfill does not receive a fee or other
remuneration for the disposal service.
1
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Multi-Sector General Permit (MSGP)
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart M – Sector M – Automobile Salvage Yards.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.M.1
Covered Stormwater Discharges.
The requirements in Subpart M apply to stormwater discharges associated with industrial
activity from Automobile Salvage Yards as identified by the SIC Code specified under Sector M
in Table D-1 of Appendix D of this permit.
8.M.2
Additional Technology-Based Effluent Limits.
8.M.2.1 Spill and Leak Prevention Procedures. (See also Part 2.1.2.4) Drain vehicles intended to
be dismantled of all fluids upon arrival at the site (or as soon thereafter as practicable),
or employ some other equivalent means to prevent spills and leaks.
8.M.2.2 Employee Training. (See also Part 2.1.2.8) If applicable to your facility, address the
following areas (at a minimum) in your employee training program: proper handling
(collection, storage, and disposal) of oil, used mineral spirits, anti-freeze, mercury
switches, and solvents.
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8.M.2.3 Management of Runoff. (See also Part 2.1.2.6) Implement control measures to minimize
discharges of pollutants in runoff such as the following, where determined to be
feasible (list not exclusive): berms or drainage ditches on the property line (to help
prevent run-on from neighboring properties); berms for uncovered outdoor storage of
oily parts, engine blocks, and above-ground liquid storage; installation of detention
ponds; and installation of filtering devices and oil and water separators.
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8.M.3 Additional SWPPP Requirements.
16o.
8.M.3.1 Drainage Area Site Map. (See also Part 5.2.2) Identify locations used for dismantling,
N
storing, and maintaining used motor vehicle parts. Also identify where any of the
following may be exposed to precipitation or surface runoff: dismantling areas, parts
(e.g., engine blocks, tires, hub caps, batteries, hoods, mufflers) storage areas, and liquid
storage tanks and drums for fuel and other fluids.
8.M.3.2 Potential Pollutant Sources. (See also Part 5.2.3) Assess the potential for the following to
contribute pollutants to stormwater discharges: vehicle storage areas, dismantling
areas, parts storage areas (e.g., engine blocks, tires, hub caps, batteries, hoods,
mufflers), and fueling stations.
8.M.4
Additional Inspection Requirements. (See also Part 3.1)
Immediately (or as soon thereafter as practicable) inspect vehicles arriving at the site for
leaks. Inspect quarterly for signs of leakage all equipment containing oily parts, hydraulic fluids,
any other types of fluids, or mercury switches. Also, inspect quarterly for signs of leakage all
vessels and areas where hazardous materials and general automotive fluids are stored,
including, but not limited to, mercury switches, brake fluid, transmission fluid, radiator water, and
antifreeze.
8.M.5
Sector-Specific Benchmarks. (See also Part 6)
Table 8.M-1 identifies benchmarks that apply to Sector M. These benchmarks apply to
both your primary industrial activity and any co-located industrial activities.
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Multi-Sector General Permit (MSGP)
Table 8.M-1.
Subsector
(You may be subject to requirements
for more than one sector/subsector)
Benchmark
Monitoring
Concentration
Total Suspended Solids (TSS)
100 mg/L
Total Aluminum
0.75 mg/L
Total Iron
Subsector M1. Automobile Salvage
Yards (SIC 5015)
Parameter
1.0 mg/L
(freshwater)2
Total Lead
Total Lead (saltwater)1
Hardness Dependent
0.21 mg/L
1Saltwater
benchmark values apply to stormwater discharges into saline waters where indicated.
The freshwater benchmark values of some metals are dependent on water hardness. For these parameters, permittees
must determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving Waters for
Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable ‘hardness
range’ for determining their benchmark value applicable to their facility. Hardness Dependent Benchmarks follow in the
table below:
2
Freshwater Hardness Range
Lead
(mg/L)
0-24.99 mg/L
0.014
25-49.99 mg/L
0.023
50-74.99 mg/L
0.045
75-99.99 mg/L
0.069
100-124.99 mg/L
0.095
125-149.99 mg/L
0.122
150-174.99 mg/L
0.151
102
6-
175-199.99 mg/L
200-224.99 mg/L
225-249.99 mg/L
250+ mg/L
0.182
o. 1
N
0.213
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0.246
0.262
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Multi-Sector General Permit (MSGP)
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart N – Sector N – Scrap Recycling and Waste Recycling Facilities.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.N.1
Covered Stormwater Discharges.
The requirements in Subpart N apply to stormwater discharges associated with industrial
activity from Scrap Recycling and Waste Recycling facilities as identified by the SIC Code
specified under Sector N in Table D-1 of Appendix D of the permit.
8.N.2
Limitation on Coverage.
Separate permit requirements have been established for recycling facilities that receive,
process, and do wholesale distribution of only source-separated recyclable materials primarily
from non-industrial and residential sources (i.e., common consumer products including paper,
newspaper, glass, cardboard, plastic containers, and aluminum and tin cans). This includes
recycling facilities commonly referred to as material recovery facilities (MRF). See Part 8.N.3.3.
8.N.2.1
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Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) Non-stormwater
discharges from turnings containment areas are not covered by this permit (see also
Part 8.N.3.1.3). Discharges from containment areas in the absence of a storm event are
prohibited unless covered by a separate NPDES permit. (EPA includes these prohibited
non-stormwater discharges here solely as a helpful reminder to the operator that the
only non-stormwater discharges authorized by this permit are at Part 1.1.3.)
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8.N.3 Additional Technology-Based Effluent Limits.
24, (Non-Source Separated, Nonliquid Recyclable
8.N.3.1 Scrap and Waste Recycling0
6-1 Facilities
Materials). The following requirements are for facilities that receive, process, and do
wholesale distribution of non-source separated, nonliquid recyclable wastes (e.g.,
o. 1 metals, plastics, glass, cardboard, and paper). These facilities
N
ferrous and nonferrous
may receive both nonrecyclable and recyclable materials. This section is not intended
for those facilities that accept recyclables only from primarily non-industrial and
residential sources.
8.N.3.1.1 Inbound Recyclable and Waste Material Control Program. Minimize the
chance of accepting materials that could be significant sources of pollutants
by conducting inspections of inbound recyclables and waste materials and
through implementation of control measures such as the following, where
determined to be feasible (list not exclusive): providing information and
education to suppliers of scrap and recyclable waste materials on draining
and properly disposing of residual fluids (e.g., from vehicles and equipment
engines, radiators and transmissions, oil filled transformers, and individual
containers or drums) and removal of mercury switches from vehicles before
delivery to your facility; establishing procedures to minimize the potential of
any residual fluids from coming into contact with precipitation or runoff;
establishing procedures for accepting scrap lead-acid batteries (additional
requirements for the handling, storage, and disposal or recycling of batteries
are contained in the scrap lead-acid battery program provisions in Part
8.N.3.1.6); providing training targeted for those personnel engaged in the
inspection and acceptance of inbound recyclable materials; and
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Multi-Sector General Permit (MSGP)
establishing procedures to ensure that liquid wastes, including used oil, are
stored in materially compatible and non-leaking containers and are disposed
of or recycled in accordance with the Resource Conservation and Recovery
Act (RCRA).
8.N.3.1.2 Scrap and Waste Material Stockpiles and Storage (Outdoor). Minimize contact
of stormwater runoff with stockpiled materials, processed materials, and
nonrecyclable wastes through implementation of control measures such as
the following, where determined to be feasible (list not exclusive): permanent
or semi-permanent covers; sediment traps, vegetated swales and strips,
catch basin filters, and sand filters to facilitate settling or filtering of pollutants;
dikes, berms, containment trenches, culverts, and surface grading to divert
runoff from storage areas; silt fencing; and oil and water separators, sumps,
and dry absorbents for areas where potential sources of residual fluids are
stockpiled (e.g., automobile engine storage areas).
8.N.3.1.3 Stockpiling of Turnings Exposed to Cutting Fluids (Outdoor Storage). Minimize
contact of surface runoff with residual cutting fluids by storing all turnings
exposed to cutting fluids under some form of permanent or semi-permanent
cover, or establishing dedicated containment areas for all turnings that have
been exposed to cutting fluids. Any containment areas must be constructed
of concrete, asphalt, or other equivalent types of impermeable material and
include a barrier (e.g., berms, curbing, elevated pads) to prevent contact
with stormwater run-on. Stormwater runoff from these areas can be
discharged, provided that any runoff is first collected and treated by an oil
and water separator or its equivalent. You must regularly maintain the oil and
water separator (or its equivalent) and properly dispose of or recycle
collected residual fluids.
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vie and Storage (Covered or Indoor
Scrap and Waste Material Stockpiles
24, of residual liquids and particulate matter from
Storage). Minimize contact
0
materials stored indoors or under cover with surface runoff through
6-1 control measures such as the following, where determined
implementation of
o. 1 (list not exclusive): good housekeeping measures, including the
to be feasible
N
use of dry absorbents or wet vacuuming to contain, dispose of, or recycle
residual liquids originating from recyclable containers, and mercury spill kits for
spills from storage of mercury switches; not allowing wash water from tipping
floors or other processing areas to discharge to the storm sewer system; and
disconnecting or sealing off all floor drains connected to the storm sewer
system.
8.N.3.1.5 Scrap and Recyclable Waste Processing Areas. Minimize surface runoff from
coming in contact with scrap processing equipment. Pay attention to
operations that generate visible amounts of particulate residue (e.g.,
shredding) to minimize the contact of accumulated particulate matter and
residual fluids with runoff (i.e., through good housekeeping, preventive
maintenance). To minimize discharges of pollutants in stormwater from scrap
and recyclable waste processing areas, implement control measures such as
the following, where determined to be feasible (list not exclusive): at least
once per month inspecting equipment for spills or leaks and malfunctioning,
worn, or corroded parts or equipment; establishing a preventive maintenance
program for processing equipment; using dry-absorbents or other cleanup
practices to collect and dispose of or recycle spilled or leaking fluids or use
mercury spill kits for spills from storage of mercury switches; on unattended
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Multi-Sector General Permit (MSGP)
hydraulic reservoirs over 150 gallons in capacity, installing protection devices
such as low-level alarms or equivalent devices, or secondary containment
that can hold the entire volume of the reservoir; implementing containment
or diversion structures such as dikes, berms, culverts, trenches, elevated
concrete pads, and grading to minimize contact of stormwater runoff with
outdoor processing equipment or stored materials; using oil and water
separators or sumps; installing permanent or semi-permanent covers in
processing areas where there are residual fluids and grease; and using
retention or detention ponds or basins, sediment traps, vegetated swales or
strips, and/or catch basin filters or sand filters for pollutant settling and
filtration.
8.N.3.1.6 Scrap Lead-Acid Battery Program. To minimize the discharge of pollutants in
stormwater from lead-acid batteries, properly handle, store, and dispose of
scrap lead-acid batteries, and implement control measures such as the
following, where determined to be feasible (list not exclusive): segregating
scrap lead-acid batteries from other scrap materials; properly handling,
storing, and disposing of cracked or broken batteries; collecting and
disposing of leaking lead-acid battery fluid; minimizing or eliminating (if
possible) exposure of scrap lead-acid batteries to precipitation or runoff; and
providing employee training for the management of scrap batteries.
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8.N.3.1.7 Spill Prevention and Response Procedures. (See also Part 2.1.2.4) Install alarms
and/or pump shutoff systems on outdoor equipment with hydraulic reservoirs
exceeding 150 gallons in the event of a line break. Alternatively, a secondary
containment system capable of holding the entire contents of the reservoir
plus room for precipitation can be used. Use a mercury spill kit for any release
of mercury from switches, anti-lock brake systems, and switch storage areas.
2
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ew
viAs appropriate, notify major suppliers which
8.N.3.1.8 Supplier Notification Program.
24,accepted at the facility or will be accepted only
scrap materials will not be
10
under certain6 conditions.
Waste Recycling Facilities (Liquid Recyclable Materials).
o. 1
N
8.N.3.2.1 Waste Material Storage (Indoor). Minimize or eliminate contact between
residual liquids from waste materials stored indoors and from surface runoff.
The plan may refer to applicable portions of other existing plans, such as Spill
Prevention, Control, and Countermeasure (SPCC) plans required under 40
CFR Part 112. To minimize discharges of pollutants in stormwater from indoor
waste material storage areas, implement control measures such as the
following, where determined to be feasible (list not exclusive): implementing
procedures for material handling (including labeling and marking); cleaning
up spills and leaks with dry absorbent materials and/or a wet vacuum system;
installing appropriate containment structures (e.g., trenching, curbing, gutters,
etc.); and installing a drainage system, including appurtenances (e.g., pumps
or ejectors, manually operated valves), to handle discharges from diked or
bermed areas. Drainage should be discharged to an appropriate treatment
facility or sanitary sewer system, or otherwise disposed of properly. These
discharges may require coverage under a separate NPDES wastewater
permit or industrial user permit under the pretreatment program.
8.N.3.2.2 Waste Material Storage (Outdoor). Minimize contact between stored residual
liquids and precipitation or runoff. The plan may refer to applicable portions
of other existing plans, such as SPCC plans required under 40 CFR Part 112.
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Discharges of stormwater from containment areas containing used oil must
also be in accordance with applicable sections of 40 CFR Part 112. To
minimize discharges of pollutants in stormwater from outdoor waste material
storage areas, implement control measures such as the following, where
determined to be feasible (list not exclusive): appropriate containment
structures (e.g., dikes, berms, curbing, pits) to store the volume of the largest
tank, with sufficient extra capacity for precipitation; drainage control and
other diversionary structures; corrosion protection and/or leak detection
systems for storage tanks; and dry-absorbent materials or a wet vacuum
system to collect spills.
8.N.3.2.3 Trucks and Rail Car Waste Transfer Areas. Minimize pollutants in stormwater
discharges from truck and rail car loading and unloading areas. Include
measures to clean up minor spills and leaks resulting from the transfer of liquid
wastes. To minimize discharges of pollutants in stormwater from truck and rail
car waste transfer areas, implement control measures such as the following,
where determined to be feasible (list not exclusive): containment and
diversionary structures to minimize contact with precipitation or runoff; and
dry clean-up methods, wet vacuuming, roof coverings, and/or runoff controls.
8.N.3.3
Recycling Facilities (Source-Separated Materials). The following requirements are for
facilities that receive only source-separated recyclables, primarily from non-industrial
and residential sources.
8.N.3.3.1
6
9/1 of accepting
Inbound Recyclable Material Control. Minimize the chance
1
nonrecyclables (e.g., hazardous materials) that could be a significant source
12/ materials and through the
of pollutants by conducting inspectionsd inbound
e of
implementation of control measures such as the following, where determined
w
to be feasible (list not exclusive): providing information and education
vie
measures to inform suppliers of recyclables about acceptable and non24, drivers responsible for pickup of recycled
acceptable materials; training
0
material; clearly marking public drop-off containers regarding which materials
6-1 rejecting nonrecyclable wastes or household hazardous
1
can be accepted;
o. at the source; and establishing procedures for handling and disposal
wastes
N
of nonrecyclable material.
8.N.3.3.2 Outdoor Storage. Minimize exposure of recyclables to precipitation and runoff
by using good housekeeping measures to prevent accumulation of
particulate matter and fluids, particularly in high traffic areas and through
implementation of control measure such as the following, where determined
to be feasible (list not exclusive): providing totally enclosed drop-off
containers for the public; installing a sump and pump with each container pit
and treat or discharge collected fluids to a sanitary sewer system; providing
dikes and curbs for secondary containment (e.g., around bales of recyclable
waste paper); diverting surface water runoff away from outside material
storage areas; providing covers over containment bins, dumpsters, and roll-off
boxes; and storing the equivalent of one day’s volume of recyclable material
indoors.
8.N.3.3.3 Indoor Storage and Material Processing. Minimize the release of pollutants
from indoor storage and processing areas through implementation of control
measures such as the following, where determined to be feasible (list not
exclusive): scheduling routine good housekeeping measures for all storage
and processing areas; prohibiting tipping floor wash water from draining to
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the storm sewer system; and providing employee training on pollution
prevention practices.
8.N.3.3.4 Vehicle and Equipment Maintenance. Minimize the discharge of pollutants in
stormwater from areas where vehicle and equipment maintenance occur
outdoors through implementation of control measures such as the following,
where determined to be feasible (list not exclusive): minimizing or eliminating
outdoor maintenance areas; establishing spill prevention and clean-up
procedures in fueling areas; avoiding topping off fuel tanks; diverting runoff
from fueling areas; storing lubricants and hydraulic fluids indoors; and
providing employee training on proper handling and storage of hydraulic
fluids and lubricants.
8.N.4
Additional SWPPP Requirements.
8.N.4.1
Drainage Area Site Map. (See also Part 5.2.2) Document in your SWPPP the locations of
any of the following activities or sources that may be exposed to precipitation or
surface runoff: scrap and waste material storage; outdoor scrap and waste processing
equipment; and containment areas for turnings exposed to cutting fluids.
8.N.4.2
Maintenance Schedules/Procedures for Collection, Handling, and Disposal or
Recycling of Residual Fluids at Scrap and Waste Recycling Facilities. If you are subject
to Part 8.N.3.1.3, your SWPPP must identify any applicable maintenance schedule and
the procedures to collect, handle, and dispose of or recycle residual fluids.
8.N.5
8.N.5.1
Additional Inspection Requirements.
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Inspections for Waste Recycling Facilities. The inspections must be performed quarterly,
per Part 3.1, and include, at a minimum, all areas where waste is generated, received,
stored, treated, or disposed of and that are exposed to either precipitation or
stormwater runoff.
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102 to Sector N. These benchmarks apply to both your
Table 8.N-1 identifies benchmarks that apply
16-and any co-located industrial activities.
primary industrial activity
o.
N
8.N.6
Sector-Specific Benchmarks. (See also Part 6)
Table 8.N-1.
Subsector
(You may be subject to requirements for more
than one sector/subsector)
Subsector N1. Scrap Recycling and Waste
Recycling Facilities except those only
receiving source-separate recyclable
materials primarily from non-industrial and
residential sources (SIC 5093)
Parameter
Chemical Oxygen Demand
(COD)
Total Suspended Solids (TSS)
Aluminum Total Recoverable
Total Copper (freshwater)2
Total Copper (saltwater)1
Total Recoverable Iron
Total Lead (freshwater)2
Total Lead (saltwater)1
Total Zinc (freshwater)2
Total Zinc (saltwater)1
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Benchmark
Monitoring
Concentration
120 mg/L
100 mg/L
0.75 mg/L
Hardness
Dependent
0.0048 mg/L
1.0 mg/L
Hardness
Dependent
0.21 mg/L
Hardness
Dependent
0.09 mg/L
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1Saltwater
benchmark values apply to stormwater discharges into saline waters where indicated.
The freshwater benchmark values of some metals are dependent on water hardness. For these parameters, permittees
must determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving Waters for
Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable ‘hardness
range’ for determining their benchmark value applicable to their facility. Hardness Dependent Benchmarks follow in the
table below:
2
Freshwater Hardness Range
Copper
(mg/L)
Lead
(mg/L)
Zinc
(mg/L)
0-24.99 mg/L
0.0038
0.014
0.04
25-49.99 mg/L
0.0056
0.023
0.05
50-74.99 mg/L
0.0090
0.045
0.08
75-99.99 mg/L
0.0123
0.069
0.11
100-124.99 mg/L
0.0156
0.095
0.13
125-149.99 mg/L
0.0189
0.122
0.16
150-174.99 mg/L
0.0221
0.151
0.18
175-199.99 mg/L
0.0253
0.182
0.20
200-224.99 mg/L
0.0285
0.213
0.23
225-249.99 mg/L
0.0316
0.246
0.25
250+ mg/L
0.0332
0.262
0.26
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Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart O – Sector O – Steam Electric Generating Facilities.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.O.1
Covered Stormwater Discharges.
The requirements in Subpart O apply to stormwater discharges associated with industrial
activity from Steam Electric Power Generating Facilities as identified by the Activity Code
specified under Sector O in Table D-1 of Appendix D.
8.O.2
Industrial Activities Covered by Sector O.
This permit authorizes stormwater discharges from the following industrial activities at
Sector O facilities:
8.O.2.1
Steam electric power generation using coal, natural gas, oil, nuclear energy, etc., to
produce a steam source, including coal handling areas (does not include geothermal
power);
8.O.2.2
Coal pile runoff, including effluent limitations established by 40 CFR Part 423;
8.O.2.3
Dual fuel facilities that could employ a steam boiler.
8.O.3
Limitations on Coverage.
8.O.3.1
Prohibition of Non-Stormwater Discharges. Non-stormwater discharges subject to
effluent limitations guidelines are not covered by this permit. (EPA includes these
prohibited non-stormwater discharges here solely as a helpful reminder to the operator
that the only non-stormwater discharges authorized by this permit are at Part 1.1.3.)
8.O.3.2
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Prohibition of Stormwater Discharges. Stormwater discharges from the following are not
covered by this permit:
8.O.3.2.1 Ancillary facilities (e.g., fleet centers and substations) that are not contiguous
to a steam electric power generating facility;
8.O.3.2.2 Gas turbine facilities (provided the facility is not a dual-fuel facility that
includes a steam boiler), and combined-cycle facilities where no
supplemental fuel oil is burned (and the facility is not a dual-fuel facility that
includes a steam boiler);
8.O.3.2.3 Cogeneration (combined heat and power) facilities utilizing a gas turbine.
8.O.4
8.O.4.1
Additional Technology-Based Effluent Limits. The following good housekeeping measures
are required in addition to Part 2.1.2.2:
Fugitive Dust Emissions. Minimize fugitive dust emissions from coal handling areas to
minimize the tracking of coal dust offsite that could be discharged in stormwater
through implementation of control measures such as the following, where determined
to be feasible, (list not exclusive): installing specially designed tires; and washing
vehicles in a designated area before they leave the site and controlling the wash
water.
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8.O.4.2
Delivery Vehicles. Minimize contamination of stormwater runoff from delivery vehicles
arriving at the plant site. Implement procedures to inspect delivery vehicles arriving at
the plant site as necessary to minimize discharges of pollutants in stormwater. Ensure
the overall integrity of the body or container of the delivery vehicle and implement
procedures to deal with leakage or spillage from delivery vehicles.
8.O.4.3
Fuel Oil Unloading Areas. Minimize contamination of precipitation or surface runoff from
fuel oil unloading areas. Use containment curbs in unloading areas where feasible. In
addition, ensure personnel familiar with spill prevention and response procedures are
available to respond expeditiously in the event of a leak or spill during deliveries. Ensure
that any leaks or spills are immediately contained and cleaned up, and use spill and
overflow protection devices (e.g., drip pans, drip diapers, or other containment devices
placed beneath fuel oil connectors to contain potential spillage during deliveries or
from leaks at the connectors).
8.O.4.4
Chemical Loading and Unloading. Minimize contamination of precipitation or surface
runoff from chemical loading and unloading areas. Use containment curbs at
chemical loading and unloading areas to contain spills, where practicable. In addition,
ensure personnel familiar with spill prevention and response procedures are available
to respond expeditiously in the event of a leak or spill during deliveries. Ensure leaks and
spills are immediately contained and cleaned up and, where practicable, load and
unload in covered areas and store chemicals indoors.
8.O.4.5
Miscellaneous Loading and Unloading Areas. Minimize contamination of precipitation
or surface runoff from loading and unloading areas through implementation of control
measures such as the following, where determined to be feasible (list not exclusive):
covering the loading area; grading, curbing, or berming around the loading area to
divert run-on; locating the loading and unloading equipment and vehicles so that leaks
are contained in existing containment and flow diversion systems; or equivalent
procedures.
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8.O.4.6
Liquid Storage Tanks. Minimize contamination of surface runoff from above-ground
liquid storage tanks through implementation of control measures such as the following,
where determined to be feasible, the following (list not exclusive): using protective
guards around tanks; using containment curbs; installing spill and overflow protection;
using dry cleanup methods; or equivalent measures.
8.O.4.7
Large Bulk Fuel Storage Tanks. Minimize contamination of surface runoff from large bulk
fuel storage tanks. Use containment berms (or their equivalent). You must also comply
with applicable state and federal laws, including Spill Prevention, Control and
Countermeasure (SPCC) Plan requirements.
8.O.4.8
Spill Reduction Measures. Minimize the potential for an oil or chemical spill, or reference
the appropriate part of your SPCC plan. Visually inspect as part of your routine facility
inspection the structural integrity of all above-ground tanks, pipelines, pumps, and
related equipment that may be exposed to stormwater, and make any necessary
repairs immediately.
8.O.4.9
Oil-Bearing Equipment in Switchyards. Minimize contamination of surface runoff from oilbearing equipment in switchyard areas. Use level grades and gravel surfaces to retard
flows and limit the spread of spills, or collect runoff in perimeter ditches.
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8.O.4.10 Residue-Hauling Vehicles. Inspect all residue-hauling vehicles for proper covering over
the load, adequate gate sealing, and overall integrity of the container body. Repair
vehicles without load covering or adequate gate sealing, or with leaking containers or
beds.
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8.O.4.11 Ash Loading Areas. Reduce or control the tracking of ash and residue from ash loading
areas. Clear the ash building floor and immediately adjacent roadways of spillage,
debris, and excess water as necessary to minimize discharges of pollutants in
stormwater.
8.O.4.12 Areas Adjacent to Disposal Ponds or Landfills. Minimize contamination of surface runoff
from areas adjacent to disposal ponds or landfills. Reduce ash residue that may be
tracked on to access roads traveled by residue handling vehicles, and reduce ash
residue on exit roads leading into and out of residue handling areas.
8.O.4.13 Landfills, Scrap Yards, Surface Impoundments, Open Dumps, General Refuse Sites.
Minimize the potential for contamination of runoff from these areas.
8.O.5
Additional SWPPP Requirements.
8.O.5.1
Drainage Area Site Map. (See also Part 5.2.2) Document in your SWPPP the locations of
any of the following activities or sources that may be exposed to precipitation or
surface runoff: storage tanks, scrap yards, and general refuse areas; short- and longterm storage of general materials (including but not limited to supplies, construction
materials, paint equipment, oils, fuels, used and unused solvents, cleaning materials,
paint, water treatment chemicals, fertilizer, and pesticides); landfills and construction
sites; and stock pile areas (e.g., coal or limestone piles).
8.O.5.2
Documentation of Good Housekeeping Measures. You must document in your SWPPP
the good housekeeping measures implemented to meet the effluent limits in Part 8.O.4.
8.O.6
Additional Inspection Requirements.
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As part of your inspection, inspect the following areas monthly: coal handling areas,
loading or unloading areas, switchyards, fueling areas, bulk storage areas, ash handling areas,
areas adjacent to disposal ponds and landfills, maintenance areas, liquid storage tanks, and
long term and short term material storage areas.
8.O.7
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Sector-Specific Benchmarks. (See also Part 6)
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Table 8.O-1 identifies benchmarks that apply to Sector O. These benchmarks apply to
both your primary industrial activity and any co-located industrial activities.
Table 8.O-1.
Subsector
(You may be subject to requirements for more than one
sector/subsector)
Subsector O1. Steam Electric Generating Facilities
(Industrial Activity Code “SE”)
8.O.8
Parameter
Benchmark
Monitoring
Concentration
Total Iron
1.0 mg/L
Effluent Limitations Based on Effluent Limitations Guidelines. (See also Part 6.2.2.1)
Table 8.O-2 identifies effluent limits that apply to the industrial activities described below.
Compliance with these effluent limits is to be determined based on discharges from these
industrial activities independent of commingling with any other waste streams that may be
covered under this permit.
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Table 8.O-21
Industrial Activity
Parameter
TSS
50 mg/l2
pH
Discharges from coal storage piles at Steam
Electric Generating Facilities
Effluent Limitation
6.0 min - 9.0 max
1 Monitor
annually.
If your facility is designed, constructed, and operated to treat the volume of coal pile runoff that is associated with a
10-year, 24-hour rainfall event, any untreated overflow of coal pile runoff from the treatment unit is not subject to the 50
mg/L limitation for total suspended solids.
2
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Multi-Sector General Permit (MSGP)
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart P – Sector P – Land Transportation and Warehousing.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.P.1
Covered Stormwater Discharges.
The requirements in Subpart P apply to stormwater discharges associated with industrial
activity from Land Transportation and Warehousing facilities as identified by the SIC Codes
specified under Sector P in Table D-1 of Appendix D of the permit.
8.P.2
8.P.2.1
8.P.3
8.P.3.1
Limitation on Coverage.
Prohibited Discharges (see also Parts 1.1.4 and 8.P.3.1.4) This permit does not authorize
the discharge of vehicle/equipment/surface wash water, including tank cleaning
operations. Such discharges must be authorized under a separate NPDES permit,
discharged to a sanitary sewer in accordance with applicable industrial pretreatment
requirements, or recycled on-site.
Additional Technology-Based Effluent Limits.
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Good Housekeeping Measures. (See also Part 2.1.2.2) In addition to the Good
Housekeeping requirements in Part 2.1.2.2, you must do the following.
8.P.3.1.1
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Vehicle and Equipment Storage Areas. Minimize the potential for stormwater
exposure to leaky or leak-prone vehicles/equipment awaiting maintenance
through implementation of control measures such as the following, where
determined to be feasible (list not exclusive): using of drip pans under
vehicles/equipment; storing vehicles and equipment indoors; installing berms
or dikes; using of absorbents; roofing or covering storage areas; and cleaning
pavement surfaces to remove oil and grease.
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o. Areas. Minimize contamination of stormwater runoff from fueling areas
N
Fueling
through implementation of control measures such as the following, where
determined to be feasible: covering the fueling area; using spill/overflow
protection and cleanup equipment; minimizing stormwater run-on/runoff to
the fueling area; using dry cleanup methods; and treating and/or recycling
collected stormwater runoff.
8.P.3.1.3
Material Storage Areas. Maintain all material storage vessels (e.g., for used
oil/oil filters, spent solvents, paint wastes, hydraulic fluids) to prevent
contamination of stormwater and plainly label them (e.g., “Used Oil,” “Spent
Solvents”). To minimize discharges of pollutants in stormwater from material
storage areas, implement control measures such as the following, where
determined to be feasible (list not exclusive): storing the materials indoors;
installing berms/dikes around the areas; minimizing runoff of stormwater to the
areas; using dry cleanup methods; and treating and/or recycling collected
stormwater runoff.
8.P.3.1.4
Vehicle and Equipment Cleaning Areas. Minimize contamination of
stormwater runoff from all areas used for vehicle/equipment cleaning through
implementation of control measures such as the following, where determined
to be feasible (list not exclusive): performing all cleaning operations indoors;
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covering the cleaning operation, ensuring that all wash water drains to a
proper collection system (i.e., not the stormwater drainage system); treating
and/or recycling collected wash water; or other equivalent measures.
Discharges of vehicle and equipment wash water, including tank cleaning
operations, are not authorized by this permit for this sector.
8.P.3.1.5
Vehicle and Equipment Maintenance Areas. Minimize contamination of
stormwater runoff from all areas used for vehicle/equipment maintenance
through implementation of control measures such as the following, where
determined to be feasible (list not exclusive): performing maintenance
activities indoors; using drip pans; keeping an organized inventory of materials
used in the shop; draining all parts of fluid prior to disposal; prohibiting wet
clean up practices if these practices would result in the discharge of
pollutants to stormwater drainage systems; using dry cleanup methods;
treating and/or recycling collected stormwater runoff; and minimizing run
on/runoff of stormwater to maintenance areas.
8.P.3.1.6
Locomotive Sanding (Loading Sand for Traction) Areas. Minimize discharges of
pollutants in stormwater from locomotive sanding areas through
implementation of control measures such as the following, where determined
to be feasible (list not exclusive): covering sanding areas; minimizing
stormwater run on/runoff; or appropriate sediment removal practices to
minimize the offsite transport of sanding material by stormwater.
16
9/once a year and
8.P.3.2 Employee Training. (See also Part 2.1.2.8) Train personnel at 1
2/ least
address the following activities, as applicable: used oil and spent solvent management;
1
fueling procedures; general good housekeeping d
practices; proper painting
e
procedures; and used battery management.
ew
8.P.4
Additional SWPPP Requirements.
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8.P.4.1 Drainage Area Site Map. (See2 Part 5.2.2) Identify in the SWPPP the following areas
0 also activities occurring there may be exposed to
of the facility and indicate whether
6-1 fueling stations; vehicle/equipment maintenance or
precipitation/surface runoff:
o. 1
cleaning areas; storage areas for vehicle/equipment with actual or potential fluid
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leaks; loading/unloading areas; areas where treatment, storage or disposal of wastes
occur; liquid storage tanks; processing areas; and storage areas.
8.P.4.2
Potential Pollutant Sources. (See also Part 5.2.3) Assess the potential for the following
activities and facility areas to contribute pollutants to stormwater discharges: onsite
waste storage or disposal; dirt/gravel parking areas for vehicles awaiting maintenance;
illicit plumbing connections between shop floor drains and the stormwater conveyance
system(s); and fueling areas. Describe these activities in the SWPPP.
8.P.4.3
Description of Good Housekeeping Measures. You must document in your SWPPP the
good housekeeping measures you implement consistent with Part 8.P.3.
8.P.4.4
Vehicle and Equipment Wash Water Requirements. If wash water is handled in a
manner that does not involve separate NPDES permitting (e.g., hauled offsite), describe
the disposal method and include all pertinent information (e.g., frequency, volume,
destination, etc.) in your SWPPP. Discharges of vehicle and equipment wash water,
including tank cleaning operations, are not authorized by this permit for this sector.
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8.P.5
Additional Inspection Requirements. (See also Part 3.1)
Inspect all the following areas/activities: storage areas for vehicles/equipment awaiting
maintenance, fueling areas, indoor and outdoor vehicle/equipment maintenance areas,
material storage areas, vehicle/equipment cleaning areas and loading/unloading areas.
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Multi-Sector General Permit (MSGP)
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart Q – Sector Q – Water Transportation.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.Q.1
Covered Stormwater Discharges.
The requirements in Subpart Q apply to stormwater discharges associated with industrial
activity from Water Transportation facilities as identified by the SIC Codes specified under Sector
Q in Table D-1 of Appendix D of the permit.
8.Q.2
8.Q.2.1
8.Q.3
8.Q.3.1
Limitations on Coverage.
Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) Not covered by this
permit: discharges from vessels including bilge and ballast water, sanitary wastes,
pressure wash water, and cooling water. Any discharge of pollutants from a point
source to a water of the U.S. requires coverage under an NPDES permit. (EPA includes
these prohibited non-stormwater discharges here solely as a helpful reminder to the
operator that the only non-stormwater discharges authorized by this permit are at Part
1.1.3.)
Additional Technology-Based Effluent Limits.
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Good Housekeeping Measures. You must implement the following good housekeeping
measures in addition to the requirements of Part 2.1.2.2:
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8.Q.3.1.1 Pressure Washing Area. If pressure washing is used to remove marine growth
from vessels, the discharge water must be permitted by a separate NPDES
permit. Collect or contain the discharges from the pressure washing area so
that they are not commingled with stormwater discharges authorized by this
permit.
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Blasting and Painting Area. Minimize the potential for spent abrasives, paint
chips, and overspray to be discharged into receiving waters or the storm
sewer system. Contain all blasting and painting activities, or use other
measures, to minimize the discharge of contaminants (e.g., hanging plastic
barriers or tarpaulins during blasting or painting operations to contain debris).
At least once per month, you must clean stormwater conveyances of
deposits of abrasive blasting debris and paint chips.
8.Q.3.1.3 Material Storage Areas. Store and plainly label all containerized materials
(e.g., fuels, paints, solvents, waste oil, antifreeze, batteries) in a protected,
secure location away from drains. Minimize the contamination of
precipitation or surface runoff from the storage areas. Specify which materials
are stored indoors, and contain or enclose or use other measures for those
stored outdoors. If abrasive blasting is performed, discuss the storage and
disposal of spent abrasive materials generated at the facility. Implement an
inventory control plan to limit the presence of potentially hazardous materials
onsite.
8.Q.3.1.4 Engine Maintenance and Repair Areas. Minimize the contamination of
precipitation or surface runoff from all areas used for engine maintenance
and repair through implementation of control measures such as the following,
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where determined to be feasible (list not exclusive): performing all
maintenance activities indoors; maintaining an organized inventory of
materials used in the shop; draining all parts of fluid prior to disposal;
prohibiting the practice of hosing down the shop floor; using dry cleanup
methods; and treating and/or recycling stormwater runoff collected from the
maintenance area.
8.Q.3.1.5 Material Handling Area. Minimize the contamination of precipitation or
surface runoff from material handling operations and areas (e.g., fueling,
paint and solvent mixing, disposal of process wastewater streams from vessels)
through implementation of control measures such as the following, where
determined to be feasible (list not exclusive): covering fueling areas; using spill
and overflow protection; mixing paints and solvents in a designated area
(preferably indoors or under a shed); and minimizing runoff of stormwater to
material handling areas.
8.Q.3.1.6 Drydock Activities. Routinely maintain and clean the drydock to minimize
dischrges of pollutants in stormwater. Address the cleaning of accessible
areas of the drydock prior to flooding, and final cleanup following removal of
the vessel and raising the dock. Include procedures for cleaning up oil,
grease, and fuel spills occurring on the drydock. To minimize discharges of
pollutants in stormwater from drydock activities, implement control measures
such as the following, where determined to be feasible (list not exclusive):
sweeping rather than hosing off debris and spent blasting material from
accessible areas of the drydock prior to flooding; and making absorbent
materials and oil containment booms readily available to clean up or contain
any spills.
8.Q.3.2
8.Q.3.3
8.Q.4
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Employee Training. (See also Part 2.1.2.8) As part of your employee training program,
address, at a minimum, the following activities (as applicable): used oil management;
spent solvent management; disposal of spent abrasives; disposal of vessel wastewaters;
spill prevention and control; fueling procedures; general good housekeeping practices;
painting and blasting procedures; and used battery management.
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o. 1 (See also Part 2.1.2.3) As part of your preventive maintenance
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Preventive Maintenance.
program, perform timely inspection and maintenance of stormwater management
devices (e.g., cleaning oil and water separators and sediment traps to ensure that
spent abrasives, paint chips, and solids will be intercepted and retained prior to
entering the storm drainage system), as well as inspecting and testing facility
equipment and systems to uncover conditions that could cause breakdowns or failures
resulting in discharges of pollutants to surface waters.
Additional SWPPP Requirements.
8.Q.4.1
Drainage Area Site Map. (See also Part 5.2.2) Document in your SWPPP where any of
the following may be exposed to precipitation or surface runoff: fueling; engine
maintenance and repair; vessel maintenance and repair; pressure washing; painting;
sanding; blasting; welding; metal fabrication; loading and unloading areas; locations
used for the treatment, storage, or disposal of wastes; liquid storage tanks; liquid
storage areas (e.g., paint, solvents, resins); and material storage areas (e.g., blasting
media, aluminum, steel, scrap iron).
8.Q.4.2
Summary of Potential Pollutant Sources. (See also Part 5.2.3) Document in the SWPPP
the following additional sources and activities that have potential pollutants associated
with them: outdoor manufacturing or processing activities (e.g., welding, metal
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fabricating) and significant dust or particulate generating processes (e.g., abrasive
blasting, sanding, and painting).
8.Q.5
Additional Inspection Requirements. (See also Part 3.1)
Include the following in all quarterly routine facility inspections: pressure washing areas;
blasting, sanding, and painting areas; material storage areas; engine maintenance and repair
areas; material handling areas; drydock area; and general yard area.
8.Q.6
Sector-Specific Benchmarks. (See also Part 6)
Table 8.Q-1 identifies benchmarks that apply to Sector Q. These benchmarks apply to
both your primary industrial activity and any co-located industrial activities.
Table 8.Q-1.
Subsector
(You may be subject to requirements for
more than one sector/subsector)
Subsector Q1. Water Transportation
Facilities
(SIC 4412-4499)
24,
-10
1Saltwater
Benchmark Monitoring
Concentration
Parameter
Total Aluminum
Total Iron
Total Lead
(freshwater)2
Total Lead
(saltwater)1
Total Zinc
(freshwater)2
Total Zinc (saltwater)1
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0.21
/16 mg/L
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0.75 mg/L
1.0 mg/L
Hardness Dependent
Hardness Dependent
0.09 mg/L
benchmark values apply to stormwater discharges into saline waters where indicated.
2 The freshwater benchmark values of some metals are dependent on water hardness. For these parameters, permittees
must determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving Waters for
Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable ‘hardness
range’ for determining their benchmark value applicable to their facility. Hardness Dependent Benchmarks follow in the
table below:
. 16
No
Freshwater Hardness Range
Lead
(mg/L)
Zinc
(mg/L)
0-24.99 mg/L
0.014
0.04
25-49.99 mg/L
0.023
0.05
50-74.99 mg/L
0.045
0.08
75-99.99 mg/L
0.069
0.11
100-124.99 mg/L
0.095
0.13
125-149.99 mg/L
0.122
0.16
150-174.99 mg/L
0.151
0.18
175-199.99 mg/L
0.182
0.20
200-224.99 mg/L
0.213
0.23
225-249.99 mg/L
0.246
0.25
250+ mg/L
0.262
0.26
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Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart R – Sector R – Ship and Boat Building and Repair Yards.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.R.1
Covered Stormwater Discharges.
The requirements in Subpart R apply to stormwater discharges associated with industrial
activity from Ship and Boat Building and Repair Yards as identified by the SIC Codes specified
under Sector R in Table D-1 of Appendix D of the permit.
8.R.2
8.R.2.1
8.R.3
8.R.3.1
Limitations on Coverage.
Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) Not covered by this
permit: discharges from vessels including bilge and ballast water, sanitary wastes,
pressure wash water, and cooling water. (EPA includes these prohibited nonstormwater discharges here solely as a helpful reminder to the operator that the only
non-stormwater discharges authorized by this permit are at Part 1.1.3.)
Additional Technology-Based Effluent Limits.
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Good Housekeeping Measures. (See also Part 2.1.2.2)
8.R.3.1.1
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Pressure Washing Area. If pressure washing is used to remove marine growth
from vessels, the discharged water must be permitted as a process
wastewater by a separate NPDES permit.
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Blasting and Painting Area. Minimize
24, discharged into receiving waters or the storm
chips, and overspray to be
0
sewer system.-1
Contain all blasting and painting activities, or use other
6prevent the discharge of the contaminants (e.g., hanging
measures, to
o. 1
plastic barriers or tarpaulins during blasting or painting operations to contain
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debris). When necessary, regularly clean stormwater conveyances of deposits
of abrasive blasting debris and paint chips.
8.R.3.1.3
Material Storage Areas. Store and plainly label all containerized materials
(e.g., fuels, paints, solvents, waste oil, antifreeze, batteries) in a protected,
secure location away from drains. Minimize the contamination of
precipitation or surface runoff from the storage areas. If abrasive blasting is
performed, discuss the storage and disposal of spent abrasive materials
generated at the facility. Implement an inventory control plan to limit the
presence of potentially hazardous materials onsite.
8.R.3.1.4
Engine Maintenance and Repair Areas. Minimize the contamination of
precipitation or surface runoff from all areas used for engine maintenance
and repair through implementation of control measures such as the following,
where determined to be feasible (list not exclusive): performing all
maintenance activities indoors; maintaining an organized inventory of
materials used in the shop; draining all parts of fluid prior to disposal;
prohibiting the practice of hosing down the shop floor; using dry cleanup
methods; and treating and/or recycling stormwater runoff collected from the
maintenance area.
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8.R.3.1.5
Material Handling Area. Minimize the discharge of pollutants in stormwater
from material handling operations and areas (e.g., fueling, paint and solvent
mixing, disposal of process wastewater streams from vessels) through
implementation of control measures such as the following, where determined
to be feasible (list not exclusive): covering fueling areas, using spill and
overflow protection, mixing paints and solvents in a designated area
(preferably indoors or under a shed), and minimizing stormwater run-on to
material handling areas.
8.R.3.1.6
Drydock Activities. Routinely maintain and clean the drydock to minimize
pollutants in stormwater runoff. Clean accessible areas of the drydock prior to
flooding and final cleanup following removal of the vessel and raising the
dock. Include procedures for cleaning up oil, grease, or fuel spills occurring on
the drydock. To minimize discharges of pollutants in stormwater from drydock
activities, implement control measures such as the following, where
determined to be feasible (list not exclusive): sweeping rather than hosing off
debris and spent blasting material from accessible areas of the drydock prior
to flooding; and having absorbent materials and oil containment booms
readily available to clean up and contain any spills.
8.R.3.2
Employee Training. (See also Part 2.1.2.8) As part of your employee training program,
address, at a minimum, the following activities (as applicable): used oil management,
spent solvent management, disposal of spent abrasives, disposal of vessel wastewaters,
spill prevention and control, fueling procedures, general good housekeeping practices,
painting and blasting procedures, and used battery management.
8.R.3.4
Preventive Maintenance. (See also Part 2.1.2.3) As part of your preventive maintenance
program, perform timely inspection and maintenance of stormwater management
devices (e.g., cleaning oil and water separators and sediment traps to ensure that
spent abrasives, paint chips, and solids will be intercepted and retained prior to
entering the storm drainage system), as well as inspecting and testing facility
equipment and systems to uncover conditions that could cause breakdowns or failures
resulting in discharges of pollutants to surface waters.
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o.Requirements.
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Additional SWPPP
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8.R.4.1
Drainage Area Site Map. (See also Part 5.2.2) Document in your SWPPP where any of
the following may be exposed to precipitation or surface runoff: fueling; engine
maintenance or repair; vessel maintenance or repair; pressure washing; painting;
sanding; blasting; welding; metal fabrication; loading and unloading areas; treatment,
storage, and waste disposal areas; liquid storage tanks; liquid storage areas (e.g., paint,
solvents, resins); and material storage areas (e.g., blasting media, aluminum, steel,
scrap iron).
8.R.4.2
Potential Pollutant Sources. (See also Part 5.2.3) Document in your SWPPP the following
additional sources and activities that have potential pollutants associated with them (if
applicable): outdoor manufacturing or processing activities (e.g., welding, metal
fabricating) and significant dust or particulate generating processes (e.g., abrasive
blasting, sanding, and painting).
8.R.4.3
Documentation of Good Housekeeping Measures. Document in your SWPPP any good
housekeeping measures implemented to meet the effluent limits in Part 8.R.3.
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8.R.4.3.1
8.R.4.3.2
8.R.5
Blasting and Painting Areas. Document in the SWPPP any standard operating
practices relating to blasting and painting (e.g., prohibiting uncontained
blasting and painting over open water or prohibiting blasting and painting
during windy conditions, which can render containment ineffective).
Storage Areas. Specify in your SWPPP which materials are stored indoors, and
contain or enclose or use other measures for those stored outdoors.
Additional Inspection Requirements. (See also Part 3.1)
Include the following in all quarterly routine facility inspections: pressure washing areas;
blasting, sanding, and painting areas; material storage areas; engine maintenance and repair
areas; material handling areas; drydock area; and general yard area.
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Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart S – Sector S – Air Transportation.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.S.1
Covered Stormwater Discharges.
The requirements in Subpart S apply to stormwater discharges associated with industrial
activity from Air Transportation facilities identified by the SIC Codes specified under Sector S in
Table D-1 of Appendix D of the permit.
8.S.2
8.S.2.1
Limitation on Coverage.
Limitations on Coverage. This permit authorizes stormwater discharges from only those
portions of the air transportation facility that are involved in vehicle maintenance
(including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication),
equipment cleaning operations or deicing operations.
Note: the term “deicing” in this permit will generally be used to mean both deicing
(removing frost, snow or ice) and anti-icing (preventing accumulation of frost, snow or
ice) activities, unless specific mention is made otherwise.
8.S.2.2
8.S.3
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Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4 and Part 8.S.5.3) This
permit does not authorize the discharge of aircraft, ground vehicle, runway and
equipment wash waters; nor the dry weather discharge of deicing chemicals. Such
discharges must be covered by separate NPDES permit(s). Note that a discharge
resulting from snowmelt is not a dry weather discharge. (EPA includes these prohibited
non-stormwater discharges here solely as a helpful reminder to the operator that the
only non-stormwater discharges authorized by this permit are at Part 1.1.3.)
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Air transportation facilities often have more than one operator who could discharge
Multiple Operators at Air Transportation Facilities.
stormwater associated with industrial activity. Operators include the airport authority and airport
tenants, including air passenger or cargo companies, fixed based operators, and other parties
who routinely perform industrial activities on airport property.
8.S.3.1
Permit Coverage/Submittal of NOIs. Where an airport transportation facility has multiple
industrial operators that discharge stormwater, each individual operator must obtain
coverage under an NPDES stormwater permit. To obtain coverage under the MSGP, all
such operators must meet the eligibility requirements in Part 1 and must submit an NOI,
per Part 1.2.1.1 (or, if appropriate, a no exposure certification per Part 1.4).
8.S.3.2
MSGP Implementation Responsibilities for Airport Authority and Tenants. The airport
authority, in collaboration with its tenants, may choose to implement certain MSGP
requirements on behalf of its tenants in order to increase efficiency and eliminate
redundancy or duplication of effort. Options available to the airport authority and its
tenants for implementation of MSGP requirements include:
• The airport authority performs certain activities on behalf of itself and its tenants
and reports on its activities;
• Tenants provide the airport authority with relevant inputs about tenants’ activities,
including deicing chemical usage*, and the airport authority compiles and reports
on tenants’ and its own activities;
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•
Tenants independently perform, document and submit required information on
their activities.
*Tenants who report their deicing chemical usage to the airport authority and rely on
the airport authority to perform monitoring should not check the glycol and urea use
box on their NOI forms.
8.S.3.3
SWPPP Requirements. A single comprehensive SWPPP must be developed for all
stormwater discharges associated with industrial activity at the airport before submittal
of any NOIs. The comprehensive SWPPP should be developed collaboratively by the
airport authority and tenants. If any operator develops a SWPPP for discharges from its
own areas of the airport, that SWPPP must be coordinated and integrated with the
comprehensive SWPPP. All operators and their separate SWPPP contributions and
compliance responsibilities must be clearly identified in the comprehensive SWPPP,
which all operators must sign and certify per Part 5.2.7. As applicable, the SWPPP must
clearly specify the MSGP requirements to be complied with by:
•
•
•
The airport authority for itself;
The airport authority on behalf of its tenants;
Tenants for themselves.
For each activity that an operator (e.g., the airport authority) conducts on behalf of
another operator (e.g., a tenant), the SWPPP must describe a process for reporting
results to the latter operator and for ensuring appropriate follow-up, if necessary, by all
affected operators. This is to ensure all actions are taken to correct any potential
deficiencies or permit violations. For example, where the airport authority is conducting
monitoring for itself and its tenants, the SWPPP must identify how the airport authority
will share the monitoring results with its tenants, and then follow-up with its tenants
where there are any exceedances of benchmarks, effluent limits, or water quality
standards. In turn, the SWPPP must describe how the tenants will also follow-up to
ensure permit compliance.
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Duty to Comply. All individual operators are responsible for implementing their assigned
16portion of the comprehensive SWPPP, and operators must ensure that their individual
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activities do not render another operator’s stormwater controls ineffective. In addition,
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the standard permit conditions found in Appendix B apply to each individual operator,
including B.1 Duty to Comply (which states, in part, “You [each individual operator]
must comply with all conditions of this permit.”). For multiple operators at an airport this
means that each individual operator remains responsible for ensuring all requirements
of its own MSGP coverage are met regardless of whether the comprehensive SWPPP
allocates the actual implementation of any of those responsibilities to another entity.
That is, the failure of the entity allocated responsibility in the SWPPP to implement an
MSGP requirement on behalf of other operators does not negate the other operators’
ultimate liability.
8.S.4
8.S.4.1
Additional Technology-Based Effluent Limits.
Good Housekeeping Measures. (See also Part 2.1.2.2)
8.S.4.1.1
Aircraft, Ground Vehicle and Equipment Maintenance Areas. Minimize the
contamination of stormwater runoff from all areas used for aircraft, ground
vehicle and equipment maintenance (including the maintenance
conducted on the terminal apron and in dedicated hangers) through
implementation of control measures such as the following, where determined
to be feasible and that accommodate considerations of safety, space,
operational constraints, and flight considerations (list not exclusive):
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performing maintenance activities indoors; maintaining an organized
inventory of material used in the maintenance areas; draining all parts of
fluids prior to disposal; prohibiting the practice of hosing down the apron or
hanger floor; using dry cleanup methods; and collecting the stormwater
runoff from the maintenance area and providing treatment or recycling.
8.S.4.1.2
Aircraft, Ground Vehicle and Equipment Cleaning Areas. (See also Part
8.S.4.6) Clearly demarcate these areas on the ground using signage or other
appropriate means. Minimize the contamination of stormwater runoff from
cleaning areas.
8.S.4.1.3
Aircraft, Ground Vehicle and Equipment Storage Areas. Store all aircraft,
ground vehicles and equipment awaiting maintenance in designated areas
only and implement control measures to minimize the discharge of pollutants
in stormwater from these storage areas such as the following, where
determined to be feasible and that accommodate considerations of safety,
space, operational constraints, and flight considerations (list not exclusive):
storing aircraft and ground vehicles indoors; using drip pans for the collection
of fluid leaks; and perimeter drains, dikes or berms surrounding the storage
areas.
8.S.4.1.4
Material Storage Areas. Maintain the vessels of stored materials (e.g., used
oils, hydraulic fluids, spent solvents, and waste aircraft fuel) in good condition
to prevent or minimize contamination of stormwater. Also plainly label the
vessels (e.g., “used oil,” “Contaminated Jet A”). To minimize contamination of
precipitation/runoff from these areas, implement control measures such as
the following, where determined to be feasible and that accommodate
considerations of safety, space, operational constraints, and flight
considerations (list not exclusive): storing materials indoors; storing waste
materials in a centralized location; and installing berms/dikes around storage
areas.
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8.S.4.1.5
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2
10and Fueling Areas. Minimize the discharge of pollutants in
Airport Fuel6
System
1 from airport fuel system and fueling areas through implementation
stormwater
o. measures such as the following, where determined to be feasible
N
of control
and that accommodate considerations of safety, space, operational
constraints, and flight considerations (list not exclusive): implementing spill and
overflow practices (e.g., placing absorptive materials beneath aircraft during
fueling operations); using only dry cleanup methods; and collecting
stormwater runoff. If you have implemented a SPCC plan developed in
accordance with the 2006 amendments to the SPCC rule, you may cite the
relevant aspects from your SPCC plan that comply with the requirements of
this section in your SWPPP.
8.S.4.1.6
Source Reduction. Consistent with safety considerations, minimize the use of
urea and glycol-based deicing chemicals to reduce the aggregate amount
of deicing chemicals used that could add pollutants to stormwater
discharges. Chemical options to replace pavement deicers (urea or glycol)
include (list not exclusive): potassium acetate; magnesium acetate; calcium
acetate; and anhydrous sodium acetate.
8.S.4.1.6.1
Runway Deicing Operations. To minimize the discharge of
pollutants in stormwater from runway deicing operations,
implement source reduction control measures such as the
following, where determined to be feasible and that
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accommodate considerations of safety, space, operational
constraints, and flight considerations (list not exclusive): metered
application of chemicals; pre-wetting dry chemical constituents
prior to application; installing a runway ice detection system;
implementing anti-icing operations as a preventive measure
against ice buildup; heating sand; and product substitution.
8.S.4.1.6.2
8.S.4.1.7
Aircraft Deicing Operations. Minimize the discharge of pollutants in
stormwater from aircraft deicing operations. Determine whether
excessive application of deicing chemicals occurs and adjust as
necessary, consistent with considerations of flight safety.
Determine whether alternatives to glycol and whether
containment measures for applied chemicals are feasible.
Implement control measures for reducing deicing fluid such as the
following, where determined to be feasible and that
accommodate considerations of safety, space, operational
constraints, and flight considerations (list not exclusive): forced-air
deicing systems, computer-controlled fixed-gantry systems,
infrared technology, hot water, varying glycol content to air
temperature, enclosed-basket deicing trucks, mechanical
methods, solar radiation, hangar storage, aircraft covers, and
thermal blankets for MD-80s and DC-9s. Consider using icedetection systems and airport traffic flow strategies and departure
slot allocation systems where feasible and that accommodate
considerations of safety, space, operational constraints, and flight
considerations. The evaluations and determinations required by
this Part should be carried out by the personnel most familiar with
the particular aircraft and flight operations and related systems in
question (versus an outside entity such as the airport authority).
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Management of Runoff. (See also Part 2.1.2.6) Minimize the discharge of
pollutants in stormwater from deicing chemicals in runoff. To minimize
discharges of pollutants in stormwater from aircraft deicing, implement runoff
management control measures such as the following, where determined to
be feasible and that accommodate considerations of safety, space,
operational constraints, and flight considerations (list not exclusive): installing
a centralized deicing pad to recover deicing fluid following application; plugand-pump (PnP); using vacuum/collection trucks (glycol recovery vehicles);
storing contaminated stormwater/deicing fluids in tanks; recycling collected
deicing fluid where feasible; releasing controlled amounts to a publicly
owned treatment works; separation of contaminated snow; conveying
contaminated runoff into a stormwater impoundment for biochemical
decomposition (be aware of attracting wildlife that may prove hazardous to
flight operations); and directing runoff into vegetative swales or other
infiltration measures. To minimize discharges of pollutants in stormwater from
runway deicing, implement runoff management control measures such as the
following, where determined to be feasible and that accommodate
considerations of safety, space, operational constraints, and flight
considerations (list not exclusive): mechanical systems (snow plows, brushes);
conveying contaminated runoff into swales and/or a stormwater
impoundment; and pollution prevention practices such as ice detection
systems, and airfield prewetting.
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When applying deicing fluids during non-precipitation events (also referred to
as “clear ice deicing”), implement control measures to prevent unauthorized
discharge of pollutants (dry-weather discharges of pollutants would need
coverage under an NPDES wastewater permit), or to minimize the discharge
of pollutants from deicing fluids in later stormwater discharges, implement
control measures such as the following, where determined to be feasible and
that accommodate considerations safety, space, operational constraints,
and flight considerations (list not exclusive): recovering deicing fluids;
preventing the fluids from entering storm sewers or other stormwater
discharge conveyances (e.g., covering storm sewer inlets, using booms,
installing absorptive interceptors in the drains); releasing controlled amounts
to a publicly owned treatment works Used deicing fluid should be recycled
whenever practicable.
8.S.4.2
8.S.5
8.S.5.1
Deicing Season. You must determine the seasonal timeframe (e.g., DecemberFebruary, October - March) during which deicing activities typically occur at the
facility. Implementation of control measures, including any BMPs, facility inspections
and monitoring must be conducted with particular emphasis throughout the defined
deicing season. If you meet the deicing chemical usage thresholds of 100,000 gallons
glycol and/or 100 tons of urea, the deicing season you identified is the timeframe
during which you must obtain the four required benchmark monitoring event results for
deicing-related parameters, i.e., BOD, COD, ammonia and pH. See also Part 8.S.7.
Additional SWPPP Requirements.
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Drainage Area Site Map. (See also Part 5.2.2) Document in the SWPPP the following
areas of the facility and indicate whether activities occurring there may be exposed to
precipitation/surface runoff: aircraft and runway deicing operations; fueling stations;
aircraft, ground vehicle and equipment maintenance/cleaning areas; and storage
areas for aircraft, ground vehicles and equipment awaiting maintenance.
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8.S.5.2
Potential Pollutant Sources. (See also Part 5.2.3) In the inventory of exposed materials,
describe in the SWPPP the potential for the following activities and facility areas to
contribute pollutants to stormwater discharges: aircraft, runway, ground vehicle and
equipment maintenance and cleaning; and aircraft and runway deicing operations
(including apron and centralized aircraft deicing stations, runways, taxiways and
ramps). If deicing chemicals are used, a record of the types (including the Safety Data
Sheets [SDS]) used and the monthly quantities, either as measured or, in the absence of
metering, using best estimates, must be maintained. This includes all deicing chemicals,
not just glycols and urea (e.g., potassium acetate), because large quantities of these
other chemicals can still have an adverse impact on receiving waters. Deicing
operators must provide the above information to the airport authority for inclusion with
any comprehensive airport SWPPPs.
8.S.5.3
Vehicle and Equipment Wash Water Requirements. If wash water is handled in a
manner that does not involve separate NPDES permitting or local pretreatment
requirements (e.g., hauled offsite, retained onsite), describe the disposal method and
include all pertinent information (e.g., frequency, volume, destination) in your SWPPP.
Discharges of vehicle and equipment wash water are not authorized by this permit for
this sector.
8.S.5.4
Documentation of Control Measures Used for Management of Runoff. Document in your
SWPPP the control measures used for collecting or containing contaminated melt
water from collection areas used for disposal of contaminated snow.
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8.S.6
Additional Inspection Requirements.
At a minimum conduct facility inspections at least monthly during the deicing season
(e.g., October through April for most mid-latitude airports). If your facility needs to deice before
or after this period, expand the monthly inspections to include all months during which deicing
chemicals may be used. The Director may specifically require you to increase inspection
frequencies.
8.S.7
Sector-Specific Benchmarks. (See also Part 6)
Table 8.S-1 identifies benchmarks that apply to Sector S. These benchmarks apply to both
your primary industrial activity and any co-located industrial activities.
Table 8.S-1.
Subsector
(You may be subject to requirements for
more than one sector/subsector)
Parameter
For airports where a single permittee, or a
combination of permitted facilities use more
than 100,000 gallons of pure glycol in glycolbased deicing fluids and/or 100 tons or more
of urea on an average annual basis, monitor
the first four parameters in ONLY those
outfalls that collect runoff from areas where
deicing activities occur (SIC 4512-4581).
Biochemical Oxygen
Demand (BOD5)1
Chemical Oxygen Demand
(COD)1
Ammonia1
pH1
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Benchmark
Monitoring
Concentration
30 mg/L
120 mg/L
2.14 mg/L
6.0 - 9.0 s.u.
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8.S.8
Effluent Limitations Based on Effluent Limitations
24,
0
Standards. (See also Part 6.2.2.1)
6-1For both existing and new “primary airports” (as defined at
8.S.8.1 Airfield Pavement 1
. Deicing.
40 CFR 449.2) with 1,000 or more annual non-propeller aircraft departures that
No
discharge stormwater from airfield pavement deicing activities, there shall be no
These are deicing-related parameters. Collect the four benchmark samples, and any required follow-up benchmark
samples, during the timeframe defined in Part 8.S.4.2 when deicing activities are occurring.
1
discharge of airfield pavement deicers containing urea. To comply with this limitation,
such airports must do one of the following: (1) certify annually on the annual report that
you do not use pavement deicers containing urea, or (2) meet the effluent limitation in
Table 8.S-2.
8.S.8.2
Aircraft Deicing. Airports that are both “primary airports” (as defined at 40 CFR 449.2)
and new sources (“new airports”) with 1,000 or more annual non-propeller aircraft
departures must meet the applicable requirements for aircraft deicing at 40 CFR
449.11(a). Discharges of the collected aircraft deicing fluid directly to waters of the U.S.
are not eligible for coverage under this permit.
8.S.8.3
Monitoring, Reporting and Recordkeeping. For new and existing airports subject to the
effluent limitations in Part 8.S.8.1 or 8.S.8.2 of this permit, you must comply with the
applicable monitoring, reporting and recordkeeping requirements outlined in 40 CFR
449.20.
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Table 8.S-2
Industrial Activity
Parameter
Runoff containing urea from airfield
pavement deicing at existing and new
primary airports with 1,000 or more
annual non-propeller aircraft departures
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Effluent Limitation
Ammonia as Nitrogen
14.7 mg/L, daily
maximum
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Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart T – Sector T – Treatment Works.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.T.1
Covered Stormwater Discharges.
The requirements in Subpart T apply to stormwater discharges associated with industrial
activity from Treatment Works as identified by the Activity Code specified under Sector T in Table
D-1 of Appendix D of the permit.
8.T.2
Industrial Activities Covered by Sector T.
The requirements listed under this part apply to all existing point source stormwater
discharges associated with the following activities:
8.T.2.1
8.T.2.2
8.T.3
8.T.3.1
8.T.4
Treatment works treating domestic sewage, or any other sewage sludge or wastewater
treatment device or system used in the storage, treatment, recycling, and reclamation
of municipal or domestic sewage, including land dedicated to the disposal of sewage
sludge; that are located within the confines of a facility with a design flow of 1.0 million
gallons per day (MGD) or more; or are required to have an approved pretreatment
program under 40 CFR Part 403.
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The following are not required to have permit coverage: farm lands, domestic gardens
or lands used for sludge management where sludge is beneficially reused and which
are not physically located within the facility, or areas that are in compliance with
Section 405 of the CWA.
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Limitations on Coverage.
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Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) Sanitary and industrial
wastewater and equipment and vehicle wash water are not authorized by this permit.
(EPA includes these prohibited non-stormwater discharges here solely as a helpful
reminder to the operator that the only non-stormwater discharges authorized by this
permit are at Part 1.1.3.)
Additional Technology-Based Effluent Limits.
8.T.4.1
Control Measures. (See also Part 2.1.2) To minimize the discharge of pollutants in
stormwater, implement control measures such as the following, where determined to
be feasible (list not exclusive): routing stormwater to the treatment works; or covering
exposed materials (i.e., from the following areas: grit, screenings and other solids
handling, storage or disposal areas; sludge drying beds; dried sludge piles; compost
piles; and septage or hauled waste receiving station).
8.T.4.2
Employee Training. (See also Part 2.1.2.8) At a minimum, training must address the
following areas when applicable to a facility: petroleum product management;
process chemical management; spill prevention and controls; fueling procedures;
general good housekeeping practices; and proper procedures for using fertilizer,
herbicides, and pesticides.
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Multi-Sector General Permit (MSGP)
8.T.5
Additional SWPPP Requirements.
8.T.5.1
Site Map. (See also Part 5.2.2) Document in your SWPPP where any of the following may
be exposed to precipitation or surface runoff: grit, screenings, and other solids
handling, storage, or disposal areas; sludge drying beds; dried sludge piles; compost
piles; septage or hauled waste receiving station; and storage areas for process
chemicals, petroleum products, solvents, fertilizers, herbicides, and pesticides.
8.T.5.2
Potential Pollutant Sources. (See also Part 5.2.3) Document in your SWPPP the following
additional sources and activities that have potential pollutants associated with them,
as applicable: grit, screenings, and other solids handling, storage, or disposal areas;
sludge drying beds; dried sludge piles; compost piles; septage or hauled waste
receiving station; and access roads and rail lines.
8.T.5.3
Wastewater and Wash Water Requirements. If wastewater and/or vehicle and
equipment wash water is not covered by another NPDES permit but is handled in
another manner (e.g., hauled offsite, retained onsite), the disposal method must be
described and all pertinent information (e.g., frequency, volume, destination) must be
included in your SWPPP. Discharges of vehicle and equipment wash water, including
tank cleaning operations, are not authorized by this permit for this sector.
8.T.6
Additional Inspection Requirements. (See also Part 3.1)
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Include the following areas in all inspections: access roads and rail lines; grit, screenings,
and other solids handling, storage, or disposal areas; sludge drying beds; dried sludge piles;
compost piles; and septage or hauled waste receiving station.
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Multi-Sector General Permit (MSGP)
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart U – Sector U – Food and Kindred Products.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.U.1
Covered Stormwater Discharges.
The requirements in Subpart U apply to stormwater discharges associated with industrial
activity from Food and Kindred Products facilities as identified by the SIC Codes specified in
Table D-1 of Appendix D of the permit.
8.U.2
8.U.2.1
8.U.3
8.U.3.1
8.U.4
8.U.4.1
8.U.4.2
8.U.5
Limitations on Coverage.
Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) The following discharges
are not authorized by this permit: discharges containing boiler blowdown, cooling
tower overflow and blowdown, ammonia refrigeration purging, and vehicle washing
and clean-out operations. (EPA includes these prohibited non-stormwater discharges
here solely as a helpful reminder to the operator that the only non-stormwater
discharges authorized by this permit are at Part 1.1.3.)
Additional Technology-Based Limitations.
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Employee Training. (See also Part 2.1.2.8) Address pest control in your employee training
program.
iew
v5.2.2) Document in your SWPPP the locations of
Drainage Area Site Map. (See also ,
24Part
the following activities if they are exposed to precipitation or runoff: vents and stacks
0
from cooking, drying, and similar operations; dry product vacuum transfer lines; animal
6-1 and broken product container storage areas.
holding pens; spoiled product;
o. 1 (See also Part 5.2.3) Document in your SWPPP, in addition to
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Potential Pollutant Sources.
Additional SWPPP Requirements.
food and kindred products processing-related industrial activities, application and
storage of pest control chemicals (e.g., rodenticides, insecticides, fungicides) used on
plant grounds.
Additional Inspection Requirements. (See also Part 3.1)
Inspect on a quarterly basis, at a minimum, the following areas where the potential for
exposure to stormwater exists: loading and unloading areas for all significant materials; storage
areas, including associated containment areas; waste management units; vents and stacks
emanating from industrial activities; spoiled product and broken product container holding
areas; animal holding pens; staging areas; and air pollution control equipment.
8.U.6
Sector-Specific Benchmarks. (See also Part 6)
Table 8.U-1 identifies benchmarks that apply to the specific subsectors of Sector U. These
benchmarks apply to both your primary industrial activity and any co-located industrial
activities.
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Multi-Sector General Permit (MSGP)
Table 8.U-1.
