[[pp. 64795-64844]] Final Reissuance of National Pollutant Discharge Elimination

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: October 30, 2000 (Volume 65, Number 210)]
[Notices]
[Page 64795-64844]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30oc00-123]

[[pp. 64795-64844]] Final Reissuance of National Pollutant Discharge Elimination
System (NPDES) Storm Water Multi-Sector General Permit for Industrial
Activities

[[Continued from page 64794]]

[[Page 64795]]

future point sources of pollution. EPA has interpreted this regulation
to mean that each point source must be given an individual wasteload
allocation when it is feasible to calculate such a wasteload
allocation. EPA believes that states may find it infeasible to
calculate individual wasteload allocations for all point sources
covered by a specific general permit. In that case, the TMDL would
establish individual wasteload allocations for dischargers subject to
individual permits, whereas dischargers subject to a general permits
would be accounted for in the aggregate under a single wasteload
allocation specific to the general permit under which they are
authorized to discharge.
Comment g: Lift the new source/new discharger restriction if there
is not a storm water component of the approved TMDL.
Response g: EPA, in Sections 1.2.3.8.1 and 1.2.3.8.2, was merely
conditioning a discharger's eligibility for coverage under the MSGP
upon meeting certain existing conditions and requirements in EPA's
NPDES regulations which apply in all applicable circumstances involving
both individual and general permits. In doing so, EPA intended to
merely restate those existing conditions and requirements as
eligibility requirements under the MSGP. Specifically, EPA's intention
in section 1.2.3.8.1 was to condition a new discharger's eligibility
for coverage under the MSGP upon meeting the existing regulatory
conditions under 40 CFR 122.4(i). A new discharger, therefore would not
be eligible for coverage under the MSGP if its discharge would ``cause
or contribute to a violation of a water quality standard.'' As
mentioned, this regulation is applicable to all new dischargers
irrespective of the type of permit they are seeking coverage under;
there is no language in this regulation that exempts new dischargers
seeking coverage under a general permit. EPA, in section 1.2.3.8.1 of
the MSGP, did not intend to create any confusion or change any existing
interpretation of the current regulatory language referred to in that
section. To avoid confusion EPA is therefore amending the language in
section 1.2.3.8.1 to state that ``you are not authorized to discharge
if your discharge is prohibited under 40 CFR 122.4(i).''

Section V.E Discharges Not Previously Covered by an Individual Permit

Comment: One commenter requested clarification of the permit
requirement at Part 1.2.3.3.2.3 to include any specific storm water
BMPs from the old individual permit in the Storm Water Pollution
Prevention Plan when transferring from an individual permit to the
MSGP. The commenter interpreted this condition to mean that only those
specific storm water BMPs from the old individual permit (and areas
associated with outfalls from the old permit) needed to be included in
the Plan, and noted an apparent inconsistency on page 17021, Item F, of
the preamble which states that the Plan must address the entire
facility.
Response: When transferring from an individual permit to the MSGP,
the requirement at Part 1.2.3.3.2.3 to include any specific storm water
BMPs from the old individual permit in the Storm Water Pollution
Prevention Plan is in addition to and not in lieu of the basic
requirements in Part 4. However, the BMPs brought over from the old
individual permit may satisfy one or more of the ``basic'' Storm Water
Pollution Prevention Plan requirements under Part 4 and/or the sector-
specific requirements under Part 6. There could be areas at a facility
(e.g., employee parking lots) that do not need to be addressed under
the permit (and SWPPP) unless the runoff from such areas commingles
with storm water associated with industrial activity (or was previously
permitted).

Section VI.A Notification Requirements

Comment a: The commenter supported the use of electronic filing of
NOIs, but expressed concern that facilities without Internet access
would be at a disadvantage.
Response a: It is not the intention of EPA to only accept
electronic submittals. Electronic submittal is another alternative
which, hopefully, will be available to the regulated community in the
near future.
Comment b: The commenter does not support any changes to the NOI
form, and expects any changes to comply with the Paperwork Reduction
Act.
Response b: Any changes to the NOI form that result in an increase
in burden for the applicant must first be reviewed and approved by the
Office of Management and Budget. Part of this review includes
compliance with the requirements of the Paperwork Reduction Act.
Changes to the NOI form published in today's permit were limited to
those that provide clarification in information, as well as those
changes that reflect changes in the storm water permits issued by EPA.
EPA has determined that these changes do not represent an increase in
burden for completing the NOI form. As noted in Section 2.2, the more
extensive changes listed in the March 30, 2000 proposal need to
complete their OMB review before they can be included in the NOI form.
Comment c: A commenter supported inclusion of the no exposure
certification form as an addendum to the MSGP-2000.
Response c: EPA agrees that providing the form with the permit is a
convenience for facilities qualifying for the no exposure exemption.
The certification form is an addendum to the permit.

Section VI.B Special Conditions

Comment a: The Agency is shifting its responsibility regarding
meeting minimum technology standards in NPDES permits to the
discharger.
Response a: EPA expects that when a facility submits an NOI they
are familiar with both the permit and their facility. They should be
able to determine their eligibility. The permitting authority may
concur with the facility's assessment, or not. EPA does not believe
that it has shifted its responsibility on this matter.
Comment b: There was a request to clarify the requirements in the
MSGP-2000 regarding co-located facilities.
Response b: A facility is considered co-located if there is a
second industrial activity occurring which meets the definition of
storm water discharge associated with industrial activity. For example,
a facility operates an auto salvage yard and also has an area onsite
for scrap recycling. The facility as a whole would meet the
requirements for Sector M--Auto salvage. The area where scrap recycling
occurs would meet the requirements for Sector N--Scrap Recycling. Any
storm water discharges from the scrap recycling area needs to meet the
requirements for both sectors. The second activity may or may not be
related to the primary industrial activity. The determination as to
whether something is co-located rests in the definition of storm water
discharges associated with industrial activity. If a second activity
exists at a facility which meets one of the categories in the
definition, then the facility has co-located industrial activities.

Section VI.C Common Pollution Prevention Plan Requirements

Comment a: A commenter expressed concern about various
interpretations and implementation of the storm water program,
including incorporation of effluent limits, and stressed ``* * * It is
imperative that the Agency maintains that SWPPP requirements be
interpreted and implemented in a practicable and economically feasible
manner.''
Response a: EPA believes that proper implementation of storm water
BMPS

[[Page 64796]]

will achieve compliance with water quality standards. EPA is
responsible for implementation of the storm water program in eight
states, various territories, including Puerto Rico and District of
Columbia; and various Indian Country lands throughout the country. For
the remaining 42 states, the state agency is responsible for program
implementation. They have the authority to interpret and implement the
program as appropriate for their state. It continues to be EPA's policy
not to include effluent limitations in storm water permits. However, a
state may choose to follow a different policy than EPA's.
Comment b: There is not a specific mention of catch basin inserts
or fillers on the listing of BMPs.
Response b: In discussions concerning BMPs, EPA attempted to
provide some examples of various types of BMPs. By no means is the
listing intended to be all inclusive. EPA acknowledges that there are
other BMPs, such as catch basin inserts or fillers, that were not
mentioned in discussions but may be appropriate in various
circumstances.

Section VI.E Monitoring and Reporting Requirements

Comment a: Monitoring results are an unreliable indicator of a
discharge problem and they do not provide confirmation of a problem.
Permittees cannot use results to support facility management.
Response a: EPA believes that since analytic monitoring has been
performed by substantial numbers of permittees only during the fourth
year of the 1995 MSGP (many facilities complying with monitoring
requirements in the fourth year were covered under the earlier baseline
general permit during the second monitoring year and, consequently, had
no equivalent monitoring requirement), it is premature to make any
final conclusions regarding the value of the Agency's acquisition of
the monitoring data or to consider dropping the monitoring. In essence,
the fourth-year monitoring data set EPA received represents the
baseline of pollutant discharge information under the sector-specific
industrial general storm water permit. Several rounds of monitoring
significantly enhances the utility of the results for evaluating the
effectiveness of management practices at the site as well as for the
industry sector as a whole. EPA commits to using data from the 1995 and
2000 permits to evaluate the effectiveness of management practices on
an industry sector basis and to evaluate the need for changes in
monitoring protocols for the next permit.
EPA acknowledges that, considering the small number of samples
required per monitoring year (four), and the vagaries of storm water
discharges, it may be difficult to determine or confirm the existence
of a discharge problem as a commenter claimed. When viewed as an
indicator, analytic levels considerably above benchmark values can
serve as a flag to the operator that his SWPPP needs to be reevaluated
and that pollutant loads may need to be reduced. Conversely, analytic
levels below or near benchmarks can confirm to the operator that his
SWPPP is doing its intended job. EPA believes there is presently no
alternative that provides stakeholders with an equivalent indicator of
program effectiveness.
Comment b: Monitoring results are not necessarily an indicator of
BMP effectiveness and EPA never justified that they are.
Response b: While not practicable for EPA to require an increase in
monitoring, operators are encouraged to sample more frequently to
improve the statistical validity of their results. Unless the proper
data acquisition protocol for making a valid BMP effectiveness
determination is rigorously followed, any other method used to assess
BMP effectiveness would be qualitative, and therefore less reliable.
The least subjective approach, and most beneficial to operators and
stakeholders, EPA believes, remains a combination of visual and
analytic monitoring, using analyte benchmark levels to target potential
problems. Statistical uncertainties inherent in the monitoring results
will necessitate both operators and EPA exercising best professional
judgment in interpreting the results. When viewed as an indicator,
analytic levels considerably above benchmark values can serve as a flag
to the operator that his SWPPP needs to be reevaluated and that
pollutant loads may need to be reduced. Conversely, analytic levels
below or near benchmarks can confirm to the operator that his SWPPP is
doing its intended job.
Comment c: Alternate test methods can be used for determining
effectiveness of BMPs at a facility, and benchmarks will need modifying
to account for variability in test methods.
Response c: A technically valid, deterministic investigation of BMP
effectiveness would necessarily involve collecting discharge pollutant
load data before and after the BMP. The constraints inherent in
monitoring preclude requiring this kind of investigation. All other
methods used to make an assessment of SWPPP/BMP effectiveness are
qualitative. The least subjective approach, and most beneficial to
operators and stakeholders, EPA believes, is a combination of visual
and analytic monitoring, using analyte benchmark levels (or
``targets'') as an indicator of potential problems. Vagaries of storm
discharges and statistical concerns will necessitate operators and EPA
exercising best professional judgment in interpreting the results of
any monitoring. When viewed as an indicator, analytic levels
considerably above benchmark values can serve as a flag to the operator
that his SWPPP needs to be reevaluated and that pollutant loads may
need to be reduced. Conversely, analytic levels below or near
benchmarks can confirm to the operator that his SWPPP is doing its
intended job.
Comment d: (a) The presumption of an impact on water quality
standards by storm water is inappropriate given the episodic nature of
storms. (b) EPA recognizes that during a storm, water quality standards
will not always be met, so EPA shouldn't rely on water quality
standards at a discharge point to determine if a facility is in
compliance. (c) Monitoring has marginal value in assessing and
protecting water quality.
Response d: (a) It is true that many impacts of storm water are
short-term and that many pollutants are not really toxic or
bioaccumulative. A short term water quality standard violation is not
necessarily going to persist long enough to be toxic. (b) In the
absence of establishing discharge pollutant loads that correlate
directly to a receiving water, as would be done for an individual
permit, EPA settled on benchmark levels which would, under nearly all
scenarios, be protective of water quality standards. Recognizing the
shortcomings of these generic pollutant levels, EPA only intends for
them to be used as indicators of possible problems and as a flag to
reevaluate the SWPPP--not as a trigger to begin mandatory SWPPP or
operational revisions unless, after employing BPJ, the operator deems
such revisions are necessary. (c) While end-of-pipe/end-of-property
analytic monitoring for storm water may not reflect potential impacts
to water quality, EPA does not intend to use the data for that purpose.
Comment e: EPA needs to reevaluate the validity of benchmark
values.
Response e: Universal benchmark levels cannot be established; the
next best thing would be storm water pollutant loadings vis-a-vis water
segment-specific TMDLs. But when used as a target or indicator, without
requiring specific corrective actions beyond using BPJ to reassess
present conditions and make any changes deemed necessary, the present

[[Page 64797]]

benchmarks are adequate. In specific situations operators may
reasonably conclude, after analyzing monitoring results above
benchmarks, their present SWPPPs/BMPs are adequately protective of
water quality, or that other conditions such as discharging to low-
quality, ephemeral streams may obviate the need for SWPPP/BMP
revisions.
Comment f: Monitoring diverts resources from more effective
implementation of SWPPPs. EPA should focus on pollution prevention,
instead.
Response f: In developing the monitoring requirements, i.e.,
pollutants of concern, monitoring waivers, etc., along with providing
sampling and monitoring guidances, EPA endeavored to make the financial
burden as minimal as possible. Four quarterly samples is a minimal data
set for evaluating the effectiveness of SWPPPs. Those least able to
afford expansive monitoring programs, i.e., small businesses, likely
have few outfalls to begin with. EPA believes that if monitoring is
required at a facility, it should be planned for and budgeted as a cost
of doing business.
Comment g: Permittees fear benchmark limits would be viewed as
effluent limitations.
Response g: EPA agrees that benchmark limits are not effluent
limitations and should not be used, in and of themselves, as the basis
for issuing an enforcement violation.
Comment h: Storm water discharge variability can be caused by
atmospheric/dry deposition, run on and fate in transport; facilities
with structural leachate are at a disadvantage vis-a-vis those without
the problem.
Response h: EPA acknowledges the potential for adding pollutants to
a facility's discharges from external or structural sources. A
permittee is, nonetheless, still legally responsible for the quality of
all discharges from his/her site--but not from pollutants that may be
introduced outside the boundaries of his/her property or the areas
where his/hers structures, industrial activities or materials are
located. Anything that increases the pollutant load in the runoff prior
to leaving the site, whether originating from air deposition, run-on
from nearby sites, or leachate from on-site structures, remains the
responsibility of the permittee. This was affirmed in the ruling by the
Environmental Appeals Board against the General Motors Corp. CPC-
Pontiac Fiero Plant in December 1997.
Comment i: Allow pollutant credits for background sources of
pollution.
Response i: Pollutant credits for background sources of pollution
is unfeasible for storm water. Either EPA or the permittee would have
to determine the pollutant loads of both the run-on and runoff to
calculate pollutant credits. Resources are insufficient to implement
this practice.
Comment j: Differences in monitoring results may result from
changes in business conditions; changes in personnel doing monitoring
can make observations/discharge examinations unreliable.
Response j: EPA published guidance on both monitoring and sampling
procedures (available from EPA's Office of Water Resource Center) to
standardize data collection practices.
Comment k: The same person cannot always do monitoring. Having to
rely on different people is bad for consistency in recording
observations and making discharge examinations.
Response k: EPA requires that personnel implementing the SWPPP be
provided training as an element of the SWPPP. This training must cover
program elements to ensure the quality and validity of all information
collected.
Comment l: Sampling can be dangerous.
Response l: EPA provides waivers and options such that extreme
weather or perilous conditions are accounted for.
Comment m: Determining whether a storm qualifies to be monitored is
difficult.
Response m: EPA has always defined what constitutes a storm event
worthy of monitoring. Modern weather forecasting is making it easier to
anticipate and plan for qualifying storms.
Comment n: Monitoring in remote west or arid/semi-arid areas is
difficult and burdensome.
Response n: EPA has always had accommodations and waivers for lack
of qualifying storm events. See EPA Response o below.
Comment o: EPA should reduce analytic monitoring and visual
monitoring based on average rainfall (similar to Phase II regulations).
Response o: EPA already allows permittees to skip monitoring in any
quarter in which no qualifying storm events occur.
Comment p: Some discharges (in the west) occur only infrequently
and sometimes only to isolated, ephemeral streams (which may have no
indigenous biota).
Response p: Ephemeral streams may still eventually flow into
permanent waters of the U.S.; hence, protective measures may still be
needed to protect water quality. If there are truly no water quality
standards established for an ephemeral stream and the outflow does not
feed another water body, then it's likely there would not be a ``point
source discharge'' and no permit would be required. Only those point
source discharges to waters of the U.S. need to be included in a SWPPP.
Comment q: Continuation of monitoring is not justified, especially
for mining sectors.
Response q: EPA believes that since analytic monitoring has been
performed by substantial numbers of permittees only during the fourth
year of the 1995 MSGP (many facilities complying with monitoring
requirements in the fourth year were covered under the earlier baseline
general permit during the second monitoring year and, consequently, had
no equivalent monitoring requirement), it is premature to make any
final conclusions regarding the value of the Agency's acquisition of
the monitoring data or to consider dropping the monitoring. In essence,
the fourth-year monitoring data set EPA received represents the
baseline of pollutant discharge information under the sector-specific
industrial general storm water permit. Several rounds of monitoring
significantly enhance the utility of the results for evaluating the
effectiveness of management practices at the site as well as for the
industry sector as a whole. EPA commits to using data from the 1995 and
2000 permits to evaluate the effectiveness of management practices on
an industry sector basis and to evaluate the need for changes in
monitoring protocols for the next permit.
EPA acknowledges that, considering the small number of samples
required per monitoring year (four), and the vagaries of storm water
discharges, it may be difficult to determine or confirm the existence
of a discharge problem as a commenter claimed. When viewed as an
indicator, analytic levels considerably above benchmark values can
serve as a flag to the operator that his SWPPP needs to be reevaluated
and that pollutant loads may need to be reduced. Conversely, analytic
levels below or near benchmarks can confirm to the operator that his
SWPPP is doing its intended job. EPA believes there is presently no
alternative that provides stakeholders with an equivalent indicator of
program effectiveness.
Comment r: EPA has not provided guidance on monitoring snow melt
events.
Response r: EPA does not have any specific guidance on this matter
at the present time. Guidance may be developed in the future. In the
interim, however, EPA believes that facilities should be able to obtain
reasonably representative samples using their best judgment. Two
important points must be considered to ensure the snow melt

[[Page 64798]]

sample is representative: (1) The melted runoff must come in contact
with any pollutants of concern present and not be overly
``contaminated'' with concentrated surficial deposits of hydrocarbons,
dirt, salt, etc., and (2) the melted runoff must have characteristics
that approximate those of a monitor-qualifying rain storm (0.1 inch
runoff volume, sampled within the first \1/2\ up to 1 hour).
Comment s: (a) In addition to monitoring results, EPA should also
require submission of a description of storm water controls being
implemented. (b) EPA should require facilities to monitor for
pollutants similar to what would be done under an individual permit (to
ensure BMPs are being implemented). (c) Monitoring will aid the
permittee, permitting authority and the public in understanding the
sources and toxicity of storm water at a site.
Response s: (a) EPA already requires that all BMPs and other
controls be described in the SWPPP, including inspections, maintenance,
etc. Any BMP changes or additions must be added to an updated SWPPP, so
EPA will not require this information be formally submitted. If EPA
needs to inspect a facility or determine an enforcement issue, the
facility's SWPPP will be reviewed for BMP information. (b) Customizing
a facility's monitoring requirements is tantamount to writing an
individual permit for the facility, which would require the same
application package as for an individual permit. This is an option for
those facilities where discharges or receiving waters are a concern
but, otherwise, EPA believes the requirements of the present general
permit with the identified pollutants of concern is sufficient for a
large majority of facilities. (c) EPA agrees that monitoring can be
used as an indicator of potential problems or toxicity concerns.
Comment t: Submit Discharge Monitoring Reports (DMRs) along with
NOIs to prove compliance. If no DMRs were submitted under the current
MSGP, require quarterly monitoring for all five years of MSGP-2000.
Response t: DMR and NOI submission deadlines have not coincided in
the past and, from a regulatory perspective, it is not feasible to link
them. Past instances of non-compliance are an enforcement issue with
established penalties in the CFRs, but these instances do not
automatically preclude future permit coverage nor can EPA include
separate ``penalties'' such as 5-year monitoring in the permit for
them.
Comment u: Analytic monitoring may be good for general info, which
may be of use to the facility and regulatory agency, but it should not
be required under the permit. Only visual monitoring should be
required. One commenter indicated that analytic monitoring may be good
for watershed-wide indications of general trends.
Response u: EPA believes that since analytic monitoring has been
performed by substantial numbers of permittees only during the fourth
year of the 1995 MSGP (many facilities complying with monitoring
requirements in the fourth year were covered under the earlier baseline
general permit during the second monitoring year and, consequently, had
no equivalent monitoring requirement), it is premature to make any
final conclusions regarding the value of the Agency's acquisition of
the monitoring data or to consider dropping the monitoring. In essence,
the fourth-year monitoring data set EPA received represents the
baseline of pollutant discharge information under the sector-specific
industrial general storm water permit. Several rounds of monitoring
significantly enhance the utility of the results for evaluating the
effectiveness of management practices at the site as well as for the
industry sector as a whole. EPA commits to using data from the 1995 and
2000 permits to evaluate the effectiveness of management practices on
an industry sector basis and to evaluate the need for changes in
monitoring protocols for the next permit.
EPA acknowledges that, considering the small number of samples
required per monitoring year (four), and the vagaries of storm water
discharges, it may be difficult to determine or confirm the existence
of a discharge problem. When viewed as an indicator, analytic levels
considerably above benchmark values can serve as a flag to the operator
that his SWPPP needs to be reevaluated and that pollutant loads may
need to be reduced. Conversely, analytic levels below or near
benchmarks can confirm to the operator that his SWPPP is doing its
intended job. EPA believes there is presently no alternative that
provides stakeholders with an equivalent indicator of program
effectiveness. A technically valid, deterministic investigation of BMP
effectiveness would necessarily involve collecting discharge pollutant
load data before and after the BMP. The constraints inherent in
monitoring preclude requiring this kind of investigation. All other
methods used to make an assessment of SWPPP/BMP effectiveness are
qualitative. Quarterly visual monitoring of storm water discharges has
always been a permit requirement, for many of the same reasons why
commenters favor it, and will continue to be so. The least subjective
approach, and most beneficial to operators and stakeholders, EPA
believes, is a combination of visual and analytic monitoring, using
analyte benchmark levels (or ``targets'') as an indicator of potential
problems. Variability of storm discharges and statistical concerns will
necessitate operators and EPA exercising best professional judgement in
interpreting the results of any monitoring.
Monitoring in impaired water bodies would focus attention on the
problem water bodies and possible pollutant sources. However, not all
impaired water bodies and their impairments have been determined. The
goal of EPA's storm water program is also to protect and maintain water
quality, not just remediate impaired waters, so focusing on impaired
waters only does not fulfill all the program's responsibilities.
Comment v: If monitoring results are below the benchmark,
facilities should not be required to monitor unless there are major
changes to the facility.
Response v: Several rounds of monitoring significantly enhances the
utility of the results for evaluating the effectiveness of management
practices at the site as well as for the industry sector as a whole.
EPA is keeping the monitoring requirement for all specified sectors at
least one more time to provide stakeholders with continued assurance
that SWPPPs are being implemented, concerted efforts to protect water
quality are ongoing, and a mechanism is in place to indicate potential
problems. The previous second year monitoring waiver for facilities
with pollutant levels below the benchmark level is being retained.
Comment w: Substantially identical outfalls reduces burden and is
beneficial to SWPPP implementation.
Response w: Noted.

Visual Monitoring

Comment x: Numerous commenters supported dropping analytic
monitoring from the MSGP-2000 in favor of just requiring quarterly
visual monitoring. Commenters claimed visual monitoring is adequate to
ensure compliance and environmental protection (especially coupled with
training), and is least burdensome.
Response x: Quarterly visual monitoring of storm water discharges
has always been a permit requirement, for many of the same reasons why
commenters favor it, and will continue to be so. EPA will also be
retaining analytic monitoring because we believe the best way to ensure
SWPPP effectiveness and protection of water

[[Page 64799]]

quality is through a combination of visual and analytic monitoring. The
reasons for not adopting visual monitoring only are explained further
in the rationale for justifying quarterly analytic monitoring.
Comment y: Operators need flexibility to collect representative
samples for visual monitoring.
Response y: EPA believes the same representative sample reduction
provided for analytic monitoring is inappropriate for the quarterly
visual monitoring. A visual examination of all discharges is the least
that operators can do to ensure all discharges are clean and would
provide greater confirmation to themselves and other stakeholders that
the representative discharge sample reduction claimed for analytic
monitoring is, in fact, justified.
Comment z: Support visual monitoring with use of field test kits,
which are cheaper and easier than 40 CFR 136.
Response z: Field test kits have not yet been confirmed as being as
reliable as currently required analytical methods. Therefore, EPA is
not allowing the use of kits in place of currently required analytical
methods at this time.
Comment aa: Make visual evaluations standard.
Response aa: EPA has standard protocols for storm water sampling
(the storm water sampling guidance can be obtained from EPA's Office of
Water Resource Center at 202-260-7786) and the permit describes the
examination procedures, parameters to be examined, meaning of results,
etc.
Comment bb: Visual monitoring should be reduced commensurately in
arid climates.
Response bb: EPA already allows permittees to document in their
monitoring records that no discharge occurred during a monitoring
quarter.

Annual Reporting

Comment cc: One option suggested by commenters was for an annual
report, possibly using a standardized form, to be submitted to EPA
detailing the permittee's SWPPP highlights and revisions/additions,
inspections, compliance evaluations, visual monitoring results, etc.
One comment against this option stated that the volume of data
submitted would be too great for the Agency to evaluate. Other
opponents to this option indicated that the reports would not contain
enough information to evaluate SWPPP effectiveness, ensure water
quality protection, or provide the information necessary to make long-
term management plans. Commenters in support of the annual report
concept held that it would provide a record of the permittee's
commitment to storm water control, was better for evaluating SWPPP
effectiveness, and would provide information to EPA to determine if
sampling or a site inspection is needed.
Response cc: Information on SWPPP highlights and revisions/
additions, inspections, compliance evaluations, visual monitoring
results, etc. is already required to be documented in a facility's
SWPPP, which, if deemed necessary, must be provided to EPA on demand.
If no monitoring data were available, an annual report could be used to
ensure that a facility is implementing its SWPPP. The reports could
also be used to prioritize sites for inspection. However, EPA agrees
that it would be very burdensome to review all the reports and very
difficult to assess the effectiveness of a facility's SWPPP based on
that review alone. The subjectivity inherent in annual reporting makes
it an undesirable substitute for analytic monitoring. Documenting the
kind of information in the annual report is already a SWPPP requirement
and is, therefore, available to operators for assessing and improving
their storm water programs. For these reasons, EPA will not require
reports containing essentially the same information required in SWPPPs
to be submitted in lieu of analytic monitoring.

Group Monitoring

Comment dd: Commenters also suggested group monitoring. In this
option a consortium of like permittees would do sampling at one
facility, possibly on a rotating basis. The sample results would
represent all the facilities in the consortium. A variation of group
monitoring is for the consortium to retain a consultant to do
representative sampling and provide storm water program guidance and
evaluations. Supporters of this concept said it may allow for
comparisons of effectiveness of different SWPPP practices (e.g.,
sweeping vs. catchment basin for solids control). One commenter pointed
out that the feasibility of the group concept is suspect due to the
fact that individual facilities may have different topography, soil and
other natural conditions.
Response dd: EPA believes that technically valid BMP comparisons
could be done under this type of program. However, it would be
difficult and very resource-intensive for EPA to establish criteria for
group eligibility and then monitor to ensure that groups met these
criteria.

Watershed Monitoring

Comment ee: Commenters suggested conducting watershed monitoring
rather than monitoring at the facility. This option involves replacing
the monitoring of discrete storm water discharges with ambient
receiving water monitoring on a watershed basis.
Response ee: Watershed monitoring is invaluable to making real
conclusions regarding storm water impacts of water quality, and will be
employed in making total maximum daily load (TMDL) determinations.
However, watershed monitoring cannot replace facility-specific storm
water discharge monitoring to determine the loads contributed by the
facilities and to evaluate the effectiveness of the SWPPP.

Monitoring Only in Impaired Waters

Comment ff: Several commenters supported requiring monitoring only
in impaired water bodies and for pollutants that cause the impairment.
Response ff: Although this option would focus attention on the
problem water bodies and possible pollutant sources, EPA and a
commenter point out that not all impaired water bodies and their
impairments have been determined. The goal of EPA's storm water program
is also to protect and maintain water quality, not just remediate
impaired waters, so focusing on impaired waters only does not fulfill
all the program's responsibilities.

Section VII Cost Estimates for Common Permit Requirements

Comment: EPA incorrectly estimated costs associated with the
original MSGP. The new permit imposes even more costs. EPA must better
estimate these costs, especially for small businesses. EPA should
conduct a Regulatory Flexibility Analysis as well as perform a Small
Business Regulatory Enforcement Fairness Act (SBREFA) consultation.
Response: The Regulatory Flexibility Act (RFA), as amended by the
Small Business Regulatory Enforcement Fairness Act (SBREFA) generally
requires an agency to prepare a regulatory flexibility analysis for any
rule subject to notice and comment rulemaking requirements under the
Administrative Procedure Act or any other statute. Under section 605(b)
of the RFA, however, if the head of an agency certifies that a rule
will not have a significant economic impact on a substantial number of
small entities, the statute does not require the agency to prepare a
regulatory flexibility analysis.
The MSGP-2000 provides facilities the option of obtaining a general
permit

[[Page 64800]]

rather than applying for individual permits; it does not extend
coverage of the existing NPDES regulations. Therefore, the costs
associated with obtaining a permit were already addressed when the
NPDES regulations were issued. Furthermore, the MSGP-2000 is intended
to reduce costs by providing a streamlined procedure for obtaining
permit coverage. For these reasons, there was no requirement on EPA to
conduct a separate analysis to support the MSGP-2000.