Subsector
(You may be subject to requirements
for more than one Sector /
Subsector)
Parameter
Benchmark
Monitoring
Concentration
Subsector U1. Grain Mill Products (SIC
2041-2048)
Total Suspended Solids (TSS)
100 mg/L
Subsector U2. Fats and Oils Products
(SIC 2074-2079)
Biochemical Oxygen Demand
(BOD5)
30 mg/L
Chemical Oxygen Demand
(COD)
120 mg/L
Nitrate plus Nitrite Nitrogen
0.68 mg/L
Total Suspended Solids (TSS)
100 mg/L
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Multi-Sector General Permit (MSGP)
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart V – Sector V – Textile Mills, Apparel, and Other Fabric Products.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.V.1
Covered Stormwater Discharges.
The requirements in Subpart V apply to stormwater discharges associated with industrial
activity from Textile Mills, Apparel, and Other Fabric Product manufacturing as identified by the
SIC Codes specified under Sector V in Table D-1 of Appendix D of the permit.
8.V.2
8.V.2.1
8.V.3
8.V.3.1
Limitations on Coverage.
Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) The following are not
authorized by this permit: discharges of wastewater (e.g., wastewater resulting from
wet processing or from any processes relating to the production process), reused or
recycled water, and waters used in cooling towers. If you have these types of
discharges from your facility, you must cover them under a separate NPDES permit.
(EPA includes these prohibited non-stormwater discharges here solely as a helpful
reminder to the operator that the only non-stormwater discharges authorized by this
permit are at Part 1.1.3.)
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Good Housekeeping Measures. (See also Part 2.1.2.2)
ewand store all containerized materials
8.V.3.1.1 Material Storage Areas. Plainly label
, vi solvents, and dyes) in a protected area,
(e.g., fuels, petroleum products,
024 contamination of the stormwater runoff from such
away from drains. Minimize
6-1
storage areas. Also consider an inventory control plan to prevent excessive
purchasing of potentially hazardous substances. For storing empty chemical
o.or1
N containers, ensure that the drums and containers are clean
drums
Additional Technology-Based Limitations.
(consider triple-rinsing) and that there is no contact of residuals with
precipitation or runoff. Collect and dispose of wash water from these
cleanings properly.
8.V.3.1.2 Material Handling Areas. Minimize contamination of stormwater runoff from
material handling operations and areas through implementation of control
measures such as the following, where determined to be feasible: using spill
and overflow protection; covering fueling areas; and covering or enclosing
areas where the transfer of material may occur. When applicable, address
the replacement or repair of leaking connections, valves, transfer lines and
pipes that may carry chemicals, dyes or wastewater.
8.V.3.1.3 Fueling Areas. Minimize contamination of stormwater runoff from fueling areas
through implementation of control measures such as the following, where
determined to be feasible: covering the fueling area; using spill and overflow
protection; minimizing run-on of stormwater to the fueling areas; using dry
cleanup methods; and treating and/or recycling stormwater runoff collected
from the fueling area.
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Multi-Sector General Permit (MSGP)
8.V.3.1.4 Above-Ground Storage Tank Area. Minimize contamination of stormwater
runoff from above-ground storage tank areas, including the associated piping
and valves, through implementation of control measures such as the
following, where determined to be feasible (list not exclusive): regular
cleanup of these areas; including measures for tanks, piping and valves
explicitly in your SPCC program; minimizing runoff of stormwater from
adjacent areas; restricting access to the area; inserting filters in adjacent
catch basins; providing absorbent booms in unbermed fueling areas; using
dry cleanup methods; and permanently sealing drains within critical areas
that may discharge to a storm drain.
8.V.3.2
8.V.4
8.V.4.1
Employee Training. (See also Part 2.1.2.8) As part of your employee training program,
address, at a minimum, the following activities (as applicable): use of reused and
recycled waters, solvents management, proper disposal of dyes, proper disposal of
petroleum products and spent lubricants, spill prevention and control, fueling
procedures, and general good housekeeping practices.
Additional SWPPP Requirements.
Potential Pollutant Sources. (See also Part 5.2.3) Document in your SWPPP the following
additional sources and activities that have potential pollutants associated with them:
industry-specific significant materials and industrial activities (e.g., backwinding,
beaming, bleaching, backing bonding, carbonizing, carding, cut and sew operations,
desizing, drawing, dyeing locking, fulling, knitting, mercerizing, opening, packing,
plying, scouring, slashing, spinning, synthetic-felt processing, textile waste processing,
tufting, turning, weaving, web forming, winging, yarn spinning, and yarn texturing).
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d 1 Storage Areas. Document in
8.V.4.2 Description of Good Housekeeping Measures for Material
e
the SWPPP your containment area or enclosure for materials stored outdoors in
ew
connection with Part 8.V.3.1.1 above.v
, i
8.V.5 Additional Inspection Requirements.
024
6-1
Inspect, at least monthly, the following activities and areas (at a minimum): transfer and
transmission lines, spill prevention, good housekeeping practices, management of process waste
o. 1 nonstructural management practices.
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products, and all structural and
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Multi-Sector General Permit (MSGP)
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart W – Sector W – Furniture and Fixtures.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.W.1
Covered Stormwater Discharges.
The requirements in Subpart W apply to stormwater discharges associated with industrial
activity from Furniture and Fixtures facilities as identified by the SIC Codes specified under Sector
W in Table D-1 of Appendix D of the permit.
8.W.2
Additional SWPPP Requirements.
8.W.2.1 Drainage Area Site Map. (See also Part 5.2.2) Document in your SWPPP where any of
the following may be exposed to precipitation or surface runoff: material storage
(including tanks or other vessels used for liquid or waste storage) areas; outdoor
material processing areas; areas where wastes are treated, stored, or disposed of;
access roads; and rail spurs.
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Multi-Sector General Permit (MSGP)
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart X – Sector X – Printing and Publishing.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.X.1
Covered Stormwater Discharges.
The requirements in Subpart X apply to stormwater discharges associated with industrial
activity from Printing and Publishing facilities as identified by the SIC Codes specified under
Sector X in Table D-1 of Appendix D of the permit.
8.X.2
8.X.2.1
Additional Technology-Based Effluent Limits.
Good Housekeeping Measures. (See also Part 2.1.2.2)
8.X.2.1.1 Material Storage Areas. Plainly label and store all containerized materials
(e.g., skids, pallets, solvents, bulk inks, hazardous waste, empty drums,
portable and mobile containers of plant debris, wood crates, steel racks, and
fuel oil) in a protected area, away from drains. Minimize contamination of the
stormwater runoff from such storage areas. Also consider an inventory control
plan to prevent excessive purchasing of potentially hazardous substances.
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8.X.2.1.2 Material Handling Area. Minimize contamination of stormwater runoff from
material handling operations and areas (e.g., blanket wash, mixing solvents,
loading and unloading materials) through implementation of control
measures such as the following, where determined to be feasible (list not
exclusive): using spill and overflow protection; covering fueling areas; and
covering or enclosing areas where the transfer of materials may occur. When
applicable, address the replacement or repair of leaking connections, valves,
transfer lines, and pipes that may carry chemicals or wastewater.
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o. Areas. Minimize contamination of stormwater runoff from fueling areas
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Fueling
through implementation of control measures such as the following, where
determined to be feasible (list not exclusive): covering the fueling area; using
spill and overflow protection; minimizing runoff of stormwater to the fueling
areas; using dry cleanup methods; and treating and/or recycling stormwater
runoff collected from the fueling area.
8.X.2.1.4 Above Ground Storage Tank Area. Minimize contamination of the stormwater
runoff from above-ground storage tank areas, including the associated piping
and valves, through implementation of control measures such as the
following, where determined to be feasible (list not exclusive): regularly
cleaning these areas; explicitly addressing tanks; piping and valves in the
SPCC program; minimizing stormwater runoff from adjacent areas; restricting
access to the area; inserting filters in adjacent catch basins; providing
absorbent booms in unbermed fueling areas; using dry cleanup methods;
and permanently sealing drains within critical areas that may discharge to a
storm drain.
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Multi-Sector General Permit (MSGP)
8.X.2.2
8.X.3
8.X.3.1
Employee Training. (See also Part 2.1.2.8) As part of your employee training program,
address, at a minimum, the following activities (as applicable): spent solvent
management, spill prevention and control, used oil management, fueling procedures,
and general good housekeeping practices.
Additional SWPPP Requirements.
Description of Good Housekeeping Measures for Material Storage Areas. In connection
with Part 8.X.2.1.1, describe in the SWPPP the containment area or enclosure for
materials stored outdoors.
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Multi-Sector General Permit (MSGP)
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart Y – Sector Y – Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing
Industries.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.Y.1
Covered Stormwater Discharges.
The requirements in Subpart Y apply to stormwater discharges associated with industrial
activity from Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries
facilities as identified by the SIC Codes specified under Sector Y in Table D-1 of Appendix D of
the permit.
8.Y.2
8.Y.2.1
Additional Technology-Based Effluent Limits.
Controls for Rubber Manufacturers. (See also Part 2.1.2) Minimize the discharge of zinc in
your stormwater discharges. Parts 8.Y.2.1.1 to 8.Y.2.1.5 give possible sources of zinc to
be reviewed and list control measures to be implemented where determined to be
feasible. Implement additional control measures such as the following, where
determined to be feasible (list not exclusive): using chemicals purchased in preweighed, sealed polyethylene bags; storing in-use materials in sealable containers,
ensuring an airspace between the container and the cover to minimize “puffing” losses
when the container is opened; and using automatic dispensing and weighing
equipment.
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8.Y.2.1.1
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vie and storage of zinc bags at your facility
Zinc Bags. Ensure proper handling
through implementation of control measures such as the following, where
24, (list not exclusive): employee training on the
determined to 10
6-be feasible
handling and storage of zinc bags; indoor storage of zinc bags; cleanup of
1
zinc spills without washing the zinc into the storm drain; and the use of 2,500o.sacks of zinc rather than 50- to 100-pound sacks.
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pound
8.Y.2.1.2 Dumpsters. Minimize discharges of zinc from dumpsters through
implementation of control measures such as the following, where determined
to be feasible (list not exclusive): covering the dumpster; moving the
dumpster indoors; and providing a lining for the dumpster.
8.Y.2.1.3 Dust Collectors and Baghouses. Minimize contributions of zinc to stormwater
from dust collectors and baghouses. Replace or repair, as appropriate,
improperly operating dust collectors and baghouses.
8.Y.2.1.4 Grinding Operations. Minimize contamination of stormwater as a result of dust
generation from rubber grinding operations. Where determined to be
feasible, install a dust collection system.
8.Y.2.1.5 Zinc Stearate Coating Operations. Minimize the potential for stormwater
contamination from drips and spills of zinc stearate slurry that may be
released to the storm drain. Where determined to be feasible, use alternative
compounds to zinc stearate.
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Multi-Sector General Permit (MSGP)
8.Y.2.2
8.Y.3
8.Y.3.1
8.Y.4
Controls for Plastic Products Manufacturers. Minimize the discharge of plastic resin
pellets in your stormwater discharges through implementation of control measures such
as the following, where determined to be feasible (list not exclusive): minimizing spills;
cleaning up of spills promptly and thoroughly; sweeping thoroughly; pellet capturing;
employee education; and disposal precautions.
Additional SWPPP Requirements.
Potential Pollutant Sources for Rubber Manufacturers. (See also Part 5.2.3) Document in
your SWPPP the use of zinc at your facility and the possible pathways through which
zinc may be discharged in stormwater runoff.
Sector-Specific Benchmarks. (See also Part 6)
Table 8.Y-1 identifies benchmarks that apply to Sector Y. These benchmarks apply to
both your primary industrial activity and any co-located industrial activities.
Table 8.Y-1.
Subsector
(You may be subject to requirements for more
than one sector/subsector)
Subsector Y1. Rubber Products Manufacturing
(SIC 3011, 3021, 3052, 3053, 3061, 3069)
1Saltwater
Parameter
Total Zinc
(freshwater)2
Total Zinc
(saltwater)1
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Benchmark Monitoring
Concentration
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/1
Hardness Dependent
benchmark values apply to stormwater discharges into saline waters where indicated.
The freshwater benchmark values of some metals are dependent on water hardness. For these parameters,
permittees must determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in
Receiving Waters for Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify
the applicable ‘hardness range’ for determining their benchmark value applicable to their facility. Hardness
Dependent Benchmarks follow in the table below:
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Freshwater Hardness Range
0-24.99 mg/L
25-49.99 mg/L
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Zinc
(mg/L)
0.04
0.05
50-74.99 mg/L
0.08
75-99.99 mg/L
0.11
100-124.99 mg/L
0.13
125-149.99 mg/L
0.16
150-174.99 mg/L
0.18
175-199.99 mg/L
0.20
200-224.99 mg/L
0.23
225-249.99 mg/L
0.25
250+ mg/L
0.26
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Multi-Sector General Permit (MSGP)
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart Z – Sector Z – Leather Tanning and Finishing.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.Z.1
Covered Stormwater Discharges.
The requirements in Subpart Z apply to stormwater discharges associated with industrial
activity from Leather Tanning and Finishing facilities as identified by the SIC Code specified
under Sector Z in Table D-1 of Appendix D of the permit.
8.Z.2
8.Z.2.3
Additional Technology-Based Effluent Limits.
Good Housekeeping Measures. (See also Part 2.1.2.2)
8.Z.2.3.1
Storage Areas for Raw, Semiprocessed, or Finished Tannery By-products.
Minimize contamination of stormwater runoff from pallets and bales of raw,
semiprocessed, or finished tannery by-products (e.g., splits, trimmings,
shavings). Store or protect indoors with polyethylene wrapping, tarpaulins,
roofed storage, etc. where practicable. Place materials on an impermeable
surface and enclose or put berms (or equivalent measures) around the area
to prevent stormwater run-on and runoff where practicable.
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8.Z.2.3.2
Material Storage Areas. Label storage containers of all materials (e.g., specific
chemicals, hazardous materials, spent solvents, waste materials) and minimize
contact of such materials with stormwater.
8.Z.2.3.3
Buffing and Shaving Areas. Minimize contamination of stormwater runoff with
leather dust from buffing and shaving areas through implementation of
control measures such as the following, where determined to be feasible (list
not exclusive): implementing dust collection enclosures; implementing
preventive inspection and maintenance programs; or other appropriate
preventive measures.
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8.Z.2.3.4
Receiving, Unloading, and Storage Areas. Minimize contamination of
stormwater runoff from receiving, unloading, and storage areas. If these areas
are exposed, implement control measures such as the following, where
determined to be feasible (list not exclusive): covering all hides and chemical
supplies; diverting drainage to the process sewer; or grade berming or
curbing the area to prevent stormwater runoff.
8.Z.2.3.5
Outdoor Storage of Contaminated Equipment. Minimize contact of stormwater
with contaminated equipment through implementation of control measures
such as the following, where determined to be feasible (list not exclusive):
covering equipment, diverting drainage to the process sewer, and cleaning
thoroughly prior to storage.
8.Z.2.3.6
Waste Management. Minimize contamination of stormwater runoff from waste
storage areas through implementation of control measures such as the
following, where determined to be feasible (list not exclusive): covering
dumpsters; moving waste management activities indoors; covering waste
piles with temporary covering material such as tarpaulins or polyethylene; and
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Multi-Sector General Permit (MSGP)
minimizing stormwater runoff by enclosing the area or building berms around
the area.
8.Z.3
Additional SWPPP Requirements.
8.Z.3.1
Drainage Area Site Map. (See also Part 5.2.2) Identify in your SWPPP where any of the
following may be exposed to precipitation or surface runoff: processing and storage
areas of the beamhouse, tanyard, and re-tan wet finishing and dry finishing operations.
8.Z.3.2
Potential Pollutant Sources. (See also Part 5.2.3) Document in your SWPPP the following
sources and activities that have potential pollutants associated with them (as
appropriate): temporary or permanent storage of fresh and brine-cured hides;
extraneous hide substances and hair; leather dust, scraps, trimmings, and shavings.
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Multi-Sector General Permit (MSGP)
Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart AA – Sector AA – Fabricated Metal Products
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.AA.1 Covered Stormwater Discharges.
The requirements in Subpart AA apply to stormwater discharges associated with industrial
activity from Fabricated Metal Products facilities as identified by the SIC Codes specified under
Sector AA in Table D-1 of Appendix D of the permit.
8.AA.2 Additional Technology-Based Effluent Limits.
8.AA.2.1 Good Housekeeping Measures. (See also Part 2.1.2.2)
8.AA.2.1.1 Raw Steel Handling Storage. Minimize the generation of and/or recover and
properly manage scrap metals, fines, and iron dust. Include measures for
containing materials within storage handling areas.
16
9/Ensure that the
1
8.AA.2.2 Spill Prevention and Response Procedures. (See also Part 2.1.2.4)
12/
necessary equipment to implement a cleanup is available to personnel. The following
areas should be addressed:
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8.AA.2.2.1 Metal Fabricating Areas. Maintain clean, dry, orderly conditions in these
vie where practicable.
areas. Use dry clean-up techniques
4,
2Metal. Keep these areas free of conditions that could
8.AA.2.2.2 Storage Areas for 0
6-1 Raw
cause, or impede appropriate and timely response to, spills or leakage of
1
materials through implementation of control measures such as the following,
o.determined to be feasible (list not exclusive): maintaining storage
N
where
8.AA.2.1.2 Paints and Painting Equipment. Minimize exposure of paint and painting
equipment to stormwater.
areas so that there is easy access in the event of a spill, and labeling stored
materials to aid in identifying spill contents.
8.AA.2.2.3 Metal Working Fluid Storage Areas. Minimize the potential for stormwater
contamination from storage areas for metal working fluids.
8.AA.2.2.4 Cleaners and Rinse Water. Control and clean up spills of solvents and other
liquid cleaners, control sand buildup and disbursement from sand-blasting
operations, and prevent exposure of recyclable wastes. Substitute
environmentally benign cleaners when possible.
8.AA.2.2.5 Lubricating Oil and Hydraulic Fluid Operations. Minimize the potential for
stormwater contamination from lubricating oil and hydraulic fluid operations.
Use monitoring equipment or other devices to detect and control leaks and
overflows where feasible. Install perimeter controls such as dikes, curbs, grass
filter strips, or equivalent measures where feasible.
8.AA.2.2.6 Chemical Storage Areas. Minimize stormwater contamination and accidental
spillage in chemical storage areas. Include a program to inspect containers
and identify proper disposal methods.
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8.AA.2.3 Spills and Leaks. (See also Part 5.2.3.3) In your spill prevention and response procedures,
required by Part 2.1.2.4, pay attention to the following materials (at a minimum):
chromium, toluene, pickle liquor, sulfuric acid, zinc and other water priority chemicals,
and hazardous chemicals and wastes.
8.AA.3 Additional SWPPP Requirements.
8.AA.3.1 Drainage Area Site Map. (See also Part 5.2.2) Document in your SWPPP where any of
the following may be exposed to precipitation or surface runoff: raw metal storage
areas; finished metal storage areas; scrap disposal collection sites; equipment storage
areas; retention and detention basins; temporary and permanent diversion dikes or
berms; right-of-way or perimeter diversion devices; sediment traps and barriers;
processing areas, including outside painting areas; wood preparation; recycling; and
raw material storage.
8.AA.3.2 Potential Pollutant Sources. (See also Part 5.2.3) Document in your SWPPP the following
additional sources and activities that have potential pollutants associated with them:
loading and unloading operations for paints, chemicals, and raw materials; outdoor
storage activities for raw materials, paints, empty containers, corn cobs, chemicals,
and scrap metals; outdoor manufacturing or processing activities such as grinding,
cutting, degreasing, buffing, and brazing; onsite waste disposal practices for spent
solvents, sludge, pickling baths, shavings, ingot pieces, and refuse and waste piles.
6
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8.AA.4.1 Inspections. (See also Part 3.1) At a minimum, include the following
1
inspections: raw metal storage areas, finished product storage areas, material and
12/ areas, recycling areas,
chemical storage areas, spent solvents and chemical storage
ed
loading and unloading areas, equipment storage areas, paint areas, drainage from
ew
roof and vehicle fueling and maintenance areas. Potential pollutants include
vialuminum, oil and grease, methyl ethyl ketone,
chromium, zinc, lubricating oil, solvents,
24,
steel, and related materials.
0
6-1 (See also Part 6)
8.AA.5 Sector-Specific Benchmarks.
o. 1
Table 8.AA-1 identifies benchmarks that apply to the specific subsectors of Sector AA.
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These benchmarks apply to both your primary industrial activity and any co-located industrial
8.AA.4 Additional Inspection Requirements.
activities.
Table 8.AA-1
Subsector
(You may be subject to requirements
for more than one sector/subsector)
Subsector AA1. Fabricated Metal
Products, except Coating (SIC 34113499; 3911-3915)
Subsector AA2. Fabricated Metal
Coating and Engraving (SIC 3479)
Parameter
Benchmark Monitoring
Concentration
Total Aluminum
Total Iron
Total Zinc (freshwater)2
Total Zinc (saltwater)1
Nitrate plus Nitrite Nitrogen
Total Zinc (freshwater)2
Total Zinc (saltwater)1
Nitrate plus Nitrite Nitrogen
0.75 mg/L
1.0 mg/L
Hardness Dependent
0.09 mg/L
0.68 mg/L
Hardness Dependent
0.09 mg/L
0.68 mg/L
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1Saltwater
benchmark values apply to stormwater discharges into saline waters where indicated.
The freshwater benchmark values of some metals are dependent on water hardness. For these parameters, permittees
must determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving Waters for
Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable ‘hardness
range’ for determining their benchmark value applicable to their facility. Hardness Dependent Benchmarks follow in the
table below:
2
Freshwater Hardness Range
Zinc (mg/L)
0-24.99 mg/L
0.04
25-49.99 mg/L
0.05
50-74.99 mg/L
0.08
75-99.99 mg/L
0.11
100-124.99 mg/L
0.13
125-149.99 mg/L
0.16
150-174.99 mg/L
0.18
175-199.99 mg/L
0.20
200-224.99 mg/L
0.23
225-249.99 mg/L
0.25
250+ mg/L
0.26
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Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart AB – Sector AB – Transportation Equipment, Industrial or Commercial Machinery
Facilities.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.AB.1 Covered Stormwater Discharges.
The requirements in Subpart AB apply to stormwater discharges associated with industrial
activity from Transportation Equipment, Industrial or Commercial Machinery facilities as identified
by the SIC Codes specified under Sector AB in Table D-1 of Appendix D of the permit.
8.AB.2 Additional SWPPP Requirements.
8.AB.2.1 Drainage Area Site Map. (See also Part 5.2.2) Identify in your SWPPP where any of the
following may be exposed to precipitation or surface runoff: vents and stacks from
metal processing and similar operations.
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Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart AC– Sector AC – Electronic and Electrical Equipment and Components, Photographic
and Optical Goods.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.AC.1 Covered Stormwater Discharges.
The requirements in Subpart AC apply to stormwater discharges associated with industrial
activity from facilities that manufacture Electronic and Electrical Equipment and Components,
Photographic and Optical goods as identified by the SIC Codes specified in Table D-1 of
Appendix D of the permit.
8.AC.2 Additional Requirements.
No additional sector-specific requirements apply.
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Part 8 – Sector-Specific Requirements for Industrial Activity
Subpart AD – Sector AD – Stormwater Discharges Designated by the Director as Requiring
Permits.
You must comply with Part 8 sector-specific requirements associated with your primary
industrial activity and any co-located industrial activities, as defined in Appendix A. The sectorspecific requirements apply to those areas of your facility where those sector-specific activities
occur. These sector-specific requirements are in addition to any requirements specified
elsewhere in this permit.
8.AD.1 Covered Stormwater Discharges.
Sector AD is used to provide permit coverage for facilities designated by the Director as
needing a stormwater permit, and any discharges of stormwater associated with industrial
activity that do not meet the description of an industrial activity covered by Sectors A-AC.
8.AD.1.1 Eligibility for Permit Coverage. Because this sector is primarily intended for use by
discharges designated by the Director as needing a stormwater permit (which is an
atypical circumstance), and your facility may or may not normally be discharging
stormwater associated with industrial activity, you must obtain the Director’s written
permission to use this permit prior to submitting an NOI. If you are authorized to use this
permit, you will still be required to ensure that your discharges meet the basic eligibility
provisions of this permit at Part 1.1.
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8.AD.2 Sector-Specific Benchmarks and Effluent Limits. (See also Part 6)
1
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The Director will establish any additional monitoring and reporting requirements for your
d
facility prior to authorizing you to be covered by this permit. Additional monitoring requirements
eand your stormwater discharges.
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would be based on the nature of activities at your facility
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9.
Permit Conditions Applicable to Specific States, Indian Country Lands, or Territories
9.1
EPA Region 1: Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island,
Vermont.
9.1.1
CTR05I000: Indian Country within the State of Connecticut
No additional requirements.
9.1.2
conditions:
9.1.2.1
MAR050000: Commonwealth of Massachusetts, except Indian country
Permittees in the Commonwealth of Massachusetts must meet the following
Additional conditions required by the Commonwealth of Massachusetts. Discharges
covered by the general permit must comply with the provisions of 314 CMR 3.00;
314 CMR 4.00; 314 CMR 9.00; and 314 CMR 10.00 and any other related policies
adopted under the authority of the Massachusetts Clean Waters Act, MGL c.21, ss.
26-53 and Wetlands Protection Act, MGL s. 40.
New facilities or redevelopment of existing facilities subject to this permit must
comply with applicable stormwater performance standards prescribed by state
regulation or policy. A permit under 314 CMR 3.04 is not required for existing facilities
which meet state stormwater performance standards. An application for a permit
under 314 CMR 3.00 is required only when required under 314 CMR 3.04(2)(b)
{designation of a discharge on a case-by-case basis} or is otherwise identified in
314 CMR 3.00 or any Massachusetts Department of Environmental Protection policy
as a discharge requiring a permit application. Department regulations and policies
may be obtained through the State House Bookstore or online at
www.mass.gov/dep.
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9.1.2.2
SWPPP Availability. The Department may request a copy of the Stormwater
Pollution Prevention Plan (SWPPP) and the permittee is required to submit the
SWPPP to the Department within 14 days of such a request.
9.1.2.3
Authorization to Inspect. The Department may conduct an inspection of any facility
covered by this permit to ensure compliance with state law requirements, including
state water quality standards. The Department may enforce its certification
conditions.
9.1.2.4
Submission of Monitoring Data. The results of any monitoring [four samples required
in the first year of the permit] required by this permit must be sent to the
appropriate Regional Office of the Department [attention: Bureau of Waste
Prevention] where the monitoring identifies violations of any effluent limits or
benchmarks for any parameter for which monitoring is required under this permit. In
addition, any follow-up monitoring and a description of the corrective actions
required and undertaken to meet the effluent limits or benchmarks must be sent to
the appropriate Department Regional Office.
9.1.2.5
Sector-Specific Requirements. The Massachusetts Coastal Zone Management
Program submitted the following conditions to be added to the permit in order to
meet the Programs’ Consistency Review and which are included in the
requirements of this Water Quality Certification:
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•
•
In Sector R [Ship and Boat Building and Repair Yards] add aluminum, iron, lead
and copper to the list of required monitoring parameters with a benchmark
monitoring concentration as included in the MSGP 2015 Fact Sheet Part X.B.1
and Appendix J.
•
9.1.3
In Sector Q [Water Transportation] add copper to the required monitoring
parameters with a benchmark monitoring concentration as included in the
MSGP 2015 Fact Sheet Part X.B.1, and Appendix J.
Modify the monitoring requirements [Part 6.2.1.2] for Sectors Q and R such that
all four of the quarterly monitoring samples must meet the benchmarks rather
than the average of the four before no further monitoring is required.
MAR05I000: Indian country within the Commonwealth of Massachusetts
No additional requirements.
9.1.4
NHR050000: State of New Hampshire
Permittees in New Hampshire must also meet the following conditions:
9.1.4.1
9.1.4.2
Consider Opportunities for on-site infiltration of stormwater. In Part 2.1.1 Control
Measure Selection and Design Considerations, you are required to consider
opportunities for infiltrating runoff onsite. This is encouraged, but it should only be
done if consistent with the statutes and rules of the Department of Environmental
Services written to protect groundwater, including Env-Wq 1507.04(e). Infiltration
best management practices are not recommended at industrial sites except in
areas where industrial activities do not occur, such as at office buildings and their
associated parking facilities, or in drainage areas at the facility where a
certification of no exposure will always be possible [see 40 CFR 122.26(g)].
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Maintenance of Infiltration Best Management Practices. In Part 2.1.2.3 you are
required to maintain control measures. In Parts 5.2.2, 5.2.5.1, and 5.5 you are
required to document the location of control measures, perform inspections and
maintenance, and keep records. Accordingly, the SWPPP must contain the
following:
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•
•
The maintenance procedures that will be followed to ensure proper operation,
including the removal of sediment from pretreatment devices;
•
The inspection produces that will be followed at least annually. These should
include the produces for ensuring that the stormwater being infiltrated is not
exposed to industrial pollutants and the procedures for ensuring proper
drainage to prevent mosquito breeding;
•
The employee name (or title of the position) who is a member of the stormwater
pollution prevention team (see Part 5.2.1) who will be responsible for the
maintenance required in this section, the inspection required in this section, and
any necessary corrective action required in Part 4; and
•
9.1.4.3
A description of and the location of each on-site infiltration BMP installed;
Records for all maintenance performed, inspections conducted, and corrective
actions taken.
Discontinue, Permit or Register On-site Infiltration BMP if Necessary. If at any time a
certification of no exposure can no longer be made for any of the stormwater to
be infiltrated, then the infiltration BMP must cease for that portion of the runoff or
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the discharge must be permitted or registered as appropriate. The following may
be required:
•
Infiltration BMP that meets the definition of a Class V well or that infiltrates
stormwater via a subsurface structure (i.e. concrete chambers, dry well, leach
field, etc.) will need an underground injection control (UIC) registration from
NHDES; and
•
Permitting as a groundwater discharge as required in Env-Wq 402, if the
stormwater will or may contain regulated contaminants.
The SWPPP must be modified immediately if new infiltration BMPs are proposed or if
existing infiltration BMPs will cease.
9.1.4.4
Required NHDES notification.
•
•
9.1.4.5
Notify the NHDES Groundwater Discharge Permit Coordinator immediately if
you believe that any infiltration BMP may need to be permitted or registered
(See Part 9.1.4.3) during the permit term.
Notify the NHDES Wastewater Engineering Bureau immediately of any plans to
discharge any new non-stormwater discharges during the permit term. This does
not include the allowable non-stormwater discharges listed in Part 1.1.3.
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•
9.1.4.6
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Information That May Be Requested by NHDES. To ensure compliance with RSA 485C, RSA 485-A, RSA 485-A:13, I(a), Env-Wq 400 and Env-Wq 401 the following
information may be requested by NHDES. This information must be kept on site
unless you receive a written request from NHDES that it be sent to the address
shown in Part 9.1.4.6.
w
vieshowing the type and location of all on-site
The site map required in Part 5.2.2,
4,
infiltration BMP utilized2 the facility or the reason(s) why none were installed.
at
0
A list of all non-stormwater discharges that occur at the facility, including their
6-1 the control measures being used (See Sections 1.1.3 and
source locations and
o. 1
5.2.3.4).
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A copy of the Annual Reports required in Part 7.5
Where to Submit Information. Information submitted to NHDES must be sent to the
following address:
NH Department of Environmental Services
Wastewater Engineering Bureau, Permits & Compliance Section
P.O. Box 95
Concord, NH 03302-0095
9.1.4.7
Modification of Clean Water Act Section 401 Water Quality Certification. When
NHDES determines that additional water quality certification requirements are
necessary to protect water quality, it may require individual dischargers to meet
additional conditions to obtain or continue coverage under the MSGP. Any such
conditions shall be supplied to the permittee in writing. Any required pollutant
loading analyses and any designs for structural best management practices
necessary to protect water quality must be prepared by a civil or sanitary engineer
registered in New Hampshire.
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9.1.5
RIR05I000: Indian country within the State of Rhode Island
No additional requirements.
9.1.6
VTR05F000: Areas in the State of Vermont subject to industrial activity by a Federal
Operator
No additional requirements.
9.2
EPA Region 2: New Jersey, New York, Puerto Rico, Virgin Islands.
9.2.1
PRR050000: Commonwealth of Puerto Rico
No additional requirements.
9.3
EPA Region 3: Delaware, District of Columbia, Maryland, Pennsylvania, Virginia,
West Virginia.
9.3.1
DCR050000: District of Columbia
Permittees in the District of Columbia must also meet the following conditions:
9.3.1.1
9.3.1.2
9.3.1.3
Compliance with District of Columbia Laws and Regulations. Discharges covered by
the MSGP must comply with the District of Columbia Water Pollution Control Act of
1984, as amended, D.C. Official Code § 8-103.01 et seq.; and its implementing
regulations in Title 21, Chapters 11 and 19 of the District of Columbia Municipal
Regulations. Nothing in this permit will be construed to preclude the institution of
any legal action or relieve the permittee from any responsibilities, liabilities, or
penalties established pursuant to District of Columbia laws and regulations.
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Submission of SWPPP. The Stormwater Pollution Prevention Plan (SWPPP) shall be
submitted to the District Department of the Environment (DDOE) at the same time
the Notice of Intent (NOI) is submitted to EPA.
102
Submission of No6
1 Exposure Certification (NOT)NOT. Copies of the No Exposure the
. and Notice of Termination and shall be submitted to DDOE at
Certification
o
same N they are submitted to EPA.
time
9.3.1.4
Authorization to Inspect. The permittee shall allow DDOE to inspect any facility,
equipment, practices, or operations regulated or required under this permit and to
access records maintained under the conditions of this permit.
9.3.1.5
Submission of Reports. Signed copies of all reports required under this permit
including the reporting requirements of Appendix B.12 shall be submitted to DDOE
at the same time they are submitted to EPA.
9.3.1.6
Where to Submit Information. All required or requested documents shall be sent to
the:
Attention: Associate Director
Water Quality Division, Natural Resources Administration
District Department of the Environment
1200 First Street, NE, 5th Floor
Washington, D.C. 20002
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9.3.2
DER05F000: Areas in the State of Delaware subject to industrial activity by a Federal
Operator
No additional requirements.
9.4
EPA Region 4: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina,
South Carolina, Tennessee
Coverage not available under this permit.
9.5
EPA Region 5: Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin.
9.5.1
MIR05I000: Indian country within the State of Michigan
No additional requirements.
9.5.2
MNR05I000: Indian country within the State of Minnesota
9.5.2.1
Fond du Lac Reservation
The following conditions apply only to discharges on the Fond du Lac Reservation.
9.5.2.1.1
9.5.2.1.2
9.5.2.1.3
9.5.2.1.4
Submission of SWPPP. A copy of the Stormwater Pollution Plan (SWPPP) must be
submitted to the Office of Water Protection at least thirty (30) days in advance of
sending the Notice of Intent to EPA. MSGP applicants are encouraged to work with
the Fond du Lac Office of Water Protection in the identification of all proposed
receiving waters.
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Submission of NOI and NOT. Copies of the Notice of Intent (NOI) and Notice of
Termination (NOT) must be sent to the Fond du Lac Office of Water Protection at
the same time they are submitted to EPA.
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Benchmark Monitoring for Turbidity. The Benchmark Monitoring Concentration
(BMC) for Turbidity shall NOT exceed 10% of natural background as determined by
Office of Water Protection staff as measured in NTU.
o. 1 The Effluent Limitations for ALL sectors shall NOT exceed more
Effluent Limitations.
N
than two times (2x) Fond du Lac’s ambient concentrations (based upon 15 years of
monitoring data) for the following:
a) Ammonia
b) Arsenic
Ambient = <3.0 µg/l
c) Chromium
Ambient = <0.8 µg/l
d) Total Phosphorus
Ambient = <0.09 mg/l
e) Total Suspended Solids
Ambient = <16.0 mg/l
f) Zinc
9.5.2.1.5
Ambient = <0.3 mg/l
Ambient = <24.0 mg/l
Outstanding Reservation Resource Waters (ORRW). This Certification does not
pertain to any new discharge to Outstanding Reservation Resource Waters (ORRW)
as described in § 105 b.3. of the Fond du Lac Water Quality Standards (Ordinance
#12/98). Although additional waters may be designated in the future, currently
Perch Lake, Rice Portage Lake, Miller Lake, Deadfish Lake, and Jaskari Lake are
designated as ORRWs. New dischargers wishing to discharge to an ORRW must
obtain an individual permit for storm water discharges.
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9.5.2.1.6
Water Quality Criteria. All industrial activities shall be carried out in such a manner
as will prevent violations of water quality criteria as stated in the Water Quality
Standards of the Fond du Lac Reservation, Ordinance 12/98, as amended. This
includes, but is not limited to, the prevention of any discharge that causes a
condition in which visible solids, bottom deposits, or turbidity impairs the usefulness
of water of the Fond du Lac Reservation for any of the uses designated in the
Water Quality Standards of the Fond du Lac Reservation. These uses include
wildlife, aquatic life, warm and cold water fisheries, subsistence farming (netting),
primary contact recreation, cultural, wild rice areas, aesthetic waters, agriculture,
navigation, and commercial.
9.5.2.1.7
Impacts to cultural sites. This certification does not authorize impacts to cultural,
historical, or archeological features or sites, or properties that may be eligible for
such listing.
9.5.2.1.8
Where to Submit Information. All required or requested documents shall be sent to
the:
Fond du Lac Reservation
Office of Water Protection
1720 Big Lake Road
Cloquet, Minnesota 55720
9.5.2.2
9.5.2.2.1
9.5.2.2.2
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Grand Portage Band of the Minnesota Chippewa Tribe/1
2
The following conditions apply to industrial storm 1
d water discharges into Waters of
e
the Grand Portage Reservation:
ew
Definitions. The definitions set forth in the Grand Portage Water Resources
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Ordinance, as amended, 2
0 ("Water Resources Ordinance") govern these certification
conditions.
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Water Quality Standards. All industrial storm water discharges authorized by this
o.comply with the Grand Portage Water Quality Standards, Applicable
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permit must
Federal Standards, and the Water Resources Ordinance.
9.5.2.2.3
Additional Monitoring. Grand Portage reserves the right to require monitoring of
storm water discharges as determined on a case-by-case basis. If the Grand
Portage Environmental Resources Board ("Board") determines that a monitoring
plan is necessary, the monitoring plan must be prepared and incorporated into the
Storm Water Pollution Prevention Plan ("SWPPP") before the SWPPP is submitted to
the U.S. EPA. Accordingly, the Board must be contacted, at the address listed
below, at the onset of writing the SWPPP.
9.5.2.2.4
Submission of SWPPP, NOI, and NOT. In addition, a copy of the SWPPP, Notice of
Intent ("NOI"), and Notice of Termination (NOT) (collectively the "application") must
be submitted to the Board at least 30 days before submitting the NOI to the U.S.
EPA. Applications should be sent to the address below.
9.5.2.2.5
Additional information. Upon receipt of the application, the Board shall order the
Grand Portage Environmental Department (Department) to conduct a technical
review of the application materials. If necessary, Department staff will send a
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request for additional information to the applicant within 30 days of receipt of the
application.
9.5.2.2.6
Preliminary coverage determination. After considering the application and such
other information and data as the Department staff deems relevant, the
Department Director will evaluate whether there is a reasonable probability that
the proposed activity will violate the Grand Portage Water Quality Standards or
any Applicable Federal Standards and recommend one of the following
preliminary determinations:
•
•
Grant coverage under the MSGP subject to certain conditions; or
•
9.5.2.2.7
Unconditionally grant coverage under the MSGP;
Deny coverage under the MSGP.
Final coverage determination. Within 30 days of the Department Director's
recommendation, the Board will provide public notice of the application for
coverage under the MSGP and the Department Director's recommendations. Upon
request, the Department will schedule a hearing as provided in 40 CFR Part 25. If,
after considering the evidence provided at the hearing and the entire record, the
Board determines by a preponderance of the evidence that the proposed activity
will violate the Grand Portage Water Quality Standards or any Applicable Federal
Standards, the Board shall deny eligibility for coverage under the MSGP, unless
there is a reasonable certainty that compliance can be achieved by the
applicant's adherence to reasonable conditions. If the Board finds insufficient
evidence to show that the proposed activity will violate the Grand Portage Water
Quality Standards or any Applicable Federal Standards, it shall approve coverage
under the MSGP.
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9.5.2.2.8
Appeals. Appeals related to water quality certification decisions or permits will be
heard by the Grand Portage Tribal Court.
9.5.2.2.9
Prohibition of Discharge. The applicant is prohibited from discharging into the
Waters of the Reservation pursuant to the MSGP unless the Board has granted
coverage under the MSGP, or until the applicant has adhered to conditions
required by the Board's conditional grant of coverage.
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9.5.2.2.10 Compliance. The Board retains full authority provided by the Water Resources
Ordinance to ensure compliance with and enforce the provisions of the Water
Resource Ordinance, the Grand Portage Water Quality Standards, Applicable
Federal Standards, and these certification conditions.
9.5.2.2.11 Where to Submit Information. All required or requested information mentioned
above shall be sent to:
Grand Portage Environmental Resources Board
P.O. Box 428
Grand Portage, MN 55605
9.5.3
WIR05I000: Indian country within the State of Wisconsin, except those on Bad River
Band of Lake Superior Tribe of Chippewa Indians lands and on Sokaogon Chippewa
Community lands
No additional requirements.
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Multi-Sector General Permit (MSGP)
Note: Facilities in the Bad River Band of Lake Superior Tribe of Chippewa Indians
land Sokaogon Chippewa Community lands and are not eligible for stormwater discharge
coverage under this permit. Contact the EPA Region 5 office for an individual permit
application.
9.6
EPA Region 6: Arkansas, Louisiana, Oklahoma, Texas, and New Mexico (except see
Region 9 for Navajo lands, and see Region 8 for Ute Mountain Reservation lands).
9.6.1
LAR05I000: Indian country within the State of Louisiana
No additional requirements.
9.6.2
NMR050000: The State of New Mexico, except Indian country
Permittees in New Mexico must also meet the following conditions:
9.6.2.1
Benchmark Monitoring Concentrations. The benchmark values for the indicated
pollutants in the table below must be modified to reflect New Mexico water quality
standards for the facilities in New Mexico, based on benchmark values from the
Standards for Interstate and Intrastate Surface Waters (as approved on June. 5,
2013), 20.6.4.900 NMAC).
MSGP
Benchmark
Pollutant
Ammonia*
2.14 mg/L
No Standard
Biochemical Oxygen Demand
(BOD 5 day)
30 mg/L
No Standard
Chemical Oxygen Demand
(COD)
120 mg/L
Total Suspended Solids
102
-
Turbidity
Nitrate + Nitrite Nitrogen
100 mg/L
. 16
50 NTU
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Lowest New Mexico
Water Quality Standard
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Hardness dependent
value (if appropriate)1
No Standard
Segment specific
Segment specific
0.68 mg/L
132 mg/L
2.0 mg/L
Segment specific
6.0 – 9.0 SU
Segment specific
Aluminum (T) (pH 6.5 – 9)*
0.75 mg/L
--
Antimony (T)
0.64 mg/L
0.006 mg/L
Arsenic (T) (Freshwater)*
0.15 mg/L
0.01 mg/L
Beryllium (T)
0.13 mg/L
0.004 mg/L
Cadmium (T) (Freshwater)*
0.0021 mg/L
--
0.00165 mg/L (acute)
0.00045 mg/L (chronic)
Copper (T)
(Freshwater)*
0.014 mg/L
--
0.013 mg/L (acute)
0.009 mg/L (chronic)
Cyanide (Freshwater)*
0.022 mg/L
0.0052 (WH)
Iron (T)
1.0mg/L
No standard
Lead (Freshwater)*
0.082 mg/L
Magnesium (T)
0.064 mg/L
No standard
Mercury (Freshwater)*
0.0014 mg/L
0.00077 mg/L
Nickel (T) (Freshwater)*
0.47 mg/L
Selenium (T) (Freshwater)* 2
0.005 mg/L
Total Phosphorus
pH
No
3.4 mg/L (acute)
1.37 mg/L (chronic)
0.065 mg/L (acute)
0.003 mg/L (chronic)
0.47 mg/L (acute)
0.052 mg/L (chronic)
0.005 mg/L (WH)
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Multi-Sector General Permit (MSGP)
MSGP
Benchmark
Pollutant
Lowest New Mexico
Water Quality Standard
Hardness dependent
value (if appropriate)1
Silver (Freshwater)*
0.0038 mg/L
0.0032 mg/L (acute)
Zinc (T) (Freshwater)*
0.12 mg/L
0.16 mg/L (acute)
0.121 mg/L (chronic)
* EPA’s Criteria are based on receiving water hardness of 100 mg/L. The facility will need to test their receiving water these
hardness values and use Table 1 in Appendix J of this permit to determine their applicable limit.
1
New Mexico Environment Department’s criteria are listed at a hardness value of 100 mg/L as CaCO3 for comparison to EPA’s
benchmark standard.
2
SO4 dependent
EPA defines saline/salt waters as having salinity concentrations greater than or
equal to 10 parts per thousand 95 percent or more of the time (as discussed on
Page 55 of the permit’s proposed fact sheet). Saltwater values may apply to
certain areas of New Mexico, such as the Pecos Basin below Santa Rosa and the
Rio Grande below Elephant Butte. These values may also apply to waters that are
part of the Colorado River Basin.
New Mexico water quality hardness-based values in the table below replace
values listed in Appendix J and are the applicable benchmark values for New
Mexico in this permit.
All Units
mg/L
25
30
40
50
60
70
80
90
100
200
220
300
400+
*
Acute
Chronic
Acute
Chronic
Acute
Chronic
Acute
Chronic
Acute
Chronic
Acute
Chronic
Acute
Chronic
Acute
Chronic
Acute
Chronic
Acute
Chronic
Acute
Chronic
Acute
Chronic
Acute
Chronic
Aluminum
0.512
0.205
0.658
0.263
0.975
0.391
1.324
0.530
1.699
0.681
2.099
0.841
2.520
1.010
2.961
1.186
3.421
1.370
8.838
3.541
10.071
4.035
10.071
4.035
10.071
4.035
Cadmium
0.00051
0.00017
0.00059
0.00019
0.00076
0.00023
0.00091
0.00028
0.00107
0.00031
0.00122
0.00035
0.00137
0.00039
0.00151
0.00042
0.00165
0.00045
0.00298
0.00075
. 16
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(mg/L, dissolved)
Copper
Lead
0.004
0.014
0.003
0.001
0.004
0.017
0.003
0.001
0.006
0.024
0.004
0.001
0.007
0.03
0.005
0.001
0.008
0.037
0.006
0.001
0.010
0.044
0.007
0.002
0.011
0.051
0.007
0.002
0.012
0.058
0.008
0.002
0.013
0.065
0.009
0.003
0.026
0.14
0.016
0.005
w
vie
0.00421
0.00100
0.00538
122
e
0.038
0.023
0.050
0.029
0.210
0.008
0.280
0.011
6
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Nickel
0.140
0.016
0.170
0.019
0.220
0.024
0.260
0.029
0.300
0.034
0.350
0.038
0.390
0.043
0.430
0.048
0.470
0.052
0.840
0.09
Silver
0.0003
1.190
0.130
1.510
0.170
0.021
0.0004
0.0007
0.0010
0.0013
0.0017
0.0022
0.0027
0.0032
0.011
0.035
Zinc
0.045
0.034
0.054
0.041
0.070
0.053
0.085
0.065
0.101
0.076
0.116
0.088
0.131
0.099
0.145
0.110
0.160
0.121
0.301
0.228
0.435
0.329
0.564
428
*Acute vs. Chronic applicability: Acute numeric standards shall be attained at the "point of discharge" (end-of-pipe) for any
discharge to surface water with a designated aquatic life use. TSS values will be important for any criteria differences between
total and dissolved measurements.
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Multi-Sector General Permit (MSGP)
9.6.2.2
Notice of Termination. Requirements in Part 8 of the this permit, in sectors G (Metal
Mining), H (Coal Mines and Coal Mining-Related Facilities), I (Oil and Gas
Extraction), and J (Non-Metallic Mineral Mining and Dressing), at the Requirements
Applicable to Earth-Disturbing Activities Conducted Prior to Active Mining Activities"
section were made more stringent as to inspection frequencies and timing of
inspections and corrective actions required as a result of a rain event. These
certification requirements will apply to these sectors mentioned in this condition, as
follows:
Permittees can only use the option to "plant the area so that within 3 years the 70%
cover requirement is met" as stated in Part 8.G.4.2.11, Part 8.H.4.2.11, and Part
8.J.4.2.11 of this Permit, in New Mexico as a method for final vegetative stabilization
for purposes of filing a Notice of Termination (NOT) under the following conditions:
If this option is selected, you must notify New Mexico Environment Department
(NMED) at the address listed below at the time the NOT is submitted to EPA. The
information to be submitted includes:
•
A copy of the NOT;
•
Contact information, including individual name or title, address, and phone
number for the party responsible for implementing the final stabilization
measures; and
6
9/1 was
• The date that the permanent vegetative stabilization practice
1
implemented and the projected timeframe that the 70% native vegetative
12/ that if more than three
cover requirements are expected to be met. (Note
ed
years is required to establish 70 percent of the natural vegetative cover, this
w
technique cannot be used or vie for fulfillment of the final stabilization
cited
requirement- you remain4,
2 responsible for establishment of final stabilization.)
0
NMED also requires -1 operators periodically (minimum once/year) inspect and
that
6the area until the criteria for final stabilization, as specified in Part
properly maintain
.1
2.2 of No
the Construction General Permit (CGP), have been met. Operators must
prepare an inspection report documenting the findings of these inspections and
signed in accordance with Appendix B.11. This inspection record must be retained
along with the SWPPP for three years after the NOT is submitted for the site and
additionally submitted to NMED at the address listed below. The inspections must at
a minimum include the following:
•
Observations of all areas of the site disturbed by construction activity;
•
Best Management Practices (BMPs)/post-construction storm water controls must
be observed to ensure they are effective;
•
An assessment of the status of vegetative re-establishment; and
•
Corrective actions required to ensure vegetative success within three years,
and control of pollutants in storm water runoff from the site, including
implementation dates.
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Multi-Sector General Permit (MSGP)
9.6.2.3
Where to Submit Information. All required or requested information mentioned
above shall be sent to:
Program Manager
Point Source Regulation Section
NMED Surface Water Quality Bureau
PO Box 5469
Santa Fe, NM 87502
9.6.3
NMR05I000: Indian country within the State of New Mexico, except Ute Mountain
Reservation lands that are covered under Colorado permit COR05I000 and Navajo
Reservation lands that are covered under Arizona permit AZR05I000
9.6.3.1
Pueblo of Sandia
The following conditions apply only to discharges on the Pueblo of Sandia:
9.6.3.1.1
Submission of NOI. Copies of all Notices of Intent (NOI) submitted to the EPA must
also be sent concurrently to the Pueblo of Sandia Environment Department.
Discharges are not authorized by this permit unless an accurate and complete NOI
has been submitted to the Pueblo of Sandia.
9.6.3.1.2
SWPPP Availability. The Stormwater Pollution Prevention Plan (SWPPP) must be
available to the Pueblo of Sandia Environment Department either electronically or
hard copy upon request for review. Failure to provide a SWPPP to the Pueblo of
Sandia Environment Department may result in denial of the water quality
certification.
9.6.3.1.3
9.6.3.1.4
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SWPPP Amendments. Any Stormwater Pollution Prevention Plan (SWPPP)
modification, update or amendment shall be submitted to the Pueblo of Sandia
Environment Department either electronically or hard copy within seven (7)
calendar days of its finalization. Failure to provide a SWPPP to the Pueblo of Sandia
Environment Department may result in denial of the water quality certification.
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Submission of Monitoring Data. All monitoring and analytical data (e.g., Discharge
Monitoring Reports (DMRs), follow-up monitoring reports, Exceedance Reports for
Numeric Effluent Limits, etc.) submitted to the EPA must also be sent concurrently to
the Pueblo of Sandia Environment Department.
9.6.3.1.5
Submission of Annual Reports. Copies of all Annual Reports submitted to the EPA
must also be sent concurrently to the Pueblo of Sandia Environment Department.
Discharges are not authorized by this permit unless an accurate and complete
Annual Report has been submitted to the Pueblo of Sandia.
9.6.3.1.6
Submission of Quarterly Visual Assessments. Copies of all “Quarterly Visual
Assessments” (Part 3.2) must be submitted either electronically or hard copy to the
Pueblo of Sandia Environment Department within seven (7) calendar days.
9.6.3.1.7
Submission of Corrective Action Documentation. Copies of all “Corrective Action
Documentation” (Part 4.4) must be submitted electronically or hard copy to the
Pueblo of Sandia Environment Department within seven (7) calendar days.
9.6.3.1.8
Additional Reporting. Any notice of release of oils or hazardous substances shall be
submitted to the Pueblo of Sandia Environment Department within twenty-four (24)
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Multi-Sector General Permit (MSGP)
hours of becoming aware of the situation or circumstance, followed by the
reporting requirements of 40 CFR 110, 40 CFR 300, and 40 CFR 302 relating to spills or
other releases of oil or hazardous substances. The permittee must also telephone
the Pueblo of Sandia Environment Department at (505) 867-4533 of any nonemergency spills or unauthorized discharges that may affect drinking water
supplies, ceremonial and recreational surface waters, elicit fish kills, harm wildlife or
endangered and threatened species, or endanger human health or the
environment within eight (8) hours of becoming aware of the situation or
circumstance, followed by the written report when it is sent to the EPA.
9.6.3.1.9
Authorization to Inspect. If requested by the Pueblo of Sandia Environment
Department, the permittee must allow the Pueblo of Sandia to perform its own
routine or compliance inspection to ensure the permittee is in compliance and any
discharge is not contributing to a violation of the permit and the Pueblo of Sandia’s
Water Quality Standards.
9.6.3.1.10 Water Quality Standards. If requested by the Pueblo of Sandia Environment
Department, the permittee shall provide additional information necessary for a
“case by case” eligibility determination to assure compliance with the Pueblo of
Sandia’s Water Quality Standards. *Note: Upon receipt of a determination by the
Pueblo of Sandia that discharges from a permittee under this general permit have
reasonable potential to be causing or contributing to a violation of the Pueblo of
Sandia’s Water Quality Standards, EPA Region 6 would be notified. EPA Region 6
would then notify the permittee to either improve their Stormwater Pollution
Prevention Plan (SWPPP) to achieve compliance with the Pueblo of Sandia’s Water
Quality Standards or have the permittee apply for and obtain an individual NPDES
permit for these discharges per CFR 122.28(B)(3).
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9.6.3.1.11 Alternative Permit. Any industry discharging to waters of the United States that has
been designated by the EPA or the Pueblo of Sandia as impaired or degraded
water shall not be covered under this general permit but will be required to obtain
an individual permit.
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9.6.3.1.12 Submission of NOT. Before submitting a Notice of Termination (NOT), permittees
must clearly demonstrate to the Pueblo of Sandia Environment Department
through a site visit or documentation that requirements for site stabilization have
been met and any degradation has been mitigated. A short letter stating the
stabilization requirements have been met will be sent to the permittee. Upon
receipt the permittee may apply for an NOT to the EPA. Copies of the NOT
submitted to the EPA must also be sent concurrently to the Pueblo of Sandia
Environment Department.
9.6.3.1.13 Where to Submit Information. All required or requested information mentioned
above shall be sent to:
•
Regular U.S. Delivery Mail:
Pueblo of Sandia Environment Department
Attention: Scott Bulgrin, Water Quality Manager
481 Sandia Loop
Bernalillo, New Mexico 87004
•
Or Electronically to: sbulgrin@sandiapueblo.nsn.us
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Multi-Sector General Permit (MSGP)
9.6.3.2
Pueblo of Santa Clara.
The following condition applies only to discharges on the Santa Clara Indian
Pueblo:
9.6.3.2.1
Submission of NOI and NOT. The Notice of Intent (NOI) and Notice of Termination
(NOT) must be provided to the Santa Clara Pueblo Governor’s Office at the same
time it is provided to EPA.
9.6.3.2.2
SWPPP Availability. A copy of the Stormwater Pollution Prevention Plan must be
made available to the Pueblo of Santa Clara staff upon request.
9.6.3.2.3
Where to Submit Information. All required or requested documents shall be sent to
the:
Santa Clara Pueblo
Governor’s Office
P.O. Box 580
Espanola, NM 87532
9.6.4
OKR05I000: Indian country within the State of Oklahoma
9.6.4.1
Certification Requirements. In accordance with Oklahoma’s Water Quality
Standards (OAC 785:45-5-25) certification is denied for any new or proposed
discharges located within the watershed of any part of the Oklahoma Scenic Rivers
system, including the Illinois River, Flint Creek, Barren Fork Creek, Upper Mountain
Fork Creek, Little Lee Creek, Big Lee Creek or to any water designated as an
Outstanding Resource Water (ORW). Existing discharges of stormwater in these
watersheds may be permitted under this permit only from point sources existing as
of June 25, 1992, whether or not such stormwater discharges were permitted as
point sources prior to June 25, 1992. For any such existing discharge, increased load
of any pollutant above levels of June 25, 1992 is prohibited.
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o. 1of facilities within the watershed of any part of the Oklahoma
Note: N
Operators
Scenic Rivers system must contact the EPA Region 6 office for an individual permit
application.
9.6.5
OKR05F000: Facilities in the State of Oklahoma not under the jurisdiction of the
Oklahoma Department of Environmental Quality or the Oklahoma Department of
Agriculture, Food and Forestry, except those on Indian Country. EPA jurisdiction
facilities include SIC Codes 1311, 1381, 1382, 1389, and 5171
9.6.5.1
Certification Requirements. In accordance with Oklahoma’s Water Quality
Standards (OAC 785:45-5-25), Certification is denied for any new or proposed
discharges located within the watershed or any part of the Oklahoma Scenic Rivers
system, including the Illinois River, Flint Creek, Barren Fork Creek, Upper Mountain
Fork River, Little Lee Creek, Big Lee Creek or to any water designated as an
Outstanding Resource Water (ORW). Existing discharges of stormwater in these
watersheds may be permitted under this permit only from point sources existing as
of June 25, 1992, whether or not such stormwater discharges were permitted as
point sources prior to June 25, 1992. For any such existing discharge, increased load
of any pollutant above levels of June 25, 1992 is prohibited.
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Multi-Sector General Permit (MSGP)
Note: Operators of facilities within the watershed of any part of the Oklahoma
Scenic Rivers system must contact the EPA Region 6 office for an individual permit
application.
9.6.6
TXR05F000: Facilities in the State of Texas not under the jurisdiction of the Texas
Commission on Environmental Quality, except those on Indian Country. EPAjurisdiction facilities include SIC Codes 1311, 1321, 1381, 1382, and 1389 (other than
oil field service company “home base” facilities)
No additional requirements.
9.6.7
TXR05I000: Indian country within the State of Texas
No additional requirements.
9.7
EPA Region 7: Iowa, Kansas, Missouri, Nebraska (except see Region 8 for Pine Ridge
Reservation Lands).
9.7.1
IAR05I000: Indian country within the State of Iowa
No additional requirements.
9.7.2
KSR05I000: Indian country within the State of Kansas
6
9/1Pine Ridge
NER05I000: Indian country within the State of Nebraska, 1
except
Reservation lands (see Region 8)
2/
d1
No additional requirements.
e
ew South Dakota, Wyoming, Utah
EPA Region 8: Colorado, Montana, North Dakota,
, vi
(except see Region 9 for Goshute Reservation and Navajo Reservation Lands), the
024
Ute Mountain Reservation in NM, and the Pine Ridge Reservation in NE.
6-1
COR05F000: Areas in the State of Colorado, except those located on Indian
country, subject to industrial activity by a Federal Operator
o. 1
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No additional requirements.
9.7.3
9.8
9.8.1
No additional requirements.
9.8.2
COR05I000: Indian country within the State of Colorado, as well as the portion of the
Ute Mountain Reservation located in New Mexico
No additional requirements
9.8.3
MTR05I000: Indian country within the State of Montana
No additional requirements.
9.8.4
NDR05I000: Indian country within the State of North Dakota, as well as that portion of
the Standing Rock Reservation located in South Dakota (except for the portion of
the lands within the former boundaries of the Lake Traverse Reservation which is
covered under South Dakota permit SDR05I000 listed below)
No additional requirements.
9.8.5
SDR05I000: Indian country within the State of South Dakota, as well as the portion of
the Pine Ridge Reservation located in Nebraska and the portion of the lands within
the former boundaries of the Lake Traverse Reservation located in North Dakota
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Multi-Sector General Permit (MSGP)
(except for the Standing Rock Reservation which is covered under North Dakota
permit NDR05I000 listed above)
No additional requirements.
9.8.6
UTR05I000: Indian country within the State of Utah, except Goshute and Navajo
Reservation lands (see Region 9)
No additional requirements.
9.8.7
WYR05I000: Indian country within the State of Wyoming
No additional requirements.
9.9
EPA Region 9: California, Hawaii, Nevada, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Confederated Tribes of the
Goshute Reservation in Utah and Nevada, Indian Country within the State of Arizona
including the Navajo Reservation in Utah and New Mexico and Arizona, the Duck
Valley Reservation in Idaho, and the Fort McDermitt Reservation in Oregon.
9.9.1
ASR050000: American Samoa
No additional requirements.
6
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9.9.2
AZR05I000: Indian country within the State of Arizona, including Navajo Reservation
lands in New Mexico and Utah
9.9.2.1
Hualapai Tribe
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The following condition applies only to discharges on the Hualapai Tribe:
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9.9.2.1.1
Submission of NOI and SWPPP. All Notices of Intent (NOI) for proposed stormwater
discharges under this permit and all Stormwater Pollution Plans (SWPPPs) for
stormwater discharges on Hualapai Tribal lands shall be submitted to the Water
Resource Program through the Tribal Chairwoman for review and approval.
9.9.2.1.2
Where to Submit Information. All required or requested documents shall be sent to:
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Water Resource Program through the Tribal Chairwoman
P.O. Box 179
Peach Springs, AZ 86434
9.9.2.2
Navajo Nation
The following conditions apply only to discharges on the Navajo Nation:
9.9.2.2.1
Submission of NOI and SWPPP. Courtesy copies of Notices of Intent (NOI) and
Stormwater Water Pollution Plans (SWPPPs) shall be made available to Navajo EPA
for facilities located on Navajo lands.
9.9.2.2.2
Submission of Monitoring Data. Copies of all monitoring reports must be provided to
Navajo EPA for facilities located on Navajo lands.
9.9.2.2.3
Authorization to Inspect. Facilities located on Navajo lands and covered under this
permit will be subject to compliance inspections by Navajo EPA staff with active
Federal Inspector Credentials under authority of the Clean Water Act.
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Multi-Sector General Permit (MSGP)
9.9.2.3
White Mountain Apache Tribe
The following condition applies only to discharges on the White Mountain Apache
Tribe:
9.9.2.3.1
Submission of SWPPP. The Storm Water Pollution Prevention Plan (SWPPP) must be
available to the White Mountain Apache Water Resources Programs either
electronically or hard copy upon request for review before a Notice of Intent (NOI)
for comments from the White Mountain Apache Water Resources Programs. Failure
to provide a SWPPP to the White Mountain Apache Water Resources Programs may
result in denial of the water quality certification.
9.9.2.3.2
Submission of NOI. Copies of all Notices of Intent (NOI)) submitted to the EPA must
also be sent concurrently to the White Mountain Apache Water Resources
Programs. Discharges are not authorized by this permit unless an accurate and
complete NOI has been submitted to the White Mountain Apache Tribe.
9.9.2.3.3
SWPPP Modification. Any Storm Water Pollution Prevention Plan (SWPPP)
modification, update or amendment shall be submitted to the White Mountain
Apache Water Resources Programs either electronically or hard copy within seven
(7) calendar days of its finalization. Failure to provide a SWPPP to the White
Mountain Apache Water Resources Programs may result in denial of the water
quality certification.
9.9.2.3.4
9.9.2.3.5
9.9.2.3.6
16
9/data (e.g. Discharge
1
Submission of Monitoring Data. All monitoring and analytical
12/ Exceedance Reports for
Monitoring Reports (DMRs), follow-up monitoring reports,
ed
Numerical Effluent Limits, etc.) submitted to EPA must also be sent concurrently to
w
the White Mountain Apache Water ie
v Resources Programs.
24,
Submission of Annual Reports. Copies of all Annual Reports submitted to the EPA
0
must also be sent concurrently to the White Mountain Apache Water Resources
6-1 not authorized by this permit unless an accurate and
Programs. Discharges are
complete Annual Report has been submitted to the White Mountain Apache Tribe.
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Submission of Quarterly Visual Assessments. Copies of all "Quarterly Visual
Assessments" (Part 3.2) must be submitted either electronically or hard copy to the
White Mountain Apache Water Resources Programs within seven (7) calendar
days.
9.9.2.3.7
Submission of Corrective Action Documentation. Copies of all "Corrective Action
Documentation" (Part 4.4) must be submitted either electronically or hard copy to
the White Mountain Apache Water Resources Programs within seven (7) calendar
days.
9.9.2.3.8
Additional Reporting. Any notice of release of oils or hazardous substances shall be
submitted to the White Mountain Apache Water Resources Programs within twentyfour (24) hours of becoming aware of the situation or circumstance, followed by
the reporting requirements of 40 CFR 110, 40 CFR 300, and 40 CFR 302 relating to
spills or other releases of oils or hazardous substances. The permittee must also
telephone the White Mountain Apache Water Resources Programs at (928) 3384267 of any non-emergency spills or unauthorized discharge that may affect
drinking water, supplies, ceremonial and recreational surface waters, elicit fish kills,
harm wildlife or endangered and threaten species, or endanger human health or
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Multi-Sector General Permit (MSGP)
the environment within eight (8) hours of becoming aware of the situation or
circumstance, followed by a written report when it is sent to the EPA.
9.9.2.3.9
Authorization to Inspect. If requested by the White Mountain Apache Water
Resources Programs, the permittee must allow the White Mountain Apache Tribe to
perform its own routine or compliance inspection to ensure the permittee is in
compliance and any discharge is not contributing to a violation of the permit and
the White Mountain Apache Tribe's Water Quality Standards.
9.9.2.3.10 Water Quality Standards. If requested by the White Mountain Apache Water
Resources Programs, the permittee shall provide additional information necessary
for a "case by case" eligibility determination to assure compliance with the White
Mountain Apache Tribe's Water Quality Standards. *Note: Upon receipt of a
determination by the White Mountain Apache Tribe that discharges from a
permittee under this general permit have reasonable potential to be causing or
contributing to a violation of the White Mountain Apache Tribe's Water Quality
Standards, EPA Region 9 would be notified. EPA Region 9 would then notify the
permittee to either improve their Stormwater Pollution Prevention Plan (SWPPP) to
achieve compliance with the White Mountain Apache Tribe's Water Quality
Standards or have the permittee apply for and obtain an individual NPDES permit
for those discharges per CFR 122.28 (B)(3).
6
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9.9.2.3.11 Alternative Permit. Any industry discharging into waters of the United States that has
been designated by the EPA or the White Mountain Apache Tribe as impaired or
degraded water shall not be covered under this general permit but will be required
to obtain an individual permit.
2
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9.9.2.3.12
w
vie Notice of Termination (NOT), permittees
Submission of NOT. Before submitting a
,
must clearly demonstrate 24 White Mountain Apache Water Resources
to the
0
Programs through a site visit or documentation that requirements for site
6-1 met and any degradation has been mitigated. A short
stabilization have been
.1
letter stating the stabilization requirements have been met will be sent to the
oUpon receipt the permittee may apply for an NOT to the EPA. Copies of
N
permittee.
the NOT submitted to the EPA must also be sent concurrently to the White Mountain
Apache Water Resources Programs.
9.9.2.3.13 Where to Submit Information. All required or requested information mentioned
above shall be sent to:
•
Regular U.S. Delivery Mail:
White Mountain Apache Tribe Water Resources Programs
Attention: Tara Chief, Water Quality Officer
P.O. Box 816
Fort Apache, AZ 85926
•
Or Electronically to: tarachief@wmat.us
9.9.3
CAR05I000: Indian country within the State of California
9.9.3.1
Hoopa Valley Tribe
The following conditions apply only to discharges on the Hoopa Valley Tribe:
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Multi-Sector General Permit (MSGP)
9.9.3.1.1
Submission of NOI. All Notices of Intent (NOI) submitted for stormwater discharges
under the general permits in Hoopa Valley Indian Reservation (HVIR) shall be
submitted to the Tribal Environmental Protection Agency (TEPA).
9.9.3.1.2
Submission of SWPPP. All Stormwater Pollution Plans (SWPPPs) for stormwater
discharge in HVIR shall be submitted to TEPA for review and approval.
9.9.3.2
Twenty-Nine Palms Band of Mission Indians
The following conditions apply only to discharges on the Twenty-Nine Palms Band of
Mission Indians:
9.9.3.2.1
Submission of Monitoring Data. The Twenty-Nine Palms Tribal Water Quality
Standards require that routine monitoring be performed quarterly at each sampling
site. Additional special monitoring requirements include: a) Sampling following a
significant storm event; and b) Sampling in the event of an accidental spill.
Monitoring results for discharges into Twenty-Nine Palms Tribal waters must be
reported to Twenty-Nine Palms Tribal EPA.
9.9.3.2.2
Certification. Certification does not relieve the applicant of the responsibility to
comply with applicable local, state, or federal regulations or statutes, including
regulations affecting any discharge into waters of the U.S. Copies of this
certification shall be kept on the job site and readily available for reference by
tribal members and tribal representatives. If the project is operated in a manner not
consistent with the MSGPs, the permittee will be in violation of this certification.
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9.9.3.2.3
9.9.3.2.4
2
d 1precautions must be taken to
e
Pollution Prevention. All practicable measures and
ew
prevent pollution affecting public health, fish, shellfish, wildlife, and recreation due
vi
to turbidity, pH, temperature, nutrients, suspended solids, floating debris, visible oil
,entering tribal waters, including wetlands.
and grease, or other pollutants
024
-1
Spills or Leaks.16
All equipment operated within any tribal waters must be cleaned
away from the tribal waters and maintained to prevent fuel and oil leaks. These
o. but are not limited to: offsite/ upland fuel and oil storage and
N
methods include,
refueling areas, on-site spill containment equipment, a spill contingency plan, and
spill prevention/contaminant training for on-site personnel. Should a spill of
petroleum products or chemicals occur, immediately call the National Response
Center at (800) 424-8802 and the Tribal Environmental Protection Agency at (760)
398-6767.
9.9.3.2.5
Ground Disturbance. Ground disturbance shall not exceed the minimum necessary.
9.9.3.2.6
Minimizing Adverse Impacts. All projects using the MSGP must avoid discharges to
the maximum extent practicable, and utilize the best available and practicable
means of minimizing the adverse impact of discharges that cannot be avoided.
9.9.4
GUR050000: Island of Guam
No additional requirements.
9.9.5
JAR050000: Johnston Atoll
No additional requirements.
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Multi-Sector General Permit (MSGP)
9.9.6
MWR050000: Midway Island and Wake Island
No additional requirements.
9.9.7
MPR050000: Commonwealth of the Northern Mariana Islands
No additional requirements.
9.9.8
NVR05I000: Indian country within the State of Nevada, including the Duck Valley
Reservation in Idaho, the Fort McDermitt Reservation in Oregon and the
Confederated Tribes of the Goshute Reservation in Utah
No additional requirements.
9.10
Region 10: Alaska, Idaho (except see Region 9 for Duck Valley Reservation lands),
Oregon (except see Region 9 for Fort McDermitt Reservation), Washington.
9.10.1
AKR05F000: Areas in the Denali National Park and Preserve subject to industrial
activity by a Federal Operator
No additional requirements.
9.10.2
AKR05I000: Indian country lands within the State of Alaska
No additional requirements.
9.10.3
9.10.3.1
6
9/1 For the
1
Permittees in the State of Idaho must meet the following conditions.
complete text of Idaho’s certification including the full anti-degradation analysis,
12/
please visit the IDEQ website at http://www.deq.idaho.gov/media/60177118/multied
w
sector-general-permit-401-certification.pdf.
vie
New or Expanding Discharges. New dischargers or existing dischargers wishing to
24, waters are only eligible for coverage under
expand their discharge0 high-quality
6-1 to
the MSGP if the discharger establishes, to the satisfaction of EPA and DEQ, that the
new or expanded discharge will not result in an increase in the concentration of
o. 1 to the use for which the water is considered high quality, or that
N
pollutants relevant
IDR050000: The State of Idaho, except Indian country lands
the increase constitutes insignificant degradation as defined in the WQS (IDAPA
58.01.02.052.08.a).
A new discharger or an existing discharger wishing to expand must include an
analysis regarding whether the new or expanded discharge will cause an increase
in the pollutants relevant to the use for which the water is considered high quality,
and if there is an increase, whether that increase constitutes insignificant
degradation in the NOI, or in the planned changes report. These NOIs and planned
changes reports must be submitted to both EPA and DEQ.
If DEQ determines the new discharge or planned changes of an existing discharger
will result in significant degradation, the permittee will need to obtain DEQ’s
approval of an alternatives analysis (IDAPA 58.01.02.052.08.c), a socioeconomic
justification (IDAPA 58.01.02.052.08.d) and information regarding other source
controls (IDAPA 59.01.02.052.08.b).
9.10.3.2
Follow-up Monitoring for Benchmark Concentrations. If all four quarterly samples do
not exceed the benchmark, the permittee is not required to conduct any
additional quarterly monitoring for that parameter. If any of the four quarterly
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Multi-Sector General Permit (MSGP)
samples exceed the benchmark, then the permittee must follow the additional
requirements in Section 6.2.1.2 of the MSGP, with the following modifications:
•
If the permittee elects to make any necessary modifications and continue
quarterly monitoring, such monitoring must occur until the results from all
four consecutive quarterly samples are below the benchmark.
9.10.3.3
Monitoring of Discharges to Impaired Waters. To determine the support status of the
affected water body, persons filing a Notice of Intent (NOI) for coverage under this
general permit must use the most current EPA Integrated Report, available on
Idaho DEQ’s website: http://www.deq.idaho.gov/water-quality/surfacewater/monitoring-assessment/integrated-report/. DEQ’s webpage also has a link to
the state’s map-based Integrated Report which presents information from the
Integrated Report in a searchable, map-based format:
http://www.deq.idaho.gov/assistance-resources/maps-data For water bodies
included on the states 303(d) list (Category 5 of the Integrated Report), identified
as “cause unknown”, the permittee must monitor for the pollutants listed in the
cause comments section of the report (e.g., nutrients, metals, pesticides).
9.10.3.4
Stormwater Pollution Prevention Plan (SWPPP) Availability. If requested by Idaho
Department of Environmental Quality (DEQ), the permittee must submit a copy of
the SWPPP to DEQ within fourteen (14) days of the request.
9.10.3.5
6
9/1Copies of the
Submission of NOIs, Monitoring Data, and Additional Reporting.
1
following information must be sent to the appropriate DEQ regional office at the
12/
same time it is submitted to EPA:
ed
w
• NOIs and NOTs;
vie to Part 6 of the MSGP, well as any
• Monitoring data collected pursuant
,
additional monitoring data required by this Part;
24required by Part 6.3;
0
• Exceedance Reports as
6-1 Reports
• Planned 1
. Changes
No
Both monitoring data and exceedance reports must be sent to the appropriate
DEQ regional office with thirty (30) days of receipt of analytical results. DEQ
Regional Office contact information is listed in Table 9.10.3.5.1.
Table 9.10.3.5.1: Idaho Regional Office contact information
Regional Office
Address
Phone
Boise
1445 N. Orchard Rd, Boise 83706
208-373-0550
Coeur d’Alene
Idaho Falls
Lewiston
2110 Ironwood Parkway, Coeur d’Alene 83814
900 N. Skyline, Ste B, Idaho Falls 83402
1118 “F” St., Lewiston 83501
208-769-1422
208-528-2650
208-799-4370
Pocatello
444 Hospital Way, Pocatello 83201
208-236-6160
Twin Falls
State Office
650 Addison Ave., W., Ste 110, Twin Falls 83301
1410 N. Hilton Rd., Boise 83706
208-736-2190
208-373-0574
9.10.3.6
Email
kati.carberry@deq.idaho.gov
lance.holloway@deq.idaho.gov
june.berquist@deq.idaho.gov
troy.saffle@deq.idaho.gov
cynthia.barrett@deq.idaho.gov
lynn.vanevery@deq.idaho.gov
greg.mladenka@deq.idaho.gov
balthasar.buhidar@deq.idaho.gov
nicole.deinarowicz@deq.idaho.gov
Benchmark Monitoring for Arsenic and Selenium. The benchmark values for arsenic
and selenium are equal to 0.15 mg/L and 0.005 mg/L, respectively. These values are
equivalent to Idaho’s chronic water quality criteria. Given that storms are discrete
events of relatively short duration, DEQ believes it is more appropriate to use the
acute water quality criteria as benchmark values. Therefore, the benchmark value
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Multi-Sector General Permit (MSGP)
for arsenic and selenium can be set equal to 0.34 mg/L and 0.02 mg/L,
respectively, and still comply with Idaho WQS.
9.10.3.7
Additional Conditions Applicable to Sector L (Landfills, Land Application Sites and
Open Dumps). Stormwater entering a landfill must be managed as leachate,
including run off from areas that have received daily cover which may have
contacted waste material, and thus is not eligible for coverage under the MSGP
(See 40 CFR 258.26(a)(2); Municipal Solid Waste Landfill Criteria Technical Manual,
EPA 530-R-93-017, 1998). Stormwater from a closed landfill or from areas of the
landfill that have received final cover is not leachate, and may be covered under
the MSGP.
9.10.3.8
Additional Reporting of Discharges Containing Hazardous Materials or Petroleum
Products. Any unauthorized discharges containing hazardous materials or
petroleum products must be reported to the Idaho State Communications Center
by calling 1-800-632-8000 or 208-846-7610.
Spills must also be reported to the appropriate DEQ Regional Office (Table
9.10.3.5.1). Spills of petroleum products that exceed 25 gallons or that cause a
visible sheen on nearby surface waters should be reported to DEQ within 24 hours.
Petroleum product spills of less than 25 gallons or spills that do not cause a sheen on
nearby surface waters must only be reported to DEQ if clean-up cannot be
accomplished within 24 hours (IDAPA 58.01.02.850, 58.01.02.851, 58.01.02.852).
2
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9.10.3.9
Numeric Effluent Limitations and Benchmark Monitoring for pH. The MSGP includes a
pH range of 6.0 – 9.0 standard units, which does not comply with Idaho WQS
(IDAPA 58.01.02.250.01.a). Therefore, numeric effluent limitations and benchmark
monitoring concentrations for pH shall be 6.5 – 9.0 standard units.
9.10.3.10
Numeric Effluent Limitations for Total Arsenic and Total Zinc. The MSGP includes a
total arsenic effluent limitation (Sector K) of 1.1 mg/L, which exceeds Idaho’s acute
and chronic criteria of 0.34 mg/L and 0.15 mg/L, respectively. Given that storms are
discrete events of relatively short duration, DEQ believes it is more appropriate to
use the acute water quality criteria as benchmark values; therefore DEQ requires
the total arsenic effluent limit to be set equal to Idaho’s acute criterion of 0.34 mg/L.
102
6-
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4
The MSGP includes a monthly average maximum numeric effluent limit for zinc of
0.296 mg/L (Sector K), which will only comply with water quality standards when
hardness is greater than 290 mg/L. Similarly, the maximum daily limit and the
monthly average maximum limit for zinc is 0.2 mg/L and 0.11 mg/L, respectively
(Sector L); these limits do not generally comply with WQS when hardness values for
the receiving water are less than 130 mg/L and 85 mg/L, respectively. Therefore,
DEQ requires that the total zinc numeric effluent limit be equal to the acute water
quality criterion of 0.12 mg/L.
9.10.4
IDR05I000: Indian country lands within the State of Idaho, except Duck Valley
Reservation lands, which are covered under Nevada permit NVR05I000
9.10.4.1
Shoshone-Bannock Tribes
The following conditions apply only to discharges to waters of the ShoshoneBannock Tribes:
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Multi-Sector General Permit (MSGP)
9.10.4.1.1 Submission of NOI, Monitoring Data, and Reports. Copies of the Notices of Intent
(NOI), Monitoring data collected pursuant to section 6.2 of this permit, and
Exceedance Reports must be sent to the Shoshone-Bannock Tribes Water
Resources Department (SBT-WRD). The monitoring data and exceedance reports
must be sent to the SBT-WRD within thirty (30) days of receipt of analytical results.
9.10.4.1.2 Submission of SWPPP. If requested by the SBT-WRD, the permittee must submit a
copy of the SWPPP to SBT-WRD within fourteen (14) days of the request.
9.10.4.1.3 Where to Submit Information. All required or requested documents shall be sent to:
Shoshone-Bannock Tribes Water Resources Department
P.O. Box 306 Pima Drive
Fort Hall, ID 83203
Phone: (208) 239-4582
Fax: (208) 239-4592
9.10.5
ORR05I000: Indian country lands within the State of Oregon, except Fort McDermitt
Reservation lands, which are covered under Nevada permit NVR05I000
9.10.5.1
Confederated Tribes of the Umatilla Indian Reservation
6
9/1
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Water Quality Standards. The operator shall be responsible for achieving
12Indian Reservation’s (CTUIR)
compliance with Confederated Tribes of the Umatilla
ed
Water Quality Standards.
w
vie a copy of the Notice of Intent (NOI to
Submission of NOI. The operator shall submit
4,
be covered by this permit2 the CTUIR Water Resources Program at the address
to
0
below, at the same time it is submitted to EPA.
6-1
Submission . SWPPP. The operator shall be responsible for submitting all Stormwater
oof 1 Plans (SWPPPs) required under this general permit to the CTUIR
N
Pollution Prevention
Projects located within the exterior boundaries of the Umatilla Indian Reservation
must meet the following conditions:
9.10.5.1.1
9.10.5.1.2
9.10.5.1.3
Water Resources Program for review and determination that the SWPPP is sufficient
to meet Tribal Water Quality Standards, prior to the beginning of any discharge
activities taking place.
9.10.5.1.4 Additional Reporting. The operator shall be responsible for reporting an
exceedance to Tribal Water Quality Standards to the CTUIR Water Resources
Program at the same time it is reported to EPA.
9.10.5.1.5
Additional Requirements for Historic Properties Preservation. The applicant shall submit
copies of each NOI to the CTUIR Tribal Historic Preservation Office (THPO). The NOI shall
define the undertaking’s area of potential effect (APE). This information will be used to
determine whether or not the undertaking has the potential to affect historic
properties. To be in compliance with the NHPA and be eligible for coverage under this
permit, the operator must meet the following criteria:
•
The THPO will be provided 30 days to comment on the APE as defined in the
permit application.
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Multi-Sector General Permit (MSGP)
•
If the project is an undertaking, a cultural resource investigation must occur. All
fieldwork must be conducted by qualified personnel (as outlined by the
Secretary of Interior’s Standards and Guidelines) and documented using
Oregon Reporting Standards. The resulting report must be submitted to the
THPO and the THPO must concur with the findings and recommendations
before any ground disturbing work can occur. The THPO requires 30 days to
review all reports.
•
The operator must obtain THPO concurrence in writing. If historic properties are
present, this written concurrence will outline measures to be taken to prevent or
mitigate effects to historic properties.
9.10.5.1.6 Where to Submit Information. The NOI, SWPPP, and reports must be sent to:
Confederated Tribes of the Umatilla Indian Reservation
Water Resources Program
46411 Timine Way
Pendleton, OR 97801
(541) 966-2420
All required Historic Properties Preservation information must be sent to:
6
9/1
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Confederated Tribes of the Umatilla Indian Reservation
Cultural Resources Protection Program
Tribal Historic Preservation Office
46411 Timine Way
Pendleton, OR 97801
(541) 429-7234
2
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9.10.5.2
9.10.5.2.1
w
vie Indian Reservation
Confederated Tribes of the Warm Springs
24, projects within the exterior boundaries of the
0
The following conditions apply for
Warm Springs Indian Reservation:
6-1
o. 1
WaterN
Quality Standards. The operator shall be responsible for achieving
compliance with the Confederated Tribes of the Warm Springs Indian Reservation's
Water Quality Standards. (Tribal Ordinance 80).
9.10.5.2.2 Submission of NOI. The operator shall submit a copy of the Notice of Intent (NOI) to
be covered by this permit to the Tribes' Environmental Office at the address below,
at the same time it is submitted to EPA.
9.10.5.2.3 Submission of SWPPP. The operator shall be responsible for filing all Stormwater
Pollution Prevention Plans (SWPPP) required under this permit to the Tribes'
Environmental Office for review and determination that the SWPPP is sufficient to
meet Tribal Water Quality Standards, prior to the beginning of any discharge
activities taking place.
9.10.5.2.4 Additional Reporting. The operator shall be responsible for reporting an
exceedance to Tribal Water Quality Standards to the Tribes' Environmental Office at
the same time it is reported to EPA.
9.10.5.2.5 Tribal Cultural Resources. The applicant shall submit copies of each NOI to the Tribal
Historic Preservation Office (THPO). The NOI shall define the undertaking's area of
potential effect (APE). This information will be used to determine whether or not the
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Multi-Sector General Permit (MSGP)
undertaking has the potential to affect historic properties. To be in compliance with
the NHPA and be eligible for coverage under this permit, the operator must meet
the following criteria:
•
The THPO will be provided 30 days to comment on the APE as defined in the
permit application.
•
If the project is an undertaking, a cultural resource investigation must occur. All
fieldwork must be conducted by qualified personnel (as outlined by the
Secretary of Interior's Standards and Guidelines). The resulting report must be
submitted to the THPO and the THPO must concur with the findings and
recommendations before any ground disturbing work can occur. The THPO
requires 30 days to review all reports.
•
The operator must obtain THPO concurrence in writing. If historic properties are
present, this written concurrence will outline measures to be taken to prevent or
resolve effects to historic properties.
9.10.5.2.6 Where to Submit Information. All required or requested documents shall be sent to:
Confederated Tribes of Warm Springs
Branch of Natural Resources
Tribal Environmental Office
P.O. Box C
Warm Springs
Oregon, 97761
541-553-2002
9.10.6
9.10.6.1
9.10.6.2
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iew
vReservation
Confederated Tribes of the Colville
24,
0
No Additional Requirements.
6-1
Lummi Nation 1
o. conditions apply only to discharges within the Lummi Nation:
N
The following
WAR05I000: Indian country lands within the State of Washington
9.10.6.2.1 Certification. This certification does not exempt and is provisional upon compliance
with other applicable statutes and codes administered by federal and Lummi tribal
agencies. Pursuant to Lummi Code of Laws (LCL) 17.05.020(a), the operator must
also obtain a land use permit from the Lummi Planning Department as provided in
Title 15 of the Lummi Code of Laws and regulations adopted thereunder.
9.10.6.2.2 Submission of SWPPP. Pursuant to LCL 17.05.020, each operator shall develop and
submit a Storm Water Pollution Prevention Plan to the Lummi Water Resources
Division for review and approval by the Water Resources Manager prior to
beginning any discharge activities.
9.10.6.2.3 Water Quality Standards. Pursuant to LCL Title 17, each operator shall be responsible
for achieving compliance with the Water Quality Standards for Surface Waters of
the Lummi Indian Reservation (Lummi Administrative Regulations [LAR] 17 LAR
07.010 through 17 LAR 07.210).
9.10.6.2.4 Submission of NOI, Monitoring Data, Reports and NOT. Each operator shall submit a
copy of the Notice of Intent (NOI), analytical monitoring results, any Exceedance
Reports, Annual Reports, and Notice of Termination (NOT) to the Lummi Water
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Multi-Sector General Permit (MSGP)
Resources Division at the same time it is submitted to the Environmental Protection
Agency (EPA).
9.10.6.2.5 Where to Submit Information. All required or requested documents shall be sent to:
Lummi Natural Resources Department
ATTN: Water Resources Manager
2665 Kwina Road
Bellingham, WA 98226
Please see the Lummi Nation website (www.lummi-nsn.gov) to review a copy of
Title 17 of the Lummi Code of Laws and the references upon which the conditions
identified above are based.
9.10.6.3
Puyallup Tribe of Indians
The following conditions apply only to discharges to waters of the Puyallup Tribe of
Indians:
9.10.6.3.1 Submission of NOI, NOT and No Exposure. Copies of the Notice of Intent (NOI),
Notice of Termination (NOT), and No Exposure Certification shall be submitted to
the Tribe's Natural Resources Department.
6
9/1
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9.10.6.3.2 Submission of SWPPP. A copy of the Stormwater Pollution Plan (SWPPP) shall be
submitted to the Tribe’s Natural Resources Department at least thirty (30) days in
advance of submitting the NOI to EPA.
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9.10.6.3.3 Compliance with Tribe's Water Quality Standards. Each permittee shall be
responsible for achieving compliance with the Tribe's Water Quality Standards,
including anti-degradation provisions.
9.10.6.3.4
102 Sampling Plan. A sampling plan shall be submitted to
Submission and Approval of
16Resources Department and approved by the Tribe prior to
the Tribe’s Natural
.
initiation o monitoring required under Part 6 of this permit.
of
N
9.10.6.3.5 Submission of Monitoring Data and Reports. The results of any monitoring required
by this permit and reports must be sent to the Tribe’s Natural Resources
Department, including a description of the corrective actions required and
undertaken to meet effluent limits or benchmarks (as applicable).
9.10.6.3.6 Authorization to Inspect. The Natural Resources Department may conduct an
inspection of any facility covered by this permit to ensure compliance with tribal
water quality standards. The Department may enforce its certification conditions.
9.10.6.3.7 Tribal Endangered Species Act Consultation. Consultation with the Tribe that
addresses the effects of your facility's stormwater discharges, allowable nonstormwater discharges, and stormwater discharge-related activities on federallylisted threatened or endangered species and designated critical habitat.
Information required as part of the consultation shall include:
•
Basis of the determination that your stormwater discharges, allowable nonstormwater discharges, and stormwater discharge-related activities will not
adversely affect federally-listed as endangered or threatened (“listed”) under
the Endangered Species Act (ESA) and will not result in the adverse
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Multi-Sector General Permit (MSGP)
modification or destruction of designated critical habitat including appropriate
measures to be undertaken to avoid or eliminate the likelihood of adverse
effects (under Criterion C in Section 1.1.4.5); and
•
Notice of Intent form complete with extent of action area, list of federally-listed
threatened or endangered species or designated critical habitat likely to occur
in action area, list of potential pollutants (if you are a new discharger) or list of
pollutants for which you have ever exceeded an applicable benchmark of
effluent limitation guideline, or for which your discharge has ever been found to
cause or contribute to an exceedance of an applicable water quality standard
(if you are an existing discharger).
9.10.6.3.8 Discharges to CERCLA Sites. This permit does not authorize direct stormwater
discharges to certain sites undergoing remedial cleanup actions pursuant to the
Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA) unless first approved by the appropriate EPA Regional office. In the case
of the Commencement Bay, Near Shore/Tide Flats (WAD980726368), the Puyallup
Tribe also requests notification by the facility and consultation with EPA prior to
discharge. Contaminants at this site include but are not limited to: dioxins, furans,
arsenic, copper, lead, zinc, 4-methly-phenol, Hex-CB, HPAHs, PCBs, PCE, cadmium,
mercury, and LPAHs.
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9.10.6.3.9 Discharge-related Activities that have Potential to Cause an Adverse Effect on
Historic Properties. Installation of stormwater controls that involve subsurface
disturbances may potentially have an adverse impact on historic properties.
Procedures detailed in Appendix F of the permit shall be completed. Brandon
Reynon, the Puyallup Tribe’s Cultural Regulatory Specialist, shall be contacted prior
to initiating discharge-related activities that may have an impact on historic
properties. His contact information is (253) 573-7986 and
Brandon.reynon@puyalluptribe.com
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9.10.6.3.10 Where to Submit Information. All required or requested documents shall be sent to
the:
Puyallup Tribe of Indians
Department of Natural Resources c/o Bill Sullivan and Char Naylor
3009 E. Portland Avenue
Tacoma, Washington 98404
9.10.6.4
Spokane Tribe of Indians
Permit coverage not available until Clean Water Act (CWA) 401 certification is
received.
9.10.6.5
Swinomish Indian Tribal Community
The following conditions apply only to discharges to waters of the Swinomish Indian
Tribal Community:
9.10.6.5.1
Certification. This certification does not exempt and is provisional upon
compliance with other applicable statutes and codes administered by federal and
Swinomish Indian Tribal Community (SITC) agencies. Operator must obtain any
applicable SITC permits.
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9.10.6.5.2 Submission of SWPPP. Each operator shall develop a Storm Water Pollution
Prevention Plan (SWPPP) and submit it to the Swinomish Department of
Environmental Protection (SDEP) for review and approval by the Director prior to
beginning any discharge activities under the permit.
9.10.6.5.3 Water Quality Standards. Each operator shall be responsible for achieving
compliance with applicable Water Quality Standards for Surface Waters of the
Swinomish Indian Reservation.
9.10.6.5.4 Submission of NOI, Monitoring Data, Reports and NOT. Each operator shall submit a
copy of the Notice of Intent (NOI), analytical monitoring results and Exceedance
Reports if any, Annual Reports, and Notice of Termination (NOT) to the Swinomish
DEP at the same time it is submitted to EPA.
9.10.6.5.5 Alternative Permit. The permit does not allow discharge of any pollutant on EPA’s
Persistent Bioaccumulative and Toxic pollutant list. Operator must eliminate such
discharge or apply for an Individual permit.
9.10.6.5.6 Historic Properties Preservation. If any archeological/cultural resources or human
remains are uncovered during the course of operations, all work will cease and
operator must contact the Swinomish Tribal Historic Preservation Officer at 466-7352
or (cell) 840-4127.
9.10.6.5.7
9.10.6.6
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1
Where to Submit Information. All submittals and correspondence
12/
certification including but not limited to Storm Water Pollution Prevention Plans
(SWPPP), monitoring results, reports of exceedances, and other notices are to be
ed Department of Environmental
directed to the Environmental Director,w
ie Swinomish
Protection, 11430 Moorage Way, v
LaConner, WA 98257, phone (360) 466-7201, fax
(360) 466-1615, and shall reference 401 Certification # 2014-01 and NPDES MSGP
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WAR-5I000.
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Tulalip Tribes
o. conditions apply only to discharges on waters of the Tulalip Tribes:
N
The following
9.10.6.6.1 Submission of NOI, NOT, and No Exposure. Copies of the Notice of Intent (NOI),
Notice of Termination (NOT), and No Exposure Certification shall be submitted to
the Tribe’s Natural Resources Department.
9.10.6.6.2 Submission of SWPPP. A copy of the Stormwater Pollution Prevention Plan (SWPPP)
shall be submitted to the Tribe’s Natural Resources Department at least thirty (30)
days in advance of submitting the NOI to EPA.
9.10.6.6.3 Compliance with Tribe's Water Quality Standards. Each permittee shall be
responsible for achieving compliance with the Tribe's Water Quality Standards.
9.10.6.6.4 Submission and approval of Sampling Plans. A sampling plan shall be submitted to
the Tribe's Natural Resources Department and approved by the Tribe prior to
initiation of monitoring required under Part 6 of this permit.
9.10.6.6.5 Submission of Monitoring Data and Reports. The results of any monitoring required
by this permit and reports must be sent to the Tribe's Natural Resources Department,
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Multi-Sector General Permit (MSGP)
including a description of the corrective actions required and undertaken to meet
effluent limits or benchmarks (as applicable).
9.10.6.6.6 Authorization to Inspect. The Natural Resources Department may conduct an
inspection of any facility covered by this permit to ensure compliance with tribal
water quality standards. The Department may enforce its certification conditions.
9.10.6.6.7 Incorporation by reference. This certification does not exempt the applicant from
compliance with other statues and codes administered by the tribes, county, state
and federal agencies.
9.10.6.6.8 Invalidation. This certification will cease to be valid if the project is constructed
and/or operated in a manner not consistent with the project description contained
in the permit. This certification will also cease to be valid and the applicant must
reapply with an updated application if information contained in the permit is
voided by subsequent submittals.
9.10.6.6.9 Modification. Nothing in this certification waives the Tulalip Tribes of Washington's
authority to issue modifications to this certification if additional impacts due to
operational changes are identified, or if additional conditions are necessary to
protect water quality or further protect the Tribal Communities interest.
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9.10.6.6.10 Permits on-site. A copy of the permit shall be kept on the job site and readily
available for reference by the construction supervisor, construction managers and
foreman, and Tribal inspectors.
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9.10.6.6.11 Project Management. The applicant shall ensure that project managers,
construction managers and foreman, and other responsible parties have read and
understand conditions of the permit, this certification, and other relevant
documents, to avoid violations or noncompliance with this certification.
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9.10.6.6.12 Emergencies/Contingency Measures. In the event the operator is unable to comply
with the permit terms and conditions due to any cause, the contractor shall
immediately take action to stop the violation and correct the problem, and
immediately report spill events to EPA's 24-hour Spill Response Team at (206) 5531263 and the Tulalip Tribes Police Department (425) 508-1565. Compliance with this
condition does not relieve the applicant from responsibility to maintain continuous
compliance with the terms and conditions of this certification or the resulting liability
from failure to comply.
9.10.6.6.13 Tribal Endangered Species Act Consultation. Consultation with the Tribes that
addresses the effects of a facility's stormwater discharges, allowable nonstormwater discharges, and stormwater discharge-related activities on federallylisted threatened or endangered species and designated critical habitat.
Information required as part of the consultation shall include:
•
Basis of the determination that your stormwater discharges, allowable nonstormwater discharges, and stormwater discharge-related activities will not
adversely affect federally-listed as endangered or threatened ("listed") under
the Endangered Species Act (ESA) and will not result in the adverse
modification or destruction of designated critical habitat including appropriate
measures to be undertaken to avoid or eliminate the likelihood of adverse
effects (under Criterion C in Section 1.1.4.5); and
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Multi-Sector General Permit (MSGP)
•
Notice of Intent form complete with extent of action area, list of federally-listed
threatened or endangered species or designated critical habitat likely to occur
in action area, list of potential pollutants (if you are a new discharger) or list of
pollutants for which you have ever exceeded an applicable benchmark or
effluent limitations guideline, or for which your discharge has ever been found
to cause or contribute to an exceedance of an applicable water quality
standard (if you are an existing discharger).
9.10.6.6.14 Discharges to CERCLA Sites. This permit does not authorize direct stormwater
discharges to certain sites undergoing remedial cleanup actions pursuant to the
Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA) unless first approved by the appropriate EPA Regional office. In the case
of the Tulalip Landfill site (WAD980639256), the Tulalip Tribes also requests
notification by the facility and consultation with EPA prior to discharge.
Contaminants at this site may include but are not limited to: dioxins, furans, arsenic,
copper, lead, zinc, 4-methyl-phenol, Hex-CB, HPAHs, PCBs, PCE, cadmium,
mercury, and LPAHs.
9.10.6.6.15 Discharge-related Activities that have Potential to Cause an Adverse Effect on
Historic Properties. Installation of stormwater controls that involve subsurface
disturbances may potentially have an adverse impact on historic properties.
Procedures detailed in Appendix F of the permit shall be completed. Richard
Young, of the Tulalip Tribe's Cultural Resources Department shall be contacted prior
to initiating discharge-related activities that may have an impact on historic
properties. His contact information is (360) 716-2652 and
ryoung@tulaliptribesnsn.gov.
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vie or requested documents shall be sent to
9.10.6.6.16 Where to Submit Information: All required
the:
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Tulalip Tribes Natural Resources Environmental Division
1
c/o Kurt Nelson and Valerie Streeter
o.Drive, Tulalip, Washington 98271
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6704 Marine
9.10.7
WAR05F000: Areas in the State of Washington, except those located on Indian
Country lands, subject to industrial activity by a Federal Operator
Permittees in the State of Washington must meet the following conditions:
9.10.7.1
Discharges shall not cause or contribute to a violation of surface water quality
standards (Chapter 173-201A WAC), ground water quality standards (Chapter 173200 WAC), sediment management standards (Chapter 173-204 WAC), and human
health-based criteria in the National Toxics Rule (40 CFR Part 131.36). Discharges
that are not in compliance with these standards are not authorized.
9.10.7.2
Prior to the discharge of stormwater and non-stormwater to waters of the state, the
Permittee shall apply all known, available, and reasonable methods of prevention,
control, and treatment (AKART). This includes the preparation and implementation
of an adequate Stormwater Pollution Prevention Plan (SWPPP), with all appropriate
best management practices (BMPs) installed and maintained in accordance with
the SWPPP and the terms and conditions of this permit.
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9.10.7.3
Additional Sampling Requirements and Effluent Limits for Discharges to Certain
Impaired Waters and Puget Sound Sediment Cleanup Sites.
1. Permittees discharging to a 303(d)-listed waterbody (Category 5), either directly
or indirectly through a stormwater drainage system, shall comply with the
applicable sampling requirements and numeric effluent limits in Table 9.10.7.3.1.
For purposes of this condition, “applicable sampling requirements and effluent
limits” means the sampling and effluent limits in Table 1 that correspond to the
specific parameter(s) the receiving water is 303(d)-listed for at the time of
permit coverage, or Total Suspended Solids (TSS) if the waterbody is 303(d)listed (Category 5) for sediment quality at the time of MSGP coverage.
If a discharge point is subject to an impaired waterbody effluent limit for a
parameter that also has a benchmark, the effluent limit supersedes the
benchmark. All references to Category 5 pertain to the 2012 EPA-approved
Water Quality Assessment.
The 2012 EPA-approved Water Quality Assessment may be viewed online at:
http://www.ecy.wa.gov/programs/wq/links/wq_assessments.html.
Table 9.10.7.3.1: Sampling and Effluent Limits Applicable to Discharges to 303(d)-listed Waters
Maximum Dailya
Parameter
Units
Freshwater
Analytical
Methodb
Marine
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Turbidity
NTUs
25
25
pH
SU
j
Between 7.0 Meter
and 8.5
Fecal Coliform
Bacteria
# colonies/
100 mL
i
TSS f
mg/L
EPA 180.1 Meter
30
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Laboratory
Quantitation
Levelc
Sampling
Frequencyd
0.5
1/quarter
±0.1
1/quarter
SM 9222D
20 CFU/
100 mL
1/quarter
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vie
30
SM2540-D
5
1/quarter
g
g
EPA 365.1
0.01
1/quarter
g
g
SM 4500 NH -GH 0.3
1/quarter
µg/L
g
g
EPA 200.8
2.0
1/quarter
Lead, Total
µg/L
g
g
EPA 200.8
0.5
1/quarter
Mercury, Total
µg/L
2.1
1.8
EPA1631E
0.0005
1/quarter
Zinc, Total
µg/L
g
g
EPA 200.8
2.5
1/quarter
Pentachlorophenol
µg/L
9h
g
EPA 625
1.0
1/quarter
Phosphorus, Total
No
mg/L
Total Ammonia (as N) mg/L
Copper, Total
3
a.
Maximum daily effluent limit means the highest allowable daily discharge. The daily discharge means the discharge of a
pollutant measured during a calendar day. The daily discharge is the average measurement of the pollutant over the day; this
does not apply to pH.
b.
Or other equivalent method with the same reporting level.
c.
The Permittee shall ensure laboratory results comply with the quantitation level (QL) specified in the table. However, if an
alternate method from 40 CFR Part 136 is sufficient to produce measurable results in the sample, the Permittee may use that
method for analysis. If the Permittee uses an alternative method it must report the test method and QL on the DMR. If the
Permittee is unable to obtain the required QL due to matrix effects, the Permittee must report the matrix-specific method
detection level (MDL) and QL on the DMR.
d.
1/quarter means at least one sample taken each quarter, e.g., Q1 = Jan 1 – March 31, Q2 = April 1 – June 30.
e.
Permittees shall use either a calibrated pH meter consistent with EPA 9040 or an approved state method.
f.
Permittees who discharge to a waterbody 303(d)-listed (Category 5) for sediment quality shall sample the discharge for TSS.
g.
Site-specific effluent limitation will be assigned at the time of permit coverage.
h.
Based on a pH of 7.0.
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i.
A numeric effluent limit does not apply, but Permittees must sample according to Table 9.10.7.3.1. In addition, the following
mandatory BMPs shall be incorporated into the SWPPP and implemented; the Permittee must:
1)
2)
3)
4)
5)
j.
Use all known, available and reasonable methods to prevent rodents, birds, and other animals from
feeding/nesting/roosting at the facility. Nothing in this section shall be construed as allowing violations of any applicable
federal, state or local statutes, ordinances, or regulations including the Migratory Bird Treaty Act.
Perform at least one annual dry weather inspection of the stormwater system to identify and eliminate sanitary sewer
cross-connections.
Install structural source control BMPs to address on-site activities and sources that could cause bacterial contamination
(e.g., dumpsters, compost piles, food waste, and animal products).
Implement operational source control BMPs to prevent bacterial contamination from any known sources of fecal coliform
bacteria (e.g., animal waste).
Conduct additional bacteria-related sampling and/or BMPs, if ordered by Ecology on a case-by-case basis.
The effluent limit for a Permittee who discharges to a freshwater body 303(d)-listed for pH is: Between 6.0 and 8.5, if the
303(d)-listing is for high pH only; Between 6.5 and 9.0, if the 303(d)-listing is for low pH only; and Between 6.5 and 8.5 if the
303(d)-listing is for both low and high pH. All pH effluent limits are applied end-of-pipe.
2. Permittees discharging to a Puget Sound Sediment Cleanup Site 1, either directly
or indirectly through a stormwater drainage system, shall comply with this
section:
a. Permittees shall sample the discharge for Total Suspended Solids (TSS) in
accordance with Table 9.10.7.3.2.
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b. If the waterbody is listed within Category 5 (sediment medium) where the
outfall discharges to the waterbody, the discharge is subject to the TSS
numeric effluent limit in Table 9.10.7.3.1.
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c. If the waterbody is not listed within Category 5 (sediment medium) where
the outfall discharges to the waterbody (e.g., Category 4B, etc.), the
discharge is subject to the TSS benchmark in Table 9.10.7.3.2. If the
discharge is subject to more than one TSS benchmark value (i.e., two
different benchmarks), the lower benchmark supersedes the higher one. If
a discharge exceeds the TSS benchmark, the Permittee shall implement
corrective actions in accordance with the MSGP.
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d. Permittees shall remove accumulated solids from storm drain lines (including
inlets, catch basins, sumps, conveyance lines, and oil/water separators)
owned or controlled by the Permittee at least once during the term of the
MSGP.
Permittees shall conduct line cleaning operations (e.g., jetting, vacuuming,
removal, loading, storage, and/or transport) using BMPs to prevent
discharges of storm drain solids to surface waters of the state.
Removed storm drain solids and liquids shall be disposed of in accordance
with applicable laws and regulations and documented in the SWPPP.
Puget Sound Sediment Cleanup Site means: Category 4B (Sediment) portions of Budd Inlet (Inner),
Commencement Bay (Inner), Commencement Bay (Outer), Dalco Passage and East Passage, Duwamish
Waterway (including East and West Waterway), Eagle Harbor, Elliot Bay, Hood Canal (North), Liberty Bay,
Rosario Strait, Sinclair Inlet, and Thea Foss Waterway; Category 5 (Sediment) portions of the Duwamish
Waterway (including East and West Waterway), and Port Gardner and Inner Everett Harbor; and the Port
Angeles Harbor sediment cleanup area, as mapped on Ecology’s ISGP website. All references to Category
4B and 5 pertain to the 2012 EPA-approved Water Quality Assessment, available online at:
http://www.ecy.wa.gov/programs/wq/links/wq_assessments.html
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e. Prior to removing storm drain solids according to Condition 2.D, Permittees
shall sample and analyze storm drain solids in accordance with Table
9.10.7.3.3. Storm drain solids must be collected/sampled from a
representative catch basin, sump, pipe, or other feature within the storm
drain system that corresponds to the discharge point where Total
Suspended Solids (TSS) samples are collected per these conditions. Samples
may be either a single grab sample or a composite sample. Samples must
be representative of the storm drain solids generated and accumulated in
the facility's drainage system. To the extent possible, sample locations must
exclude portions of the drainage system affected by water from off-site
sources (e.g., run-on from off-site properties, tidal influence, and backflow).
f.
All storm drain solids sampling data shall be reported to EPA no later than
the DMR due date for the reporting period in which the solids were
sampled. A copy of the lab report shall be submitted to EPA.
Table 9.10.7.3.2: Benchmarks and Sampling Requirements Applicable to Discharges to Puget
Sound Sediment Cleanup Sites that are not Category 5 for Sediment Quality
Parameter
Units
TSS
Benchmark Valuea Analytical Method
mg/L
30
SM2540-D
Laboratory
Quantitation
Levelb
Minimum
Sampling
Frequencyc
5
1/quarter
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a.
Permittees sampling more than once per quarter shall average the sample results and compare the average value to the
benchmark to determine if it the discharge has exceeded the benchmark value. However, if Permittees collect more than one
sample during a 24-hour period, they must first calculate the daily average of the individual grab sample results collected
during that 24-hour period; then use the daily average to calculate a quarterly average.
b.
The Permittee shall ensure laboratory results comply with the quantitation level (QL) specified in the table. However, if an
alternate method from 40 CFR Part 136 is sufficient to produce measurable results in the sample, the Permittee may use that
method for analysis. If the Permittee uses an alternative method it must report the test method and QL on the DMR. If the
Permittee is unable to obtain the required QL due to matrix effects, the Permittee must report the matrix-specific method
detection level (MDL) and QL on the DMR.
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Table 9.10.7.3.3: Sampling and Analytical Procedures for Storm Drain Solids
c.
1/quarter means at least one sample taken each quarter, year-round.
Analyte
Method in Sediment
Quantitation Levela
Conventional Parameters
Percent total solids
SM 2540G, or ASTM Method D 2216
NA
Total organic carbon
Puget Sound Estuary Protocols (PSEP 1997), or EPA 9060
0.1%
Grain size
Ecology Method Sieve and Pipette (ASTM 1997), ASTMD422,
or PSEP 1986/2003
NA
Antimony, Total
EPA Method 200.8 (ICP/MS) , EPA Method 6010 or EPA
Method 6020
0.2 mg/kg dwb
Arsenic, Total
EPA Method 200.8 (ICP/MS) , EPA Method 6010 or EPA
Method 6020
0.1 mg/kg dw
Beryllium, Total
EPA Method 200.8 (ICP/MS) , EPA Method 6010 or EPA
Method 6020
0.2 mg/kg dw
Cadmium, Total
EPA Method 200.8 (ICP/MS) , EPA Method 6010 or EPA
Method 6020
0.2 mg/kg dw
Chromium, Total
EPA Method 200.8 (ICP/MS) , EPA Method 6010 or EPA
Method 6020
0.5 mg/kg dw
Metals
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Analyte
Method in Sediment
Quantitation Levela
Copper, Total
EPA Method 200.8 (ICP/MS) , EPA Method 6010 or EPA
Method 6020
0.2 mg/kg dw
Lead, Total
EPA Method 200.8 (ICP/MS) , EPA Method 6010 or EPA
Method 6020
0.2 mg/kg dw
Mercury, Total
EPA Method 1631E, or EPA Method 7471B
0.005 mg/kg dw
Nickel, Total
EPA Method 200.8 (ICP/MS) , EPA Method 6010 or EPA
Method 6020
0.1 mg/kg dw
Selenium, Total
EPA Method 200.8 (ICP/MS) , EPA Method 6010 or EPA
Method 6020
0.5 mg/kg dw
Silver, Total
EPA Method 200.8 (ICP/MS) , EPA Method 6010 or EPA
Method 6020
0.1 mg/kg dw
Thallium, Total
EPA Method 200.8 (ICP/MS) , EPA Method 6010 or EPA
Method 6020
0.2 mg/kg dw
Zinc, Total
EPA Method 200.8 (ICP/MS) , EPA Method 6010 or EPA
Method 6020
5.0 mg/kg dw
EPA Method 8270 D
70 µg/kg dw
EPA Method 8082
10 µg/kg dw
Organics
PAH compoundsc
PCBs (aroclors),
Totald
Petroleum Hydrocarbons
NWTPH-Dx
a.
NWTPH-Dx
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The Permittee shall ensure laboratory results comply with the quantitation level (QL) specified in the table. However, if an
alternate method is sufficient to produce measurable results in the sample, the Permittee may use that method for analysis. If
the Permittee uses an alternative method, it must report the test method and QL on the sediment monitoring report. All results
shall be reported. For values below the QL, or where a QL is not specified, report results at the method detection level (MDL)
from the lab and the qualifier of “U” for undetected at that concentration. If the Permittee is unable to obtain the required QL
due to matrix effects, the Permittee must report the matrix-specific MDL and QL on the DMR.
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b.
dw = dry weight.
c.
PAH compounds include: 1-methylnaphthalene, 2-methylnaphthalene, 2-chloronaphthalene, acenaphthylene, acenaphthene,
anthracene, benzo(a)anthracene, benzo(a)pyrene, benzo(b, k)fluoranthene, benzo(ghi)perylene, dibenzo(a,h)anthracene,
dibenzofuran, carbazole, chrysene, fluoranthene, fluorene, indeno(1,2,3-cd)pyrene, naphthalene, phenanthrene, and pyrene.
d.
Total = sum of PCB aroclors 1016+1221+1232+1242+1248+1254+1260.
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9.10.7.4
Requirements for Discharges to Waters with Applicable TMDLs
1. The Permittee shall comply with applicable TMDL determinations. Applicable
TMDLs or TMDL determinations are TMDLs which have been completed by the
issuance date of this permit, or which have been completed prior to the date
that the Permittee's NOI is received by EPA, whichever is later. EPA will list the
Permittee’s requirements to comply with this condition on the letter of permit
coverage.
2. TMDL requirements associated with TMDLs completed after the issuance date
of this permit only become effective if they are imposed through an
administrative order issued by EPA.
3. Where Ecology has established a TMDL wasteload allocation and sampling
requirements for the Permittee's discharge, the Permittee shall comply with all
requirements of the TMDL.
a. If a discharge point is subject to a TMDL-related effluent limit for a
parameter that also has a benchmark, the effluent limit supersedes the
benchmark.
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4. Where Ecology has established a TMDL general wasteload allocation for
industrial stormwater discharges for a parameter present in the Permittee's
discharge, but has not identified specific requirements, EPA will assume the
Permittee's compliance with the terms and conditions of the permit complies
with the approved TMDL.
5. Where Ecology has not established a TMDL wasteload allocation for industrial
stormwater discharges for a parameter present in the Permittee's discharge, but
has not excluded these discharges, EPA will assume the Permittee's compliance
with the terms and conditions of this permit complies with the approved TMDL.
6. Where a TMDL for a parameter present in the Permittee's discharge specifically
precludes or prohibits discharges of stormwater associated with industrial
activity, the Permittee is not eligible for coverage under the MSGP.
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A-1
Appendix A - Definitions, Abbreviations, and Acronyms (for the purposes of this permit).
A.1. DEFINITIONS
Action Area – all areas to be affected directly or indirectly by the federal action and not merely
the immediate area involved in the action. See 50 CFR 402. For the purposes of this permit and
for application of Endangered Species Act requirements, the following areas are included in the
definition of action area:
•
•
•
•
The areas where stormwater discharges originate and flow from the industrial facility to
the point of discharge into receiving waters. (Example: Where stormwater flows into a
ditch, swale, or gully that leads to receiving waters and where listed species (such as
listed amphibians) are found in the ditch, swale, or gully.)
The areas where stormwater from industrial activities discharge into receiving waters and
the areas in the immediate vicinity of the point of discharge. (Example: Where
stormwater from industrial activities discharges into a stream segment that is known to
harbor listed aquatic species.)
The areas where stormwater controls will be constructed and operated, including any
areas where stormwater flows to and from the stormwater controls. (Example: Where a
stormwater retention pond would be built.)
The areas upstream and/or downstream from the stormwater discharge into a stream
segment that may be affected by these discharges. (Example: Where sediment
discharged to a receiving stream settles downstream and impacts a breeding area of a
listed aquatic species.)
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Antidegradation Policy or Antidegradation Requirements – the water
ewthree-tiered antidegradation program:
regulation that requires States and Tribes to establish a
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1. Tier 1 maintains and protects02
existing uses and water quality conditions necessary to
support such uses. An existing use can be established by demonstrating that fishing,
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swimming, or other uses
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water quality iso
suitable to allow such uses to occur. Where an existing use is established,
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it must be protected even if it is not listed in the water quality standards as a designated
use. Tier 1 requirements are applicable to all surface waters.
2. Tier 2 maintains and protects "high quality" waters -- water bodies where existing
conditions are better than necessary to support CWA § 101(a)(2) "fishable/swimmable"
uses. Water quality can be lowered in such waters. However, state and tribal Tier 2
programs identify procedures that must be followed and questions that must be
answered before a reduction in water quality can be allowed. In no case may water
quality be lowered to a level which would interfere with existing or designated uses.
3. Tier 3 maintains and protects water quality in outstanding national resource waters
(ONRWs). Except for certain temporary changes, water quality cannot be lowered in
such waters. ONRWs generally include the highest quality waters of the United States.
However, the ONRW classification also offers special protection for waters of exceptional
ecological significance, i.e., those which are important, unique, or sensitive ecologically.
Decisions regarding which water bodies qualify to be ONRWs are made by States and
authorized Indian Tribes.
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Multi-Sector General Permit (MSGP)
Arid Areas – areas where annual rainfall averages from 0 to 10 inches.
Bypass – the intentional diversion of waste streams from any portion of a treatment facility. See
40 CFR 122.41(m)(1)(i).
CERCLA Site (i.e., Superfund Site) - for the purposes of this permit, a site as defined in Section
101(9) of the Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA), 42 U.S.C. § 9601(9), that is undergoing a remedial investigation and feasibility study, or
for which a Record of Decision for remedial action has been issued in accordance with the
National Contingency Plan, 40 CFR Part 300.
Co-located Industrial Activities – any industrial activities, excluding your primary industrial
activity(ies), located on-site that are defined by the stormwater regulations at 122.26(b)(14)(i)(ix) and (xi). An activity at a facility is not considered co-located if the activity, when considered
separately, does not meet the description of a category of industrial activity covered by the
stormwater regulations or identified by the SIC code list in Appendix D.
Confidential Business Information (CBI) – see 40 CFR Part 2 for relevant definitions of CBI:
http://www.gpo.gov/fdsys/pkg/CFR-2013-title40-vol1/pdf/CFR-2013-title40-vol1-part2subpartB.pdf.
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Control Measures – refers to any stormwater control or other method (including narrative effluent
limitations) used to prevent or reduce the discharge of pollutants to waters of the United States.
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Corrective Action – for the purposes of the permit, any action taken, or required to be taken, to
(1) repair, modify, or replace any stormwater control used at the site; (2) clean up and dispose
of spills, releases, or other deposits found on the site; and (3) remedy a permit violation.
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Critical Habitat – as defined in the Endangered Species Act at 16 U.S.C. 1531 for a threatened or
endangered species, (i) the specific areas within the geographical area occupied by the
species, at the time it is listed in accordance with the provisions of section 4 of the Endangered
Species Act, on which are found those physical or biological features essential to the
conservation of the species and which may require special management considerations or
protection; and (ii) specific areas outside the geographical area occupied by the species at the
time it is listed in accordance with the provisions of section 4 of the Endangered Species Act,
upon a determination by the Secretary that such areas are essential for the conservation of the
species.
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Director – a Regional Administrator of the Environmental Protection Agency or an authorized
representative. See 40 CFR 122.2.
Discharge – when used without qualification, means the "discharge of a pollutant." See 40 CFR
122.2.
Discharge of a Pollutant – any addition of any “pollutant” or combination of pollutants to
“waters of the United States” from any “point source,” or any addition of any pollutant or
combination of pollutants to the waters of the “contiguous zone” or the ocean from any point
source other than a vessel or other floating craft which is being used as a means of
transportation. This includes additions of pollutants into waters of the United States from: surface
runoff which is collected or channeled by man; discharges through pipes, sewers, or other
conveyances, leading into privately owned treatment works. See 40 CFR 122.2.
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Multi-Sector General Permit (MSGP)
Discharge Point – for the purposes of this permit, the location where collected and
concentrated stormwater flows are discharged from the facility such that the first receiving
waterbody into which the discharge flows, either directly or through a separate storm sewer
system, is a water of the U.S.
Discharge-Related Activity – activities that cause, contribute to, or result in stormwater and
allowable non-stormwater point source discharges, and measures such as the siting,
construction and operation of stormwater controls to control, reduce, or prevent pollution in the
discharges.
Discharge to an Impaired Water – for the purposes of this permit, a discharge to an impaired
water occurs if the first water of the U.S. to which you discharge is identified by a state, tribe, or
EPA as not meeting an applicable water quality standard, and requires development of a total
maximum daily load (TMDL) (pursuant to Section 303(d) of the Clean Water Act), or is addressed
by an EPA-approved or established TMDL, or is not in either of the above categories but the
waterbody is covered by pollution control requirements that meet the requirements of 40 CFR
130.7(b)(1). For discharges that enter a separate storm sewer system prior to discharge, the
water of the U.S. to which you discharge is the waterbody that receives the stormwater
discharge from the storm sewer system.
Drought-Stricken Area – for the purposes of this permit, an area in which the National Oceanic
and Atomospheric Administration’s U.S. Seasonal Drought Outlook indicates for the period that
any of the following conditions are likely: (1) “Drought to persist or intensify”, (2) “Drought
ongoing, some improvement”, (3) “Drought likely to improve, impacts ease”, or (4) “Drought
development likely”. See
http://www.cpc.ncep.noaa.gov/products/expert_assessment/season_drought.gif.
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i this
vofe permit, a stormwater control is kept in
Effective Operating Condition – for the purposes
effective operating condition if it has been implemented and maintained in such a manner that
24, discharges.
it is working as designed to minimize 0
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Effluent Limitations – for the purposes of this permit, any of the Part 2 or Part 3 requirements.
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Effluent Limitations Guideline (ELG) – defined in 40 CFR § 122.2 as a regulation published by the
Administrator under section 304(b) of CWA to adopt or revise effluent limitations.
Eligible – for the purposes of this permit, refers to stormwater and allowable non-stormwater
discharges that are authorized for coverage under this general permit.
Endangered Species – defined in the Endangered Species Act at 16 U.S.C. 1531 as any species
which is in danger of extinction throughout all or a significant portion of its range other than a
species of the Class Insecta determined by the Secretary to constitute a pest whose protection
under the provisions of this Act would present an overwhelming and overriding risk to man.
Existing Discharger – an operator applying for coverage under this permit for discharges
authorized previously under an NPDES general or individual permit.
Facility or Activity – any NPDES “point source” (including land or appurtenances thereto) that is
subject to regulation under the NPDES program. See 40 CFR 122.2.
Feasible – for the purposes of this permit, feasible means technologically possible and
economically practicable and achievable in light of best industry practices. EPA notes that it
does not intend for any permit requirement to conlict with state water rights law.
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Federal Operator – an entity that meets the definition of “Operator” in this permit and is either
any department, agency or instrumentality of the executive, legislative, and judicial branches of
the Federal government of the United States, or another entity, such as a private contractor,
operating for any such department, agency, or instrumentality.
Hazardous Materials or Hazardous Substances or Toxic Materials – for the purposes of this permit,
any liquid, solid, or contained gas that contain properties that are dangerous or potentially
harmful to human health or the environment. See also 40 CFR §261.2.
Historic Property – as defined in the National Historic Preservation Act regulations means any
prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion
in, the National Register of Historic Places maintained by the Secretary of the Interior. This term
includes artifacts, records, and remains that are related to and located within such properties.
The term includes properties of traditional religious and cultural importance to an Indian tribe or
Native Hawaiian organization and that meet the National Register criteria.
Impaired Water (or “Water Quality Impaired Water” or “Water Quality Limited Segment”) – for
the purposes of this permit, waters identified by a state, tribe, or EPA as not meeting an
applicable water quality standard, and require development of a total maximum daily load
(TMDL) (pursuant to Section 303(d) of the CWA), or are addressed by an EPA-approved or
established TMDL, or are covered by pollution controls requirements that meet the requirements
of 40 FR 130.7(b)(1). For discharges that enter a separate storm sewer system prior to discharge,
the first water of the U.S. to which you discharge is the waterbody that receives the stormwater
discharge from the storm sewer system.
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d122.2 as:
Indian Country or Indian Country Lands – defined at 40 CFR
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ew under the jurisdiction of the United
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a). All land within the limits of any Indian,reservation
States Government, notwithstanding the issuance of any patent, and including rights-of024
way running through the reservation;
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b). All dependent o.
Indian communities within the borders of the United States, whether within
the originalNsubsequently acquired territory thereof, and whether within or without the
or
limits of a State: and
c). All Indian allotments, the Indian titles to which have not been extinguished, including
rights-of-way running through the same. This definition includes all land held in trust for an
Indian tribe. (18 U.S.C. 1151)
Infeasible – for the purposes of this permit, infeasible means not technologically possible or not
economically practicable and achievable in light of best industry practices. EPA notes that it
does not intend for any permit requirement to conflict with state water rights law.
Industrial Activity – the 10 categories of industrial activities included in the definition of
“stormwater discharges associated with industrial activity” as defined in 40 CFR 122.26(b)(14)(i)(ix) and (xi).
Industrial Stormwater – stormwater runoff from industrial activity.
Measurable Storm Event – a precipitation event that results in a measurable amount of
precipitation (i.e., a storm event that results in an actual discharge) and that follows the
preceding storm event by at least 72 hours (3-days). The 72-hour storm interval does not apply if
you document that less than a 72-hour interval is representative for local storm events.
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Multi-Sector General Permit (MSGP)
Minimize – for the purposes of this permit, minimize means to reduce and/or eliminate to the
extent achievable using control measures that are technologically available and economically
practicable and achievable in light of best industry practices.
Municipal Separate Storm Sewer (MS4) – defined at 40 CFR §122.26(b)(8) as a conveyance or
system of conveyances (including roads with drainage systems, municipal streets, catch basins,
curbs, gutters, ditches, manmade channels, or storm drains):
1. Owned or operated by a state, city, town, borough, county, parish, district, association,
or other public body (created by or pursuant to State law) having jurisdiction over
disposal of sewage, industrial wastes, stormwater, or other wastes, including special
districts under state law such as a sewer district, flood control district or drainage district,
or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a
designated and approved management agency under section 208 of the CWA that
discharges to waters of the United States;
2. Designed or used for collecting or conveying stormwater;
3. Which is not a combined sewer; and
4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40
CFR 122.2. See 40 CFR 122.26(b)(4) and (b)(7).
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National Pollutant Discharge Elimination System (NPDES) – defined at1 CFR
40
12/
national program for issuing, modifying, revoking and reissuing, terminating, monitoring and
enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307,
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402, 318, and 405 of CWA. The term includes an ‘approved program.’
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New Discharger – a facility from which 24 is or may be a discharge, that did not commence
there
the discharge of pollutants at a particular site prior to August 13, 1979, which is not a new source,
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6a-finally effective NPDES permit for discharges at that site. See 40
and which has never received
CFR 122.2.
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New Source – any building, structure, facility, or installation from which there is or may be a
“discharge of pollutants,” the construction of which commenced:
•
•
after promulgation of standards of performance under section 306 of the CWA which are
applicable to such source, or
after proposal of standards of performance in accordance with section 306 of the CWA
which are applicable to such source, but only if the standards are promulgated in
accordance with section 306 within 120 days of their proposal. See 40 CFR 122.2.
New Source Performance Standards (NSPS) – technology-based standards for facilities that
qualify as new sources under 40 CFR 122.2 and 40 CFR 122.29.
No Exposure – all industrial materials or activities protected by a storm-resistant shelter to prevent
exposure to rain, snow, snowmelt, and/or runoff. See 40 CFR 122.26(g).
Non-Stormwater Discharges – discharges that do not originate from storm events. They can
include, but are not limited to, discharges of process water, air conditioner condensate, noncontact cooling water, pavement wash water, external building washdown, irrigation water, or
uncontaminated ground water or spring water.
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Multi-Sector General Permit (MSGP)
Notice of Intent (NOI) – the form (electronic or paper) required for authorization of coverage
under the Multi-Sector General Permit.
Notice of Termination (NOT) – the form (electronic or paper) required for terminating coverage
under the Multi-Sector General Permit.
Operator – any entity with a stormwater discharge associated with industrial activity that meets
either of the following two criteria:
1. The entity has operational control over industrial activities, including the ability to make
modifications to those activities; or
2. The entity has day-to-day operational control of activities at a facility necessary to
ensure compliance with the permit (e.g., the entity is authorized to direct workers at a
facility to carry out activities required by the permit).
Outfall – see “Discharge Point.”
Permitting Authority – for the purposes of this permit, EPA, a Regional Administrator of EPA, or an
authorized representative.
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Person – an individual, association, partnership, corporation, municipality, State or Federal
agency, or an agent or employee thereof. See 40 CFR 122.2.
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Point Source – any discernible, confined, and discrete conveyance, including but not limited to
any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation, landfill leachate collection system, vessel, or other
floating craft from which pollutants are or may be discharged. This term does not include return
flows from irrigated agriculture or agricultural stormwater runoff. See 40 CFR 122.2.
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102 listing from this definition includes: dredged spoil,
Pollutant – defined at 40 CFR §122.2. A partial
16filter backwash, sewage, garbage, sewage sludge, munitions,
solid waste, incinerator residue,
o. materials, heat, wrecked or discarded equipment, rock, sand, cellar
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chemical wastes, biological
dirt, and industrial, municipal and agricultural waste discharged into water. See 40 CFR 122.2.
Pollutant of Concern – a pollutant which causes or contributes to a violation of a water quality
standard, including a pollutant which is identified as causing an impairment in a state's 303(d)
list.
Primary Industrial Activity – includes any activities performed on-site which are (1) identified by
the facility’s primary SIC code and included in the descriptions of 122.26(b)(14)(ii), (iii), (vi), or
(viii); or (2) included in the narrative descriptions of 122.26(b)(14)(i), (iv), (v), (vii), or (ix). [For colocated activities covered by multiple SIC codes, it is recommended that the primary industrial
determination be based on the value of receipts or revenues or, if such information is not
available for a particular facility, the number of employees or production rate for each process
may be compared. The operation that generates the most revenue or employs the most
personnel is the operation in which the facility is primarily engaged. In situations where the vast
majority of on-site activity falls within one SIC code, that activity may be the primary industrial
activity.] Narrative descriptions in 40 CFR 122.26(b)(14) identified above include: (i) activities
subject to stormwater effluent limitations guidelines, new source performance standards, or toxic
pollutant effluent standards; (iv) hazardous waste treatment storage, or disposal facilities
including those that are operating under interim status or a permit under subtitle C of the
Resource Conservation and Recovery Act (RCRA); (v) landfills, land application sites and open
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Multi-Sector General Permit (MSGP)
dumps that receive or have received industrial wastes; (vii) steam electric power generating
facilities; and (ix) sewage treatment works with a design flow of 1.0 mgd or more.
Qualified Personnel – qualified personnel are those who are knowledgeable in the principles and
practices of industrial stormwater controls and pollution prevention, and who possess the
education and ability to assess conditions at the industrial facility that could impact stormwater
quality, and the education and ability to assess the effectiveness of stormwater controls
selected and installed to meet the requirements of the permit.
Reportable Quantity Release – a release of a hazardous substance at or above the established
legal threshold that requires emergency notification. Refer to 40 CFR Parts 110, 117, and 302 for
complete definitions and reportable quantities for which notification is required.
Restricted Information – for the purposes of this permit, information that is privileged or that is
otherwise protected from disclosure pursuant to applicable statutes, Executive Orders, or
regulations. Such information includes, but is not limited to: classified national security
information, protected critical infrastructure information, sensitive security information, and
proprietary business information.
Runoff Coefficient – the fraction of total rainfall that will appear at the conveyance as runoff.
See 40 CFR 122.26(b)(11).
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Run-On – sources of stormwater that drain from land located upslope or upstream from the
regulated facily in question.
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Saline Water or Saltwater – for the purposes of this permit, a waterbody
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to or exceeds 10 parts per thousand 95 percent or more of the time, unless otherwise defined as
ew surface water quality standards.
a coastal or marine water by the applicable state or tribal
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Semi-Arid Areas – areas where annual rainfall averages from 10 to 20 inches.
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Significant Materials – o.
includes, but is not limited to: raw materials; fuels; materials such as
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solvents, detergents, and plastic pellets; finished materials such as metallic products; raw
materials used in food processing or production; hazardous substances designated under
section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313
of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that
have the potential to be released with stormwater discharges. See 40 CFR 122.26(b)(12).
Special Aquatic Sites – sites identified in 40 CFR 230 Subpart E. These are geographic areas, large
or small, possessing special ecological characteristics of productivity, habitat, wildlife protection,
or other important and easily disrupted ecological values. These areas are generally recognized
as significantly influencing or positively contributing to the general overall environmental health
or vitality of the entire ecosystem of a region.
Spill – for the purpose of this permit, the release of a hazardous or toxic substance from its
container or containment.
Stormwater – stormwater runoff, snow melt runoff, and surface runoff and drainage. See 40 CFR
122.26(b)(13).
Stormwater Controls – see “Control Measures.”
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Multi-Sector General Permit (MSGP)
Stormwater Discharges Associated with Construction Activity – as used in this permit, a discharge
of pollutants in stormwater runoff from areas where land-disturbing activities (e.g., clearing,
grading, or excavating) occur, or where construction materials or equipment storage or
maintenance (e.g., fill piles, borrow areas, concrete truck washout, fueling), or other industrial
stormwater directly related to the construction process (e.g., concrete or asphalt batch plants)
are located. See 40 CFR 122.26(b)(14)(x) and 40 CFR 122.26(b)(15).
Stormwater Discharges Associated with Industrial Activity – the discharge from any conveyance
that is used for collecting and conveying stormwater and that is directly related to
manufacturing, processing or raw materials storage areas at an industrial plant. The term does
not include discharges from facilities or activities excluded from the NPDES program under Part
122. For the categories of industries identified in this section, the term includes, but is not limited
to, stormwater discharges from industrial plant yards; immediate access roads and rail lines used
or traveled by carriers of raw materials, manufactured products, waste material, or by-products
used or created by the facility; material handling sites; refuse sites; sites used for the application
or disposal of process waste waters (as defined at part 401 of this chapter); sites used for the
storage and maintenance of material handling equipment; sites used for residual treatment,
storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas
(including tank farms) for raw materials, and intermediate and final products; and areas where
industrial activity has taken place in the past and significant materials remain and are exposed
to stormwater. For the purposes of this paragraph, material handling activities include storage,
loading and unloading, transportation, or conveyance of any raw material, intermediate
product, final product, by-product or waste product. The term excludes areas located on plant
lands separate from the plant's industrial activities, such as office buildings and accompanying
parking lots as long as the drainage from the excluded areas is not mixed with stormwater
drained from the above described areas. Industrial facilities include those that are federally,
state, or municipally owned or operated that meet the description of the facilities listed in 40 CFR
122.26(b)(14). The term also includes those facilities designated under the provisions of 40 CFR
122.26(a)(1)(v). See 40 CFR 122.26(b)(14).
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102 responsible for oversight of the development and
Stormwater Team – the group 6 individuals
1 of-oversight of compliance with the permit requirements. The
modifications of the SWPPP, and
o. Team” must be identified in the SWPPP.
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individuals on the “Stormwater
Storm Event – a precipitation event that results in a measurable amount of precipitation.
Threatened Species – defined in the Endangered Species Act at 16 U.S.C. 1531 as any species
which is likely to become an endangered species within the foreseeable future throughout all or
a significant portion of its range.
Tier 2 Waters – For antidegradation purposes, pursuant to 40 CFR 131.12(a)(2), Tier 2 waters are
characterized as having water quality that exceeds the levels necessary to support propagation
of fish, shellfish, and wildlife and recreation in and on the water.
Tier 2.5 Waters – For antidegradation purposes, Tier 2.5 waters are those waters designated by
States or Tribes as requiring a level of protection equal to and above that given to Tier 2 waters,
but less than that given Tier 3 waters.States have special requirements for these waters.
Tier 3 Waters – For antidegradation purposes, pursuant to 40 CFR 131.12(a)(3), Tier 3 waters are
identified by states as having high quality waters constituting an Outstanding National Resource
Water (ONRW), such as waters of National Parks and State Parks, wildlife refuges, and waters of
exceptional recreational or ecological significance.
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Total Maximum Daily Loads (TMDLs) – The sum of the individual wasteload allocations (WLAs) for
point sources and load allocations (LAs) for nonpoint sources and natural background. If
receiving water has only one point source discharger, the TMDL is the sum of that point source
WLA plus the LAs for any nonpoint sources of pollution and natural background sources,
tributaries, or adjacent segments. TMDLs can be expressed in terms of either mass per time,
toxicity, or other appropriate measure. (See section 303(d) of the Clean Water Act and 40 CFR
130.2 and 130.7).
Toxic Waste – see “Hazardous Materials.”
Uncontaminated Discharge – a discharge that does not cause or contribute to an exceedance
of applicable water quality standards.
Upset – Upset means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors beyond
your reasonable control. An upset does not include noncompliance to the extent caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack
of preventive maintenance, or careless or improper operation. See 40 CFR 122.41(n)(1).
Water Quality Impaired – See “Impaired Water.”
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Water Quality Standards – defined in 40 CFR § 131.3, and are provisions of State or Federal law
which consist of a designated use or uses for the waters of the United States, water quality
criteria for such waters based upon such uses, and an antidegradation policy to protect highquality waters. Water quality standards protect the public health or welfare, enhance the quality
of water and serve the purposes of the Act.
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Waters of the United States – See definition at at 40 CFR §122.2.
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A.2. ABBREVIATIONS AND ACRONYMS
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BAT – Best Available Technology Economically Achievable
BOD5 – Biochemical Oxygen Demand (5-day test)
BMP – Best Management Practice
BPJ – Best Professional Judgment
BPT – Best Practicable Control Technology Currently Available
CERCLA – Comprehensive Environmental Response, Compensation and Liability Act
CGP – Construction General Permit
CFR – Code of Federal Regulations
COD – Chemical Oxygen Demand
CWA – Clean Water Act (or the Federal Water Pollution Control Act, 33 U.S.C. §1251 et seq)
CWT – Centralized Waste Treatment
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DMR – Discharge Monitoring Report
ELG – Effluent Limitations Guideline
EPA – U. S. Environmental Protection Agency
ESA – Endangered Species Act
FWS – U. S. Fish and Wildlife Service
LA – Load Allocations
MGD – Million Gallons per Day
MOS – Margin of Safety
MS4 – Municipal Separate Storm Sewer System
MSGP – Multi-Sector General Permit
NAICS – North American Industry Classification System
NEPA – National Environmental Policy Act
NET – NPDES eReporting Tool
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NMFS – U. S. National Marine Fisheries Service
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NOI – Notice of Intent
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NOE – No ExposureN
NHPA – National Historic Preservation Act
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NOT – Notice of Termination
NPDES – National Pollutant Discharge Elimination System
NRC – National Response Center
NRHP – National Register of Historic Places
NSPS – New Source Performance Standard
NTU – Nephelometric Turbidity Unit
OMB – U. S. Office of Management and Budget
ORW – Outstanding Resource Water
OSM – U. S. Office of Surface Mining
POTW – Publicly Owned Treatment Works
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RCRA – Resource Conservation and Recovery Act
RQ – Reportable Quantity
SARA – Superfund Amendments and Reauthorization Act
SDS – Safety Data Sheet
SHPO – State Historic Preservation Officer
SIC – Standard Industrial Classification
SMCRA – Surface Mining Control and Reclamation Act
SPCC – Spill Prevention, Control, and Countermeasures
SWPPP – Stormwater Pollution Prevention Plan
THPO – Tribal Historic Preservation Officer
TMDL – Total Maximum Daily Load
TSDF – Treatment, Storage, or Disposal Facility
TSS – Total Suspended Solids
USGS – United States Geological Survey
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WQS – Water Quality Standard . 16
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WLA – Wasteload Allocation
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B-1
Appendix B - Standard Permit Conditions.