X. Economic Impact (Executive Order 12866)

Under Executive Order 12866 [58 FR 51735 (October 4, 1993)], the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may have an annual effect
on the economy of $100 million or more or adversely affect in a
material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local, or tribal governments or communities; create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency; materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs or the rights and obligations of
recipients thereof; or raise novel legal or policy issues arising out
of legal mandates, the President's priorities, or the principles set
forth in the Executive Order.
EPA has determined that the reissued MSGP is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to formal OMB review prior to proposal.

XI. Unfunded Mandates Reform Act

Section 201 of the Unfunded Mandates Reform Act (UMRA), Public Law
104-4, generally requires Federal agencies to assess the effects of
their ``regulatory actions'' on State, local, and tribal governments
and the private sector. UMRA uses the term ``regulatory actions'' to
refer to regulations. (See, e.g., UMRA section 201, ``Each agency shall
* * * assess the effects of Federal regulatory actions * * * (other
than to the extent that such regulations incorporate requirements
specifically set forth in law)'' (emphasis added)). UMRA section 102
defines ``regulation'' by reference to 2 U.S.C. 658 which in turn
defines ``regulation'' and ``rule'' by reference to section 601(2) of
the Regulatory Flexibility Act (RFA). That section of the RFA defines
``rule'' as ``any rule for which the agency publishes a notice of
proposed rulemaking pursuant to section 553(b) of [the Administrative
Procedure Act (APA)], or any other law * * * ''
As discussed in the RFA section of this notice, NPDES general
permits are not ``rules'' under the APA and thus not subject to the APA
requirement to publish a notice of proposed rulemaking. NPDES general
permits are also not subject to such a requirement under the CWA. While
EPA publishes a notice to solicit public comment on draft general
permits, it does so pursuant to the CWA section 402(a) requirement to
provide ``an opportunity for a hearing.'' Thus, NPDES general permits
are not ``rules'' for RFA or UMRA purposes.
EPA has determined that today's MSGP reissuance does not result in
expenditures of $100 million or more for State, local and Tribal
governments, in the aggregate, or the private sector in any one year.
The Agency also believes that the final MSGP will not significantly
nor uniquely affect small governments. For UMRA purposes, ``small
governments'' is defined by reference to the definition of ``small
governmental jurisdiction'' under the RFA. (See UMRA section 102(1),
referencing 2 U.S.C. 658, which references section 601(5) of the RFA.)
``Small governmental jurisdiction'' means governments of cities,
counties, towns, etc., with a population of less than 50,000, unless
the agency establishes an alternative definition.
Today's final MSGP also will not uniquely affect small governments
because compliance with the final permit conditions affects small
governments in the same manner as any other entities seeking coverage
under the final permit.

XII. Paperwork Reduction Act

EPA has reviewed the requirements imposed on regulated facilities
resulting from the final MSGP under the Paperwork Reduction Act of
1980, 44 U.S.C. 3501 et seq. The information collection requirements of
the MSGP have already been approved in previous submissions made for
the NPDES permit program under the provisions of the CWA.

XIII. Regulatory Flexibility Act

The Agency has determined that the final MSGP being published today
is not subject to the Regulatory Flexibility Act (``RFA''), which
generally requires an agency to conduct a regulatory flexibility
analysis of any significant impact the rule will have on a substantial
number of small entities. By its terms, the RFA only applies to rules
subject to notice-and-comment rulemaking requirements under the
Administrative Procedure Act (``APA'') or any other statute. Today's
final MSGP is not subject to notice and comment requirements under the
APA or any other statute because the APA defines ``rules'' in a manner
that excludes permits. See APA section 551(4), (6), and (8).
APA section 553 does not require public notice and opportunity for
comment for interpretative rules or general statements of policy. In
addition to finalizing the new MSGP, today's notice repeats for the
convenience of the reader an interpretation of existing regulations
promulgated almost twenty years ago. The action would impose no new or
additional requirements.

Authorization to Discharge Under the National Pollutant Discharge
Elimination System

In compliance with the provisions of the Clean Water Act, as
amended, (33 U.S.C. 1251 et seq.), operators of discharges associated
with industrial activities that submit a complete Notice of Intent in
accordance with Part 2.2 for a discharge that is located in an area
specified in Part 1.1 and eligible for permit coverage under Part 1.2
are authorized to discharge pollutants to waters of the United States
in accordance with the conditions and requirements set forth herein.
This permit becomes effective on October 30, 2000.
This permit and the authorization to discharge expire at midnight,
October 30, 2005.

[[Page 64801]]

Signed and issued this 15th day of September, 2000.
Linda M. Murphy,
Director, Office of Ecosystem Protection, Region 1.
Signed and issued this 15th day of September, 2000.
Kathleen C. Callahan,
Director, Division of Environmental Planning and Protection, Region 2.
Signed and issued this 15th day of September, 2000.
Joseph T. Piotrowski,
Acting Director, Water Protection Division, Region 3.
Signed and issued this 12th day of September, 2000.
Douglas Mundrick,
Acting Deputy Division Director, Water Management Division, Region 4.
Signed and issued this 27th day of September, 2000.
Sam Becker,
Acting Director, Water Quality Protection Division, Region 6.
Signed and issued this 2d day of October, 2000.
Stephen S. Tuber,
Acting Assistant Regional Administrator, Office of Partnerships and
Regulatory Assistance, Region 8.
Signed and issued this 28th day of September, 2000.
Alexis Strauss,
Director, Water Division, Region 9.
Signed and issued this 14th day of September, 2000.
Michael A. Bussell,
Deputy Director, Office of Water, Region 10.

NPDES Multi-Sector General Permits for Storm Water Discharges
Associated With Industrial Activities

Table of Contents

1. Coverage Under This Permit
1.1 Permit Area
1.2 Eligibility
1.3 How to Obtain Authorization Under This Permit
1.4 Terminating Coverage
1.5 Conditional Exclusion for No Exposure
2. Notice of Intent Requirements
2.1 Notice of Intent (NOI) Deadlines
2.2 Contents of Notice of Intent (NOI)
2.3 Use of NOI Form
2.4 Where to Submit
2.5 Additional Notification
3. Special Conditions
3.1 Hazardous Substances or Oil
3.2 Additional Requirements for Salt Storage
3.3 Discharge Compliance With Water Quality Standards
4. Storm Water Pollution Prevention Plans
4.1 Storm Water Pollution Prevention Plan Requirements
4.2 Contents of Plan
4.3 Maintenance
4.4 Non-Storm Water Discharges
4.5 Documentation of Permit Eligibility Related to Endangered
Species
4.6 Documentation of Permit Eligibility Related to Historic
Places
4.7 Copy of Permit Requirements
4.8 Applicable State, Tribal or Local Plans
4.9 Comprehensive Site Compliance Evaluation
4.10 Maintaining Updated SWPPP
4.11 Signature, Plan Review and Making Plans Available
4.12 Additional Requirements for Storm Water Discharges
Associated With Industrial Activity From Facilities Subject to EPCRA
Section 313 Reporting Requirements
5. Monitoring Requirements and Numeric Limitations
5.1 Types of Monitoring Requirements and Limitations
5.2 Monitoring Instructions
5.3 General Monitoring Waivers
5.4 Monitoring Required by the Director
5.5 Reporting Monitoring Results
6. Sector-Specific Requirements for Industrial Activity
6.A Sector A--Timber Products
6.B Sector B--Paper and Allied Products Manufacturing
6.C Sector C--Chemical and Allied Products Manufacturing
6.D Sector D--Asphalt Paving and Roofing Materials and
Lubricant Manufacturers
6.E Sector D--Glass, Clay, Cement, Concrete, and Gypsum
Products
6.F Sector F--Primary Metals
6.G Sector G--Metal Mining (Ore Mining and Dressing)
6.H Sector H--Coal Mines and Coal Mining Related Facilities
6.I Sector I--Oil and Gas Extraction and Refining
6.J Sector J--Mineral Mining and Dressing
6.K Sector K--Hazardous Waste Treatment, Storage or Disposal
Facilities
6.L Sector L--Landfills, Land Application Sites and Open Dumps
6.M Sector M--Automobile Salvage Yards
6.N Sector N--Scrap Recycling and Waste Recycling Facilities
6.O Sector O--Steam Electric Generating Facilities
6.P Sector P--Land Transportation and Warehousing
6.Q Sector Q--Water Transportation
6.R Sector R--Ship and Boat Building or Repair Yards
6.S Sector S--Air Transportation
6.T Sector T--Treatment Works
6.U Sector U--Food and Kindred Products
6.V Sector V--Textile Mills, Apparel and Other Fabric Products
6.W Sector W--Furniture and Fixtures
6.X Sector X--Printing and Publishing
6.Y Sector Y--Rubber, Miscellaneous Plastic Products and
Miscellaneous Manufacturing Industries
6.Z Sector Z--Leather Tanning and Finishing
6.AA Sector AA--Fabricated Metal Products
6.AB Sector AB--Transportation Equipment, Industrial or
Commercial Machinery
6.AC Sector AC--Electronic, Electrical Equipment and
Components, Photographic and Optical Goods
6.AD Storm Water Discharges Designated By the Director As
Requiring Permits
7. Reporting
7.1 Reporting Results of Monitoring
7.2 Additional Reporting for Dischargers to a Large or Medium
Municipal Separate Storm Sewer System
7.3 Miscellaneous Reports
8. Retention of Records
8.1 Documents
8.2 Accessibility
8.3 Addresses
8.4 State, Tribal, and Other Agencies
9. Standard Permit Conditions
9.1 Duty to Comply
9.2 Continuation of the Expired General Permit
9.3 Need to Halt or Reduce Activity Not a Defense
9.4 Duty to Mitigate
9.5 Duty to Provide Information
9.6 Other Information
9.7 Signatory Requirements
9.8 Penalties for Falsification of Reports
9.9 Oil and Hazardous Substance Liability
9.10 Property Rights
9.11 Severability
9.12 Requiring Coverage Under an Individual Permit or an
Alternative General Permit
9.13 State/Tribal Environmental Laws
9.14 Proper Operation and Maintenance
9.15 Inspection and Entry
9.16 Monitoring and Records
9.17 Permit Actions
10. Reopener Clause
10.1 Water Quality Protection
10.2 Procedures for Modification or Revocation
11. Transfer or Termination of Coverage
11.1 Transfer of Permit Coverage
11.2 Notice of Termination (NOT)
11.3 Addresses
11.4 Facilities Eligible for ``No Exposure'' Exemption for
Storm Water Permitting
12. Definitions
13. Permit Conditions Applicable to Specific State, Indian Country
Lands, or Territories
Addendum A--Endangered Species Guidance
Addendum B--Historic Properties Guidance
Addendum C--New Source Environmental Assessments
Addendum D--Notice of Intent Form
Addendum E--Notice of Termination Form
Addendum F--No Exposure Certification Form

Note: In the Spirit of the Agency's ``Readable Regulations''
policy, this permit was written as much as practicable in a more
reader-friendly, plain language format that should make it easier
for people less familiar with traditional EPA permits and
regulations to read and understand the permit requirements. Terms
like ``you'' and ``your'' are used to refer to the party(ies) that
are operators of a discharge, applicants, permittees, etc. Terms
like ``must'' are used

[[Page 64802]]

instead of ``shall.'' Phrasing such as ``If you. * * * '' is used to
identify conditions that may not apply to all permittees.

1. Coverage Under This Permit

1.1 Permit Area

The permit language is structured as if it were a single permit,
with State, Indian country land or other area-specific conditions
contained in Part 13. Permit coverage is actually provided by legally
separate and distinctly numbered permits, all of which are contained
herein, and which cover each of the areas listed in Parts 1.1.1 through
1.1.10.

Note: EPA can only provide permit coverage for areas and classes
of discharges not within the scope of a State's NPDES authorization.
For discharges not described in an area of coverage below, please
contact the appropriate State NPDES permitting authority to obtain a
permit.

1.1.1 EPA Region 1: CT, MA, ME, NH, RI, VT

The states of Connecticut, Rhode Island, and Vermont are the NPDES
Permitting Authority for the majority of discharges within their
respective states.

1.1.2 EPA Region 2: NJ, NY, PR, VI

The state of New York is the NPDES Permitting Authority for the
majority of discharges within that state. New Jersey and the Virgin
Islands are the NPDES Permitting Authority for all discharges within
their respective states.

1.1.3 EPA REGION 3: DE, DC, MD, PA, VA, WV

The state of Delaware is the NPDES Permitting Authority for the
majority of discharges within that state. Maryland, Pennsylvania, and
Virginia, West Virginia are the NPDES Permitting Authority for all
discharges within these states.

1.1.4 EPA Region 4: AL, FL, GA, KY, MS, NC, SC, TN

The states of Alabama, Florida, Mississippi, and North Carolina are
the NPDES Permitting Authority for the majority of discharges within
their respective states. Georgia, Kentucky, South Carolina and
Tennessee are the NPDES Permitting Authority for all discharges within
their respective states.

1.1.5 EPA Region 5: IL, IN, MI, MN, OH, WI

Coverage Not Available.

1.1.6 EPA Region 6: AR, LA, OK, TX, NM (Except See Region 9 for
Navajo Lands, and See Region 8 for Ute Mountain Reservation Lands)

The states of Louisiana, Oklahoma, and Texas are the NPDES
Permitting Authority for the majority of discharges within their
respective states. Arkansas is the NPDES Permitting Authority for all
discharges within that state.

[[Page 64803]]

TXR05*##F......................... Facilities in the State of Texas not
under the jurisdiction of the Texas
Natural Resource Conservation
Commission, except those on Indian
country lands. EPA-jurisdiction
facilities include SIC codes 1311,
1321, 1381, 1382, and 1389 (other
than oil field service company
``home base'' facilities).
TXR05*##I......................... Indian country lands within the
State of Texas.
------------------------------------------------------------------------

1.1.7 EPA Region 7: IA, KS, MO, NE

Coverage Not Available.

1.1.8 EPA Region 8: CO, MT, ND, SD, WY, UT (Except See Region 9
for Goshute Reservation and Navajo Reservation Lands), the Ute
Mountain Reservation in NM, and the Pine Ridge Reservation in NE

The states of Colorado, Montana, North Dakota, South Dakota, Utah,
and Wyoming are the NPDES Permitting Authority for the majority of
discharges within their respective states.

------------------------------------------------------------------------
Areas of coverage/where EPA is
Permit No. permitting authority
------------------------------------------------------------------------
COR05*##F......................... Federal Facilities in the State of
Colorado, except those located on
Indian country lands which are
covered under Colorado permit
CORO5*##I below.
COR05*##I......................... Indian country lands within the
State of Colorado, including the
portion of the Ute Mountain
Reservation located in New Mexico.
MTR05*##I......................... Reserved.
NDR05*##I......................... Indian country lands within the
State of North Dakota, including
that portion of the Standing Rock
Reservation located in South Dakota
except Indian country within the
former boundaries of the Lake
Traverse Reservation that is
covered under South Dakota permit
SDR05*##I listed below.
SDR05*##I......................... Indian country lands within the
State of South Dakota, including
the portion of the Pine Ridge
Reservation located in Nebraska and
the portion of Indian country
within the former boundaries of the
Lake Traverse Reservation located
in North Dakota except for the
Standing Rock Reservation that is
covered under North Dakota permit
NDR05*##I listed above.
UTR05*##I......................... Indian country lands within the
State of Utah, except Goshute and
Navajo Reservation lands that are
covered under Arizona permit
AZR05*##I (Goshute) listed in Part
1.1.9 and Nevada permit NVR05*##I
(Navajo) listed in Part 1.1.9.
WYR05*##I......................... Indian country lands within the
State of Wyoming.
------------------------------------------------------------------------

1.1.9 EPA Region 9: CA, HI, NV, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Goshute
Reservation in UT and NV, the Navajo Reservation in UT, NM, and AZ,
the Duck Valley Reservation in ID, and the Fort McDermitt
Reservation in OR

The states of California and Nevada are the NPDES Permitting
Authority for the majority of discharges within their respective
states. Hawaii is the NPDES Permitting Authority for all discharges
within that state.

1.1.10 Region 10: AK, ID (Except See Region 9 for Duck Valley
Reservation Lands), OR (Except See Region 9 for Fort McDermitt
Reservation), WA

The states of Oregon and Washington are the NPDES Permitting
Authority for the majority of discharges within their respective
states. The 1995 Multi-Sector General Permit was issued in the State of
Alaska on February 9, 1996 (61 FR 5247) and the terms and conditions of
the 1995 permit are effective for facilities in Alaska through February
9, 2001. EPA will reissue this permit for the State of Alaska at a
future date.

[[Page 64804]]

1.2 Eligibility

You must maintain permit eligibility to discharge under this
permit. Any discharges that are not compliant with the eligibility
conditions of this permit are not authorized by the permit and you must
either apply for a separate permit to cover those ineligible discharges
or take necessary steps to make the discharges eligible for coverage.

1.2.1 Facilities Covered

Your permit eligibility is limited to discharges from facilities in
the ``sectors'' of industrial activity based on Standard Industrial
Classification (SIC) codes and Industrial Activity Codes summarized in
Table 1-1. References to ``sectors'' in this permit (e.g., sector-
specific monitoring requirements, etc.) refer to these sectors.

Table 1-1.--Sectors of Industrial Activity Covered by This Permit
------------------------------------------------------------------------
SIC code or activity code \1\ Activity represented
------------------------------------------------------------------------
Sector A: Timber Products
------------------------------------------------------------------------
2411.............................. Log Storage and Handling (Wet deck
storage areas only authorized if no
chemical additives are used in the
spray water or applied to the
logs).
2421.............................. General Sawmills and Planning Mills.
2426.............................. Hardwood Dimension and Flooring
Mills.
2429.............................. Special Product Sawmills, Not
Elsewhere Classified.
2431-2439 (except 2434)........... Millwork, Veneer, Plywood, and
Structural Wood (see Sector W).
2448, 2449........................ Wood Containers.
2451, 2452........................ Wood Buildings and Mobile Homes.
2491.............................. Wood Preserving.
2493.............................. Reconstituted Wood Products.
2499.............................. Wood Products, Not Elsewhere
Classified.
------------------------------------------------------------------------
Sector B: Paper and Allied Products
------------------------------------------------------------------------
2611.............................. Pulp Mills.
2621.............................. Paper Mills.
2631.............................. Paperboard Mills.
2652-2657......................... Paperboard Containers and Boxes.
2671-2679......................... Converted Paper and Paperboard
Products, Except Containers and
Boxes.
------------------------------------------------------------------------
Sector C: Chemical and Allied Products
------------------------------------------------------------------------
2812-2819......................... Industrial Inorganic Chemicals.
2821-2824......................... Plastics Materials and Synthetic
Resins, Synthetic Rubber,
Cellulosic and Other Manmade Fibers
Except Glass.
2833-2836......................... Medicinal chemicals and botanical
products; pharmaceutical
preparations; in vitro and in vivo
diagnostic substances; biological
products, except diagnostic
substances.
2841-2844......................... Soaps, Detergents, and Cleaning
Preparations; Perfumes, Cosmetics,
and Other Toilet Preparations.
2851.............................. Paints, Varnishes, Lacquers,
Enamels, and Allied Products.
2861-2869......................... Industrial Organic Chemicals.
2873-2879......................... Agricultural Chemicals.
2873.............................. Facilities that Make Fertilizer
Solely from Leather Scraps and
Leather Dust.
2891-2899......................... Miscellaneous Chemical Products.
3952 (limited to list)............ Inks and Paints, Including China
Painting Enamels, India Ink,
Drawing Ink, Platinum Paints for
Burnt Wood or Leather Work, Paints
for China Painting, Artist's Paints
and Artist's Watercolors.
------------------------------------------------------------------------
Sector D: Asphalt Paving and Roofing Materials and Lubricants
------------------------------------------------------------------------
2951, 2952........................ Asphalt Paving and Roofing
Materials.
2992, 2999........................ Miscellaneous Products of Petroleum
and Coal.
------------------------------------------------------------------------
Sector E: Glass Clay, Cement, Concrete, and Gypsum Products
------------------------------------------------------------------------
3211.............................. Flat Glass.
3221, 3229........................ Glass and Glassware, Pressed or
Blown.
3231.............................. Glass Products Made of Purchased
Glass.
3241.............................. Hydraulic Cement.
3251-3259......................... Structural Clay Products.
3261-3269......................... Pottery and Related Products.
3271-3275......................... Concrete, Gypsum and Plaster
Products.
3291-3299......................... Abrasive, Asbestos, and
Miscellaneous Nonmetallic Mineral
Products.
------------------------------------------------------------------------
Sector F: Primary Metals
------------------------------------------------------------------------
3312-3317......................... Steel Works, Blast Furnaces, and
Rolling and Finishing Mills.
3321-3325......................... Iron and Steel Foundries.
3331-3339......................... Primary Smelting and Refining of
Nonferrous Metals.
3341.............................. Secondary Smelting and Refining of
Nonferrous Metals.
3351-3357......................... Rolling, Drawing, and Extruding of
Nonferrous Metals.

[[Page 64805]]

3363-3369......................... Nonferrous Foundries (Castings).
3398, 3399........................ Miscellaneous Primary Metal
Products.
------------------------------------------------------------------------
Sector G: Metal Mining (Ore Mining and Dressing)
------------------------------------------------------------------------
1011.............................. Iron Ores.
1021.............................. Copper Ores.
1031.............................. Lead and Zinc Ores.
1041, 1044........................ Gold and Silver Ores.
1061.............................. Ferroalloy Ores, Except Vanadium.
1081.............................. Metal Mining Services.
1094, 1099........................ Miscellaneous Metal Ores.
------------------------------------------------------------------------
Sector H: Coal Mines and Coal Mining Related Facilities
------------------------------------------------------------------------
1221-1241......................... Coal Mines and Coal Mining-Related
Facilities.
------------------------------------------------------------------------
Sector I: Oil and Gas Extraction and Refining
------------------------------------------------------------------------
1311.............................. Crude Petroleum and Natural Gas.
1321.............................. Natural Gas Liquids.
1381-1389......................... Oil and Gas Field Services.
2911.............................. Petroleum Refineries.
------------------------------------------------------------------------
Sector J: Mineral Mining and Dressing
------------------------------------------------------------------------
1411.............................. Dimension Stone.
1422-1429......................... Crushed and Broken Stone, Including
Rip Rap.
1442, 1446........................ Sand and Gravel
1455, 1459........................ Clay, Ceramic, and Refractory
Materials.
1474-1479......................... Chemical and Fertilizer Mineral
Mining.
1481.............................. Nonmetallic Minerals Services,
Except Fuels.
1499.............................. Miscellaneous Nonmetallic Minerals,
Except Fuels.
------------------------------------------------------------------------
Sector K: Hazardous Waste Treatment, Storage, or Disposal Facilities
------------------------------------------------------------------------
HZ................................ Hazardous Waste Treatment Storage or
Disposal.
------------------------------------------------------------------------
Sector L: Landfills and Land Application Sites
------------------------------------------------------------------------
LF................................ Landfills, Land Application Sites,
and Open Dumps.
------------------------------------------------------------------------
Sector M: Automobile Salvage Yards
------------------------------------------------------------------------
5015.............................. Automobile Salvage Yards.
------------------------------------------------------------------------
Sector N: Scrap Recycling Facilities
------------------------------------------------------------------------
5093.............................. Scrap Recycling Facilities.
------------------------------------------------------------------------
Sector O: Steam Electric Generating Facilities
------------------------------------------------------------------------
SE................................ Steam Electric Generating
Facilities.
------------------------------------------------------------------------
Sector P: Land Transportation and Warehousing
------------------------------------------------------------------------
4011, 4013........................ Railroad Transportation.
4111-4173......................... Local and Highway Passenger
Transportation.
4212-4231......................... Motor Freight Transportation and
Warehousing.
4311.............................. United States Postal Service.
5171.............................. Petroleum Bulk Stations and
Terminals.
------------------------------------------------------------------------
Sector Q: Water Transportation
------------------------------------------------------------------------
4412-4499......................... Water Transportation.
------------------------------------------------------------------------
Sector R: Ship and Boat Building or Repairing Yards
------------------------------------------------------------------------
3731,3732......................... Ship and Boat Building or Repairing
Yards.
------------------------------------------------------------------------
Sector S: Air Transportation
------------------------------------------------------------------------
4512-4581......................... Air Transportation Facilities.
------------------------------------------------------------------------

[[Page 64806]]

Sector T: Treatment Works
------------------------------------------------------------------------
TW................................ Treatment Works.
------------------------------------------------------------------------
Sector U: Food and Kindred Products
------------------------------------------------------------------------
2011-2015......................... Meat Products.
2021-2026......................... Dairy Products.
2032.............................. Canned, Frozen and Preserved Fruits,
Vegetables and Food Specialties.
2041-2048......................... Grain Mill Products.
2051-2053......................... Bakery Products.
2061-2068......................... Sugar and Confectionery Products.
2074-2079......................... Fats and Oils.
2082-2087......................... Beverages.
2091-2099......................... Miscellaneous Food Preparations and
Kindred Products.
2111-2141......................... Tobacco Products.
------------------------------------------------------------------------
Sector V: Textile Mills, Apparel, and Other Fabric Product
Manufacturing, Leather and Leather Products
------------------------------------------------------------------------
2211-2299......................... Textile Mill Products.
2311-2399......................... Apparel and Other Finished Products
Made From Fabrics and Similar
Materials.
3131-3199 (except 3111)........... Leather and Leather Products, except
Leather Tanning and Finishing (see
Sector Z).
------------------------------------------------------------------------
Sector W: Furniture and Fixtures
------------------------------------------------------------------------
2434.............................. Wood Kitchen Cabinets.
2511-2599......................... Furniture and Fixtures.
------------------------------------------------------------------------
Sector X: Printing and Publishing
------------------------------------------------------------------------
2711-2796......................... Printing, Publishing, and Allied
Industries.
------------------------------------------------------------------------
Sector Y: Rubber, Miscellaneous Plastic Products, and Miscellaneous
Manufacturing Industries.
------------------------------------------------------------------------
3011.............................. Tires and Inner Tubes.
3021.............................. Rubber and Plastics Footwear.
3052, 3053........................ Gaskets, Packing, and Sealing
Devices and Rubber and Plastics
Hose and Belting.
3061, 3069........................ Fabricated Rubber Products, Not
Elsewhere Classified.
3081-3089......................... Miscellaneous Plastics Products.
3931.............................. Musical Instruments.
3942-3949......................... Dolls, Toys, Games and Sporting and
Athletic Goods.
3951-3955 (except 3952 facilities Pens, Pencils,and Other Artists'
as specified in Sector C). Materials.
3961, 3965........................ Costume Jewelry, Costume Novelties,
Buttons, and Miscellaneous Notions,
Except Precious Metal.
3991-3999......................... Miscellaneous Manufacturing
Industries.
------------------------------------------------------------------------
3411-3499......................... Fabricated Metal Products, Except
Machinery and Transportation
Equipment.
3911-3915......................... Jewelry, Silverware, and Plated
Ware.
------------------------------------------------------------------------
Sector AB: Transportation Equipment, Industrial or Commercial Machinery
------------------------------------------------------------------------
3511-3599 (except 3571-3579)...... Industrial and Commercial Machinery
(except Computer and Office
Equipment) (see Sector AC).
3711-3799 (except 3731, 3732)..... Transportation Equipment (except
Ship and Boat Building and
Repairing) (see Sector R).
------------------------------------------------------------------------
Sector AC: Electronic, Electrical, Photographic, and Optical Goods
------------------------------------------------------------------------
3571-3579......................... Computer and Office Equipment.
3612-3699......................... Electronic, Electrical Equipment and
Components, except Computer
Equipment.
3812.............................. Measuring, Analyzing and Controlling
Instrument; Photographic and
Optical Goods.
------------------------------------------------------------------------
Sector AD: Non-Classified Facilities
------------------------------------------------------------------------
N/A............................... Other storm water discharges
designated by the Director as
needing a permit (see 40 CFR
122.26(g)(1)(I)) or any facility
discharging storm water associated
with industrial activity not
described by any of Sectors A-AC.
Note: Facilities may not elect to
be covered under Sector AD. Only
the Director may assign a facility
to Sector AD.
------------------------------------------------------------------------
\1\ A complete list of SIC codes (and conversions from the newer North
American Industry Classification System (NAICS)) can be obtained from
the Internet at http://www.census.gov/epcd/www/naics.html or in paper
form from various locations in the document entitled ``Handbook of
Standard Industrial Classifications,'' Office of Management and
Budget, 1987. Industrial activity codes are provided on the Multi-
Sector General Permit Notice of Intent (NOI) application form (EPA
Form Number 3510-6).