Standard permit conditions in Appendix B are consistent with the general permit provisions
required under 40 CFR 122.41.
B.1
Duty To Comply.
You must comply with all conditions of this permit. Any permit noncompliance constitutes a
violation of the Clean Water Act and is grounds for enforcement action; for permit termination,
revocation and reissuance, or modification; or for denial of a permit renewal application.
A.
You must comply with effluent standards or prohibitions established under section 307(a) of
the Clean Water Act for toxic pollutants within the time provided in the regulations that
establish these standards, even if the permit has not yet been modified to incorporate the
requirement.
B.
Penalties for Violations of Permit Conditions: The Director will adjust the civil and
administrative penalties listed below in accordance with the Civil Monetary Penalty Inflation
Adjustment Rule (61 FR 252, December 31, 1996, pp. 69359-69366, as corrected in 62 FR 54,
March 20, 1997, pp.13514-13517) as mandated by the Debt Collection Improvement Act of
1996 for inflation on a periodic basis. This rule allows EPA’s penalties to keep pace with
inflation. The Agency is required to review its penalties at least once every 4 years thereafter
and to adjust them as necessary for inflation according to a specified formula. The civil and
administrative penalties following were adjusted for inflation starting in 1996.
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vieprovides that any person who negligently
1.1 Negligent Violations. The CWA
24,
violates permit conditions implementing Sections 301, 302, 306, 307, 308, 318,
or 405 of the Act is subject to criminal penalties of not less than $2,500 nor
-10
6$25,000 per day of violation, or imprisonment of not more than
more than
o. 1
one year, or both. In the case of a second or subsequent conviction for a
N
negligent violation, a person shall be subject to criminal penalties of not
1. Criminal Penalties.
more than $50,000 per day of violation or by imprisonment of not more than
two years, or both.
1.2.
Knowing Violations. The CWA provides that any person who knowingly
violates permit conditions implementing Sections 301, 302, 306, 307, 308, 318,
or 405 of the Act is subject to a fine of not less than $5,000 nor more than
$50,000 per day of violation, or by imprisonment for not more than 3 years,
or both. In the case of a second or subsequent conviction for a knowing
violation, a person shall be subject to criminal penalties of not more than
$100,000 per day of violation, or imprisonment of not more than 6 years, or
both.
1.3.
Knowing Endangerment. The CWA provides that any person who knowingly
violates permit conditions implementing Sections 301, 302, 306, 307, 308, 318,
or 405 of the Act and who knows at that time that he or she is placing
another person in imminent danger of death or serious bodily injury shall
upon conviction be subject to a fine of not more than $250,000 or by
imprisonment of not more than 15 years, or both. In the case of a second or
subsequent conviction for a knowing endangerment violation, a person
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Multi-Sector General Permit (MSGP)
shall be subject to a fine of not more than $500,000 or by imprisonment of
not more than 30 years, or both. An organization, as defined in section
309(c)(3)(B)(iii) of the Act, shall, upon conviction of violating the imminent
danger provision be subject to a fine of not more than $1,000,000 and can
fined up to $2,000,000 for second or subsequent convictions.
1.4.
False Statement. The CWA provides that any person who falsifies, tampers
with, or knowingly renders inaccurate any monitoring device or method
required to be maintained under this permit shall, upon conviction, be
punished by a fine of not more than $10,000, or by imprisonment for not
more than 2 years, or both. If a conviction of a person is for a violation
committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than $20,000 per day of violation, or by
imprisonment of not more than 4 years, or both. The Act further provides
that any person who knowingly makes any false statement, representation,
or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of
compliance or non-compliance shall, upon conviction, be punished by a
fine of not more than $10,000 per violation, or by imprisonment for not more
than 6 months per violation, or by both.
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2. Civil Penalties. The CWA provides that any person who violates a permit condition
implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act is subject to a
civil penalty not to exceed the maximum amounts authorized by Section 309(d) of
the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. § 2461
note) as amended by the Debt Collection Improvement Act (31 U.S.C. § 3701 note)
(currently $37,500 per day for each violation).
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3. Administrative Penalties. The CWA provides that any person who violates a permit
condition implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act is
subject to an administrative penalty, as follows
o. I 1 Not to exceed the maximum amounts authorized by Section
3.1. N
Class Penalty.
309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment
Act (28 U.S.C. § 2461 note) as amended by the Debt Collection
Improvement Act (31 U.S.C. § 3701 note) (currently $16,000 per violation,
with the maximum amount of any Class I penalty assessed not to exceed
$37,500).
3.2.
B.2
Class II Penalty. Not to exceed the maximum amounts authorized by
Section 309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation
Adjustment Act (28 U.S.C. § 2461 note) as amended by the Debt Collection
Improvement Act (31 U.S.C. § 3701 note) (currently $11,000 per day for each
day during which the violation continues, with the maximum amount of any
Class II penalty not to exceed $177,500).
Duty to Reapply.
If you wish to continue an activity regulated by this permit after the expiration date of this permit,
you must apply for and obtain authorization as required by the new permit once EPA issues it.
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B.3
Need to Halt or Reduce Activity Not a Defense.
It shall not be a defense for you in an enforcement action that it would have been necessary to
halt or reduce the permitted activity in order to maintain compliance with the conditions of this
permit.
B.4
Duty to Mitigate.
You must take all reasonable steps to minimize or prevent any discharge in violation of this
permit which has a reasonable likelihood of adversely affecting human health or the
environment.
B.5
Proper Operation and Maintenance.
You must at all times properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) which are installed or used by you to achieve compliance
with the conditions of this permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the
operation of backup or auxiliary facilities or similar systems which are installed by you only when
the operation is necessary to achieve compliance with the conditions of this permit.
6
9/1Your filing of a
This permit may be modified, revoked and reissued, or terminated for cause.
2/1
request for a permit modification, revocation and reissuance, 1 termination, or a notification of
or
planned changes or anticipated noncompliance does ed
wnot stay any permit condition.
e
B.7 Property Rights.
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024
This permit does not convey any property rights of any sort, or any exclusive privileges.
6-1
B.8 Duty to Provide Information.
o. 1
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You must furnish to EPA or an authorized representative (including an authorized contractor
B.6
Permit Actions.
acting as a representative of EPA), within a reasonable time, any information which EPA may
request to determine whether cause exists for modifying, revoking and reissuing, or terminating
this permit or to determine compliance with this permit. You must also furnish to EPA or an
authorized representative upon request, copies of records required to be kept by this permit.
B.9
Inspection and Entry.
You must allow EPA or an authorized representative (including an authorized contractor acting
as a representative of EPA), upon presentation of credentials and other documents as may be
required by law, to:
A.
Enter upon your premises where a regulated facility or activity is located or conducted, or
where records must be kept under the conditions of this permit;
B.
Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
C.
Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
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Multi-Sector General Permit (MSGP)
D.
Sample or monitor at reasonable times, for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
B.10 Monitoring and Records.
A.
Samples and measurements taken for the purpose of monitoring must be representative of
the volume and nature of the monitored activity.
B.
You must retain records of all monitoring information, including all calibration and
maintenance records and all original strip chart recordings for continuous monitoring
instrumentation, copies of all reports required by this permit, and records of all data used to
complete the application for this permit, for a period of at least three years from the date
the permit expires or the date the permittee’s authorization is terminated. This period may
be extended by request of EPA at any time.
C.
Records of monitoring information must include:
1. The date, exact place, and time of sampling or measurements;
2. The individual(s) who performed the sampling or measurements;
3. The date(s) analyses were performed
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5. The analytical techniques or methods used; and
102 to test procedures approved under 40 CFR Part
Monitoring must be conducted according
16- have been specified in the permit.
136, unless other test procedures
o.
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The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
6. The results of such analyses.
D.
E.
renders inaccurate any monitoring device or method required to be maintained under this
permit shall, upon conviction, be punished by a fine of not more than $10,000, or by
imprisonment for not more than 2 years, or both. If a conviction of a person is for a violation
committed after a first conviction of such person under this paragraph, punishment is a fine
of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years,
or both.
B.11 Signatory Requirements.
A.
NOIs, NOTs, and NOEs must be signed as follows:
1. For a corporation: By a responsible corporate officer. For the purpose of this
subsection, a responsible corporate officer means: (i) a president, secretary,
treasurer, or vice-president of the corporation in charge of a principal business
function, or any other person who performs similar policy- or decision-making
functions for the corporation, or (ii) the manager of one or more manufacturing,
production, or operating facilities, provided, the manager is authorized to make
management decisions which govern the operation of the regulated facility
including having the explicit or implicit duty of making major capital investment
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recommendations, and initiating and directing other comprehensive measures to
assure long term environmental compliance with environmental laws and
regulations; the manager can ensure that the necessary systems are established or
actions taken to gather complete and accurate information for permit application
requirements; and where authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
2. For a partnership or sole proprietorship: By a general partner or the proprietor,
respectively; or
3. For a municipality, state, federal, or other public agency: By either a principal
executive officer or ranking elected official. For purposes of this subsection, a
principal executive officer of a federal agency includes (i) the chief executive officer
of the agency, or (ii) a senior executive officer having responsibility for the overall
operations of a principal geographic unit of the agency (e.g., Regional Administrator
of EPA).
B.
Your SWPPP, including changes to your SWPPP to document any corrective actions taken
as required by Part 3.1, and any other compliance documentation required under this
permit, including the Annual Report, DMRs, inspection reports, and corrective action
reports, must be signed by a person described in Appendix B, Subsection 11.A above or by
a duly authorized representative of that person. A person is a duly authorized representative
only if:
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1. The authorization is made in writing by a person described in Appendix B, Subsection
11.A;
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2. The authorization specifies either an individual or a position having responsibility for
the overall operation of the regulated facility or activity such as the position of plant
manager, operator of a well or a well field, superintendent, position of equivalent
responsibility, or an individual or position having overall responsibility for
environmental matters for the company. (A duly authorized representative may thus
be either a named individual or any individual occupying a named position); and
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3. The signed and dated written authorization is included in the SWPPP. A copy must be
submitted to EPA, if requested.
C.
All other changes to your SWPPP, and other compliance documentation required under
Part 5.4, must be signed and dated by the person preparing the change or documentation.
D.
Changes to Authorization. If an authorization under Part 1.3.1.3 is no longer accurate
because the industrial facility has been purchased by a different entity, a new NOI satisfying
the requirements of Part 1.3 must be submitted to EPA. See Table 1-2 in Part 1.3.1.1 of the
permit. However, if the only change that is occurring is a change in contact information or
a change in the facility’s address, the operator need only make a modification to the
existing NOI submitted for authorization.
E.
Any person signing documents in accordance with Appendix B, Subsections 11.A or 11.B
above must include the following certification:
“I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gathered and evaluated the
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information contained therein. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering the
information, the information contained is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations.”
F.
For persons signing documents electronically, in addition to meeting other applicable
requirements in Appendix I, Subsection B.11, such signatures must be legally dependable
with no less evidentiary value than their paper equivalent.
G.
The CWA provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than 6 months per violation, or by both.
B.12 Reporting Requirements.
A.
B.
Planned changes. You must give notice to EPA as soon as possible, but no fewer than 30
days, of any planned physical alterations or additions to the permitted facility. Notice is
required only when:
6
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1. The alteration or addition to a permitted facility may meet one of
2/1
determining whether a facility is a new source in 401 122.29(b); or
CFR
ed the nature or increase the
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2. The alteration or addition could significantly change
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quantity of pollutants discharged. This notification applies to pollutants which are
subject neither to effluent limitations in the permit, nor to notification requirements
24,
0
under 40 CFR 122.42(a)(1).
6-1
Anticipated noncompliance. You must give advance notice to EPA of any planned
o. 1 facility or activity which may result in noncompliance with permit
N
changes in the permitted
requirements.
C.
Transfers. This permit is not transferable to any person except after notice to EPA. Where a
facility wants to change the name of the permittee, the original permittee (the first owner or
operators) must submit a Notice of Termination pursuant to Part 1.4. The new owner or
operator must submit a Notice of Intent in accordance with Part 1.3.1 and Table 1-2. See
also requirements in Appendix B, Subsections 11.B and 11.D.
D.
Monitoring reports. Monitoring results must be reported at the intervals specified elsewhere
in this permit.
1. Pursuant to Part 7.1, all monitoring data collected pursuant to Part 6 must be
submitted to EPA using EPA’s online DMR system (http://www.epa.gov/netdmr/).
2. If you monitor any pollutant more frequently than required by the permit using test
procedures approved under 40 CFR Part 136 or as specified in the permit, the results
of this monitoring must be included in the calculation and reporting of the data
submitted in the DMR.
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3. Calculations for all limitations which require averaging of measurements must use an
arithmetic mean. For averaging purposes, use a value of zero for any individual
sample parameter, which is determined to be less than the method detection limit.
For sample values that fall between the method detection level and the quantitation
limit (i.e., a confirmed detection but below the level that can be reliably quantified),
use a value halfway between zero and the quantitation limit.
E.
Compliance schedules. Reports of compliance or noncompliance with, or any progress
reports on, interim and final requirements contained in any compliance schedule of this
permit must be submitted no later than 14 days following each schedule date.
F.
Twenty-four hour reporting.
1. You must report any noncompliance which may endanger health or the
environment. Any information must be provided orally within 24 hours from the time
you become aware of the circumstances. A written submission must also be provided
within five days of the time you become aware of the circumstances. The written
submission must contain a description of the noncompliance and its cause; the
period of noncompliance, including exact dates and times, and if the
noncompliance has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.
2.
/16
9reported within 24 hours
The following shall be included as information which must1
12/ be
under this paragraph.
ed any effluent limitation in the
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a.
Any unanticipated bypass which exceeds
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permit. (See 40 CFR 122.41(m)(3)(ii))
24, any effluent limitation in the permit
0
b.
Any upset which exceeds
6-1
c.
Violation of a maximum daily discharge limit for any numeric effluent
o. 1 (See 40 CFR 122.44(g).)
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limitation.
3. EPA may waive the written report on a case-by-case basis for reports under
Appendix B, Subsection 12.F.2 if the oral report has been received within 24 hours.
G.
Other noncompliance. You must report all instances of noncompliance not reported under
Appendix B, Subsections 12.D, 12.E, and 12.F, at the time monitoring reports are submitted.
The reports must contain the information listed in Appendix B, Subsection 12.F.
H.
Other information. Where you become aware that you failed to submit any relevant facts in
your NOI, or submitted incorrect information in your NOI or in any report to the Permitting
Authority, you must promptly submit such facts or information.
B.13 Bypass.
A.
Definitions.
1. Bypass means the intentional diversion of waste streams from any portion of a
treatment facility See 40 CFR 122.41(m)(1)(i).
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2. Severe property damage means substantial physical damage to property, damage
to the treatment facilities which causes them to become inoperable, or substantial
and permanent loss of natural resources which can reasonably be expected to
occur in the absence of a bypass. Severe property damage does not mean
economic loss caused by delays in production. See 40 CFR 122.41(m)(1)(ii).
B.
Bypass not exceeding limitations. You may allow any bypass to occur which does not cause
effluent limitations to be exceeded, but only if it also is for essential maintenance to assure
efficient operation. These bypasses are not subject to the provisions of Appendix B,
Subsections 13.C and 13.D. See 40 CFR 122.41(m)(2).
C.
Notice.
1. Anticipated bypass. If you know in advance of the need for a bypass, you must
submit prior notice, if possible at least ten days before the date of the bypass. See 40
CFR 122.41(m)(3)(i).
2. Unanticipated bypass. You must submit notice of an unanticipated bypass as
required in Appendix B, Subsection 12.F (24-hour notice). See 40 CFR 122.41(m)(3)(ii).
D.
Prohibition of bypass. See 40 CFR 122.41(m)(4).
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1. Bypass is prohibited, and EPA may take enforcement action against you for bypass,
unless:
a.
b.
2
dof1 personal injury, or severe
Bypass was unavoidable to prevent loss
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property damage;
e
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There were no feasible alternatives
024
auxiliary treatment facilities, retention of untreated wastes, or maintenance
6-1
during normal periods of equipment downtime. This condition is not satisfied
1
if o.
adequate back-up equipment should have been installed in the exercise
N reasonable engineering judgment to prevent a bypass which occurred
of
during normal periods of equipment downtime or preventive maintenance;
and
c.
You submitted notices as required under Appendix B, Subsection 13.C.
2. EPA may approve an anticipated bypass, after considering its adverse effects, if EPA
determines that it will meet the three conditions listed above in Appendix B,
Subsection 13.D.1.
B.14 Upset.
A.
Definition. Upset means an exceptional incident in which there is unintentional and
temporary noncompliance with technology based permit effluent limitations because of
factors beyond your reasonable control. An upset does not include noncompliance to the
extent caused by operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventive maintenance, or careless or improper operation. See
40 CFR 122.41(n)(1).
B.
Effect of an upset. An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the requirements
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of Appendix B, Subsection 14.C are met. No determination made during administrative
review of claims that noncompliance was caused by upset, and before an action for
noncompliance, is final administrative action subject to judicial review. See 40 CFR
122.41(n)(2).
C.
Conditions necessary for a demonstration of upset. See 40 CFR 122.41(n)(3). A permittee
who wishes to establish the affirmative defense of upset must demonstrate, through
properly signed, contemporaneous operating logs, or other relevant evidence that:
1. An upset occurred and that you can identify the cause(s) of the upset;
2. The permitted facility was at the time being properly operated; and
3. You submitted notice of the upset as required in Appendix B, Subsection 12.F.2.b (24
hour notice).
4. You complied with any remedial measures required under Appendix B, Subsection 4.
D.
Burden of proof. In any enforcement proceeding, you, as the one seeking to establish the
occurrence of an upset, have the burden of proof. See 40 CFR 122.41(n)(4).
6
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Copies of the SWPPP and all documentation required by this permit, 1
including
used to complete the NOI to be covered by this permit, must be retained for at least three years
12/ may be extended by
from the date that permit coverage expires or is terminated. This period
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request of EPA at any time.
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B.16 Reopener Clause.
24,
10
A. Procedures for modification or revocation. Permit modification or revocation will be
6-CFR §122.62, §122.63, §122.64 and §124.5.
conducted according to 40
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B.15 Retention of Records.
B.
Water quality protection. If there is evidence indicating that the stormwater discharges
authorized by this permit cause, have the reasonable potential to cause or contribute to an
excursion above any applicable water quality standard, you may be required to obtain an
individual permit in accordance with Part 1.3.3 of this permit, or the permit may be modified
to include different limitations and/or requirements.
C.
Timing of permit modification. EPA may elect to modify the permit prior to its expiration
(rather than waiting for the new permit cycle) to comply with any new statutory or
regulatory requirements, such as for effluent limitation guidelines that may be promulgated
in the course of the current permit cycle.
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C-1
Appendix C - Permit Areas Eligible for Coverage.
EPA can only provide permit coverage in these areas and for classes of discharges that are
outside the scope of a state’s NPDES program authorization.
C.1
EPA Region 1: Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, Vermont.
This permit offers NPDES permit coverage for stormwater discharges associated with industrial
activity from the following areas in EPA Region 1:
Master Permit
Number
CTR05I000
MAR050000
MAR05I000
NHR050000
RIR05I000
VTR05F000
Areas of Coverage/Where EPA Is Permitting Authority
Indian Country within the State of Connecticut
Commonwealth of Massachusetts, except Indian country
Indian country within the Commonwealth of Massachusetts
State of New Hampshire
Indian country within the State of Rhode Island
Areas in the State of Vermont subject to industrial activity by a Federal
Operator
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For stormwater discharges in EPA Region 1 outside the areas of coverage identified above,
please contact your state NPDES permitting authority to obtain coverage under a state-issued
NPDES permit.
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C.2 EPA Region 2: New Jersey, New York, Puerto Rico, e
wVirgin Islands.
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This permit offers NPDES permit coverage for stormwater discharges associated with industrial
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activity from the following areas in EPA Region 2:
024
Master Permit
6-1 of Coverage/Where EPA Is Permitting Authority
Number
o. 1 Areasof Puerto Rico
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PRR050000
Commonwealth
For stormwater discharges in EPA Region 2 outside the areas of coverage identified above,
please contact your state NPDES permitting authority to obtain coverage under a state-issued
NPDES permit.
C.3
EPA Region 3: Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West
Virginia.
This permit offers NPDES permit coverage for stormwater discharges associated with industrial
activity from the following areas in EPA Region 3:
Master Permit
Number
DCR050000
DER05F000
Areas of Coverage/Where EPA Is Permitting Authority
District of Columbia
Areas in the State of Delaware subject to industrial activity by a Federal
Operator
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For stormwater discharges in EPA Region 3 outside the areas of coverage identified above,
please contact your state NPDES permitting authority to obtain coverage under a state-issued
NPDES permit.
C.4
EPA Region 4: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South
Carolina, Tennessee (Coverage not available under this permit).
For stormwater discharges in EPA Region 4, please contact your state NPDES permitting authority
to obtain coverage under a state-issued NPDES permit.
C.5
EPA Region 5: Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin.
This permit offers NPDES permit coverage for stormwater discharges associated with industrial
activity from the following areas in EPA Region 5:
Master Permit
Number
MIR05I000
MNR05I000
WIR05I000
Areas of Coverage/Where EPA Is Permitting Authority
Indian country within the State of Michigan
Indian country within the State of Minnesota
Indian country within the State of Wisconsin (except for facilities on
Sokaogon Chippewa Community lands and Bad River Band of Lake
Superior Tribe of Chippewa Indians lands, see EPA Region 5 for an
individual permit application).
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For stormwater discharges in EPA Region 5 outside the areas of coverage identified above,
please contact your state NPDES permitting authority to obtain coverage under a state-issued
NPDES permit.
C.6
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EPA Region 6: Arkansas, Louisiana, Oklahoma, Texas, and New Mexico (except see Region
9 for Navajo lands, and see Region 8 for Ute Mountain Reservation lands).
o. 1
N
This permit offers NPDES permit coverage for stormwater discharges associated with industrial
activity from the following areas in EPA Region 6:
Master Permit
Number
Areas of Coverage/Where EPA Is Permitting Authority
LAR05I000
Indian country within the State of Louisiana
NMR050000
The State of New Mexico, except Indian country
NMR05I000
Indian country within the State of New Mexico, except Ute Mountain
Reservation lands that are covered under Colorado permit COR05I000 and
Navajo Reservation lands that are covered under Arizona permit AZR05I000
OKR05I000
Indian country within the State of Oklahoma
OKR05F000
Facilities in the State of Oklahoma not under the jurisdiction of the
Oklahoma Department of Environmental Quality or the Oklahoma
Department of Agriculture, Food and Forestry, except those on Indian
Country. EPA jurisdiction facilities include SIC Codes 1311, 1381, 1382, 1389,
and 5171.
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Multi-Sector General Permit (MSGP)
Master Permit
Number
Areas of Coverage/Where EPA Is Permitting Authority
TXR05F000
Facilities in the State of Texas not under the jurisdiction of the Texas
Commission on Environmental Quality, except those on Indian Country. EPAjurisdiction facilities include SIC Codes 1311, 1321, 1381, 1382, 1389, and
5171 (other than oil field service company “home base” facilities).
TXR05I000
Indian country within the State of Texas
For stormwater discharges in EPA Region 6 outside the areas of coverage identified above,
please contact your state NPDES permitting authority to obtain coverage under a state-issued
NPDES permit.
C.7
EPA Region 7: Iowa, Kansas, Missouri, Nebraska (except see Region 8 for Pine Ridge
Reservation Lands).
This permit offer NPDES permit coverage for stormwater discharges associated with industrial
activity from the following areas in EPA Region 7:
Master Permit
Number
IAR05I000
KSR05I000
NER05I000
Areas of Coverage/Where EPA Is Permitting Authority
Indian country within the State of Iowa
Indian country within the State of Kansas
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Indian country within the State of Nebraska, except Pine Ridge Reservation
lands (see Region 8)
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For stormwater discharges in EPA Region 7 outside the areas of coverage identified above,
please contact your state NPDES permitting authority to obtain coverage under a state-issued
NPDES permit.
C.8
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EPA Region 8: Colorado, Montana, North Dakota, South Dakota, Wyoming, Utah (except
see Region 9 for Goshute Reservation and Navajo Reservation Lands), the Ute Mountain
Reservation in NM, and the Pine Ridge Reservation in NE.
This permit offers NPDES permit coverage for stormwater discharges associated with industrial
activity from the following areas in EPA Region 8:
Master Permit
Number
COR05F000
COR05I000
MTR05I000
NDR05I000
Areas of Coverage/Where EPA Is Permitting Authority
Areas in the State of Colorado, except those located on Indian country,
subject to industrial activity by a Federal Operator
Indian country within the State of Colorado, as well as the portion of the
Ute Mountain Reservation located in New Mexico
Indian country within the State of Montana
Indian country within the State of North Dakota, as well as that portion of
the Standing Rock Reservation located in South Dakota (except for
the portion of the lands within the former boundaries of the Lake Traverse
Reservation, which is covered under South Dakota permit SDR05I000 listed
below)
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Multi-Sector General Permit (MSGP)
Master Permit
Number
SDR05I000
UTR05I000
WYR05I000
Areas of Coverage/Where EPA Is Permitting Authority
Indian country within the State of South Dakota, as well as the portion of
the Pine Ridge Reservation located in Nebraska and the portion of the
lands within the former boundaries of the Lake Traverse Reservation
located in North Dakota (except for the Standing Rock Reservation, which
is covered under North Dakota permit NDR05I000 listed above)
Indian country within the State of Utah, except Goshute and Navajo
Reservation lands (see Region 9)
Indian country within the State of Wyoming
For stormwater discharges in EPA Region 8 outside the areas of coverage identified above,
please contact your state NPDES permitting authority to obtain coverage under a state-issued
NPDES permit.
C.9
EPA Region 9: California, Hawaii, Nevada, Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, the Confederated Tribes of the Goshute Reservation in Utah
and Nevada, Indian Country within the State of Arizona including the Navajo Reservation in
Utah and New Mexico and Arizona, the Duck Valley Reservation in Idaho, and the Fort
McDermitt Reservation in Oregon.
6
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This permit offers NPDES permit coverage for stormwater discharges associated with industrial
activity from the following areas in EPA Region 9:
Master Permit
Number
ASR050000
AZR05I000
CAR05I000
GUR050000
JAR050000
MWR050000
MPR050000
NVR05I000
12
dEPA Is Permitting Authority
e
Areas of Coverage/Where
ew
American Samoa
, vi
Indian country within the State of Arizona, including Navajo Reservation
lands in New Mexico and Utah
024the State of California
Indian country within
6-1
Island of Guam
o. 1 Atoll
NJohnstonIsland and Wake Island
Midway
Commonwealth of the Northern Mariana Islands
Indian country within the State of Nevada, including the Duck Valley
Reservation in Idaho, the Fort McDermitt Reservation in Oregon and the
Confederated Tribes of the Goshute Reservation in Utah
For stormwater discharges in EPA Region 9 outside the areas of coverage identified above,
please contact your state NPDES permitting authority to obtain coverage under a state-issued
NPDES permit.
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Multi-Sector General Permit (MSGP)
C.10 Region 10: Alaska, Idaho (except see Region 9 for Duck Valley Reservation lands), Oregon
(except see Region 9 for Fort McDermitt Reservation), Washington.
This permit offers NPDES permit coverage for stormwater discharges associated with industrial
activity from the following areas in EPA Region 10:
Master Permit
Number
AKR05F000
AKR05I000
IDR050000
IDR05I000
ORR05I000
WAR05I000
WAR05F000
Areas of Coverage/Where EPA Is Permitting Authority
Denali National Park and Preserve
Indian country lands as defined in 18 U.S.C. 1151 within the State of Alaska
The State of Idaho, except Indian country lands
Indian country lands within the State of Idaho, except Duck Valley
Reservation lands, which are covered under Nevada permit NVR05I000
Indian country lands within the State of Oregon, except Fort McDermitt
Reservation lands, which are covered under Nevada permit NVR05I000
Indian country lands within the State of Washington
Areas in the State of Washington, except those located on Indian country
lands, subject to industrial activity by a Federal Operator
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For stormwater discharges in EPA Region 10 outside the areas of coverage identified above,
please contact your state NPDES permitting authority to obtain coverage under a state-issued
NPDES permit.
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Multi-Sector General Permit (MSGP)
D-1
Appendix D - Facilities and Activities Covered
Your permit eligibility is limited to discharges from facilities in the “sectors” of industrial activity
summarized in Table D-1. These sector descriptions are based on Standard Industrial
Classification (SIC) Codes and Industrial Activity Codes. References to “sectors” in this permit
(e.g., sector-specific monitoring requirements) refer to these groupings.
Table D-1. Sectors of Industrial Activity Covered by This Permit
Subsector
(May be subject
to more than one
sector/subsector)
SIC Code or
Activity Code1
Activity Represented
SECTOR A: TIMBER PRODUCTS
A1
2421
General Sawmills and Planing Mills
A2
2491
Wood Preserving
A3
2411
Log Storage and Handling
2426
Hardwood Dimension and Flooring Mills
2429
Special Product Sawmills, Not Elsewhere Classified
2431-2439
(except 2434)
12
dElsewhere Classified
2449
Wood Containers, e
Not
ew Mobile Homes
2451, 2452
Wood Buildings and
, vi Wood Products
2493
Reconstituted
024Products, Not Elsewhere Classified
2499 -1 Wood
.2441 6 Nailed and Lock Corner Wood Boxes and Shook
o 1 B: PAPER AND ALLIED PRODUCTS
N SECTOR
B2
Wood Pallets and Skids
2631
Paperboard Mills
Pulp Mills
2621
B1
2448
2611
A4
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Millwork, Veneer, Plywood, and Structural Wood (see Sector
W)
Paper Mills
2652-2657
Paperboard Containers and Boxes
2671-2679
Converted Paper and Paperboard Products, Except
Containers and Boxes
SECTOR C: CHEMICALS AND ALLIED PRODUCTS
C1
2873-2879
Agricultural Chemicals
C2
2812-2819
Industrial Inorganic Chemicals
C3
2841-2844
Soaps, Detergents, and Cleaning Preparations; Perfumes,
Cosmetics, and Other Toilet Preparations
C4
2821-2824
Plastics Materials and Synthetic Resins, Synthetic Rubber,
Cellulosic and Other Manmade Fibers Except Glass
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Multi-Sector General Permit (MSGP)
Table D-1. Sectors of Industrial Activity Covered by This Permit
Subsector
(May be subject
to more than one
sector/subsector)
SIC Code or
Activity Code1
2833-2836
2851
C5
Activity Represented
Medicinal Chemicals and Botanical Products;
Pharmaceutical Preparations; in vitro and in vivo Diagnostic
Substances; and Biological Products, Except Diagnostic
Substances
Paints, Varnishes, Lacquers, Enamels, and Allied Products
2861-2869
Industrial Organic Chemicals
2891-2899
Miscellaneous Chemical Products
Inks and Paints, Including China Painting Enamels, India Ink,
3952
Drawing Ink, Platinum Paints for Burnt Wood or Leather Work,
(limited to list of
Paints for China Painting, Artist’s Paints and Artist’s
inks and paints)
Watercolors
2911
Petroleum Refining
16
9/and Coal
2992, 2999
Miscellaneous Products of Petroleum
2/1
1GYPSUM PRODUCTS
SECTOR E: GLASS, CLAY, CEMENT, CONCRETE,d
e AND
3251-3259
Structural Clay Products
ew
viRelated Products
3261-3269
Pottery,
and
24 Gypsum, and Plaster Products
3271-3275
Concrete,
-10 Glass
3211
Flat
. 16 Glass and Glassware, Pressed or Blown
o
N3221, 3229 Glass Products Made of Purchased Glass
3231
SECTOR D: ASPHALT PAVING AND ROOFING MATERIALS AND LUBRICANTS
D1
D2
E1
E2
E3
2951, 2952
Asphalt Paving and Roofing Materials
3241
Hydraulic Cement
3281
Cut Stone and Stone Products
3291-3299
Abrasive, Asbestos, and Miscellaneous Nonmetallic Mineral
Products
SECTOR F: PRIMARY METALS
F1
3312-3317
Steel Works, Blast Furnaces, and Rolling and Finishing Mills
F2
3321-3325
Iron and Steel Foundries
F3
3351-3357
Rolling, Drawing, and Extruding of Nonferrous Metals
F4
3363-3369
Nonferrous Foundries (Castings)
3331-3339
Primary Smelting and Refining of Nonferrous Metals
F5
3341
3398, 3399
Secondary Smelting and Refining of Nonferrous Metals
Miscellaneous Primary Metal Products
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Multi-Sector General Permit (MSGP)
Table D-1. Sectors of Industrial Activity Covered by This Permit
Subsector
(May be subject
to more than one
sector/subsector)
SIC Code or
Activity Code1
Activity Represented
SECTOR G: METAL MINING (ORE MINING AND DRESSING)
G1
Copper Ore and Mining Dressing Facilities
1011
Iron Ores
1021
Copper Ores
1031
G2
1021
Lead and Zinc Ores
1041, 1044
Gold and Silver Ores
1061
Ferroalloy Ores, Except Vanadium
1081
Metal Mining Services
1094, 1099
Miscellaneous Metal Ores
SECTOR H: COAL MINES AND COAL MINING-RELATED FACILITIES
H1
1221-1241
Coal Mines and Coal Mining-Related Facilities
SECTOR I: OIL AND GAS EXTRACTION
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2
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1381-1389
Oil and Gas Field Services
e
ewAND DRESSING
SECTOR J: MINERAL vi
, MINING and Gravel
1442
Construction Sand
024 Sand
1446 -1 Industrial
.1411 6 Dimension Stone
o 1 Crushed and Broken Stone, Including Rip Rap
N 1422-1429
1311
J1
J2
J3
1321
Natural Gas Liquids
1481
Nonmetallic Minerals Services, Except Fuels
1499
I1
Crude Petroleum and Natural Gas
Miscellaneous Nonmetallic Minerals, Except Fuels
1455, 1459
Clay, Ceramic, and Refractory Materials
1474-1479
Chemical and Fertilizer Mineral Mining
SECTOR K: HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES
K1
HZ
Hazardous Waste Treatment, Storage, or Disposal Facilities,
including those that are operating under interim status or a
permit under subtitle C of RCRA
SECTOR L: LANDFILLS, LAND APPLICATION SITES, AND OPEN DUMPS
L1
LF
All Landfill, Land Application Sites and Open Dumps
L2
LF
All Landfill, Land Application Sites and Open Dumps, except
Municipal Solid Waste Landfill (MSWLF) Areas Closed in
Accordance with 40 CFR 258.60
SECTOR M: AUTOMOBILE SALVAGE YARDS
M1
5015
Automobile Salvage Yards
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Multi-Sector General Permit (MSGP)
Table D-1. Sectors of Industrial Activity Covered by This Permit
Subsector
(May be subject
to more than one
sector/subsector)
SIC Code or
Activity Code1
Activity Represented
SECTOR N: SCRAP RECYCLING FACILITIES
N1
5093
Scrap Recycling and Waste Recycling Facilities except
Source-Separated Recycling
N2
5093
Source-separated Recycling Facility
SECTOR O: STEAM ELECTRIC GENERATING FACILITIES
O1
SE
Steam Electric Generating Facilities, including coal handling
sites
SECTOR P: LAND TRANSPORTATION AND WAREHOUSING
4011, 4013
4111-4173
P1
Railroad Transportation
Local and Highway Passenger Transportation
4212-4231
Motor Freight Transportation and Warehousing
6
9/1
SECTOR Q: WATER TRANSPORTATION /1
12
4412-4499
Water Transportation d
Facilities
e
SECTOR R: SHIP AND BOAT BUILDING AND REPAIRING YARDS
ew
3731, 3732
Ship and Boat Building or Repairing Yards
, vi
SECTOR S: AIR TRANSPORTATION FACILITIES
024
6-1 Air Transportation Facilities
4512-4581
o. 1 SECTOR T: TREATMENT WORKS
N
Treatment Works treating domestic sewage or any other
4311
5171
Q1
R1
S1
T1
United States Postal Service
Petroleum Bulk Stations and Terminals
TW
sewage sludge or wastewater treatment device or system,
used in the storage, treatment, recycling, and reclamation of
municipal or domestic sewage, including land dedicated to
the disposal of sewage sludge that are located within the
confines of the facility, with a design flow of 1.0 mgd or more,
or required to have an approved pretreatment program
under 40 CFR Part 403. Not included are farm lands,
domestic gardens or lands used for sludge management
where sludge is beneficially reused and which are not
physically located in the confines of the facility, or areas that
are in compliance with section 405 of the CWA
SECTOR U: FOOD AND KINDRED PRODUCTS
U1
2041-2048
Grain Mill Products
U2
2074-2079
Fats and Oils Products
2011-2015
Meat Products
2021-2026
Dairy Products
U3
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Multi-Sector General Permit (MSGP)
Table D-1. Sectors of Industrial Activity Covered by This Permit
Subsector
(May be subject
to more than one
sector/subsector)
SIC Code or
Activity Code1
Activity Represented
2032-2038
Canned, Frozen, and Preserved Fruits, Vegetables, and Food
Specialties
2051-2053
Bakery Products
2061-2068
Sugar and Confectionery Products
2082-2087
Beverages
2091-2099
Miscellaneous Food Preparations and Kindred Products
2111-2141
Tobacco Products
SECTOR V: TEXTILE MILLS, APPAREL, AND OTHER FABRIC PRODUCT MANUFACTURING; LEATHER AND
LEATHER PRODUCTS
2211-2299
2311-2399
Apparel and Other Finished Products Made from Fabrics and
Similar Materials
3131-3199
V1
Textile Mill Products
Leather and Leather Products (note: see Sector Z1 for
Leather Tanning and Finishing)
6
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2
d1
2434
Wood Kitchen Cabinets
e
W1
ew
2511-2599
Furniture and Fixtures
, vi AND PUBLISHING
SECTOR X: PRINTING
024 Publishing, and Allied Industries
X1
2711-2796 -1 Printing,
SECTOR Y: RUBBER, MISCELLANEOUS PLASTIC PRODUCTS, AND MISCELLANEOUS MANUFACTURING
. 16
INDUSTRIES
No
SECTOR W: FURNITURE AND FIXTURES
3011
3021
Y1
Tires and Inner Tubes
Rubber and Plastics Footwear
3052, 3053
Gaskets, Packing and Sealing Devices, and Rubber and
Plastic Hoses and Belting
3061, 3069
Fabricated Rubber Products, Not Elsewhere Classified
3081-3089
Miscellaneous Plastics Products
3931
3942-3949
Y2
3951-3955
(except 3952 –
see Sector C)
Musical Instruments
Dolls, Toys, Games, and Sporting and Athletic Goods
Pens, Pencils, and Other Artists’ Materials
3961, 3965
Costume Jewelry, Costume Novelties, Buttons, and
Miscellaneous Notions, Except Precious Metal
3991-3999
Miscellaneous Manufacturing Industries
SECTOR Z: LEATHER TANNING AND FINISHING
Z1
3111
Leather Tanning and Finishing
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Multi-Sector General Permit (MSGP)
Table D-1. Sectors of Industrial Activity Covered by This Permit
Subsector
(May be subject
to more than one
sector/subsector)
SIC Code or
Activity Code1
Activity Represented
SECTOR AA: FABRICATED METAL PRODUCTS
AA1
3411-3499
(except 3479)
3911-3915
AA2
3479
Fabricated Metal Products, Except Machinery and
Transportation Equipment, and Coating, Engraving, and
Allied Services.
Jewelry, Silverware, and Plated Ware
Fabricated Metal Coating and Engraving
SECTOR AB: TRANSPORTATION EQUIPMENT, INDUSTRIAL OR COMMERCIAL MACHINERY
AB1
3511-3599
(except 35713579)
Industrial and Commercial Machinery, Except Computer and
Office Equipment (see Sector AC)
3711-3799
(except 3731,
3732)
Transportation Equipment Except Ship and Boat Building and
Repairing (see Sector R)
6
9/1
3571-3579
Computer and Office Equipment
2/1
1Controlling Instruments;
Measuring, Analyzing, and
d
3812-3873
Photographic and e
Optical Goods, Watches, and Clocks
ew
Electronicvi Electrical Equipment and Components,
and
3612-3699
Except ,
4 Computer Equipment
02NON-CLASSIFIED FACILITIES
SECTOR AD:
6-1 discharges designated by the Director as needing a permit
Other.stormwater
o 1
(see 40 CFR 122.26(a)(9)(i)(C) & (D)) or any facility discharging stormwater
N
associated with industrial activity not described by any of Sectors A-AC. NOTE:
SECTOR AC: ELECTRONIC, ELECTRICAL, PHOTOGRAPHIC, AND OPTICAL GOODS
AC1
AD1
Facilities may not elect to be covered under Sector AD. Only the Director may
assign a facility to Sector AD.
A complete list of SIC Codes (and conversions from the newer North American Industry
Classification System” (NAICS)) can be obtained from the Internet at
www.census.gov/epcd/www/naics.html or in paper form from various locations in the
document titled Handbook of Standard Industrial Classifications, Office of Management and
Budget, 1987.
1
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Multi-Sector General Permit (MSGP)
E-1
Appendix E - Procedures Relating to Endangered Species Protection
E.1
Assessing the Effects of Your Discharges and Discharge-Related Activities
You must follow the procedures in this appendix to determine which of the eligibility
criteria in Part 1.1.4.5 (i.e., criterion A - E), if any, you qualify under, by assessing the potential
effects of applicable stormwater discharges, discharge-related activities, and allowable nonstormwater discharges on listed threatened and endangered species and their designated
critical habitat. In accordance with Part 5.2.6.1 of this permit, you must keep any documentation
that supports your eligibilty determination, including the completed Criterion Selection
Worksheet in Part E.4 of this appendix, with your Stormwater Pollution Prevention Plan (SWPPP).
You must complete your eligibility determination prior to submitting your Notice of Intent (NOI)
for coverage under the MSGP, and must provide all information as required on your NOI form
that supports the Part 1.1.4.5 eligibility criterion you qualify under. Note that if you have
determined that you may be eligible under criterion C, you must submit a completed Criterion C
Eligibility Form to EPA a minimum of 30 days prior to submitting your NOI for permit coverage.
When evaluating the potential effects of your activities, you must consider effects to
listed species or critical habitats within the “action area” of your industrial activity. Action area is
defined in Appendix A of the MSGP as all areas to be affected directly or indirectly by the
federal action and not merely the immediate area involved in the action. This includes areas
beyond the footprint of the facility that are likely to be affected by stormwater discharges,
discharge-related activities, and allowable non-stormwater discharges. For example, discharges
of pollutants into downstream areas can increase the “action area” beyond the footprint of the
facility.
E.2
Eligibility Criterion
102
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As required by Part 1.1.4.5, you must meet one or more of the following five criteria (A - E)
to be eligible for coverage under the permit:
Criterion A.
1
o.listed threatened or endangered species or their designated critical
No federally
N
habitat(s) are likely to occur in the “action area” as defined in Appendix A. To
certify your eligibility under this criterion, you must use the Criterion Selection
Worksheet in Part E.4 of Appendix E. You must also provide a description of the
basis for the criterion you selected on your NOI form and provide documentation
supporting your eligibility determination in your SWPPP.
Criterion B.
Your industrial activity’s discharges and discharge-related activities were already
addressed in another operator’s valid certification of eligibility for your action area
under this permit and there is no reason to believe that federally listed species or
designated critical habitat not considered in the prior certification may be present
or located in the “action area” (e.g., due to a new species listing or critical habitat
designation). To certify your eligibility under this criterion, you must use the Criterion
Selection Worksheet in Part E.4 of Appendix E. There must be no lapse of NPDES
permit coverage in the other operator’s certification. You must also comply with
any additional measures that formed the basis of the other operator's valid
certification of eligibility to ensure that your discharges and discharge-related
activities are protective of listed species and/or critical habitat. You must include in
your NOI the NPDES ID (i.e., permit tracking number) assigned to the other
operator’s authorization under this permit, and a description of the basis for the
criterion selected on your NOI form, including the eligibility criterion selected by the
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Multi-Sector General Permit (MSGP)
other operator’s certification. You must also provide any documentation in your
SWPPP that supports the other operator’s eligibility determination, including any
additional measures that formed the basis of the other operator’s eligibility
determination.
Criterion C. Federally listed threatened or endangered species or their designated critical
habitat(s) are likely to occur in or near your facility’s “action area,” and your
industrial activity’s discharges and discharge-related activities are not likely to
adversely affect listed threatened or endangered species or critical habitat. To
certify your eligibility under this criterion, you must use the Criterion Selection
Worksheet in Part E.4 of Appendix E, including completion of the Criterion C
Eligibility Form, which you must submit to EPA at least 30 days prior to filing your NOI
for permit coverage. After evaluation of your Criterion C Eligibility Form, EPA may
require additional measures that you must implement to avoid or eliminate likely
adverse effects on listed species and critical habitat from discharges and
discharge-related activities. You may submit your NOI for permit coverage 30 days
after submitting to EPA your completed Criterion C Eligibility Form. You must also
provide a description of the basis for the criterion you selected on your NOI form
and provide documentation supporting your eligibility determination in your SWPPP.
Criterion D. Consultation between a Federal Agency and the U.S. Fish and Wildlife Service
and/or the National Marine Fisheries Service under section 7 of the Endangered
Species Act (ESA) has been concluded. Consultations can be either formal or
informal, and would have occurred only as a result of a separate federal action
(e.g., during application for an individual wastewater discharge permit or the
issuance of a wetlands dredge and fill permit), and consultation must have
addressed the effects of the industrial activity’s discharges and discharge-related
activities on all federally listed threatened or endangered species and federally
designated critical habitat. The result of this consultation must be one of the
following:
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102concludes that the action in question (taking into
A biological opinion that
6account. 1
the effects of your facility’s discharges and discharge-related activities)
is not likely to jeopardize the continued existence of listed species, or result in the
No or adverse modification of critical habitat;
destruction
ii. A biological opinion that concludes that the action is likely to jeopardize listed
species or to result in the destruction or adverse modification of critical habitat,
and any recommended reasonable and prudent alternatives or reasonable and
prudent measures are being implemented; or
iii. Written concurrence from the applicable Service(s) with a finding that your
facility’s discharges and discharge-related activities are not likely to adversely
affect listed species or critical habitat.
To certify your eligibility under this criterion, you must use the Criterion Selection
Worksheet in Part E.4 of Appendix E. You must verify that the consultation does not
warrant reinitiation under 50 CFR §402.16. If reinitiation of consultation is required, in
order to be eligible under this criterion you must ensure consultation is reinitiated and
the result of the consultation must be consistent with (i), (ii), or (iii) above.
If eligible, you must also provide supporting documentation for your determination in
your NOI and SWPPP, including the Biological Opinion (or PCTS tracking number) or
concurrence letter.
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Criterion E.
E.3
Your industrial activities are the subject of a permit under section 10 of the ESA, and
this authorization addresses the effects of your facility’s discharges and dischargerelated activities on federally listed species and designated critical habitat. To
certify your eligibility under this criterion, you must use the Criterion Selection
Worksheet in Part E.4 of Appendix E. You must also provide supporting
documentation for your determination in your NOI and SWPPP, including a copy of
the permit from the Services.
Eligibility Compliance
You must comply with any measures that formed the basis of your eligibility determination in Part
1.1.4.5 for the duration of your coverage under the MSGP in order to maintain your eligibility for
coverage under the permit. These measures become permit requirements per Part 2.3.
Documentation of these measures must be kept as part of your SWPPP (see Part 5.2.6.1).
E.4
Criterion Selection Worksheet
Instructions:
You must follow the step-by-step instructions in this worksheet in order to determine your
eligibility under the Part 1.1.4.5 criteria. Alternatively, if you prefer to use a Biological
Evaluation (or its equivalent) in making a determination of your eligibility, you should ensure all
of the information requested below for the criterion you are selecting is fully addressed in such
a document. You must attach this completed document or Biological Evaluation (or
equivalent) to your SWPPP to support your Part 1.1.4.5 eligibility determination.
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2
d 1your eligibility:
e
You may need the following information in order to w
e determine (SWPPP), including information
1) Your facility’s draft Stormwater Pollution Prevention Plan
, vi
on receiving waters.
024 related to your facility’s discharges and
2) Any additional site-specific information
6-1
discharge-related 1
o. activities. threatened species and any designated critical habitat
N
3) The list(s) of endangered and
in your action area, as acquired from the Fish and Wildlife Service and/or the National
Marine Fisheries Services. Directions on how to acquire species lists is described in a
subsequent section below.
Note that much of the information needed to complete this worksheet is also needed in order
to prepare your NOI for permit coverage, and is also information that you must develop as
part of your SWPPP. You may copy and paste any information that is already required and
completed in your SWPPP into this worksheet. (You may also decide to make minor changes
or additions to your SWPPP while filling out the worksheet for clarification purposes or to
address any concerns that are identified below.)
STEP 1: DETERMINE IF THE ELIGIBILITY REQUIREMENTS OF CRITERION B, D, OR E CAN BE MET.
A.
You should first determine whether you are eligible under criterion B (because another
operator has accounted for your action area in their valid certification of eligibility under
the 2015 MSGP), criterion D (because of a previously completed ESA section 7 consultation),
or criterion E (because of a previously issued ESA section 10 permit).
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Multi-Sector General Permit (MSGP)
B.
If your facility is likely to be eligible under criterion B, D or E, you may skip ahead to the
applicable criterion’s requirements to determine if you are eligible. If after completing the
relevant section you find that your facility does not in fact meet criteria B, D, or E (e.g., due
to difference in action area described, lack of analysis of appropriate effects, new listings or
designation of critical habitat), proceed to Step 2 below.
C.
If your facility is not likely to be eligible under criterion B, D or E, you may proceed directly to
Step 2.
Criterion B Eligibility Requirements
If your industrial activities were already addressed in another operator’s valid certification of
eligibility under the current 2015 MSGP, you may be eligible for coverage under criterion B. In order
to be eligible for coverage under criterion B, you must confirm that all the following are true:
You have confirmed that the other operator’s certification of eligibility accounted for your action
area and that the eligibility determination was valid.
There has been no lapse of NPDES permit coverage in the other operator’s certification.
You will comply with all measures that formed the basis of the other operator’s valid certification
of eligibility. List any measures here (or enter “N/A” if none exist):
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If all of the above are true, you may select criterion B on your NOI. You must include in your NOI
the NPDES ID assigned to the other operator’s authorization under this permit, and a description
of the basis for the criterion selected on your NOI form, including the eligibility criterion selected
by the other operator’s certification. You must include this completed worksheet in your SWPPP.
-
If any of the above are not true, you may not select criterion B and must proceed to Step 2. For
example, if there are any listed species in your action area that were not addressed in the other
operator’s certification, you are not eligible under criterion B.
Criterion D Eligibility Requirements
If consultation under section 7 of the ESA has been concluded, you may be eligible for coverage
under criterion D. In order to be eligible or coverage under criterion D, you must confirm that all the
following are true:
A consultation between a federal agency and the U.S. Fish and Wildlife Service and/or the
National Marine Fisheries Service under section 7 of the ESA has been concluded. Consultations can
be either formal or informal, and would have occurred only as a result of a separate federal action
(e.g., during application for an individual wastewater discharge permit or the issuance of a
wetlands dredge and fill permit), and the consultation must have addressed the effects of your
industrial activity’s discharges and discharge-related activities on all federally listed threatened or
endangered species and all designated critical habitat in your action area. The result of this
consultation must be either:
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Multi-Sector General Permit (MSGP)
i.
A biological opinion that concludes that the action in question (taking into account the
effects of your facility’s discharges and discharge-related activities) is not likely to
jeopardize the continued existence of listed species, or result in the destruction or adverse
modification of critical habitat. The biological opinion must have included the effects of
your facility’s discharges a and discharge-related activities on all the listed species and
designated critical habitat in your action area;
ii.
A biological opinion that concludes that the action is likely to jeopardize listed species or to
result in the destruction or adverse modification of critical habitat, and any recommended
reasonable and prudent alternatives or reasonable and prudent measures are being
implemented; or
iii.
Written concurrence (e.g., letter of concurrence) from the applicable Service(s) with a
finding that concludes that your facility’s discharges and discharge-related activities are
not likely to adversely affect listed species or designated critical habitat. The concurrence
letter must have included the effects of your facility’s discharges and discharge-related
activities on all the listed species and designated critical habitat on your species list(s)
acquired from the Service(s) as part of this worksheet.
The consultation does not warrant reinitiation under 50 CFR §402.16; or, if reinitiation of
consultation is required (e.g., due to a new species listing or critical habitat designation; new
information), you have reinitiated the cosultation and the result of the consultation is consistent with
the statements above. Attach a copy of any reinitiation documentation from the Services or other
consulting federal agency.
-
-
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1
If all of the above are true, you may select criterion D on your NOI. You must
12/
description of the basis for the criterion selected on your NOI form and you must include this
completed worksheet in your SWPPP. In both your SWPPP and NOI you must also provide the
ed letter and any other
w
Biological Opinion (or PCTS tracking number) or concurrence
vie
documentation supporting your eligibility determination.
24, select criterion D and must proceed to Step 2. For
If any of the above are not true, you 0 not
- or may
example, if the biological opinion 1 written concurrence did not include the effects of the
discharge or discharge-related activities as described above (e.g., the previous consultation
.of16species or critical habitat in your action area as shown on your
covered some but No
not all
the
species list), or if the consultation is no longer valid (e.g., due to new species listings), you are not
eligible under criterion D.
Criterion E Eligibility Requirements
If your industrial activities are the subject of a permit under section 10 of the ESA, and this
authorization addresses the effects of your facility’s discharges and discharge-related activities on
federally listed species and designated critical habitat in your action area, you may be eligible for
coverage under criterion E. In order to be eligible or coverage under criterion E, you must confirm
that the following is true:
A permit has been issued under section 10 of the ESA. The permit authorization specifically
addresses the effects of your facility’s discharges and discharge-related activities (if applicable) on
all federally-listed species and designated critical habitat in your action area.
Effects of discharge includes, but is not limited to, the analysis of the hydrological, chemical, and biological effects of
the discharge on listed species, their prey, and their habitat, as well as critical habitat, where designated. For example,
the effects analysis would have evaluated whether the various pollutants in the discharge (e.g., TSS, metals) would
adversely affect listed species through exposure to the pollutants, or to their prey or habitat. Effects that look only at
short-term effects unrelated to the stormwater discharge effects to listed species are not sufficient for these purposes.
a
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If the above is true, you may select criterion E on your NOI. You must also provide a description
of the basis for the criterion selected on your NOI form and must include this completed
worksheet in your SWPPP. In both your SWPPP and your NOI you must provide a copy of the
section 10 permit issued by the Services.
-
If the above is not true, you may not select criterion E and must proceed to Step 2. For example,
if a permit has been issued under section 10 of the ESA, but the permit authorization did not
address the effects of your facility’s discharges and/or discharge-related activities on all
federally-listed species and designated critical habitat in your action area, you are not eligible
under criterion E, but you should attach a copy of the permit to the SWPPP for reference.
STEP 2: DETERMINE THE EXTENT OF YOUR ACTION AREA
You must determine whether species listed as either threatened or endangered, or their critical
habitat(s) (see definitions of these terms in Appendix A), are located in your facility’s action area
(i.e., all areas to be affected directly or indirectly by the federal action and not merely the
immediate area involved in the action, including areas beyond the footprint of the facility that are
likely to be affected by stormwater discharges, discharge-related activities, and allowable nonstormwater discharges). Consider the following in determining the action area for your facility:
•
Discharges of pollutants into downstream areas can expand the action area well beyond
the footprint of your facility and the discharge point(s). Take into account the controls you
will be implementing to minimize pollutants and the receiving waterbody characteristics
(e.g., perennial, intermittent, ephemeral) in determining the extent of physical, chemical,
and/or biotic effects of the discharges. All receiving waterbodies that could receive
pollutants from your facility must be included in your action area.
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•
2
d 1determining your action area.
Discharge-related activities must also be accounted for in
e
Discharge-related activities are any activities that cause, contribute to, or result in
ewsource discharges, and measures such as
stormwater and allowable non-stormwater point
,ofvi
the siting, construction, and operation
stormwater controls to control, reduce,
024example, any new or modified stormwater or prevent
pollutants from being discharged. For
controls
-1
that will have noise or16 similar effects, and any disturbances associated with
other
construction of controls, are part of your action area.
o.
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If you have any questions about determining the extent of your action area, you may contact EPA
or the Services for assistance.
You must include a map and a written description of the action area of your facility in Attachment 1
of this appendix. You may choose to include the map that is generated from the FWS’ on-line
mapping tool IPaC (the Information, Planning, and Consultation System) located at
http://ecos.fws.gov/ipac/ (see Step 3 for information about using this tool).
You must proceed to Step 3 below.
STEP 3: DETERMINE IF LISTED THREATENED OR ENDANGERED SPECIES AND/OR CRITICAL
HABITAT ARE PRESENT IN YOUR ACTION AREA.
You must determine whether species listed as either threatened or endangered under the
Endangered Species Act (ESA), and/or their designated critical habitat(s) b, are located in your
facility’s action area. Federally listed species and designated critical habitat are under the purview
of the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS) (together,
“Services”), and in many cases, species and critical habitat lists will need to be acquired from both
Services.
b
See definitions of these terms in Appendix A of the MSGP.
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•
For NMFS species and critical habitat information, use the following webpages, which provide
up-to-date information on listed species
(http://www.nmfs.noaa.gov/pr/species/esa/) and critical habitat
(http://www.nmfs.noaa.gov/pr/species/criticalhabitat.htm). To determine the field office that
corresponds to your facility, go to http://www.nmfs.noaa.gov/ (under the left tab for “Regions”).
For NMFS species in the Greater Atlantic Region, go to
http://www.greateratlantic.fisheries.noaa.gov/protected/section7/guidence/maps/index.html.
•
For FWS species information, use the on-line mapping tool IPaC (the Information, Planning,
and Consultation System) located at http://ecos.fws.gov/ipac/, and follow these steps:
o Select Get Started.
o Select Enter Project Location
o Use an address, city name or other location to zoom into your project area
o Use the zoom feature to see the entire extent of your action area on the screen.
o Use one of the mapping features (e.g., Polygon or line feature) to draw your action.
− For the aquatic portion of your action area, trace the waterbody(ies) with the tool
to characterize your action area.
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− If your proposal will include any upland activities (i.e., discharge-related activities),
or if there is some aspect of your discharge that would potentially result in effects to
terrestrial species, include the corresponding upland areas within your action area.
− When you are done, press Continue.
o
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vie List Request page, and include “(MSGP)” at
Complete the fields on the Official ,
24 Species
the end of the project description.
10
− For Classification, 6- “Water Quality Modification”.
select
.1
− Select theo
appropriate requesting agency/organization type (for most applicants,
N
this should be “Other”).
Select Request an Official Species List
o
Submit the request to acquire an Official Species List, which should show both listed
species as well as any designated critical habitat that are present in the action area in
the previous step.
o
Note: If a link to an Official Species List is not available on the page, follow the web link
of the office(s) indicated, or contact the office directly by mail or phone if a web link is
not shown.
The principle authority for critical habitat designations and associated requirementsis found at 50
CFR Parts 17 and 226. See http://www.access.gpo.gov.
Attach a copy of the species and critical habitat list(s) from the Service(s) to Attachment 2 of this
appendix and use the list(s) to complete the rest of this worksheet. For FWS species, include the full
printout from your IPaC query/Official Species List in Attachment 2. You can include the map from
your IPaC query in Attachment 1.
If after following the steps you have determined that there are no listed species and/or designated
critical habitat in your action area, you may be eligible for coverage under criterion A.
If you have determined that there are or may be listed species and/or designated critical habitat in
your action area, you are not eligible under criterion A and must proceed to Step 4 below.
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Multi-Sector General Permit (MSGP)
Criterion A Eligibility Requirements
In order to be eligible for coverage under criterion A, you must
confirm that the following is true:
I have confirmed there to be no listed species and no critical
habitat in my action area.
Note: For existing dischargers
that have previously obtained
coverage under criterion A, you
must verify whether listed species
and/or critical habitat are
expected to exist in your action
area, as described above.
Please note that if you now find
that your action area overlaps
with listed species or critical
habitat, you must proceed to
Step 4.
-
If the above is true, you may select criterion A on your NOI
form. You must also provide a description of the basis for the
criterion selected on your NOI form. You must include this
completed worksheet in your SWPPP. Note: If your Official
Species List from the USFWS indicated no species or critical
habitat were present in your action area, include the full
consultation tracking code at the top of your Official Species List in your NOI submittal in the
question “Provide a brief summary of the basis for the criterion selected in Appendix E.” If an
Official Species List was not available on IPaC, list the contact date and name of the Service
staff with whom you corresponded to verify no USFWS species or critical habitat were present in
your action area.
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If the above is not true, you may not select criterion A and must proceed to Step 4 to determine
if you can become eligible under criterion C.
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STEP 4: DETERMINE IF YOUR INDUSTRIAL FACILITY’S DISCHARGES OR DISCHARGE-RELATED
ACTIVITIES ARE LIKELY TO ADVERSELY AFFECT LISTED THREATENED OR ENDANGERED
SPECIES OR DESIGNATED CRITICAL HABITAT AND ANY MEASURES THAT MUST BE
IMPLEMENTED TO AVOID ADVERSE EFFECTS
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If in Step 3 you determined that listed species and/or designated critical habitat could exist in your
action area, you must next assess whether your discharges and discharge-related activities are likely
to adversely affect listed threatened or endangered species or designated critical habitat, and
whether any additional measures are necessary to ensure no likely adverse effects. In order to make
a determination of your facility’s likelihood of adverse effects, you must complete the attached
Criterion C Eligibility Form and must submit this form to EPA a minimum of 30 days prior to filing your
NOI for permit coverage. After you submit your Criterion C Eligibility Form, you may be contacted by
EPA with additional measures that you must implement in order to ensure your eligibililty under
criterion C.
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Criterion C Eligibility Form
Instructions:
In order to be eligible for coverage under criterion C, you must complete the following form and
you must submit it to EPA following the instructions in Section VII a minimum of 30 days prior to
filing your NOI for permit coverage. After you submit your form, you may be contacted by EPA
with additional measures (e.g., additional stormwater controls or modifications to your dischargerelated activities) that you must implement in order to ensure your eligibility under criterion C.
If after completing this worksheet you cannot make a determination that your discharges and
discharge-related activities are not likely to adversely affect listed threatened or endangered
species or designated critical habitat, you must submit this completed worksheet to EPA, and you
may not file your NOI for permit coverage until you receive a determination from EPA that your
discharges and/or discharge-related activities are not likely to adversely affect listed species and
critical habitat.
Note: Much of the information needed for this form can be obtained from your draft SWPPP
which will be needed when you file your NOI.
SECTION I. OPERATOR, FACILITY, AND SITE LOCATION INFORMATION.
1) Operator Information
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a) Operator Name: _____________________________________________
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First Name: _________________________ Last Name: _________________________
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Phone Number: ___________________________________
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E-mail: ___________________________________________
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Facility Information . 1
No
a) Facility Name: _____________________________________________
b) Point of Contact
2)
b) Check which of the following applies:
I am seeking coverage under the MSGP as a new discharger or as a new source
I am seeking coverage under the MSGP as an existing discharger and my facility has
modifications to its discharge characteristics (e.g., changes in discharge flow or area
drained, different pollutants) and/or discharge-related activities (e.g., stormwater controls)
Indicate the number of years the facility has been in operation: _________ years
Provide your NPDES ID (i.e., permit tracking number) from your previous MSGP
coverage: ________________
I am seeking coverage under the MSGP as an existing discharger and there are no
modifications to my facility.
Indicate the number of year the facility has been in operation: _________ years
Provide your NPDES ID (i.e., permit tracking number) from your previous MSGP
coverage: ________________
Criterion C Eligibility Form
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c) Facility Address:
Address 1: ___________________________________________________________
Address 2: ___________________________________________________________
City: ________________________________ State: ________ Zip Code: ______________________
d) Identify the primary industrial sector to be covered under the 2015 MSGP:
SIC Code ______ or Primary Activity Code _____
Sector _______ and Subsector ________
e) Identify the sectors of any co-located activities to be covered under the 201r MSGP:
Sector _______ Subsector _______
Sector _______ Subsector _______
Sector _______ Subsector _______
Sector _______ Subsector _______
Sector _______ Subsector _______
Sector _______ Subsector _______
f)
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Estimated area of industrial activity exposed to stormwater: __________________ acres
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g) Provide a general description of the industrial activities that are taking place at this
facility:
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3) Receiving Waters Information
List all the stormwater outfalls from your facility.
For each outfall, provide the following receiving
water information:
Outfall ID
Name of the receiving water
that receives stormwater
from the outfall and/or from
the MS4 that the outfall
discharges to
Design
Capacity
(if known)
Longitude
(decimal
degrees)
___.____
___.____
___.____
___.____
___.____
___.____
___.____
___.____
___.____
Criterion C Eligibility Form
Latitude
(decimal
degrees)
Type of Waterbody
(e.g., lake, pond,
river/stream/creek,
estuarine/marine
water)
___.____
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SECTION II. ACTION AREA
Ensure that your action area is described in Attachment 1, as required in Step 2.
SECTION III. LISTED SPECIES AND CRITICAL HABITAT LIST
Ensure that the listed species and critical habitat list is
included in Attachment 2, as required in Step 3.
Review your species list in Attachment 2, choose one of
the following three statements, and follow the
corresponding instructions:
The species list includes only terrestrial species and/or
their designated critical habitat. No aquatic or aquaticdependent species or their critical habitat are present in
the action area. You may skip to Section IV of this form.
You are not required to fill out Section V.
Note: For the purposes of this permit,
“terrestrial species” would not include
animal or plant species that 1) spends any
portion of its life cycle in a waterbody or
wetland, or 2) if an animal, depends on
prey or habitat that occurs in a waterbody
or wetland. For example, shorebirds,
wading birds, amphibians, and certain
reptiles would not be considered terrestrial
species under this definition. Please also be
aware that some terrestrial animals (e.g.,
certain insects, amphibians) may have an
aquatic egg or larval/juvenile phase.
The species list includes only aquatic and/or aquaticdependent species and/or their designated critical habitat. No terrestrial species or their critical
habitat are present in the action area. You may skip to Section V of this form and are not required to
fill out Section IV.
The species list includes both terrestrial and aquatic or aquatic-dependent species and/or their
designated critical habitat. You must fill out both Sections IV and V of this form.
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SECTION IV. EVALUATION OF DISCHARGE-RELATED ACTIVITIES EFFECTS
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Note: You are only required to fill out this section if your facility’s action area contains terrestrial
species and/or their designated critical habitat. If your action area only contains aquatic and/or
aquatic-dependent species and/or their designated critical habitat, you can skip directly to
Section V.
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Most of the potential effects related to coverage under the MSGP are assumed to occur to aquatic
and/or aquatic-dependent species. However, in some cases, potential effects to terrestrial species
and/or their critical habitat should be considered as well from any discharge-related activities that
occur during coverage under the MSGP. Examples of discharge-related activities that could have
potential effects on listed terrestrial species or their critical habitat include the storage of materials
and land disturbances associated with stormwater management-related activities (e.g., the
installation or placement of stormwater control measures).
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A. Select the applicable statement(s) below and follow the corresponding instructions:
There are no discharge-related activities that are planned to occur during my coverage under
the MSGP. You can conclude that your discharge-related activities will have no likely adverse
effects, and:
-
If there are any aquatic or aquatic-dependent species and/or their critical habitat in your
action area, you must skip to Section V, Evaluation of Discharge Effects, below.
-
If there are no aquatic or aquatic-dependent species you may skip to Section VI and verify that
your activities will have no likely adverse effects. You must submit this form to EPA as specified in
Section VII of this form. You may select criterion C on your NOI form and may submit your NOI for
permit coverage 30 days after you have submitted this Criterion C Eligibility Form. You must also
provide a description of the basis for the criterion you selected on your NOI form, including the
species and critical habitat list(s) in your action area, as well as any other documentation
supporting your eligibility. You must also include this completed Criterion C Eligiblity Form in your
SWPPP.
Criterion C Eligibility Form
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There are discharge-related activities planned as part of the proposal. Describe your dischargerelated activities in the following box and continue to (b) below.
Describe discharge-related activities:
B. In order to ensure any discharge-related activities will have no likely adverse effects on listed
species and/or their designated critical habitat, you must certify that all the following are true:
Discharge-related activities will occur:
• on previously cleared/developed areas of the site where maintenance and operation of
the facility are currently occurring or where existing conditions of the area(s) in which the
discharge-related activities will occur precludes its use by listed species (e.g., work on
existing impervious surfaces, work occurring inside buildings, area is not used by species),
and
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2
d 1 of structures (including, but not
e
• if discharge-related activities will include the establishment
ewany related disturbances, these
limited to, infiltration ponds and other controls) or
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structures and/or disturbances will be sited in areas that will not result in isolation or
degradation of nesting, breeding, or foraging habitat or other habitat functions for listed
024 habitat), and will avoid the destruction of
animal species (or their designated critical
6-1 plant species).
native vegetation (including listed
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If vegetation removal (e.g., brush clearing) or other similar activities will occur, no terrestrial listed
species that use these areas for habitat would be expected to be present during vegetation
removal.
If all the above are true, you can conclude that your discharge-related activities will have no likely
adverse effects, and:
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If there are any aquatic or aquatic-dependent species and/or critical habitat in your action
area, you must skip to Section V, Evaluation of Discharge Effects, below.
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If there are no aquatic or aquatic-dependent species you may skip to Section VI and verify that
your activities will have no likely adverse effects. You must submit this form to EPA as specified in
Section VII of this form. You may select criterion C on your NOI and may submit your NOI for
permit coverage 30 days after you have submitted this completed form. You must also provide
a description of the basis for the criterion you selected on your NOI form, including the species
and critical habitat list(s), and any other documentation supporting your eligibility. You must also
include this completed Criterion C Eligibility Form in your SWPPP.
-
If any of the above are not true, you cannot conclude that your discharge-related activities will
have no likely adverse effects. You must complete the rest of this form (if applicable), and must
submit the form to EPA for assistance in determining your eligibility for coverage.
Criterion C Eligibility Form
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SECTION V. EVALUATION OF DISCHARGE EFFECTS
Note: You are only required to fill out this section if your facility’s action area includes aquatic and/or
aquatic-dependent species and/or their critical habitat.
In this section, you will evaluate the likelihood of adverse effects from your facility’s discharges. The
scope of effects to consider will vary with each facility and species/critical habitat characteristics.
The following are examples of discharge effects you should consider:
•
Hydrological Effects. Stormwater discharges may adversely affect receiving waters from
pollutant parameters such as turbidity, temperature, salinity, or pH. These effects will vary
with the amount of stormwater discharged and the volume and condition of the receiving
water. Where a stormwater discharge constitutes a minute portion of the total volume of
the receiving water, adverse hydrological effects are less likely.
•
Toxicity of Pollutants. Pollutants in stormwater may have toxic effects on listed species and
may adversely affect critical habitat. Exceedances of benchmarks, effluent limitation
guidelines, or state or tribal water quality requirements may be indicative of potential
adverse effects on listed species or critical habitat. However, some listed species may be
adversely affected at pollutant concentrations below benchmarks, effluent limitation
guidelines, and state or tribal water quality standards. In addition, stormwater pollutants
identified in Part 5.2.3.2 of your SWPPP, but not monitored as benchmarks or effluent
limitation guidelines, may also adversely affect listed species and critical habitat.
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As these effects are difficult to analyze for listed species, their prey, habitat, and designated critical
habitat, this form helps you to analyze your discharges and make a determination of whether your
discharges will have likely adverse effects and whether there are any additional controls you can
implement to ensure no likely adverse effects.
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A. Evaluation of Pollutants and Controls to Avoid Adverse Effects. In this section, you must document all of your
pollutant sources and pollutants expected to be discharged in stormwater. You must also document the controls you will
implement to avoid adverse effects on listed aquatic and aquatic-dependent species. You must include specific details
about the expected effectiveness of the controls in avoiding adverse effects to the listed aquatic-and aquatic-dependent
species. Attach additional pages if needed.
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Potential Pollutant Source
e.g., vehicle and
equipment fueling
Criterion C Eligibility Form
Potential Pollutants
e.g.,
• Oil & grease
• Diesel
• Gasoline
• TSS
• Antifreeze
Controls to Avoid Adverse Effects on Listed Aquatic and
Aquatic-Dependent Species. Include information supporting
why the control(s) will ensure no adverse effects, including any
data you have about the effectiveness of the control(s) in
reducing pollutant concentrations. You may also attach photos
of your controls to this form.
e.g.,
• Fueling operators (including the transfer of fuel from
tank trucks) will be conducted on an impervious or
contained pad or under cover
• Drip pans will be used where leaks or spills of fuel
can occur and where making and breaking hose
connections
• Spill kit will be kept on-site in close proximity to
potential spill areas
• Any spills will be cleaned-up immediately using dry
clean up methods
• Stormwater runoff will be diverted around fueling
areas using diversion dikes and curbing
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Controls to Avoid Adverse Effects on Listed Aquatic and
Aquatic-Dependent Species.
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Controls to Avoid Adverse Effects on Listed Aquatic and
Aquatic-Dependent Species.
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Check if you are not able to make a preliminary determination that any of your pollutants will be controlled
to a level necessary to avoid adverse effects on aquatic and/or aquatic-dependent listed species and their
designated critical habitat. You must check in Section VI that you are unable to make a determination of no
likely adverse effects, and must complete the rest of the form. You must submit your completed form to EPA for
assistance in determining your eligibility for coverage.
Criterion C Eligibility Form
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B. Analysis of Effects Based on Past Monitoring Data. Select which of the following applies to your facility:
I have no previous monitoring data for my facility because there are no applicable monitoring requirements
for my facility’s sector(s).
I have no previous monitoring data for my facility because I am a new discharger or a new source, but I am
subject to monitoring under the 2015 MSGP. You must provide information to support a conclusion that your
facility’s discharges are not expected to result in benchmark or numeric effluent limit exceedances that will
adversely affect listed species or their critical habitat:
My facility has not had any exceedances under the 2008 MSGP of any required benchmark(s) or numeric
effluent limits.
My facility has had exceedances of one or more benchmark(s) or numeric effluent limits under the 2008
MSGP, but I have addressed them during my coverage under the 2008 MSGP, or in my evaluation of controls to
avoid adverse effects in (A) above. Describe all actions (including specific controls) that you will implement to
ensure that the pollutants in your discharge(s) will not result in likely adverse effects from future exceedances.
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Check if your facility has had exceedances of one or more benchmarks or numeric effluent limits under the
2008 MSGP and you have not been able to address them to avoid adverse effects from future exceedances, or
if you are a new discharger or a new source but you are not sure if you can avoid adverse effects from possible
exceedances. You must check in Section VI that you are unable to make a determination of no likely adverse
effects. You must submit your completed form to EPA for assistance in determining your eligibility for coverage.
You may not file your NOI for permit coverage until you are able to make a determination that your discharges
will avoid adverse effects on listed species and designated critical habitat.
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SECTION VI VERIFICATION OF PRELIMINARY EFFECTS DETERMINATION
Based on Steps I – V of this form, you must verify your preliminary determination of effects on listed
species and designated critical habitat from your discharges and/or discharge-related activities :
Following the applicable Steps in I – V above, I have made a preliminary determination that my
discharges and/or discharge-related activities are not likely to adversely affect listed species and
designated critical habitats.
Following the applicable Steps in I – V above, I am not able to make a preliminary determination
that my discharges and/or discharge-related activities are not likely to adversely affect listed
species and designated critical habitats.
Certification Information
I certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gathered and evaluated the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the information,
the information submitted is, to the best of my knowledge and belief, true, accurate, and complete.
Criterion C Eligibility Form
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I am aware that there are significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations.
First Name, Middle
Initial, Last Name:
Title:
Signature: ____________________________________________________________________________
Date:
/
/
E-mail:
SECTION VII CRITERION C ELIGIBILITY FORM SUBMISSION INSTRUCTIONS
You must submit this completed form to EPA at msgpesa@epa.gov, including any attachments and
any additional information that demonstrates how you will avoid or eliminate adverse effects to
listed species or critical habitat (e.g., specific controls you will implement to avoid or eliminate
adverse effects). Any missing or incomplete information may result in a delay of your coverage
under the permit.
If you have made a preliminary determination that your discharges and/or discharge-related
activities are not likely to adversely affect listed species and critical habitat, this form must be
submitted a minimum of 30 days prior to submitting your NOI for permit coverage under criterion C.
Please note that during either the 30-day Criterion C Eligibility Form review period prior to your NOI
submission, or within 30 days after your NOI submission and before you have been authorized for
permit coverage, EPA may advise you that additional information is needed, or that there are
additional measures you must implement to avoid likely adverse effects.
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If you are unable to make a preliminary determination that your discharges and/or dischargerelated activities are not likely to adversely affect listed species and critical habitat, this worksheet
must be submitted to EPA, but you may not file your NOI for permit coverage until you have
received a determination from EPA that your discharges and/or discharge-related activities are not
likely to adversely affect listed species and critical habitat.
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Criterion C Eligibility Form
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Attachment 1
Include a map and a written description of the action area of your facility, as required in Step 2. You
may choose to include the map that is generated from the FWS’ on-line mapping tool IPaC (the
Information, Planning, and Consultation System) located at http://ecos.fws.gov/ipac/.
The written description of your action area that accompanies your action area map must explain
your rationale for the extant of the action area drawn on your map. For example, your action area
written description may look something like this:
The action area for the (name of your facility)’s stormwater discharges extends downstream
from the outfall(s) in (name of receiving waterbody) (# of meters/feet/kilometers/miles). The
downstream limit of the action area reflects the approximate distance at which the discharge
waters and any pollutants would be expected to cause potential adverse effects to listed
species and/or critical habitat because (insert rationale). The action area does/does not
extend to the (name of receiving waterbody)’s confluence with (name of confluence
waterbody) because (insert rationale).
Note that you action area written description will be highly site-specific, depending on the
expected effects of your facility’s dishcarges and discharge-related activities, receiving waterbody
characteristics, etc.
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Attachment 2
List or attach the listed species and critical habitat in your action area on this sheet, as required in
Step 3. You must include a list for applicable listed NMFS and FWS species and critical habitat. If
there are listed species and/or critical habitat for only one Service, you must include a statement
confirming there are no listed species and/or critical habitat for the other Service. For FWS species,
include the full printout from your IPaC query. Note: If your Official Species List from the USFWS
indicated no species or critical habitat were present in your action area, include the full consultation
tracking code at the top of your Official Species List in your NOI submittal in the question “Provide a
brief summary of the basis for the criterion selected in Appendix E.” If an Official Species List was not
available on IPaC, list the contact date and name of the Service staff with whom you corresponded
to identify the existence of any USFWS species or critical habitat present in your action area.
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Multi-Sector General Permit (MSGP)
F-1
Appendix F - Procedures Relating to Historic Properties Preservation
F.1 Background
Section 106 of the National Historic Preservation
Act (NHPA) requires Federal agencies to take into
account the effects of Federal “undertakings”, such as
the issuance of this permit, on historic properties that are
either listed or eligible for listing on the National Register
of Historic Places. To address any issues relating to historic
properties in connection with the issuance of this permit,
EPA has developed the screening process in this
appendix that enables facility operators to appropriately
consider the potential impacts, if any, from the
installation of stormwater controls that involve subsurface
disturbance, on historic properties and to determine
whether actions can be taken, if applicable, to mitigate
any such impacts. Although the coverage of individual
industrial facilities under this permit does not constitute
separate Federal undertakings, the screening process in
this appendix provides an appropriate site-specific
means of addressing historic property issues in
connection with EPA’s issuance of the permit.
Key Terms
Historic Property – Prehistoric or historic districts,
sites, buildings, structures, or objects that are
included in or eligible for inclusion in the
National Register of Historic Places, including
artifacts, records, and remains that are related
to and located within such properties.
ACHP – Advisory Council on Historic
Preservation; an independent Federal agency.
SHPO – The State Historic Preservation Officer for
a particular state.
THPO or Authorized Tribal Representative – The
Tribal Historic Preservation Officer for a
particular Tribe, or if there is no THPO, the
representative designated by such Tribe for
NHPA purposes. Historic properties could have
significance to more than one Indian tribe;
therefore, all Indian tribes that attach religious
and cultural significance to a historic property
must be identified and included in the historic
properties screening process.
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Before an operator is eligible for coverage under
e
the 2015 MSGP (unless otherwise noted, all references to
ew
“eligible” or “eligibility” refer only to coverage vi
, under the
2015 MSGP), the operator must meet one4 the
of
certification criteria related to historic properties included
102 meet any
in the permit. In the event an operator cannot
16- in the permit relating
of the certification criteria included
o.
to historic properties, the operator must apply for an
N
individual permit.
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Area of Potential Effects (APE) – The geographic
area or areas within which an undertaking may
directly or indirectly cause changes in the
character or use of historic properties, if any
such properties exist. The area of potential
effects is influenced by the scale and nature of
an undertaking and may be different for
different kinds of effects caused by the
undertaking.
You must meet one or more of the four criteria (A-D), which are also included in Part
1.1.4.6, to be eligible for coverage under this permit.
Activities with No Potential to Have an Effect on Historic Properties
A determination that a Federal undertaking has no potential to have an effect on
historic properties fulfills an agency’s obligations under the NHPA. EPA has reason to believe that
the vast majority of activities authorized under the MSGP have no potential to have effects on
historic properties. The purpose of this permit is to control pollutants that may be transported in
stormwater runoff from industrial facilities. EPA does not anticipate effects on historic properties
from the pollutants in the stormwater and allowable non-stormwater discharges from these
industrial facilities. Thus, to the extent EPA’s issuance of this general permit authorizes discharges
of such constituents, confined to existing stormwater channels or natural drainage areas; the
permitting action does not have the potential to cause effects on historic properties.
In addition, the overwhelming majority of sources covered under this permit will be
facilities that are seeking renewal of previous permit coverage. These existing dischargers should
have already addressed NHPA issues in the 2008 MSGP as they were required to certify that they
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Multi-Sector General Permit (MSGP)
were either not affecting historic properties or they had obtained written agreement from the
applicable State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO)
regarding methods of mitigating potential impacts. Both existing and new dischargers must
follow the historic property screening procedures to determine their eligibility. EPA is not aware of
any impacts on historic properties from activities covered under the 2008 MSGP, or, for that
matter, any need for a written agreement. Therefore, to the extent this permit authorizes renewal
of prior coverage without relevant changes in operations, it has no potential to have an effect
on historic properties.
Activities with Potential to Have an Effect on Historic Properties
EPA believes this permit may have some potential to have an effect on historic properties
where permittees construct and/or install stormwater control measures that involve subsurface
disturbance and impact less than one (1) acre of land to comply with this permit. (Ground
disturbances of one (1) acre or more require coverage under a different permit, the
Construction General Permit.) Where you have to disturb the land through the construction
and/or installation of control measures, there is a possibility that artifacts, records, or remains
associated with historic properties could be impacted. Therefore, if you are establishing new or
altering existing control measures to manage your stormwater that will involve subsurface
ground disturbance of less than one (1) acre, you will need to ensure (1) that historic properties
will not be impacted by your activities or (2) that you have consulted with the appropriate SHPO,
THPO, or other tribal representative regarding measures that would mitigate or prevent any
adverse effects on historic properties.
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Examples of Control Measures Which Involve Subsurface Disturbance
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EPA reviewed typical control measures currently employed to determine which practices
involve some level of earth disturbance. The types of control measures that are presumptively
expected to cause subsurface ground disturbance include:
•
•
•
•
•
•
•
•
•
•
•
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Dikes
Berms
Catch Basins
Ponds
Ditches
Trenches
Culverts
Land manipulation: contouring, sloping, and grading
Channels
Perimeter Drains
Swales
EPA cautions dischargers that this list is non-inclusive. Other control measures that involve
earth disturbing activities that are not on this list must also be examined for the potential to
affect historic properties.
Historic Property Screening Process
You should follow the following screening process in order to certify your compliance
with historic property eligibility requirements under this permit (see Part 1.1.4.6). The following four
steps describe how applicants can meet the permit eligibility criteria for protection of historic
properties under this permit:
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Multi-Sector General Permit (MSGP)
Step One: Are you an existing facility that is reapplying for certification under the 2015 MSGP?
If you are an existing facility you should have already addressed NHPA issues. To gain
coverage under the 2008 MSGP you were required to certify that you were either not affecting
historic properties or had obtained written agreement from the relevant SHPO or THPO regarding
methods of mitigating potential impacts. As long as you are not constructing or installing any
new stormwater control measures then you have met eligibility Criterion A of the MSGP. After
you submit your NOI, there is a 30-day waiting period during which the SHPO, THPO, or other
tribal representative may review your NOI. The SHPO, THPO, or other tribal representative may
request that EPA hold up authorization based on concerns about potential adverse impacts to
historic properties. EPA will evaluate any such request and notify you if any additional measures
to address adverse impacts to historic properties are necessary.
If you are an existing facility and will construct or install stormwater control measures that
require subsurface disturbance of less than one (1) acre then you should proceed to Step Three.
(Note: Construction activities disturbing one (1) acre or more are not eligible for coverage under
this permit.)
If you are a new facility then you should proceed to Step Two.
Step Two: Are you constructing or installing any stormwater control measures that require
subsurface disturbance of less than one (1) acre?
16
9/or installing control
1
If, as part of your coverage under this permit, you are not building
12/
measures on your site that cause less than one (1) acre of subsurface disturbance, then your
discharge-related activities do not have the potential to have an effect on historic properties.
ed You have met eligibility Criterion A
You have no further obligations relating to historic ew
vi properties.
of the MSGP. After you submit your NOI, there is a 30-day waiting period during which the SHPO,
THPO, or other tribal representative may review your NOI. The SHPO, THPO, or other tribal
24, authorization based on concerns about potential
0
representative may request that EPA hold up
6-1 EPA will evaluate any such request and notify you if any
adverse impacts to historic 1
. properties.
additional measures to address adverse impacts to historic properties are necessary.
No
If the answer to the Step Two question is yes, then you should proceed to Step Three.
Step Three: Have prior earth disturbances determined that historic properties do not exist, or
have prior disturbances precluded the existence of historic properties?
If previous construction either revealed the absence of historic properties or prior
disturbances preclude the existence of historic properties, then you have no further obligations
relating to historic properties. You have met eligibility Criterion B of the MSGP. After you submit
your NOI, there is a 30-day waiting period during which the SHPO, THPO, or other tribal
representative may review your NOI. The SHPO, THPO, or other tribal representative may request
that EPA hold up authorization based on concerns about potential adverse impacts to historic
properties. EPA will evaluate any such request and notify you if any additional measures to
address adverse impacts to historic properties are necessary.
If the answer to the Step Three question is no, then you should proceed to Step Four.
Step Four: Contact the appropriate historic preservation authorities
Where you are building and/or installing control measures affecting less than one (1)
acre of land to control stormwater or allowable non-stormwater discharges associated with this
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permit, and the answer to Step Three is no, then you should contact the relevant SHPO, THPO, or
other tribal representative to determine the likelihood that artifacts, records, or remains are
potentially present on your site. This may involve examining local records to determine if historic
artifacts have been found in nearby areas, as well as limited surface and subsurface
examination carried out by qualified professionals.
If through this process it is determined that such historic properties potentially exist and
may be impacted by your construction or installation of control measures, you should contact
the relevant SHPO, THPO, or tribal representative in writing and request to discuss mitigation or
prevention of any adverse effects. The letter should describe your facility, the nature and
location of subsurface disturbance activities that are contemplated, any known or suspected
historic properties in the area, and any anticipated effects on such properties. The letter should
state that if the SHPO, THPO, or tribal representative does not respond within 30 days of receiving
your letter, you may submit your NOI without further consultation. EPA encourages applicants to
contact the appropriate authorities as soon as possible in the event of a potential adverse
effect to an historic property.
If the SHPO, THPO, or tribal representative sent you a response within 30 days of receiving
your letter and you enter into, and comply with, a written agreement with the SHPO, THPO, or
other tribal representative regarding how to address any adverse impacts on historic properties,
you have met eligibility Criterion C. In this case, you should retain a copy of the written
agreement consistent with Part 5.1.6.2 of the MSGP. After you submit your NOI, there is a 30-day
waiting period during which the SHPO, THPO, or other tribal representative may review your NOI.
The SHPO, THPO, or other tribal representative may request that EPA delay authorization based
on concerns about potential adverse impacts to historic properties. However, EPA would
generally accept any written agreement as fully addressing such concerns unless new
information was brought to the Agency’s attention that was not considered in your previous
discussions with the SHPO, THPO or other tribal representative.
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If you receive a response within 30 days after the SHPO, THPO, or tribal representative
received your letter and you consult with the SHPO, THPO or tribal representative regarding
adverse impacts to historic properties and measures to mitigate them but an agreement cannot
be reached between you and the SHPO, THPO, or other tribal representative, you have still met
the eligibility for Criterion C. In this case you should include in your SWPPP a brief description of
potential effects to historic properties, the consultation process, any measures you will adopt to
address the potential adverse impacts, and any significant remaining disagreements between
you and the SHPO, THPO or other tribal representative. After you submit your NOI, there is a 30day waiting period during which the SHPO, THPO, or other tribal representative may review your
NOI. The SHPO, THPO, or other tribal representative may request that EPA delay authorization
based on concerns about potential adverse impacts to historic properties. EPA will evaluate any
such request and notify you if any additional measures to address adverse impacts to historic
properties are necessary.
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If you have contacted the SHPO, THPO, or tribal representative in writing regarding your
potential to have an effect on historic properties and the SHPO, THPO, or tribal representative
did not respond within 30 days of receiving your letter, you have met eligibility Criterion D. You
are advised to get a receipt from the post office or other carrier confirming the date on which
your letter was received. In this case, you should submit a copy of your letter notifying the SHPO,
THPO or tribal representative of potential impacts with your NOI. After you submit your NOI, there
is a 30-day waiting period during which the SHPO, THPO, or other tribal representative may
review your NOI. The SHPO, THPO, or other tribal representative may request that EPA hold up
authorization based on concerns about potential adverse impacts to historic properties. EPA will
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evaluate any such request and notify you if any additional measures to address adverse
impacts to historic properties are necessary.
Addresses for State Historic Preservation Officers and Tribal Historic Preservation Officers
may be found on the Advisory Council on Historic Preservation’s website
(www.achp.gov/programs.html). In instances where a Tribe does not have a Tribal Historic
Preservation Officer, you should contact the appropriate Tribal government office when
responding to this permit eligibility condition.
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Appendix G - Notice of Intent (NOI) Form
Part 7.1 requires you to use the NPDES eReporting Tool, or “NeT”, to prepare and submit your
NOI. However, if you are given a waiver by the EPA Regional Office to use a paper NOI form,
and you elect to use it, you must complete and submit the following form.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, DC 20460
NOTICE OF INTENT (NOI) FOR STORMWATER DISCHARGES ASSOCIATED WITH
INDUSTRIAL ACTIVITY UNDER THE NPDES MULTI-SECTOR GENERAL PERMIT
NPDES
FORM
3510-6
Form Approved.
OMB No. 2040-0004
Submission of this Notice of Intent (NOI) constitutes notice that the operator identified in Section C of this form requests authorization to discharge pursuant to
the NPDES Stormwater Multi-Sector General Permit (MSGP) permit number identified in Section B of this form. Submission of this NOI also constitutes notice that
the operator identified in Section C of this form meets the eligibility conditions of Part 1.1 of the MSGP for the facility identified in Section D of this form. To
obtain authorization, you must submit a complete and accurate NOI form. Discharges are not authorized if your NOI is incomplete or inaccurate or if you were
never eligible for permit coverage. Refer to the instructions at the end of this form to complete your NOI.
A. Approval to Use Paper NOI Form
1. Have you been granted a waiver from electronic reporting from the EPA Regional Office*?
YES
NO
If yes, check which waiver you have been granted, the name of the EPA Regional Office staff person who granted the waiver, and the date of approval:
Waiver granted:
The owner/operator’s headquarters is physically located in a geographic area (i.e., ZIP code or census tract) that is identified
as under-served for broadband Internet access in the most recent report from the Federal Communications Commission.
The owner/operator has issues regarding available computer access or computer capability.
Name of EPA staff person that granted the waiver:
/
Date approval obtained:
/
* Note: You are required to obtain approval from the applicable EPA Regional Office prior to using this paper NOI form. If you have not obtained a waiver, you
must file this form electronically using the NPDES eReporting Tool (NeT) at http://water.epa.gov/polwaste/npdes/stormwater/Stormwater-eNOI-System-forEPAs-MultiSector-General-Permit.cfm
B. Permit Information
NPDES ID (EPA Use Only):
1. Master Permit Number:
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(see Appendix C of the MSGP for the list of eligible master permit numbers)
2. Are you a new discharger or a new source as defined in Appendix A?
YES
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NO (If yes, skip to Part C of this form).
3. If you are not a new discharger or a new source, have stormwater discharges from your facility been covered previously under an NPDES permit?
YES
NO
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If yes, provide the NPDES ID if you had coverage under EPA’s 2008 MSGP or the NPDES ID if you had coverage under an EPA
individual permit:
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C. Facility Operator Information
1. Operator Information:
o. 1
N
Operator Name:
Mailing Address:
Street:
City:
State:
ZIP Code:
-
County or Similar Government Subdivision:
Phone:
-
-
Ext.
E-mail:
2. Operator Point of Contact Information:
First Name, Middle Initial, Last Name:
Title:
3. NOI Preparer Information (Complete if NOI was prepared by someone other than the certifier):
First Name, Middle Initial, Last Name:
Organization:
Phone:
-
-
Ext.
E-mail:
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D. Facility Information
1. Facility Name:
2. Facility Address:
Street/Location:
City:
State:
-
ZIP Code:
County or Similar Government Subdivision:
3. Latitude/Longitude for the facility:
Latitude:
Longitude:
___ ___. ___ ___ ___ ___° N (decimal degrees)
Latitude/Longitude Data Source:
Map
___ ___ ___. ___ ___ ___ ___° W (decimal degrees)
GPS
Other
If you used a USGS topographic map, what was the scale? ___________________________________________________________________________________________
Horizontal Reference Datum:
NAD 27
NAD 83
4. Is your facility located on Indian Country lands?
WGS 84
YES
NO
If yes, provide the name of the Indian tribe associated with the area of Indian country (including name of Indian reservation, if applicable):
____________________________________________________________________________
5. Are you requesting coverage under this NOI as a “federal operator” as defined in Appendix A?
6. What is the ownership type of the
facility?
Federal Facility (U.S. Government)
Corporation
NO
Privately Owned Facility
County Government
School District
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Municipal or Water
District
7. Estimated area of industrial activity at your facility exposed to stormwater:
8. Sector-Specific Information
Municipality
Tribal Government
State Government
Mixed Ownership (e.g.
Public/Private)
District
YES
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(to the nearest quarter acre)
Identify the 4-digit Standard Industrial Classification (SIC) code or 2-letter Activity Code that best represents the products produced or services rendered for
which your facility is primarily engaged, as defined in the MSGP, and the applicable sector and subsector of your primary industrial activity (See Appendix D):
Primary SIC Code:
Sector:
OR
Subsector:
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Primary Activity Code:
o. 1
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Identify the applicable sector(s) and subsector(s) of any co-located industrial activity for which you are requesting permit coverage:
Sector:
Subsector:
Sector:
Subsector:
Sector:
Subsector:
Sector:
Subsector:
Sector:
Subsector:
Sector:
Subsector:
If you are a Sector S (Air Transportation) facility, do you anticipate using more than 100,000 gallons of pure glycol in glycol-based deicing fluids and/or 100
tons or more of urea on an average annual basis?
YES
NO
If you are a Sector G (Metal Mining) facility, do you have discharges from waste rock and overburden piles?
Check the type of ore you mine at your facility:
Mercury Ore
Iron Ore
Tungsten Ore
Platinum Ore
9. Is your facility presently inactive and unstaffed?*
YES
Titanium Ore
YES
Nickel Ore
Vanadium Ore
NO
Aluminum Ore
Molybdenum
Uranium, Radium,
and/or Vanadium Ore
NO
* Note that if your facility becomes inactive and unstaffed during the permit term, you must submit an NOI modification to reflect the change.
E. Discharge Information
1. By indicating “Yes” below, I confirm that I understand that the MSGP only authorizes the allowable stormwater discharges in Part 1.1.2 and the allowable
non-stormwater discharges listed in Part 1.1.3. Any discharges not expressly authorized in this permit cannot become authorized or shielded from liability
under CWA section 402(k) by disclosure to EPA, state, or local authorities after issuance of this permit via any means, including the Notice of Intent (NOI) to
be covered by the permit, the Stormwater Pollution Prevention Plan (SWPPP), during an inspection, etc. If any discharges requiring NPDES permit coverage
other than the allowable stormwater and non-stormwater discharges listed in Parts 1.1.2 and 1.1.3 will be discharged, they must be covered under another
NPDES permit.
YES
2. Federal Effluent Limitation Guidelines
Are you requesting permit coverage for any stormwater discharges subject to effluent limitation guidelines?
EPA FORM 3510-6 (Revised 6-2015)
YES
NO
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If yes, which effluent limitation guidelines apply to your stormwater discharges?
40 CFR Part/Subpart
Affected MSGP Sector
New Source Date
Part 411, Subpart C
Runoff from material storage piles at cement
manufacturing facilities
Eligible Discharges
E
2/20/1974
Part 418 Subpart A
Runoff from phosphate fertilizer manufacturing facilities
that comes into contact with any raw materials, finished
product, by-products or waste products (SIC 2874)
C
4/8/1974
Part 423
Coal pile runoff at steam electric generating facilities
O
11/19/1982
10/8/19741
Part 429, Subpart I
Discharges resulting from spray down or intentional wetting
of logs at wet deck storage areas
A
1/26/1981
Part 436, Subpart B, C, or
D
Mine dewatering discharges at crushed stone mines,
construction sand and gravel mines, or industrial sand
mines
J
N/A
Part 443, Subpart A
Runoff from asphalt emulsion facilities
D
7/28/1975
Part 445, Subparts A & B
Runoff from hazardous waste and non-hazardous waste
landfills
K, L
2/2/2000
Part 449
Runoff containing urea from airfield pavement deicing at
existing and new primary airports with 1,000 or more annual
non-propeller aircraft departures
S
Check if Applicable
6/15/2012
1NSPS
promulgated in 1974 were not removed via the 1982 regulation; therefore wastewaters generated by Part 423-applicable sources that were New
Sources under the 1974 regulations are subject to the 1974 NSPS.
3. Receiving Waters Information: (Attach a separate list if necessary)
List all of the stormwater outfalls
from your facility. Each outfall
must be identified by a unique
3-digit ID (e.g., 001, 002). Also
provide the latitude and
longitude in degrees decimal for
each outfall.
Outfall ID
Latitude
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For each outfall, provide the following receiving water information:
Provide the name of the first water of
the U.S. that receives stormwater
directly from the outfall and/or from
the MS4 that the outfall discharges
to:
o. 1
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If the receiving water is
impaired (on the CWA 303(d)
list), list the pollutants that are
causing the impairment:
If a TMDL been completed
for this receiving
waterbody, providing the
following information:
TMDL Name and ID:
Pollutant(s) for which
there is a TMDL:
Longitude
Outfall ID
Latitude
TMDL Name and ID:
Pollutant(s) for which
there is a TMDL:
Longitude
If substantially identical to other outfall, list identical outfall ID: ________________
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TMDL Name and ID:
Outfall ID
Pollutant(s) for which
there is a TMDL:
Latitude
Longitude
If substantially identical to other outfall, list identical outfall ID: ________________
TMDL Name and ID:
Outfall ID
Pollutant(s) for which
there is a TMDL:
Latitude
Longitude
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If substantially identical to other outfall, list identical outfall ID: ________________
Outfall ID
Latitude
Longitude
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TMDL Name and ID:
Pollutant(s) for which
there is a TMDL:
If substantially identical to other outfall, list identical outfall ID: ________________
TMDL Name and ID:
Outfall ID
Latitude
Pollutant(s) for which
there is a TMDL:
Longitude
If substantially identical to other outfall, list identical outfall ID: ________________
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4. Provide the following Information about your outfall latitude longitude:
Latitude/Longitude Data Source:
Map
GPS
Other
If you used a USGS topographic map, what was the scale? ___________________________________________________________________________________________
Horizontal Reference Datum:
NAD 27
NAD 83
WGS 84
5. Does your facility discharge into a Muncipal Separate Storm Sewer System (MS4)?
YES
NO
If yes, provide the name of the MS4 operator:
6. Check if you discharge to any of the waters of the U.S. that are designated by the state or tribal authority under its antidegradation policy as a Tier 2 (or Tier
2.5) water (water quality exceeds levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water) or as a Tier 3
water (Outstanding National Resource Water)? (See Appendix L).
Tier 2/2.5. Provide the name(s) of receiving water(s):
Tier 3 (Outstanding National Resource Waters)*
* Note: You are ineligible for coverage if you are a new discharger or new source to waters designated as Tier 3 (outstanding national resource waters) for
antidegradation purposes under 40 CFR 131.13(a)(3).
7. If you are subject to benchmark monitoring requirements for a hardness-dependent metal, what is the hardness of your receiving water(s) (see Appendix J)?
_________________ (mg/L)
8. If you are subject to benchmark monitoring requirements for a hardness-dependent metal, does your facility discharge into any saltwater receiving waters?
YES
NO
9. Does your facility discharge to a federal CERCLA site listed in Appendix P?
YES
NO
If yes, did you notify the EPA Regional Office in advance of filing your NOI, and did the EPA Regional Office determine that you are eligible for permit
coverage pursuant to Part 1.1.4.10*?
YES
NO
* Note: If you discharge to a federal CERCLA site listed in Appendix P, you are ineligible for coverage under this permit unless you notify the EPA Regional
Office in advance and the EPA Regional Office determines you are eligible coverage under this permit. In determining your eligibility for coverage under this
Part, the EPA Regional Office may evaluate whether you have included adequate controls and/or procedures to ensure that your discharges will not lead to
recontamination of aquatic media at the CERCLA Site such that it will to cause or contribute to an exceedance of a water quality standard.
F. Stormwater Pollution Prevention Plan (SWPPP) Information
1. Has the SWPPP been prepared in advance of filing this NOI, as required?
2. SWPPP Contact Information:
First Name, Middle Initial, Last Name:
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Professional Title:
Phone:
-
E-mail:
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YES
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NO
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Ext.
3. SWPPP Availability:
Your current SWPPP or certain information from your SWPPP must be made available through one of the following two options. Select one of the options and
provide the required information*:
* Note: You are not required to post any confidential business information (CBI) or restricted information (as defined in Appendix A) (such information may be
redacted), but you must clearly identify those portions of the SWPPP that are being withheld from public access.
Option 1: Maintain a current copy of your SWPPP on an Internet page (Universal Resource Locator or URL).
Provide the web address URL:
Option 2: Provide the following information from your SWPPP:
A. Describe your onsite industrial activities exposed to stormwater (e.g., material storage; equipment fueling, maintenance, and cleaning; cutting steel beams),
and potential spill and leak areas:
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B. List the pollutant(s) or pollutant constituent(s) associated with each industrial activity exposed to stormwater that could be discharged in stormwater and any
authorized non-stormwater discharges listed in Part 1.1.3:
C. Describe the control measures you will employ to comply with the non-numeric technology-based effluent limits required in Part 2.1.2 and Part 8, and any
other measures taken to comply with the requirements in Part 2.2 Water Quality-Based Effluent Limitations (see Part 5.2.4):
D. Provide a schedule for good housekeeping and maintenance (see Part 5.2.5.1) and a schedule for all inspections required in Part 4 (see Part 5.2.5.2):
G. Endangered Species Protection
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1. Using the instructions in Appendix E of the MSGP, under which endangered species criterion listed in Part 1.1.4.5 are you eligible for coverage under this
permit (only check 1 box)?*
A
B
C
D
E
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* Note: After you submit your NOI and before your NOI is authorized, EPA may notify you if any additional controls are necessary to ensure your discharges
have no likely adverse affects on listed species and critical habitat.
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2. Provide a brief summary of the basis for the criterion selected in Appendix E (e.g., communication with U.S. Fish and Wildlife Service or National Marine
Fisheries Service to determine no species in action area; implementation of controls approved by EPA and the Services):
o. 1
N
_____________________________________________________________________________________________________________________________________________________
3. If you select criterion B, provide the NPDES ID from the other operator’s NOI authorized under this permit:
4. If you select criterion C, you must answer the following questions:
a. What federally-listed species or designated critical habitat are located in your “action area”:
_________________________________________________________________________________________________________________________________________________
b. Using the Appendix E worksheet, check which of the following is applicable to your facility and answer any corresponding questions:
I submitted my completed Criterion C Eligibility Form to EPA at least 30 days prior to submitting this NOI and agree to implement any additional measures
that were determined by EPA to be necessary to ensure that my discharges and/or discharge-related activities will not have likely adverse affects on
listed species and critical habitat.
Date your Criterion C Eligibilty Form was sent to EPA:
/
/
Describe any EPA-approved measures you will implement to ensure no likely adverse affects on listed species and critical habitat:
_______________________________________________________________________________________________________________________________________________
I submitted my completed Criterion C Eligibility Form to EPA at least 30 days prior to submitting this NOI and have not been notified of any additional
measures necessary to ensure no likely adverse affects on listed species and critical habitat.
Date your Criterion C Eligibility Form was sent to EPA:
/
/
5. If you select criterion D or E, you must attach copies of any letters or other communications with the U.S. Fish and Wildlife Service or National Marine Fisheries
Service.
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H. Historic Preservation
1. If your facility is not located on Indian country lands, is your facility located on a property of religious or cultural significance to an Indian tribe?
YES
NO
If yes, provide the name of the Indian tribe associated with the property: _____
2. Using the instructions in Appendix F of the MSGP, under which historic properties preservation criterion listed in Part 1.1.4.6 are you eligible for coverage
under this permit (only check 1 box)?
A
B
C
D
I. Certification Information
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing
violations.
First Name, Middle Initial, Last Name:
Title:
Signature:
Date:
/
/
E-mail:
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Instructions for Completing EPA Form 3510-6
Notice of Intent (NOI) for Stormwater Discharges
Associated with Industrial Activity Under the NPDES Multi-Sector General Permit
NPDES Form Date (06/15)
This Form Replaces From 3510-6 (09/08)
Form Approved OMB No. 2040-0004
Who Must File an NOI Form
Under section 402(p) of the Clean Water Act (CWA) and regulations
at 40 CFR Part 122, stormwater discharges associated with industrial
activity are prohibited to waters of the United States unless authorized
under a National Pollutant Discharge Elimination System (NPDES)
permit. You can obtain coverage under the MSGP by submitting a
completed Notice of Intent (NOI) if you are an operator a facility:
and e-mail. Correspondence for the NOI will be sent to this address. Also
provide the name and title for the operator point of contact (note that
the point of contact name may be the same as the operator name).
• that is located in a jurisdiction where EPA is the permitting
authority, listed in Appendix C of the MSGP,
• that discharges stormwater associated with industrial activities,
identified in Appendix D of the MSGP,
• that meets the eligibility requirements in Part 1.1 of the permit,
• that has developed a stormwater pollution prevention plan
(SWPPP) in accordance with Part 5 of the MSGP; and
• that installs and implements control measures in accordance
with Part 2 and Part 8 to meet numeric and non-numeric effluent
limits.
Section D. Facility Information
Enter the official or legal name and complete address, including city,
state, ZIP code, and county or similar government subdivision of the
facility. If the facility lacks a street address, indicate the general location
of the facility (e.g., Intersection of State Highways 61 and 34). Complete
facility information must be provided for permit coverage to be
granted.
Completing the Form
Obtain and read a copy of the 2015 MSGP, viewable at
http://water.epa.gov/polwaste/npdes/stormwater/EPA-MultiSector-General-Permit-MSGP.cfm. To complete this form, type or
print, using uppercase 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 clarify your response. Please submit
original document with signature in ink - do not send a photocopied
signature.
If the NOI was prepared by someone other than the certifier (for
example, if the NOI was prepared by the facility SWPPP contact or a
consultant for the certifier’s signature), include the full name,
organization, phone number, and email address of the NOI preparer.
Provide the latitude and longitude of your facility in decimal degrees format.
The latitude and longitude of your facility can be determined in several
different ways, including through the use of global positioning system (GPS)
receivers, U.S. Geological Survey (U.S.G.S.) topographic or quadrangle
maps. Refer to http://transition.fcc.gov/mb/audio/bickel/DDDMMSSdecimal.html/ for assistance in providing the proper latitude/longitude
format. For consistency, EPA requests that measurements be taken from the
approximate center of the facility. Specify which method you used to
determine latitude and longitude. If a U.S.G.S. topographic map is used,
specify the scale of the map used. Enter the horizontal reference datum for
your latitude and longitude. The horizontal reference datum used on USGS
topographic maps is shown on the bottom left corner of USGS topographic
maps; it is also available for GPS receivers.
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Indicate whether the facility is on Indian country lands, and if so, provide
Section A. Approval to Use Paper NOI Form
the name of the Indian tribe associated with the area of Indian country
You must indicate whether you have been granted a waiver from (including name of Indian reservation, if applicable).
electronic reporting from the EPA Regional Office. Note that you are
not authorized to use this paper NOI form unless the EPA Regional Indicate whether you are seeking coverage under this permit as a
Office has approved its use. Where you have obtained approval to “federal operator” as defined in Appendix A. Also check the ownership
use this form, indicate the waiver that you have been granted, the type for the facility (e.g., Federal Facility, Privately Owned Facility,
name of the EPA staff person who granted the waiver, and the date Municipality, County Government, Corporation, State Government,
Tribal Government, School District, District, Mixed Ownership [e.g.,
that approval was provided.
public/private], Municipal or Water District).
See http://water.epa.gov/polwaste/npdes/stormwater/StormwaterEnter the estimated area of industrial activity at your facility exposed to
Contacts.cfm for a list of EPA Regional Office contacts.
stormwaterto the nearest quarter acre.
Section B. Permit Information
Provide the master permit number of the permit under which you are List the four-digit Standard Industrial Classification (SIC) code or two
applying for coverage (see Appendix C of the general permit for the character activity code that best describes the primary industrial
activities performed by your facility under which you are required to
list of eligible master permit numbers).
obtain permit coverage. Your primary industrial activity includes any
You must indicate whether you are a new discharger or a new source activities performed on-site which are (1) identified by the facility’s
(see Appendix A for the definitions). If you are not a new discharger primary SIC code and included in the descriptions of 40 CFR
or a new source, you must indicate whether stormwater discharges 122.26(b)(14)(ii), (iii), (vi), or (viii); or (2) included in the narrative
from your facility have been previously covered under another descriptions of 40 CFR 122.26(b)(14)(i), (iv), (v), (vii), or (ix). See Appendix
NPDES permit. If yes, you must provide the unique NPDES ID (i.e., D of the MSGP for a complete list of SIC codes and activities codes
permit tracking number) for the previous permit your facility was covered under the MSGP. Also provide the applicable sector and
covered under.
subsector associated with the SIC code or activity code for your primary
industrial activities. For a complete list of sector and subsector codes,
Section C. Facility Operator Information
see Appendix D of the MSGP.
Provide the legal name of the person, firm, public organization, or any
other entity that operates the facility described in this NOI. An If your facility has co-located industrial activities that are not identified
operator of a facility is the legal entity that controls the operation of as your primary industrial activity, identify the sector and subsector
the facility. Refer to Appendix A of the permit for the definition of codes that describe these other industrial activities.
“operator”. Provide the operator’s mailing address, phone number,
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Instructions for Completing EPA Form 3510-6
Notice of Intent (NOI) for Stormwater Discharges
Associated with Industrial Activity Under the NPDES Multi-Sector General Permit
NPDES Form Date (06/15)
This Form Replaces From 3510-6 (09/08)
For Sector S facilities (Air Transportation), indicate whether you
anticipate that the entire airport facility will use more than 100,000
gallons of pure glycol in glycol-based deicing fluids and/or 100 tons
or more of urea on an average annual basis. If so, additional effluent
limits and monitoring conditions apply to your discharge (see Part 8.S
of the permit).
Form Approved OMB No. 2040-0004
If you are subject to any benchmark monitoring requirements for metals
(see the requirements applicable to your Sector(s) in Part 8 of the
permit), indicate the hardness for your receiving water(s). See Appendix
J of the permit for information about determining waterbody hardness.
If you are subject to benchmark monitoring requirements for hardnessdependent metals you must also answer whether your facility
For Sector G facilities (Metal Mining), check the type of ore(s) mined discharges into any saltwater receiving waters.
at the facility.
Indicate whether your facility will discharge to a federal CERCLA site
Indicate whether your facility is currently inactive and unstaffed. Note listed in Appendix P. Note that if your facility will discharge into a federal
that if your facility becomes inactive and unstaffed during the permit CERCLA site listed in Appendix P, you are not eligible for coverage under
term, you must submit an NOI modification to reflect the change.
this permit unless you notify the EPA Regional Office in advance and the
EPA Regional Office authorizes overage under this permit after you have
Section E. Discharge Information
included adequate controls and/or procedures designed to ensure that
You must confirm that you understand that the MSGP only authorizes discharges will not lead to recontamination of aquatic media at the
the allowable stormwater discharges listed in Part 1.1.2 and the CERCLA site such that your discharge will cause or contribute to an
allowable non-stormwater discharges listed in Part 1.1.3. Any exceedance of a water quality standard.
discharges not expressly authorized under the MSGP are not covered
by the MSGP or the permit shield provision of the CWA Section 402(k) Section F. Stormwater Pollution Prevention Plan (SWPPP) Information
and they cannot become authorized or shielded by disclosure to All facilities eligible for coverage under this permit are required to
EPA, state, or local authorities via the NOI to be covered by the permit prepare a SWPPP in advance of filing the NOI, in accordance with Part
or by any other means (e.g., in the SWPPP or during an inspection). If 5. Indicate whether the SWPPP has been prepared in advance of filing
any discharges requiring NPDES permit coverage other than the the NOI.
allowable stormwater and non-stormwater discharges listed in Parts
1.1.2 and 1.1.3 will be discharged, they must either be eliminated or Indicate the contact information (name, phone, and email) for the
person who developed the SWPPP for this facility.
covered under another NPDES permit.
Depending on your industrial activities, your facility may be subject to You identify how your SWPPP information will be made available,
federal effluent limitation guidelines which include additional effluent consistent with Part 5.4 and 7.3 of the permit. If you are making your
limits and monitoring requirements for your facility. Please review SWPPP publicly available on a web site, check Option 1 and provide the
these requirements, described in Part 2.1.3 of the MSGP, and check appropriate Internet URL address. If you are not providing a URL, check
Option 2 and provide the selected SWPPP information on this NOI form.
any appropriate boxes on the NOI form.
You may copy and paste this information directly from your SWPPP.
You must identify all the outfalls from your facility that discharge
stormwater. Each outfall must be assigned a unique 3-digit ID (e.g., 001, Section G. Endangered Species Protection
002, 003). You must also provide the latitude and longitude for each Using the instructions in Appendix E, indicate the Part 1.1.4.5 criterion
outfall from your facility. Indicate whether any outfalls are substantially (i.e., A, B, C, D, or E) you are eligible under with regard to the protection
identical to an outfall already listed, and identify the outfall it is identical of federally listed endangered and threatened species and designated
to. For each unique outfall you list, you must specify the name of the critical habitat. A description of the basis for the criterion selected must
first water of the U.S. that receives stormwater directly from the outfall also be provided.
and/or from the MS4 that the outfall discharges to. You must specify
If criterion B is selected, provide the NPDES ID (i.e., permit tracking
whether any receiving waters that you discharge to are listed as
number) for the other operator who has certified their eligibility under
”impaired” as defined in Appendix A, and the pollutants for which the
this permit. The NPDES ID was assigned when the operator received
water is impaired. You must also check identify any Total Maximum
coverage under this permit.
Daily Loads (TMDL) that have been completed for any of the waters of
the U.S. that you discharge to. You must also provide information about If criterion C is selected, you must specify the federally-listed species or
the outfall latitude/longitude, including data source, the scale (if designated critical habitat that are located in the “action area” of the
applicable), and the horizontal reference datum. See the instructions facility. You must also indicate under which scenario you determined
in Section D for more information about determining the latitude and you were eligible to submit your NOI under criterion C using Appendix E,
longitude.
and answer any corresponding questions.
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Identify whether your facility discharges into a Municipal Separate If criterion D or E is selected, attach copies of any communications
Storm Sewer System (MS4). If yes, provide the name of the MS4 between you and the U.S. Fish and Wildlife Service and National Marine
operator. If you are uncertain of the MS4 operator, contact your local Fisheries Service to this NOI.
government for that information.
Section H. Historic Preservation
Indicate whether discharges from the facility will enter into a water of If the project is not located in Indian country lands, indicate whether the
the U.S that is designated as a Tier 2, Tier 2.5, or Tier 3 water. A list of project is located on a property of religious or cultural significance to an
Tier 2, 2.5, and 3 waters is provided as Appendix L. If the answer is Indian tribe, and if so, provide the name of the Indian tribe associated
“yes”, name all waters designated as Tier 2, Tier 2.5, or Tier 3 to which with the property. Use the instructions in Appendix F to complete the
the facility will discharge. Note that you are ineligible for coverage if questions on the NOI form regarding historic preservation.
you are a new discharger or a new source to waters designated as
Tier 3 (outstanding national resource waters) for antidegradation
purposes under 40 CFR 131.13(a)(3).
EPA FORM 3510-6 (Revised 6-2015)
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Instructions for Completing EPA Form 3510-6
Notice of Intent (NOI) for Stormwater Discharges
Associated with Industrial Activity Under the NPDES Multi-Sector General Permit
NPDES Form Date (06/15)
This Form Replaces From 3510-6 (09/08)
Section H. Certification
Certification statement and signature (see Section B.11 of Appendix
B of the MSGP for more information). Enter certifier’s printed name,
title and email address. Sign and date the form. (CAUTION: An
unsigned or undated NOI form will prevent the granting of permit
coverage.) Federal statutes provide for severe penalties for
submitting false information on this application form. Federal
regulations require this application to be signed as follows:
For a corporation: by a responsible corporate officer, which means:
(i) a president, secretary, treasurer, or vice-president of the
corporation in charge of a principal business function, or any other
person who performs similar policy- or decision-making functions for
the corporation, or (ii) the manager of one or more manufacturing,
production, or operating facilities, provided, the manager is
authorized to make management decisions which govern the
operation of the regulated facility including having the explicit or
implicit duty of making major capital investment recommendations,
and initiating and directing other comprehensive measures to assure
long-term environmental compliance with environmental laws and
regulations; the manager can ensure that the necessary systems are
established or actions taken to gather complete and accurate
information for permit application requirements; and where authority
to sign documents has been assigned or delegated to the manager
in accordance with corporate procedures.
Form Approved OMB No. 2040-0004
Paperwork Reduction Act Notice
Public reporting burden for this NOI is estimated to average 3.7 hours,
plus an additional 2 hours for certain respondents required to gather
hardness data. This estimate includes time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
An agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently valid
OMB control number. Send comments regarding the burden estimate,
any other aspect of the collection of information, or suggestions for
improving this form, including any suggestions which may increase or
reduce this burden to: Director, Collection Strategies Division, U.S.
Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW,
Washington, D.C. 20460. Include the OMB control number on any
correspondence. Do not send the completed form to this address.
Submitting Your Form
If you have been granted a waiver from your Regional Office to submit
a paper NOI form, you must send your NOI by mail to one of the
following addresses:
For Regular U.S. Mail Delivery:
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Stormwater Notice Processing Center
Mail Code 4203M, ATTN: 2015 MSGP Reports
U.S. EPA
1200 Pennsylvania Avenue, NW
For a partnership or sole proprietorship: By a general partner or the Washington, DC 20460
proprietor, respectively; or
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For a municipality, state, federal, or other public agency: By either a
principal executive officer or ranking elected official. For purposes of
this Part, a principal executive officer of a federal agency includes (i)
the chief executive officer of the agency, or (ii) a senior executive
officer having responsibility for the overall operations of a principal
geographic unit of the agency (e.g., Regional Administrator of EPA).
Include the name and title of the person signing the form and the
date of signing.
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Stormwater Notice Processing Center
William Jefferson Clinton East Building - Room 7420
ATTN: 2015 MSGP Reports
U.S. EPA
1201 Constitution Avenue, NW
Washington, DC 20004
Visit this website for instructions on how to submit electronically:
http://water.epa.gov/polwaste/npdes/stormwater/Stormwater-eNOIAn unsigned or undated NOI form will not be considered eligible for System-for-EPAs-MultiSector-General-Permit.cfm
permit coverage.
Modifying Your NOI
If you have been granted a waiver from your Regional Office from
electronic reporting, and if after submitting your NOI you need to
correct or update any fields on this NOI form, you may do so by
indicating changes on this same form.
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Multi-Sector General Permit (MSGP)
H-1
Appendix H - Notice of Termination (NOT) Form
Part 7.1 requires you to use the NPDES eReporting Tool, or “NeT”, to prepare and submit your
Notice of Termination (NOT). However, if you are given a waiver by the EPA Regional Office to
use a paper NOT form, and you elect to use it, you must complete and submit the following
form.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, DC 20460
NOTICE OF TERMINATION (NOT) FOR STORMWATER DISCHARGES ASSOCIATED
WITH INDUSTRIAL ACTIVITY UNDER THE NPDES MULTI-SECTOR GENERAL PERMIT
NPDES
FORM
3510-7
Form Approved.
OMB No. 2040-0004
Submission of this Notice of Termination constitutes notice that the operator identified in Section C of this form is no longer authorized to discharge
pursuant to the NPDES Multi-Sector General Permit (MSGP) from the facility identified in Section D of this form. All necessary information must be included
on this form. Refer to the instructions at the end of this form.
A. Approval to use Paper NOT Form
1. Have you been granted a waiver from electronic reporting from the Regional Office*?
YES
NO
If yes, check which waiver you have been granted, the name of the EPA Regional Office staff person who granted the waiver, and the date of
approval:
Waiver granted:
The owner/operator’s headquarters is physically located in a geographic area (i.e., ZIP code or census tract) that is
identified as under-served for broadband Internet access in the most recent report from the Federal Communications
Commission.
The owner/operator has issues regarding available computer access or computer capability.
Name of EPA staff person that granted the waiver:
Date approval obtained:
/
/
* Note: You are required to obtain approval from the applicable Regional Office prior to using this paper NOT form. If you have not obtained a waiver, you
must file this form electronically using the NPDES eReporting Tool (NeT) at http://water.epa.gov/polwaste/npdes/stormwater/Stormwater-eNOI-System-forEPAs-MultiSector-General-Permit.cfm
B. Permit Information
1. NPDES ID:
2. Reason for Termination (check one only):
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A new owner or operator has taken over responsibility for the facility.
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You have ceased operations at the facility, there are not or no longer will be discharges of stormwater associated with industrial activity from the
facility, and you have already implemented necessary sediment and erosion controls as required by Part 2.1.2.5.
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You are a Sector G, H, or J facility and you have met the applicable termination requirements.
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You obtained coverage under an individual or alternative general permit for all discharges required to be covered by an NPDES permit.
C. Facility Operator Information
1. Operator Name:
2. Mailing Address:
Street:
City:
3. Phone:
State:
-
-
ZIP Code:
-
ZIP Code:
-
Ext.
4. E-mail:
D. Facility Information
1. Facility Name:
2. Facility Address:
Street:
City:
State:
County or similar government subdivision:
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E. Certification Information
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations.
First Name, Middle
Initial, Last Name:
Title:
Signature:
_____________________________________________________________________________________
Date:
/
/
E-mail:
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EPA FORM 3510-7 (Revised 06-2015)
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Instructions for Completing EPA Form 3510-7
Notice of Termination for Stormwater Discharges
Associated with Industrial Activity Under the NPDES Multi-Sector General Permit
NPDES Form Date (06/15)
This Form Replaces From 3510-7 (09/08)
Who May File Notice of Termination (NOT) Form
Permittees currently covered by EPA’s NPDES Stormwater MultiSector General must submit a Notice of Termination (NOT) within
30 days after one or more of the following conditions have been
met:
• A new owner or operator has assumed responsibility for the
facility;
• You have ceased operations at the facility and there are not
or no longer will be discharges of stormwater associated with
industrial activity from the facility and you have already
implemented necessary sediment and erosion controls per
Part 2.1.2.5;
• You are a Sector G, H, or J facility and you have met the
applicable termination requirements; or
• You obtained coverage under an individual or alternative
general permit for all discharges required to be covered by
an NPDES permit.
See the MSGP Part 1.3.3 for more information.
Completing the Form
To complete this form, type or print, using uppercase 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 clarify your response. Please submit original document
with signature in ink - do not send a photocopied signature.
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Section B. Permit Information
Enter the existing NPDES ID (i.e., NOI tracking number) assigned to
your permit authorization.
Indicate your reason for submitting this Notice of Termination by
checking the appropriate box. Check only one box (see MSGP
Part 1.3.3 for more information).
Section C. Facility Operator Information
Provide the legal name of the person, firm, public organization,
or any other entity that operates the facility described in this NOT.
An operator of a facility is the legal entity that controls the
operation of the facility. Refer to Appendix A of the permit for the
definition of “operator”. Provide the operator’s mailing address,
phone number, and e-mail.
EPA FORM 3510-7 (Revised 06-2015)
Section D. Facility Information
Enter the official or legal name and complete street address,
including city, state, ZIP code, and county or similar government
subdivision of the facility. If the facility lacks a street address,
indicate the general location of the facility (e.g., Intersection of
State Highways 61 and 34). Complete facility information must be
provided for termination of permit coverage to be valid.
Section E. Certification Information
All NOTs must be signed as follows:
For a corporation: By a responsible corporate officer. For the
purpose of this Section, a responsible corporate officer means:
(i)a president, secretary, treasurer, or vice-president of the
corporation in charge of a principal business function, or any
other person who performs similar policy- or decision-making
functions for the corporation, or (ii) the manager of one or more
manufacturing, production, or operating facilities, provided, the
manager is authorized to make management decisions which
govern the operation of the regulated facility including having
the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other
comprehensive measures to assure long-term environmental
compliance with environmental laws and regulations; the
manager can ensure that the necessary systems are established
or actions taken to gather complete and accurate information
for permit application requirements; and where authority to sign
documents has been assigned or delegated to the manager in
accordance with corporate procedures.
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Section A. Approval to Use Paper NOT Form
You must indicate whether you have been granted a waiver from
electronic reporting from the EPA Regional Office. Note that you
are not authorized to use this paper NOT form unless the EPA
Regional Office has approved its use. Where you have obtained
approval to use this form, indicate the waiver that you have been
granted, the name of the EPA Regional Office staff person who
granted the waiver, and the date that approval was provided.
See
http://water.epa.gov/polwaste/npdes/stormwater/StormwaterContacts.cfm for a list of EPA Regional Office contacts.
Form Approved OMB No. 2040-0004
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For a partnership or sole proprietorship: By a general partner or
the proprietor, respectively; or
For a municipality, state, federal, or other public agency: By either
a principal executive officer or ranking elected official. For
purposes of this Part, a principal executive officer of a federal
agency includes (i) the chief executive officer of the agency, or
(ii) a senior executive officer having responsibility for the overall
operations of a principal geographic unit of the agency (e.g.,
Regional Administrator of EPA). Include the name and title of the
person signing the form and the date of signing.
Include the name, title, and email address of the person signing
the form and the date of signing. An unsigned or undated NOT
form will not be considered valid termination of permit coverage.
Paperwork Reduction Act Notice
Public reporting burden for this Notice of Termination is estimated
to average 0.5 hours, including time for reviewing instructions,
searching existing data sources, gathering and maintaining the
data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate, any
other aspect of the collection of information, or suggestions for
improving this form, including any suggestions which may
increase or reduce this burden to: Director, Collection Strategies
Division, U.S. Environmental Protection Agency (2822T), 1200
Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB
control number of this form on any correspondence. Do not send
the completed NOT form to this address.
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Instructions for Completing EPA Form 3510-7
Notice of Termination for Stormwater Discharges
Associated with Industrial Activity Under the NPDES Multi-Sector General Permit
NPDES Form Date (06/15)
This Form Replaces From 3510-7 (09/08)
Submitting Your Form
If you have been granted a waiver from your Regional Office to
submit a paper NOT form, you must send your NOT by mail to one
of the following addresses:
For Regular U.S. Mail Delivery:
Stormwater Notice Processing Center
Mail Code 4203M, ATTN: 2015 MSGP Reports
U.S. EPA
1200 Pennsylvania Avenue, NW
Washington, DC 20460
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EPA FORM 3510-7 (Revised 06-2015)
Form Approved OMB No. 2040-0004
For Overnight/Express Mail Delivery:
Stormwater Notice Processing Center
William Jefferson Clinton East Building - Room 7420
ATTN: 2015 MSGP Reports
U.S. EPA
1201 Constitution Avenue, NW
Washington, DC 20004
Visit this website for instructions on how to submit electronically:
http://water.epa.gov/polwaste/npdes/stormwater/StormwatereNOI-System-for-EPAs-MultiSector-General-Permit.cfm
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Multi-Sector General Permit (MSGP)
I-1
Appendix I - Annual Report Form
Part 7.1 requires you to use the NPDES eReporting Tool, or “NeT”, to prepare and submit your
Annual Report. However, if you are given a waiver by the EPA Regional Office to use a paper
annual report form, and you elect to use it, you must complete and submit the following form.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, DC 20460
ANNUAL REPORT FOR STORMWATER DISCHARGES ASSOCIATED WITH
INDUSTRIAL ACTIVITY UNDER THE NPDES THE NPDES MULTI-SECTOR GENERAL PERMIT
NPDES
FORM
6100-28
Form Approved.
OMB No. 2040-0004
A. Approval to Use Paper Annual Report Form
1. Have you been granted a waiver from electronic reporting from the EPA Regional Office*?
YES
NO
If yes, check which waiver you have been granted, the name of the EPA Regional Office staff person who granted the waiver, and the date of
approval:
Waiver granted:
The owner/operator’s headquarters is physically located in a geographic area (i.e., ZIP code or census tract) that is
identified as under-served for broadband Internet access in the most recent report from the Federal Communications
Commission.
The owner/operator has issues regarding available computer access or computer capability.
Name of EPA staff person that granted the
waiver:
Date approval
obtained:
/
/
* Note: You are required to obtain approval from the applicable EPA Regional Office prior to using this paper annual report form. If you have not obtained
a waiver, you must file this form electronically using the NPDES eReporting Tool (NeT) at http://water.epa.gov/polwaste/npdes/stormwater/StormwatereNOI-System-for-EPAs-MultiSector-General-Permit.cfm
B. Permit Information
1. NPDES ID:
C. Facility Information
1. Facility Name:
2. Facility Phone:
-
-
Ext.
3. Facility Mailing Address:
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County or Similar Government Subdivision:
4. Point of Contact:
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State:
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ZIP
Code:
-
First Name, Middle Initial, Last Name:
D. General Findings
1. Provide a summary of your past year’s routine facility inspection documentation (see Part 3.1.2 of the permit). In addition, if you are an operator of an
airport facility (Sector S) that is subject to the airport effluent limitations guidelines, and are complying with the MSGP Part 8.S.8.1 effluent limitation through
the use of non-urea-containing deicers, provide a statement certifying that you do not use pavement deicers containing urea (e.g., “Urea was not used at
[name of airport] for pavement deicing in the past year and will also not be used in 2015.” (Note: Operators of airport facilities that are complying with Part
8.S.8.1 by meeting the numeric effluent limitation for ammonia do not need to include this statement.)
EPA FORM 6100-28 (Revised 6-2015)
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2. Provide a summary of your past year’s quarterly visual assessment documentation (see Part 3.2.2 of the permit).
3. For any four-sample (minimum) average benchmark monitoring exceedance, if after reviewing the selection, design, installation, and implementation
of your control measures and considering whether any modifications are necessary to meet the effluent limits in the permit, you determine that no further
pollutant reductions are technologically available and economically practicable and achievable in light of best industry practice, provide your rationale
for why you believe no further reductions are achievable (see Part 6.2.1.2 of the permit). Enter “NA” if not applicable.
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4. Provide a summary of your past year’s corrective action documentation (See Part 4.4 of the permit). (Note: If corrective action is not yet completed at
the time of submission of this annual report, you must describe the status of any outstanding corrective action(s).) Also describe any incidents of
noncompliance in the past year or currently ongoing, or if none, provide a statement that you are in compliance with the permit.
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E. Certification Information
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons
who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge
and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine
and imprisonment for knowing violations.
First Name, Middle Initial, Last Name:
Title:
Signature:
Date:
/
/
E-mail:
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EPA FORM 6100-28 (Revised 6-2015)
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Instructions for Completing the Annual Report Form
Annual Report for Stormwater Discharges
Associated with Industrial Activity Under an NPDES General Permit
Who Must File an Annual Report
Operators must submit an Annual Report to EPA electronically, per
Part 7.5, by January 30th for each year of permit coverage
containing information generated from the past calendar year.
Completing the Form
To complete this form, type or print, using uppercase 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 clarify your response. Please submit original document
with signature in ink - do not send a photocopied signature.
Section A. Approval to Use Paper Annual Report Form
You must indicate whether you have been granted a waiver from
electronic reporting from the EPA Regional Office. Note that you
are not authorized to use this paper form unless the EPA Regional
Office has approved its use. Where you have obtained approval
to use this form, indicate the waiver that you have been granted,
the name of the EPA staff person who granted the waiver, and the
date
that
approval
was
provided.
See
http://water.epa.gov/polwaste/npdes/stormwater/StormwaterContacts.cfm for a list of EPA Regional Office contacts.
Section B. Permit Information
Provide the NPDES ID (i.e., NOI tracking number) assigned to your
facility.
Section C. Facility Information
Enter the official or legal name, phone number, and complete
street address, including city, state, ZIP code, and county or similar
government subdivision, for the facility that is covered by the NPDES
ID identified in Section B. If the facility lacks a street address, indicate
the general location of the facility (e.g., Intersection of State
Highways 61 and 34). Also provide a point of contact name for the
facility.
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For a corporation: By a responsible corporate officer. For the
purpose of this Section, a responsible corporate officer means:
(i) a president, secretary, treasurer, or vice-president of the
corporation in charge of a principal business function, or any other
person who performs similar policy- or decision-making functions for
the corporation, or (ii) the manager of one or more manufacturing,
production, or operating facilities, provided, the manager is
authorized to make management decisions which govern the
operation of the regulated facility including having the explicit or
implicit duty of making major capital investment recommendations,
and initiating and directing other comprehensive measures to
assure long-term environmental compliance with environmental
laws and regulations; the manager can ensure that the necessary
systems are established or actions taken to gather complete and
accurate information for permit application requirements; and
where authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures.
For a partnership or sole proprietorship: By a general partner or the
proprietor, respectively; or
1. A summary of your past year’s routine facility inspection
documentation required by Part 3.1.2 of the permit.
2. A summary of your past year’s quarterly visual assessment
documentation required by Part 3.2.2 of the permit.
3. If, after finding the average of your four monitoring values for
any pollutant exceeds the benchmark, you decide no further
pollutant reductions are technologically available and
economically practicable and achievable in light of best
industry practice, your rationale for why you believe no further
reductions are achievable.
4. Information copied or summarized from the corrective action
documentation required per Part 4.4 (if applicable). If
corrective action is not yet completed at the time of
submission of this Annual Report, you must describe the status
of any outstanding corrective action(s). You must also
describe any incidents of noncompliance in the past year or
currently ongoing, or if none, provide a statement that you are
in compliance with the permit.
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For a municipality, state, federal, or other public agency: By either
a principal executive officer or ranking elected official. For purposes
of this Part, a principal executive officer of a federal agency
includes (i) the chief executive officer of the agency, or (ii) a senior
executive officer having responsibility for the overall operations of a
principal geographic unit of the agency (e.g., Regional
Administrator of EPA). Include the name and title of the person
signing the form and the date of signing.
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Section D. General Findings
To complete this section you must provide the following information
in your annual report:
EPA FORM 6100-28 (Revised 6-2015)
Section E. Certification Information
The Annual Report must be signed by a person described below, or
by a duly authorized representative of that person.
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A person is a duly authorized representative only if:
1. The authorization is made in writing by a person described above;
2. The authorization specifies either an individual or a position having
responsibility for the overall operation of the regulated facility or
activity such as the position of plant manager, operator of a well or
a well field, superintendent, position of equivalent responsibility, or
an individual or position having overall responsibility for
environmental matters for the company, (A duly authorized
representative may thus be either a named individual or any
individual occupying a named position.) and
3. The written authorization is submitted to the Director.
An unsigned or undated Annual Report form be considered
incomplete.
Paperwork Reduction Act Notice
Public reporting burden for this form is estimated to average 2.5
hours per response, including time for reviewing instructions,
searching existing data sources, gathering and maintaining the
data needed, and completing and reviewing the collection of
information. An agency may not conduct or sponsor, and a person
is not required to respond to, a collection of information unless it
displays a currently valid OMB control number. Send comments
regarding the burden estimate, any other aspect of the collection
of information, or suggestions for improving this form, including any
suggestions which may increase or reduce this burden to: Director,
Collection Strategies Division, U.S. Environmental Protection Agency
(2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460.
Include the OMB control number of this form on any
correspondence. Do not send the completed Annual Report form
to this address.