[[Page 64807]]

1.2.1.1 Co-located Activities. If you have co-located industrial
activities on-site that are described in a sector(s) other than your
primary sector, you must comply with all other applicable sector-
specific conditions found in Part 6 for the co-located industrial
activities. The extra sector-specific requirements are applied only to
those areas of your facility where the extra-sector activities occur.
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 storm water regulations, and
identified by the MSGP-2000 SIC code list. For example, unless you are
actually hauling substantial amounts of freight or materials with your
own truck fleet or are providing a trucking service to outsiders,
simple maintenance of vehicles used at your facility is unlikely to
meet the SIC code group 42 description of a motor freight
transportation facility. Even though Sector P may not apply, the runoff
from your vehicle maintenance facility would likely still be considered
storm water associated with industrial activity. As such, your SWPPP
must still address the runoff from the vehicle maintenance facility--
although not necessarily with the same degree of detail as required by
Sector P--but you would not be required to monitor as per Sector P.
If runoff from co-located activities commingles, you must monitor
the discharge as per the requirements of all applicable sectors
(regardless of the actual location of the discharge). If you comply
with all applicable requirements from all applicable sections of Part 6
for the co-located industrial activities, the discharges from these co-
located activities are authorized by this permit.

1.2.2 Discharges Covered

1.2.2.1 Allowable Storm Water Discharges. Subject to compliance
with the terms and conditions of this permit, you are authorized to
discharge pollutants in:
1.2.2.1.1 Discharges of storm water runoff associated with
industrial activities as defined in 40 CFR 122.26 (b)(14)(i-ix and xi)
from the sectors of industry described in Table 1-1, and that are
specifically identified by outfall or discharge location in the Storm
Water Pollution Prevention Plan (see Part 4.2.2.3.7);
1.2.2.1.2 Non-storm water discharges as noted in Part 1.2.2.2 or
otherwise specifically allowed by the permit;
1.2.2.1.3 Discharges subject to an effluent guideline listed in
Table 1-2 that also meet all other eligibility requirements of the
permit. Interim coverage is also available for discharges subject to a
new storm water effluent limitation guideline promulgated after the
effective date of this permit. Discharges subject to a New Source
Performance Standard (NSPS) effluent guideline must also meet the
requirements of Part 1.2.4.;
1.2.2.1.4 Discharges designated by the Director as needing a storm
water permit under 40 CFR 122.26(a)(1)(v) or under 122.26(a)(9) and
122.26(g)(1)(i); and
1.2.2.1.5 Discharges comprised of a discharge listed in Parts
1.2.2.1.1 to 1.2.2.1.4 above commingled with a discharge authorized by
a different NPDES permit and/or a discharge that does not require NPDES
permit authorization.

Table 1-2.--Effluent Guidelines Applicable to Discharges That May Be
Eligible for Permit Coverage
------------------------------------------------------------------------
New source
performance Sectors with
Effluent guideline standards included affected
in effluent facilities
guidelines?
------------------------------------------------------------------------
Runoff from material storage Yes................ E
piles at cement manufacturing
facilities [40 CFR Part 411
Subpart C (established
February 23, 1977)].
Contaminated runoff from Yes................ C
phosphate fertilizer
manufacturing facilities [40
CFR Part 418 Subpart A
(established April 8, 1974)].
Coal pile runoff at steam Yes................ O
electric generating facilities
[40 CFR Part 423 (established
November 19, 1982)].
Discharges resulting from spray Yes................ A
down or intentional wetting of
logs at wet deck storage areas
[40 CFR Part 429, Subpart I
(established January 26,
1981)].
Mine dewatering discharges at No................. J
crushed stone mines [40 CFR
part 436, Subpart B].
Mine dewatering discharges at No................. J
construction sand and gravel
mines [40 CFR part 436,
Subpart C].
Mine dewatering discharges at No................. J
industrial sand mines [40 CFR
part 436, Subpart D].
Runoff from asphalt emulsion Yes................ D
facilities [40 CFR Part 443
Subpart A (established July
24, 1975)].
Runoff from landfills, [40 CFR Yes................ K & L
Part 445, Subpart A and B
(established February 2, 2000].
------------------------------------------------------------------------

1.2.2.2 Allowable Non-Storm Water Discharges. You are also
authorized for the following non-storm water discharges, provided the
non-storm water component of your discharge is in compliance with Part
4.4.2 (non-storm water discharges):
1.2.2.2.1 Discharges from fire fighting activities;
1.2.2.2.2 Fire hydrant flushings;
1.2.2.2.3 Potable water including water line flushings;
1.2.2.2.4 Uncontaminated air conditioning or compressor
condensate;
1.2.2.2.5 Irrigation drainage;
1.2.2.2.6 Landscape watering provided all pesticides, herbicides,
and fertilizer have been applied in accordance with manufacturer's
instructions;
1.2.2.2.7 Pavement wash waters where no detergents are used and no
spills or leaks of toxic or hazardous materials have occurred (unless
all spilled material has been removed);
1.2.2.2.8 Routine external building wash down which does not use
detergents;
1.2.2.2.9 Uncontaminated ground water or spring water;
1.2.2.2.10 Foundation or footing drains where flows are not
contaminated with process materials such as solvents;
1.2.2.2.11 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 or drains).

1.2.3 Limitations on Coverage

1.2.3.1 Prohibition on Discharges Mixed with Non-Storm Water. You
are not authorized for discharges that are mixed with sources of non-
storm water. This exclusion does not apply to discharges identified in
Part 1.2.2.2, provided the discharges are in compliance with Part 4.4.2
(Storm

[[Page 64808]]

Water Pollution Prevention Plan requirements for authorized non-storm
water discharges), and to any discharge explicitly authorized by the
permit.
1.2.3.2 Storm Water Discharges Associated with Construction
Activity. You are not authorized for storm water discharges associated
with construction activity as defined in 40 CFR 122.26(b)(14)(x) or 40
CFR 122.26(b)(15).
1.2.3.3 Discharges Currently or Previously Covered by Another
Permit. You are not authorized for the following:
1.2.3.3.1 Storm water discharges associated with industrial
activity that are currently covered under an individual permit or an
alternative general permit.
1.2.3.3.2 Discharges previously covered by an individual permit or
alternative general permit (except the 1992 ``Baseline'' or the 1995
Multi-Sector NPDES General Permits for Storm Water Discharges
Associated With Industrial Activity) that has expired, or been
terminated at the request of the permittee unless:
1.2.3.3.2.1 The individual permit did not contain numeric water
quality-based limitations developed for the storm water component of
the discharge; and
1.2.3.3.2.2 The permittee includes any specific BMPs for storm
water required under the individual permit in the SWPPP required under
Part 4 of this permit.
1.2.3.3.3 Storm water discharges associated with industrial
activity from facilities where any NPDES permit has been or is in the
process of being denied, terminated, or revoked by the Director (other
than in a replacement permit issuance process). Upon request, the
Director may waive this exclusion if operator of the facility has since
passed to a different owner/operator and new circumstances at the
facility justify a waiver.
1.2.3.4 Discharges Subject to Effluent Limitations Guidelines. You
are not authorized for discharges subject to any effluent limitation
guideline that is not included in Table 1-2. For discharges subject to
a New Source Performance Standard (NSPS) effluent guideline identified
in Table 1-2, you must comply with Part 1.2.4 prior to being eligible
for permit coverage.
1.2.3.5 Discharge Compliance with Water Quality Standards. You are
not authorized for storm water discharges that the Director determines
will cause, or have reasonable potential to cause or contribute to,
violations of water quality standards. Where such determinations have
been made, the Director may notify you that an individual permit
application is necessary in accordance with Part 9.12. However, the
Director may authorize your coverage under this permit after you have
included appropriate controls and implementation procedures designed to
bring your discharges into compliance with water quality standards in
your Storm Water Pollution Prevention Plan.
1.2.3.6 Endangered and Threatened Species or Critical Habitat
Protection. You are not authorized for discharges that do not avoid
unacceptable effects on Federally listed endangered and threatened
(``listed'') species or designated critical habitat (``critical
habitat'').

Caution: Additional endangered and threatened species have been
listed and critical habit designated since the 1995 MSGP was issued.
Even if you were previously covered by the 1995 MSGP, you must
determine eligibility for this permit through the processes
described below and in Addendum A. Where applicable, you may
incorporate information from your previous endangered species
analysis in your documentation of eligibility for this permit.

1.2.3.6.1 Coverage under this permit is available only if your
storm water discharges, allowable non-storm water discharges, and
discharge-related activities are not likely to jeopardize the continued
existence of any species that are listed as endangered or threatened
(``listed'') under the ESA or result in the adverse modification or
destruction of habitat that is designated or proposed to be designated
as critical under the ESA (``critical habitat''). Submission of a
signed NOI will be deemed to also constitute your certification of
eligibility.
1.2.3.6.2 ``Discharge-related activities'' include: activities
which cause, contribute to, or result in storm water point source
pollutant discharges; and measures to control storm water discharges
including the siting, construction and operation of best management
practices (BMPs) to control, reduce or prevent storm water pollution.
1.2.3.6.3 Determining Eligibility: You must use the most recent
Endangered and Threatened Species County-Species List available from
EPA and the process in Addendum A (ESA Screening Process) to determine
your eligibility PRIOR to submittal of your NOI. As of the effective
date of this permit, the most current version of the List is located on
the EPA Office of Water Web site at http://www.epa.gov/owm/esalst2.htm.
You must meet one or more of the criteria in 1.2.3.6.3.1 through
1.2.3.6.3.5 below for the entire term of coverage under the permit. You
must include a certification of eligibility and supporting
documentation on the eligibility determination in your Storm Water
Pollution Prevention Plan.
1.2.3.6.3.1 Criteria A: No endangered or threatened species or
critical habitat are in proximity to your facility or the point where
authorized discharges reach the receiving water; or
1.2.3.6.3.2 Criteria B: In the course of a separate federal action
involving your facility (e.g., EPA processing request for an individual
NPDES permit, issuance of a CWA Sec. 404 wetlands dredge and fill
permit, etc.), formal or informal consultation with the Fish and
Wildlife Service and/or the National Marine Fisheries Service (the
``Services'') under section 7 of the Endangered Species Act (ESA) has
been concluded and that consultation:
(a) Addressed the effects of your storm water discharges, allowable
non-storm water discharges, and discharge-related activities on listed
species and critical habitat and
(b) The consultation resulted in either a no jeopardy opinion or a
written concurrence by the Service on a finding that your storm water
discharges, allowable non-storm water discharges, and discharge-related
activities are not likely to adversely affect listed species or
critical habitat; or
1.2.3.6.3.3 Criteria C: Your activities are authorized under
section 10 of the ESA and that authorization addresses the effects of
your storm water discharges, allowable non-storm water discharges, and
discharge-related activities on listed species and critical habitat; or
1.2.3.6.3.4 Criteria D: Using best judgement, you have evaluated
the effects of your storm water discharges, allowable non-storm water
discharges, and discharge-related activities on listed endangered or
threatened species and critical habitat and do not have reason to
believe listed species or critical habitat would be adversely affected.
1.2.3.6.3.5 Criteria E: Your storm water discharges, allowable
non-storm water discharges, and discharge-related activities were
already addressed in another operator's certification of eligibility
under Part 1.2.3.6.3.1 through 1.2.3.6.3.4 which included your
facility's activities. By certifying eligibility under this Part, you
agree to comply with any measures or controls upon which the other
operator's certification was based;
1.2.3.6.4 The Director may require any permittee or applicant to
provide documentation of the permittee or applicant's determination of
eligibility for this permit using the procedures in Addendum A where
EPA or the Fish

[[Page 64809]]

and Wildlife and/or National Marine Fisheries Services determine that
there is a potential impact on endangered or threatened species or a
critical habitat.
1.2.3.6.5 You are not authorized to discharge if the discharges or
discharge-related activities cause a prohibited ``take'' of endangered
or threatened species (as defined under section 3 of the Endangered
Species Act and 50 CFR 17.3), unless such takes are authorized under
sections 7 or 10 of the Endangered Species Act.
1.2.3.6.6 You are not authorized for any discharges where the
discharges or discharge-related activities are likely to jeopardize the
continued existence of any species that are listed as endangered or
threatened under the ESA or result in the adverse modification or
destruction of habitat that is designated or proposed to be designated
as critical under the ESA.
1.2.3.6.7 The Endangered Species Act (ESA) provisions upon which
part 1.2.3.6 is based do not apply to state-issued permits. Should
administration of all or a portion of this permit be transfer to a
State as a result of that State assuming the NPDES program pursuant to
Clean Water Act Sec. 402(b), Part 1.2.3.6 will not apply to any new
NOIs submitted to the State after the State assumes administration of
the permit (unless otherwise provided in the state program
authorization agreement). Likewise, any other permit conditions based
on Part 1.2.3.6 will no longer apply to new NOIs accepted by the NPDES-
authorized state.
1.2.3.7 Storm water Discharges and Storm Water Discharge-Related
Activities with Unconsidered Adverse Effects on Historic Properties.
1.2.3.7.1 Determining Eligibility: In order to be eligible for
coverage under this permit, you must be in compliance with the National
Historic Preservation Act. Your discharges may be authorized under this
permit only if:
1.2.3.7.1.1 Criteria A: Your storm water discharges, allowable
non-storm water discharges, and discharge-related activities do not
affect a property that is listed or is eligible for listing on the
National Register of Historic Places as maintained by the Secretary of
the Interior; or
1.2.3.7.1.2 Criteria B: You have obtained and are in compliance
with a written agreement with the State Historic Preservation Officer
(SHPO) or Tribal Historic Preservation Officer (THPO) that outlines all
measures you will undertake to mitigate or prevent adverse effect to
the historic property.
1.2.3.7.2 Addendum B of this permit provides guidance and
references to assist you with determining your permit eligibility
concerning this provision.
1.2.3.8 Discharges to Water Quality-Impaired or Water Quality-
Limited Receiving Waters.
1.2.3.8.1 You are not authorized to discharge if your discharge is
prohibited under 40 CFR 122.4(i).
1.2.3.8.2 You are not authorized to discharge any pollutant into
any water for which a Total Maximum Daily Load (TMDL) has been either
established or approved by the EPA unless your discharge is consistent
with that TMDL.
1.2.3.9 Storm Water Discharges Subject to Anti-degradation Water
Quality Standards. You are not authorized for discharges that do not
comply with your State or Tribe's anti-degradation policy for water
quality standards. State and Tribal anti-degradation policies can be
obtained from the appropriate State or Tribal environmental office or
their Internet sites.

1.2.4 Discharges Subject to New Source Performance Standards
(NSPS)1 2

1.2.4.1 Documentation of New Source Review. If you have a
discharge(s) subject to a NSPS effluent guideline, you must obtain and
retain the following on site prior to the submittal of your Notice of
Intent:
---------------------------------------------------------------------------

\1\ NSPS apply only to discharges from those facilities or
installations that were constructed after the promulgation of NSPS.
For example, storm water discharges from areas where the production
of asphalt paving and roofing emulsions occurs are subject to NSPS
only if the asphalt emulsion facility was constructed after July 24,
1975.
\2\ The provisions specified in Part 1.2.2.3 and Part 1.2.4
related to documenting New Source reviews are requirements of
Federal programs under the National Environmental Policy Act of 1969
and will not apply to such facilities in the event that authority
for the NPDES program has been assumed by the State/Tribe agency and
administration of this permit has been transferred to the State/
Tribe.
---------------------------------------------------------------------------

1.2.4.1.1 Documentation from EPA of ``No Significant Impact'' or
1.2.4.1.2 A completed Environmental Impact Statement in accordance
with an environmental review conducted by EPA pursuant to 40 CFR
6.102(a)(6).
1.2.4.2 Initiating a New Source Review. If the Agency's decision
has not been obtained, you may use the format and procedures specified
in Addendum C to submit information to EPA to initiate the process of
the environmental review.
To maintain eligibility, you must implement any mitigation required
of the facility as a result of the National Environmental Policy Act
(NEPA) review process. Failure to implement mitigation measures upon
which the Agency's NEPA finding is based is grounds for termination of
permit coverage.
1.2.4.3 NEPA Requirements after State Assumption of this Permit.
The National Environmental Policy Act (NEPA) provisions upon which part
1.2.4 is based do not apply to state-issued permits. Should
administration of all or a portion of this permit be transfer to a
State as a result of that State assuming the NPDES program pursuant to
Clean Water Act Sec. 402(b), Part 1.2.4 will not apply to any new NOIs
submitted to the State after the State assumes administration of the
permit. Likewise, any other permit conditions based on Part 1.2.4 will
no longer apply to new NOIs accepted by the NPDES-authorized state.

1.3 How To Obtain Authorization Under This Permit

1.3.1 Basic Eligibility

You may be authorized under this permit only if you have a
discharge of storm water associated with industrial activity from your
facility. In order to obtain authorization under this permit, you must:
1.3.1.1 Meet the Part 1.2 eligibility requirements; and
1.3.1.2 Develop and implement a Storm Water Pollution Prevention
Plan (SWPPP) (see definition in Part 12) according to the requirements
in Part 4 of this permit.
1.3.1.3 Submit a complete Notice of Intent (NOI) in accordance
with the requirements of Part 2 of this permit. Any new operator at a
facility, including those who replace an operator who has previously
obtained permit coverage, must submit an NOI to be covered for
discharges for which they are the operator.

1.3.2 Effective Date of Permit Coverage

Unless notified by the Director to the contrary, if you submit a
correctly completed NOI in accordance with the requirements of this
permit, you are authorized to discharge under the terms and conditions
of this permit two (2) days after the date the NOI is postmarked (but
in no event, earlier than the effective date of the permit). The
Director may deny coverage under this permit and require submission of
an application for an individual NPDES permit based on a review of your
NOI or other information (see Part 9.12). Authorization to discharge is
not automatically granted two days after the NOI is mailed if your NOI
is materially incomplete (e.g., critical information left off, NOI
unsigned, etc.) or if your discharge(s) is not eligible for coverage by
the permit.

[[Page 64810]]

1.4 Terminating Coverage

1.4.1 Submitting a Notice of Termination

If you wish to terminate coverage under this permit, you must
submit a Notice of Termination (NOT) in accordance with Part 11 of this
permit. You must continue to comply with this permit until you submit
an NOT. Your authorization to discharge under the permit terminates at
midnight of the day the NOT is signed.

1.4.2 When to Submit an NOT

You must submit an NOT within thirty (30) days after one or more of
the following conditions have been met:
1.4.2.1 A new owner/operator has assumed responsibility for the
facility
1.4.2.2 You have ceased operations at the facility and there no
longer are discharges of storm water associated with industrial
activity from the facility and you have already implemented necessary
sediment and erosion controls as required by Part 4.2.7.2.2.1

1.4.3 Discharges After the NOT Is Submitted

Enforcement actions may be taken if you submit an NOT without
meeting one or more of these conditions, unless you have obtained
coverage under an alternate permit or have satisfied the requirements
of Part 1.5.

1.5 Conditional Exclusion for No Exposure

If you are covered by this permit, but later are able to file a
``no exposure'' certification to be excluded from permitting under 40
CFR 122.26(g), you are no longer authorized by nor required to comply
with this permit. If you are no longer required to have permit coverage
due to a ``no exposure'' exclusion, you are not required to submit a
Notice of Termination.

2. Notice of Intent Requirements

2.1 Notice of Intent (NOI) Deadlines

Your NOI must be submitted in accordance with the deadlines in
Table 2-1. You must meet all applicable eligibility conditions of Part
1.2 before you submit your NOI.

Table 2.-1--Deadlines for NOI Submittal
------------------------------------------------------------------------
Category Deadline
------------------------------------------------------------------------
1. Existing discharges covered under the December 29, 2000.
1995 MSGP (see also Part 2.1.2--Interim
Coverage).
2. New discharges......................... Two (2) days prior to
commencing operation of the
facility with discharges of
storm water associated with
industrial activity.
3. New owner/operator of existing Two (2) days prior to taking
discharges. operational control of the
facility.
4. Continued coverage when the permit See Part 9.2
expires in 2005.
------------------------------------------------------------------------

Only one NOI need be submitted to cover all of your activities at
the facility (e.g., you do not need to submit a separate NOI for each
separate type of industrial activity located at a facility or
industrial complex, provided your SWPPP covers each area for which you
are an operator).

2.1.1 Submitting a Late NOI

You are not prohibited from submitting an NOI after the dates
provided in Table 2-1. If a late NOI is submitted, your authorization
is only for discharges that occur after permit coverage is granted. The
Agency reserves the right to take appropriate enforcement actions for
any unpermitted discharges.

2.1.2 Interim Permit Coverage for 1995 MSGP Permittees

If you had coverage for your facility under the 1995 MSGP, you may
be eligible for continued coverage under this permit on an interim
basis.
2.1.2.1 Discharges Authorized Under the 1995 MSGP. If permit
coverage for your facility under the 1995 MSGP was effective as of the
date the 1995 MSGP expired (or the date this permit replaced the 1995
MSGP if earlier), your authorization is automatically continued into
this replacement permit on an interim basis for up to ninety (90) days
from the effective date of the permit. Interim coverage will terminate
earlier than the 90 days when an NOI has been submitted and coverage
either granted or denied; or after submittal of an NOT.
2.1.2.2 Discharges Authorized Under the 1995 MSGP, But Not Clearly
Eligible for Coverage Under This Permit. If you were previously covered
by the 1995 MSGP, but cannot meet (or cannot immediately determine if
you meet) the eligibility requirements of this permit, you may
nonetheless be authorized under this permit for a period not to exceed
270 days from the date this permit is published in the Federal
Register, provided you submit an application for an alternative permit
within 90 days from the permit publication date.
2.1.2.3 Interim Coverage Permit Requirements. While you are
operating under interim coverage status, you must:
2.1.2.3.1 Submit a complete NOI (see Part 2.2) by the deadlines
listed in Table 2-1 or Part 2.1.2.2 above.
2.1.2.3.2 Comply with the terms and conditions of the 1995 MSGP.
2.1.2.3.3 Update your Storm Water Pollution Prevention Plan to
comply with the requirements of this permit within 90 days after the
effective date of this permit.

2.2 Contents of Notice of Intent (NOI)

Your NOI for coverage under this permit must include the following
information:

2.2.1 Permit Selection

2.2.1.1 If you were covered under the previous MSGP, provide the
permit number assigned to your facility.

2.2.2 Owner/Operator Information

2.2.2.1 The name, address, and telephone number of the operator
(e.g., your company, etc.) filing the NOI for permit coverage;

2.2.3 Facility Information

2.2.3.1 The name (or other identifier), address, county, and
latitude/longitude of the facility for which the NOI is submitted;
2.2.3.2 An indication of whether you are a Federal, State, Tribal,
private, or other public entity;
2.2.3.3 An indication of whether the facility is located on Indian
country lands;
2.2.3.4 Certification that a Storm Water Pollution Prevention Plan
(SWPPP) meeting the requirements of Part 4 has been developed
(including attaching a copy of this permit to the plan;
2.2.3.5 The name of the receiving water(s);
2.2.3.6 The name of the municipal operator if the discharge is
through a municipal separate storm sewer system, unless you are the
owner/operator of that municipal separate storm sewer system;
2.2.3.7 Identification of applicable sector(s) in this permit, as
designated in Table 1-1, that cover the discharges associated with
industrial activity you wish to cover under this permit;
2.2.3.8 Up to four 4-digit Standard Industrial Classification
(SIC) codes or

[[Page 64811]]

the 2-letter Activity Codes for hazardous waste treatment, storage, or
disposal activities (HZ); land/disposal facilities that receive or have
received any industrial waste (LF); steam electric power generating
facilities (SE); or treatment works treating domestic sewage (TW) that
best represent the principal products produced or services rendered by
your facility and major co-located activities;

2.2.4 Eligibility Screening

2.2.4.1 Based on the instructions in Addendum A, whether any
listed or proposed threatened or endangered species, or designated
critical habitat, are in proximity to the storm water discharges or
storm water discharge-related activities to be covered by this permit;
2.2.4.2 Whether any historic property listed or eligible for
listing on the National Register of Historic Places is located on the
facility or in proximity to the discharge;
2.2.4.3 A signed and dated certification, signed by a authorized
representative of your facility and maintained with your SWPPP, as
detailed in Part 9.7 that certifies the following:

``I certify under penalty of law that I have read and understand
the Part 1.2 eligibility requirements for coverage under the multi-
sector storm water general permit including those requirements
relating to the protection of endangered or threatened species or
critical habitat. To the best of my knowledge, the storm water and
allowable non-storm discharges authorized by this permit (and
discharged related activities), pose no jeopardy to endangered or
threatened species or critical habitat, or are otherwise eligible
for coverage under Part 1.2.3.6 of the permit. To the best of my
knowledge, I further certify that such discharges and discharge
related activities do not have an effect on properties listed or
eligible for listing on the National Register or Historic Places
under the National Historic Preservation Act, or are otherwise
eligible for coverage under Part 1.2.3.7 of the permit. I understand
that continued coverage under the multi-sector storm water general
permit is contingent upon maintaining eligibility as provided for in
Part 1.2''

2.3 Use of NOI Form

You must submit the information required under Part 2.2 on the
latest version of the NOI form (or photocopy thereof) contained in
Addendum D. Your NOI must be signed and dated in accordance with Part
9.7 of this permit.

Note: If EPA notifies dischargers (either directly, by public
notice, or by making information available on the Internet) of other
NOI form options that become available at a later date (e.g.,
electronic submission of forms), you may take advantage of those
options to satisfy the NOI use and submittal requirements of Part 2.

2.4 Where To Submit

Your NOI must be signed in accordance with Part 9.7 of this permit
and submitted to the Director of the NPDES Permitting Program at the
following address: Storm Water Notice of Intent (4203), US EPA, 1200
Pennsylvania Avenue NW, Washington, DC 20460.

2.5 Additional Notification

If your facility discharges through a large or medium municipal
separate storm sewer system (MS4), or into a MS4 that has been
designated by the permitting authority, you must also submit a signed
copy of the NOI to the operator of that MS4 upon request by the MS4
operator.

3. Special Conditions

3.1 Hazardous Substances or Oil

You must prevent or minimize the discharge of hazardous substances
or oil in your discharge(s) in accordance with the Storm Water
Pollution Prevention Plan for your facility. 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.

3.1.1 Single Releases and Spills

Where a release containing a hazardous substance or oil in an
amount equal to or in excess of a reportable quantity established under
either 40 CFR 110, 40 CFR 117 or 40 CFR 302, occurs during a 24 hour
period:
3.1.1.1 You must notify the National Response Center (NRC) (800-
424-8802; in the Washington, DC, metropolitan area call 202-426-2675)
in accordance with the requirements of 40 CFR 110, 40 CFR 117 and 40
CFR 302 as soon as he or she has knowledge of the discharge;
3.1.1.2 You must modify your Storm Water Pollution Prevention Plan
required under Part 4 within 14 calendar days of knowledge of the
release to: provide a description of the release, the circumstances
leading to the release, and the date of the release. In addition, you
must review your plan to identify measures to prevent the reoccurrence
of such releases and to respond to such releases, and you must modify
your plan where appropriate.

3.1.2 Anticipated Discharges

Anticipated discharges containing a hazardous substance in an
amount equal to or in excess of reporting quantities are those caused
by events occurring within the scope of the relevant operating system.
If your facilities has (or will have) more than one anticipated
discharge per year containing a hazardous substance in an amount equal
to or in excess of a reportable quantity, you must:
3.1.2.1 Submit notifications of the first release that occurs
during a calendar year (or for the first year of this permit, after
submittal of an NOI); and
3.1.2.2 Provide a written description in the SWPPP of the dates on
which such releases occurred, the type and estimate of the amount of
material released, and the circumstances leading to the releases. In
addition, your SWPPP must address measures to minimize such releases.
3.1.2.3 Where a discharge of a hazardous substance or oil in
excess of reporting quantities is caused by a non-storm water discharge
(e.g., a spill of oil into a separate storm sewer), that discharge is
not authorized by the MSGP and you must report the discharge as
required under 40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302
(see Part 3.1.1. above). In the event of a spill, the requirements of
Section 311 of the CWA and other applicable provisions of Sections 301
and 402 of the CWA continue to apply.

3.2 Additional Requirements for Salt Storage

If you have storage piles of salt used for deicing or other
commercial or industrial purposes, they must be enclosed or covered to
prevent exposure to precipitation (except for exposure resulting from
adding or removing materials from the pile). Piles do not need to be
enclosed or covered where storm water from the pile is not discharged
to waters of the United States or the discharges from the piles are
authorized under another permit.