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Instructions for Completing the Annual Report Form
Annual Report for Stormwater Discharges
Associated with Industrial Activity Under an NPDES General Permit
Submitting Your Form
If you have been granted a waiver from your Regional Office to
submit a paper Annual Report form, you must send your Annual
Report form by mail to one of the following addresses:
For Regular U.S. Mail Delivery:
Stormwater Notice Processing Center
Mail Code 4203M, ATTN: 2015 MSGP Reports
U.S. EPA
1200 Pennsylvania Avenue, NW
Washington, DC 20460
Visit this website for instructions on how to submit electronically:
http://water.epa.gov/polwaste/npdes/stormwater/StormwatereNOI-System-for-EPAs-MultiSector-General-Permit.cfm
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EPA FORM 6100-28 (Revised 6-2015)
For Overnight/Express Mail Delivery:
Stormwater Notice Processing Center
William Jefferson Clinton East Building - Room 7420
ATTN: 2015 MSGP Reports
U.S. EPA
1201 Constitution Avenue, NW
Washington, DC 20004
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Multi-Sector General Permit (MSGP)
J-1
Appendix J - Calculating Hardness in Freshwater Receiving Waters for Hardness Dependent
Metals
Overview
For any sectors required to conduct benchmark samples for a hardness-dependent metal, EPA
includes ‘hardness ranges’ from which benchmark values are determined. To determine which
hardness range to use, you must collect data on the hardness of your receiving water(s). Once
the site-specific hardness data have been collected, the corresponding benchmark value for
each metal is determined by comparing where the hardness data fall within hardness ranges, as
shown in Table 1. You only need to determine hardness for your discharges into freshwater as
the benchmark values for metals do not vary for discharges to saline waters.
Table 1. Hardness Ranges to Be Used to Determine Benchmark Values for Cadmium, Copper,
Lead, Nickel, Silver, and Zinc.
All Units mg/L
Benchmark Values (mg/L, total)
Cadmium
Copper
Lead
Nickel
Silver
Zinc
0-24.99 mg/L
0.0005
0.0038
0.014
0.15
0.0007
0.04
25-49.99 mg/L
0.0008
0.0056
0.023
0.20
0.0007
50-74.99 mg/L
0.0013
0.0090
0.045
0.32
0.0017
0.08
75-99.99 mg/L
0.0018
0.0123
0.069
100-124.99 mg/L
0.0023
0.0156
0.095
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0.0030
/1
0.05
0.0046
0.13
125-149.99 mg/L
0.0029
0.0189
0.0065
0.16
150-174.99 mg/L
0.0034
0.71
0.0087
0.18
0.182
0.80
0.0112
0.20
0.213
0.89
0.0138
0.23
0.246
0.98
0.0168
0.25
0.262
1.02
0.0183
0.26
0.0253
24,
0
0.0221
200-224.99 mg/L
0.0045 -1 0.0285
16
225-249.99 mg/L
.0.0050 0.0316
o 0.0053 0.0332
250+ mg/L N
175-199.99 mg/L
0.0039
iew
v0.151
0.122
2
0.52
d1
0.42
e 0.61
0.11
ow to Determine Hardness for Hardness-Dependent Parameters in Freshwater.
How to Determine Hardness for Hardness-Dependent Parameters in Freshwater.
You may select one of three methods to determine hardness, including: individual grab
sampling, grab sampling by a group of operators which discharge to the same receiving water,
or using third-party data. Regardless of the method used, you are responsible for documenting
the procedures used for determining hardness values. The hardness value is required to be
submitted to EPA with your Notice of Intent (NOI) so that your electronic Discharge Monitoring
Report (DMR) which you will submit through NetDMR will include the appropriate limits. You must
retain all report and monitoring data in accordance with Part 7.5 of the permit. The three
method options for determining hardness are detailed in the following sections.
(1) Permittee Samples for Receiving Stream Hardness
This method involves collecting samples in the receiving water and submitting these to a
laboratory for analysis. If you elect to sample your receiving water(s) and submit samples for
analysis, hardness must be determined from the closest intermittent or perennial stream
downstream of your point of discharge. The sample can be collected during either dry or wet
weather. Collection of the sample during wet weather is more representative of conditions
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Multi-Sector General Permit (MSGP)
during stormwater discharges; however, collection of in-stream samples during wet weather
events may be impracticable or present safety issues.
Hardness must be sampled and analyzed using approved methods as described in 40
CFR Part 136 (Guidelines Establishing Test Procedures for the Analysis of Pollutants).
(2) Group Monitoring for Receiving Stream Hardness
You can be part of a group of permittees discharging to the same receiving waters and
collect samples that are representative of the hardness values for all members of the group. In
this scenario, hardness of the receiving water must be determined using 40 CFR Part 136
procedures and the results shared by group members. To use the same results, hardness
measurements must be taken on a stream reach within a reasonable distance of the discharge
points of each of the group members.
(3) Collection of Third-Party Hardness Data
You can submit receiving stream hardness data collected by a third party provided the
results are collected consistent with the approved 40 CFR Part 136 methods. These data may
come from a local water utility, previously conducted stream reports, TMDLs, peer reviewed
literature, other government publications, or data previously collected by the permittee. Data
should be less than 10 years old.
6
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Water quality data for many of the nation’s surface waters are available
2/1
contacting EPA or a state environmental agency. EPA’s data1
system STORET, short for STOrage
and RETrieval, is a repository for receiving water quality, ed
w biological, and physical data and is
used by state environmental agencies, EPA and other federal agencies, universities, private
vie
citizens, and many others. Similarly, state environmental agencies and the U.S. Geological
,available that, in some instances, can be accessed
Service (USGS) also have water quality 24
0 data include: 259 hardness, carbonate; 260 hardness,
online. “Legacy STORET” codes for hardness
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noncarbonated; and 261 calcium + magnesium, while more recent, “Modern STORET” data
codes include: 00900 hardness, 00901 carbonate hardness, and 00902 noncarbonate hardness;
o. 1 of calcium (00915) and magnesium (00925) can be used to
N
or the discrete measurements
calculate hardness. Hardness data historically has been reported as “carbonate,”
“noncarbonate,” or “Ca + Mg.” If these are unavailable, then individual results for calcium (Ca)
and magnesium (Mg) may be used to calculate hardness using the following equation:
mg/L CaCO3 = 2.497 (Ca mg/L) + 4.118 (Mg mg/L)
When interpreting the data for carbonate and non-carbonate hardness, note that total
hardness is equivalent to the sum of carbonate and noncarbonate hardness if both forms are
reported. If only carbonate hardness is reported, it is more than likely that noncarbonate
hardness is absent and the total hardness is equivalent to the available carbonate hardness.
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Multi-Sector General Permit (MSGP)
K-1
Appendix K - No Exposure Certification Form
Part 7.1 requires you to use the NPDES eReporting Tool, or “NeT”, to prepare and submit your No
Exposure Certification (NOE) form. However, if you are given a waiver by the EPA Regional
Office to use a paper NOE form, and you elect to use it, you must complete and submit the
following form.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, DC 20460
NPDES
FORM
3510-11
NO EXPOSURE CERTIFICATION (NOE) FOR EXCLUSION FROM EPA’S MULTI-SECTOR GENERAL PERMIT FOR
STORMWATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY (MSGP)
Form Approved
OMB No. 2040-0004
Submission of this No Exposure Certification constitutes notice that the operator identified in Section C does not require permit authorization under EPA’s
Stormwater Multi Sector General Permit for its stormwater discharges associated with industrial activity from the facility identified in Section D of this form due
to the existence of a condition of no exposure.
A condition of no exposure exists at an industrial facility when all industrial materials and activities are protected by a storm resistant shelter to prevent
exposure to rain, snow, snowmelt, and/or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities,
industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage,
loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product. A storm resistant shelter
is not required for the following industrial materials and activities:
– drums, barrels, tanks, and similar containers that are tightly sealed, provided those containers are not deteriorated and do not leak. “Sealed”
means banded or otherwise secured and without operational taps or valves;
– adequately maintained vehicles used in material handling; and
– final products, other than products that would be mobilized in stormwater discharges (e.g., rock salt).
A No Exposure Certification must be provided for each facility qualifying for the no exposure exclusion. In addition, the exclusion from NPDES permitting is
available on a facility-wide basis only, not for individual outfalls. If any industrial activities or materials are or will be exposed to precipitation, the facility is not
eligible for the no exposure exclusion.
By signing and submitting this No Exposure Certification form, the operator in Section C is certifying that a condition of no exposure exists at its facility or site,
and is obligated to comply with the terms and conditions of 40 CFR 122.26(g).
A. Approval to Use Paper NOE Form
1. Have you been granted a waiver from electronic reporting from the EPA Regional Office*?
YES
NO
If yes, check which waiver you have been granted, the name of the EPA Regional Office staff person who granted the waiver, and the date of approval:
Waiver granted:
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The owner/operator’s headquarters is physically located in a geographic area (i.e., ZIP code or census tract) that is
identified as under-served for broadband Internet access in the most recent report from the Federal Communications
Commission.
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The owner/operator has issues regarding available computer access or computer capability.
Name of EPA staff person that granted the waiver:
/
Date approval obtained:
/
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* Note: You are required to obtain approval from the applicable EPA Regional Office prior to using this paper NOE form. If you have not obtained a waiver,
you must file this form electronically using the NPDES eReporting Tool (NeT) at http://water.epa.gov/polwaste/npdes/stormwater/Stormwater-eNOI-Systemfor-EPAs-MultiSector-General-Permit.cfm
B. Reason for Submission
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Select the purpose for filling out this form (check only 1).
To obtain a new No Exposure Certification. Fill in Sections C, D, E and F.
To discontinue an existing No Exposure Certification. Select this option if you would like to discontinue an existing No Exposure Certification because
your facility is no longer subject to regulation under 40 CFR 122.26 (e.g., the facility has ceased the industrial activity that necessitated the No Exposure
Certification)*. Provide the following information and fill out Section G.
Provide the existing NPDES ID for the No Exposure Certification that
you would like to discontinue:
* Note that if your facility no longer qualifies for the No Exposure Certification because permit coverage is required for exposed industrial materials or
activities, you should not check this box, and must instead file for coverage under the Multi-Sector General Permit or an individual permit. Your No Exposure
Certification will be automatically discontinued after you obtain coverage under the MSGP or an individual permit.
C. Facility Operator Information
1. Operator Name:
2. Mailing Address
Street:
City:
3. Phone:
State:
-
-
ZIP Code:
-
Ext.
4. E-mail:
EPA Form 3510-11 (Revised 06/2015)
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5. Operator Point of Contact Information:
First Name, Middle Initial, Last Name:
Title:
D. Facility Information
1. Facility Name:
2. Facility Address:
Street/Location:
City:
State:
-
ZIP Code:
County or Similar Government Subdivision:
3. Latitude/Longitude for the facility:
Latitude:
Longitude:
___ ___. ___ ___ ___ ___° N (decimal degrees)
Latitude/Longitude Data Source:
Map
GPS
___ ___ ___. ___ ___ ___ ___° W (decimal degrees)
Other:
If you used a USGS topographic map, what was the scale? _________________________________________________________________________________
Horizontal Reference Datum:
NAD 27
NAD 83
WGS 84
4. Is your project/site located on Indian country lands?
YES
NO
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If yes, provide the name of the Indian tribe associated with the area of Indian country (including name of Indian reservation, if applicable):
_________________________________________
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5. Are you a “federal operator” as defined in Appendix A?
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6. What is the ownership type of the facility?
County Government
District
No
Corporation
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YES
NO
Federal Facility (U.S. Government)
State Government
Mixed Ownership (e.g. Public/Private)
Privately Owned Facility
Tribal Government
Municipality
School District
Municipal or Water District
7. Have stormwater discharges from your facility been covered previously under an NPDES permit?
YES
NO
If yes, provide the NPDES ID if you had coverage under EPA’s MSGP or the NPDES
permit number if you had coverage under an EPA individual permit:
8. Has your facility previously been covered by a No Exposure exclusion?
YES
NO
If yes, provide the NPDES ID for your previous No Exposure exclusion:
9. Identify the 4-digit Standard Industrial Classification (SIC) code or 2-letter Activity Code that best represents the products produced or services rendered
for which your facility is primarily engaged, as defined in MSGP:
Primary SIC Code:
OR
Primary Activity Code
10. Total size of site associated with industrial activity:
(to the nearest quarter acre)
11. Have you paved or roofed over a formerly exposed, pervious area in order to qualify for the no exposure exclusion?
YES
NO
If yes, please indicate approximately how much area was paved or roofed over. Completing this question does not disqualify you for the no exposure
exclusion. However, your permitting authority may use this information in considering whether stormwater discharges from your site are likely to have
an adverse impact on water quality, in which case you could be required to obtain permit coverage.
Less than one (1) acre
One (1) to five (5) acres
EPA Form 3510-11 (Revised 06/2015)
More than five (5) acres
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E. Exposure Checklist
Are any of the following materials or activities exposed to precipitation, now or in the foreseeable future?
(Please check either “Yes” or “No” in the appropriate box.) If you answer “Yes” to any of these questions, you are not eligible for the no exposure
exclusion.
Yes
No
Using, storing or cleaning industrial machinery or equipment, and areas where residuals from using, storing or cleaning industrial
machinery or equipment remain and are exposed to stormwater
Materials or residuals on the ground or in stormwater inlets from spills/leaks
Materials or products from past industrial activity
Material handling equipment (except adequately maintained vehicles)
Materials or products during loading/unloading or transporting activities
Materials or products stored outdoors (except final products intended for outside use [e.g., new cars] where
exposure to stormwater does not result in the discharge of pollutants)
Materials contained in open, deteriorated or leaking storage drums, barrels, tanks, and similar containers
Materials or products handled/stored on roads or railways owned or maintained by the discharger
Waste material (except waste in covered, non-leaking containers [e.g., dumpsters])
Application or disposal of process wastewater (unless otherwise permitted)
Particulate matter or visible deposits of residuals from roof stacks and/or vents not otherwise regulated (i.e., under an air quality
control permit) and evident in the stormwater outflow
F. Certification Information
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I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of “no exposure” and obtaining an
exclusion from NPDES stormwater permitting.
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I certify under penalty of law that there are no discharges of stormwater contaminated by exposure to industrial activities or materials from the industrial
facility or site identified in this document (except as allowed under 40 CFR 122.26(g)(2)).
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I understand that I am obligated to submit a no exposure certification form once every five years to the NPDES permitting authority and, if requested, to
the operator of the local municipal separate storm sewer system (MS4) into which the facility discharges (where applicable). I understand that I must allow
the NPDES permitting authority, or MS4 operator where the discharge is into the local MS4, to perform inspections to confirm the condition of no exposure
and to make such inspection reports publicly available upon request. I understand that I must obtain coverage under an NPDES permit prior to any point
source discharge of stormwater from the facility.
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Additionally, I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a
system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my
knowledge and belief true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility
of fine and imprisonment for knowing violations.
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First Name, Middle Initial, Last Name:
Title:
Signature:
Date:
/
/
E-mail:
G. Discontinuation of No Exposure Certification Information
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and
belief true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations.
First Name, Middle Initial, Last Name:
Title:
Signature:
Date:
/
/
E-mail:
EPA Form 3510-11 (Revised 06/2015)
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Instructions for Completing EPA Form 3510-11
No Exposure Certification (NOE) for Exclusion from Stormwater Discharges
Associated with Industrial Activity Under an NPDES General Permit
NPDES Form Date (06/15)
This Form Replaces From 3510-11 (09/08)
Who May File a No Exposure Certification
Federal law at 40 CFR Part 122.26 prohibits point source discharges
of stormwater associated with industrial activity to waters of the
U.S. without a National Pollutant Discharge Elimination System
(NPDES) permit. However, NPDES permit coverage is not required
for discharges of stormwater associated with industrial activities
identified at 40 CFR 122.26(b)(14)(i)-(ix) and (xi) if the discharger
can certify that a condition of “no exposure” exists at the industrial
facility or site.
Stormwater discharges from construction activities identified in
40 CFR 122.26(b)(14)(x) and (b)(15) are not eligible for the no
exposure exclusion.
Obtaining and Maintaining the No Exposure Exclusion
This form is used to certify that a condition of no exposure exists at
the industrial facility or site described herein. This certification is
only applicable in jurisdictions where EPA is the NPDES permitting
authority and must be re-submitted at least once every five years.
The industrial facility operator must maintain a condition of no
exposure at its facility or site in order for the no exposure exclusion
to remain applicable. If conditions change resulting in the
exposure of materials and activities to stormwater, the facility
operator must obtain coverage under an NPDES stormwater
permit immediately.
Completing the Form
You must type or print, using uppercase letters, in appropriate
areas only. Enter only one character per space (i.e., between the
marks). Abbreviate if necessary to stay within the number of
characters allowed for each item. Use one space for breaks
between words. One form must be completed for each facility or
site for which you are seeking to certify a condition of no exposure.
Please make sure you have addressed all applicable questions
and have made a photocopy for your records before sending the
completed form to the above address.
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MSGP for the definition of “operator”. Provide the operator’s
mailing address, phone number, and e-mail. Correspondence
for the NOE will be sent to this address. Also provide the name
and title for the operator point of contact (note that the point of
contact name may be the same as the operator name).
Section D. Facility Information
Enter the official or legal name and complete street address,
including city, state, ZIP code, and county or similar government
subdivision of the facility. If the facility lacks a street address,
indicate the general location of the facility (e.g., Intersection of
State Highways 61 and 34). Complete facility information must
be provided for permit coverage to be granted.
Provide the latitude and longitude of your facility in decimal
degrees format. The latitude and longitude of your facility can
be determined in several different ways, including through the
use of global positioning system (GPS) receivers and U.S.
Geological Survey (U.S.G.S.) topographic or quadrangle maps.
Refer to http://transition.fcc.gov/mb/audio/bickel/DDDMMSSdecimal.html/ for assistance in providing the proper
latitude/longitude format. For consistency, EPA requests that
measurements be taken form the approximate center of the
facility. Specify which method you used to determine latitude
and longitude. If a U.S.G.S. topographic map is used, specify the
scale of the map used. Enter the horizontal reference datum for
your latitude and longitude. The horizontal reference datum
used on USGS topographic maps is shown on the bottom left
corner of USGS topographic maps; it is also available for GPS
receivers.
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Section A. Approval to Use Paper NOE Form
You must indicate whether you have been granted a waiver from
electronic reporting from the EPA Regional Office. Note that you
are not authorized to use this paper No Exposure Certification
(NOE) form unless the EPA Regional Office has approved its use.
Where you have obtained approval to use this form, indicate the
waiver that you have been granted, the name of the EPA
Regional Office staff person who granted the waiver, and the
date
that
approval
was
provided.
See
http://water.epa.gov/polwaste/npdes/stormwater/StormwaterContacts.cfm for a list of EPA Regional Office contacts.
Section B. Reason for Submission
You must check your reason for submitting this form. You may
submit this form for obtaining a new No Exposure Certification, for
renewing a previous No Exposure Certification, or for discontinuing
an existing No Exposure Certification (for facilities that no longer
need the exclusion from permit coverage for industrial stormwater
discharges).
Form Approved OMB No. 2040-0004
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Indicate whether the facility is on Indian country lands, and if so,
provide the name of the Indian tribe associated with the area of
Indian country (including name of Indian reservation, if
applicable).
Indicate whether you are a “federal operator” as defined in
Appendix A of the MSGP. Also check the facility’s ownership
type.
Indicate whether the facility was previously covered under an
NPDES stormwater permit. If so, include the NPDES ID (i.e., NOI
tracking number).
List the four-digit Standard Industrial Classification (SIC) code or
two character activity code that best describes the primary
industrial activities performed by your facility.
Enter the total size of the site associated with industrial activity in
acres.
Check “Yes” or “No” as appropriate to indicate whether you
have paved or roofed over a formerly exposed, pervious area
(i.e., lawn, meadow, dirt or gravel road/parking lot) in order to
qualify for no exposure. If yes, also indicate approximately how
much area was paved or roofed over and is now impervious
area.
Section C. Facility Operator Information
Provide the legal name of the person, firm, public organization, or
any other entity that operates the facility described in this
certification form. An operator of a facility is the legal entity that
controls the operation of the facility. Refer to Appendix A of the
EPA Form 3510-11 (Revised 06/2015)
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Instructions for Completing EPA Form 3510-11
No Exposure Certification (NOE) for Exclusion from Stormwater Discharges
Associated with Industrial Activity Under an NPDES General Permit
NPDES Form Date (06/15)
This Form Replaces From 3510-11 (09/08)
Section E. Exposure Checklist
Check “Yes” or “No” as appropriate to describe the exposure
condition at your facility. If you answer “Yes” to ANY of the
questions in this section, a potential for exposure exists at your site
and you cannot certify to a condition of no exposure. You must
obtain (or already have) coverage under an NPDES stormwater
permit. After obtaining permit coverage, you can institute
modifications to eliminate the potential for a discharge of
stormwater exposed to industrial activity, and then certify to a
condition of no exposure.
Section F and G. Certification Information
The NOE form must be signed as follows:
For a corporation: By a responsible corporate officer. For the
purpose of this Section, a responsible corporate officer means:
(i) a president, secretary, treasurer, or vice-president of the
corporation in charge of a principal business function, or any other
person who performs similar policy- or decision-making functions
for the corporation, or (ii) the manager of one or more
manufacturing, production, or operating facilities, provided, the
manager is authorized to make management decisions which
govern the operation of the regulated facility including having the
explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other
comprehensive measures to assure long-term environmental
compliance with environmental laws and regulations; the
manager can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for
permit application requirements; and where authority to sign
documents has been assigned or delegated to the manager in
accordance with corporate procedures.
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disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and
requirements; train personnel to be able to respond to a
collection of information; search data sources; complete and
review the collection of information; and transmit or otherwise
disclose the information.
An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it
displays a currently valid OMB control number.
Send comments regarding the burden estimate, any other
aspect of the collection of information, or suggestions for
improving this form, including any suggestions which may
increase or reduce this burden to: Director, Collection Strategies
Division, U.S. Environmental Protection Agency (2822T), 1200
Pennsylvania Ave., NW, Washington, D.C. 20460. Include the
OMB control number of this form on any correspondence. Do
not send the completed No Exposure Certification form to this
address.
Submitting Your Form
If you have been granted a waiver from your Regional Office to
submit a paper No Exposure Certification form, you must send
your No Exposure Certification form by mail to one of the
following addresses:
For a municipality, state, federal, or other public agency: By either
a principal executive officer or ranking elected official. For
purposes of this Part, a principal executive officer of a federal
agency includes (i) the chief executive officer of the agency, or
(ii) a senior executive officer having responsibility for the overall
operations of a principal geographic unit of the agency (e.g.,
Regional Administrator of EPA). Include the name and title of the
person signing the form and the date of signing.
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For Regular U.S. Mail Delivery:
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Stormwater Notice Processing Center
Mail Code 4203M, ATTN: MSGP No Exposure
U.S. EPA
1200 Pennsylvania Avenue, NW
Washington, DC 20460
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For a partnership or sole proprietorship: By a general partner or the
proprietor, respectively; or
Form Approved OMB No. 2040-0004
For Overnight/Express Mail Delivery:
Stormwater Notice Processing Center
William Jefferson Clinton East Building - Room 7420
ATTN: MSGP No Exposure
U.S. EPA
1201 Constitution Avenue, NW
Washington, DC 20004
Visit this website for instructions on how to submit electronically:
http://water.epa.gov/polwaste/npdes/stormwater/Stormwater
-eNOI-System-for-EPAs-MultiSector-General-Permit.cfm
Include the name, title, and email address of the person signing
the form and the date of signing.
An unsigned or undated NOE certification will not be considered
valid.
Paperwork Reduction Act Notice
Public reporting burden for this certification is estimated to
average 1.0 hour per certification, including time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Burden means the total time, effort, or
financial resources expended by persons to generate,
maintain, retain, or disclose to provide information to or for a
Federal agency. This includes the time needed to review
instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and
EPA Form 3510-11 (Revised 06/2015)
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Multi-Sector General Permit (MSGP)
L-1
Appendix L - List of Tier 3, Tier 2, and Tier 2.5 Waters
EPA’s MSGP has special requirements for discharges to waters designated by a state or tribe as
Tier 2/2.5 or Tier 3 for antidegradation purposes under 40 CFR 131.12(a). See Parts 1.1.4.8 and
1.1.4.10
The list below is provided as a resource for operators who must determine whether they
discharge to a Tier 2/2.5 or Tier 3 water. Only Tier 2/2.5 or Tier 3 waters specifically identified by a
water quality standard authority (e.g., a state, territory, or tribe) are identified in the table below.
Many authorities evaluate the existing and protected quality of the receiving water on a
pollutant-by-pollutant basis and determine whether water quality is better than the applicable
criteria that would be affected by a new discharger or a new source or an increase in an
existing discharge of the pollutant. In instances where water quality is better, the authority may
choose to allow lower water quality, where lower water quality is determined to be necessary to
support important social and economic development. Permittees are not required to identify
those waters which are evaluated on an individual basis.
Permit
Number
Areas of Coverage/Where EPA Is Permitting Authority
MAR050000 Commonwealth of Massachusetts, except Indian Country lands
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Tier 2, Tier 2.5, and 3 waters are identified and listed in the Massachusetts Water
Quality Standards 314 CMR 4.00. Surface water qualifiers that correspond with Tier
classifications are defined at 314 CMR 4.06(1)(d)m and listed in tables and figures
at the end of 314 CMR 4.06. See MassDEP's web page at
http://www.mass.gov/eea/agencies/massdep/water/regulations/314-cmr-4-00mass-surface-water-quality-standards.html.
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vWaters”, and all wetlands that are not
,
Tier 2
Listed as “High Quality
24Outstanding Resource Water
designated0 an
-1 as
Tier 2.5
Listed as “Outstanding Resource Water”, “Public Water Supply”,
16 to Public Water Supply”,
.“Tributary Waters, and vernal poolsall wetlands bordering Outstanding
No Resource
Tier 3
NHR050000
Defined as “Special Resource Water”. Note: No waters have been
defined as a Special Resource Water as of the issuance of this permit.
State of New Hampshire
Tier 2/2.5 There is no list of Tier 2/Tier 2.5 waters. New dischargers and new
sources should contact Thelma Murphy (EPA Region 1’s stormwater
coordinator) at murphy.thelma@epa.gov.
Tier 3
Env-Ws 1708.05(a) Surface waters of national forests and surface
waters designated as “natural” under RSA 483:7-a, I shall be
considered outstanding resource waters (ORW). “Natural waters” are
listed at http://www.gencourt.state.nh.us/rsa/html/L/483/483-15.htm.
Surface waters of national forests are not included in an official list. For
further questions, new dischargers and new sources should contact
Thelma Murphy (EPA Region 1’s stormwater coordinator) at
murphy.thelma@epa.gov.
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Multi-Sector General Permit (MSGP)
Permit
Number
PRR050000
DCR050000
MNR05000I
Areas of Coverage/Where EPA Is Permitting Authority
Commonwealth of Puerto Rico
Tier 3
Tier III waters are those which are classified as either Class SA or Class
SE. Class SA waters are defined as "Coastal waters and estuarine
waters of high quality and/or exceptional ecological or recreational
value whose existing characteristics shall not be altered, except by
natural causes, in order to preserve the existing natural phenomena."
Class SA waters include bioluminescent lagoons and bays such as La
Parguera and Monsio José on the Southern Coast, Bahía de Mosquito
in Vieques, and any other coastal or estuarine waters of exceptional
quality of high ecological value or recreational which may be
designated by Puerto Rico, through Resolution, as requiring this
classification for protection of the waters. Class SE waters are defined
as "Surface waters and wetlands of exceptional ecological value,
whose existing characteristics should not be altered in order to
preserve the existing natural phenomena." Class SE waters include
Laguna Tortuguero, Laguna Cartagena and any other surface water
bodies of exceptional ecological value as may be designated by
Puerto Rico through Resolution.
District of Columbia
Tier
Rule 1102.4
SPECIAL WATERS OF THE DISTRICT OF COLUMBIA
2/2.5
(SWDC): Any segment or segments of the surface waters of the
District that are of water quality better than needed for the current
use or have scenic or aesthetic importance shall be designated as
Special Waters of the District of Columbia (SWDC).
Rock Creek and its tributaries and Battery Kemble Creek and its
tributaries are considered Special Waters of the District of Columbia
(SWDC) under its antidegradation program.
Fond du Lac Band of MN Chippewa
Tier 3
Six lakes are presently identified as Tier 3: (1) Dead Fish, (2) Jaskari, (3)
Miller (Mud), (4) Perch, (5) Rice Portage, (6) Wild Rice.
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Grand Portage Band of MN Chippewa
Tier
2/2.5
All waters, not already classified as Tier 3, are high quality Tier 2 waters.
(see Grand Portage Reservation Water Quality Standards, Section VI &
VII, Pages 14-16).
Tier 3
WIR05000I
“The portion of Lake Superior north of latitude 47 degrees, 57 minutes,
13 seconds, east of Hat Point, south of the Minnesota-Ontario
boundary, and west of the Minnesota-Michigan boundary.” (see
Section VII, Page 16).
Lac du Flambeau Band of the Lake Superior Chippewa
Tier 2
All named waters, including wetlands, not specified under an
antidegradation classification.
Tier 2.5
Bills Lake, Birch Lake, Bobidosh Lake, Bog Lake (SE SE Sec. 31,
T40NR6E), Bolton Lake, Broken Bow Lake, Chewalah Lake, Clear Lake
(Sec. 2, T39NR4E), Corn Great, Great, Corn Lake, Little "Least/Lesser",
Crawling Stone Lake, Big, Crawling Stone Lake, Little, Crescent Lake,
Crooked Lake, Big, David Lake, Ellerson Lake, Middle, Ellerson Lake,
West, Elsie Lake "Boundary Lake", Fat Lake, Fence Lake, Gresham
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Multi-Sector General Permit (MSGP)
Permit
Number
Areas of Coverage/Where EPA Is Permitting Authority
Creek, Green Lake (NW NW Sec. 19, T41R6E), Grey Lake, Gunlock
Lake, Haskell Lake, Headflyer Lake (Sec. 19, T41NR5E), Highway Lake
(NW NW Sec. 19, T41NR5E), Horsehead Lake (SE SW Sec. 9, T40NR5E),
Hutton's Creek, Ike Walton Lake, Lily Lake (SE SW Sec. 35, T40NR5E),
Little Ten Lake, Lodge Lake "L. Rice" (NW NW Sec. 8, T41NR6E), Lucy
Lake, Mindys Lake (Sec. 8, T40NR5E), Minette Lake, Mitten Lake, Monk's
Lake (Sec. 13, T40NR5E), Moving Cloud Lake, Mud Creek, Muskesin
Lake, Patterson Lake, Placid Twin Lake (North), Placid Twin Lake
(South), Plummer Lake, Poupart Lake, Prairie Lake (NE SW Sec. 13,
T40NR4E), Raven Lake, Ross Allen Lake, Sand Lake, Little, Scott Lake
(Sec. 22, T40N, R4E), Shishebogama Lake, Signal Lake, Snort Lake (Sec.
5, T41N, R6E), Spring Lake "Jerms", Squirrel Lake, Statenaker Lake
"Hollow", Stearns Lake "Hourglass", Sugarbush "Hidden Lake" (NW NW
Sec. 17, T41NR5E), Sugarbush Creek, Sugarbush Lake, Little, Sugarbush
Lake, Lower, Sugarbush Lake, Middle, Sugarbush Lake, Upper, Sunfish
Lake, Tippecanoe Lake, Tomahawk River, To-To Tom Lake, Toulish
Lake, Trout River, Warrior Lake, White Sand Lake, Whitefish Lake
"Cattail Lake" (Sec. 34, T40N5R), Wishow Lake, Wyandock Lake
Tier 3
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Bear River (1st bridge to Reservation boundary), Big Springs (Sec. 25,
T40NR4E), Black Lake, Cranberry Lake, Doud Lake, Eagle Lake, Gene
Lake, Johnson Springs, Little Trout Lake, Lost Lake (Sect. 1, T41NR4E),
Mishonagon Creek, Munnomin (Jesse, Duck) Lake, Negani (Hegani)
Lake, Reservation Line Lake, Spring Creek, Tank Lake, Thomas Lake,
Wild Rice Lake, Zee Lake
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vieTribe of the Chippewa Indians, Sokaogon
Mole Lake Band of the Lake Superior
,
Chippewa Community 24
Tier 2.9
One Tribal Water, Wetland 22, is classified as Exceptional High Quality
-10
6(EHQW). It is a high-quality water body of significant cultural,
1
o.Water social, ecological and recreational attributes.
religious,
N All waters in the Sokaogon Chippewa Community (WI) as classified as
Tier 3
Tier 3, with one exception (Wetland 22).
COR0500I
State of Colorado
Ute Mountain Ute Tribe
Tier 3
(2010 Proposed) Designations:
1. Ute Spring and unnamed creek from Ute Spring downstream within
Section
12, TWP35N R18W (Colorado).
2. Allen Canyon Creek, Sections 17, 20, 29, 30, 31, TWP 35S, R21E (Utah)
3. “Lopez” Spring and unnamed creek tributary to and downstream
from the
spring, within Section 35, TWP 34N, R18W
NMR050000 State of New Mexico
Tier 3
(1) Rio Santa Barbara, including the west, middle and east forks from
their headwaters downstream to the boundary of the Pecos
Wilderness; and
(2) the waters within the United States forest service Valle Vidal special
management unit including:
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Multi-Sector General Permit (MSGP)
Permit
Number
Areas of Coverage/Where EPA Is Permitting Authority
(a) Rio Costilla, including Comanche, La Cueva, Fernandez,
Chuckwagon, Little Costilla, Holman, Gold, Grassy, LaBelle and Vidal
creeks, from their headwaters downstream to the boundary of the
United States forest service Valle Vidal special management unit;
(b) Middle Ponil creek, including the waters of Greenwood Canyon,
from their headwaters downstream to the boundary of the Elliott S.
Barker wildlife management area;
(c) Shuree lakes;
(d) North Ponil creek, including McCrystal and Seally Canyon creeks,
from their headwaters downstream to the boundary of the United
States forest service Valle Vidal special management unit; and
(e) Leandro creek from its headwaters downstream to the boundary of
the United States forest service Valle Vidal special management unit.
(3) the named perennial surface waters of the state, identified in
Subparagraph (a) below, located within United States department of
agriculture forest service wilderness. Wilderness are those lands
designated by the United States congress as wilderness pursuant to the
Wilderness Act. Wilderness areas included in this designation are the
Aldo Leopold wilderness, Apache Kid wilderness, Blue Range
wilderness, Chama River Canyon wilderness, Cruces Basin wilderness,
Dome wilderness, Gila wilderness, Latir Peak wilderness, Pecos
wilderness, San Pedro Parks wilderness, Wheeler Peak wilderness, and
White Mountain wilderness.
(a) The following waters are designated in the Rio Grande basin:
(i) in the Aldo Leopold wilderness: Byers Run, Circle Seven creek, Flower
canyon, Holden Prong, Indian canyon, Las Animas creek, Mud Spring
canyon, North Fork Palomas creek, North Seco creek, Pretty canyon,
Sids Prong, South Animas canyon, Victorio Park canyon, Water
canyon;
(ii) in the Apache Kid wilderness Indian creek and Smith canyon;
(iii) in the Chama River Canyon wilderness: Chavez canyon, Ojitos
canyon, Rio Chama;
(iv) in the Cruces Basin wilderness: Beaver creek, Cruces creek, Diablo
creek, Escondido creek, Lobo creek, Osha creek;
(v) in the Dome wilderness: Capulin creek, Medio creek, Sanchez
canyon/creek;
(vi) in the Latir Peak wilderness: Bull creek, Bull Creek lake, Heart lake,
Lagunitas Fork, Lake Fork creek, Rito del Medio, Rito Primero, West Latir
creek;
(vii) in the Pecos wilderness: Agua Sarca, Hidden lake, Horseshoe lake
(Alamitos), Jose Vigil lake, Nambe lake, Nat lake IV, No Fish lake, North
Fork Rio Quemado, Rinconada, Rio Capulin, Rio de las Trampas
(Trampas creek), Rio de Truchas, Rio Frijoles, Rio Medio, Rio Molino, Rio
Nambe, Rio San Leonardo, Rito con Agua, Rito Gallina, Rito Jaroso,
Rito Quemado, San Leonardo lake, Santa Fe lake, Santa Fe river,
Serpent lake, South Fork Rio Quemado, Trampas lake (East), Trampas
lake (West);
(viii) in the San Pedro Parks wilderness: Agua Sarca, Cañon Madera,
Cave creek, Cecilia Canyon creek, Clear creek (North SPP), Clear
creek (South SPP), Corralitos creek, Dove creek, Jose Miguel creek, La
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Multi-Sector General Permit (MSGP)
Permit
Number
Areas of Coverage/Where EPA Is Permitting Authority
Jara creek, Oso creek, Rio Capulin, Rio de las Vacas, Rio Gallina, Rio
Puerco de Chama, Rito Anastacio East, Rito Anastacio West, Rito de
las Palomas, Rito de las Perchas, Rito de los Pinos, Rito de los Utes, Rito
Leche, Rito Redondo, Rito Resumidero, San Gregorio lake;
(ix) in the Wheeler Peak wilderness: Black Copper canyon, East Fork
Red river, Elk lake, Horseshoe lake, Lost lake, Sawmill creek, South Fork
lake, South Fork Rio Hondo, Williams lake.
(b) The following waters are designated in the Pecos River basin:
(i) in the Pecos wilderness: Albright creek, Bear creek, Beatty creek,
Beaver creek, Carpenter creek, Cascade canyon, Cave creek, El
Porvenir creek, Hollinger creek, Holy Ghost creek, Horsethief creek,
Jack's creek, Jarosa canyon/creek, Johnson lake, Lake Katherine, Lost
Bear lake, Noisy brook, Panchuela creek, Pecos Baldy lake, Pecos river,
Rio Mora, Rio Valdez, Rito Azul, Rito de los Chimayosos, Rito de los
Esteros, Rito del Oso, Rito del Padre, Rito las Trampas, Rito Maestas, Rito
Oscuro, Rito Perro, Rito Sebadilloses, South Fork Bear creek, South Fork
Rito Azul, Spirit lake, Stewart lake, Truchas lake (North), Truchas lake
(South), Winsor creek;
(ii) in the White Mountain wilderness: Argentina creek, Aspen creek,
Bonito creek, Little Bonito creek, Mills canyon/creek, Rodamaker creek,
South Fork Rio Bonito, Turkey canyon/creek.
(c) The following waters are designated in the Gila River basin:
(i) in the Aldo Leopold wilderness: Aspen canyon, Black Canyon creek,
Bonner canyon, Burnt canyon, Diamond creek, Falls canyon,
Fisherman canyon, Running Water canyon, South Diamond creek;
(ii) in the Gila wilderness: Apache creek, Black Canyon creek, Brush
canyon, Canyon creek, Chicken Coop canyon, Clear creek, Cooper
canyon, Cow creek, Cub creek, Diamond creek, East Fork Gila river,
Gila river, Gilita creek, Indian creek, Iron creek, Langstroth canyon,
Lilley canyon, Little creek, Little Turkey creek, Lookout canyon,
McKenna creek, Middle Fork Gila river, Miller Spring canyon, Mogollon
creek, Panther canyon, Prior creek, Rain creek, Raw Meat creek,
Rocky canyon, Sacaton creek, Sapillo creek, Sheep Corral canyon,
Skeleton canyon, Squaw creek, Sycamore canyon, Trail canyon, Trail
creek, Trout creek, Turkey creek, Turkey Feather creek, Turnbo canyon,
West Fork Gila river, West Fork Mogollon creek, White creek, Willow
creek, Woodrow canyon.
(d) The following waters are designated in the Canadian River basin: in
the Pecos wilderness Daily creek, Johns canyon, Middle Fork Lake of
Rio de la Casa, Middle Fork Rio de la Casa, North Fork Lake of Rio de la
Casa, Rito de Gascon, Rito San Jose, Sapello river, South Fork Rio de la
Casa, Sparks creek (Manuelitas creek).
(e) The following waters are designated in the San Francisco River
basin:
(i) in the Blue Range wilderness: Pueblo creek;
(ii) in the Gila wilderness: Big Dry creek, Lipsey canyon, Little Dry creek,
Little Whitewater creek, South Fork Whitewater creek, Spider creek,
Spruce creek, Whitewater creek.
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Multi-Sector General Permit (MSGP)
Permit
Number
Areas of Coverage/Where EPA Is Permitting Authority
(f) The following waters are designated in the Mimbres Closed basin: in
the Aldo Leopold wilderness Corral canyon, Mimbres river, North Fork
Mimbres river, South Fork Mimbres river.
(g) The following waters are designated in the Tularosa Closed basin: in
the White Mountain wilderness Indian creek, Nogal Arroyo, Three
Rivers.
(h) The wetlands designated are identified on the maps and list of
wetlands within United States forest service wilderness areas
designated as outstanding national resource waters published at the
New Mexico state library and available on the department’s website.
CAR05000I
Hualapai Tribe
Tier 3
Spencer, Meriwhitica, Willow Spring, Upper Milkweed Spring, Bridge
Canyon, Travertine Spring, Travertine Falls, Diamond Creek, Diamond
Creek Spring, Blue Mountain, Metuck, Peach Springs Spring,
Westwater, Clay Tank, Hockey Puck, Pocamote Spring, Mohawk
Spring, Granite Spring, Three Spring, Warm Spring, Honga Spring,
National Canyon Spring, National Canyon, Moss Spring
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White Mountain Apache Tripe of the Fort Apache Indian Reservation
Tier 2/2.5 East Fork White River, above R52 Road, East Fork White River below R52
Road, above Rock Cr., Paradise Creek, above Wohlenberg, Ord
Creek, Smith Cienega, Bull Cienega, Smith Creek, Big Bonito , Tonto
Creek, below Y47 Crossing, Crooked Creek, Boggy Creek, Lofer
Cienego Creek, Little Bonito Creek, above Y55 Crossing, Flash Creek,
Squaw Creek, Hurricane Lake, Hurricane Creek, Hughey Creek, Bonito
Cienega, West Fork Black River, Hall Cienega, Purcell Cienega,
Thompson Creek, Carrizo Creek below Corduroy, Carrizo Creek above
Corduroy, Cedar Creek, Big Canyon (E. Cedar Creek), Middle Cedar
Creek, West Cedar Creek, Cibecue Creek in Box Canyon to Salt river,
Cibecue Creek, Box CallYon up to confluence with Salt Creek, Spring
Creek, Salt Creek, Cibecue Creek, from confluence w/Salt Cr, to Big
Springs, Cibecue Creek, above Big Springs, Rock Springs Creek, Salt
Draw, Canyon Creek S. of Chediski Farms, Willow Creek (Lower
Canyon Cr), Oak Creek, Canyon Creek. N. of Chedlski Fanns,
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IDR050000
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East Fork While River, in Wilderness Area, Pumpkin Lake
State of Idaho
For Tier 2 and Tier 3 waters, please consult the Idaho Integrated Report, available
at: http://www.deq.idaho.gov/water-quality/surface-water/monitoringassessment/integrated-report.aspx and the closest regional office of the Idaho
Department of Environmental Quality: http://www.deq.idaho.gov/regionaloffices-issues.aspx
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Multi-Sector General Permit (MSGP)
M-1
Appendix M - Discharge Monitoring Report (DMR) Form
Part 7.1 requires you to use the electronic NetDMR system to prepare and submit your Discharge
Monitoring Report (DMR) form. However, if you are given approval by the EPA Regional Office to
use a paper DMR form, and you elect to use it, you must complete and submit the following
form.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, DC 20460
MSGP INDUSTRIAL DISCHARGE MONITORING REPORT (DMR) FORM
NPDES
FORM
6100-29
Form Approved.
OMB No. 2040-0004
A. Approval to Use Paper DMR Form
1. Have you been granted a waiver from electronic reporting from the EPA Regional Office*?
YES
NO
If yes, check which waiver you have been granted, the name of the EPA Regional Office staff person who granted the waiver, and the date of approval:
Waiver granted:
The owner/operator’s headquarters is physically located in a geographic area (i.e., ZIP code or census tract) that is identified as
under-served for broadband Internet access in the most recent report from the Federal Communications Commission.
The owner/operator has issues regarding available computer access or computer capability.
Name of EPA staff person that granted the waiver:
/
Date approval obtained:
/
* Note: You are required to obtain approval from the applicable EPA Regional Office prior to using this paper DMR form. If you have not obtained a waiver, you
must file this form electronically using the NetDMR at http://www.epa.gov/netdmr/
B. Permit Information
1. NPDES ID:
2. Reason(s) for Submission (Check all that apply):
Submitting monitoring data (Fill in all Sections).
Reporting no discharge for all outfalls for this monitoring period (Fill in Sections A, B, C, D, E.1, and G).
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Reporting that your site status has changed to inactive and unstaffed (Fill in Sections A, B, C, D, and F and include date of status change in comment field
in Section F.4).
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Reporting that your site status has changed to active (Fill in all Sections and include date of status change in comment field in Section F.4).
Reporting that no further pollutant reductions are achievable for all outffalls and for all pollutants via Part 6.2.1.2 of the MSGP (Fill in Sections A, B, C, D,
and G).
C. Facility Operator Information
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6-
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Operator Name:
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Mailing Address:
Street:
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City:
State:
-
Phone:
-
ZIP Code:
-
Ext.
E-mail:
2. DMR Preparer (Complete if DMR was prepared by someone other than the certifier):
First Name, Middle Initial, Last Name:
Organization:
Phone:
-
-
Ext.
E-mail:
EPA FORM 6100-29
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D. Facility Information
1. Facility Name:
2. Facility Address:
Street/Location:
City:
State:
-
ZIP Code:
County or Similar Government Subdivision:
E. Discharge Information
Check here if proposing alternative monitoring periods due to irregular stormwater runoff. Identify alternative
monitoring schedule and indicate for which alternative monitoring period you are reporting monitoring data:
1. Identify monitoring period:
Quarter 1 (January 1 – March 31)
Quarter 1: From
/
To
/
Quarter 2 (April 1 – June 30)
Quarter 2: From
/
To
/
Quarter 3 (July 1 – September 30)
Quarter 3: From
/
To
/
Quarter 4 (October 1 – December 31)
Quarter 4: From
/
To
/
2. Are you required to monitor for cadmium, copper, chromium, lead, nickel, silver, or zinc in freshwater?
3. What is the hardness level of the receiving water?
(mg/L)
4. Does your facility discharge into any saltwater receiving waters?
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EPA FORM 6100-29
Yes
No
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Yes (Skip to 3)
No (Skip to 4)
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, DC 20460
MSGP INDUSTRIAL DISCHARGE MONITORING REPORT (DMR)
F. Monitoring Information
1. Nature of Discharge:
Form Approved. OMB No. 2040-0004
Note: Make additional copies of this form as necessary.
Rainfall (Complete line items 2.a., 2.b., & 2.c.)
2.a. Duration of the rainfall event (hours):
3.a. Outfall ID
(list the same 3- 3.b. Check if Any Outfalls
digit outfalls
are Substantially Identical
identified on
to Other Outfalls Listed
the NOI form)
Snowmelt
2.b. Rainfall amount (inches):
3.c.
Check if No
Discharge
3.d.
Monitoring
Type QBM,
ELG, S/T, I, O*
3.e. Parameter
2.c. Time since previous measurable storm event (days):
.
3.f. Quality or
Concentration
3.g. Units
Substantially identical
to outfall:________
Substantially identical
to outfall:________
Substantially identical
to outfall:________
02
-1
Substantially identical
to outfall:________
Substantially identical
to outfall:________
Substantially identical
to outfall:________
Substantially identical
. 16
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3.h. Results
Description
3.i. Collection Date
/16
19
3.j. Exceedance
due to natural
background
pollutant levels
3.k. No further
pollutant
reductions
achievable?
2/
1
to outfall:________
* (QBM) - Quarterly benchmark monitoring; (ELG) - Annual effluent limitations guidelines monitoring; (S/T) - State- or tribal-specific monitoring; (I) - Impaired waters monitoring; (O) -Other monitoring as
required by EPA
4. Comment and/or Explanation of Any Violations (Reference all attachments here)
EPA FORM 6100-29
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G. Certification
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly
gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility
of fine and imprisonment for knowing violations.
First Name, Middle Initial, Last
Name:
Title:
Signature:
Date:
/
/
E-mail:
02
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EPA FORM 6100-29
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Page 4 of 7
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
Pg: 306 of 376
Instructions for Completing EPA Form 6100-29
Discharge Monitoring Report (DMR) for Stormwater Discharges
Associated with Industrial Activity Under the NPDES Multi-Sector General Permit
NPDES Form Date (06/15)
Form Approved OMB No. 2040-0004
Who Must Submit A Discharge Monitoring Report to EPA?
Facilities covered under the Multi-Sector General Permit (MSGP or
permit) that are required to monitor pursuant to Parts 6.2 and 8 of
the permit must submit Discharge Monitoring Reports (DMRs)
consistent with the reporting requirements specified in Part 7.1 of
the permit.
Completing the Form
Obtain and read a copy of the 2015 MSGP, viewable at
http://water.epa.gov/polwaste/npdes/stormwater/EPA-MultiSector-General-Permit-MSGP.cfm. To complete this form, type or
print, using uppercase 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 clarify your response. Please
submit original document with signature in ink - do not send a
photocopied signature. Photocopy your DMR form for your records
before you send the completed original form to the appropriate
address.
Section A. Approval to Use Paper DMR Form
You must indicate whether you have been granted a waiver from
electronic reporting from the EPA Regional Office. Note that you
are not authorized to use this paper DMR form unless the EPA
Regional Office has approved its use. Where you have obtained
approval to use this form, indicate the waiver that you have been
granted, the name of the EPA staff person who granted the waiver,
and
the
date
that
approval
was
provided.
See
http://water.epa.gov/polwaste/npdes/stormwater/EPA-MultiSector-General-Permit-MSGP.cfm for a list of EPA Regional Office
contacts.
102
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Section C. Facility Operator Information.
Provide the legal name of the person, firm, public organization, or
any other entity that operates the facility for which this DMR is being
submitted. An operator of a facility is the legal entity that controls
the operation of the facility. Refer to Appendix A of the permit for
the definition of “operator”. Provide the operator’s mailing address,
phone number, and e-mail. The operator information in this Section
should match the operator information provided on your NOI form.
Indicate your reason(s) for submitting this DMR by checking all
boxes that apply. The reasons for submission are defined as follows:
• Submitting monitoring data: For each storm sampled, submit
one DMR form with data for all outfalls sampled. Select this
reason even if you only have monitoring data for some of your
outfalls (i.e., some outfalls did not discharge). If you select this
reason you are required to complete all Sections of the form.
• Reporting no discharge for all outfalls for this monitoring period:
Indicates that there were no discharges from all outfalls during
this monitoring period. If you select this reason you are only
required to complete Sections A, B, C, D, E.1, and G.
• Reporting that your site status has changed to inactive and
unstaffed: Indicates that your facility is currently inactive and
unstaffed (See Part 6.2.1.3 of the permit for more information).
If you select this reason you are only required to complete
Sections A, B, C, D, and F and include date of status change in
comment field in Section F.4
• Reporting that your site status has changed from inactive to
active: Indicates that your facility is currently active (See Part
6.2.1.3 of the permit for more information). If you select this
reason you are required to complete all Sections of the form
and include date of status change in the comment field in
Section F.4.
6
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Provide the name, organization, phone number, an email address
for the person who prepared this DMR form.
2
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Section D. Facility Information
Enter the official or legal name and complete street address,
including city, state, ZIP code, and county or similar government
subdivision of the facility. If the facility lacks a street address,
indicate the general location of the facility (e.g., Intersection of
State Highways 61 and 34). Complete facility information must be
provided for permit coverage to be granted. The facility
information in this Section should match the facility information
provided on your NOI form.
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Section B. Permit Information
Provide the NPDES ID (i.e., NOI tracking number) assigned to the
facility for which this DMR is being submitted.
EPA FORM 6100-29
• Reporting that no further reductions are achievable for all
outfalls and for all pollutants via Part 6.2.1.2 of the permit:
Indicates that you have determined that no further pollutant
reductions are technologically and economically practicable
in light of best industry practice to meet the technology-based
effluent limits or are necessary to meet the water-quality-based
effluent limitations in Parts 2 of the permit (See Part 6.2.1.2 of the
permit for more information). If you select this reason you are
required to complete Sections A, B, C, D and G. However, if you
can make this finding for some outfalls and pollutants, but not
for others, you cannot select this reason; you will instead be
able to identify which outfalls and which pollutants you can
make this finding for in Section F.
Section E. Discharge Information.
Indicate the appropriate monitoring period (Quarter 1, 2, 3, or 4)
covered by the DMR. “Alternative” monitoring periods can apply
to facilities located in arid and semi-arid climates, or in areas subject
to snow or prolonged freezing. To use alternative monitoring
periods, you must provide a revised monitoring schedule here. If
using alternative monitoring periods, identify the first day of the
monitoring period through the last day of the monitoring period for
each of the four periods. The dates should be displayed as month
(Mo) / day (Day). See Parts 6.1.6 and 6.1.7 of the permit for more
information.
If you are submitting benchmark monitoring data, identify if your
facility is required to collect benchmark samples for one or more
hardness-dependent metals (i.e., cadmium, copper, lead, nickel,
silver, and zinc). If you select “yes” to this question provide the
hardness level of the receiving water (in mg/L)). If you select “no”
to this question, you must identify if your facility discharges into any
saltwater receiving waters.
Page 5 of 7
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
Pg: 307 of 376
Instructions for Completing EPA Form 6100-29
Discharge Monitoring Report (DMR) for Stormwater Discharges
Associated with Industrial Activity Under the NPDES Multi-Sector General Permit
NPDES Form Date (06/15)
Form Approved OMB No. 2040-0004
F. Monitoring Information
For the reported monitoring event indicate whether the discharge
was from a rainfall or snowmelt event. If you select “rainfall” then
indicate the duration (in hours) of the rainfall event, rainfall total (in
inches) for that rainfall event, and time (in days) since the previous
measurable storm event in line items 2.a-c. For both rainfall and
snowmelt monitoring, you must identify the date of collection for
the monitoring event in column 3.i. of the table. If the discharge
occurs during a period of both rainfall and snowmelt, check both
the rainfall and snowmelt boxes and report the appropriate rainfall
information in item 2.a-c. To report multiple monitoring events in the
same reporting period, copy this form and enter each monitoring
event separately with data for all outfalls sampled.
Identify all the outfalls from your facility that discharge stormwater.
Each outfall must be assigned a unique 3-digit number (e.g., 001,
002, 003), and should match the outfalls identified on your NOI form.
If any outfalls are substantially identical, check the box in 3.b and
identify the outfall that the outfall in 3.a is substantially identical to.
In 3.d – k, you only need to provide benchmark monitoring data for
one of the outfalls.
For any outfall for which there was no discharge during the
monitoring period, check the box in 3.
In 3.d, identify the type of monitoring using the specified codes, in
parentheses, below:
•
•
•
•
•
. 16
No
In 3.e, enter each “parameter” (or “pollutant”) monitored. For QBM
and ELG monitoring, use the same parameter name as in Part 8 of
the permit.
In 3.f., enter a sample measurement value for each parameter
analyzed and required to be reported. Enter “ND” (i.e., not
detected) for any sample results below the method detection limit
or “BQL” (i.e., below quantitation limit) for sample results above the
detection limit but below the quantitation limit.
In 3.g., enter the units for sample measurement values (i.e., “mg/L”
for milligrams per liter) for each parameter analyzed and required
to be reported. For monitoring results reported as ND or BQL this
space will be left blank and the units will be reported in Column 3.f.
3.h. must be completed for any monitoring results reported as ND or
BQL in the “Quality or Concentration” column. For ND, report the
laboratory detection level and units in this column. For BQL, report
the laboratory quantitation limit and units in this column.
In 3.i. identify the sampling date for each parameter monitoring
result reported on this form.
3.h. Exceedance due to natural background pollutant levels:
Check box if following the first 4 quarters of benchmark monitoring
(or sooner if the exceedance is triggered by less than 4 quarters
of data) you have determined that the exceedance of the
EPA FORM 6100-29
In 3.j .check the box if after collection of 4 quarterly samples (or
sooner if the exceedance is triggered by less than 4 quarters of
data), the average of the 4 monitoring values for any parameter
exceeds the benchmark and you have made the determination
that no further pollutant reductions are technologically available
and economically practicable and achievable in light of best
industry practice to meet the technology-based effluent limits or
are necessary to meet the water-quality-based effluent
Where violations of the permit requirements are reported, include a
brief explanation to describe the cause and corrective actions
taken, and reference each violation by date. Also, this section
should include any additional comments such as are required when
changing site status from inactive and unstaffed to active or vice
versa. Attach additional pages if you need more space.
6
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Attach additional copies of Section F as necessary to address all
outfalls and parameters.
Section G. Certification Information
DMRs must be signed by a person described below, or by a duly
authorized representative of that person.
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(QBM) – Quarterly benchmark monitoring
(ELG) – Annual effluent limitations guidelines monitoring;
(S/T) – State- or Tribal-specific monitoring;
(I) – Impaired waters monitoring; or
(O) – Other monitoring as required by EPA.
102
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benchmark is attributable solely to the presence of that pollutant in
the natural background for that outfall and any substantially
identical outfalls, or for impaired waters monitoring, the presence of
the pollutant is caused solely by natural background. See Part
6.2.1.2 and 6.2.4.1 of the permit for more information.
2
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For a corporation: By a responsible corporate officer. For the
purpose of this Section, a responsible corporate officer means:
(i) a president, secretary, treasurer, or vice-president of the
corporation in charge of a principal business function, or any other
person who performs similar policy- or decision-making functions for
the corporation, or (ii) the manager of one or more manufacturing,
production, or operating facilities, provided, the manager is
authorized to make management decisions which govern the
operation of the regulated facility including having the explicit or
implicit
duty
of
making
major
capital
investment
recommendations,
and
initiating
and
directing
other
comprehensive measures to assure long-term environmental
compliance with environmental laws and regulations; the manager
can ensure that the necessary systems are established or actions
taken to gather complete and accurate information for permit
application requirements; and where authority to sign documents
has been assigned or delegated to the manager in accordance
with corporate procedures.
For a partnership or sole proprietorship: By a general partner or the
proprietor, respectively; or
For a municipality, state, federal, or other public agency: By either
a principal executive officer or ranking elected official. For purposes
of this Part, a principal executive officer of a federal agency
includes (i) the chief executive officer of the agency, or (ii) a senior
executive officer having responsibility for the overall operations of a
principal geographic unit of the agency (e.g., Regional
Administrator of EPA). Include the name and title of the person
signing the form and the date of signing.
Page 6 of 7
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
Pg: 308 of 376
Instructions for Completing EPA Form 6100-29
Discharge Monitoring Report (DMR) for Stormwater Discharges
Associated with Industrial Activity Under the NPDES Multi-Sector General Permit
NPDES Form Date (06/15)
Form Approved OMB No. 2040-0004
A person is a duly authorized representative only if:
1. The authorization is made in writing by a person described above;
2. The authorization specifies either an individual or a position
having responsibility for the overall operation of the regulated
facility or activity such as the position of plant manager, operator
of a well or a well field, superintendent, position of equivalent
responsibility, or an individual or position having overall responsibility
for environmental matters for the company, (A duly authorized
representative may thus be either a named individual or any
individual occupying a named position.) and
3. The written authorization is submitted to the Director.
An unsigned or undated DMR form be considered incomplete.
Paperwork Reduction Act Notice
Public reporting burden for this form is estimated to average 7.25
hours per response, including time for reviewing instructions,
searching existing data sources, gathering and maintaining the
data needed, and completing and reviewing the collection of
information. An agency may not conduct or sponsor, and a person
is not required to respond to, a collection of information unless it
displays a currently valid OMB control number. Send comments
regarding the burden estimate, any other aspect of the collection
of information, or suggestions for improving this form, including any
suggestions which may increase or reduce this burden to: Director,
Collection Strategies Division, U.S. Environmental Protection Agency
(2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460.
Include the OMB control number of this form on any
correspondence. Do not send the completed DMR form to this
address.
102
6-
Region 1
MSGP Discharge Monitoring Reports (OES4-SMR)
EPA New England, Region 1
5 Post Office Square - Suite 100
Boston, MA 02109-3912
Region 6
U.S. EPA, Region 6 MSGP DMRs
Water Enforcement Branch (6EN-WC)
1445 Ross Avenue
Dallas, TX 75202
Region 7
Neal Gilbert
U.S. Environmental Protection Agency, Region 7
Enforcement Coordination Office
11201 Renner Blvd
Lenexa, KS 66219
Region 8
U.S. EPA, Region 8 (ENF-PJ)
Attention: DMR Coordinator
1595 Wynkoop Street
Denver, CO 80202-1129
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Region 9
Sandra Chew
U.S. EPA Region 9
Information Management Section, ENF-4-1
75 Hawthorne Street
San Francisco, CA 94105
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Submitting Your Form
If you have been granted a waiver from your Regional Office to
submit a paper DMR form, you must send your DMR form by mail to
one of the following addresses:
o. 1
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Region 5
U.S. Environmental Protection Agency Region 5
77 West Jackson Boulevard (WN-16J)
Chicago, Illinois 60604
Attn: Brian Bell - Storm Water Coordinator
Region 10
U.S. EPA Region 10
Attn: NPDES Data Manager, OCE-101
1200 Sixth Avenue, Suite 900
Seattle, WA 98101
Visit this website for instructions on how to submit electronically:
http://water.epa.gov/polwaste/npdes/stormwater/StormwatereNOI-System-for-EPAs-MultiSector-General-Permit.cfm
Region 2
MSGP Discharge Monitoring Reports
290 Broadway
DECA/CAPBS/DMT
21st Floor
New York, NY, 10007-1866
Region 3
Nancy Ford
U.S. EPA Region 3
1650 Arch Street
Mail Code #3WP60
Philadelphia, PA 19103
EPA FORM 6100-29
Page 7 of 7
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
N-1
Subsector
A3
A1
Appendix N - List of SIC and NAICS Codes
Sector A. Timber Products
SIC Codes
2411
2421
NAICS Codes
Page N-1 of 63
Logging
(log storage and handling activities
only; wet deck storage areas only
authorized if no chemical additives
are used in the spray water or applied
to the logs.)
General Sawmills and Planing Mills
(sawmills)
(lumber manufacturing from
purchased lumber, softwood cut
stock, wood lath, fence pickets, and
planing mill products)
(softwood flooring)
(box lumber made from purchased
lumber)
(kiln drying)
A4
Pg: 309 of 376
2426
Logging
321113
Sawmills
321912
Cut Stock, Resawing Lumber, and Planing
321918
Other Millwork (including Flooring)
321920
321999
. 16
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Wood Container and Pallet Manufacturing
All Other Miscellaneous Wood Product
Manufacturing
321113
Sawmills
321912
Cut Stock, Resawing Lumber, and Planing
321918
Other Millwork (including Flooring)
Showcase, Partition, Shelving, and Locker
Manufacturing
337215
321113
Sawmills
321912
Cut Stock, Resawing Lumber, and Planing
321920
Wood Container and Pallet Manufacturing
All Other Miscellaneous Wood Product
Manufacturing
321999
Multi-Sector General Permit (MSGP)
2429
113310
02
-1
Hardwood Dimension and Flooring
Mills
(hardwood dimension lumber made
from logs or bolts)
(hardwood cut stock, resawing
hardwood lumber, and planing
purchased hardwood lumber except
flooring)
(hardwood flooring)
(wood furniture frames and finished
furniture parts)
Special Product Sawmills, Not
Elsewhere Classified
(shingle mills, shakes)
(stave manufacturing from purchased
lumber)
(cooperage stock)
Notes
Appeal: 16-1024
Doc: 75-2
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Millwork
Pg: 310 of 376
2439
A5
2441
A4
2448
2449
2451
Page N-2 of 63
2452
A2
A4
2491
2493
2499
321911
321918
321211
321212
(except trusses)
2435
2436
(wood windows and doors)
(except wood windows and doors)
Hardwood Veneer and Plywood
Softwood Veneer and Plywood
Structural Wood Members, Not
Elsewhere Classified
321213
(trusses)
Nailed and Lock Corner Wood Boxes
and Shook
Wood Pallets and Skids
Wood Containers, Not Elsewhere
Classified
321214
Engineered Wood Member (except Truss)
Manufacturing
Truss Manufacturing
321920
Wood Container and Pallet Manufacturing
321920
Wood Container and Pallet Manufacturing
321920
Wood Container and Pallet Manufacturing
Mobil Homes
321991
Manufactured Home (Mobil Home)
Manufacturing
321992
Prefabricated Wood Building Manufacturing
321114
321219
02
-1
. 16
No
321920
321999
(wood cooling towers)
333415
(laundry hampers of reed, rattan, and
willow)
337125
(cork life preservers)
339113
(mirror and picture frames)
339999
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Wood Preservation
Reconstituted Wood Product Manufacturing
Wood Container and Pallet Manufacturing
All Other Miscellaneous Wood Product
Manufacturing
Air-Conditioning and Warm Air Heating
Equipment and Commercial and Industrial
Refrigeration Equipment Manufacturing
Household Furniture (except Wood and Metal)
Manufacturing
Surgical Appliance and Supplies
Manufacturing
All Other Miscellaneous Manufacturing
Multi-Sector General Permit (MSGP)
Prefabricated Wood Buildings and
Components
Wood Preserving
Reconstituted Wood Products
Wood Products, Not Elsewhere
Classified
(wood containers, such as
noncoopered vats and reed or straw
baskets)
(except wood containers, wood
cooling towers, cork life preservers,
mirror or picture frames, and laundry
hampers of reed, rattan, and willow)
Wood Window and Door Manufacturing
Other Millwork (including Flooring)
Hardwood Veneer and Plywood Manufacturing
Softwood Veneer and Plywood Manufacturing
Appeal: 16-1024
Subsector
B2
Doc: 75-2
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Pg: 311 of 376
Sector B. Paper and Allied Products Manufacturing
SIC Codes
2611
NAICS Codes
Pulp Mills
Notes
322110
322121
322122
322130
Pulp Mills
Paper (except Newsprint) Mills
Newsprint Mills
Paperboard Mills
2631
2652
(pulp producing mills only)
(producing paper except newsprint)
(producing newsprint)
(producing paperboard)
Paper Mills
(except newsprint mills)
(newsprint mills)
Paperboard Mills
Setup Paperboard Boxes
322121
322122
322130
322213
2653
Corrugated and Solid Fiber Boxes
322211
Paper (except Newsprint) Mills
Newsprint Mills
Paperboard Mills
Setup Paperboard Box Manufacturing
Corrugated and Solid Fiber Boxes
Manufacturing
Fiber Can, Tube, Drum, and Similar Products
Manufacturing
Nonfolding Sanitary Food Container
Manufacturing
Folding Paperboard Box Manufacturing
2621
B1
B2
2655
Page N-3 of 63
2656
2657
2671
Fiber Cans, Tubes, Drums, and
Similar Products
Sanitary Food Containers, Except
Folding
Folding Paperwork Boxes
Packaging Paper and Plastics Film,
Coated and Laminated
(except single-web and multi-web
plastics packaging film and sheets)
322214
322215
322212
. 16
No
(single-web and multi-web plastics
packaging film and sheets)
2672
Coated and Laminated Paper, NEC
326112
322222
2/
1
Coated and Laminated Packaging Paper and
Plastics Film Manufacturing
Plastics Packaging Film and Sheet (including
Laminated) Manufacturing
Coated and Laminated Paper Manufacturing
Any facility whose primary activity is
manufacturing single-web and multiweb plastics packaging film and
sheets (SIC 2671 / NAICS 326112)
should be regulated under Sector Y,
but may continue to be regulated
under Sector B, or alternatively, under
Sector AD. Sectors Y, B, and AD do
not have specific requirements for
facilities manufacturing single-web
and multi-web plastics packaging film
and sheets. However, under Sector
AD EPA could establish additional
facility-specific monitoring and
reporting requirements.
Regulatory burden would not differ
between Sectors B and Y.
Multi-Sector General Permit (MSGP)
02
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322221
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Doc: 75-2
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Plastics, Foil, and Coated Paper Bags
(except single-web or multi-web
plastics bags)
(single-web and multi-web plastics
bags)
Page N-4 of 63
2674
2675
2679
326111
Die Cut Paper and Paperboard and
Cardboard
(pasted, lined, laminated, or surfacecoated paperboard)
(die cut paper and paperboard office
supplies, such as file folders,
tabulating cards, and report covers)
(except pasted, lined, laminated, or
surface-coated paperboard and diecut paper and paperboard office
supplies)
Sanitary Paper Products
Envelopes
Stationery, Tablets, and Related
Products
Converted Paper and Paperboard
Products, NEC
(corrugated paper)
(wallpaper and gift wrap paper)
(paper supplies for business
machines, such as adding machine
tape, and other paper office supplies)
02
-1
322226
Plastics, Foil, and Coated Paper Bags
Manufacturing
Plastics Bag Manufacturing
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2/
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Uncoated Paper and Multiwall Bags
Manufacturing
vie
4,
Die Cut Paper and Paperboard Office Supplies
Manufacturing
322299
All Other Converted Paper Product
Manufacturing
322233
Regulatory burden would not differ
between Sectors B and Y.
Surface-Coated Paperboard Manufacturing
322231
322291
322232
Any facility whose primary activity is
manufacturing single-web and multiweb plastics bags (SIC 2673 / NAICS
326111) should be regulated under
Sector Y, but may continue to be
regulated under Sector B, or
alternatively, under Sector AD.
Sectors Y, B, and AD do not have
specific requirements for facilities
manufacturing single-web and multiweb plastics bags. However, under
Sector AD EPA could establish
additional facility-specific monitoring
and reporting requirements.