3.3 Discharge Compliance With Water Quality Standards

Your discharges must not be causing or have the reasonable
potential to cause or contribute to a violation of a water quality
standard. Where a discharge is already authorized under this permit and
is later determined to cause or have the reasonable potential to cause
or contribute to the violation of an applicable water quality standard,
the Director will notify you of such violation(s). You must take all
necessary actions to ensure future discharges do not cause or
contribute to the violation of a water quality standard and document
these actions in the Storm Water Pollution Prevention Plan. If
violations remain or re-occur, then coverage under this permit may be
terminated by the Director, and an alternative general permit or
individual permit may be issued. Compliance with

[[Page 64812]]

this requirement does not preclude any enforcement activity as provided
by the Clean Water Act for the underlying violation.

4. Storm Water Pollution Prevention Plans

4.1 Storm Water Pollution Prevention Plan Requirements

You must prepare a Storm Water Pollution Prevention Plan (SWPPP)
for your facility before submitting your Notice of Intent for permit
coverage. Your SWPPP must be prepared in accordance with good
engineering practices. Use of a registered professional engineer for
SWPPP preparation is not required by the permit, but may be
independently required under state law and/or local ordinance. Your
SWPPP must:
4.1.1 Identify potential sources of pollution which may reasonably
be expected to affect the quality of storm water discharges from your
facility;
4.1.2 Describe and ensure implementation of practices which you
will use to reduce the pollutants in storm water discharges from the
facility; and
4.1.3 assure compliance with the terms and conditions of this
permit.

Note: At larger installations such as military bases where there
are well-defined industrial versus non-industrial areas, the SWPPP
required under this Part need only address those areas with
discharges of storm water associated with industrial activity.
(e.g., under this permit, a U.S. Air Force Base would need to
address the vehicle maintenance areas associated with the
``airport'' portion of the base in the SWPPP, but would not need to
address a car wash that served only the on-base housing areas.)

4.2 Contents of Plan

4.24.2.1 Pollution Prevention Team

You must identify the staff individual(s) (by name or title) that
comprise the facility's storm water Pollution Prevention Team. Your
Pollution Prevention Team is responsible for assisting the facility/
plant manager in developing, implementing, maintaining and revising the
facility's SWPPP. Responsibilities of each staff individual on the team
must be listed.

4.2.2 Site Description

Your SWPPP must include the following:
4.2.2.1 Activities at Facility. description of the nature of the
industrial activity(ies) at your facility;
4.2.2.2 General Location Map. a general location map (e.g.,
U.S.G.S. quadrangle, or other map) with enough detail to identify the
location of your facility and the receiving waters within one mile of
the facility;
4.2.2.3 A legible site map identifying the following:
4.2.2.3.1 Directions of storm water flow (e.g, use arrows to show
which ways storm water will flow);
4.2.2.3.2 Locations of all existing structural BMPs;
4.2.2.3.3 Locations of all surface water bodies;
4.2.2.3.4 Locations of potential pollutant sources identified
under 4.2.4 and where significant materials are exposed to
precipitation;
4.2.2.3.5 Locations where major spills or leaks identified under
4.2.5 have occurred;
4.2.2.3.6 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, and
liquid storage tanks;
4.2.2.3.7 Locations of storm water outfalls and an approximate
outline of the area draining to each outfall;
4.2.2.3.8 Location and description of non-storm water discharges;
4.2.2.3.9 Locations of the following activities where such
activities are exposed to precipitation: processing and storage areas;
access roads, rail cars and tracks; the location of transfer of
substance in bulk; and machinery;
4.2.2.3.10 Location and source of runoff from adjacent property
containing significant quantities of pollutants of concern to the
facility (an evaluation of how the quality of the storm water running
onto your facility impacts your storm water discharges may be
included).

4.2.3 Receiving Waters and Wetlands

You must provide the name of the nearest receiving water(s),
including intermittent streams, dry sloughs, arroyos and the areal
extent and description of wetland or other ``special aquatic sites ``
(see Part 12 for definition) that may receive discharges from your
facility.

4.2.4 Summary of Potential Pollutant Sources

You must identify each separate area at your facility where
industrial materials or activities are exposed to storm water.
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. For each,
separate area identified, the description must include:
4.2.4.1 Activities in Area. A list of the activities (e.g.,
material storage, equipment fueling and cleaning, cutting steel beams);
and
4.2.4.2 Pollutants. A list of the associated pollutant(s) or
pollutant parameter(s) (e.g., crankcase oil, iron, biochemical oxygen
demand, pH, etc.) for each activity. The pollutant list must include
all significant materials that have been handled, treated, stored or
disposed in a manner to allow exposure to storm water between the time
of three (3) years before being covered under this permit and the
present.

4.2.5 Spills and Leaks

You must clearly identify areas where potential spills and leaks,
which can contribute pollutants to storm water discharges, can occur,
and their accompanying drainage points. For areas that are exposed to
precipitation or that otherwise drain to a storm water conveyance at
the facility to be covered under this permit, you must provide a list
of significant spills and leaks of toxic or hazardous pollutants that
occurred during the three (3) year period prior to the date of the
submission of a Notice of Intent (NOI) . Your list must be updated if
significant spills or leaks occur in exposed areas of your facility
during the time you are covered by the permit.
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 Sec. 311 (see 40 CFR 110.10 and 40 CFR 117.21)
or section 102 of the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA). Significant spills may also
include releases of oil or hazardous substances that are not in excess
of reporting requirements.

4.2.6 Sampling Data

You must provide a summary of existing storm water discharge
sampling data taken at your facility. All storm water sampling data
collected during the term of this permit must also be summarized and
included in this part of the SWPPP.

4.2.7 Storm Water Controls

4.2.7.1 Description of Existing and Planned BMPs. Describe the
type and location of existing non-structural and structural best
management practices (BMPs) selected for each of the areas where
industrial materials or activities

[[Page 64813]]

are exposed to storm water. All the areas identified in Part 4.2.4
should have a BMP(s) identified for the area's discharges. For areas
where BMPs are not currently in place, describe appropriate BMPs that
you will use to control pollutants in storm water discharges. Selection
of BMPs should take into consideration:
4.2.7.1.1 The quantity and nature of the pollutants, and their
potential to impact the water quality of receiving waters;
4.2.7.1.2 Opportunities to combine the dual purposes of water
quality protection and local flood control benefits (including physical
impacts of high flows on streams--e.g., bank erosion, impairment of
aquatic habitat, etc.);
4.2.7.1.3 Opportunities to offset the impact of impervious areas
of the facility on ground water recharge and base flows in local
streams (taking into account the potential for ground water
contamination--See ``User's Guide to the MSGP-2000'' section on
groundwater considerations).
4.2.7.2 BMP Types to be Considered. The following types of
structural, non-structural and other BMPs must be considered for
implementation at your facility. Describe how each is, or will be,
implemented. This requirement may have been fulfilled with the area-
specific BMPs identified under Part 4.2.7.2, in which case the previous
description is sufficient. However, many of the following BMPs may be
more generalized or non site-specific and therefore not previously
considered. If you determine that any of these BMPs are not appropriate
for your facility, you must include an explanation of why they are not
appropriate. The BMP examples listed below are not intended to be an
exclusive list of BMPs that you may use. You are encouraged to keep
abreast of new BMPs or new applications of existing BMPs to find the
most cost effective means of permit compliance for your facility. If
BMPs are being used or planned at the facility which are not listed
here (e.g., replacing a chemical with a less toxic alternative,
adopting a new or innovative BMP, etc.), include descriptions of them
in this section of the SWPPP.
4.2.7.2.1 Non-Structural BMPs.
4.2.7.2.1.1 Good Housekeeping: You must keep all exposed areas of
the facility in a clean, orderly manner where such exposed areas could
contribute pollutants to storm water discharges. Common problem areas
include: around trash containers, storage areas and loading docks.
Measures must also include: a schedule for regular pickup and disposal
of garbage and waste materials; routine inspections for leaks and
conditions of drums, tanks and containers.
4.2.7.2.1.2 Minimizing Exposure: Where practicable, industrial
materials and activities should be protected by a storm resistant
shelter to prevent exposure to rain, snow, snowmelt, or runoff.

Note: Eliminating exposure at all industrial areas may make the
facility eligible for the 40 CFR 122.26(g) ``No Exposure'' exclusion
from needing to have a permit.

4.2.7.2.1.3 Preventive Maintenance: You must have a preventive
maintenance program which includes timely inspection and maintenance of
storm water management devices, (e.g., cleaning oil/water separators,
catch basins) as well as inspecting, testing, maintaining and repairing
facility equipment and systems to avoid breakdowns or failures that may
result in discharges of pollutants to surface waters.
4.2.7.2.1.4 Spill Prevention and Response Procedures: You must
describe the procedures which will be followed for cleaning up spills
or leaks. Those procedures, and necessary spill response equipment,
must be made available to those employees that may cause or detect a
spill or leak. Where appropriate, you must explain existing or planned
material handling procedures, storage requirements, secondary
containment, and equipment (e.g., diversion valves), which are intended
to minimize spills or leaks at the facility. Measures for cleaning up
hazardous material spills or leaks must be consistent with applicable
RCRA regulations at 40 CFR Part 264 and 40 CFR Part 265.
4.2.7.2.1.5 Routine Facility Inspections: In addition to or as
part of the comprehensive site evaluation required under Part 4.9, you
must have qualified facility personnel inspect all areas of the
facility where industrial materials or activities are exposed to storm
water. The inspections must include an evaluation of existing storm
water BMPs. Your SWPPP must identify how often these inspections will
be conducted. You must correct any deficiencies in implementation of
your SWP3 you find as soon as practicable, but not later than within 14
days of the inspection. You must document in your SWPPP the results of
your inspections and the corrective actions you took in response to any
deficiencies or opportunities for improvement that you identify.
4.2.7.2.1.6 Employee Training: You must describe the storm water
employee training program for the facility. The description should
include the topics to be covered, such as spill response, good
housekeeping and material management practices, and must identify
periodic dates (e.g., every 6 months during the months of July and
January) for such training. You must provide employee training for all
employees that work in areas where industrial materials or activities
are exposed to storm water, and for employees that are responsible for
implementing activities identified in the SWPPP (e.g., inspectors,
maintenance people). The employee training should inform them of the
components and goals of your SWPPP.
4.2.7.2.2 Structural BMPs.
4.2.7.2.2.1 Sediment and Erosion Control: You must identify the
areas at your facility which, due to topography, land disturbance
(e.g., construction), or other factors, have a potential for
significant soil erosion. You must describe the structural, vegetative,
and/or stabilization BMPs that you will be implementing to limit
erosion.
4.2.7.2.2.2 Management of Runoff: You must describe the
traditional storm water management practices (permanent structural BMPs
other than those which control the generation or source(s) of
pollutants) that currently exist or that are planned for your facility.
These types of BMPs typically are used to divert, infiltrate, reuse, or
otherwise reduce pollutants in storm water discharges from the site.
All BMPs that you determine are reasonable and appropriate, or are
required by a State or local authority; or are necessary to maintain
eligibility for the permit (see Part 1.2.3--Limitations on Coverage)
must be implemented and maintained. Factors to consider when you are
selecting appropriate BMPs should include: (1) The industrial materials
and activities that are exposed to storm water, and the associated
pollutant potential of those materials and activities; and (2) the
beneficial and potential detrimental effects on surface water quality,
ground water quality, receiving water base flow (dry weather stream
flow), and physical integrity of receiving waters. (See ``User's Guide
to the MSGP-2000'' for Considerations in Selection of BMPs) Structural
measures should be placed on upland soils, avoiding wetlands and
floodplains, if possible. Structural BMPs may require a separate permit
under section 404 of the CWA before installation begins.
4.2.7.2.2.3 Example BMPs: BMPs you could use include but are not
limited to: storm water detention structures (including wet ponds);
storm water retention structures; flow attenuation by use of open
vegetated swales and natural depressions;

[[Page 64814]]

infiltration of runoff onsite; and sequential systems (which combine
several practices).
4.2.7.2.3 Other Controls. No solid materials, including floatable
debris, may be discharged to waters of the United States, except as
authorized by a permit issued under section 404 of the CWA. Off-site
vehicle tracking of raw, final, or waste materials or sediments, and
the generation of dust must be minimized. Tracking or blowing of raw,
final, or waste materials from areas of no exposure to exposed areas
must be minimized. Velocity dissipation devices must be placed at
discharge locations and along the length of any outfall channel if they
are necessary to provide a non-erosive flow velocity from the structure
to a water course.

4.3 Maintenance

All BMPs you identify in your SWPPP must be maintained in effective
operating condition. If site inspections required by Part 4.9 identify
BMPs that are not operating effectively, maintenance must be performed
before the next anticipated storm event, or as necessary to maintain
the continued effectiveness of storm water controls. If maintenance
prior to the next anticipated storm event is impracticable, maintenance
must be scheduled and accomplished as soon as practicable. In the case
of non-structural BMPs, the effectiveness of the BMP must be maintained
by appropriate means (e.g., spill response supplies available and
personnel trained, etc.).

4.4 Non-Storm Water Discharges

4.4.1 Certification of Non-Storm Water Discharges

4.4.1.1 Your SWPPP must include a certification that all
discharges (i.e., outfalls) have been tested or evaluated for the
presence of non-storm water. The certification must be signed in
accordance with Part 9.7 of this permit, and include:
4.4.1.1.1 The date of any testing and/or evaluation;
4.4.1.1.2 Identification of potential significant sources of non-
storm water at the site;
4.4.1.1.3 A description of the results of any test and/or
evaluation for the presence of non-storm water discharges;
4.4.1.1.4 A description of the evaluation criteria or testing
method used; and
4.4.1.1.5 A list of the outfalls or onsite drainage points that
were directly observed during the test.
4.4.1.2 You do not need to sign a new certification if one was
already completed for either the 1992 baseline Industrial General
Permit or the 1995 Multi-sector General Permit and you have no reason
to believe conditions at the facility have changed.
4.4.1.3 If you are unable to provide the certification required
(testing for non-storm water discharges), you must notify the Director
180 days after submitting an NOI to be covered by this permit. If the
failure to certify is caused by the inability to perform adequate tests
or evaluations, such notification must describe:
4.4.1.3.1 Reason(s) why certification was not possible;
4.4.1.3.2 The procedure of any test attempted;
4.4.1.3.3 The results of such test or other relevant observations;
and
4.4.1.3.4 Potential sources of non-storm water discharges to the
storm sewer.
4.4.1.4 A Copy of the notification must be included in the SWPPP
at the facility. Non-storm water discharges to waters of the United
States which are not authorized by an NPDES permit are unlawful, and
must be terminated.

4.4.2 Allowable Non-Storm Water Discharges

4.4.2.1 Certain sources of non-storm water are allowable under
this permit (see 1.2.2.2--Allowable Non-Storm Water Discharges). In
order for these discharges to be allowed, your SWPPP must include:
4.4.2.1.1 Identification of each allowable non-storm water source;
4.4.2.1.2 The location where it is likely to be discharged; and
4.4.2.1.3 Descriptions of appropriate BMPs for each source.
4.4.2.2 Except for flows from fire fighting activities, you must
identify in your SWPPP all sources of allowable non-storm water that
are discharged under the authority of this permit.
4.4.2.3 If you include mist blown from cooling towers amongst your
allowable non-storm water discharges, you must specifically evaluate
the potential for the discharges to be contaminated by chemicals used
in the cooling tower and determined that the levels of such chemicals
in the discharges would not cause or contribute to a violation of an
applicable water quality standard after implementation of the BMPs you
have selected to control such discharges.

4.5 Documentation of Permit Eligibility Related to Endangered
Species

Your SWPPP must include documentation supporting your determination
of permit eligibility with regard to Part 1.2.3.6 (Endangered Species),
including:
4.5.1 Information on whether listed endangered or threatened
species, or critical habitat, are found in proximity to your facility;
4.5.2 Whether such species may be affected by your storm water
discharges or storm water discharge-related activities;
4.5.3 Results of your Addendum A endangered species screening
determinations; and
4.5.4 A description of measures necessary to protect listed
endangered or threatened species, or critical habitat, including any
terms or conditions that are imposed under the eligibility requirements
of Part 1.2.3.6. If you fail to describe and implement such measures,
your discharges are ineligible for coverage under this permit.

4.6 Documentation of Permit Eligibility Related to Historic Places

Your SWPPP must include documentation supporting your determination
of permit eligibility with regard to Part 1.2.3.7 (Historic Places),
including:
4.6.1 Information on whether your storm water discharges or storm
water discharge-related activities would have an effect on a property
that is listed or eligible for listing on the National Register of
Historic Places;
4.6.2 Where effects may occur, any written agreements you have
made with the State Historic Preservation Officer, Tribal Historic
Preservation Officer, or other Tribal leader to mitigate those effects;
4.6.3 Results of your Addendum B historic places screening
determinations; and
4.6.4 Description of measures necessary to avoid or minimize
adverse impacts on places listed, or eligible for listing, on the
National Register of Historic Places, including any terms or conditions
that are imposed under the eligibility requirements of Part 1.2.3.7 of
this permit. If you fail to describe and implement such measures, your
discharges are ineligible for coverage under this permit.

4.7 Copy of Permit Requirements

You must include a copy of this permit in your SWPPP.

Note: The confirmation of coverage letter you receive from the
NOI Processing Center assigning your permit number IS NOT your
permit--it merely acknowledges that your NOI has been accepted and
you have been authorized to discharge subject to the terms and
conditions of today's permit.

4.8 Applicable State, Tribal or Local Plans

Your SWPPP must be consistent (and updated as necessary to remain

[[Page 64815]]

consistent) with applicable State, Tribal and/or local storm water,
waste disposal, sanitary sewer or septic system regulations to the
extent these apply to your facility and are more stringent than the
requirements of this permit.

4.9 Comprehensive Site Compliance Evaluation

4.9.1 Frequency and Inspectors

You must conduct facility inspections at least once a year. The
inspections must be done by qualified personnel provided by you. The
qualified personnel you use may be either your own employees or outside
consultants that you have hired, provided they are knowledgeable and
possess the skills to assess conditions at your facility that could
impact storm water quality and assess the effectiveness of the BMPs you
have chosen to use to control the quality of your storm water
discharges. If you decide to conduct more frequent inspections, your
SWPPP must specify the frequency of inspections.

4.9.2 Scope of the Compliance Evaluation

Your inspections must include all areas where industrial materials
or activities are exposed to storm water, as identified in 4.2.4, and
areas where spills and leaks have occurred within the past 3 years.
Inspectors should look for: (a) Industrial materials, residue or trash
on the ground that could contaminate or be washed away in storm water;
(b) leaks or spills from industrial equipment, drums, barrels, tanks or
similar containers; (c) offsite tracking of industrial materials or
sediment where vehicles enter or exit the site; (d) tracking or blowing
of raw, final, or waste materials from areas of no exposure to exposed
areas and (e) for evidence of, or the potential for, pollutants
entering the drainage system. Results of both visual and any analytical
monitoring done during the year must be taken into consideration during
the evaluation. Storm water BMPs identified in your SWPPP must be
observed to ensure that they are operating correctly. Where discharge
locations or points are accessible, they must be inspected to see
whether BMPs are effective in preventing significant impacts to
receiving waters. Where discharge locations are inaccessible, nearby
downstream locations must be inspected if possible.

4.9.3 Follow-Up Actions

Based on the results of the inspection, you must modify your SWPPP
as necessary (e.g., show additional controls on map required by Part
4.2.2.3; revise description of controls required by Part 4.2.7 to
include additional or modified BMPs designed to correct problems
identified. You must complete revisions to the SWPPP within 14 calendar
days following the inspection. If existing BMPs need to be modified or
if additional BMPs are necessary, implementation must be completed
before the next anticipated storm event, if practicable, but not more
than twelve (12) weeks after completion of the comprehensive site
evaluation.

4.9.4 Compliance Evaluation Report

You must insure a report summarizing the scope of the inspection,
name(s) of personnel making the inspection, the date(s) of the
inspection, and major observations relating to the implementation of
the SWPPP is completed and retained as part of the SWPPP for at least
three years from the date permit coverage expires or is terminated.
Major observations should include: the location(s) of discharges of
pollutants from the site; location(s) of BMPs that need to be
maintained; location(s) of BMPs that failed to operate as designed or
proved inadequate for a particular location; and location(s) where
additional BMPs are needed that did not exist at the time of
inspection. You must retain a record of actions taken in accordance
with Part 4.9 of this permit as part of the Storm Water Pollution
Prevention Plan for at least three years from the date that permit
coverage expires or is terminated. The inspection reports must identify
any incidents of non-compliance. Where an inspection report does not
identify any incidents of non-compliance, the report must contain a
certification that the facility is in compliance with the Storm Water
Pollution Prevention Plan and this permit. Both the inspection report
and any reports of follow-up actions must be signed in accordance with
Part 9.7 (reporting) of this permit.

4.9.5 Credit As a Routine Facility Inspection

Where compliance evaluation schedules overlap with inspections
required under Part 4.2.7.2.1.5, your annual compliance evaluation may
also be used as one of the Part 4.2.7.5 routine inspections.

4.10 Maintaining Updated SWPPP

You must amend the Storm Water Pollution Prevention Plan whenever:
4.10.1 there is a change in design, construction, operation, or
maintenance at your facility which has a significant effect on the
discharge, or potential for discharge, of pollutants from your
facility;
4.10.2 During inspections, monitoring, or investigations by you or
by local, State, Tribal or Federal officials it is determined the SWPPP
is ineffective in eliminating or significantly minimizing pollutants
from sources identified under 4.2.4, or is otherwise not achieving the
general objectives of controlling pollutants in discharges from your
facility.

4.11 Signature, Plan Review and Making Plans Available

4.11.1 You must sign your SWPPP in accordance with Part 9.7, and
retain the plan on-site at the facility covered by this permit (see
Part 8 for records retention requirements).
4.11.2 You must keep a copy of the SWPPP on-site or locally
available to the Director for review at the time of an on-site
inspection. You must make your SWPPP available upon request to the
Director, a State, Tribal or local agency approving storm water
management plans, or the operator of a municipal separate storm sewer
receiving discharge from the site. Also, in the interest of the
public's right to know, you must provide a copy of your SWPPP to the
public if requested in writing to do so.
4.11.3 The Director may notify you at any time that your SWPPP
does not meet one or more of the minimum requirements of this permit.
The notification will identify provisions of this permit which are not
being met, as well as the required modifications. Within thirty (30)
calendar days of receipt of such notification, you must make the
required changes to the SWPPP and submit to the Director a written
certification that the requested changes have been made.
4.11.4 You must make the SWPPP available to the USFWS or NMFS upon
request.

4.12 Additional Requirements for Storm Water Discharges Associated
With Industrial Activity From Facilities Subject to EPCRA Section
313 Reporting Requirements

Potential pollutant sources for which you have reporting
requirements under EPCRA 313 must be identified in your summary of
potential pollutant sources as per Part 4.2.4. Note this additional
requirement only applies to you if you are subject to reporting
requirements under EPCRA 313.

5. Monitoring Requirements and Numeric Limitations

There are five individual and separate categories of monitoring
requirements and numeric limitations that your facility may be subject
to under this

[[Page 64816]]

permit. The monitoring requirements and numeric limitations applicable
to your facility depend on a number of factors, including: (1) The
types of industrial activities generating storm water runoff from your
facility, and (2) the state or tribe where your facility is located.
Part 6 identifies monitoring requirements applicable to specific
sectors of industrial activity. Part 13 contains additional
requirements that apply only to facilities located in a particular
State or Indian country land. You must review Parts 5, 6 and 13 of the
permit to determine which monitoring requirements and numeric
limitations apply to your facility. Unless otherwise specified,
limitations and monitoring requirements under Parts 5, 6, and 13 are
additive.
Sector-specific monitoring requirements and limitations are applied
discharge by discharge at facilities with co-located activities. Where
storm water from the co-located activities are co-mingled, the
monitoring requirements and limitations are additive. Where more than
one numeric limitation for a specific parameter applies to a discharge,
compliance with the more restrictive limitation is required. Where
monitoring requirements for a monitoring quarter overlap (e.g., need to
monitor TSS 1/year for a limit and also 1/quarter for benchmark
monitoring), you may use a single sample to satisfy both monitoring
requirements.

5.1 Types of Monitoring Requirements and Limitations

5.1.1 Quarterly Visual Monitoring

The requirements and procedures for quarterly visual monitoring are
applicable to all facilities covered under this permit, regardless of
your facility's sector of industrial activity.
5.1.1.1 You must perform and document a quarterly visual
examination of a storm water discharge associated with industrial
activity from each outfall, except discharges exempted below. The
visual examination must be made during daylight hours (e.g., normal
working hours). If no storm event resulted in runoff from the facility
during a monitoring quarter, you are excused from visual monitoring for
that quarter provided you document in your monitoring records that no
runoff occurred. You must sign and certify the documentation in
accordance with Part 9.7.
5.1.1.2 Your visual examinations must be made of samples collected
within the first 30 minutes (or as soon thereafter as practical, but
not to exceed 1 hour) of when the runoff or snowmelt begins discharging
from your facility. The examination must document observations of
color, odor, clarity, floating solids, settled solids, suspended
solids, foam, oil sheen, and other obvious indicators of storm water
pollution. The examination must be conducted in a well lit area. No
analytical tests are required to be performed on the samples. All such
samples must be collected from the discharge resulting from a storm
event that is greater than 0.1 inches in magnitude and that occurs at
least 72 hours from the previously measurable (greater than 0.1 inch
rainfall) storm event. The 72-hour storm interval is waived when the
preceding measurable storm did not yield a measurable discharge, or if
you are able to document that less than a 72-hour interval is
representative for local storm events during the sampling period. Where
practicable, the same individual should carry out the collection and
examination of discharges for the entire permit term. If no qualifying
storm event resulted in runoff from the facility during a monitoring
quarter, you are excused from visual monitoring for that quarter
provided you document in your monitoring records that no qualifying
storm event occurred that resulted in storm water runoff during that
quarter. You must sign and certify the documentation in accordance with
Part 9.7.
5.1.1.3 You must maintain your visual examination reports onsite
with the Storm Water Pollution Prevention Plan. The report must include
the examination date and time, examination personnel, the nature of the
discharge (i.e., runoff or snow melt), visual quality of the storm
water discharge (including observations of color, odor, clarity,
floating solids, settled solids, suspended solids, foam, oil sheen, and
other obvious indicators of storm water pollution), and probable
sources of any observed storm water contamination.
5.1.1.4 Inactive and Unstaffed Sites: When you are unable to
conduct visual storm water examinations at an inactive and unstaffed
site, you may exercise a waiver of the monitoring requirement as long
as the facility remains inactive and unstaffed. If you exercise this
waiver, you must maintain a certification with the Storm Water
Pollution Prevention Plan stating that the site is inactive and
unstaffed and that performing visual examinations during a qualifying
event is not feasible. You must sign and certify the waiver in
accordance with Part 9.7.

5.1.2 Benchmark Monitoring of Discharges Associated With Specific
Industrial Activities

Table 5-1 identifies the specific industrial sectors subject to the
Benchmark Monitoring requirements of this permit and the industry-
specific pollutants of concern. You must refer to the tables found in
the individual Sectors in Part 6 for Benchmark Monitoring Cut-Off
Concentrations. If your facility has co-located activities (see Part
1.2.1.1) described in more than one sector in Part 6, you must comply
with all applicable benchmark monitoring requirements from each sector.
The results of benchmark monitoring are primarily for your use to
determine the overall effectiveness of your SWPPP in controlling the
discharge of pollutants to receiving waters. Benchmark values, included
in Part 6 of this permit, are not viewed as effluent limitations. An
exceedance of a benchmark value does not, in and of itself, constitute
a violation of this permit. While exceedance of a benchmark value does
not automatically indicate that violation of a water quality standard
has occurred, it does signal that modifications to the SWPPP may be
necessary. In addition, exceedance of benchmark values may identify
facilities that would be more appropriately covered under an
individual, or alternative general permit where more specific pollution
prevention controls could be required.

Table 5-1.--Industry Sectors/Sub-Sectors Subject to Benchmark Monitoring
------------------------------------------------------------------------
Required
Industry sub- parameters for
MSGP sector \1\ sector benchmark
monitoring
------------------------------------------------------------------------
A............................... General Sawmills COD, TSS, Zinc.
and Planing Mills. Arsenic, Copper.
Wood Preserving TSS.
Facilities. COD, TSS.
Log Storage and
Handling.
Hardwood Dimension
and Flooring
Mills.
B............................... Paperboard Mills.. COD.

[[Page 64817]]

C............................... Industrial Aluminum, Iron,
Inorganic Nitrate + Nitrite
Chemicals. N.
Plastics, Zinc.
Synthetic Resins,
etc..
Soaps, Detergents, Nitrate + Nitrite
Cosmetics, N, Zinc.
Perfumes.
Agricultural Nitrate + Nitrite
Chemicals. N, Lead, Iron,
Zinc, Phosphorus.
D............................... Asphalt Paving and TSS.
Roofing Materials.
E............................... Clay Products..... Aluminum.
Concrete Products. TSS, Iron.
F............................... Steel Works, Blast Aluminum, Zinc.
Furnaces, and
Rolling and Aluminum, TSS,
Finishing Mills. Copper, Iron,
Iron and Steel Zinc.
Foundries. Copper, Zinc.
Non-Ferrous Copper, Zinc.
Rolling and
Drawing.
Non-Ferrous
Foundries
(Castings).
G \2\........................... Copper Ore Mining COD, TSS, Nitrate
and Dressing. + Nitrite N
H............................... Coal Mines and TSS, Aluminum,
Coal-Mining Iron
Related
Facilities.
J............................... Dimension Stone, TSS.
Crushed Stone,
and Nonmetallic Nitrate + Nitrite
Minerals (except N, TSS.
fuels).
Sand and Gravel
Mining.
K............................... Hazardous Waste Ammonia,
Treatment Storage Magnesium, COD,
or Disposal. Arsenic, Cadmium,
Cyanide, Lead,
Mercury,
Selenium, Silver.
L............................... Landfills, Land Iron, TSS.
Application
Sites, and Open
Dumps.
M............................... Automobile Salvage TSS, Aluminum,
Yards. Iron, Lead.
N............................... Scrap Recycling... Copper, Aluminum,
Iron, Lead, Zinc,
TSS, COD.
O............................... Steam Electric Iron.
Generating
Facilities.
Q............................... Water Aluminum, Iron,
Transportation Lead, Zinc.
Facilities.
S............................... Airports with BOD, COD, Ammonia,
deicing pH.
activities \3\.
U............................... Grain Mill TSS.
Products. BOD, COD, Nitrate
Fats and Oils..... + Nitrite N, TSS.
Y............................... Rubber Products... Zinc.
AA.............................. Fabricated Metal Iron, Aluminum,
Products Except Zinc, Nitrate +
Coating. Nitrite N.
Fabricated Metal Zinc, Nitrate +
Coating and Nitrite N.
Engraving.
------------------------------------------------------------------------
\1\ Table does not include parameters for compliance monitoring under
effluent limitations guidelines.
\2\ See Sector G (Part 6.G) for additional monitoring discharges from
waste rock and overburden piles from active ore mining or dressing
facilities.
\3\ Monitoring requirement is for airports with deicing activities that
utilize more than 100 tons of urea or more than 100,000 gallons of
ethylene glycol per year.

5.1.2.1 Monitoring Periods for Benchmark Monitoring. Unless
otherwise specified in Part 6, benchmark monitoring periods are October
1, 2001 to September 30, 2002 (year two of the permit) and October 1,
2003 to September 30, 2004 (year four of the permit). If your facility
falls within a Sector(s) required to conduct benchmark monitoring, you
must monitor quarterly (4 times a year) during at least one, and
potentially both, monitoring periods; unless otherwise specified in the
sector-specific requirements of Part 6. Depending on the results of the
2001-2002 monitoring year, you may not be required to conduct benchmark
monitoring in the 2003-2004 monitoring year (see Part 5.1.2.2).
5.1.2.2 Benchmark Monitoring Year 2003-2004 Waivers for Facilities
Testing Below Benchmark Values. All of the provisions of Part 5.1.2.2
are available to permittees except as noted in Part 6. Waivers from
benchmark monitoring are available to facilities whose discharges are
below benchmark values, thus there is an incentive for facilities to
improve the effectiveness of their SWPPPs in eliminating discharges of
pollutants and avoid the cost of monitoring.
On both a parameter by parameter and outfall by outfall basis, you
are not required to conduct sector-specific benchmark monitoring in the
2003-2004 monitoring year provided:
You collected samples for all four quarters of the 2001-
2002 monitoring year and the average concentration was below the
benchmark value in Part 6; and
You are not subject to a numeric limitation or State/
Tribal-specific monitoring requirement for that parameter established
in Part 5.2 or Part 13; and
You include a certification in the SWPPP that based on
current potential pollutant sources and BMPs used, discharges from the
facility are reasonably expected to be essentially the same (or
cleaner) compared to when the benchmark monitoring for the 2001-2002
monitoring year was done.
5.1.2.3 Inactive and Unstaffed Sites. If you are unable to conduct
benchmark monitoring at an inactive and unstaffed site, you may
exercise a waiver of the monitoring requirement as long as the facility
remains inactive and unstaffed. If you exercise this waiver, you must
maintain a certification with your Storm Water Pollution Prevention
Plan stating that the site is inactive and unstaffed and that
performing benchmark monitoring during a qualifying storm event is not
feasible. You must sign and certify the waiver in accordance with Part
9.7.

5.1.3 Coal Pile Runoff

5.1.3.1 If your facility has discharges of storm water from coal
storage piles, you must comply with the limitations and monitoring
requirements of Table 5-2 for all discharges containing the coal pile
runoff, regardless of your facility's sector of industrial activity.

[[Page 64818]]

Table 5-2.--Numeric Limitations for Coal Pile Runoff
----------------------------------------------------------------------------------------------------------------
Parameter Limit Monitoring frequency Sample type
----------------------------------------------------------------------------------------------------------------
Total Suspended Solids (TSS)........ 50 mg/L, max........... 1/year................. Grab.
pH.................................. 6.0-9.0 min. and max... 1/year................. Grab.
----------------------------------------------------------------------------------------------------------------

5.1.3.2 You must not dilute coal pile runoff with storm water or
other flows in order to meet this limitation.
5.1.3.3 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.
5.1.3.4 You must collect and analyze your samples in accordance
with Part 5.2.2. Results of the testing must be retained and reported
in accordance with Part 8 and 9.16.

5.1.4 Compliance Monitoring for Discharges Subject to Numerical
Effluent Limitation Guidelines

Table 1-2 of Part 1.2.2.1.3 of the permit identifies storm water
discharges subject to effluent limitation guidelines that are
authorized for coverage under the permit. Facilities subject to storm
water effluent limitation guidelines are required to monitor such
discharges to evaluate compliance with numerical effluent limitations.
Industry-specific numerical limitations and compliance monitoring
requirements are described in Part 6 of the permit.

5.1.5 Monitoring for Limitations Required by a State or Tribe

Unless otherwise specified in Part 13 (state/tribal-specific permit
conditions), you must sample once per year for any permit limit
established as a result of a state or tribe's conditions for
certification of this permit under CWA Sec. 401.

5.2 Monitoring Instructions

5.2.1 Monitoring Periods

If you are required to conduct monitoring on an annual or quarterly
basis, you must collect your samples within the following time periods
(unless otherwise specified in Part 6):
The monitoring year is from October 1 to September 30
If your permit coverage was effective less than one month
from the end of a quarterly or yearly monitoring period, your first
monitoring period starts with the next respective monitoring period.
(e.g., if permit coverage begins June 5th, you would not need to start
quarterly sampling until the July--September quarter, but you would
only have from June 5th to September 30th to complete that year's
annual monitoring )

5.2.2 Collection and Analysis of Samples

You must assess your sampling requirements on an outfall by outfall
basis. You must collect and analyze your samples in accordance with the
requirements of Part 9.16.
5.2.2.1 When and How to Sample. Take a minimum of one grab sample
from the discharge associated with industrial activity resulting from a
storm event with at least 0.1 inch of precipitation (defined as a
``measurable'' event), providing the interval from the preceding
measurable storm is at least 72 hours. The 72-hour storm interval is
waived when the preceding measurable storm did not yield a measurable
discharge, or if you are able to document that less than a 72-hour
interval is representative for local storm events during the sampling
period.
Take the grab sample during the first 30 minutes of the discharge.
If it is not practicable to take the sample during the first 30
minutes, sample during the first hour of discharge and describe why a
grab sample during the first 30 minutes was impracticable. Submit this
information on or with the discharge monitoring report (see Part 7.1).
If the sampled discharge commingles with process or non-process water,
attempt to sample the storm water discharge before it mixes with the
non-storm water.
To get help with monitoring, consult the Guidance Manual for the
Monitoring and Reporting Requirements of the NPDES Storm Water Multi-
Sector General Permit which can be down loaded from the EPA Web Site at
www.epa.gov/OWM/sw/industry/index.htm. It can also be ordered from the
Office of Water Resource Center by calling 202-260-7786.

5.2.3 Storm Event Data

Along with the results of your monitoring, you must provide the
date and duration (in hours) of the storm event(s) samples; rainfall
measurements or estimates (in inches) of the storm event that generated
the sampled runoff; the duration between the storm event samples and
the end of the previous measurable (greater than 0.1 inch rainfall)
storm event; and an estimate of the total volume (in gallons) of the
discharge samples.

5.2.4 Representative Outfalls--Essential Identical Discharges

If your facility has two (2) or more outfalls that you believe
discharge substantially identical effluents, based on similarities of
the industrial activities, significant materials or storm water
management practices occurring within the outfalls' drainage areas, you
may test the effluent of just one of the outfalls and report that the
quantitative data also applies to the substantially identical
outfall(s). For this to be permissible, you must describe in the Storm
Water Pollution Prevention Plan and include in the Discharge Monitoring
Report the following: locations of the outfalls; why the outfalls are
expected to discharge substantially identical effluents; estimates of
the size of the drainage area (in square feet) for each of the
outfalls; and an estimate of the runoff coefficient of the drainage
areas (low: under 40 percent; medium: 40 to 65 percent; high: above 65
percent). Note: Page 107 of the NPDES Storm Water Sampling Guidance
Document (EPA 800/B-92-001) lists criteria for substantially identical
outfalls (available on EPA's web site at http://www.epa.gov/owm/sw/
industry/).

5.3 General Monitoring Waivers

Unless specifically stated otherwise, the following waivers may be
applied to any monitoring required under this permit.

5.3.1 Adverse Climatic Conditions Waiver

When adverse weather conditions prevent the collection of samples,
take a substitute sample during a qualifying storm event in the next
monitoring period, or four samples per monitoring year when weather
conditions do not allow for samples to be spaced evenly during the
year. Adverse conditions (i.e., those which are dangerous or create
inaccessibility for personnel) may include such things as local
flooding, high winds, electrical storms, or situations which otherwise
make sampling impracticable such as drought or extended frozen
conditions.

[[Page 64819]]

5.3.2 Alternative Certification of ``Not Present or No Exposure''

You are not subject to the analytical monitoring requirements of
Part 5.1.2 provided:
5.3.2.1 You make a certification for a given outfall, or on a
pollutant-by-pollutant basis in lieu of monitoring required under Part
5.1.2, that material handling equipment or activities, raw materials,
intermediate products, final products, waste materials, by-products,
industrial machinery or operations, or significant materials from past
industrial activity that are located in areas of the facility within
the drainage area of the outfall are not presently exposed to storm
water and are not expected to be exposed to storm water for the
certification period; and
5.3.2.2 Your certification is signed in accordance with Part 9.7,
retained in the Storm Water Pollution Prevention Plan, and submitted to
EPA in accordance with Part 7. In the case of certifying that a
pollutant is not present, the permittee must submit the certification
along with the monitoring reports required Part 7; and
5.3.2.3 If you cannot certify for an entire period, you must
submit the date exposure was eliminated and any monitoring required up
until that date; and
5.3.2.4 No numeric limitation or State-specific monitoring
requirement for that parameter is established in Part 5 or Part 13.

5.4 Monitoring Required by the Director

The Director may provide written notice to any facility, including
those otherwise exempt from the sampling requirements of Parts 5, 6 and
12, requiring discharge sampling for a specific monitoring frequency
for specific parameters. Any such notice will briefly state the reasons
for the monitoring, parameters to be monitored, frequency and period of
monitoring, sample types, and reporting requirements.

5.5 Reporting Monitoring Results

Deadlines and procedures for submitting monitoring reports are
contained in Part 7.

6. Sector-Specific Requirements for Industrial Activity

You only need to comply with the additional requirements of Part 6
that apply to the sector(s) of industrial activity at your facility.
These sector-specific requirements are in addition to the ``basic''
requirements specified in Parts 1-5 and 7-13 of this permit.

6.A Sector A--Timber Products

6.A.1 Covered Storm Water Discharges

The requirements in Part 6.A apply to storm water discharges
associated with industrial activity from Timber Products facilities as
identified by the SIC Codes specified under Sector A in Table 1-1 of
Part 1.2.1.

6.A.2 Industrial Activities Covered by Sector A

The types of activities that permittees under Sector A are
primarily engaged in are:
6.A.2.1 Cutting timber and pulpwood (those that have log storage
or handling areas);
6.A.2.2 Mills, including merchant, lath, shingle, cooperage stock,
planing, plywood and veneer;
6.A.2.3 Producing lumber and wood basic materials;
6.A.2.4 Wood preserving;
6.A.2.5 Manufacturing finished articles made entirely of wood or
related materials except wood kitchen cabinet manufacturers (covered
under Part 6.23);
6.A.2.6 Manufacturing wood buildings or mobile homes.

6.A.3 Special Coverage Conditions

6.A.3.1 Prohibition of Discharges. (See also Part 1.2.3.1) Not
covered by this permit: storm water 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.
6.A.3.2 Authorized Non-Storm Water Discharges. (See also Part
1.2.3.1) Also authorized by this permit, provided the non-storm water
component of the discharge is in compliance with SWPPP requirements in
Part 4.2.7 (Controls): 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.

6.A.4 Storm Water Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.A.4.1 Drainage Area Site Map. (See also Part 4.2.2.3) Also
identify where any of the following may be exposed to precipitation/
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.
6.A.4.2 Inventory of Exposed Materials. (See also Part 4.2.4)
Where such information exists, if your facility has used
chlorophenolic, creosote or chromium-copper-arsenic formulations for
wood surface protection or preserving, identify 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 storm water runoff.
6.A.4.3 Description of Storm Water Management Controls. (See also
Part 4.2.7). Describe and implement measures to address the following
activities/sources: log, lumber and wood product storage areas; residue
storage areas; loading and unloading areas; material handling areas;
chemical storage areas; and equipment/vehicle maintenance, storage and
repair areas. If your facility performs wood surface protection/
preservation activities, address the specific BMPs for these
activities.
6.A.4.4 Good Housekeeping. (See also Part 4.2.7.2.1.1). In areas
where storage, loading/unloading and material handling occur, perform
good housekeeping to limit the discharge of wood debris; minimize the
leachate generated from decaying wood materials; and minimize the
generation of dust.
6.A.4.5 Inspections. (See also Part 4.2.7.2.1.5). If your facility
performs wood surface protection/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 storm water discharges.

6.A.5 Monitoring and Reporting Requirements (See also Part 5)

[[Page 64820]]

Table A-1.--Sector-Specific Numeric Limitations and Benchmark Monitoring
[Sector of permit affected/supplemental requirements]
----------------------------------------------------------------------------------------------------------------
Subsector (Discharge may be subject
to requirements for more than one Parameter Benchmark monitoring Numeric limitation \2\
sector/subsector) cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
General Sawmills and Planning Mills Chemical Oxygen Demand 120.0 mg/L..............
(SIC 2421). (COD).
Total Suspended Solids 100 mg/L................
(TSS).
Total Zinc............. 0.117 mg/L..............
Wood Preserving (SIC 2491).......... Total Arsenic.......... 0.16854 mg/L............
Total Copper........... 0.0636 mg/L.............
Log Storage and Handling (SIC 2411). Total Suspended Solids 100 mg/L................
(TSS).
Wet Decking Discharges at Log pH..................... ........................ 6.0-9.0 s.u.
Storage and Handling Areas (SIC
2411).
Debris (woody material ........................ No Discharge of debris
such as bark, twigs, that will not pass
branches, heartwood, through a 2.54 cm (1")
or sapwood). diameter round
opening.
Hardwood Dimension and Flooring Chemical Oxygen Demand 120.0 mg/L..............
Mills; Special Products Sawmills, (COD).
not elsewhere classified; Millwork,
Veneer, Plywood and Structural
Wood; Wood Containers; Wood
Buildings and Mobile Homes;
Reconstituted Wood Products; and
Wood Products Facilities not
elsewhere classified (SIC Codes
2426, 2429, 2431-2439 (except
2434), 2448, 2449, 2451, 2452,
2593, and 2499).
Total Suspended Solids 100.0 mg/L .............
(TSS).
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 monitoring years.
\2\ Monitor once per year for each monitoring year.

6.B Sector B--Paper and Allied Products Manufacturing

6.B.1 Covered Storm Water Discharges

The requirements in Part 6.B apply to storm water discharges
associated with industrial activity from Paper and Allied Products
Manufacturing facilities as identified by the SIC Codes specified under
Sector B in Table 1-1 of Part 1.2.1.

6.B.2 Industrial Activities Covered by Sector B

The types of activities that permittees under Sector B are
primarily engaged in are:
6.B.2.1 Manufacture of pulps from wood and other cellulose fibers
and from rags;
6.B.2.2 Manufacture of paper and paperboard into converted
products, i.e. paper coated off the paper machine, paper bags, paper
boxes and envelopes;
6.B.2.3 Manufacture of bags of plastic film and sheet.

6.B.3 Monitoring and Reporting Requirements (See also Part 5)

Table B-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be
subject to requirements for more Parameter Benchmark monitoring and Numeric limitation
than one sector/subsector) cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Paperboard Mills (SIC Code 2631).... COD.................... 120.0 mg/L .............
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 monitoring years

6.C Sector C--Chemical and Allied Products Manufacturing

6.C.1 Covered Storm Water Discharges

The requirements in Part 6.C apply to storm water discharges
associated with industrial activity from Chemical and Allied Products
Manufacturing facilities as identified by the SIC Codes specified under
Sector C in Table 1-1 of Part 1.2.1.

6.C.2 Industrial Activities Covered by Sector C

The requirements listed under this Part apply to storm water
discharges associated with industrial activity from a facility engaged
in manufacturing the following products:
6.C.2.1 basic industrial inorganic chemicals;
6.C.2.2 plastic materials and synthetic resins, synthetic rubbers,
and cellulosic and other human made fibers, except glass;
6.C.2.3 soap and other detergents, including facilities producing
glycerin from vegetable and animal fats and oils; speciality cleaning,
polishing and sanitation preparations; surface active preparations used
as emulsifiers, wetting agents and finishing agents, including
sulfonated oils; and perfumes, cosmetics and other toilet preparations;

[[Page 64821]]

6.C.2.4 paints (in paste and ready mixed form); varnishes;
lacquers; enamels and shellac; putties, wood fillers, and sealers;
paint and varnish removers; paint brush cleaners; and allied paint
producers;
6.C.2.5 industrial organic chemicals;
6.C.2.6 industrial and household adhesives, glues, caulking
compounds, sealants, and linoleum, tile and rubber cements from
vegetable, animal or synthetic plastic materials; explosives; printing
ink, including gravure, screen process and lithographic inks;
miscellaneous chemical preparations such as fatty acids, essential
oils, gelatin (except vegetable), sizes, bluing, laundry sours, writing
and stamp pad ink, industrial compounds such as boiler and heat
insulating compounds, and chemical supplies for foundries;
6.C.2.7 ink and paints, including china painting enamels, indian
ink, drawing ink, platinum paints for burnt wood or leather work,
paints for china painting, artists' paints and artists' water colors;
6.C.2.8 nitrogenous and phosphatic basic fertilizers, mixed
fertilizers, pesticides and other agricultural chemicals.

6.C.3 Limitations on Coverage

6.C.3.1 Prohibition of Non-Storm Water Discharges. (See also Part
1.2.3.3) Not covered by this permit: non-storm water discharges
containing inks, paints or substances (hazardous, nonhazardous, etc.)
resulting from an onsite spill, including materials collected in drip
pans; washwater from material handling and processing areas; and
washwater from drum, tank or container rinsing and cleaning.

6.C.4 Storm Water Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.C.4.1 Drainage Area Site Map. (See also Part 4.2.2.3) Also
identify where any of the following may be exposed to precipitation/
surface runoff: processing and storage areas; access roads, rail cars
and tracks; areas where substances are transferred in bulk; and
operating machinery.
6.C.4.2 Potential Pollutant Sources. (See also Part 4.2.4)
Describe the following sources and activities that have potential
pollutants associated with them: loading, unloading and transfer of
chemicals; outdoor storage of salt, pallets, coal, drums, containers,
fuels, fueling stations; vehicle and equipment maintenance/cleaning
areas; areas where the treatment, storage or disposal (on- or off-site)
of waste/wastewater occur; storage tanks and other containers;
processing and storage areas; access roads, rail cars and tracks; areas
where the transfer of substances in bulk occurs; and areas where
machinery operates.
6.C.4.3 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1) As
part of your good housekeeping program, include a schedule for regular
pickup and disposal of garbage and waste materials, or adopt other
appropriate measures to reduce the potential for discharging storm
water that has contacted garbage or waste materials. Routinely inspect
the condition of drums, tanks and containers for potential leaks.

6.C.5 Monitoring and Reporting Requirements (See also Part 5)

Table C-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be
subject to requirements for more Parameter Benchmark monitoring Numeric limitation \2\
than one sector/subsector) cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Phosphate Subcategory of the Total Phosphorus (as P) ........................ 105.0 mg/L, daily max.
Fertilizer Manufacturing Point 35 mg/L, 30-day avg.
Source Category (40 CFR Sec.
418.10)--applies to precipitation
runoff, that during manufacturing
or processing, comes into contact
with any raw materials,
intermediate product, finished
product, by-products or waste
product (SIC 2874).
Fluoride............... ........................ 75.0 mg/L, daily max.
25.0 mg/L, 30-day avg.
Agricultural Chemicals (2873-2879).. Nitrate plus Nitrite 0.68 mg/L. .......................
Nitrogen 0.0816 mg/L.............
Total Recoverable Lead. 1.0 mg/L................
Total Recoverable Iron. 0.117 mg/L..............
Total Recoverable Zinc. 2.0 mg/L................
Phosphorus.............
Industrial Inorganic Chemicals (2812- Total Recoverable 0.75 mg/L Nitrate plus Nitrite
2819). Aluminum 1.0 mg/L................ Nitrogen
Total Recoverable Iron. 0.68 mg/L...............
Soaps, Detergents, Cosmetics, and Nitrate plus Nitrite 0.68 mg/L.
Perfumes (SIC 2841-2844). Nitrogen. 0.117 mg/L..............
Total Recoverable Zinc.
Plastics, Synthetics, and Resins Total Recoverable Zinc. 0.117 mg/L.
(SIC 2821-2824).
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.
\2\ Monitor once/year for each Monitoring Year.

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

6.D.1 Covered Storm Water Discharges

The requirements in Part 6.D apply to storm water discharges
associated with industrial activity from Asphalt Paving and Roofing
Materials and Lubricant Manufacturers facilities as identified by the
SIC Codes specified under Sector D in Table 1-1 of Part 1.2.1.

6.D.2 Industrial Activities Covered by Sector D

The types of activities that permittees under Sector D are
primarily engaged in are:
6.D.2.1 manufacturing asphalt paving and roofing materials;

[[Page 64822]]

6.D.2.2 portable asphalt plant facilities;
6.D.2.3 manufacturing lubricating oils and greases.

6.D.3 Limitations on Coverage

The following storm water discharges associated with industrial
activity are not authorized by this permit:
6.D.3.1 discharges from petroleum refining facilities, including
those that manufacture asphalt or asphalt products that are classified
as SIC code 2911;
6.D.3.2 discharges from oil recycling facilities;
6.D.3.3 discharges associated with fats and oils rendering.

6.D.4 Storm Water Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.D.4.1 Inspections. (See also Part 4.2.7.2.1.5) Inspect at least
once per month, as part of the maintenance program, the following
areas: Material storage and handling areas, liquid storage tanks,
hoppers/silos, vehicle and equipment maintenance, cleaning and fueling
areas, material handling vehicles, equipment and processing areas.
Ensure appropriate action is taken in response to the inspection by
implementing tracking or follow up procedures.

6.D.5 Monitoring and Reporting Requirements. (See also part 5)

Table D-1.--Sector-Specific Numeric Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be subject
to requirements for more than one Parameter Benchmark monitoring Numeric Limitation \2\
sector/subsector) cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
Sector of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Asphalt Paving and Roofing Materials Total Suspended Solids 100mg/L.................
(SIC 2951, 2952). (TSS).
Discharges from areas where TSS.................... ........................ 23.0 mg/L, daily max
production of asphalt paving and 15.0 mg/L 30-day avg.
roofing emulsions occurs (SIC 2951,
2952).
Oil and Grease......... ........................ 15.0 mg/L daily max.
10mg/L, 30-day avg.
pH..................... ........................ 6.0-9.0
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 monitoring years.
\2\ Monitor once per year for each monitoring year.

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

6.E.1 Covered Storm Water Discharges

The requirements in Part 6.E apply to storm water 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 1-1 of part 1.2.1.

6.E.2 Industrial Activities Covered by Sector E

The requirements listed under this permit apply to storm water
discharges associated with industrial activity from a facility engaged
in either manufacturing the following products or performing the
following activities:
6.E.2.1 flat, pressed, or blown glass or glass containers;
6.E.2.2 hydraulic cement;
6.E.2.3 clay products including tile and brick;
6.E.2.4 pottery and porcelain electrical supplies;
6.E.2.5 concrete products;
6.E.2.6 gypsum products;
6.E.2.7 minerals and earths, ground or otherwise treated;
6.E.2.8 non-clay refractories:
6.E.2.9. lime manufacturing
6.E.2.10 cut stone and stone products
6.E.2.11 asbestos products
6.E.2.12 mineral wool and mineral wool insulation products.

6.E.3 Storm Water Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.E.3.1 Drainage Area Site Map. (See also Part 4.2.2.3) Identify
the locations of 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.
6.E.3.2 Good Housekeeping Measures. (See also Part 4.2.2.3) With
good housekeeping prevent or minimize the discharge of: spilled cement;
aggregate (including sand or gravel); kiln dust; fly ash; settled dust;
or other significant material in storm water from paved portions of the
site that are exposed to storm water. Consider using regular sweeping
or other equivalent measures to minimize the presence of these
materials. Indicate in your SWPPP the frequency of sweeping or
equivalent measures. Determine the frequency from the amount of
industrial activity occurring in the area and the frequency of
precipitation, but it must be performed at least once a week if cement,
aggregate, kiln dust, fly ash or settled dust are being handled/
processed. You must also prevent the exposure of fine granular solids
(cement, fly ash, kiln dust, etc.) to storm water where practicable, by
storing these materials in enclosed silos/hoppers, buildings or under
other covering.
6.E.3.3 Inspections. (See also Part 4.2.7.2.1.5) Perform
inspections while the facility is in operation and include all of the
following areas exposed to storm water: material handling areas, above
ground storage tanks, hoppers or silos, dust collection/containment
systems, truck wash down/equipment cleaning areas.
6.E.3.4 Certification. (See also Part 4.4.1) For facilities
producing ready-mix concrete, concrete block, brick or similar
products, include in the non-storm water discharge certification a
description of measures that insure that process waste water resulting
from truck washing, mixers, transport buckets, forms or other equipment
are discharged in accordance with NPDES requirements or are recycled.

6.E.4 Monitoring and Reporting Requirements. (See also Part 5)

[[Page 64823]]

Table E-1.--Sector-Specific Numeric Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be
subject to requirements for more Parameter Benchmark monitoring Numeric limitaiton \2\
than one sector/subsector) cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
Sector of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Clay Product Manufacturers.......... Total Recoverable 0.75 mg/L .......................
(SIC 3245-3259,3261-3269)........... Aluminum.
Concrete and Gypsum Product TSS.................... 100 mg/L .......................
Manufacturers (SIC 3271-3275). Total Recoverable Iron. 1.0 mg/L................
Cement Manufacturing Facility, Total Suspended Solids 50 mg/L daily max.......
Material Storage Runoff: Any (TTS.
discharge composed of runoff that
derives from the storage of
materials including raw materials,
intermediate products, finished
products, and waste materials that
are used in or derived from the
manufacture of cement.
pH..................... ........................ 6.0-9.0 S.U.
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 monitoring years.
\2\ Monitor once per year for each monitoring year.

6.F Sector F--Primary Metals

6.F.1 Covered Storm Water Discharges

The requirements in Part 6.F apply to storm water discharges
associated with industrial activity from Primary Metals facilities as
identified by the SIC Codes specified under Sector F in Table 1-1 of
Part 1.2.1.

6.F.2 Industrial Activities Covered by Sector F

The types of activities under this Part are facilities primarily
engaged in are:
6.F.2.1 Steel works, blast furnaces, and rolling and finishing
mills including: steel wire drawing and steel nails and spikes; cold-
rolled steel sheet, strip, and bars; and steel pipes and tubes;
6.F.2.2 Iron and steel foundries, including: gray and ductile
iron, malleable iron, steel investment, and steel foundries not
elsewhere classified;
6.F.2.3 Primary smelting and refining of nonferrous metals,
including: primary smelting and refining of copper, and primary
production of aluminum;
6.F.2.4 Secondary smelting and refining of nonferrous metals;
6.F.2.5 Rolling, drawing, and extruding of nonferrous metals,
including: rolling, drawing, and extruding of copper; rolling, drawing
and extruding of nonferrous metals except copper and aluminum; and
drawing and insulating of nonferrous wire;
6.F.2.6 Nonferrous foundries (castings), including: aluminum die-
casting, nonferrous die-casting, except aluminum, aluminum foundries,
copper foundries, and nonferrous foundries, except copper and aluminum;
6.F.2.7 Miscellaneous primary metal products, not elsewhere
classified, including: metal heat treating, and primary metal products
not elsewhere classified;
Activities covered include but are not limited to storm water
discharges associated with cooking operations, sintering plants, blast
furnaces, smelting operations, rolling mills, casting operations, heat
treating, extruding, drawing, or forging all types of ferrous and
nonferrous metals, scrap and ore.