Sanitary Paper Product Manufacturing
Envelope Manufacturing
Stationery, Tablets, and Related Product
Manufacturing
322211
322222
Corrugated and Solid Fiber Box Manufacturing
Coated and Laminated Paper Manufacturing
322231
Die Cut Paper and Paperboard Office Supplies
Manufacturing
Multi-Sector General Permit (MSGP)
2678
322223
322224
Uncoated Paper and Multiwall Bags
. 16
No
2676
2677
Pg: 312 of 376
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
(except corrugated paper, wall paper,
gift wrap paper, paper supplies for
business machines, and other paper
office supplies)
Subsector
C2
Pg: 313 of 376
322299
All Other Converted Paper Product
Manufacturing
Sector C. Chemical and Allied Products Manufacturing
SIC Codes
2812
2813
2816
NAICS Codes
Notes
Alkalies and Chlorine Manufacturing
Industrial Gas Manufacturing
325131
325182
Inorganic Dye and Pigment Manufacturing
Carbon Black Manufacturing
211112
325131
325131
(activated carbon and charcoal)
Page N-5 of 63
325181
325120
(other)
2819
Alkalies and Chlorine
Industrial Gases
Inorganic Pigments
(except bone and lamp black)
(bone and lamp black)
Industrial Inorganic Chemicals, Not
Elsewhere Classified
(recovering sulfur from natural gas)
(inorganic dyes)
325998
Natural Gas Liquid Extraction
Inorganic Dye and Pigment Manufacturing
All Other Basic Inorganic Chemical
Manufacturing
All Other Miscellaneous Chemical Product and
Preparation Manufacturing
(alumina)
C4
2821
2822
Plastics Materials, Synthetic Resins,
and Nonvulcanizable Elastomers
Synthetic Rubber
331311
2/
1
Alumina Refining
Any facility whose primary activity is
alumina refining (NAICS 331311)
should be regulated under Sector F,
but may continue to be regulated
under Sector C. Sector C requires
sector/subsector specific benchmark
monitoring for total aluminum, total
iron, and nitrate plus nitrite nitrogen.
Sector F applies additional
technology-based effluent limits
comprised of good housekeeping
measures; additional SWPPP
requirements; and additional
inspection requirements.
Regulatory burdens differ between
Sectors C and F but determining
which sector would be more
burdensome would depend on the
regulated facility.
325211
Plastics Material and Resin Manufacturing
325212
Synthetic Rubber Manufacturing
Multi-Sector General Permit (MSGP)
6-1
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2823
2833
2834
2835
2836
C3
2841
2842
2843
Page N-6 of 63
2844
C5
Pg: 314 of 376
2851
2865
2869
325221
Cellulosic Organic Fiber Manufacturing
325222
Noncellulosic Organic Fiber Manufacturing
325411
Medicinal and Botanical Manufacturing
325412
Pharmaceutical Preparation Manufacturing
325412
325413
Pharmaceutical Preparation Manufacturing
In Vitro Diagnostic Substance Manufacturing
Biological Product (except Diagnostic)
Manufacturing
325132
325414
Soap and Other Detergent Manufacturing
325612
Polish and Other Sanitation Good
Manufacturing
325613
Surface Active Agent Manufacturing
325611
02
-1
. 16
No
(except aromatics and organic dyes
and pigments)
Industrial Organic Chemicals, Not
Elsewhere Classified
(aliphatics)
(fluorocarbon gases)
(carbon bisulfide)
/16
19
325611
325620
325510
vie
4,
ed
w
2/
1
Soap and Other Detergent Manufacturing
Toilet Preparation Manufacturing
Paint and Coating Manufacturing
325191
Gum and Wood Chemical Manufacturing
325110
Petrochemical Manufacturing
Synthetic Organic Dye and Pigment
Manufacturing
325192
Cyclic Crude and Intermediate Manufacturing
325110
325120
Petrochemical Manufacturing
Industrial Gas Manufacturing
All Other Basic Inorganic Chemical
Manufacturing
325188
Multi-Sector General Permit (MSGP)
2861
Cellulosic Manmade Fibers
Manmade Organic Fibers, Except
Cellulosic
Medicinal Chemicals and Botanical
Products
Pharmaceutical Preparations
In Vitro and In Vivo Diagnostic
Substances
(except in vitro diagnostic)
(in vitro diagnostic substances)
Biological Products, Except
Diagnostic Substances
Soaps and Other Detergents, Except
Specialty Cleaners
Specialty Cleaning, Polishing, and
Sanitation Preparations
Surface Active Agents, Finishing
Agents, Sulfonated Oils, and
Assistants
Perfumes, Cosmetics, and Other
Toilet Preparations
(toothpaste, gel and dentifrice
powders)
(except toothpaste, gel and dentifrice
powders)
Paints, Varnishes, Lacquers,
Enamels, and Allied Products
Gum and Wood Chemicals
Cyclic Organic Crudes and
Intermediates, and Organic Dyes and
Pigments
(aromatics)
(organic dyes and pigments)
2824
C5
Filed: 01/04/2017
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
(cyclopropane, diethylcyclohexane,
naphthalene sulfonic acid)
(ethyl alcohol)
(except aliphatics, carbon bisulfide,
ethyl alcohol, cyclopropane,
diethylcyclohexane, napthalene
sulfonic acid, synthetic hydraulic
fluids, and fluorocarbon gases)
(synthetic hydraulic fluids)
C1
2873
2874
2875
2879
C5
Page N-7 of 63
2891
2892
2893
2895
2899
Pg: 315 of 376
325192
Cyclic Crude and Intermediate Manufacturing
325193
Ethyl Alcohol Manufacturing
325199
All Other Basic Organic Chemical
Manufacturing
325998
325311
325312
325314
Nitrogenous Fertilizers
Phosphatic Fertilizers
Fertilizers, Mixing Only
Pesticides and Agricultural
Chemicals, NEC
Adhesives and Sealants
Explosives
Printing Ink
Carbon Black
Chemicals and Chemical
Preparations, NEC
325320
325520
325920
325910
325182
(table salt)
(fatty acids)
3952
325199
02
-1
. 16
No
vie
4,
ed
w
/16
19
2/
1
Spice and Extract Manufacturing (table salt
only)
All Other Basic Organic Chemical
Manufacturing
Paint and Coating Manufacturing
All Other Miscellaneous Chemical Product and
Preparation Manufacturing
Petroleum Refineries
(frit and plastic wood fillers)
(except frit, plastic wood fillers, fatty
acids, and table salt)
Petroleum Refining
Lead Pencils, Crayons, and Artists’
Materials (limited to inks and paints,
including china painting enamels)
325510
(drawing inks and india ink)
325998
(china painting enamels, platinum
paint for burnt wood or leather work,
paints for china painting, artist’s
paints, and artist’s watercolors)
All Other Miscellaneous Chemical Product and
Preparation Manufacturing
339942
Lead Pencil and Art Good Manufacturing
325998
324110
Multi-Sector General Permit (MSGP)
2911
311942
All Other Miscellaneous Chemical Product and
Preparation Manufacturing
Nitrogenous Fertilizer Manufacturing
Phosphatic Fertilizer Manufacturing
Fertilizers (Mixing Only) Manufacturing
Pesticides and Other Agricultural Chemical
Manufacturing
Adhesive Manufacturing
Explosives Manufacturing
Printing Ink Manufacturing
Carbon Black Manufacturing
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
Pg: 316 of 376
Sector D. Asphalt Paving and Roofing Materials Manufacturers and Lubricant Manufacturers
Subsector
D1
SIC Codes
NAICS Codes
324121
Asphalt Felt and Coatings
324122
2992
Lubricating Oils and Greases
324191
2999
Subsector
E3
Asphalt Paving Mixtures and Blocks
2952
D2
2951
Products of Petroleum and Coal, Not
Elsewhere Classified
324199
Asphalt Paving Mixture and Block
Manufacturing
Asphalt Shingle and Coating Materials
Manufacturing
Petroleum Lubricating Oil and Grease
Manufacturing
All Other Petroleum and Coal Products
Manufacturing
Sector E. Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing
SIC Codes
3211
3221
Page N-8 of 63
3229
3231
E1
Notes
3241
3251
3259
3261
3262
3263
3264
3269
Flat Glass
Glass Containers
Pressed and Blown Glass and
Glassware, Not Elsewhere Classified
Glass Product Manufacturing Made of
Purchased Glass
Hydraulic Cement
Brick and Structural Clay Tile
(except slumped brick)
(slumped brick)
Ceramic Wall and Floor Tile
Clay Refractories
Structural Clay Products, Not
Elsewhere Classified
Vitreous China Plumbing Fixtures and
China and Earthenware Fittings and
Bathroom Accessories
Vitreous China Table and Kitchen
Articles
Fine Earthenware (Whiteware) Table
and Kitchen Articles
Porcelain Electrical Supplies
Pottery Products, Not Elsewhere
Classified
327211
327213
327212
327215
327310
. 16
No
02
-1
327121
327331
327122
327124
327123
327111
327112
327112
327113
327112
2/
1
Flat Glass Manufacturing
Glass Container Manufacturing
Other Pressed and Blown Glass and
Glassware Manufacturing
Glass Product Manufacturing Made of
Purchased Glass
Cement Manufacturing
vie
4,
ed
w
/16
19
Brick and Structural Clay Tile Manufacturing
Concrete Block and Brick Manufacturing
Ceramic Wall and Floor Tile Manufacturing
Clay Refractory Manufacturing
Other Structural Clay Product Manufacturing
Vitreous China Plumbing Fixture and China
and Earthenware Bathroom Accessories
Manufacturing
Vitreous China, Fine Earthenware, and Other
Pottery Product Manufacturing
Vitreous China, Fine Earthenware, and Other
Pottery Product Manufacturing
Porcelain Electrical Supply Manufacturing
Vitreous China, Fine Earthenware, and Other
Pottery Product Manufacturing
Notes
Multi-Sector General Permit (MSGP)
3253
3255
NAICS Codes
Appeal: 16-1024
E2
Doc: 75-2
3271
Filed: 01/04/2017
Pg: 317 of 376
3273
3274
Page N-9 of 63
E3
3275
3281
3291
327331
Concrete Block and Brick Manufacturing
327332
Concrete Pipe Manufacturing
327390
Other Concrete Product Manufacturing
(dry mixture concrete)
3272
Concrete Block and Brick
Concrete Products, Except Block and
Brick
(concrete pipe)
(concrete products, except dry mix
concrete and pipe)
327999
Ready-Mixed Concrete
Lime Manufacturing
Calcium hydroxide (i.e., hydrated
lime) manufacturing
Calcium oxide (i.e., quicklime)
manufacturing
Dolomite, dead-burned,
manufacturing
Hydrated lime (i.e., calcium
hydroxide) manufacturing
Quicklime (i.e., calcium oxide)
manufacturing
Agricultural lime manufacturing
Dolomitic lime manufacturing
Gypsum Products
Cut Stone and Stone Products
Abrasive Products
(except steel wool manufacturing)
327320
All Other Miscellaneous Nonmetallic Mineral
Product Manufacturing
Ready-Mix Concrete Manufacturing
327410
Lime Manufacturing
327410
Lime Manufacturing
327410
Lime Manufacturing
327410
Lime Manufacturing
327410
Lime Manufacturing
. 16
No
327910
(steel wool manufacturing)
332999
327410
327410
327420
327991
2/
1
Lime Manufacturing
Lime Manufacturing
Gypsum Product Manufacturing
Cut Stone and Stone Product Manufacturing
Abrasive Product Manufacturing
All Other Miscellaneous Fabricated Metal
Product Manufacturing
Any facility whose primary activity is
steel wool manufacturing (NAICS
332999) should be regulated under
Sector AA, but may continue to be
regulated under Sector E. Sector AA
applies additional technology-based
effluent limits comprised of good
housekeeping measures, spill
prevention and response procedures,
and spills and leaks; additional
SWPPP requirements; and additional
inspection requirements. Sector E
applies additional technology-based
effluent limits comprised of good
housekeeping measures, and
additional SWPPP requirements.
Multi-Sector General Permit (MSGP)
02
-1
vie
4,
ed
w
/16
19
Appeal: 16-1024
Doc: 75-2
3292
Filed: 01/04/2017
Pg: 318 of 376
Regulatory burden would likely be
greater under Sector AA.
Asbestos Products
All Other Miscellaneous Nonmetallic Mineral
Product Manufacturing
Motor Vehicle Brake System Manufacturing
Motor Vehicle Transmission and Power Train
Parts Manufacturing
(except brake pads and linings)
3295
Page N-10 of 63
3296
3297
3299
327999
(asbestos brake linings and pads)
(asbestos clutch facings, motor
vehicle)
Minerals and Earths, Ground or
Otherwise Treated
(grinding, washing, separating, etc. of
kaolin and ball clay)
(grinding, washing, separating, etc. of
clay, ceramic, and refractory minerals
not elsewhere classified)
(grinding, washing, separating, etc. of
chemical and fertilizer minerals, not
elsewhere classified)
(grinding, washing, separating, etc. of
nonmetallic minerals, not elsewhere
classified)
(except grinding, washing, separating,
etc. of nonmetallic minerals)
Mineral Wool
Nonclay Refractories
Nonmetallic Mineral Products, Not
Elsewhere Classified
336340
(clay statuary)
327112
Vitreous China, Fine Earthenware, and Other
Pottery Product Manufacturing
327420
Gypsum Product Manufacturing
327999
All Other Miscellaneous Nonmetallic Mineral
Product Manufacturing
F1
SIC Codes
3312
Kaolin and Ball Clay Mining
212325
Clay and Ceramic and Refractory Minerals
Mining
212393
Other Chemical and Fertilizer Mineral Mining
212399
All Other Nonmetallic Mineral Mining
327992
Steel Works, Blast Furnaces
(Including Coke Ovens), and Rolling
Mills
327993
327125
vie
4,
ed
w
/16
19
2/
1
Ground or Treated Mineral and Earth
Manufacturing
Mineral Wool Manufacturing
Nonclay Refractory Manufacturing
Sector F. Primary Metals
NAICS Codes
Notes
Multi-Sector General Permit (MSGP)
(moldings, ornamental and
architectural plaster work, and
gypsum statuary )
(except moldings, ornamental and
architectural plaster work, clay
statuary, and gypsum statuary)
Subsector
212324
02
-1
. 16
o
N
336350
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
(coke oven products [e.g., coke,
gases, tars] made in coke oven
establishments)
Page N-11 of 63
3313
3315
3316
(except coke ovens not integrated
with steel mills and hot-rolling
purchased steel)
(hot-rolling purchased steel)
Electrometallurigcal Products, Except
Steel
Steel Wiredrawing and Steel Nails
and Spikes
(steel wire drawing)
Cold-Rolled Steel Sheet, Strip, and
Bars
Pg: 319 of 376
324199
Any facility whose primary activity is
manufacturing coke oven products
(e.g., coke, gases, tars) made in coke
oven establishments should be
regulated under Sector D, but may
continue to be regulated under Sector
F. Sector F requires sector-specific
benchmark monitoring requirements
for total aluminum and total zinc,
Sector D does not require benchmark
monitoring from these facilities.
All Other Petroleum and Coal Products
Manufacturing
Regulatory burden would be greater
under Sector F.
331111
Iron and Steel Mills
331221
Rolled Steel Shape Manufacturing
Electrometallurigcal Ferroalloy Product
Manufacturing
331112
331222
vie
4,
2/
1
Steel Wire Drawing
Rolled Steel Shape Manufacturing
3317
Steel Pipe and Tubes
F2
3321
3322
3324
3325
331511
331511
331512
331513
F5
3331
Gray and Ductile Iron Foundries
Malleable Iron Foundries
Steel Investment Foundries
Steel Foundries, NEC
Primary Smelting and Refining of
Copper
Primary Production of Aluminum
Primary Smelting and Refining of
Nonferrous Metals, Except Copper
and Aluminum
Secondary Smelting and Refining of
Nonferrous Metals
(aluminum)
Iron and Steel Pipe and Tube Manufacturing
from Purchased Steel
Iron Foundries
Iron Foundries
Steel Investment Foundries
Steel Foundries (except Investment)
331411
Primary Smelting and Refining of Copper
331312
Primary Aluminum Production
331419
Primary Smelting and Refining of Nonferrous
Metal (except Copper and Aluminum)
(copper)
331423
3334
3339
3341
. 16
No
331210
331314
Secondary Smelting and Alloying of Aluminum
Secondary Smelting, Refining and Alloying of
Copper
Multi-Sector General Permit (MSGP)
02
-1
331221
ed
w
/16
19
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
(except copper and aluminum)
F3
3351
3353
3354
3355
3356
3357
Page N-12 of 63
F4
3363
3364
3365
3366
F5
3398
3399
Secondary Smelting, Refining and Alloying of
Nonferrous Metal (except Copper and
Aluminum)
331421
Copper Rolling, Drawing, and Extruding
331315
331316
Aluminum Sheet, Plate, and Foil Manufacturing
Aluminum Extruded Product Manufacturing
331319
Other Aluminum Rolling and Drawing
331491
Nonferrous Metal (Except Copper and
Aluminum) Rolling, Drawing, and Extruding
331319
331422
/16
19
332811
Other Aluminum Rolling and Drawing
Copper Wire (except Mechanical) Drawing
Nonferrous Metal (except Copper and
Aluminum) Rolling, Drawing, and Extruding
Fiber Optic Cable Manufacturing
Other Communication and Energy Wire
Manufacturing
Aluminum Die Casting Foundries
Nonferrous (Except Aluminum) Die Casting
Foundries
Aluminum Foundries (Except Die-Casting)
Copper Foundries (Except Die-Casting)
Other Nonferrous Foundries (Except DieCasting)
Metal Heat Treating
331111
Iron and Steel Mills
331221
331314
Rolled Steel Shape Manufacturing
Secondary Smelting and Alloying of Aluminum
Secondary Smelting, Refining, and Alloying of
Copper
Secondary Smelting, Refining, and Alloying of
Nonferrous Metal (except Copper and
Aluminum)
331491
335921
335929
331521
02
-1
. 16
o
N
331492
331522
331524
331525
331528
(copper powder, paste, flakes, etc.)
331423
(nonferrous powder, paste, flakes,
etc. except copper and aluminum)
331492
(nonferrous nails, brads, staples,
tacks, etc. made from purchased
nonferrous wire)
332618
vie
4,
ed
w
2/
1
Other Fabricated Wire Product Manufacturing
Multi-Sector General Permit (MSGP)
3369
Rolling, Drawing, and Extruding of
Copper
Aluminum Sheet, Plate, and Foil
Aluminum Extruded Products
Aluminum Rolling and Drawing, Not
Elsewhere Classified
Rolling, Drawing, and Extruding of
Nonferrous Metals, Except Copper
and Aluminum
Drawing and Insulating of Nonferrous
Wire
(aluminum wire drawing)
(copper wire drawing)
(wire drawing except copper or
aluminum)
(fiber optic cable-insulating only)
(communication and energy wire,
except fiber optic-insulating only)
Aluminum Die Castings
Nonferrous Die Castings, Except
Aluminum
Aluminum Foundries
Copper Foundries
Nonferrous Foundries, Except Copper
and Aluminum
Metal Heat Treating
Primary Metal Products, Not
Elsewhere Classified
(iron ore recovery from open hearth
slag)
(ferrous powder, paste, flakes, etc.)
(aluminum powder, paste, flakes, etc.)
Pg: 320 of 376
Appeal: 16-1024
Subsector
G1
G2
Doc: 75-2
Pg: 321 of 376
Sector G. Metal Mining (Ore Mining and Dressing)
SIC Codes
1021
1011
1021
1031
1041
1044
1061
1081
Page N-13 of 63
1094
1099
NAICS Codes
Copper Ores
Iron Ores
Copper Ores
Lead and Zinc Ores
Gold Ores
Silver Ores
Ferroalloy Ores, Except Vanadium
(nickel)
(other ferroalloys except nickel)
Metal Mining Services
(except site preparation and related
activities performed on a contract or
fee basis and geophysical surveying
and mapping)
(site preparation and related
construction activities on a contract
basis)
Uranium-Radium-Vanadium Ores
Miscellaneous Metal Ores, Not
Elsewhere Classified
Notes
212234
212210
212234
212231
212221
212222
Copper Ore and Nickel Ore Mining
Iron Ore Mining
Copper Ore and Nickel Ore Mining
Lead Ore and Zinc Ore Mining
Gold Ore Mining
Silver Ore Mining
212234
212299
Copper Ore and Nickel Ore Mining
All Other Metal Ore Mining
213114
Support Activities for Metal Mining
238910
Site Preparation Contractors
212291
212299
02
-1
vie
4,
ed
w
/16
19
2/
1
Uranium-Radium-Vanadium Ore Mining
All Other Metal Ore Mining
Sector H. Coal Mines and Coal Mining-Related Facilities
. 16
No
SIC Codes
1221
1222
1231
1241
Bituminous Coal and Lignite Surface
Mining
Bituminous Coal Underground Mining
Anthracite Mining
Coal Mining Services
(except site preparation and related
construction activities on a contract
basis)
(site preparation and related
construction activities on a contract
basis)
NAICS Codes
212111
Bituminous Coal and Lignite Surface Mining
212112
212113
Bituminous Coal Underground Mining
Anthracite Mining
213113
Support Activities for Coal Mining
238910
Site Preparation Contractors
Notes
Multi-Sector General Permit (MSGP)
Subsector
H1
Filed: 01/04/2017
Appeal: 16-1024
Subsector
I1
Doc: 75-2
SIC Codes
1311
1321
1381
1389
NAICS Codes
Page N-14 of 63
Crude Petroleum and Natural Gas
Natural Gas Liquids
Drilling Oil and Gas Wells
Oil and Gas Field Exploration
Services
Oil and Gas Field Services, Not
Elsewhere Classified
(except construction of field gathering
lines, site preparation and related
construction activities performed on a
contract or fee basis)
(construction of field gathering lines
on a contract or fee basis)
(site preparation and related
construction activities on a contract
basis)
SIC Codes
Crude Petroleum and Natural Gas Extraction
Natural Gas Liquid Extraction
Drilling Oil and Gas Wells
213112
Support Activities for Oil and Gas Operations
213112
Support Activities for Oil and Gas Operations
237120
Oil and Gas Pipeline and Related Structures
Construction
238910
Site Preparation Contractors
Crushed and Broken Limestone
Crushed and Broken Granite
02
-1
Dimension Stone
1429
1442
1446
1455
1459
1474
1475
1479
J2
211111
211112
213111
vie
4,
ed
w
/16
19
2/
1
1481
212311
N
. 16
o
Crushed and Broken Stone, Not
Elsewhere Classified
Construction Sand and Gravel
Industrial Sand
Kaolin and Ball Clay
Clay, Ceramic, and Refractory
Minerals, Not Elsewhere Classified
Potash, Soda, and Borate Minerals
Phosphate Rock
Chemical and Fertilizer Mineral
Mining, Not Elsewhere Classified
Nonmetallic Minerals Services,
Except Fuels
NAICS Codes
212321
212322
212324
Dimension Stone Mining and Quarrying
Crushed and Broken Limestone Mining and
Quarrying
Crushed and Broken Granite Mining and
Quarrying
Other Crushed and Broken Stone Mining and
Quarrying
Construction Sand and Gravel Mining
Industrial Sand Mining
Kaolin and Ball Clay Mining
212325
Clay, Ceramic, and Refractory Minerals Mining
212391
212392
Potash, Soda, and Borate Mineral Mining
Phosphate Rock Mining
212393
Other Chemical and Fertilizer Mineral Mining
212312
212313
212319
Notes
Multi-Sector General Permit (MSGP)
1411
1423
J3
Notes
Sector J. Mineral Mining and Dressing
1422
J1
Pg: 322 of 376
Sector I. Oil and Gas Extraction
1382
Subsector
J2
Filed: 01/04/2017
Appeal: 16-1024
Doc: 75-2
1499
SubSector
Page N-15 of 63
K1
HZ
LF
L2
LF
213115
Support Activities for Nonmetallic Minerals
(except Fuels)
238910
Site Preparation Contractors
212399
All Other Nonmetallic Mineral Mining
Sector K. Hazardous Waste Treatment, Storage or Disposal Facilities
/16
19
Narrative Description
•
•
•
•
•
Notes
Hazardous waste treatment
Hazardous waste storage
Hazardous waste disposal
Hazardous waste facilities operating under interim status
Hazardous waste facilities operating under a permit under
Subtitle C of RCRA
02
-1
vie
4,
HZ is the Activity Code (i.e., non-SIC / non-NAICS designation)
for this Sector. It potentially applies to any facility regardless of
SIC / NAICS Code, in addition to these specifically related to
hazardous waste:
• SIC 4953 Refuse Systems (hazardous waste treatment
and disposal);
• NAICS 562211 Hazardous Waste Treatment and
Disposal;
• NAICS 562112 Hazardous Waste Collection (hazardous
waste transfer stations).
ed
w
2/
1
Sector L. Landfills and Land Application Sites
Activity
Code
L1
Subsector
M1
(except geophysical surveying and
mapping and site preparation and
related construction activities
performed on a contract or fee basis)
(site preparation and related
construction activities on a contract
basis)
Miscellaneous Nonmetallic Minerals,
Except Fuels
(except bituminous limestone and
bituminous sandstone)
Pg: 323 of 376
. 16
No
Narrative Description
•
Notes
All Landfill, Land Application Sites and Open Dumps
All Landfill, Land Application Sites and Open Dumps, except Municipal
Solid Waste Landfill (MSWLF) Areas Closed in Accordance
with 40 CFR 258.
LF is the Activity Code (i.e., non-SIC and non-NAICS
designation) for this Sector. It may apply to any facility / SIC
Code / NAICS Code, in addition to these specifically related to
landfills and landfill application sites:
• SIC 4953 Refuse Systems (solid waste landfills);
• NAICS 562212 Solid Waste Landfill.
Industrial waste is waste from any of the facilities covered by
the MSGP (also described in 40 CFR 122.26(b)(14)).
Sector M. Automobile Salvage Yards
SIC Codes
5015
Motor Vehicle Parts, Used
(merchant wholesalers except those
selling via retail method)
NAICS Codes
423140
Motor Vehicle Parts (Used) Merchant
Wholesalers
Notes
Multi-Sector General Permit (MSGP)
SubSector
Activity
Code
Filed: 01/04/2017
Appeal: 16-1024
Subsector
N1
N2
SubSector
Doc: 75-2
SIC Codes
5093
5093
423930
Recyclable Material Merchant Wholesalers
423930
Recyclable Material Merchant Wholesalers
Narrative Description
•
•
•
•
Page N-16 of 63
•
Notes
steam electric power generation using coal, including coal
handling areas
steam electric power generation using natural gas
steam electric power generation using oil
steam electric power generation using nuclear energy
steam electric power generation using any other fuel to produce
a steam source
coal pile runoff (includes effluent limitations established by 40
CFR 423)
dual fuel co-generation (i.e., steam generation using fossil fuel
to augment a heat-capture generation system)
/16
19
SE is the Activity Code (i.e., non-SIC and non-NAICS
designation) for this Sector. It may apply to any facility / SIC
Code / NAICS Code, in addition to these specifically related to
steam electric generation:
•
SIC 4911 Electric Services (fossil fuel power
generation, nuclear electric power generation & other
electric power generation)
•
NAICS 221112 Fossil Fuel Electric Power Generation
•
NAICS 221113 Nuclear Electric Power Generation
ed
w
2/
1
NAICS Codes
4111
4119
482111
Line-Haul Railroads
482112
488210
Short Line Railroads
Support Activities for Rail Transportation
485111
485112
485113
Mixed Mode Transit Systems
Commuter Rail Systems
Bus and Other Motor Vehicle Transit Systems
485119
Other Urban Transit Systems
(airport transportation service)
4013
Railroads, Line-Haul Operating
Railroad Switching and Terminal
Establishments
(short line railroads)
(except short line railroads)
Local and Suburban Transit
(mixed mode)
(commuter rail)
(bus and motor vehicle)
(except mixed mode, commuter rail,
airport transportation service, and bus
and motor vehicle)
485999
All Other Transit and Ground Passenger
Transportation
Local Passenger Transportation, Not
Elsewhere Classified
Notes
Multi-Sector General Permit (MSGP)
e
viTransportation
Sector P. Land
4,
02
-1
. 16
No
SIC Codes
4011
Notes
Sector O. Steam Electric Generating Facilities
Activity
Code
SE
NAICS Codes
Scrap and Waste Materials
(merchant wholesalers except
Source-Separated Recycling)
Scrap and Waste Materials
(Source-Separated Recycling)
•
Subsector
P1
Pg: 324 of 376
Sector N. Scrap Recycling Facilities
•
O1
Filed: 01/04/2017
Appeal: 16-1024
Doc: 75-2
4121
4131
4141
4142
4151
4173
4212
Filed: 01/04/2017
Page N-17 of 63
(limousine rental with driver and
automobile rental with driver)
(employee transportation)
(special needs transportation)
(hearse rental with driver and carpool
and vanpool operation)
(sightseeing buses and cable and cog
railways, except scenic)
(land ambulance)
Taxicabs
Intercity and Rural Bus Transportation
Local Bus Charter Service
Bus Charter Service, Except Local
School Buses
Terminal and Service Facilities for
Motor Vehicle Passenger
Transportation
Local Trucking Without Storage
(general freight)
(household goods moving)
(specialized freight)
485320
Limousine Service
485410
485991
School and Employee Bus Transportation
Special Needs Transportation
All Other Transit and Ground Passenger
Transportation
485999
487110
Scenic and Sightseeing Transportation, Land
621910
485310
485210
485510
485510
485410
Ambulance Services
Taxi Service
Interurban and Rural Bus Transportation
Charter Bus Industry
Charter Bus Industry
School and Employee Bus Transportation
488490
Other Support Activities for Road
Transportation
484110
484210
484220
02
-1
562111
. 16
No
562112
562119
(general freight, truckload)
(general freight, less than truckload)
484122
(household goods moving)
484210
(specialized freight)
4214
484121
484230
Local Trucking With Storage
(general freight)
(household goods moving)
484110
484210
(specialized freight)
484220
ed
w
/16
19
2/
1
General Freight Trucking, Local
Used Household and Office Goods Moving
Specialized Freight (except Used Goods)
Trucking, Local
vie
4,
Solid Waste Collection
Hazardous Waste Collection
Other Waste Collection
General Freight Trucking, Long-Distance,
Truckload
General Freight Trucking, Long-Distance, Less
Than Truckload
Used Household and Office Goods Moving
Specialized Freight (except Used Goods)
Trucking, Long-Distance
General Freight Trucking, Local
Used Household and Office Goods Moving
Specialized Freight (except Used Goods)
Trucking, Local
Multi-Sector General Permit (MSGP)
4213
(solid waste collection without
disposal)
(hazardous waste collection without
disposal)
(other waste collection without
disposal)
Trucking, Except Local
Pg: 325 of 376
Appeal: 16-1024
Doc: 75-2
4215
4226
4231
4311
5171
Page N-18 of 63
Courier Services, Except by Air
(hub and spoke intercity delivery)
(local delivery)
Special Warehousing and Storage,
Not Elsewhere Classified
(warehousing in foreign trade zones)
(fur storage)
(except fur storage and warehousing
in foreign trade zones)
Terminal and Joint Terminal
Maintenance Facilities for Motor
Freight Transportation
United States Postal Service
Petroleum Bulk Stations and
Terminals
(except petroleum sold via retail
method)
(heating oil sold to final consumer)
(LP gas sold to final consumer)
Pg: 326 of 376
492110
492210
Couriers
Local Messengers and local Delivery
493110
493120
General Warehousing and Storage
Refrigerated Warehousing and Storage
493190
Other Warehousing and Storage
488490
Other Support Activities for Road
Transportation
491110
Postal Service
424710
Petroleum Bulk Stations and Terminals
454311
454312
Heating Oil Dealers
Liquefied Petroleum Gas (Bottled Gas) Dealers
ed
w
/16
19
2/
1
Sector Q. Water Transportation
Subsector
Q1
Filed: 01/04/2017
SIC Codes
4412
4424
4449
4481
NAICS Codes
02
-1
Deep Sea Foreign Transportation of
Freight
Deep Sea Domestic Transportation of
Freight
Freight Transportation on the Great
Lakes - St. Lawrence Seaway
Water Transportation of Freight, Not
Elsewhere Classified
Deep Sea Transportation of
Passengers, Except by Ferry
(deep sea activities)
. 16
No
483111
483113
483113
4482
Deep Sea Freight Transportation
Coastal and Great Lakes Freight
Transportation
Coastal and Great Lakes Freight
Transportation
483211
Inland Water Freight Transportation
483112
Deep Sea Passenger Transportation
Coastal and Great Lakes Passenger
Transportation
(coastal activities)
483114
(coastal and Great Lakes)
483114
(inland)
483212
Ferries
Notes
Coastal and Great Lakes Passenger
Transportation
Inland Water Passenger Transportation
Multi-Sector General Permit (MSGP)
4432
vie
4,
Appeal: 16-1024
Doc: 75-2
4489
4491
4492
4493
4499
Filed: 01/04/2017
Page N-19 of 63
Water Transportation of Passengers,
Not Elsewhere Classified
(water taxis)
(airboats, excursion boats, and
sightseeing boats)
Marine Cargo Handling
(dock and pier operations)
(all but dock and pier operations)
Towing and Tugboat Services
Marinas
Water Transportation Services, Not
Elsewhere Classified
(lighterage)
(lighthouse and canal operations)
(piloting vessels in and out of harbors
and marine salvage)
(all but lighthouse operations, piloting
vessels in and out of harbors, boat
and ship rental, marine salvage,
lighterage, marine surveyor services,
and canal operations)
483212
Inland Water Passenger Transportation
487210
Scenic and Sightseeing Transportation, Water
488310
488320
488330
713930
Port and Harbor Operations
Marine Cargo Handling
Navigational Services to Shipping
Marinas
483211
488310
Inland Water Freight Transportation
Port and Harbor Operations
488330
Navigational Services to Shipping
488390
Other Support Activities for Water
Transportation
532411
SIC Codes
3732
2/
1
Commercial Air, Rail, and Water
Transportation Equipment Rental and Leasing
NAICS Codes
Ship Building and Repairing
(except repairs in floating drydocks)
(repair services provided by floating
drydocks)
Boat Building and Repairing
(boat building)
(pleasure boat repair and
maintenance services without retailing
new boats)
336611
488390
Ship Building and Repairing
Other Support Activities for Water
Transportation (includes ship scaling facilities)
336612
Boat Building
811490
Other Personal and Household Goods Repair
and Maintenance
(ship scaling)
488390
(motorboat [i.e., inboard and
outboard] repair and maintenance
811490
Other Support Activities for Water
Transportation (drydocks, floating [i.e., routine
repair and maintenance of ships]; other
support activities for water transportation; ship
dismantling at floating drydock; ship scaling
services not done at a shipyard)
Other Personal and Household Goods Repair
and Maintenance
Notes
Multi-Sector General Permit (MSGP)
3731
ed
w
/16
19
ie
vBuilding and Repair Yards
Sector R. Ship and4,
2 Boat
-10
. 16
No
(boat and ship rental, commercial)
Subsector
R1
Pg: 327 of 376
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
Pg: 328 of 376
services; outboard motor repair
shops)
Sector S. Air Transportation Facilities
Subsector
S1
SIC Codes
4512
NAICS Codes
Notes
Air Transportation, Scheduled
(passenger)
481111
Scheduled Passenger Air Transportation
(freight)
481112
Scheduled Freight Air Transportation
492110
Couriers
4513
Air Courier Services
4522
Air Transportation, Nonscheduled
481212
(using general purpose aircraft for a
variety of passenger, freight, courier,
and other uses)
481219
(sightseeing planes)
487990
(air ambulance)
4581
481211
(freight)
Page N-20 of 63
(passenger)
621910
. 16
No
(aircraft servicing and repairing)
ed
w
2/
1
Other Nonscheduled Air Transportation
vie
4,
Scenic and Sightseeing Transportation, Other
Ambulance Services
488119
Other Airport Operations
488190
Other Support Activities for Air Transportation
Multi-Sector General Permit (MSGP)
02
-1
Airports, Flying Fields, and Airport
Terminal Services
(air freight handling at airports, hangar
operations, airport terminal services,
aircraft storage, airports, and flying
fields)
/16
19
Nonscheduled Chartered Passenger Air
Transportation
Nonscheduled Chartered Freight Air
Transportation
Appeal: 16-1024
Subsector
Doc: 75-2
Narrative Description
•
TW
•
•
Subsector
U3
Pg: 329 of 376
Sector T. Treatment Works
Activity
Code
•
T1
Filed: 01/04/2017
Notes
treatment works with a design flow of 1.0 MGD or more treating
domestic sewage or any other sewage sludge;
wastewater treatment devices or system used by the treatment
works for the storage, treatment, recycling and reclamation of
municipal or domestic sewage;
land located within the confines of the treatment works that is
dedicated to the disposal of sewage sludge;
treatment works required to have an approved pretreatment
program under 40 CFR Part 403
TW is the Activity Code (i.e., non-SIC and non-NAICS
designation) for this Sector. It may apply to any facility / SIC
Code / NAICS Code, in addition to these specifically related to
treatment works:
•
SIC 4952 Sewerage Systems
•
NAICS 221320 Sewage Treatment Facilities
/16
19
Sector U. Food and Kindred Products
SIC Codes
2011
NAICS Codes
Page N-21 of 63
2021
2023
2024
2026
2032
2033
Ice Cream and Frozen Deserts
Fluid Milk
(except ultra-high temperature)
311520
311514
311613
02
-1
. 16
o
N
311612
Canned Specialties
(except canned puddings)
(canned puddings)
Canned Fruits, Vegetables,
Preserves, Jams, and Jellies
311615
311999
311512
2/
1
Animal (except Poultry) Slaughtering
vie
4,
ed
w
Meat Processed from Carcasses
Rendering and Meat Byproduct Processing
Poultry Processing
All Other Miscellaneous Food Manufacturing
Creamery Butter Manufacturing
311513
Cheese Manufacturing
311511
Fluid Milk Manufacturing
Dry, Condensed, and Evaporated Dairy
Product Manufacturing
Ice Cream and Frozen Desert Manufacturing
311511
Fluid Milk Manufacturing
Dry, Condensed, and Evaporated Dairy
Product Manufacturing
311422
311999
Specialty Canning
All Other Miscellaneous Food Manufacturing
311421
Fruit and Vegetable Canning
Multi-Sector General Permit (MSGP)
2022
311514
(ultra-high temperature)
2015
311611
(except liquid non-dairy creamer)
2013
Meat Packing Plants
Sausages and Other Prepared Meat
Products
(except lard made from purchased
materials)
(lard made from purchased materials)
Poultry Slaughtering and Processing
(poultry slaughtering and processing)
(egg processing)
Creamery Butter
Natural, Processed, and Imitation
Cheese
Dry, Condensed and Evaporated
Dairy Products
(liquid non-dairy creamer)
Notes
Appeal: 16-1024
Doc: 75-2
2034
2035
Filed: 01/04/2017
Dried and Dehydrated Fruits,
Vegetables and Soup Mixes
(vegetable flour)
(except vegetable flour and soup
mixes made from purchased dried
and dehydrated ingredients)
(soup mixes made from purchased
dehydrated ingredients)
Pickled Fruits and Vegetables,
Vegetable Sauces and Seasonings,
and Salad Dressings
(pickled fruits and vegetables)
(sauces and salad dressings)
2045
Prepared Flour Mixes and Doughs
2046
Wet Corn Milling
(except refining purchased corn oil)
(refining purchased corn oil)
Dog and Cat Food
Prepared Feeds and Feed Ingredients
for Animals and Fowls, Except Dogs
and Cats
(except slaughtering animals for pet
food)
(slaughtering animals for pet food)
Bread and Other Bakery Products,
Except Cookies and Crackers
Cookies and Crackers
(unleavened bread and soft pretzels)
(except unleavened bread and
pretzels)
2038
Page N-22 of 63
U1
2041
2043
2047
2048
U3
2051
2052
311211
Flour Milling
311423
Dried and Dehydrated Food Manufacturing
311999
All Other Miscellaneous Food Manufacturing
311421
Fruit and Vegetable Canning
Mayonnaise, Dressing, and Other Prepared
Sauce Manufacturing
Frozen Fruit, Juice, and Vegetable
Manufacturing
311941
311411
Frozen Specialty Food Manufacturing
311211
Flour Milling
311230
02
-1
. 16
No
2/
1
311412
311920
311212
311822
vie
4,
ed
w
/16
19
Breakfast Cereal Manufacturing
Coffee and Tea Manufacturing
Rice Milling
Flour Mixes and Dough Manufacturing from
Purchased Flour
311221
311225
311111
Wet Corn Milling
Fats and Oils Refining and Blending
Dog and Cat Food Manufacturing
311119
Other Animal Food Manufacturing
311611
Animal (except Poultry) Slaughtering
311812
Commercial Bakeries
311812
Commercial Bakeries
311821
Cookie and Cracker Manufacturing
Multi-Sector General Permit (MSGP)
2044
Frozen Fruits, Fruit Juices, and
Vegetables
Frozen Specialties, Not Elsewhere
Classified
Flour and Other Grain Mill Products
Cereal Breakfast Foods
(cereal breakfast foods and related
preparations except grain based
coffee substitutes)
(grain based coffee substitutes)
Rice Milling
2037
Pg: 330 of 376
Appeal: 16-1024
Doc: 75-2
2053
2061
2062
2063
2064
Filed: 01/04/2017
(hard pretzels and snack pretzels,
except soft)
Frozen Bakery Products, Except
Bread
Cane Sugar, Except Refining
Cane Sugar Refining
Beet Sugar
Candy and Other Confectionery
Products
Pg: 331 of 376
311919
311813
311311
311312
311313
(chocolate confectionery)
(nonchocolate confectionery)
2066
311330
311340
Page N-23 of 63
2068
U2
Salted and Roasted Nuts and Seeds
2074
Cottonseed Oil Mills
(cottonseed processing)
(processing purchased cottonseed oil)
Soybean Oil Mills
(soybean processing, except edible
soybean oil)
(processing purchased soybean oil)
Vegetable Oil Mills, Except Corn,
Cottonseed, and Soybean
(oilseed processing)
(processing purchased vegetable and
oilseed oils)
Animal and Marine Fats and Oils
(animal fats and oils)
(canned marine fats and oils)
(fresh and frozen marine fats and oils)
Shortening, Table Oils, Margarine,
and Other Edible Fats and Oils, Not
Elsewhere Classified
(processing soybean oil into edible
cooking oils from soybeans crushed in
the same establishment)
2075
2076
2077
2079
311320
311330
311340
311911
311223
311225
. 16
No
02
-1
311222
Confectionery Manufacturing from Purchased
Chocolate
Nonchocolate Confectionery Manufacturing
/16
19
Chocolate and Confectionery Manufacturing
from Cacao Beans
Confectionery Manufacturing from Purchased
Chocolate
Nonchocolate Confectionery Manufacturing
Roasted Nuts and Peanut Butter
Manufacturing
vie
4,
ed
w
2/
1
Other Oilseed Processing
Fats and Oils Refining and Blending
Soybean Processing
311225
Fats and Oils Refining and Blending
311223
Other Oilseed Processing
311225
Fats and Oils Refining and Blending
311613
311711
311712
Rendering and Meat Byproduct Processing
Seafood Canning
Fresh and Frozen Seafood Processing
311222
Soybean Processing
Multi-Sector General Permit (MSGP)
2067
Chocolate and Cocoa Products
(except chocolate products, made
from purchased chocolate)
(chocolate products made from
purchased chocolate)
Chewing Gum
Other Snack Food Manufacturing (pretzels,
except soft)
Frozen Cakes, Pies, and Other Pastries
Manufacturing
Sugarcane Mills
Cane Sugar Refining
Beet Sugar Manufacturing
Appeal: 16-1024
U3
Doc: 75-2
2082
2083
2084
2085
2086
Page N-24 of 63
2087
2092
2095
2096
2097
2098
2099
(processing vegetable oils, except
soybean, into edible cooking oils from
oilseeds and vegetables crushed in
the same establishment)
(except processing vegetable and
soybean oils into edible oils from
oilseeds and vegetables crushed in
the same establishment)
Malt Beverages
(malt extract)
(except malt extract)
Malt
Wines, Brandy and Brandy Spirits
Distilled and Blended Liquors
(apple jack)
(except apple jack)
Bottled and Canned Soft Drinks and
Carbonated Water
(except bottled water)
(bottled water)
Flavoring Extracts and Flavoring
Syrups, Not Elsewhere Classified
(coffee flavoring and syrups)
(flavoring syrups and concentrates
except coffee)
(flavoring extracts and natural food
colorings)
(powered drink mix)
Canned and Cured Fish and
Seafoods
Prepared Fresh or Frozen Fish and
Seafoods
Roasted Coffee
Potato Chips, Corn Chips, and Similar
Snacks
Maufactured Ice
Macaroni, Spaghetti, Vermicelli, and
Noodles
Food Preparations, Not Elsewhere
Classified
(rice, uncooked and packaged with
other ingredients made in rice mills)
(marshmallow creme)
311223
Other Oilseed Processing
311225
Fats and Oils Refining and Blending
311942
312120
311213
312130
Spice and Extract Manufacturing
Breweries
Malt Manufacturing
Wineries
312130
312140
Wineries
Distilleries
312111
312112
Soft Drink Manufacturing
Bottled Water Manufacturing
311920
02
-1
. 16
o
N
Pg: 332 of 376
311930
311942
vie
4,
ed
w
/16
19
2/
1
Coffee and Tea Manufacturing
Flavoring Syrup and Concentrate
Manufacturing
Spice and Extract Manufacturing
311999
All Other Miscellaneous Food Manufacturing
311711
Seafood Canning
311712
Fresh and Frozen Seafood Processing
311920
Coffee and Tea Manufacturing
311919
Other Snack Food Manufacturing
312113
Ice manufacturing
311823
Dry Pasta Manufacturing
311212
Rice Milling
311340
Nonchocolate Confectionery Manufacturing
Multi-Sector General Permit (MSGP)
2091
Filed: 01/04/2017
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
(bouillon and potatoes dried and
packaged with other ingredients
produced in dehydrating plants)
(dry pasta packaged with other
ingredients made in dry pasta plants)
(tortillas)
Pg: 333 of 376
311423
Dried and Dehydrated Food Manufacturing
311823
Dry Pasta Manufacturing
311830
Tortilla Manufacturing
Roasted Nuts and Peanut Butter
Manufacturing
Coffee and Tea Manufacturing
Mayonnaise, Dressing, and Other Prepared
Sauce Manufacturing
(peanut butter)
(tea)
Page N-25 of 63
2141
Subsector
V1
311941
(spices, dry dip mix, dry salad
dressing mix, and seasoning mix)
(perishable prepared food)
(except bouillon, marshmallow creme,
spices, peanut butter, perishable
prepared foods, tortillas, tea and tea
extracts, dry dip mix, prepared dips,
dry salad dressing mix, seasoning
mix, dried potatoes, pasta, and rice
mixed with other ingredients in mills or
dehydrating plants, reducing maple
sap to maple syrup, wool grease, and
vinegar)
Cigarettes
Cigars
Chewing and Smoking Tobacco and
Snuff
Tobacco Stemming and Redrying
(stemming and redrying tobacco)
(reconstituted tobacco)
311942
Spice and Extract Manufacturing
311991
Perishable Prepared Food Manufacturing
311999
02
-1
. 16
No
312221
312229
ed
w
/16
19
2/
1
All Other Miscellaneous Food Manufacturing
vie
4,
Cigarette Manufacturing
Other Tobacco Product Manufacturing
312229
Other Tobacco Product Manufacturing
312210
312229
Tobacco Stemming and Redrying
Other Tobacco Product Manufacturing
Sector V. Textile Mills, Apparel, and Other Fabric Product Manufacturing
SIC Codes
2211
2221
2231
Broadwoven Fabric Mills, Cotton
Broadwoven Fabric Mills, Manmade
Fiber and Silk
Broadwoven Fabric Mills, Wool
(Including Dyeing and Finishing)
(except finishing wool fabric without
weaving wool fabric)
(wool broadwoven fabric finishing
without weaving fabric)
NAICS Codes
313210
Broadwoven Fabric Mills
313210
Broadwoven Fabric Mills
313210
Broadwoven Fabric Mills 2231
313311
Broadwoven Fabric Finishing Mills
Notes
Multi-Sector General Permit (MSGP)
2131
311920
(vinegar, prepared dip)
2111
2121
311911
Appeal: 16-1024
Doc: 75-2
2241
2251
2252
Page N-26 of 63
2253
2257
2258
(wool fabric, except broadwoven,
finishing without weaving fabric)
Narrow Fabric and Other Smallwares
Mills: Cotton, Wool, Silk and
Manmade Fiber
Women’s Full-Length and KneeLength Hosiery, Except Socks
(dyeing and finishing sheer hosiery
without knitting sheer hosiery)
(except dyeing and finishing sheer
hosiery without knitting sheer hosiery)
Hosiery, Not Elsewhere Classified
(dyeing and finishing hosiery , except
sheer, without knitting hosiery)
(girls’ full length and knee length
sheer hosiery)
(except girls' full-length and kneelength sheer hosiery and dyeing and
finishing hosiery without knitting
hosiery)
Knit Outerwear Mills
(dyeing and finishing knit outerwear
without knitting outerwear)
(except bath and lounging robes and
dying and finish without knitting
garments)
(knitting bath or lounging robes)
Knit Underwear and Nightwear Mills
(dyeing and finishing underwear and
nightwear without knitting garments)
(except dyeing and finishing
underwear and nightwear without
knitting garments)
Weft Knit Fabric Mills
(except finishing without knitting weft
fabric)
(finishing weft fabric without knitting
weft fabric)
Weft Knit Fabric Mills
(except finishing without knitting weft
fabric)
(finishing weft fabric without knitting
weft fabric)
Pg: 334 of 376
313312
Textile and Fabric Finishing (except
Broadwoven Fabric) Mills
313221
Narrow Fabric Mills
313312
Textile and Fabric Finishing (except
Broadwoven Fabric) Mills
315111
Sheer Hosiery Mills
313312
Textile and Fabric Finishing (except
Broadwoven Fabric) Mills
315111
Sheer Hosiery Mills
315119
Other Hosiery and Sock Mills
313312
. 16
No
02
-1
315191
315192
vie
4,
ed
w
/16
19
2/
1
Textile and Fabric Finishing (except
Broadwoven Fabric) Mills
Outerwear Knitting Mills
Underwear and Nightwear Knitting Mills
313312
Textile and Fabric Finishing (except
Broadwoven Fabric) Mills
315192
Underwear and Nightwear Knitting Mills
313241
Weft Knit Fabric Mills
313312
Textile and Fabric Finishing (except
Broadwoven Fabric) Mills
313241
Weft Knit Fabric Mills
313312
Textile and Fabric Finishing (except
Broadwoven Fabric) Mills
Multi-Sector General Permit (MSGP)
2254
Filed: 01/04/2017
Appeal: 16-1024
Doc: 75-2
2259
2261
2262
Page N-27 of 63
2269
Filed: 01/04/2017
Knitting Mills, Not Elsewhere
Classified
(knitting weft fabric and fabricating
textile products, such as bedspreads,
curtains, or towels)
(knitting lace or warp fabric and
fabricating textile products, such as
bedspreads, curtains, or towels)
(dyeing and finishing knit gloves and
mittens without knitting gloves or
mittens)
(knitting gloves and mittens)
(knitting girdles and allied foundation
garments)
Finishers of Broadwoven Fabrics of
Cotton
Finishers of Broadwoven Fabrics of
Manmade Fibers and Silk
Finishers of Textiles, Not Elsewhere
Classified
(linen fabric finishing)
(except linen fabric finishing)
2273
2281
2282
2295
2296
2297
2298
2299
313241
Weft Knit Fabric Mills
313249
Other Knit Fabric and Lace Mills
313312
Textile and Fabric Finishing (except
Broadwoven Fabric) Mills
315191
Outerwear Knitting Mills
315192
Underwear and Nightwear Knitting Mills
313311
Broadwoven Fabric Finishing Mills
313311
Broadwoven Fabric Finishing Mills
313311
313312
02
-1
Carpets and Rugs
Yarn Spinning Mills
Yarn Texturizing, Throwing, Twisting
and Spinning Mills
Thread Mills
(except finishing thread without
manufacturing thread)
(finishing thread without
manufacturing thread)
Coated Fabrics, Not Rubberized
Tire Cord and Fabrics
Nonwoven Fabrics
Cordage and Twine
(hemp rope made in spinning mills)
(except hemp rope made in spinning
mills)
Textile Goods, Not Elsewhere
Classified
. 16
No
314110
313111
313112
313113
313312
313320
314992
313230
vie
4,
ed
w
/16
19
2/
1
Broadwoven Fabric Finishing Mills
Textile and Fabric Finishing (except
Broadwoven Fabric) Mills
Carpet and Rug Mills
Yarn Spinning Mills
Yarn Texturizing, Throwing, Twisting Mills
Thread Mills
Textile and Fabric Finishing (except
Broadwoven Fabric) Mills
Fabric Coating Mills
Tire Cord and Tire fabric Mills
Nonwoven Fabric Mills
313111
Yarn Spinning Mills
314991
Rope, Cordage, and Twine Mills
Multi-Sector General Permit (MSGP)
2284
Pg: 335 of 376
Appeal: 16-1024
Doc: 75-2
2311
Filed: 01/04/2017
(hemp bags made in spinning mills, &
spinning yarn of flax, hemp, jute, and
ramie)
(manufacturing thread of hemp, linen,
and ramie)
(broadwoven fabrics of jute, linen,
hemp, and ramie and hand woven
fabrics)
(narrow woven fabric of jute, linen,
hemp, and ramie)
(nonwoven felt)
(finishing hard fiber thread and yarn
without manufacturing thread or yarn)
(manufacturing other textile products)
Men’s and Boys’ Suits, Coats, and
Overcoats
Pg: 336 of 376
313111
Yarn Spinning Mills
313113
Thread Mills
313210
Broadwoven Fabric Mills
313221
Narrow Fabric Mills
313230
Nonwoven Fabric Mills
Textile and Fabric Finishing (except
Broadwoven Fabric) Mills
All Other Miscellaneous Textile Product Mills
313312
314999
Page N-28 of 63
(contractors)
(except contractors)
2321
315211
315222
Men’s and Boys’ Shirts, Except Work
Shirts
(contractors)
(except contractors)
315223
02
-1
. 16
No
Men’s and Boys’ Underwear and
Nightwear
(contractors)
(except contractors)
2323
315211
315221
Men's and Boys' Neckwear
(contractors)
2325
315211
(except contractors)
Men’s and Boys’ Separate Trousers
and Slacks
315993
(contractors)
315211
(except contractors)
315224
2/
1
Men’s and Boys’ Cut and Sew Apparel
Contractors
Men’s and Boys’ Cut and Sew Suit, Coat and
Overcoat Manufacturing
vie
4,
ed
w
Men's and Boys' Cut and Sew Apparel
Contractors
Men’s and Boys’ Cut and Sew Shirt (except
Work Shirt) Manufacturing
Men's and Boys' Cut and Sew Apparel
Contractors
Men’s and Boys’ Cut and Sew Underwear and
Nightwear Manufacturing
Men's and Boys' Cut and Sew Apparel
Contractors
Men’s and Boys’ Neckwear Manufacturing
Men's and Boys' Cut and Sew Apparel
Contractors
Men’s and Boys’ Cut and Sew Trouser, Slack
and Jean Manufacturing
Multi-Sector General Permit (MSGP)
2322
315211
/16
19
Appeal: 16-1024
Doc: 75-2
2326
Filed: 01/04/2017
Pg: 337 of 376
Men’s and Boys’ Work Clothing
(contractors)
(except contractors)
2329
315211
315225
Men’s and Boys’ Clothing, Not
Elsewhere Classified
(contractors)
2331
(except team athletic uniforms and
contractors)
(team athletic uniforms except
contractors)
Women’s, Misses’, and Juniors’
Blouses and Shirts
315211
315228
315299
(contractors)
(except contractors)
Page N-29 of 63
2335
315212
315232
Women’s, Misses’, and Juniors’
Dresses
(contractors)
315233
Women’s, Misses’, and Juniors’ Suits,
Skirts, and Coats
. 16
No
(contractors)
(except contractors)
2339
315212
315234
Women’s, Misses’, and Juniors’
Outerwear, Not Elsewhere Classified
(contractors)
(except team athletic uniforms,
scarves, and contractors)
(team athletic uniforms except
contractors)
(scarves except contractors)
315212
315239
Men's and Boys' Cut and Sew Apparel
Contractors
Men’s and Boys’ Cut and Sew Other
Outerwear Manufacturing
All Other Cut and Sew Apparel Manufacturing
/16
19
Women’s, Girls’, and Infants’ Cut and Sew
Apparel Contractors
Women’s and Girls’ Cut and Sew Blouse and
Shirt Manufacturing
vie
4,
ed
w
2/
1
Women's, Girls', and Infants' Cut and Sew
Apparel Contractors
Women’s and Girls’ Cut and Sew Dress
Manufacturing
Women's, Girls', and Infants' Cut and Sew
Apparel Contractors
Women’s and Girls’ Cut and Sew Suit, Coat,
Tailored Jacket, and Skirt Manufacturing
Women's, Girls', and Infants' Cut and Sew
Apparel Contractors
Women’s and Girls’ Cut and Sew Other
Outerwear Manufacturing
315299
All Other Cut and Sew Apparel Manufacturing
315999
Other Apparel Accessories and Other Apparel
Manufacturing
Multi-Sector General Permit (MSGP)
02
-1
(except contractors)
2337
315212
Men's and Boys' Cut and Sew Apparel
Contractors
Men’s and Boys’ Cut and Sew Work Clothing
Manufacturing
Appeal: 16-1024
Doc: 75-2
2341
Filed: 01/04/2017
Pg: 338 of 376
Women’s, Misses’, Children’s, and
Infants’ Underwear and Nightwear
(boys’ contractors)
(women's, girls', and infants'
contractors)
315221
(women and girls’ except contractors)
315231
(infants’ except contractors)
Brassieres, Girdles, and Allied
Garments
315291
(contractors)
315212
(except contractors)
2353
315212
(boys’ except contractors)
2342
315211
315231
Hats, Caps, and Millinery
Page N-30 of 63
(men's and boys' contractors)
2361
(women's, girls', and infants'
contractors)
(except contractors)
Girls’, Children’s, and Infants’
Dresses, Blouses, and Shirts
315211
315212
315991
. 16
No
(girls’ and infants’ contractors)
315212
(boys’ shirts except contractors)
315223
(girls’ blouses and shirts except
contractors)
315232
(girls’ dresses except contractors)
2369
315211
315233
(infants’ except contractors)
Girls’, Children’s, and Infants’
Outerwear, Not Elsewhere Classified
315291
(boys’ contractors)
315211
(girls’ and infants' contractors)
315212
(boys’ robes except contractors)
315221
/16
19
Women's, Girls', and Infants' Cut and Sew
Apparel Contractors
Women’s and Girls’ Cut and Sew Lingerie,
Loungewear, and Nightwear Manufacturing
ed
w
2/
1
Men's and Boys' Cut and Sew Apparel
Contractors
Women’s, Girls’, and Infants’ Cut and Sew
Apparel Contractors
Hat, Cap, and Millinery Manufacturing
vie
4,
Men's and Boys' Cut and Sew Apparel
Contractors
Women's, Girls', and Infants' Cut and Sew
Apparel Contractors
Men’s and Boys’ Cut and Sew Shirt (except
Work Shirt) Manufacturing
Women’s and Girls’ Cut and Sew Blouse and
Shirt Manufacturing
Women’s and Girls’ Cut and Sew Dress
Manufacturing
Infants’ Cut and Sew Apparel Manufacturing
Men's and Boys' Cut and Sew Apparel
Contractors
Women's, Girls', and Infants' Cut and Sew
Apparel Contractors
Men's and Boys' Cut and Sew Underwear and
Nightwear Manufacturing
Multi-Sector General Permit (MSGP)
02
-1
(boys’ contractors)
Men's and Boys' Cut and Sew Apparel
Contractors
Women's, Girls', and Infants' Cut and Sew
Apparel Contractors
Men's and Boys' Cut and Sew Underwear and
Nightwear Manufacturing
Women’s and Girls’ Cut and Sew Lingerie,
Loungewear, and Nightwear Manufacturing
Infants’ Cut and Sew Apparel Manufacturing
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
(boys’ suits and coats except
contractors)
(boys’ trousers, slacks, and jeans
except contractors)
(boys’ other outerwear except
contractors)
(girls’ robes except contractors)
2371
(girls’ suits, coats, jackets, and skirts
except contractors)
(girls’ other outerwear except
contractors)
(infants’ except contractors)
Fur Goods
(men's and boys' contractors)
Page N-31 of 63
2381
(women's, girls', and infants'
contractors)
(except contractors)
Dress and Work Gloves, Except Knit
and All-Leather
(men's and boys' contractors)
2384
Pg: 339 of 376
315222
315224
315228
315231
315234
315239
315291
315211
315212
315292
315211
. 16
o
315212
315992
(men’s and boys’ contractors)
315211
(women’s, girls’, and infants'
contractors)
315212
(men’s except contractors)
315221
(women’s except contractors)
315231
N
2385
Waterproof Outerwear
(men’s and boys' contractors)
(women’s, girls’, and infants'
contractors)
(men’s and boys’ water resistant or
water repellent tailored overcoats,
except made from rubberized fabric,
plastics, etc. and contractors)
315211
315212
315222
/16
19
Men's and Boys' Cut and Sew Apparel
Contractors
Women’s, Girls’, and Infants’ Cut and Sew
Apparel Contractors
Fur and Leather Apparel Manufacturing
vie
4,
ed
w
2/
1
Men's and Boys' Cut and Sew Apparel
Contractors
Women’s, Girls’, and Infants’ Cut and Sew
Apparel Contractors
Glove and Mitten Manufacturing
Men's and Boys' Cut and Sew Apparel
Contractors
Women's, Girls', and Infants' Cut and Sew
Apparel Contractors
Men's and Boys' Cut and Sew Underwear and
Nightwear Manufacturing
Women’s and Girls’ Cut and Sew Lingerie,
Loungewear, and Nightwear Manufacturing
Men's and Boys' Cut and Sew Apparel
Contractors
Women's, Girls', and Infants' Cut and Sew
Apparel Contractors
Men's and Boys' Cut and Sew Suit, Coat, and
Overcoat Manufacturing
Multi-Sector General Permit (MSGP)
02
-1
(women's, girls', and infants'
contractors)
(except contractors)
Robes and Dressing Gowns
Men's and Boys' Cut and Sew Suit, Coat, and
Overcoat Manufacturing
Men’s and Boys’ Cut and Sew Trouser, Slack
and Jean Manufacturing
Men’s and Boys’ Cut and Sew Other
Outerwear Manufacturing
Women’s and Girls’ Cut and Sew Lingerie,
Loungewear, and Nightwear Manufacturing
Women’s and Girls’ Cut and Sew Suit, Coat,
Tailored Jacket, and Skirt Manufacturing
Women’s and Girls’ Cut and Sew Other
Outerwear Manufacturing
Infants’ Cut and Sew Apparel Manufacturing
Appeal: 16-1024
Doc: 75-2
Page N-32 of 63
2386
Filed: 01/04/2017
(men’s and boys’ water resistant or
water repellent nontailored outerwear,
except made from rubberized fabric,
plastics, etc. and contractors)
(women’s and girls’ water resistant or
water repellent tailored coats, except
made from rubberized fabric, plastics,
etc. and contractors)
(other women’s and girls’ water
resistant or water repellent
nontailored outerwear, except made
from rubberized fabric, plastics, etc.
and contractors)
(infants’ waterproof outerwear made
from rubberized fabric, plastics, etc.
except contractors)
(men's, boys', women's, and girls'
waterproof outerwear made from
rubberized fabric, plastics, etc. except
contractors)
(accessories, such as aprons, bibs,
and other miscellaneous waterproof
items, made from rubberized fabric,
plastics, etc. except contractors)
Leather and Sheep-Lined Clothing
Men’s and Boys’ Cut and Sew Other
Outerwear Manufacturing
315234
Women’s and Girls’ Cut and Sew Suit, Coat,
Tailored Jacket, and Skirt Manufacturing"
315239
Women’s and Girls’ Cut and Sew Other
Outerwear Manufacturing
315291
Infants’ Cut and Sew Apparel Manufacturing
315299
All Other Cut and Sew Apparel Manufacturing
315999
315211
315212
315292
(men's and boys' contractors)
(women's, girls', and infants'
contractors)
315212
(except contractors)
2389
315211
315999
Apparel and Accessories, Not
Elsewhere Classified
(men's and boys' contractors)
315211
(women's, girls', and infants'
contractors)
315212
vie
4,
ed
w
/16
19
2/
1
Other Apparel Accessories and Other Apparel
Manufacturing
Men's and Boys' Cut and Sew Apparel
Contractors
Women’s, Girls’, and Infants’ Cut and Sew
Apparel Contractors
Fur and Leather Apparel Manufacturing
Men's and Boys' Cut and Sew Apparel
Contractors
Women’s, Girls’, and Infants’ Cut and Sew
Apparel Contractors
Other Apparel Accessories and Other Apparel
Manufacturing
Men's and Boys' Cut and Sew Apparel
Contractors
Women's, Girls', and Infants' Cut and Sew
Apparel Contractors
Multi-Sector General Permit (MSGP)
. 16
o
(women's, girls', and infants'
contractors)
(except contractors)
Apparel Belts
N
315228
02
-1
(men's and boys' contractors)
2387
Pg: 340 of 376
Appeal: 16-1024
Doc: 75-2
2391
2392
2393
2394
2395
Filed: 01/04/2017
Page N-33 of 63
(garters and garter belts except
contractors)
(apparel, such as academic gowns,
clerical outerwear, and band uniforms,
except contractors)
(accessories such as, handkerchiefs,
arm bands, cummerbunds,
suspenders, etc., except contractors)
Curtains and Draperies
Housefurnishings, Except Curtains
and Draperies
(except mops, dust rags, and bags)
(blanket, laundry, and wardrobe bags)
(dust rags)
(floor and dust mops)
Textile Bags
Canvas and Related Products
Pleating, Decorative and Novelty
Stitching, and Tucking for the Trade
(except apparel contractors)
(men’s and boy’s apparel contractors)
2396
Women’s and Girls’ Cut and Sew Lingerie,
Loungewear, and Nightwear Manufacturing
315299
All Other Cut and Sew Apparel Manufacturing
315999
Other Apparel Accessories and Other Apparel
Manufacturing
314121
Curtain and Drapery Mills
314129
314911
314999
339994
314911
314912
Other Household Textile Product Mills
Textile Bag Mills
All Other Miscellaneous Textile Product Mills
Broom, Brush, and Mop Manufacturing
Textile Bag Mills
Canvas and Related Product Mills
314999
All Other Miscellaneous Textile Product Mills
Men's and Boys' Cut and Sew Apparel
Contractors
Women's, Girls', and Infants' Cut and Sew
Apparel Contractors
315211
315212
02
-1
. 16
No
(men's and boys' contractors)
2397
315231
(women's, girls', and infants'
contractors)
(apparel findings and trimmings,
except contractors)
(printing and embossing on fabric
articles)
(textile motor vehicle trimming except
contractors)
Schiffli Machine Embroideries
314999
315211
315212
315999
323113
336360
313222
vie
4,
ed
w
/16
19
2/
1
All Other Miscellaneous Textile Product Mills
Men's and Boys' Cut and Sew Apparel
Contractors
Women's, Girls', and Infants' Cut and Sew
Apparel Contractors
Other Apparel Accessories and Other Apparel
Manufacturing
Commercial Screen Printing
Motor Vehicle Seating and Interior Trim
Manufacturing
Schiffli Machine Embroidery
Multi-Sector General Permit (MSGP)
(women’s, girls’, and infants’ apparel
contractors)
Automotive Trimmings, Apparel
Findings, and Related Products
(textile products except automotive
and apparel trimmings and findings,
printing or embossing on apparel, and
contractors)
Pg: 341 of 376
Appeal: 16-1024
Doc: 75-2
2399
Filed: 01/04/2017
Fabricated Textile Products, Not
Elsewhere Classified
(except apparel and accessories,
automotive seat belts, seat and tire
covers, and contractors)
(men's and boys' contractors)
(women's, girls', and infants'
contractors)
(apparel and apparel accessories,
except contractors)
(seat belts, and seat and tire covers)
3131
Boot and Shoe Cut Stock and
Findings
(except wood heels and metal
buckles)
Pg: 342 of 376
314999
315211
315212
315999
336360
316999
Page N-34 of 63
. 16
No
(metal buckles)
321999
339993
Men's and Boys' Cut and Sew Apparel
Contractors
Women’s, Girls’, and Infants’ Cut and Sew
Apparel Contractors
Other Apparel Accessories and Other Apparel
Manufacturing
Motor Vehicle Seating and Interior Trim
Manufacturing
vie
4,
ed
w
/16
19
2/
1
All Other Leather Good Manufacturing
All Other Miscellaneous Wood Product
Manufacturing
Fastener, Button, Needle, and Pin
Manufacturing
A facility with the primary activity of
NAICS 321999 “heels, boot and shoe,
finished wood, manufacturing” can be
regulated under Sector A or Sector V.
Sector A requires additional
technology-based effluent limits
comprising good housekeeping;
additional SWPPP requirements;
additional inspection requirements;
and benchmark monitoring for COD
and TSS. Sector V requires additional
technology-based effluent limits
comprised of good housekeeping
measures and employee training;
additional SWPPP requirements; and
additional inspection requirements.