6.F.3 Storm Water Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.F.3.1 Drainage Area Site Map. (See also Part 4.2.2.3) Also
identify where any of the following activities may be exposed to
precipitation/surface runoff: storage or disposal of wastes such as
spent solvents/baths, sand, slag/dross; liquid storage tanks/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/coke handling operations, etc., and which could result
in a discharge of pollutants to waters of the United States.
6.F.3.2 Inventory of Exposed Material. (See also Part 4.2.4)
Include in the inventory of materials handled at the site that
potentially may be exposed to precipitation/runoff, areas where
deposition of particulate matter from process air emissions or losses
during material handling activities are possible.
6.F.3.3 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1) As
part of your good housekeeping program, include: a cleaning/maintenance
program for all impervious areas of the facility where particulate
matter, dust or debris may accumulate, especially areas where material
loading/unloading, storage, handling and processing occur; the paving
of areas where vehicle traffic or material storage occur but where
vegetative or other stabilization methods are not practicable
(institute a sweeping program in these areas too). For unstabilized
areas where sweeping is not practicable, consider using storm water
management devices such as sediment traps, vegetative buffer strips,
filter fabric fence, sediment filtering boom, gravel outlet protection
or other equivalent measures that effectively trap or remove sediment.
6.F.3.4 Inspections. (See also Part 4.2.7.2.1.5) Conduct
inspections routinely, or at least on a quarterly basis, and address
all potential sources of pollutants, including (if applicable): air
pollution control equipment (e.g., baghouses, electrostatic
precipitators, scrubbers and cyclones) for any signs of degradation
(e.g., leaks, corrosion or improper operation) that could limit their
efficiency and lead to excessive emissions. Consider monitoring air
flow at inlets/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/drums) for
signs of material losses due to wind or storm water runoff.

6.F.4 Monitoring and Reporting Requirements. (See also Part 5)

[[Page 64824]]

Table F-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Sector of permit affected/supplemental requirements--
-----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be subject to
requirements for more than one sector/ Parameter Benchmark monitoring Numeric
subsector) cutoff concentration limitation
-------------------------------------------------------------------------------------\1\------------------------
Steel Works, Blast Furnaces, and Rolling Total Recoverable Aluminum..... 0.75 mg/L
and Finishing Mills (SIC 3312-3317). Total Recoverable Zinc......... 0.117 mg/L.............
Iron and Steel Foundries (SIC 3321-3325) Total Recoverable Aluminum..... 0.75 mg/L.
Total Suspended Solids......... 100 mg/L...............
Total Recoverable Copper....... 0.0636 mg/L............
Total Recoverable Iron......... 1.0 mg/L...............
Total Recoverable Zinc......... 0.117 mg/L.............
Rolling, Drawing, and Extruding of Non- Total Recoverable Copper....... 0.0636 mg/L
Ferrous Metals (SIC 3351-3357). Total Recoverable Zinc......... 0.117 mg/L.............
Non-Ferrous Foundries (SIC 3363-3369)... Total Recoverable Copper....... 0.636 mg/L.
Total Recoverable Zinc......... 0.117 mg/L. ...........
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.

6.G Sector G--Metal Mining (Ore Mining and Dressing)

6.G.1 Covered Storm Water Discharges

The requirements in Part 6.G apply to storm water discharges
associated with industrial activity from active, temporarily inactive
and inactive metal mining and ore dressing facilities, including mines
abandoned on Federal Lands, as identified by the SIC Codes specified
under Sector G in Table 1-1 of Part 1.2.1. Coverage is required for
facilities that discharge storm water 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.
6.G.1.1 Covered Discharges from Inactive Facilities: All storm
water discharges.
6.G.1.2 Covered Discharges from Active and Temporarily Inactive
Facilities: Only the storm water discharges from the following areas
are covered: waste rock/overburden piles if composed entirely of storm
water and not combining with mine drainage; topsoil piles; offsite
haul/access roads; onsite haul/access roads constructed of waste rock/
overburden/spent ore if composed entirely of storm water and not
combining with mine drainage; onsite haul/access roads not constructed
of waste rock/overburden/spent ore except if mine drainage is used for
dust control; runoff from tailings dams/dikes when not constructed of
waste rock/tailings and no process fluids are present; runoff from
tailings dams/dikes when constructed of waste rock/tailings if and no
process fluids are present if composed entirely of storm water and not
combining with mine drainage; concentration building if no contact with
material piles; mill site if no contact with material piles; office/
administrative building and housing if mixed with storm water 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/equipment
maintenance area/building; parking areas (if necessary); power plant;
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 bonds prior to December 17, 1990; and partially/
inadequately reclaimed areas or areas not released from reclamation
bonds.

6.G.2 Industrial Activities Covered by Sector G

Note: ``metal mining'' will connote any of the separate
activities listed in Part 6.G.2. The types of activities that
permittees under Sector G are primarily engaged in are:

6.G.2.1 exploring for metallic minerals (ores), developing mines
and the mining of ores;
6.G.2.2 ore dressing and beneficiating, whether performed at co-
located, dedicated mills or separate (i.e., custom) mills.

6.G.3 Limitations on Coverage

6.G.3.1 Prohibition of Storm Water Discharges.
Storm water discharges not authorized by this permit: discharges
from active metal mining facilities which are subject to effluent
limitation guidelines for the Ore Mining and Dressing Point Source
Category (40 CFR Part 440).

Note: discharges that come in contact with overburden/waste rock
are subject to 40 CFR Part 440, providing: the discharges drain to a
point source (either naturally or as a result of intentional
diversion) and they combine with ``mine drainage'' that is otherwise
regulated under the Part 440 regulations. Discharges from
overburden/waste rock can be covered under this permit if they are
composed entirely of storm water, do not combine with sources of
mine drainage that are subject to 40 CFR Part 440, and meet other
eligibility criteria contained in Part 1.2.2.1.

6.G.3.2 Prohibition of Non-Storm Water Discharges.
Not authorized by this permit: adit drainage and contaminated
springs or seeps (see also the standard Limitations on Coverage in Part
1.2.3).

6.G.4 Definitions

6.G.4.1 Mining Operation--typically consists of three phases, any
one of which individually qualifies as a ``mining activity.'' The
phases are the exploration and construction phase, the active phase,
and the reclamation phase.
6.G.4.2 Exploration and Construction Phase--entails exploration
and land disturbance activities to determine the financial viability of
a site. Construction includes the building of site access roads and
removal of overburden and waste rock to expose mineable minerals.
6.G.4.3 Active Phase--activities including each step from
extraction through production of a salable product.
6.G.4.4 Reclamation Phase--activities intended to return the land
to its pre-mining use
The following definitions are not intended to supercede the
definitions of active and inactive mining facilities established by 40
CFR 122.26(b)(14)(iii).
6.G.4.5 Active Metal Mining Facility--a place where work or other
activity related to the extraction, removal or recovery of metal ore is
being conducted. For surface mines, this definition does not include
any land where grading has returned the earth to a desired contour and
reclamation has begun.

[[Page 64825]]

6.G.4.6 Inactive Metal Mining Facility--a site or portion of a
site where metal mining and/or milling occurred in the past but is not
an active facility as defined above, and where the inactive portion is
not covered by an active mining permit issued by the applicable State
or Federal government agency.
6.G.4.7 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 government agency.

6.G.5 Clearing, Grading and Excavation Activities

Clearing, grading and excavation activities being conducted as part
of the exploration and construction phase of a mining operation cannot
be covered under this permit if these activities will disturb one or
more acre of land. Instead, coverage for these activities must be under
the latest version of EPA's General Permit for Storm Water Discharges
from Construction Activities (the ``Construction General Permit;''
Federal Register, Vol. 63, p. 7858 and for Region 6, Federal Register,
Vol. 63, p. 36490), or an individual construction permit. If the area
of disturbance during the initial phase is less than one acre, you must
continue to comply with the requirements of the MSGP-2000.
6.G.5.1 Requirements for Activities Disturbing 5 or More Acres of
Earth. If the one-acre limit as defined in Part 6.G.5 is attained,
coverage for these activities must be under the latest version of EPA's
Construction General Permit (or individual permit). You must first
obtain and comply with the Construction General Permit's requirements
before submitting the separate Construction General Permit Notice of
Intent (NOI) form (EPA Form 3510-9). The February 17, 1998 version of
the permit can be downloaded from the EPA's Web Site at www.epa.gov/
owm/sw/construction/cgp/cgp-nat.pdf and Region 6's July 6, 1998 version
of the permit at www.epa.gov/owm/sw/construction/cgp/cgp-reg6.pdf or
obtained from the Office of Water Resource Center at (202) 260-7786.
The NOI form is also available from the Web Site at www.epa.gov/owm/sw/
construction/connoi.pdf or from your EPA Regional office at the address
listed under Part 8.3. Discharges in compliance with the provisions of
the Construction General Permit are also authorized under the MSGP.
6.G.5.2 Cessation of Earth Disturbing Activities. If exploration
phase clearing, grading and excavation activities are completed and no
further mining activities will occur at the site, you must comply with
the requirements for terminating the Construction General Permit, i.e.,
stabilize and revegetate the disturbed land, submit a Notice of
Termination, etc. If active mining activities will ensue, you must
apply for coverage under the MSGP-2000 for your storm water discharges
and be prepared to implement any new requirements prior to beginning
the active phase. It is recommended you terminate your coverage under
the Construction General Permit, but it is not mandatory that you do
so. If you choose not to terminate your construction General Permit,
you will be responsible for complying with all permit conditions of the
construction permit in addition to those of the MSGP-2000. The Notice
of Termination form is Addendum E to this permit and is available at
http://www.epa.gov/owm/sw/industry/msgp/notform.pdf.

6.G.6 Storm Water Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.G.6.1 SWPPP Requirements for Active and Temporarily Inactive
Metal Mining Facilities.
6.G.6.1.1 Nature of Industrial Activities. (See also Part 4.2.2.1
) Briefly describe the mining and associated activities that can
potentially affect the storm water discharges covered by this permit,
including: the total acreage within the mine site; the estimated
acreage of disturbed land; the estimated acreage of land proposed to be
disturbed throughout the life of the mine; and a general description of
the location of the site relative to major transportation routes and
communities.
6.G.6.1.2 Site Map. (See also Part 4.2.2.3) Also identify the
locations of the following (as appropriate): mining/milling site
boundaries; access and haul roads; outline of the drainage areas of
each storm water outfall within the facility and indicate the types of
discharges from the drainage areas; equipment storage, fueling and
maintenance areas; materials handling areas; outdoor manufacturing,
storage or material disposal areas; 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/ponds (including proposed ones); heap leach pads; off-
site points of discharge for mine drainage/process water; surface
waters; and boundary of tributary areas that are subject to effluent
limitations guidelines.
6.G.6.1.3 Potential Pollutant Sources. (See also Part 4.2.4) For
each area of the mine/mill site where storm water discharges associated
with industrial activities occur, identify the types of pollutants
(e.g., heavy metals, sediment) likely to be present in significant
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 storm water;
vegetation of site (if any); history of significant leaks/spills of
toxic or hazardous pollutants. Also include a summary of any existing
ore or waste rock/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.
6.G.6.1.4 Site Inspections. (See also Part 4.2.7.2.1.5) Inspect
active mining sites at least monthly. Inspect temporarily inactive
sites at least quarterly unless adverse weather conditions make the
site inaccessible.
6.G.6.1.5 Employee Training. (See also Part 4.2.7.2.1.6) Conduct
employee training at least annually at active mining and temporarily
inactive sites.
6.G.6.1.6 Controls. (See also Part 4.2.7) Consider each of the
following BMPs. The potential pollutants identified in Part 6.G.6.1.3
shall determine the priority and appropriateness of the BMPs selected.
If you determine that one or more of these BMPs are not appropriate for
your facility, explain why it is not appropriate. If BMPs 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.
6.G.6.1.6.1 Storm Water Diversions. Consider diverting storm water
away from potential pollutant sources. BMP options: interceptor/
diversion controls (e.g., dikes, swales, curbs or 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.
6.G.6.1.6.2 Sediment and Erosion Control. (See also Part
4.2.7.2.2.1) At active and temporarily inactive sites consider a range
of erosion controls within the broad categories of: flow diversion
(e.g., swales); stabilization (e.g., temporary or permanent seeding);
and structural controls (e.g., sediment traps, dikes, silt fences).

[[Page 64826]]

6.G.6.1.6.3 Management of Runoff. (See also Part 4.2.7.2.2.2)
Consider the potential pollutant sources given in Part 6.G.6.1.3 when
determining reasonable and appropriate measures for managing runoff.
6.G.6.1.6.4 Capping. When capping is necessary to minimize
pollutant discharges in storm water, identify the source being capped
and the material used to construct the cap.
6.G.6.1.6.5 Treatment. If treatment of storm water (e.g., chemical
or physical systems, oil/water separators, artificial wetlands, etc.)
from active and temporarily inactive sites is necessary to protect
water quality, describe the type and location of treatment used.
6.G.6.1.6.6 Certification of Discharge Testing. (See also Part
4.4.1) Test or evaluate for the presence of specific mining-related
non-storm water 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 certify in your SWPPP that a particular discharge
comprised of commingled storm water and non-storm water is covered
under a separate NPDES permit; and that permit subjects the non-storm
water portion to effluent limitations prior to any commingling. This
certification shall identify the non-storm water discharges, the
applicable NPDES permit(s), the effluent limitations placed on the non-
storm water discharge by the permit(s), and the points at which the
limitations are applied.

6.G.6.2 SWPPP Requirements for Inactive Metal Mining Facilities.

6.G.6.2.1 Nature of Industrial Activities. (See also Part 4.2.2.1)
Briefly describe the mining and associated activities that took place
at the site that can potentially affect the storm water discharges
covered by this permit. Include: approximate dates of operation; total
acreage within the mine and/or processing site; estimate of acres of
disturbed earth; activities currently occurring onsite (e.g.,
reclamation); a general description of site location with respect to
transportation routes and communities.
6.G.6.2.2 Site Map. (See also Part 4.2.2.3) See Part 6.G.6.1.2 for
requirements.
6.G.6.2.3 Potential Pollutant Sources. (See also Part 4.2.4) See
Part 6.G.6.1.3 for requirements.
6.G.6.2.4 Controls. (See also Part 4.2.7) Consider each of the
following BMPs. The potential pollutants identified in Part 6.G.6.2.3
shall determine the priority and appropriateness of the BMPs selected.
If you determine that one or more of these BMPs are not appropriate for
your facility, explain why it is not appropriate. If BMPs 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. The non-structural controls in the general requirements
at Part 4.2.7.2.1 are not required for inactive facilities.
6.G.6.2.4.1 Storm Water Diversions. See Part 6.G.6.1.6.2 for
requirements.
6.G.6.2.4.2 Sediment and Erosion Control. (See also Part
4.2.7.2.2.1) See Part 6.G.6.1.6 for requirements.
6.G.6.2.4.3 Management of Runoff. (See also Part 4.2.7.2.2.2)
Also consider the potential pollutant sources as described in Part
6.G.6.2.3 (Summary of Potential Pollutant Sources) when determining
reasonable and appropriate measures for managing runoff.
6.G.6.2.4.4 Capping. See Part 6.G.6.1.7 for requirements.
6.G.6.2.4.5 Treatment. See Part 6.G.6.1.8 for requirements.
6.G.6.2.5 Comprehensive Site Compliance Evaluation. (See also Part
4.9)
Annual site compliance evaluations may be impractical for inactive
mining sites due to remote location/inaccessibility of the site; in
which case conduct the evaluation at least once every 3 years. Document
in the SWPPP why annual compliance evaluations are not possible. If the
evaluations will be conducted more often than every 3 years, specify
the frequency of evaluations.

6.G.7 Monitoring and Reporting Requirements. (See also Part 5)

6.G.7.1 Analytic Monitoring for Copper Ore Mining and Dressing
Facilities. Active copper ore mining and dressing facilities must
sample and analyze storm water discharges for the pollutants listed in
Table G-1.

Table G-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring for Copper Ore Mining and
Dressing Facilities
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be
subject to requirements for more Parameter Benchmark monitoring Numeric limitation
than one sector/subsector) cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Copper Ore Mining and Dressing Total Suspended Solids 100 mg/L. .......................
Facilities. (TSS). 0.68 mg/L...............
(SIC 1021).......................... Nitrate plus Nitrite 120 mg/L................
Nitrogen.
Chemical Oxygen Demand
(COD).
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.

6.G.7.2 Analytic Monitoring Requirements for Discharges From Waste
Rock and Overburden Piles at Active Ore Mining and Dressing
Facilities.For discharges from waste rock and overburden piles, perform
analytic monitoring at least once within the first year of permit
coverage for the parameters listed in Table G-2, and twice annually
thereafter for any parameters measured above the benchmark value (based
on the initial sampling event) listed in Table G-2. Permittees must
also conduct analytic monitoring twice annually for the parameters
listed in Table G-3. The twice annual samples must be collected once
between January 1 and June 30 and once between July 1 and December 31,
with at least 3 months separating the storm events. The director may,
however, notify you that you must perform additional monitoring to
accurately characterize the quality and quantity of pollutants
discharged from your waste rock/overburden piles. Monitoring
requirements for discharges from waste rock and overburden piles are
not eligible for the waivers in Part 5.3.2.

[[Page 64827]]

Table G-2.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring for Discharges From Waste Rock
and Overburden Piles From Active Ore Mining or Dressing Facilities
----------------------------------------------------------------------------------------------------------------
Part of permit affected/supplemental requirements--
-----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be
subject to requirements for more Parameter Benchmark monitoring cutoff Numeric
than one sector/subsector) concentration \1\ limitation
----------------------------------------------------------------------------------------------------------------
Iron Ores; Copper Ores; Lead and Total Suspended Solids 100 mg/L. ................
Zinc Ores; Gold and Silver Ores; (TSS). 5 NTUs above background.
Ferroalloy Ores Except Vanadium; Turbidity (NTUs).......... 6.0-9.0 standard units.
Miscellaneous Metal Ores (SIC pH........................ no benchmark value.
Codes 1011, 1021, 1031, 1041, Hardness (as CaCO3).......
1044, 1061, 1081, 1094, 1099).
See above, as applicable.......... Antimony, Total........... 0.636 mg/L.
Arsenic, Total............ 0.16854 mg/L.
Beryllium, Total.......... 0.13 mg/L.
Cadmium, Total (hardness 0.0159 mg/L.
dependent). 0.0636 mg/L.
Copper, Total (hardness 1.0 mg/L.
dependent). 0.0816 mg/L.
Iron, Total............... 1.0 mg/L.
Lead, Total (hardness 0.0024 mg/L.
dependent). 1.417 mg/L.
Manganese, Total.......... 0.2385 mg/L.
Mercury, Total............ 0.318 mg/L.
Nickel, Total (hardness 0.117 mg/L.
dependent).
Selenium, Total...........
Silver, Total (hardness
dependent).
Zinc, Total (hardness
dependent).
----------------------------------------------------------------------------------------------------------------
\1\ Monitor at least once during the first year of permit coverage, and twice annually thereafter for any
parameter that exceeds the benchmark value. Facilities that monitored for the full list of Table G-2
parameters during the previous permit need not sample the entire list again, however they must continue twice
annual monitoring for parameters that exceeded the benchmark values in the initial sampling event.

6.G.7.2.1 Additional Analytic Monitoring Requirements for
Discharges From Waste Rock and Overburden Piles.
Table G-3 contains additional monitoring requirements for specific
ore mine categories. Perform the monitoring twice annually using the
schedule established in Part 6.G.7.2. The initial sampling event for a
pollutant parameter required in Table G-2 satisfies the requirement for
the first sample of any pollutant measurement in Table G-3.

Table G-3.--Additional Monotoring Requirements for Discharges From Waste Rock and Overburden Piles From Active
Ore Mining or Dressing Facilities
----------------------------------------------------------------------------------------------------------------
Supplemental requirements--
-----------------------------------------------------------------------------------------------------------------
Pollutants of concern
-----------------------------------------------------------------
Type of Ore mined Total suspended
solids (TSS) pH Metals, total
----------------------------------------------------------------------------------------------------------------
Tungsten Ore.................................. X X Arsenic, Cadmium (H), Copper (H),
Lead (H), Zinc (H).
Nickel Ore.................................... X X Arsenic, Cadmium (H), Copper (H),
Lead (H), Zinc (H).
Aluminum Ore.................................. X X Iron.
Mercury Ore................................... X X Nickel (H).
Iron Ore...................................... X X Iron (Dissolved).
Platinum Ore.................................. ............... ........ Cadmium (H), Copper (H), Mercury,
Lead (H), Zinc (H).
Titanium Ore.................................. X X Iron, Nickel (H), Zinc (H).
Vanadium Ore.................................. X X Arsenic, Cadmium (H), Copper (H),
Zinc (H).
Copper, Lead, Zinc, Gold, Silver and X X Arsenic, Cadmium (H), Copper (H),
Molybdenum. Lead, Mercury, Zinc (H).
Uranium, Radium and Vanadium.................. X X Chemical Oxygen Demand, Arsenic,
Radium (Dissolved and Total),
Uranium, Zinc (H).
----------------------------------------------------------------------------------------------------------------
Note: (H) indicates that hardness must also be measured when this pollutant is measured.

6.G.7.2.2 Reporting Requirements Storm Water Discharges From Waste
Rock And Overburden Piles From Active Ore Mining or Dressing
Facilities. From active ore mining and dressing facilities, submit
monitoring results for each outfall discharging storm water from waste
rock and overburden piles, or certifications in accordance with Part 7.
Submit monitoring reports on discharge monitoring report (DMR) forms
postmarked no later than January 28 of the next year after the samples
were collected.

[[Page 64828]]

Table G-4.--Applicability of the Multi-Sector General Permit to Storm
Water Runoff From Active Ore (Metal) Mining and Dressing Sites
------------------------------------------------------------------------
Discharge/source of discharge Note/comment
------------------------------------------------------------------------
Piles
------------------------------------------------------------------------
Waste rock/overburden...................... If composed entirely of
storm water and not
combining with mine
drainage. See Note below.
Topsoil
------------------------------------------------------------------------
Roads constructed of waste rock or spent ore
------------------------------------------------------------------------
Onsite haul roads.......................... If composed entirely of
storm water and not
combining with mine
drainage. See Note below.
Offsite haul/access roads
------------------------------------------------------------------------
Roads not constructed of waste rock or spent ore
------------------------------------------------------------------------
Onsite haul roads.......................... Except if ``mine drainage''
is used for dust control.
Offsite haul/access roads
------------------------------------------------------------------------
Milling/concentrating
------------------------------------------------------------------------
Runoff from tailings dams/dikes when Except if process fluids
constructed of waste rock/tailings. are present and only if
composed entirely of storm
water and not combining
with mine drainage. See
Note below.
Runoff from tailings dams/dikes when not Except if process fluids
constructed of waste rock/tailings. are present.
Concentration building..................... If storm water only and no
contact with piles.
Mill site.................................. If storm water only and no
contact with piles.
------------------------------------------------------------------------
Ancillary areas
------------------------------------------------------------------------
Office/administrative building and housing. If mixed with storm water
from the industrial area.
Chemical storage area
Docking facility........................... Except if excessive contact
with waste product that
would otherwise constitute
``mine drainage''.
Explosive storage
Fuel storage (oil tanks/coal piles)
Vehicle/equipment maintenance area/building
Parking areas.............................. But coverage unnecessary if
only employee and visitor-
type parking.
Power plant
Truck wash area............................ Except when excessive
contact with waste product
that would otherwise
constitute ``mine
drainage''.
------------------------------------------------------------------------
Reclamation-related areas
------------------------------------------------------------------------
Any disturbed area (unreclaimed)........... Only if not in active
mining area.
Reclaimed areas released from reclamation
bonds prior to Dec. 17 1990.
Partially/inadequately reclaimed areas or
areas not released from reclamation bond.
------------------------------------------------------------------------
Note: Storm water runoff from these sources are subject to the NPDES
program for storm water unless mixed with discharges subject to the 40
CFR Part 440 that are not regulated by another permit prior to mixing.
Non-storm water 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 storm water
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 I.B. of the permit. Permit applicants bear
the initial responsibility for determining the applicable technology-
based standard for such discharges. EPA recommends that permit
applicants 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.

[[Page 64829]]

6.H Sector H--Coal Mines and Coal Mining Related Facilities

6.H.1 Covered Storm Water Discharges

The requirements in Part 6.H apply to storm water 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 1-1 of Part 1.2.1.

6.H.2 Industrial Activities Covered by Sector H

Storm water discharges from the following portions of coal mines
may be eligible for this permit:
6.H.2.1 Haul roads (nonpublic roads on which coal or coal refuse
is conveyed);
6.H.2.2 Access roads (nonpublic roads providing light vehicular
traffic within the facility property and to public roadways);
6.H.2.3 Railroad spurs, siding and internal haulage lines (rail
lines used for hauling coal within the facility property and to offsite
commercial railroad lines or loading areas);
6.H.2.4 Conveyor belts, chutes and aerial tramway haulage areas
(areas under and around coal or refuse conveyer areas, including
transfer stations); and
6.H.2.5 Equipment storage and maintenance yards, coal handling
buildings and structures, and inactive coal mines and related areas
(abandoned and other inactive mines, refuse disposal sites and other
mining-related areas).

6.H.3 Limitation on Coverage

6.H.3.1 Prohibition of Non-Storm Water Discharges. (See also Part
1.2.2.2) 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.
6.H.3.2 Discharges Subject to Storm Water Effluent Guidelines.
(See also Part 1.2.3.4) Not authorized by this permit: storm water
discharges subject to an existing effluent limitation guideline at 40
CFR Part 434.

6.H.4 Storm Water Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, you must also comply
with the requirements listed in Part 4 of the MSGP.
6.H.4.1 Other Applicable Regulations. Most active coal mining-
related areas (SIC Codes 1221-1241) are subject to sediment and erosion
control regulations of the U.S. Office of Surface Mining (OSM) that
enforces the Surface Mining Control and Reclamation Act (SMCRA). OSM
has granted authority to most coal producing states to implement SMCRA
through State SMCRA regulations. All SMCRA requirements regarding
control of storm water-related pollutant discharges must be addressed
in the SWPPP (directly or by reference).
6.H.4.2 Drainage Area Site Map. (See also Part 4.2.2.3) Also
identify where any of the following may be exposed to precipitation/
surface runoff: all applicable mining related areas described in Part
6.H.2; acidic spoil, refuse or unreclaimed disturbed areas, and liquid
storage tanks containing pollutants such as caustics, hydraulic fluids
and lubricants.
6.H.4.3 Potential Pollutant Sources. (See also Part 4.2.4)
Describe 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/spoil.
6.H.4.4 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1) As
part of your good housekeeping program, consider: using sweepers;
covered storage; watering haul roads to minimize dust generation; and
conserving vegetation (where possible) to minimize erosion.
6.H.4.5 Preventive Maintenance. (See also Part 4.2.7.2.1.3) Also
perform inspections of storage tanks and pressure lines of fuels,
lubricants, hydraulic fluid or slurry to prevent leaks due to
deterioration or faulty connections; or other equivalent measures.
6.H.4.6 Inspections of Active Mining-Related Areas and Inactive
Areas Under SMCRA Bond Authority. (See also Part 4.2.7.2.1.5) Perform
quarterly inspections of 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.
6.H.4.7 Sediment and Erosion Control. (See also Part 4.2.7.2.2.1)
As indicated in Part 6.H.4.1 above, SMCRA requirements regarding
sediment and erosion control measures are primary requirements of the
SWPPP for mining-related areas subject to SMCRA authority.
6.H.4.8 Comprehensive Site Compliance Evaluation. (See also Part
4.9.2) Include in your evaluation program, inspections for pollutants
entering the drainage system from activities located on or near coal
mining-related areas. Among the areas to be inspected: 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/structures; and inactive mines and
related areas.

6.H.6 Monitoring and Reporting Requirements. (See also Part 5)

Table H-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be
subject to requirements for more Parameter Benchmark monitoring Numeric limitation
than one sector/subsector) cutoff concentration 1
----------------------------------------------------------------------------------------------------------------
Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Coal Mines and Related Areas....... Total Recoverable Aluminum. 0.75 mg/L.
(SIC 1221-1241).................... Total Recoverable Iron..... 1.0 mg/L..............
Total Suspended Solids..... 100 mg/L. ............
----------------------------------------------------------------------------------------------------------------
1 Monitor once/quarter for the year 2 and year 4 Monitoring Years.

[[Page 64830]]

6.I Sector I--Oil and Gas Extraction and Refining

6.I.1 Covered Storm Water Discharges

The requirements in Part 6.I apply to storm water discharges
associated with industrial activity from Oil and Gas Extraction and
Refining facilities as identified by the SIC Codes specified under
Sector I in Table 1-1 of Part 1.2.1.

6.I.2 Industrial Activities Covered By Sector I

The types of activities that permittees under Sector I are
primarily engaged in are:
6.I.2.1 Oil and gas exploration, production, processing or
treatment operations, or transmission facilities;
6.I.2.2 Extraction and production of crude oil, natural gas, oil
sands and shale; the production of hydrocarbon liquids and natural gas
from coal; and associated oil field service, supply and repair
industries.

6.I.3 Limitations On Coverage

6.I.3.1 Prohibition of Storm Water Discharges. This permit does
not authorize contaminated storm water discharges from petroleum
refining or drilling operations that are subject to nationally
established BAT or BPT guidelines found at 40 CFR Parts 419 and 435,
respectively. Note: most contaminated discharges at petroleum refining
and drilling facilities are subject to these effluent guidelines and
are not eligible for coverage by this permit.
6.I.3.2 Prohibition of Non-Storm Water Discharges. Not authorized
by this permit: discharges of vehicle and equipment washwater,
including tank cleaning operations.
Alternatively, washwater discharges must be authorized under a
separate NPDES permit, or be discharged to a sanitary sewer in
accordance with applicable industrial pretreatment requirements.

6.I.4 Storm Water Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.I.4.1 Drainage Area Site Map. (See also Part 4.2.2.3) Identify
where any of the following may be exposed to precipitation/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.
6.I.4.2 Potential Pollutant Sources. (See also Part 4.2.4)
Also describe 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 RQ release that triggered the permit application
requirements; the nature of release (e.g., spill of oil from a drum
storage area); the 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); procedure
to clean up release; actions or procedures implemented to prevent or
improve response to a release; and remaining potential contamination of
storm water from release (taking into account human health risks, the
control of drinking water intakes and the designated uses of the
receiving water).
6.I.4.3 Inspections. (See also Part 4.2.7.2.1.5)
6.I.4.3.1 Inspection Frequency. Inspect all equipment and areas
addressed in the SWPPP at a minimum of 6-month intervals. Routinely
(but not less than quarterly) inspect equipment and vehicles which
store, mix (including all on and offsite mixing tanks) or transport
chemicals/hazardous materials (including those transporting supplies to
oil field activities).
6.I.4.3.2 Temporarily or Permanently Inactive Oil and Gas
Extraction Facilities. For these facilities that are remotely located
and unstaffed, perform the inspections at least annually.
6.I.4.4 Sediment and Erosion Control. (See also Part 4.2.7.2.2.1)
Unless covered by the General Permit for Construction Activity, the
additional sediment and erosion control requirements for well
drillings, and sand/shale mining areas include the following:
6.I.4.4.1 Site Description: Also include: a description 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; site drainage map, including approximate
slopes; and the name of all receiving waters. All sediment and erosion
control measures must be inspected once every seven days.
6.I.4.4.2 Vegetative Controls: Describe and implement vegetative
practices designed to preserve existing vegetation where attainable and
re-vegetate open areas as soon as practicable after grade drilling.
Consider the following (or equivalent measures): temporary or permanent
seeding, mulching, sod stabilization, vegetative buffer strips, tree
protection practices. Begin implementing appropriate vegetative
practices on all disturbed areas within 14 days following the last
activity in that area.
6.I.4.5 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
6.I.4.5.1 Vehicle and Equipment Storage Areas. Confine vehicles/
equipment awaiting or having undergone maintenance to designated areas
(as marked on site map). Describe and implement measures to minimize
contaminants from these areas (e.g., drip pans under equipment, indoor
storage, use of berms or dikes, or other equivalent measures).
6.I.4.5.2 Material and Chemical Storage Areas. Maintain these
areas in good conditions to prevent contamination of storm water.
Plainly label all hazardous materials.
6.I.4.5.3 Chemical Mixing Areas. (See also Part 4.4)
Describe and implement measures that prevent or minimize
contamination of storm water runoff from chemical mixing areas.

6.J Sector J--Mineral Mining and Dressing

6.J.1 Covered Storm Water Discharges

The requirements in Part 6.J apply to storm water discharges
associated with industrial activity from active and inactive mineral
mining and dressing facilities as identified by the SIC Codes specified
under Sector J in Table 1-1 of Part 1.2.1.

6.J.2 Industrial Activities Covered by Sector J

The types of activities that permittees under Sector J are
primarily engaged in are:
6.J.2.1 exploring for minerals (e.g., stone, sand, clay, chemical
and fertilizer minerals, non-metallic minerals, etc.), developing mines
and the mining of minerals; and
6.J.2.2 mineral dressing, and non-metallic mineral services.

6.J.3 Limitations on Coverage

Not authorized by this permit: most storm water discharges subject
to an existing effluent limitation guideline at 40 CFR part 436. The
exceptions to this limitation and which are therefore covered by the
MSGP-2000 are mine

[[Page 64831]]

dewatering discharges composed entirely of storm water or ground water
seepage from: construction sand and gravel, industrial sand, and
crushed stone mining facilities in Regions 1, 2, 3, 6, 8, 9, and 10.

6.J.4 Definitions

6.J.4.1 Mining Operation--typically consists of three-phases, any
one of which individually qualifies as a ``mining activity.'' The
phases are the exploration and construction phase, the active phase and
the reclamation phase.
6.J.4.2 Exploration and Construction Phase--entails exploration
and land disturbance activities to determine the financial viability of
a site. Construction includes the building of site access roads and
removal of overburden and waste rock to expose mineable minerals.
6.J.4.3 Active Phase--activities including each step from
extraction through production of a salable product.
6.J.4.4 Reclamation phase--activities intended to return the land
to its pre-mining state.

Note: The following definitions are not intended to supercede
the definitions of active and inactive mining facilities established
by 40 CFR 122.26(b)(14)(iii).

6.J.4.5 Active Mineral Mining Facility--a place where work or
other activity related to the extraction, removal or recovery of
minerals is being conducted. This definition does not include any land
where grading has returned the earth to a desired contour and
reclamation has begun.
6.J.4.6 Inactive Mineral Mining Facility--a site or portion of a
site where mineral mining and/or dressing occurred in the past but is
not an active facility as defined above, and where the inactive portion
is not covered by an active permit issued by the applicable State or
Federal government agency.
6.J.4.7 Temporarily Inactive Mineral Mining Facility--a site or
portion of a site where mineral mining and/or dressing 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 government agency.

6.J.5 Clearing, Grading and Excavation Activities

Clearing, grading and excavation activities being conducted as part
of the exploration and construction phase of a mineral mining operation
cannot be covered under this permit if these activities will disturb
one or more acre of land. Instead, coverage for these activities must
be under the latest version of EPA's General Permit for Storm Water
Discharges from Construction Activities (the ``Construction General
Permit;'' Federal Register, Vol. 63, p. 7858) and, for Region 6,
Federal Register, Vol. 63, p. 36490), or an individual construction
permit. If the area of disturbance during the initial phase is less
than one acre, you must continue to comply with the requirements of the
MSGP-2000.
6.J.5.1 Obtaining Coverage Under the Construction General Permit.
If the one-acre limit as described in Part 6.J.5 is attained, coverage
for these activities must be under the latest version of EPA's
Construction General Permit (or individual permit). You must first
obtain and comply with the Construction General Permit's requirements
before submitting the separate Construction General Permit Notice of
Intent (NOI) form (EPA Form 3510-9). The February 17, 1998 version of
the permit can be downloaded from the EPA's Web Site at http://
www.epa.gov/owm/sw/construction/cgp/cgp-nat.pdf or obtained from the
Office of Water Resource Center at (202) 260-7786. The NOI form is also
available from the Web Site at http://www.epa.gov/owm/sw/construction/
connoi.pdf or from your EPA Regional office at the address listed under
Part 8.3. Discharges in compliance with the provisions of the
Construction General Permit are also authorized under the MSGP.
6.J.5.2 Cessation of Exploration and Construction Activities. If
exploration phase clearing, grading and excavation activities are
completed and no further mining activities will occur at the site, you
must comply with the requirements for terminating the Construction
General Permit, i.e., stabilize and revegetate the disturbed land,
submit a Notice of Termination, etc. If active mining operations will
ensue, you must apply for coverage under the MSGP-2000 for your storm
water discharges and be prepared to implement any new requirements
prior to beginning the active phase. It is recommended you terminate
your coverage under the construction general permit, but you are not
required to do so. If you choose to not terminate, you will be
responsible for complying with all permit conditions of the
construction permit in addition to those of the MSGP-2000. The Notice
of Termination form is available in Addendum F to this permit and at
http://www.epa.gov/owm/sw/industry/msgp/notform.pdf.

6.J.6 Storm Water Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, you must also comply
with the requirements listed in Part 4 of the MSGP.
6.J.6.1 Inspections. (See also Part 4.2.7.2.1.5) Conduct quarterly
visual inspections of all BMPs at active mining facilities. At
temporarily or permanently inactive facilities, perform annual
inspections. Include in your inspection program: assessment of the
integrity of storm water discharge diversions, conveyance systems,
sediment control and collection systems and containment structures;
inspections to determine if soil erosion has occurred at, or as a
result of vegetative BMPs, serrated slopes and benched slopes;
inspections of material handling and storage areas and other potential
sources of pollution for evidence of actual or potential discharges of
contaminated storm water.

6.J.7 Monitoring and Reporting Requirements. (See also Part 5)

Table J-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be
subject to requirements for more Parameter Benchmark monitoring Numeric limitation \2\
than one sector/subsector) cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Mine Dewatering Activities at Total Suspended Solids. ........................ 25 mg/L, monthly avg.
Construction Sand and Gravel; pH..................... 45 mg/L, daily max
Industrial Sand; and Crushed Stone 6.0-9.0
Mining Facilities (SIC 1422-1429,
1442, 1446).
Sand and Gravel Mining (SIC 1442, Nitrate plus Nitrogen.. 0.68 mg/L. .......................
1446). Total Suspended Solids. 100 mg/L................

[[Page 64832]]

Dimension and Crushed Stone and Total Suspended Solids. 100 mg/L. .......................
Nonmetallic Minerals (except fuels)
(SIC 1411, 1422-1429, 1481, 1499).
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.
\2\ Monitor once/year for Each Monitoring Year.

6.K Sector K--Hazardous Waste Treatment, Storage or Disposal
Facilities

6.K.1 Covered Storm Water Discharges

The requirements in Part 6.K apply to storm water discharges
associated with industrial activity from Hazardous Waste Treatment,
Storage or Disposal facilities as identified by the Activity Code
specified under Sector K in Table 1-1 of Part 1.2.1.

6.K.2 Industrial Activities Covered by Sector K

This permit authorizes storm water discharges associated with
industrial activity from facilities that treat, store or dispose of
hazardous wastes, including those that are operating under interim
status or a permit under subtitle C of RCRA.

6.K.3 Limitations on Coverage

For facilities located in Region 6, coverage is limited to
Hazardous Waste Treatment Storage or Disposal Facilities (TSDF's) that
are self-generating or handle residential wastes only and to those
facilities that only store hazardous wastes and do not treat or
dispose. Those permits are issued by EPA Region 6 for Louisiana
(LAR05*###), New Mexico (NMR05*###), Oklahoma (OKR05*###), and Federal
Indian Reservations in these States (LAR05*##F, NMR05*##F, OKR05*##F,
or TXR05*##F). Coverage under this permit is not available to
commercial hazardous waste disposal/treatment facilities located in
Region 6 that dispose and treat on a commercial basis any produced
hazardous wastes (not their own) as a service to generators.
6.K.3.1 Prohibition of Non-Storm Water Discharges. (See also Part
1.2.3.1) Not authorized by this permit: leachate, gas collection
condensate, drained free liquids, contaminated ground water,
laboratory-derived wastewater and contact washwater from washing truck
and railcar exteriors and surface areas which have come in direct
contact with solid waste at the landfill facility.

6.K.4 Definitions

6.K.4.1 Contaminated storm water--storm water which comes in
direct contact with landfill wastes, the waste handling and treatment
areas, or landfill wastewater as defined in Part 6.K.4.5. Some specific
areas of a landfill that may produce contaminated storm water 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.
6.K.4.2 Drained free liquids--aqueous wastes drained from waste
containers (e.g., drums, etc.) prior to landfilling.
6.K.4.3 Land treatment facility--a facility or part of a facility
at which hazardous waste is applied onto or incorporated into the soil
surface; such facilities are disposal facilities if the waste will
remain after closure.
6.K.4.4 Landfill--an area of land or an excavation in which wastes
are placed for permanent disposal, that is not a land application or
land treatment unit, surface impoundment, underground injection well,
waste pile, salt dome formation, a salt bed formation, an underground
mine or a cave as these terms are defined in 40 CFR 257.2, 258.2 and
260.10.
6.K.4.5 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 storm water, contaminated groundwater, 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 storm water and contact
washwater from washing truck, equipment, and railcar exteriors and
surface areas which have come in direct contact with solid waste at the
landfill facility.
6.K.4.6 Leachate--liquid that has passed through or emerged from
solid waste and contains soluble, suspended, or miscible materials
removed from such waste.
6.K.4.7 Non-contaminated storm water--storm water which does not
come into direct contact with landfill wastes, the waste handling and
treatment areas, or landfill wastewater as defined in Part 6.K.4.5.
Non-contaminated storm water includes storm water which flows off the
cap, cover, intermediate cover, daily cover, and/or final cover of the
landfill.
6.K.4.8 Pile--any non-containerized accumulation of solid,
nonflowing hazardous waste that is used for treatment or storage and
that is not a containment building.
6.K.4.9 Surface impoundment--a facility or part of a facility
which is a natural topographic depression, man-made excavation or diked
area formed primarily of earthen materials (although it may be lined
with man-made materials), which is designed to hold an accumulation of
liquid wastes or wastes containing free liquids, and which is not an
injection well. Examples of surface impoundments are holding, storage,
settling, and aeration pits, ponds and lagoons.

6.K.5 Numeric Limitations, Monitoring and Reporting Requirements.
(See also Part 5)

[[Page 64833]]

Table K-1.--Sector-Specific Numeric Effluent Limitations and Benchmark and Compliance Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be subject
to requirements for more than one Parameter Benchmark monitoring Numeric limitation 2
sector/subsector) cutoff concentration 1
----------------------------------------------------------------------------------------------------------------
Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
ALL--Industrial Activity Code........ Ammonia................ 19.0 mg/L .......................
``HZ'' (Note: permit coverage limited
in some States).
Total Recoverable 0.0636 mg/L .......................
Magnesium.
Chemical Oxygen Demand 120.0 mg/L .......................
(COD).
Total Recoverable 0.16854 mg/L .......................
Arsenic.
Total Recoverable 0.0159 mg/L .......................
Cadmium.
Total Cyanide.......... 0.0636 mg/L .......................
Total Recoverable Lead. 0.0816 mg/L .......................
Total Recoverable 0.0024 mg/L .......................
Mercury.
Total Recoverable 0.2385 mg/L .......................
Selenium.
Total Recoverable 0.0318 mg/L .......................
Silver.
ALL--Industrial Activity Code........ BOD5................... ....................... 220 mg/l, daily max.
``HZ'' Subject to the Provisions of 56 mg/l, monthly avg.
40 CFR Part 445 Subpart A. maximum.
TSS.................... ....................... 88 mg/l, daily max.
27 mg/l, monthly avg.
maximum.
Ammonia................ ....................... 10 mg/l, daily maximum.
4.9 mg/l, monthly avg.
maximum.
Alpha Terpineol........ ....................... 0.042 mg/l, daily max.
0.019 mg/l, monthly
avg. maximum.
Aniline................ ....................... 0.024 mg/l, daily max.
0.015 mg/l, monthly
avg. maximum.
Benzoic Acid........... ....................... 0.119 mg/l, daily max.
0.073 mg/l, monthly
avg. maximum.
Naphthalene............ ....................... 0.059 mg/l, daily max.
0.022 mg/l, monthly
avg. maximum.
p-Cresol............... ....................... 0.024 mg/l, daily max.
0.015 mg/l, monthly
avg. maximum.
Phenol................. ....................... 0.048 mg/l, daily max.
0.029 mg/l, monthly
avg. maximum.
Pyridine............... ....................... 0.072 mg/l, daily max.
0.025 mg/l, monthly
avg. maximum.
Arsenic (Total)........ ....................... 1.1 mg/l, daily
maximum.
0.54 mg/l, monthly avg.
maximum.
Chromium (Total)....... ....................... 1.1 mg/l, daily
maximum.
0.46 mg/l, monthly avg.
maximum.
Zinc (Total)........... ....................... 0.535 mg/l, daily max.
0.296 mg/l, monthly
avg. maximum.
pH..................... ....................... Within the range of 6-9
pH units.
----------------------------------------------------------------------------------------------------------------
1 These benchmark monitoring cutoff concentrations apply to storm water discharges associated with industrial
activity other than contaminated storm water discharges from landfills subject to the numeric effluent
limitations set forth in Table K-1. Monitor once/quarter for the year 2 and year 4 monitoring years.
2 As set forth at 40 CFR Part 445 Subpart A, these numeric limitations apply to contaminated storm water
discharges from hazardous 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 facilities described below:
(a) Landfills operated in conjunction with other industrial or commercial operations when the landfill only
receives 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 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 the other
wastes received are of similar nature to the wastes generated by the industrial or commercial operation;

[[Page 64834]]

(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.

For the discharges subject to the numeric effluent limitations,
monitoring for the specified parameters is required once/year during
each year of the term of the permit.

6.L Sector L--Landfills, Land Application Sites and Open Dumps

6.L.1 Covered Storm Water Discharges

The requirements in Part 6.L apply to storm water discharges
associated with industrial activity from Landfills and Land Application
Sites and Open Dumps as identified by the Activity Codes specified
under Sector L in Table 1-1 of Part 1.2.1.

6.L.2 Industrial Activities Covered by Sector L

This permit may authorize storm water discharges for Sector L
facilities associated with waste disposal at landfills, land
application sites and open dumps that receive or have received
industrial waste, including sites subject to regulation under Subtitle
D of RCRA.

6.L.3 Limitations on Coverage

6.L.3.1 Prohibition of Non-Storm Water Discharges. (See also Part
1.2.3.1)
Not authorized by this permit: leachate, gas collection condensate,
drained free liquids, contaminated ground water, laboratory wastewater,
and contact washwater from washing truck and railcar exteriors and
surface areas which have come in direct contact with solid waste at the
landfill facility.

6.L.4 Definitions

6.L.4.1 Contaminated storm water--storm water which comes in
direct contact with landfill wastes, the waste handling and treatment
areas, or landfill wastewater. Some specific areas of a landfill that
may produce contaminated storm water 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.
6.L.4.2 Drained free liquids--aqueous wastes drained from waste
containers (e.g., drums, etc.) prior to landfilling.
6.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 storm water, contaminated groundwater, and wastewater
from recovery pumping wells. Landfill process wastewater includes, but
is not limited to, leachate, gas collection condensate, drained free
liquids, laboratory derived wastewater, contaminated storm water and
contact washwater from washing truck, equipment and railcar exteriors
and surface areas which have come in direct contact with solid waste at
the landfill facility.
6.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.
6.L.4.5 Non-contaminated storm water--storm water which does not
come in direct contact with landfill wastes, the waste handling and
treatment areas, or landfill wastewater. Non-contaminated storm water
includes storm water which flows off the cap, cover, intermediate
cover, daily cover, and/or final cover of the landfill.

6.L.5 Storm Water Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.L.5.1 Drainage Area Site Map. (See also Part 4.2.2.3)
Identify where any of the following may be exposed to
precipitation/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, leachate collection and handling systems.
6.L.5.2 Summary of Potential Pollutant Sources. (See also Part
4.2.4)
Describe the following sources and activities that have potential
pollutants associated with them: fertilizer, herbicide and pesticide
application; earth/soil moving; waste hauling and loading/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; failure or leaks from leachate
collection and treatment systems.
6.L.5.3 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
As part of your good housekeeping program, consider providing
protected storage areas for pesticides, herbicides, fertilizer and
other significant materials.
6.L.5.4 Preventative Maintenance Program. (See also Part 4.2.7.1)
As part of your preventive maintenance program, maintain: all
containers used for outdoor chemical/significant materials storage to
prevent leaking; all elements of leachate collection and treatment
systems to prevent commingling of leachate with storm water; 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).
6.L.5.5 Inspections.
6.L.5.5.1 Inspections of Active Sites. (See also Part 4.2.7.2.1.5)
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/wastes that are exposed to precipitation,
stabilization and structural control measures, leachate collection and
treatment systems, and locations where equipment and waste trucks
enter/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 seasonally arid
(annual rainfall averages from 0 to 10 inches) or semi-arid (annual
rainfall averages from 10 to 20 inches), conduct inspections at least
once every month.
6.L.5.5.2 Inspections of Inactive Sites. (See also Part
4.2.7.2.1.5) 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 and leachate collection and treatment systems, and all closed
land application areas.
6.L.5.6 Recordkeeping and Internal Reporting. Implement a tracking
system for the types of wastes disposed of in each cell or trench of a
landfill or open dump. For land application sites, track

[[Page 64835]]

the types and quantities of wastes applied in specific areas.
6.L.5.7 Non-Storm Water Discharge Test Certification. (See also
Part 4.) The discharge test and certification must also be conducted
for the presence of leachate and vehicle washwater.
6.L.5.8 Sediment and Erosion Control Plan. (See also Part
4.2.7.2.2.1) Provide temporary stabilization (e.g., consider temporary
seeding, mulching and placing geotextiles on the inactive portions of
stockpiles): for materials stockpiled for daily, intermediate and final
cover; for inactive areas of the landfill or open dump; for any
landfill or open dump area that have gotten final covers but where
vegetation has yet to established itself; and where waste application
has been completed at land application sites but final vegetation has
not yet been established.
6.L.5.9 Comprehensive Site Compliance Evaluation. (See also Part
4.9.2) Evaluate areas contributing to a storm water discharge
associated with industrial activities at landfills, open dumps and land
application sites for evidence of, or the potential for, pollutants
entering the drainage system.

6.L.6 Numeric Limitations, Monitoring and Reporting Requirements.
(See also Part 5)

Table L-1.--Sector-Specific Numeric Effluent Limitations and Benchmark and Compliance Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be
subject to requirements for more Parameter Benchmark monitoring Numeric limitation \2\
than one sector/subsector) cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
Section of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
All Landfill, Land Application Sites Total Suspended Solids 100 mg/L................
and Open Dumps (Industrial Activity (TSS).
Code ``LF'').
All Landfill, Land Application Sites Total Recoverable Iron. 1.0mg/L.................
and Open Dumps, Except Municipal
Solid Waste Landfill (MSWLF) Areas
Closed in Accordance with 40 CFR
258.60 (Industrial Activity Code
``LF'').
All Landfills Which are Subject to BOD5................... ........................ 140 mg/1, daily max.
the Requirements of 40 CFR Part 445 37 mg/1, monthly ave
Subpart B (Industrial Activity Code maximum
``LF'').
TSS.................... ........................ 88 mg/l, daily max.
27 mg/1, monthly ave
maximum.
Ammonia................ ........................ 10 mg/1, daily max.
4.9 mg/1, monthly ave
maximum.
Alpha Terpineol........ ........................ 0.033 mg/1, daily max.
0.016 mg/1, monthly ave
maximum.
Benzoic Acid........... ........................ 0.12 mg/1, daily max.
0.071 mg/1, monthly ave
maximum.
p-Cresol............... ........................ 0.025 mg/1, daily max.
0.014 mg/1, monthly ave
maximum.
Phenol................. ........................ 0.026 mg/1, daily max.
0.015 mg/1, monthly ave
maximum.
Zinc (Total)........... ........................ 0.20 mg/1, daily max.
0.11 mg/1, monthly ave
maximum.
pH..................... ........................ Within the range of 6-9
pH units.
----------------------------------------------------------------------------------------------------------------
\1\ These benchmark monitoring cutoff concentrations apply to storm water discharges associated with industrial
activity other than contaminated storm water discharges from landfills subject to the numeric effluent
limitations set forth in Table L-1. Monitor once/quarter for the year 2 and year 4 monitoring years.
\2\ As set forth at 40 CFR Part 445 Subpart B, these numeric limitations apply to contaminated storm water
discharges from MSWLFs which have not been closed in accordance with 40 CFR 258.60, and contaminated storm
water discharges from those landfills which are subject to the provisions of 40 CFR Part 257 except for
discharges from any of facilities described in (a) through (d) below:
(a) landfills operated in conjunction with other industrial or commercial operations when the landfill only
receives wastes generated by the 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 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 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.

[[Page 64836]]

For the discharges subject to the numeric effluent limitations,
monitoring for the specified parameters is required once/year during
each year of the term of the permit.

6.M Sector M--Automobile Salvage Yards

6.M.1 Covered Storm Water Discharges

The requirements in Part 6.M apply to storm water discharges
associated with industrial activity from Automobile Salvage Yards as
identified by the Activity Code specified under Sector M in Table 1-1
of Part 1.2.1.

6.M.2 Industrial Activities Covered by Sector M

The types of activities that permittees under Sector M are
primarily engaged in are dismantling or wrecking used motor vehicles
for parts recycling/resale and for scrap.

6.M.3 Storm Water Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.M.3.1 Drainage Area Site Map. (See also Part 4.2.2.3) Indicate
the location of each monitoring point, and estimate the total acreage
used for industrial activity including, but not limited to,
dismantling, storage and maintenance of used motor vehicle parts. Also
identify where any of the following may be exposed to precipitation/
surface runoff: Dismantling areas; parts (e.g., engine blocks, tires,
hub caps, batteries, hoods, mufflers) storage areas; liquid storage
tanks and drums for fuel and other fluids.
6.M.3.2 Potential Pollutant Sources. (See also Part 4.2.4) Assess
the potential for the following to contribute pollutants to storm water
discharges: Vehicle storage areas; dismantling areas; parts storage
area (e.g., engine blocks, tires, hub caps, batteries, hoods,
mufflers); fueling stations.
6.M.3.3 Spill and Leak Prevention Procedures. (See also Part
4.2.7.2.1.4) Drain vehicles intended to be dismantled of all fluids
upon arrival at the site (or as soon thereafter as feasible); or employ
some other equivalent means to prevent spills/leaks.
6.M.3.4 Inspections. (See also Part 4.2.7.2.1.5) Immediately (or
as soon thereafter as feasible) inspect vehicles arriving at the site
for leaks. Inspect quarterly for signs of leakage, all equipment
containing oily parts, hydraulic fluids or any other types of fluids.
Also inspect quarterly for signs of leakage, all vessels and areas
where fluids are stored, including, but not limited to, brake fluid,
transmission fluid, radiator water and antifreeze.
6.M.3.5 Employee Training. (See also Part 4.2.7.2.1.6) 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 and
solvents.
6.M.3.6 Management of Runoff. (See also Part 4.2.7.2.2.2)
Consider the following management practices: 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 the installation of filtering devices and oil/water
separators.

6.M.4 Monitoring and Reporting Requirements. (See also Part 5)

Table M-1.--Sector-Specific Numeric Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be subject
to requirements for more than one Parameter Benchmark monitoring Numeric limitation
sector/subsector) cutoff concentration 1
----------------------------------------------------------------------------------------------------------------
Sector of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Automobile Salvage Yards (SIC 5015).. Total Suspended Solids 100.0 mg/L.
(TSS). 0.75 mg/L..............
Total Recoverable 1.0 mg/L...............
Aluminum. 0.0816 mg/L. ..........
Total Recoverable Iron.
Total Recoverable Lead.
----------------------------------------------------------------------------------------------------------------
1 Monitor once/quarter for the year 2 and year 4 monitoring years.

6.N Sector N--Scrap Recycling and Waste Recycling Facilities

6.N.1 Covered Storm Water Discharges

The requirements in Part N apply to storm water discharges
associated with industrial activity from Scrap Recycling and Waste
Recycling facilities as identified by the SIC Codes specified under
Sector N in Table 1-1 of Part 1.2.1.

6.N.2 Industrial Activities Covered by Sector N

The types of activities that permittees under Sector N are
primarily engaged in are:
6.N.2.1 processing, reclaiming and wholesale distribution of scrap
and waste materials such as ferrous and nonferrous metals, paper,
plastic, cardboard, glass, animal hides;
6.N.2.2 reclaiming and recycling liquid wastes such as used oil,
antifreeze, mineral spirits and industrial solvents.

6.N.3 Coverage Under This Permit

Separate permit requirements have been established for recycling
facilities that only receive source-separated recyclable materials
primarily from non-industrial and residential sources (i.e., common
consumer products including paper, newspaper, glass, cardboard, plastic
containers, aluminum and tin cans). This includes recycling facilities
commonly referred to as material recovery facilities (MRF).
6.N.3.1 Prohibition of Non-Storm Water Discharges. (See also Part
1.2.2.2) Not covered by this permit: non-storm water discharges from
turnings containment areas (see also Part 6.N.5.1.3). Discharges from
containment areas in the absence of a storm event are prohibited unless
covered by a separate NPDES permit.