Regulatory burden would likely be
greater under Sector A.
Any facility whose primary activity is
manufacturing metal buckles (SIC
3131 / NAICS 339993) should be
regulated under Sector Y, but may
continue to be regulated under Sector
V, or alternatively, under Sector AD.
Sector Y does not apply additional
sector-specific requirements to metal
Multi-Sector General Permit (MSGP)
02
-1
(heels, boot and shoe, finished wood,
manufacturing)
All Other Miscellaneous Textile Product Mills
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
Pg: 343 of 376
buckle manufacturers. Sector V
applies additional technology-based
limitations comprised of good
housekeeping measures for material
storage areas and employee training.
Under Sector AD EPA could establish
additional facility-specific monitoring
and reporting requirements.
3142
House Slippers
316212
3143
Men’s Footwear, Except Athletic
316213
3144
Women’s Footwear, Except Athletic
316214
3149
Page N-35 of 63
3151
Footwear, Except Rubber, Not
Elsewhere Classified
Leather Gloves and Mittens
316219
(men's and boys' contractors)
3161
3171
315212
02
-1
Luggage
Women’s Handbags and Purses
Personal Leather Goods, Except
Women’s Handbags and Purses
(except nonprecious metal personal
goods, such as card cases, cigar
cases, and comb cases)
. 16
No
(nonprecious metal personal goods,
such as card cases, cigar cases, and
comb cases)
315992
316991
316992
316993
339914
2/
1
Other Footwear Manufacturing
ed
w
/16
19
Men's and Boys' Cut and Sew Apparel
Contractors
Women’s, Girls’, and Infants’ Cut and Sew
Apparel Contractors
Glove and Mitten Manufacturing
Luggage Manufacturing
Women’s Handbag and Purse Manufacturing
vie
4,
Personal Leather Good (except Women’s
Handbag and Purse) Manufacturing
Costume Jewelry and Novelty Manufacturing
Any facility whose primary activity is
manufacturing nonprecious metal
personal goods, such as card cases,
cigar cases, and comb cases (SIC
3172 / NAICS 339914) should be
regulated under Sector Y, but may
continue to be regulated under Sector
V, or alternatively, under Sector AD.
Sector Y does not apply additional
sector-specific requirements to metal
buckle manufacturers. Sector V
applies additional technology-based
limitations comprised of good
Multi-Sector General Permit (MSGP)
3172
(women's, girls', and infants'
contractors)
(except contractors)
315211
House Slipper Manufacturing
Men’s Footwear (except Athletic)
Manufacturing
Women’s Footwear (except Athletic)
Manufacturing
Regulatory burden would likely be
greater under Sector V.
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
Pg: 344 of 376
housekeeping measures for material
storage areas and employee training.
Under Sector AD EPA could establish
additional facility-specific monitoring
and reporting requirements.
3199
Subsector
W1
Leather Goods, Not Elsewhere
Classified
Regulatory burden would likely be
greater under Sector V.
316999
Sector W. Furniture and Fixtures
SIC Codes
NAICS Codes
2434
Wood Kitchen Cabinets
2511
Wood Household Furniture, Except
Upholstered
337110
Page N-36 of 63
(except wood box spring frames)
2514
337122
(wood box spring frames (parts))
2512
All Other Leather Good Manufacturing
337215
Wood Household Furniture,
Upholstered
Metal Household Furniture
337121
ed
w
/16
19
2/
1
Nonupholstered Wood Household Furniture
Manufacturing
Showcase, Partition, Shelving, and Locker
Manufacturing
Upholstered Household Furniture
Manufacturing
vie
4,
Upholstered Household Furniture
Manufacturing
(upholstered)
(except upholstered metal furniture
and metal box spring frames)
337124
Metal Household Furniture Manufacturing
(metal box spring frames)
2515
337121
337215
Showcase, Partition, Shelving, and Locker
Manufacturing
. 16
o
N
Mattresses, Foundations, and
Convertible Beds
(convertible beds)
2517
2519
2521
2522
337121
(mattresses and foundations)
Wood, Television, Radio,
Phonograph, and Sewing Machine
Cabinets
Household Furniture, Not Elsewhere
Classified
Wood Office Furniture
Office Furniture, Except Wood
337910
337129
337125
337211
337214
Upholstered Household Furniture
Manufacturing
Mattress Manufacturing
Wood, Television, Radio, Phonograph, and
Sewing Machine Cabinet Manufacturing
Household Furniture (except Wood and Metal)
Manufacturing
Wood Office Furniture Manufacturing
Office Furniture (Except Wood) Manufacturing
Multi-Sector General Permit (MSGP)
02
-1
Wood Kitchen Cabinet and Countertop
Manufacturing
Notes
Appeal: 16-1024
Doc: 75-2
2531
Filed: 01/04/2017
Public Building and Related Furniture
(seats for motor vehicles)
2541
Pg: 345 of 376
(except motor vehicle seats and
blackboards)
(blackboards)
Wood Office and Store Fixtures,
Partitions, Shelving, and Lockers
336360
Motor Vehicle Seating and Interior Trim
Manufacturing
337127
Institutional Furniture Manufacturing
339942
Lead Pencil and Art Good Manufacturing
(counter tops)
(wood lunchroom tables and chairs)
337127
(custom architectural millwork)
2542
337110
337212
Page N-37 of 63
(except custom architectural millwork,
counter tops, and lunchroom tables
and chairs)
Office and Store Fixtures, Partitions,
Shelving, and Lockers, Except Wood
(lunchroom tables and chairs)
(except lunchroom tables and chairs)
2591
2599
Drapery Hardware and Window Blinds
and Shades
Furniture and Fixtures, Not Elsewhere
Classified
(except hospital beds)
337127
337215
337920
337127
ed
w
2/
1
Institutional Furniture Manufacturing
Showcase, Partition, Shelving, and Locker
Manufacturing
vie
4,
Blind and Shade Manufacturing
Institutional Furniture Manufacturing
Laboratory Apparatus and Furniture
Manufacturing
. 16 X. Printing and Publishing
o Sector
N
Subsector
339111
SIC Codes
2711
2721
2731
Newspapers: Publishing, or
Publishing and Printing (except
Internet newspaper publishing)
Periodicals: Publishing, or Publishing
and Printing (except Internet
periodical publishing)
Books: Publishing, or Publishing and
Printing (except Internet book
publishing)
(except music books)
(music books)
/16
19
Showcase, Partition, Shelving, and Locker
Manufacturing
NAICS Codes
511110
Newspaper Publishers
511120
Periodical Publishers
511130
512230
Book Publishers
Music Publishers
Notes
Multi-Sector General Permit (MSGP)
02
-1
(hospital beds)
X1
337215
Wood Kitchen Cabinet and Countertop
Manufacturing
Institutional Furniture Manufacturing
Custom Architectural Woodwork and Millwork
Manufacturing
Appeal: 16-1024
Doc: 75-2
2732
2741
2752
Page N-38 of 63
2754
2759
Filed: 01/04/2017
Pg: 346 of 376
Book Printing
Miscellaneous Publishing (except
Internet publishers)
(shopping news and advertising
periodical publishing or publishing and
printing except Internet)
(technical manuals and books
publishing or publishing and printing,
except Internet)
(directory publishers, except Internet
publishers)
(except database, advertising
periodicals, shopping news, technical
manuals and books, and sheet music
publishing or publishing and printing)
(sheet music publishing or publishing
and printing)
Commercial Printing, Lithographic
(except quick printing)
(quick printing)
Commercial Printing, Gravure
Commercial Printing, NEC
(flexographic printing)
(screen printing)
(digital printing, except quick printing)
(other commercial printing except
flexographic, screen, digital, and quick
printing)
Greeting Cards (except Internet
greeting card publishers)
(lithographic printing of greeting
cards)
(gravure printing of greeting cards)
(flexographic printing of greeting
cards)
(screen printing of greeting cards)
(other printing of greeting cards)
(publishing greeting cards)
Blankbooks, Looseleaf Binders and
Devices
(checkbooks)
323117
Book Printing
511120
Periodical Publishers
511130
Book Publishers
511140
Directory and Mailing List Publishers
511199
All Other Publishers
512230
Music Publishers
323110
323114
323111
Commercial Lithographic Printing
Quick Printing
Commercial Gravure Printing
(except checkbooks)
323118
323112
323113
323115
02
-1
2782
. 16
No
2/
1
Commercial Flexographic Printing
Commercial Screen Printing
Digital Printing
323119
Other Commercial Printing
323110
Commercial Lithographic Printing
323111
Commercial Gravure Printing
323112
Commercial Flexographic Printing
323113
323119
511191
Commercial Screen Printing
Other Commercial Printing
Greeting Card Publishers
323116
Manifold Business Form Printing
Blankbook, Loose-leaf Binder, and Device
Manufacturing
Multi-Sector General Permit (MSGP)
2771
vie
4,
ed
w
/16
19
Appeal: 16-1024
Doc: 75-2
2789
2791
2796
Subsector
Y1
Filed: 01/04/2017
Pg: 347 of 376
323121
323122
323122
Bookbinding and Related Work
Typesetting
Platemaking and Related Services
Sector Y. Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing
Industries
SIC Codes
NAICS Codes
3011
3021
Tires and Inner Tubes
Rubber and Plastics Footwear
326211
316211
3052
Rubber and Plastics Hose and Belting
326220
3053
3061
3069
Page N-39 of 63
339991
326291
313320
314911
315299
. 16
No
(rubber toys, except dolls)
315999
326192
326299
339113
339920
339932
3081
Unsupported Plastics Film and Sheet
326113
3082
Unsupported Plastics Profile Shapes
326121
Notes
Tire Manufacturing (except Retreading)
Rubber and Plastics Footwear Manufacturing
Rubber and Plastics Hoses and Belting
Manufacturing
Gaskets, Packing, and Sealing Device
Manufacturing
Rubber Product Manufacturing for Mechanical
Use
ed
w
Fabric Coating Mills
vie
4,
/16
19
2/
1
Textile Bag Mills
All Other Cut and Sew Apparel Manufacturing
Other Apparel Accessories and Other Apparel
Manufacturing
Resilient Floor Covering Manufacturing
All Other Rubber Product Manufacturing
Surgical and Appliance and Supplies
Manufacturing
Sporting and Athletic Goods Manufacturing
Game, Toy, and Children's Vehicle
Manufacturing
Unlaminated Plastics Film and Sheet (except
Packaging) Manufacturing
Unlaminated Plastics Profile Shape
Manufacturing
Multi-Sector General Permit (MSGP)
Gaskets, Packing, and Sealing
Devices
Molded, Extruded, and Lathe-Cut
Mechanical Rubber Goods
Fabricated Rubber Products, Not
Elsewhere Classified
(rubberizing fabric or purchased
textile products)
(bags made from rubberized fabric)
(rubber cut and sew outerwear)
(bibs, bathing caps, related rubber
accessories)
(rubber resilient floor coverings)
(except rubberized fabric and
garments, gloves, life vests, wet suits,
accessories, such as bibs and bathing
caps, rubber toys, bags made from
rubberized fabric, rubber diaper
covers, and rubber resilient floor
coverings)
(rubber gloves, inflatable rubber life
jackets)
(wet suits)
02
-1
Y2
Tradebinding and Related Work
Prepress Services
Prepress Services
Appeal: 16-1024
Doc: 75-2
3083
3084
3085
3086
Filed: 01/04/2017
Laminated Plastics Plate, Sheet, and
Profile Shapes
Plastics Pipe
Plastics Bottles
Plastics Foam Products
(polystyrene foam products)
(except polystyrene foam products)
3087
3088
3089
Custom Compounding of Purchased
Plastics Resins
Plastics Plumbing Fixtures
Plastics Products, Not Elsewhere
Classified
Pg: 348 of 376
326130
326122
326160
326140
326150
Laminated Plastics Plate, Sheet (except
Packaging), and Shape Manufacturing
Plastics Pipe and Pipe Fitting Manufacturing
Plastics Bottle Manufacturing
Polystyrene Foam Product Manufacturing
Urethane and Other Foam Product (except
Polystyrene) Manufacturing
325991
Custom Compounding of Purchased Resins
326191
Plastics Plumbing Fixture Manufacturing
/16
19
Page N-40 of 63
(plastics sausage casings)
(pipe fittings)
(except plastics pipe fittings, inflatable
plastics life jackets, plastics furniture
parts, and plastics sausage casings)
326199
All Other Plastics Product Manufacturing
337215
(inflatable plastic life jackets)
3944
326122
Unlaminated Plastics Profile Shape
Manufacturing
Plastics Pipe and Pipe Fitting Manufacturing
(finished plastic furniture parts)
3931
3942
326121
339113
02
-1
. 16
No
(metal tricycles)
339992
339931
336991
Showcase, Partition, Shelving, and Locker
Manufacturing
Surgical Appliance and Supplies
Manufacturing
Musical Instrument Manufacturing
Doll and Stuffed Toy Manufacturing
vie
4,
Motorcycle, Bicycle, and Parts Manufacturing
Any facility whose primary activity is
manufacturing metal tricycles (SIC
3944 / NAICS 336991) should be
regulated under Sector AB, but may
continue to be regulated under Sector
Y, or alternatively, under Sector AD.
Sector AB applies additional SWPPP
requirements. Sector Y does not apply
additional sector-specific requirements
to metal tricycle manufacturers and
under Sector AD EPA could establish
additional facility-specific monitoring
and reporting requirements.
Regulatory burden would be greater
under Sector AB.
Multi-Sector General Permit (MSGP)
Musical Instruments
Dolls and Stuffed Toys
Games, Toys, and Children’s
Vehicles, Except Dolls and Bicycles
ed
w
2/
1
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
(except metal tricycles)
Pg: 349 of 376
339932
Game, Toy, and Children's Vehicle
Manufacturing
339920
Sporting and Athletic Goods Manufacturing
339941
339943
Pens, Mechanical Pencil Manufacturing
Marking Device Manufacturing
Carbon Paper and Inked Ribbon
Manufacturing
3951
3953
Sporting and Athletic Goods, Not
Elsewhere Classified
Pens, Mechanical Pencils, and Parts
Marking Devices
3955
Carbon Paper and Inked Ribbons
339944
Costume Jewelry and Costume
Novelties, Except Precious Metal
(except cuff links)
339914
(nonprecious cuff links)
339993
3949
3961
3965
3991
3993
Fasteners, Buttons, Needles, and
Pins
Brooms and Brushes
Signs and Advertising Specialties
339993
339994
Page N-41 of 63
. 16
No
3995
3996
(signs)
Burial Caskets
Linoleum, Asphalted-Felt-Base, and
Other Hard Surface Floor Coverings,
Not Elsewhere Classified
323113
vie
4,
ed
w
2/
1
/16
19
Commercial Screen Printing
339950
339995
Sign Manufacturing
Burial Casket Manufacturing
326192
Resilient Floor Covering Manufacturing
Any facility whose primary activity is
screen printing purchased advertising
specialties (SIC 3993 / NAICS
323113) should be regulated under
Sector X, but may continue to be
regulated under Sector Y, or
alternatively, under Sector AD. Sector
X applies additional technology-based
effluent limits comprised of good
housekeeping measures for material
storage areas, and additional SWPPP
requirements. Sector Y does not apply
additional requirements to these
facilities and under Sector AD EPA
could establish additional facilityspecific monitoring and reporting
requirements.
Regulatory burden would be greater
under Sector X.
Multi-Sector General Permit (MSGP)
02
-1
(screen printing purchased advertising
specialties34)
Costume Jewelry and Novelty Manufacturing
Fastener, Button, Needle, and Pin
Manufacturing
Fastener, Button, Needle, and Pin
Manufacturing
Broom, Brush, and Mop Manufacturing
Appeal: 16-1024
Doc: 75-2
3999
Filed: 01/04/2017
Pg: 350 of 376
Manufacturing Industries, Not
Elsewhere Classified
(fur dressing and finishing)
316110
Leather and Hide Tanning and Finishing
Page N-42 of 63
ed
. 16
No
(burnt wood articles)
(matches and match books
manufacturing)
321999
325998
/16
19
2/
1
All Other Miscellaneous Wood Product
Manufacturing
All Other Miscellaneous Chemical Product and
Preparation Manufacturing
Regulatory burden would be greater
under Sector Z.
Any facility whose primary activity is
burnt wood articles (SIC 3999 / NAICS
321999) should be regulated under
Sector A, but may continue to be
regulated under Sector Y, or
alternatively, under Sector AD. Sector
A applies additional technology-based
effluent limits comprised of good
housekeeping measures, additional
SWPPP requirements, and
benchmark monitoring for COD and
TSS. Sector Y does not apply
additional requirements to these
facilities and under Sector AD EPA
could establish additional facilityspecific monitoring and reporting
requirements.
Regulatory burden would be greater
under Sector A.
Any facility whose primary activity is
matches and match books
manufacturing (SIC 3999 / NAICS
Multi-Sector General Permit (MSGP)
02
-1
iew
,v
4
Any facility whose primary activity is
fur dressing and finishing (SIC 3999 /
NAICS 316110) should be regulated
under Sector Z, but may continue to
be regulated under Sector Y, or
alternatively, under Sector AD. Sector
Z applies additional technology-based
effluent limits comprised of good
housekeeping measures for material
storage areas and handling areas,
and additional SWPPP requirements.
Sector Y does not apply additional
requirements to these facilities and
under Sector AD EPA could establish
additional facility-specific monitoring
and reporting requirements.
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
Pg: 351 of 376
325998) should be regulated under
Sector C, but may continue to be
regulated under Sector Y, or
alternatively, under Sector AD.
Sectors C and Y do not require
additional sector-specific
requirements. EPA could establish
additional facility-specific monitoring
and reporting requirements under
Sector AD.
(plastics products such as combs, hair
curlers, etc.)
Regulatory burden is not expected to
differ between Sectors C and Y.
326199
Page N-43 of 63
. 16
No
(tape measures)
332211
332212
vie
4,
ed
w
2/
1
Cutlery and Flatware (except Precious)
Manufacturing
Hand and Edge Tool Manufacturing
Any facility whose primary activity is
manufacturing hand operated hair
clippers for humans (SIC 3999 /
NAICS 332211) should be regulated
under Sector AA, but may continue to
be regulated under Sector Y, or
alternatively, under Sector AD. Sector
AA applies additional technologybased effluent limits comprised of
good housekeeping measures, spill
prevention and response procedures,
and spills and leaks; additional
SWPPP requirements; and additional
inspection requirements. Sector Y
does not require additional sectorspecific requirements. EPA could
establish additional facility-specific
monitoring and reporting requirements
under Sector AD.
Regulatory burden would be greater
under Sector AA.
Any facility whose primary activity is
manufacturing tape measures (SIC
3999 / NAICS 332212) should be
regulated under Sector AA, but may
continue to be regulated under Sector
Y, or alternatively, under Sector AD.
Sector AA applies additional
Multi-Sector General Permit (MSGP)
02
-1
(hand operated hair clippers for
humans)
/16
19
All Other Plastics Product Manufacturing
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
Pg: 352 of 376
technology-based effluent limits
comprised of good housekeeping
measures, spill prevention and
response procedures, and spills and
leaks; additional SWPPP
requirements; and additional
inspection requirements. Sector Y
does not require additional sectorspecific requirements. EPA could
establish additional facility-specific
monitoring and reporting requirements
under Sector AD.
Page N-44 of 63
. 16
No
(other miscellaneous metal products,
such as combs, hair curlers, etc.)
332812
332999
2/
1
Metal Coating, Engraving (except Jewelry and
Silverware), and Allied Services to
Manufacturers
All Other Miscellaneous Fabricated Metal
Product Manufacturing
Regulatory burden would be greater
under Sector AA.
Any facility whose primary activity is
manufacturing other miscellaneous
metal products, such as combs, hair
curlers, etc. (SIC 3999 / NAICS
332999) should be regulated under
Sector AA, but may continue to be
regulated under Sector Y, or
alternatively, under Sector AD. Sector
Multi-Sector General Permit (MSGP)
02
-1
(flocking metal products for the trade)
vie
4,
ed
w
/16
19
Regulatory burden would be greater
under Sector AA.
Any facility whose primary activity is
manufacturing flocking metal products
for the trade (SIC 3999 / NAICS
332812) should be regulated under
Sector AA, but may continue to be
regulated under Sector Y, or
alternatively, under Sector AD. Sector
AA applies additional technologybased effluent limits comprised of
good housekeeping measures, spill
prevention and response procedures,
and spills and leaks; additional
SWPPP requirements; and additional
inspection requirements. Sector Y
does not require additional sectorspecific requirements. EPA could
establish additional facility-specific
monitoring and reporting requirements
under Sector AD.
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
Pg: 353 of 376
AA applies additional technologybased effluent limits comprised of
good housekeeping measures, spill
prevention and response procedures,
and spills and leaks; additional
SWPPP requirements; and additional
inspection requirements. Sector Y
does not require additional sectorspecific requirements. EPA could
establish additional facility-specific
monitoring and reporting requirements
under Sector AD.
(beauty and barber shop equipment,
except chairs)
333319
(lamp shades of paper or textile)
335121
Page N-45 of 63
. 16
No
(beauty and barber chairs)
335211
337127
ed
iew
,v
4
2/
1
Electric Housewares and Household Fan
Manufacturing
Institutional Furniture Manufacturing
Any facility whose primary activity is
manufacturing electric hair clippers for
humans (SIC 3999 / NAICS 335211)
should be regulated under Sector AC,
but may continue to be regulated
under Sector Y, or alternatively, under
Sector AD. Sectors Y and AC do not
apply sector-specific requirements to
facilities manufacturing electric hair
clippers for humans. EPA may
establish facility-specific monitoring
and reporting requirements under
Sector AD.
Regulatory burden is not expected to
differ between Sectors Y and AC.
Any facility whose primary activity is
manufacturing beauty and barber
chairs (SIC 3999 / NAICS 337127)
should be regulated under Sector W,
but may continue to be regulated
under Sector Y, or alternatively, under
Sector AD. Sector W applies
additional SWPPP requirements to
facilities manufacturing beauty and
Multi-Sector General Permit (MSGP)
02
-1
(electric hair clippers for humans)
/16
19
Other Commercial and Service Industry
Machinery Manufacturing
Residential Electric Lighting Fixture
Manufacturing
Regulatory burden would be greater
under Sector AA.
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
Pg: 354 of 376
barber chairs. Sector Y applies no
additional requirements and under
Sector AD EPA could establish
additional facility-specific monitoring
and reporting requirements.
(embroidery kits)
(other miscellaneous products not
specially provided for previously)
Subsector
Z1
Page N-46 of 63
Subsector
AA1
339932
Game, Toy, and Children's Vehicle
Manufacturing
339999
Regulatory burden would be greater
under Sector W.
All Other Miscellaneous Manufacturing
Sector Z. Leather Tanning and Finishing
SIC Codes
3111
NAICS Codes
316110
Leather Tanning and Finishing
3412
3421
3425
3429
ed
NAICS Codes
Metal Cans
Metal Shipping Barrels, Drums, Kegs,
and Pails
Cutlery
(except hedge shears and trimmers,
tinners' snips, and similar nonelectric
hand tools)
(hedge shears and trimmers, tinners
snips, and similar nonelectric hand
tools)
Hand and Edge Tools, Except
Machine Tools and Handsaws
Saw Blades and Handsaws
Hardware, Not Elsewhere Classified
(vacuum and insulated bottles, jugs,
and chests)
(except fire hose nozzles, hose
couplings, vacuum and insulated
bottles, jugs and chests, fireplace
fixtures, time locks, turnbuckles,
pulleys, tackle blocks, luggage and
utility racks, sleep sofa mechanisms
and chair glides, traps, handcuffs and
332431
332439
. 16
No
02
-1
332211
iew
,v
4
Notes
Notes
Metal Can Manufacturing
Other Metal Container Manufacturing
Cutlery and Flatware (except Precious)
Manufacturing
332212
Hand and Edge Tool Manufacturing
332212
Hand and Edge Tool Manufacturing
332213
Saw Blade and Handsaw Manufacturing
332439
Other Metal Container Manufacturing
332510
Hardware Manufacturing
Multi-Sector General Permit (MSGP)
3423
Leather and Hide Tanning and Finishing
Sector AA. Fabricated Metal Products
SIC Codes
3411
2/1
1
/16
9
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
Pg: 355 of 376
leg irons, ladder jacks, and other like
metal products)
(turnbuckles and hose clamps)
3431
3432
Page N-47 of 63
(fire hose nozzles and hose
couplings)
(fireplace fixtures, traps, handcuffs
and leg irons, ladder jacks, and other
like metal products)
(pulleys, tackle blocks, block and
tackle assemblies)
(time locks)
(luggage and utility racks)
(sleep sofa mechanisms and chair
glides)
Enameled Iron and Metal Sanitary
Ware
Plumbing Fixture Fittings and Trim
(except shower rods, lawn hose
nozzles, and lawn sprinklers)
(lawn hose nozzles and lawn
sprinklers)
(metal shower rods)
3443
332722
332919
332999
333923
334518
336399
337215
332998
332913
332919
332999
. 16
o
332313
(power boilers and heat exchangers)
332410
(heavy gauge tanks)
332420
(metal cooling towers)
333415
N
3444
Sheet Metal Work
(stamped metal skylights)
(except sheet metal bins and vats,
skylights, and sheet metal cooling
towers)
(metal bins and vats)
(cooling towers, sheet metal)
All Other Miscellaneous Fabricated Metal
Product Manufacturing
Overhead Traveling Crane, Hoist, and
Monorail System Manufacturing
Watch, Clock, and Part Manufacturing
All Other Motor Vehicle Parts Manufacturing
Showcase, Partition, Shelving, and Locker
Manufacturing
Enameled Iron and Metal Sanitary Ware
Manufacturing
ed
w
/16
19
2/
1
Plumbing Fixture Fitting and Trim
Manufacturing
Other Metal Valve and Pipe Fitting
Manufacturing
All Other Miscellaneous Fabricated Metal
Product Manufacturing
vie
4,
Plate Work Manufacturing
Power Boiler and Heat Exchanger
Manufacturing
Metal Tank (Heavy Gauge) Manufacturing
Air-Conditioning and Warm Air Heating
Equipment and Commercial and Industrial
Refrigeration Equipment Manufacturing (metal
cooling towers)
332321
Metal Window and Door Manufacturing
332322
Sheet Metal Work Manufacturing
332439
Other Metal Container Manufacturing
Air-Conditioning and Warm Air Heating
Equipment and Commercial and Industrial
Refrigeration Equipment Manufacturing
333415
Multi-Sector General Permit (MSGP)
02
-1
Fabricated Plate Work (Boiler Shops)
(fabricated plate work and metal
weldments)
Bolt, Nut, Screw, Rivet, and Washer
Manufacturing
Other Metal Valve and Pipe Fitting
Manufacturing
Appeal: 16-1024
Doc: 75-2
3446
3448
3449
3451
3452
3462
3463
3465
3466
Page N-48 of 63
3469
AA2
3479
Architectural and Ornamental
Ironwork
Prefabricated Metal Buildings and
Components
Miscellaneous Structural Metal Work
(custom roll forming)
(fabricated bar joists and concrete
reinforcing bars)
(curtain wall and metal plaster bases
and lath)
Screw Machine Products
Bolts, Nuts, Screws, Rivets, and
Washers
Iron and Steel Forgings
Nonferrous Forgings
Automotive Stampings
Crowns and Closures
Metal Stampings, Not Elsewhere
Classified
(except kitchen utensils, pots and
pans for cooking, coins, and stamped
metal boxes)
(kitchen utensils, pots, and pans for
cooking)
(stamped metal tool, cash, mail, and
lunch boxes)
Electroplating, Plating, Polishing,
Anodizing, and Coloring
Coating, Engraving, and Allied
Services, Not Elsewhere Classified
332323
332311
. 16
No
Ornamental and Architectural Metal Work
Manufacturing
Prefabricated Metal Building and Component
Manufacturing
332114
Custom Roll Forming
332312
Fabricated Structural Metal Manufacturing
332323
332721
332722
332111
332112
336370
332115
332116
02
-1
(except jewelry, silverware, and
flatware engraving and etching)
AA1
Pg: 356 of 376
332214
332439
Ornamental and Architectural Metal Work
Manufacturing
Precision Turned Product Manufacturing
Bolt, Nut, Screw, Rivet, and Washer
Manufacturing
Iron and Steel Forging
Nonferrous Forging
Motor Vehicle Metal Stamping
Crown and Closure Manufacturing
vie
4,
ed
w
/16
19
2/
1
Metal Stamping
Kitchen Utensil, Pot, and Pan Manufacturing
Other Metal Container Manufacturing
332813
Electroplating, Plating, Polishing, Anodizing,
and Coloring
332812
Metal Coating, Engraving (except Jewelry and
Silverware), and Allied Services to
Manufacturers
339911
Jewelry (except Costume) Manufacturing
339912
Silverware and Holloware Manufacturing
339914
Costume Jewelry and Novelty Manufacturing
332992
Small Arms Ammunition Manufacturing
Ammunition (except for Small Arms)
Manufacturing
Small Arms Manufacturing
3482
(precious metal jewelry engraving and
etching)
(silver and plated ware engraving and
etching)
(costume jewelry engraving and
etching)
Small Arms Ammunition
3483
Ammunition, Except for Small Arms
332993
3484
Small Arms
332994
Multi-Sector General Permit (MSGP)
3471
Filed: 01/04/2017
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
Pg: 357 of 376
3491
Ordinance and Accessories, Not
Elsewhere Classified
Industrial Valves
3492
Fluid Power Valves and Hose Fittings
332912
3493
Steel Springs, Except Wire
Valves and Pipe Fittings, Not
Elsewhere Classified
(except metal pipe hangers and
supports)
332611
(metal pipe hangers and supports)
332999
3489
3494
3495
3496
Page N-49 of 63
3497
332995
332911
Wire Springs
(except watch and clock springs)
(clock and watch springs)
Miscellaneous Fabricated Wire
Products
(potato mashers)
(except shopping carts and potato
mashers)
(shopping carts made from purchased
wire)
Metal Foil and Leaf
(laminated aluminum foil rolls and
sheets for flexible packaging uses)
332919
332214
Kitchen Utensil, Pot, and Pan Manufacturing
332618
Other Fabricated Wire Product Manufacturing
333924
322225
332996
332919
332999
(metal automobile seat frames)
336360
(metal furniture frames)
337215
N
Jewelry, Precious Metal
332117
332439
332510
339911
vie
4,
ed
w
2/
1
Industrial Truck, Tractor, Trailer, and Stacker
Machinery Manufacturing
Laminated Aluminum Foil Manufacturing for
Flexible Packaging Uses
All Other Miscellaneous Fabricated Metal
Product Manufacturing
Fabricated Pipe and Pipe Fitting Manufacturing
Powder Metallurgy Part Manufacturing
Other Metal Container Manufacturing
Hardware Manufacturing
Other Metal Valve and Pipe Fitting
Manufacturing
All Other Miscellaneous Fabricated Metal
Product Manufacturing
Motor Vehicle Seating and Interior Trim
Manufacturing
Showcase, Partition, Shelving, and Locker
Manufacturing
Jewelry (except Costume) Manufacturing
Multi-Sector General Permit (MSGP)
Fabricated Pipe and Pipe Fittings
Fabricated Metal Products, Not
Elsewhere Classified
(powder metallurgy)
(metal boxes)
(safe and vault locks)
(other metal products)
3911
332999
(metal aerosol valves)
3499
/16
19
Spring (Light Gauge) Manufacturing
Watch, Clock, and Part Manufacturing
02
-1
. 16
o
Other Metal Valve and Pipe Fitting
Manufacturing
All Other Miscellaneous Fabricated Metal
Product Manufacturing
332612
334518
(foil and foil containers)
3498
Other Ordinance and Accessories
Manufacturing
Industrial Valve Manufacturing
Fluid Power Valve and Hose Fitting
Manufacturing
Spring (Heavy Gauge) Manufacturing
Appeal: 16-1024
Doc: 75-2
3914
Filed: 01/04/2017
Silverware, Plated Ware, and
Stainless Steel Ware
(cutlery and flatware, nonprecious and
precious plated)
(precious metal plated hollowware)
3915
(except nonprecious and precious
plated metal cutlery, flatware, and
hollowware)
Jewelers Findings and Materials and
Lapidary Work
Page N-50 of 63
(watch jewels)
Pg: 358 of 376
332211
332999
339912
334518
. 16
No
(except watch jewels)
vie
4,
ed
w
Any facility whose primary activity is
manufacturing watch jewels (SIC 3915
/ NAICS 334518) should be regulated
under Sector AC, but may continue to
be regulated under Sector AA, or
alternatively, under Sector AD. Sector
AA applies additional technologybased effluent limits comprising good
housekeeping measures, spill
prevention and response, and spills
and leaks; additional SWPPP
requirements; and additional
inspection requirements. Sector AC
does not apply additional sectorspecific requirements and EPA may
establish facility-specific monitoring
and reporting requirements under
Sector AD.
/16
19
2/
1
Watch, Clock, and Part Manufacturing
Jewelers' Material and Lapidary Work
Manufacturing
Regulatory burden would be greater
under Sector AA.
Sector AB. Transportation Equipment, Industrial or Commercial Machinery
Subsector
AB1
339913
Silverware and Holloware Manufacturing
SIC Codes
3511
3519
Steam, Gas, and Hydraulic Turbines,
and Turbine Generator Set Units
Internal Combustion Engines, Not
Elsewhere Classified
(except stationary engine radiators)
(stationary engine radiators)
NAICS Codes
333611
Turbine and Turbine Generator Set Units
Manufacturing
333618
336399
Other Engine Equipment Manufacturing
All Other Motor Vehicle Parts Manufacturing
Notes
Multi-Sector General Permit (MSGP)
02
-1
Cutlery and Flatware (except Precious)
Manufacturing
All Other Miscellaneous Fabricated Metal
Product Manufacturing
Appeal: 16-1024
Doc: 75-2
3523
Filed: 01/04/2017
Pg: 359 of 376
332212
(corrals, stalls, and holding gates)
332323
(except corrals, stalls, holding gates,
hand clippers for animals, and farm
conveyors/elevators)
333111
Farm Machinery and Equipment Manufacturing
(farm conveyors and elevators)
333922
Lawn and Garden Tractors and Home
Lawn and Garden Equipment
(nonpowered lawnmowers)
Conveyor and Conveying Equipment
Manufacturing
332212
(except nonpowered lawnmowers)
3524
Farm Machinery and Equipment
(hand hair clippers for animals)
333112
3535
Conveyors and Conveying Equipment
Page N-51 of 63
3532
3533
3536
3537
333120
333923
02
-1
. 16
No
Overhead Traveling Cranes, Hoists,
and Monorail Systems
Industrial Trucks, Tractors, Trailers,
and Stackers
(metal air cargo containers)
(metal pallets)
336510
333131
333132
333921
333922
333923
332439
332999
Hand and Edge Tool Manufacturing
Lawn and Garden Tractor and Home Lawn and
Garden Equipment Manufacturing
2/
1
Construction Machinery Manufacturing
vie
4,
ed
w
/16
19
Overhead Traveling Crane, Hoist, and
Monorail System Manufacturing
Railroad Rolling Stock Manufacturing
Mining Machinery and Equipment
Manufacturing
Oil and Gas Field Machinery and Equipment
Manufacturing
Elevators and Moving Stairway Manufacturing
Conveyors and Conveying Equipment
Manufacturing
Overhead Traveling Cranes, Hoists, and
Monorail System Manufacturing
Other Metal Container Manufacturing
All Other Miscellaneous Fabricated Metal
Product Manufacturing
Multi-Sector General Permit (MSGP)
3534
Construction Machinery and
Equipment
(except railway track maintenance
equipment; winches, aerial work
platforms; and automotive wrecker
hoists)
(winches, aerial work platforms,
automobile wrecker hoists, locomotive
cranes, and ship cranes)
(railway track maintenance
equipment)
Mining Machinery and Equipment,
Except Oil and Gas Field Machinery
and Equipment
Oil and Gas Field Machinery and
Equipment
Elevators and Moving Stairways
3531
Hand and Edge Tool Manufacturing
Ornamental and Architectural Metal Work
Manufacturing
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
(except metal pallets and metal air
cargo containers)
Pg: 360 of 376
333924
3541
Machine Tools, Metal Cutting Types
333512
3542
Machine Tools, Metal Forming Types
333513
3543
Industrial Patterns
Special Dies and Tools, Die Sets, Jigs
and Fixtures, and Industrial Molds
(industrial molds)
332997
(except molds)
333514
Cutting Tools, Machine Tool
Accessories, and Machinist Precision
Measuring Devices
(precision measuring devices)
332212
(except precision measuring devices)
333515
3544
3545
333511
Page N-52 of 63
3546
Power-Driven Handtools
333991
3547
Rolling Mill Machinery and Equipment
333516
3548
Electric and Gas Welding and
Soldering Equipment
. 16
No
(transformers for arc-welders)
333992
335311
3552
Metalworking Machinery, Not
Elsewhere Classified
Textile Machinery
3553
Woodworking Machinery
333210
3554
Paper Industries Machinery
Printing Trades Machinery and
Equipment
Food Products Machinery
Special Industry Machinery, Not
Elsewhere Classified
(nuclear control rod drive
mechanisms)
(cotton ginning machinery)
(rubber and plastics manufacturing
machinery)
333291
3549
3555
3556
3559
Industrial Mold Manufacturing
Special Die and Tool, Die Set, Jig, and Fixture
Manufacturing
/16
19
Hand and Edge Tool Manufacturing
Cutting Tool and Machine Tool Accessory
Manufacturing
Power-Driven Handtool Manufacturing
Rolling Mill Machinery and Equipment
Manufacturing
vie
4,
ed
w
2/
1
Welding and Soldering Equipment
Manufacturing
Power, Distribution, and Specialty Transformer
Manufacturing
333518
Other Metalworking Machinery Manufacturing
333292
Textile Machinery Manufacturing
Sawmill and Woodworking Machinery
Manufacturing
Paper Industry Machinery Manufacturing
Printing Machinery and Equipment
Manufacturing
Food Product Machinery Manufacturing
333293
333294
332410
333111
333220
Power Boiler and Heat Exchanger
Manufacturing
Farm Machinery and Equipment Manufacturing
Plastics and Rubber Industry Machinery
Manufacturing
Multi-Sector General Permit (MSGP)
02
-1
(except transformers for arc-welding)
Industrial Truck, Tractor, Trailer, and Stacker
Machinery Manufacturing
Machine Tool (Metal Cutting Types)
Manufacturing
Machine Tool (Metal Forming Types)
Manufacturing
Industrial Pattern Manufacturing
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
(semiconductor machinery
manufacturing)
(except rubber and plastics
manufacturing machinery,
semiconductor manufacturing
machinery, and automotive
maintenance equipment)
(automotive maintenance equipment)
3561
3562
3563
Pg: 361 of 376
333295
Semiconductor Machinery Manufacturing
333298
All Other Industrial Machinery Manufacturing
333319
Page N-53 of 63
3566
3567
3568
3569
Packaging Machinery
Speed Changers, Industrial HighSpeed Drives, and Gears
Industrial Process Furnaces and
Ovens
Mechanical Power Transmission
Equipment, Not Elsewhere Classified
General Industrial Machinery and
Equipment, Not Elsewhere Classified
(textile fire hose)
333993
333414
3581
3582
3585
333612
333994
02
-1
. 16
o
N
333411
(except fire hoses and electric
swimming pool heaters)
Automatic Vending Machines
Commercial Laundry, Drycleaning,
and Pressing Machines
Air-Conditioning and Warm Air
Heating Equipment and Commercial
and Industrial Refrigeration
Equipment
333613
314999
333999
333311
333312
(except motor vehicle air-conditioning)
333415
(motor vehicle air-conditioning)
336391
/16
19
Air Purification Equipment Manufacturing
Industrial and Commercial Fan and Blower
Manufacturing
Packaging Machinery Manufacturing
Speed Changer, Industrial High-Speed Drives,
and Gear Manufacturing
Industrial Process Furnace and Oven
Manufacturing
Mechanical Power Transmission Equipment
Manufacturing
vie
4,
ed
w
2/
1
All Other Miscellaneous Textile Product Mills
Heating Equipment (except Warm Air
Furnaces) Manufacturing
All Other Miscellaneous General Purpose
Machinery Manufacturing
Automatic Vending Machine Manufacturing
Commercial Laundry, Drycleaning, and
Pressing Machine Manufacturing
Air-Conditioning and Warm Air Heating
Equipment and Commercial and Industrial
Refrigeration Equipment Manufacturing
Motor Vehicle Air-Conditioning Manufacturing
Multi-Sector General Permit (MSGP)
333412
(electric swimming pool heaters)
3565
333911
332991
333912
(fans and blowers)
3564
Pumps and Pumping Equipment
Ball and Roller Bearings
Air and Gas Compressors
Industrial and Commercial Fans and
Blowers and Air Purification
Equipment
(air purification equipment)
Other Commercial and Service Industry
Machinery Manufacturing
Pump and Pumping Equipment Manufacturing
Ball and Roller Bearing Manufacturing
Air and Gas Compressor Manufacturing
Appeal: 16-1024
Doc: 75-2
3586
3589
3592
Filed: 01/04/2017
Pg: 362 of 376
333913
Measuring and Dispensing Pumps
Service Industry Machinery, Not
Elsewhere Classified
Carburetors, Pistons, Piston Rings,
and Valves
333319
336311
3593
Fluid Power Cylinders and Actuators
333995
3594
Fluid Power Pumps and Motors
Scales and Balances, Except
Laboratory
Industrial and Commercial Machinery
and Equipment, Not Elsewhere
Classified
(machine shops)
333996
(grinding castings for the trade)
332813
(flexible metal hose)
332999
(carnival amusement park equipment)
333319
(other industrial and commercial
machinery and equipment)
333999
(water leak detectors)
334519
3596
3599
333997
332710
Page N-54 of 63
02
-1
. 16
No
/16
19
Machine Shops
Electroplating, Plating, Polishing, Anodizing
and Coloring
All Other Miscellaneous Fabricated Metal
Product Manufacturing
Other Commercial and Service Industry
Machinery Manufacturing
All Other Miscellaneous General Purpose
Machinery Manufacturing
Other Measuring and Controlling Device
Manufacturing
vie
4,
ed
w
2/
1
336399
All Other Motor Vehicle Parts Manufacturing
336111
336112
336120
Automobile Manufacturing
Light Truck and Utility Vehicle Manufacturing
Heavy Duty Truck Manufacturing
336211
Motor Vehicle Body Manufacturing
(military armored vehicles)
3713
3714
336992
Truck and Bus Bodies
Motor Vehicle Parts and Accessories
(dump truck lifting mechanisms and
fifth wheels)
(gasoline engines and engine parts
including rebuilt)
336211
Military Armored Vehicle, Tank, and Tank
Component Manufacturing
Motor Vehicle Body Manufacturing
336211
Motor Vehicle Body Manufacturing
336312
Gasoline Engine and Engine Parts
Manufacturing
Multi-Sector General Permit (MSGP)
3711
(gasoline, oil, and intake filters for
internal combustion engines, except
for motor vehicles)
Motor Vehicles and Passenger Car
Bodies
(automobiles)
(light trucks and utility vehicles)
(heavy duty trucks)
(kit car and other passenger car
bodies)
Measuring and Dispensing Pump
Manufacturing
Other Commercial and Service Industry
Machinery Manufacturing
Carburetor, Piston, Piston Ring, and Valve
Manufacturing
Fluid Power Cylinder and Actuator
Manufacturing
Fluid Power Pumps and Motors Manufacturing
Scale and Balance (except Laboratory)
Manufacturing
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
Pg: 363 of 376
(wiring harness sets, other than
ignition; block heaters and battery
heaters; instrument board assemblies;
permanent defrosters; windshield
washer-wiper mechanisms; cruise
control mechanisms; and other
electrical equipment for internal
combustion engines)
Page N-55 of 63
3728
336330
Motor Vehicle Steering and Suspension
Components (except Spring) Manufacturing
336340
Motor Vehicle Brake System Manufacturing
336350
Motor Vehicle Transmission and Power Train
Parts Manufacturing
336399
All Other Motor Vehicle Parts Manufacturing
(brake and brake systems, including
assemblies)
(transmissions and power train parts,
including rebuilding)
(except truck and bus bodies, trailers,
engine and engine parts, motor
vehicle electrical and electronic
equipment, motor vehicle steering and
suspension components, motor
vehicle brake systems, and motor
vehicle transmission and power train
parts)
Truck Trailers
Motor Homes
Aircraft
(except research and development
not producing prototypes)
Aircraft Engines and Engine Parts
(except research and development
not producing prototypes)
Aircraft Parts and Auxiliary
Equipment, Not Elsewhere Classified
336212
336213
02
-1
. 16
No
336411
336412
(fluid power aircraft subassemblies)
3743
332912
(target drones)
(except fluid power aircraft
subassemblies, target drones, and
research and development not
producing prototypes)
Railroad Equipment
(locomotive fuel lubricating or cooling
medium pumps)
(except locomotive fuel lubricating or
cooling medium pumps)
336411
vie
4,
ed
w
/16
19
2/
1
Truck Trailer Manufacturing
Motor Home Manufacturing
Aircraft Manufacturing
Aircraft Engine and Engine Parts
Manufacturing
Fluid Power Valve and Hose Fitting
Manufacturing
Aircraft Manufacturing
336413
Other Aircraft Part and Auxiliary Equipment
Manufacturing
333911
Pump and Pumping Equipment Manufacturing
336510
Railroad Rolling Stock Manufacturing
Multi-Sector General Permit (MSGP)
3724
Other Motor Vehicle Electrical and Electronic
Equipment Manufacturing
(steering and suspension parts)
3715
3716
3721
336322
Appeal: 16-1024
Doc: 75-2
3751
3761
Filed: 01/04/2017
Pg: 364 of 376
336991
Motorcycle, Bicycle, and Parts Manufacturing
336414
Guided Missile and Space Vehicle
Manufacturing
336415
Guided Missile and Space Vehicle Propulsion
Unit and Propulsion Unit Parts Manufacturing
3792
Motorcycles, Bicycles, and Parts
Guided Missiles and Space Vehicles
(except research and development
not producing prototypes)
Guided Missile and Space Vehicle
Propulsion Units and Propulsion Unit
Parts
(except research and development
not producing prototypes)
Guided Missile and Space Vehicle
Parts and Auxiliary Equipment, Not
Elsewhere Classified
(except research and development
not producing prototypes)
Travel Trailers and Campers
3795
Tanks and Tank Components
336992
3799
Transportation Equipment, Not
Elsewhere Classified
3764
3769
Page N-56 of 63
(wheelbarrows)
(automobile, boat, utility and light
truck trailers)
(trailer hitches)
(except automobile, boat, utility light
truck trailers, trailer hitches, and
wheelbarrows)
336419
336214
333924
336214
Subsector
AC1
. 16
No
336999
ed
w
/16
19
2/
1
Industrial Truck, Tractor, Trailer, and Stacker
Machinery Manufacturing
vie
4,
Travel Trailer and Camper Manufacturing
All Other Motor Vehicle Parts Manufacturing
All Other Transportation Equipment
Manufacturing
Sector AC. Electronic, Electrical, Photographic and Optical Goods
SIC Codes
3571
3572
3575
3577
NAICS Codes
Electronic Computers
Computer Storage Devices
Computer Terminals
Computer Peripheral Equipment, Not
Elsewhere Classified
(except plotter controllers and
magnetic tape head cleaners)
334111
334112
334113
(plotter controllers)
334418
(magnetic tape head cleaners)
334613
334119
Electronic Computer Manufacturing
Computer Storage Device Manufacturing
Computer Terminal Manufacturing
Other Computer Peripheral Equipment
Manufacturing
Printed Circuit Assembly (Electronic Assembly)
Manufacturing
Magnetic and Optical Recording Media
Manufacturing
Notes
Multi-Sector General Permit (MSGP)
02
-1
336399
Other Guided Missile and Space Vehicle Parts
and Auxiliary Equipment Manufacturing
Travel Trailer and Camper Manufacturing
Military Armored Vehicle, Tank, and Tank
Component Manufacturing
Appeal: 16-1024
Doc: 75-2
3578
3579
Page N-57 of 63
3612
3613
3621
3624
3625
3629
3632
3633
3634
3635
3639
Calculating and Accounting
Machinery, Except Electronic
Computers
(change making machines)
(except point of sales terminals,
change making machines and funds
transfer devices)
(point of sale terminals and fund
transfer devices)
Office Machines, Not Elsewhere
Classified
(except timeclocks, time stamps,
pencil sharpeners, stapling machines,
etc.)
(time clocks and other time recording
devices)
(pencil sharpeners, staplers and other
office equipment)
Power, Distribution, and Specialty
Transformers
Switchgear and Switchboard
Apparatus
Motors and Generators
Carbon and Graphite Products
Relays and Industrial Controls
Electrical Industrial Apparatus, Not
Elsewhere Classified
Household Cooking Equipment
Household Refrigerators and Home
and Farm Freezers
Household Laundry Equipment
Electric Housewares and Fans
(wall and baseboard heating units for
permanent installation)
(except wall and baseboard heating
units for permanent installation,
electronic cigarette lighters, and wall
mount restroom hand dryers)
(electronic cigarette lighters)
Household Vacuum Cleaners
Household Appliances, Not
Elsewhere Classified
(household sewing machines)
333311
Automatic Vending Machine Manufacturing
333313
Office Machinery Manufacturing
334119
Other Computer Peripheral Equipment
Manufacturing
333313
Office Machinery Manufacturing
334518
Watch, Clock, and Part Manufacturing
339942
Lead Pencil and Art Good Manufacturing
335311
335313
335312
335991
335314
02
-1
. 16
o
N
Pg: 365 of 376
335999
335221
335222
335224
ed
w
/16
19
2/
1
Power, Distribution, and Specialty Transformer
Manufacturing
Switchgear and Switchboard Apparatus
Manufacturing
Motors and Generator Manufacturing
Carbon and Graphite Product Manufacturing
Relay and Industrial Control Manufacturing
All Other Miscellaneous Electrical Equipment
and Component Manufacturing
Household Cooking Appliance Manufacturing
Household Refrigerator and Home Freezer
Manufacturing
Household Laundry Equipment Manufacturing
vie
4,
333414
Heating Equipment (except Warm Air
Furnaces) Manufacturing
335211
Electric Housewares and Household Fan
Manufacturing
339999
335212
All Other Miscellaneous Manufacturing
Household Vacuum Cleaner Manufacturing
333298
All Other Industrial Machinery Manufacturing
Multi-Sector General Permit (MSGP)
3631
Filed: 01/04/2017
Appeal: 16-1024
Doc: 75-2
3641
3643
3644
Filed: 01/04/2017
(floor waxing and floor polishing
machines)
(except floor waxing and floor
polishing machines, and household
sewing machines)
Electric Lamp Bulbs and Tubes
Current-Carrying Wiring Devices
Noncurrent-Carrying Wiring Devices
Page N-58 of 63
(fish wire, electrical wiring tool)
Pg: 366 of 376
335212
Household Vacuum Cleaner Manufacturing
335228
Other Major Household Appliance
Manufacturing
335110
335931
Electric Lamp Bulbs and Part Manufacturing
Current-Carrying Wiring Device Manufacturing
332212
. 16
No
336321
Noncurrent-Carrying Wiring Device
Manufacturing
Residential Electric Lighting Fixture
Manufacturing
Commercial, Industrial, and Institutional
Electric Lighting Fixture Manufacturing
Vehicular Lighting Equipment Manufacturing
335129
Other Lighting Equipment Manufacturing
334310
Audio and Video Equipment Manufacturing
(except fishwire, electrical wiring tool)
3645
3646
3647
3648
3651
335932
Residential Electric Lighting Fixtures
335121
Commercial, Industrial, and
Institutional Electric Lighting Fixtures
Vehicular Lighting Equipment
Lighting Equipment, Not Elsewhere
Classified
Household Audio and Video
Equipment
vie
4,
335122
Regulatory burden would be greater
under Sector AA.
Multi-Sector General Permit (MSGP)
02
-1
ed
w
/16
19
2/
1
Hand and Edge Tool Manufacturing
Any facility whose primary activity is
manufacturing fish wire, electrical
wiring tool (SIC 3644 / NAICS
332212) should be regulated under
Sector AA, but may continue to be
regulated under Sector AC, or
alternatively, under Sector AD. Sector
AA applies additional technologybased effluent limits comprising good
housekeeping measures, spill
prevention and response, and spills
and leaks; additional SWPPP
requirements; and additional
inspection requirements. Sector AC
does not apply additional sectorspecific requirements and EPA may
establish facility-specific monitoring
and reporting requirements under
Sector AD.
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
Pg: 367 of 376
3661
3663
Phonograph Records and
Prerecorded Audio Tapes and Disks
(reproduction of all other media
except video)
Telephone and Telegraph Apparatus
(except consumer external modems)
334612
(consumer external modems)
3652
334418
Radio and Television Broadcasting
and Communications Equipment
334210
334220
3671
3672
Communications Equipment, Not
Elsewhere Classified
Electron Tubes
Printed Circuit Boards
3674
Semiconductors and Related Devices
334413
3675
3676
Electronic Capacitors
Electronic Resistors
Electronic Coils, Transformers, and
Other Inductors
Electronic Connectors
Electronic Components, Not
Elsewhere Classified
334414
334415
3669
Page N-59 of 63
3677
3678
3679
334290
334411
334412
334416
334417
. 16
No
Telephone Apparatus Manufacturing
Printed Circuit Assembly (Electronic Assembly)
Manufacturing
Radio and Television Broadcasting and
Wireless Communications Equipment
Manufacturing
Other Communications Equipment
Manufacturing
Electron Tube Manufacturing
Bare Printed Circuit Board Manufacturing
Semiconductor and Related Device
Manufacturing
Electronic Capacitor Manufacturing
Electronic Resistor Manufacturing
Electronic Coil, Transformer, and Other
Inductor Manufacturing
Electronic Connector Manufacturing
vie
4,
ed
w
/16
19
2/
1
Radio and Television Broadcasting and
Wireless Communications Equipment
Manufacturing
Audio and Video Equipment Manufacturing
Printed Circuit Assembly (Electronic Assembly)
Manufacturing
Other Electronic Component Manufacturing
Storage Battery Manufacturing
Primary Battery Manufacturing
Other Motor Vehicle Electrical and Electronic
Equipment Manufacturing
Magnetic and Optical Recording Media
Manufacturing
(antennas)
3691
3692
3694
3695
3699
334220
(radio headphones)
(printed circuit/electronic assembly
manufacturing)
(other electronic components)
Storage Batteries
Primary Batteries, Dry and Wet
Electrical Equipment for Internal
Combustion Engines
Magnetic and Optical Recording
Media
Electrical Machinery, Equipment, and
Supplies, Not Elsewhere Classified
(electronic teaching machines and
flight simulators)
334310
333319
Other Commercial and Service Industry
Machinery Manufacturing
(outboard electric motors)
333618
Other Engine Equipment Manufacturing
334418
334419
335911
335912
336322
334613
Any facility whose primary activity is
manufacturing outboard electric
Multi-Sector General Permit (MSGP)
02
-1
Prerecorded Compact Disc (except Software),
Tape, and Record Reproducing
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
Pg: 368 of 376
motors (SIC 3699 / NAICS 333618)
should be regulated under Sector AB,
but may continue to be regulated
under Sector AC, or alternatively,
under Sector AD. Sector AB applies
additional sector-specific SWPPP
requirements. Sector AC does not
apply additional sector-specific
requirements and EPA may establish
facility-specific monitoring and
reporting requirements under Sector
AD.
Page N-60 of 63
(laser welding and soldering
equipment)
(Christmas tree lighting sets, electric
insect lamps, electric fireplace logs,
and trouble lights)
(other electrical industrial apparatus)
Welding and Soldering Equipment
Manufacturing
335129
Other Lighting Equipment Manufacturing
335999
3812
Search, Detection, Navigation,
Guidance, Aeronautical, and Nautical
Systems and Instruments
334511
3821
Laboratory Apparatus and Furniture
339111
3823
3824
3825
02
-1
. 16
No
Automatic Controls for Regulating
Residential and Commercial
Environments and Appliances
Industrial Instruments for
Measurement, Display, and Control of
Process Variables; and Related
Products
Totalizing Fluid Meters and Counting
Devices
Instruments for Measuring and
Testing of Electricity and Electrical
Signals
(automotive ammeters and
voltmeters)
(except automotive instruments)
334512
ed
w
2/
1
All Other Miscellaneous Electrical Equipment
and Component Manufacturing
Search, Detection, Navigation, Guidance,
Aeronautical, and Nautical System and
Instrument Manufacturing
Laboratory Apparatus and Furniture
Manufacturing
Automatic Environmental Control
Manufacturing for Residential, Commercial,
and Appliance Use
vie
4,
334513
Instruments and Related Products
Manufacturing for Measuring, Displaying, and
Controlling Industrial Process Variables
334514
Totalizing Fluid Meter and Counting Device
Manufacturing
334514
334515
Totalizing Fluid Meter and Counting Device
Manufacturing
Instrument Manufacturing for Measuring and
Testing Electricity and Electrical Signals
Multi-Sector General Permit (MSGP)
3822
/16
19
333992
Regulatory burden would be greater
under Sector AB.
Appeal: 16-1024
Doc: 75-2
Filed: 01/04/2017
Pg: 369 of 376
3826
Laboratory Analytical Instruments
334516
3827
Optical Instruments and Lenses
Measuring and Controlling Devices,
Not Elsewhere Classified
333314
3829
(motor vehicle gauges)
3841
334514
(electronic chronometers)
(except medical thermometers,
electronic chronometers and motor
vehicle gauges)
(medical thermometers)
Surgical and Medical Instruments and
Apparatus
334518
Totalizing Fluid Meter and Counting Device
Manufacturing
Watch, Clock, and Part Manufacturing
334519
Other Measuring and Controlling Device
Manufacturing
339112
Surgical and Medical Instrument Manufacturing
Page N-61 of 63
332994
. 16
No
vie
4,
ed
w
/16
9
2/1
1
Small Arms Manufacturing
(operating room tables)
339111
(except tranquilizer guns and
operating room tables)
Laboratory Apparatus and Furniture
Manufacturing
339112
Surgical and Medical Instrument Manufacturing
Any facility whose primary activity is
manufacturing tranquilizer guns (SIC
3841 / NAICS 332994) should be
regulated under Sector AA, but may
continue to be regulated under Sector
AC, or alternatively, under Sector AD.
Sector AA applies additional
technology-based effluent limits
comprising good housekeeping
measures, spill prevention and
response, and spills and leaks;
additional SWPPP requirements; and
additional inspection requirements.
Sector AC does not apply additional
sector-specific requirements and EPA
may establish facility-specific
monitoring and reporting requirements
under Sector AD.
Regulatory burden would be greater
under Sector AA.
Multi-Sector General Permit (MSGP)
02
-1
(tranquilizer guns)
Analytical Laboratory Instrument
Manufacturing
Optical Instruments and Lens Manufacturing
Appeal: 16-1024
Doc: 75-2
3842
Filed: 01/04/2017
Orthopedic, Prosthetic, and Surgical
Appliances and Supplies
(incontinent pads and bed pads)
(electronic hearing aids)
Page N-62 of 63
3843
3844
(except electronic hearing aids,
incontinent pads, anatomical models,
and bed pads)
(anatomical models)
Dental Equipment and Supplies
X-Ray Apparatus and Tubes and
Related Irradiation Apparatus
Electromedical and Electrotherapeutic
Apparatus
3851
3861
3873
(CT and CAT Scanners)
Ophthalmic Goods
(intraoccular lenses, i.e., surgical
implants)
(except intraocular lenses)
Photographic Equipment and
Supplies
(photographic films, paper, plates and
chemicals)
(except photographic film, paper,
plates, and chemicals)
Watches, Clocks, Clockwork
Operated Devices, and Parts
Sanitary Paper Product Manufacturing
/16
19
2/
1
334510
Electromedical and Electrotherapeutic
Apparatus Manufacturing
339113
Regulatory burden is not expected to
differ between Sectors B and AC.
Surgical Appliance and Supplies
Manufacturing
339999
339114
02
-1
. 16
No
(except CT and CAT scanners)
322291
Any facility whose primary activity is
manufacturing incontinent pads and
bed pads (SIC 3842 / NAICS 322291)
should be regulated under Sector B,
but may continue to be regulated
under Sector AC, or alternatively,
under Sector AD. Sectors B and AC
do not apply additional sector-specific
requirements. EPA may require
additional facility-specific monitoring
and reporting requirement under
Sector AD.
334517
334510
334517
339113
339115
325992
333315
334518
vie
4,
ed
w
All Other Miscellaneous Manufacturing
Dental Equipment and Supplies Manufacturing
Irradiation Apparatus Manufacturing
Electromedical and Electrotherapeutic
Apparatus Manufacturing
Irradiation Apparatus Manufacturing
Surgical Appliance and Supplies
Manufacturing
Ophthalmic Goods Manufacturing
Photographic Film, Paper, Plate, and Chemical
Manufacturing
Photographic and Photocopying Equipment
Manufacturing
Watch, Clock, and Part Manufacturing
Multi-Sector General Permit (MSGP)
3845
Pg: 370 of 376
Appeal: 16-1024
SubSector
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Sector AD. Non-Classified Facilities
Narrative Description
Notes
Other stormwater discharges designated by the Director
as needing a permit (see 40 CFR 122.26(a)(9)(i)(C) & (D))
or any facility discharging stormwater associated with
industrial activity not described by any of Sectors A-AC.
NOTE: Facilities may not elect to be covered under Sector
AD. Only the Director may assign a facility to Sector AD.
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Multi-Sector General Permit (MSGP)
O-1
Permit
Section
Part
1.1.4.5
Part 1.2
Part 1.2
Appendix O - Summary of Reports Permit Submittals
Report/Submittal
Endangered and
Threatened
Species Appendix
E Criterion C
Eligibility Form
(Applicable only
for operators
seeking coverage
under Part 1.1.4.5
eligibility criterion
C).
New Discharger:
Submittal of
Notice of Intent
(NOI) for Permit
Coverage
Existing
Discharger:
Submittal of
Notice of Intent
(NOI) for Permit
Coverage
Frequency
Notice of
Termination
Part 1.4
Conditional “No
Exposure”
Certification Form
Where to Submit
Email to
msgpesa@epa.gov
Once, if applicable
At least 30 days
prior to submitting
the NOI for permit
coverage
Once per permit term
A minimum of 30
days prior to
commencing
discharge
Electronically using
the NPDES
eReporting Tool
(NeT) for MSGP
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Once per permit term
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Part 1.3
Due Date(s)
Once, if applicable
No later than
Septemer 2, 2015.
However, if you
have not previously
obtained coverage
under an NPDES
permit, you must
submit your NOI
immediately.
Within 30 days
after:
• a new operator
takes over
responsibility for
the facility; or
• operations and
stormwater
discharges have
ceased; or
• for Sector G, H,
or J facilities, the
applicable
termination
requirements
have been met;
or
• alternative
permit
coverage has
been obtained
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If eligible, once every 5 years As necessary
Page O-1 of 3
Electronically using
the NPDES
eReporting Tool
(NeT) for MSGP
Electronically using
the NPDES
eReporting Tool
(NeT) for MSGP
Electronically using
the NPDES
eReporting Tool
(NeT) for MSGP
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Multi-Sector General Permit (MSGP)
Permit
Section
Part 3.1.2
Part 3.2.2
Report/Submittal
Routine Inspection
Documentation
Quarterly Visual
Assessment
Documentation
Frequency
Due Date(s)
At least quarterly
By the end of the
quarter.
At least quarterly
By the end of the
quarter.
Document existence of
corrective action
condition within 24 hours
of becoming aware of
the condition
• Document corrective
As necessary
actions taken or to be
taken within 14 days
from the time of
discovery of the
condition
Develop initial
SWPPP prior to the
• Provide URL for SWPPP or
submittal of NOI
provide SWPPP
form.
information directly on
the NOI form.
Update the SWPPP
• Update the on-site
information
SWPPP as site conditions
included on URL or
indicate. At minimum,
on NOI form, at a
the SWPPP must be
minimum, no later
modified based on
than 45 days after
corrective actions and
conducting the
deadlines required under
final routine facility
Part 4.2.
inspection for the
year.
•
Part 4.4
Part 5
Part 7.3
Corrective Action
Documentation
Stormwater
Pollution
Prevention Plan
(SWPPP)
102
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Part 6
Part 7.4
Part 7.5
Part 7.6
Discharge
Monitoring Reports
(DMRs)
Annual Report
•
•
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1/quarter for benchmark
monitoring
1/year for numeric
effluent limitation
monitoring
1/year for impaired
waters monitoring
1/year
Within 30 days of
receiving your full
laboratory results
for all monitored
outfalls during the
reporting period.
30 days after lab
results if 30-day
follow-up
monitoirng
indicates
exceedance
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Reports are kept
with SWPPP
Reports are kept
with SWPPP
Reports are kept
with SWPPP
Electronically using
the NPDES
eReporting Tool
(NeT) for MSGP
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By January 30th
Exceedance
Report for Numeric If applicable
Effluent Limitations
Where to Submit
Electronically using
NetDMR
Electronically using
the NPDES
eReporting Tool
(NeT) for MSGP
Follow-up
monitoring
submitted
Electronically using
NetDMR
Exceedance eports
submitted directly
to the EPA Regional
Office listed in Part
7.9.1 of the permit
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Multi-Sector General Permit (MSGP)
Permit
Section
Part 7.7
Report/Submittal
Additional
Reporting
(Noncompliance
endangering
health, reportable
quantity spills,
etc.)
Frequency
Due Date(s)
As necessary
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Where to Submit
Varies – see Part 7.7
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Appendix P - List of Federal CERCLA Sites
Part 1.1.4.10 of the MSGP has special requirements for discharges to a federal CERCLA site. 3
If your facility discharges to one of the federal CERCLA sites listed below, you are ineligible for coverage under this permit, unless you
notify the EPA Regional Office in advance and the EPA Regional Office determines that you are eligible for permit coverage. In
determining eligibility for coverage under Part 1.1.4.10, the EPA Regional Office may evaluate whether you have included
appropriate controls and implementation procedures designed to ensure your discharge will not lead to recontamination of aquatic
media at the CERCLA Site, such that it would cause or contribute to a water quality standard exceedance. If it is determined that
your facility discharges to a CERCLA Site listed below after you have obtained coverage under this permit, you must contact your
applicable EPA Regional Office to develop appropriate controls and/or implementation procedures, as necessary, to ensure that
your discharges will not lead to recontamination of aquatic media at the CERCLA Site such that they would cause or contribute to a
water quality standard exceedance.
EPA Region 10
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The CERCLA Sites and the receiving waters associated with these sites to which the requirements of Part 1.1.4.10 apply are listed in
the table below. The areas where the permit applies are enumerated in Appendix C of the permit. For maps of CERCLA sites in
Region 10 identified within this table, please check the Region 10 Superfund list viewable at
http://yosemite.epa.gov/R10/cleanup.nsf/sites/cleanuplist.
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Operators who discharge / intend to discharge into the receiving waters listed below must first contact the EPA Regional Office
before submitting an NOI. Contact information is viewable at: http://yosemite.epa.gov/r10/water.nsf/Stormwater/industrial/.
Waterbody
(HUC code/Watershed)
ID
3
St. Joe River; Coeur
d’Alene Lake Basin
Superfund Sites
CERCLIS ID
Latitude / Longitude
Major Contaminants
St. Maries Creosote
IDSFN1002095
47.191697 / -116.343000LPAHs, HPAHs
“CERCLA site” means a facility as defined in Section 101(9) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. §
9601(9), that is undergoing a remedial investigation and feasibility study, or for which a Record of Decision for remedial action has been issued in accordance with the
National Contingency Plan, 40 C.F.R. Part 300.
Multi-Sector General Permit (MSGP)
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Similarly, if you have received notice from EPA that the facility to be covered under the MSGP is considered a potential source to a
clean up site, you must first contact the Regional EPA office before submitting an NOI.
Appeal: 16-1024
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Commencement Bay,
WA
Puget Sound
WA
Duwamish Waterway;
Elliott Bay; Puget Sound
WA Clam Bay; Puget Sound
WA Elliott Bay; Puget Sound
WA Columbia River
Page P-2 of 2
WA Puget Sound
WA Puget Sound
Commencement Bay, Near Shore/Tide Flats
WAD980726368
47.155998 / -122.245998Dioxins, furans, arsenic, copper, lead, zinc, 4-methyl-phenol, Hex-CB, HPAHs,
PCBs, PCE, cadmium, mercury, LPAHs
Harbor Island (Lead)
WAD980722839
47.344584 / -122.210792Lead, arsenic, copper, HPAHs, LPAHs, mercury,PCBs, zinc, TBT
Old Navy Dump/ Manchester Lab
WA8680030931
47.342798 / -122.325298
PCBs, copper, lead, zinc, silver, 2,4-dimethyl-phenol, PCBs
Pacific Sound Resources
WAD009248287
47.345639 / -122.215998LMWPAHs, HMWPAHs, PCBs
Upper Columbia River (T2)
WASFN1002171
47.5722 / -118.5846
Puget Sound Naval Shipyard
WA2170023418
47.333298 / -122.384999PCBs, mercury
Wycoff / Eagle Harbor
WAD009248295
47.371798 / -122.310012Mercury, LPAHs, HPAHs,
Lower Duwamish Waterway (T2)
WA0002329803
47.321608 / -122.194040PCBs, PAHs, phthalates, inorganics, mercury, semi-VOCs
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