6.N.4 Storm Water Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, you must also comply
with the requirements listed in Part 4 of the MSGP. Part 6.N.4.1
contains a requirement that applies to all recycling facilities and is
followed by Parts 6.N.4.2 to 6.N.4.4.4, which have requirements for
specific types of

[[Page 64837]]

recycling facilities. Implement and describe in your SWPPP a program to
address those items that apply. Included are lists of BMP options
which, along with any functional equivalents, should be considered for
implementation. Selection or deselection of a particular BMP or
approach is up to the best professional judgement of the operator, as
long as the objective of the requirement is met.
6.N.4.1 Drainage Area Site Map. (See also Part 4.2.2.3)
Identify the locations of any of the following activities or
sources which may be exposed to precipitation/surface runoff: scrap and
waste material storage, outdoor scrap and waste processing equipment,
and containment areas for turnings exposed to cutting fluids.
6.N.4.2 Scrap and Waste Recycling Facilities (Non-Source
Separated, Non-Liquid Recyclable Materials). Requirements for
facilities that receive, process and do wholesale distribution of non-
liquid recyclable wastes (e.g., ferrous and nonferrous metals,
plastics, glass, cardboard and paper). These facilities may receive
both non recyclable and recyclable materials. This section is not
intended for those facilities that only accept recyclables from
primarily non-industrial and residential sources.
6.N.4.2.1 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. BMP options: (a) Provide information/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), prior to delivery to your
facility; (b) procedures to minimize the potential of any residual
fluids from coming into contact with precipitation/runoff; (c)
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 N.5.1.6); (d) training targeted for those personnel
engaged in the inspection and acceptance of inbound recyclable
materials. In addition, (e) liquid wastes, including used oil, must be
stored in materially compatible and non-leaking containers and disposed
or recycled in accordance with RCRA.
6.N.4.2.2 Scrap and Waste Material Stockpiles/Storage (Outdoor).
Minimize contact of storm water runoff with stockpiled materials,
processed materials and non-recyclable wastes. BMP options: (a)
Permanent or semi-permanent covers; (b) to facilitate settling or
filtering of pollutants: sediment traps, vegetated swales and strips,
catch basin filters and sand filters; (c) divert runoff away from
storage areas via dikes, berms, containment trenches, culverts and
surface grading; (d) silt fencing; (e) oil/water separators, sumps and
dry absorbents for areas where potential sources of residual fluids are
stockpiled (e.g., automobile engine storage areas).
6.N.4.2.3 Stockpiling of Turnings Exposed to Cutting Fluids
(Outdoor). Minimize contact of surface runoff with residual cutting
fluids. BMP options (use singularly or in combination): (a) Store all
turnings exposed to cutting fluids under some form of permanent or
semi-permanent cover. Storm water discharges from these areas are
permitted provided the runoff is first treated by an oil/water
separator or its equivalent. Identify procedures to collect, handle and
dispose/recycle residual fluids which may be present; (b) establish
dedicated containment areas for all turnings that have been exposed to
cutting fluids. Storm water runoff from these areas can be discharged
provided: The containment areas are constructed of either concrete,
asphalt or other equivalent types of impermeable material; there is a
barrier around the perimeter of the containment areas (e.g., berms,
curbing, elevated pads, etc.) to prevent contact with storm water run-
on; there is a drainage collection system for runoff generated from
containment areas; you have a schedule to maintain the oil/water
separator (or its equivalent); and you identify procedures for properly
disposing or recycling collected residual fluids.
6.N.4.2.4 Scrap and Waste Material Stockpiles/Storage (Covered or
Indoor Storage). Minimize contact of residual liquids and particulate
matter from materials stored indoors or under cover with surface
runoff. BMP options: (a) Good housekeeping measures including the use
of dry absorbent or wet vacuuming to contain or dispose/recycle
residual liquids originating from recyclable containers; (b) not
allowing washwater from tipping floors or other processing areas to
discharge to the storm sewer system; (c) disconnect or seal off all
floor drains connected to the storm sewer system.
6.N.4.2.5 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, etc.). BMP options:
(a) Regularly inspect equipment for spills/leaks, and malfunctioning/
worn/corroded parts or equipment; (b) a preventive maintenance program
for processing equipment; (c) use of dry-absorbents or other cleanup
practices to collect and dispose/recycle spilled/leaking fluids; (e) on
unattended hydraulic reservoirs over 150 gallons in capacity, install
such protection devices as low-level alarms or other equivalent
devices, or, alternatively, secondary containment that can hold the
entire volume of the reservoir; (f) containment or diversion structures
such as dikes, berms, culverts, trenches, elevated concrete pads,
grading to minimize contact of storm water runoff with outdoor
processing equipment or stored materials; (g) oil/water separators or
sumps; (h) permanent or semi-permanent covers in processing areas where
there are residual fluids and grease; (i) retention/detention ponds or
basins; sediment traps, vegetated swales or strips (for pollutant
settling/filtration); (j) catch basin filters or sand filters.
6.N.4.2.6 Scrap Lead-Acid Battery Program. Properly handle, store
and dispose of scrap lead-acid batteries. BMP options: (a) Segregate
scrap lead-acid batteries from other scrap materials; (b) proper
handling, storage and disposal of cracked or broken batteries; (c)
collect and dispose leaking lead-acid battery fluid; (d) minimize/
eliminate (if possible) exposure of scrap lead-acid batteries to
precipitation or runoff; (e) employee training for the management of
scrap batteries.
6.N.4.2.7 Spill Prevention and Response Procedures. (See also
Part 4.2.7.2.1.4) Minimize storm water contamination at loading/
unloading areas, and from equipment or container failures. BMP options:
(a) Prevention and response measures for areas that are potential
sources of fluid leaks/spills; (b) immediate containment and clean up
of spills/leaks. If malfunctioning equipment is responsible for the
spill/leak, repairs should also be conducted as soon as possible; (c)
cleanup measures including the use of dry absorbents. If this method is
employed, there should be an adequate supply of dry absorbent materials
kept onsite and used absorbent must be properly disposed of; (d) store
drums containing liquids--especially oil and lubricants--either:
Indoors, in a bermed area, in overpack containers or spill pallets, or

[[Page 64838]]

in other containment devices; (e) install overfill prevention devices
on fuel pumps or tanks; (f) place drip pans or equivalent measures
under leaking stationary equipment until the leak is repaired. The drip
pans should be inspected for leaks and potential overflow and all
liquids must be properly disposed of (as per RCRA); (g) install alarms
and/or pump shut off 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.
6.N.4.2.8 Quarterly Inspection Program. (See also Part
4.2.7.2.1.5) Inspect all designated areas of the facility and equipment
identified in the plan quarterly.
6.N.4.2.9 Supplier Notification Program. As appropriate, notify
major suppliers which scrap materials will not be accepted at the
facility or are only accepted under certain conditions.
6.N.4.3 Waste Recycling Facilities (Liquid Recyclable Materials).
6.N.4.3.1 Waste Material Storage (Indoor). Minimize/eliminate
contact between residual liquids from waste materials stored indoors
and surface runoff. The plan may refer to applicable portions of other
existing plans such as SPCC plans required under 40 CFR Part 112. BMP
options: (a) procedures for material handling (including labeling and
marking); (b) clean up spills/leaks with dry-absorbent materials or a
wet vacuum system; (c) appropriate containment structures (trenching,
curbing, gutters, etc.); (d) 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, 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.
6.N.4.3.2 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. Discharges of precipitation from
containment areas containing used oil must also be in accordance with
applicable sections of 40 CFR Part 112. BMP options: (a) appropriate
containment structures (e.g., dikes, berms, curbing, pits) to store the
volume of the largest tank with sufficient extra capacity for
precipitation; (b) drainage control and other diversionary structures;
(c) for storage tanks, provide corrosion protection and/or leak
detection systems; (d) use dry-absorbent materials or a wet vacuum
system to collect spills.
6.N.4.3.3 Trucks and Rail Car Waste Transfer Areas. Minimize
pollutants in discharges from truck and rail car loading/unloading
areas. Include measures to clean up minor spills/leaks resulting from
the transfer of liquid wastes. BMP options: (a) containment and
diversionary structures to minimize contact with precipitation or
runoff; (b) use dry-clean up methods, wet vacuuming, roof coverings, or
runoff controls.
6.N.4.3.4 Quarterly Inspections. (See also Part 4.2.7.2.1.5) At a
minimum, the inspections must also include all areas where waste is
generated, received, stored, treated or disposed and that are exposed
to either precipitation or storm water runoff.
6.N.4.4 Recycling Facilities (Source Separated Materials). The
following identifies considerations for facilities that receive only
source-separated recyclables, primarily from non-industrial and
residential sources.
6.N.4.4.1 Inbound Recyclable Material Control. Minimize the chance
of accepting non-recyclables (e.g., hazardous materials) which could be
a significant source of pollutants by conducting inspections of inbound
materials. BMP options: (a) information/education measures to inform
suppliers of recyclables which materials are acceptable and which are
not; (b) training drivers responsible for pickup of recycled material;
(c) clearly marking public drop-off containers regarding which
materials can be accepted; (d) reject non-recyclable wastes or
household hazardous wastes at the source; (e) procedures for handling
and disposal of non-recyclable material.
6.N.4.4.2 Outdoor Storage. Minimize exposure of recyclables to
precipitation and runoff. Use good housekeeping measures to prevent
accumulation of particulate matter and fluids, particularly in high
traffic areas. Other BMP options: (a) provide totally-enclosed drop-off
containers for the public; (b) install a sump/pump with each container
pit and treat or discharge collected fluids to a sanitary sewer system;
(c) provide dikes and curbs for secondary containment (e.g., around
bales of recyclable waste paper); (d) divert surface water runoff away
from outside material storage areas; (e) provide covers over
containment bins, dumpsters, roll-off boxes; (f) store the equivalent
one days's volume of recyclable material indoors.
6.N.4.4.3 Indoor Storage and Material Processing. Minimize the
release of pollutants from indoor storage and processing areas. BMP
options: (a) schedule routine good housekeeping measures for all
storage and processing areas; (b) prohibit tipping floor washwater from
draining to the storm sewer system; (c) provide employee training on
pollution prevention practices.
6.N.4.4.4 Vehicle and Equipment Maintenance. BMP options for those
areas where vehicle and equipment maintenance are occurring outdoors:
(a) prohibit vehicle and equipment washwater from discharging to the
storm sewer system; (b) minimize or eliminate outdoor maintenance areas
whenever possible; (c) establish spill prevention and clean-up
procedures in fueling areas; (d) avoid topping off fuel tanks; (e)
divert runoff from fueling areas; (f) store lubricants and hydraulic
fluids indoors; (g) provide employee training on proper handling,
storage of hydraulic fluids and lubricants.

6.N.5 Monitoring and Reporting Requirements. (See also Part 5)

[[Page 64839]]

Table N-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be
subject to requirements for more Parameter Benchmark monitoring Numeric limitation
than one sector/subsector) cutoff concentration\1\
----------------------------------------------------------------------------------------------------------------
Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Scrap Recycling Facility (SIC 5093). Chemical Oxygen Demand 120 mg/L.
(COD). 100 mg/L................
Total Suspended Solids 0.75 mg/L...............
(TSS). 0.0636 mg/L.............
Total Recoverable 1.0 mg/L................
Aluminum. 0.0816 mg/L.............
Total Recoverable 0.117 mg/L. ............
Copper.
Total Recoverable Iron.
Total Recoverable Lead.
Total Recoverable Zinc.
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.

6.O Sector O--Steam Electric Generating Facilities

6.O.1 Covered Storm Water Discharges

The requirements in Part 6.O apply to storm water discharges
associated with industrial activity from Steam Electric Power
Generating Facilities as identified by the Activity Code specified
under Sector O in Table 1-1 of Part 1.2.1.

6.O.2 Industrial Activities Covered by Sector O

This permit authorizes storm water discharges from the following
industrial activities at Sector O facilities:
6.O.2.1 Steam electric power generation using coal, natural gas,
oil, nuclear energy, etc. to produce a steam source, including coal
handling areas;
6.O.2.2 Coal pile runoff, including effluent limitations
established by 40 CFR Part 423;
6.O.2.3 Dual fuel co-generation facilities.

6.O.3 Limitations on Coverage

6.O.3.1 Prohibition of Non-Storm Water Discharges. Not covered by
this permit: non-storm water discharges subject to effluent limitations
guidelines.
6.O.3.2 Prohibition of Storm Water Discharges. Not covered by this
permit: storm water discharges from ancillary facilities (e.g., fleet
centers, gas turbine stations and substations) that are not contiguous
to a stream electric power generating facility; and heat capture co-
generation facilities.

6.O.4 Storm Water Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.O.4.1 Drainage Area Site Map. (See also Part 4.2.2.3) Identify
the locations of any of the following activities or sources which may
be exposed to precipitation / surface runoff: storage tanks, scrap
yards, general refuse areas; short and long term 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, construction sites; stock piles areas (e.g.,
coal or limestone piles).
6.O.4.2 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
6.O.4.2.1 Fugitive Dust Emissions. Describe and implement measures
that prevent or minimize fugitive dust emissions from coal handling
areas. Consider such procedures to minimize the tracking of coal dust
offsite as installing specially designed tires, or washing vehicles in
a designated area before they leave the site and controlling the wash
water.
6.O.4.2.2 Delivery Vehicles. Describe and implement measures that
prevent or minimize contamination of storm water runoff from delivery
vehicles arriving at the plant site. Consider the following: procedures
to inspect delivery vehicles arriving at the plant site and ensure
overall integrity of the body or container; and procedures to deal with
leakage / spillage from vehicles or containers.
6.O.4.2.3 Fuel Oil Unloading Areas. Describe and implement
measures that prevent or minimize contamination of precipitation /
surface runoff from fuel oil unloading areas. Consider, at a minimum
(or their equivalents): using containment curbs in unloading areas;
having personnel familiar with spill prevention and response procedures
present during deliveries to ensure that any leaks / spills are
immediately contained and cleaned up; using spill and overflow
protection (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).
6.O.4.2.4 Chemical Loading / Unloading. Describe and implement
measures that prevent or minimize contamination of precipitation /
surface runoff from chemical loading / unloading areas. Consider, at a
minimum (or their equivalents): using containment curbs at chemical
loading / unloading areas to contain spill; having personnel familiar
with spill prevention and response procedures present during deliveries
to ensure that any leaks / spills are immediately contained and cleaned
up; and load / unload in covered areas and store chemicals indoors.
6.O.4.2.5 Miscellaneous Loading / Unloading Areas. Describe and
implement measures that prevent or minimize contamination of
precipitation / surface runoff from loading / unloading areas.
Consider, at a minimum (or their equivalents): covering the loading
area; grading, berming, or curbing around the loading area to divert
run-on; or locating the loading / unloading equipment and vehicles so
leaks are contained in existing containment and flow diversion systems.
6.O.4.2.6 Liquid Storage Tanks. Describe and implement measures
that prevent or minimize contamination of surface runoff from above
ground liquid storage tanks. Consider using, at a minimum (or their
equivalents): protective guards around tank; containment curbs; spill
and overflow protection; and dry cleanup methods.
6.O.4.2.7 Large Bulk Fuel Storage Tanks. Describe and implement
measures that prevent or minimize contamination of surface runoff from
large bulk fuel storage tanks. Consider,

[[Page 64840]]

at a minimum, using containment berms (or its equivalent). You must
also comply with applicable State and Federal laws, including Spill
Prevention Control and Countermeasures (SPCC).
6.O.4.2.8 Spill Reduction Measures. Describe and implement
measures to reduce the potential for an oil / chemical spill or
reference the appropriate Part of your SPCC plan. At a minimum,
visually inspect on a weekly basis, the structural integrity of all
above ground tanks, pipelines, pumps and other related equipment, and
effect any necessary repairs immediately.
6.O.4.2.9 Oil Bearing Equipment in Switchyards. Describe and
implement measures that prevent or minimize contamination of surface
runoff from oil bearing equipment in switchyard areas. Consider using
level grades and gravel surfaces to retard flows and limit the spread
of spills or collecting runoff in perimeter ditches.
6.O.4.2.10 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 as soon as practicable,
vehicles without load covering or adequate gate sealing, or with
leaking containers or beds.
6.O.4.2.11 Ash Loading Areas. Describe and implement procedures to
reduce or control the tracking of ash/residue from ash loading areas.
Where practicable, clear the ash building floor and immediately
adjacent roadways of spillage, debris and excess water before departure
of each loaded vehicle.
6.O.4.2.12 Areas Adjacent to Disposal Ponds or Landfills. Describe
and implement measures that prevent or minimize contamination of
surface runoff from areas adjacent to disposal ponds or landfills.
Develop procedures to 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.
6.O.4.2.13 Landfills, Scrap Yards, Surface Impoundments, Open
Dumps, General Refuse Sites.
Address these areas in your SWPPP and include appropriate BMPs as
referred to in Part 4.
6.O.4.2.14 Vehicle Maintenance Activities. For vehicle maintenance
activities performed on the plant site, use the applicable BMPs
outlined in Part 6.P.
6.O.4.2.15 Material Storage Areas. Describe and implement measures
that prevent or minimize contamination of storm water runoff from
material storage areas (including areas used for temporary storage of
miscellaneous products and construction materials stored in lay-down
areas). Consider using (or their equivalents): Flat yard grades;
collecting runoff in graded swales or ditches; erosion protection
measures at steep outfall sites (e.g., concrete chutes, riprap,
stilling basins); covering lay-down areas; storing materials indoors;
and covering materials temporarily with polyethylene, polyurethane,
polypropylene or hypalon. Storm water run-on may be minimized by
constructing an enclosure or building a berm around the area.
6.O.4.3 Comprehensive Site Compliance Evaluation. (See also Part
4.9.3) As part of your evaluation, inspect the following areas on a
monthly basis: Coal handling areas, loading/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.
6.O.5 Monitoring and Reporting Requirements. (See also Part 5)

Table O-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be
subject to requirements for more Parameter Benchmark monitoring Numeric Limitation \2\
than one sector/subsector) cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Steam Electric Generating Facilities Total Recoverable Iron. 1.0 mg/L ...............
(Industrial Activity Code ``SE'').
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.
\2\ Note that the numeric effluent limitation guidelines for coal pile runoff at steam electric generating
facilities have been adopted as a standard numeric limits for all coal pile runoff. See Part 5.1.3.

6.P Sector P--Land Transportation and Warehousing

6.P.1 Covered Storm Water Discharges

The requirements in Part 6.P apply to storm water discharges
associated with industrial activity from Land Transportation and
Warehousing facilities as identified by the Activity Code specified
under Sector P in Table 1-1 of Part 1.2.1.

6.P.2 Industrial Activities Covered by Sector P

The types of activities that permittees under Sector P are
primarily engaged in are:
6.P.2.1 vehicle and equipment maintenance (vehicle and equipment
rehabilitation, mechanical repairs, painting, fueling and lubrication);
6.P.2.2 equipment cleaning.

6.P.3 Storm Water Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.P.3.1 Drainage Site Map. (See also Part 4.2.2.3) Identify the
locations of any of the following activities or sources: Fueling
stations; vehicle/equipment maintenance or cleaning areas; storage
areas for vehicle/equipment with actual or potential fluid leaks;
loading/unloading areas; areas where treatment, storage or disposal of
wastes occur; liquid storage tanks; processing areas; storage areas;
and all monitoring areas.
6.P.3.2 Potential Pollutant Sources. (See also Part 4.2.4)
Describe and assess the potential for the following to contribute
pollutants to storm water discharges: Onsite waste storage or disposal;
dirt/gravel parking areas for vehicles awaiting maintenance; and
fueling areas.
6.P.3.3 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
6.P.3.3.1 Vehicle and Equipment Storage Areas. Confine the storage
of leaky or leak-prone vehicles/equipment awaiting maintenance to
designated areas. Consider the following (or other equivalent
measures): The use of drip pans under vehicles/equipment, indoor
storage of vehicles and equipment, installation of berms or dikes, use
of absorbents, roofing or covering storage areas, and cleaning pavement
surfaces to remove oil and grease.
6.P.3.3.2 Fueling Areas. Implement and describe measures that
prevent or

[[Page 64841]]

minimize contamination of storm water runoff from fueling areas.
Consider the following (or other equivalent measures): Covering the
fueling area; using spill/overflow protection and cleanup equipment;
minimizing storm water runon/runoff to the fueling area; using dry
cleanup methods; and treating and/or recycling collected storm water
runoff.
6.P.3.3.3 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 storm water and plainly
label them (e.g., ``Used Oil,'' ``Spent Solvents,'' etc.). Consider the
following (or other equivalent measures): storing the materials
indoors; installing berms/dikes around the areas; minimizing runoff of
storm water to the areas; using dry cleanup methods; and treating and/
or recycling collected storm water runoff.
6.P.3.3.4 Vehicle and Equipment Cleaning Areas. Implement and
describe measures that prevent or minimize contamination of storm water
runoff from all areas used for vehicle/equipment cleaning. Consider the
following (or other equivalent measures): performing all cleaning
operations indoors; covering the cleaning operation, ensuring that all
washwater drains to a proper collection system (i.e., not the storm
water drainage system unless NPDES permitted); treating and/or
recycling collected storm water runoff, or other equivalent measures.
Note: the discharge of vehicle/equipment washwater, including tank
cleaning operations, are not authorized by this permit and must be
covered under a separate NPDES permit or discharged to a sanitary sewer
in accordance with applicable industrial pretreatment requirements.
6.P.3.3.5 Vehicle and Equipment Maintenance Areas. Implement and
describe measures that prevent or minimize contamination of storm water
runoff from all areas used for vehicle/equipment maintenance. Consider
the following (or other equivalent measures): 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 storm water drainage systems;
using dry cleanup methods; treating and/or recycling collected storm
water runoff, minimizing run on/runoff of storm water to maintenance
areas.
6.P.3.3.6 Locomotive Sanding (Loading Sand for Traction) Areas.
Consider the following (or other equivalent measures): covering sanding
areas; minimizing storm water run on/runoff; or appropriate sediment
removal practices to minimize the offsite transport of sanding material
by storm water.
6.P.3.4 Inspections. (See also Part 4.2.7.2.1.5) 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.
6.P.3.5 Employee Training. (See also Part 4.2.7.2.1.6) Train
personnel at least once a year and address the following, as
applicable: used oil and spent solvent management; fueling procedures;
general good housekeeping practices; proper painting procedures; and
used battery management.
6.P.3.6 Vehicle and Equipment Washwater Requirements. (See also
Part 4.4) Attach to or reference in your SWPPP, a copy of the NPDES
permit issued for vehicle/equipment washwater or, if an NPDES permit
has not been issued, a copy of the pending application. If an
industrial user permit is issued under a pretreatment program, attach a
copy to your SWPPP. In any case, address all non-storm water permit
conditions or pretreatment conditions in your SWPPP. If washwater is
handled in another manner (e.g., hauled offsite), describe the disposal
method and attach all pertinent documentation/information (e.g.,
frequency, volume, destination, etc.) in the plan.

6.Q Sector Q--Water Transportation

6.Q.1 Covered Storm Water Discharges

The requirements in Part 6.Q apply to storm water discharges
associated with industrial activity from Water Transportation
facilities as identified by the Activity Code specified under Sector Q
in Table 1-1 of Part 1.2.1.

6.Q.2 Industrial Activities Covered by Sector Q

The requirements listed under this Part apply to storm water
discharges associated with the following activities:
6.Q.2.1 Water transportation facilities classified in SIC Code
major group 44 that have vehicle (vessel) maintenance shops and/or
equipment cleaning operations including:
6.Q.2.1.1 Water transportation industry includes facilities
engaged in foreign or domestic transport of freight or passengers in
deep sea or inland waters;
6.Q.2.1.2 Marine cargo handling operations;
6.Q.2.1.3 Ferry operations;
6.Q.2.1.4 Towing and tugboat services;
6.Q.2.1.5 Marinas.

6.Q.3 Limitations on Coverage

6.Q.3.1 Prohibition of Non-Storm Water Discharges. (See also Part
1.2.3.1) Not covered by this permit: bilge and ballast water, sanitary
wastes, pressure wash water and cooling water originating from vessels.

6.Q.4 Storm Water Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.Q.4.1 Drainage Area Site Map. (See also Part 4.2.2.3) Identify
where any of the following may be exposed to precipitation/surface
runoff: fueling; engine maintenance/repair; vessel maintenance/repair;
pressure washing; painting; sanding; blasting; welding; metal
fabrication; loading/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).
6.Q.4.2 Summary of Potential Pollutant Sources. (See also Part
4.2.4) Describe the following additional sources and activities that
have potential pollutants associated with them: outdoor manufacturing
or processing activities (i.e., welding, metal fabricating); and
significant dust or particulate generating processes (e.g., abrasive
blasting, sanding, painting).
6.Q.4.3 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
6.Q.4.3.1 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. Describe in the SWPPP: the
measures to collect or contain the discharges from the pressures
washing area; the method for the removal of the visible solids; the
methods of disposal of the collected solids; and where the discharge
will be released.
6.Q.4.3.2 Blasting and Painting Area. Implement and describe
measures to prevent spent abrasives, paint chips and over spray from
discharging into the receiving water or the storm sewer systems.
Consider containing all blasting/painting activities or use other
measures to prevent or minimize the discharge the contaminants (e.g.,

[[Page 64842]]

hanging plastic barriers or tarpaulins during blasting or painting
operations to contain debris). Where necessary, regularly clean storm
water conveyances of deposits of abrasive blasting debris and paint
chips. Detail in the SWPPP any standard operating practices relating to
blasting/painting (e.g., prohibiting uncontained blasting/painting over
open water, or prohibiting blasting/painting during windy conditions
which can render containment ineffective).
6.Q.4.3.3 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. Implement and describe measures to prevent or minimize the
contamination of precipitation/surface runoff from the storage areas.
Specify which materials are stored indoors and consider containment or
enclosure for those stored outdoors. If abrasive blasting is performed,
discus the storage and disposal of spent abrasive materials generated
at the facility. Consider implementing an inventory control plan to
limit the presence of potentially hazardous materials onsite.
6.Q.4.3.4 Engine Maintenance and Repair Areas. Implement and
describe measures to prevent or minimize the contamination of
precipitation/surface runoff from all areas used for engine maintenance
and repair. Consider the following (or their equivalents): 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 storm water runoff
collected from the maintenance area.
6.Q.4.3.5 Material Handling Area. Implement and describe measures
to prevent or minimize the contamination of precipitation/surface
runoff from material handling operations and areas (e.g., fueling,
paint and solvent mixing, disposal of process wastewater streams from
vessels). Consider the following (or their equivalents): covering
fueling areas; using spill/overflow protection; mixing paints and
solvents in a designated area (preferably indoors or under a shed); and
minimize runoff of storm water to material handling areas.
6.Q.4.3.6 Drydock Activities. Describe your procedures for
routinely maintaining/cleaning the drydock to prevent or minimize
pollutants in storm water runoff. 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 or fuel spills occurring on the drydock.
Consider the following (or their equivalents): sweeping rather than
hosing off debris/spent blasting material from accessible areas of the
drydock prior to flooding, and having absorbent materials and oil
containment booms readily available to contain/cleanup any spills.
6.Q.4.3.7 General Yard Area. Implement and describe a schedule for
routine yard maintenance and cleanup. Regularly remove from the general
yard area: scrap metal, wood, plastic, miscellaneous trash, paper,
glass, industrial scrap, insulation, welding rods, packaging, etc.
6.Q.4.4 Preventative Maintenance. (See also Part 4.2.7.2.1.4) As
part of your preventive maintenance program, perform timely inspection
and maintenance of storm water management devices (e.g., cleaning oil/
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.
6.Q.4.5 Inspections. (See also Part 4.2.7.2.1.5) Include the
following areas in all monthly inspections: pressure washing area;
blasting, sanding and painting areas; material storage areas; engine
maintenance/repair areas; material handling areas; drydock area; and
general yard area.
6.Q.4.6 Employee Training. (See also Part 4.2.7.2.1.6) 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.
6.Q.4.7 Comprehensive Site Compliance Evaluation. (See also Part
4.9) Conduct regularly scheduled evaluations at least once a year and
address those areas contributing to a storm water discharge associated
with industrial activity (e.g., pressure washing area, blasting/sanding
areas, painting areas, material storage areas, engine maintenance/
repair areas, material handling areas, and drydock area). Inspect these
sources for evidence of, or the potential for, pollutants entering the
drainage system.

6.Q.5 Monitoring and Reporting Requirements. (See also Part 5)

Table Q-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be
subject to requirements for more Parameter Benchmark monitoring Numeric limitation
than one sector/subsector) cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Water Transportation Facilities (SIC Total Recoverable 0.75 mg/L............... .......................
4412-4499). Aluminum.. 1.0 mg/L................
Total Recoverable Iron. 0.0816 mg/L.............
Total Recoverable Lead. 0.117 mg/L..............
Total Recoverable Zinc.
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.

[[Page 64843]]

6.R Sector R--Ship and Boat Building or Repair Yards

6.R.1 Covered Storm Water Discharges

The requirements in Part 6.R apply to storm water discharges
associated with industrial activity from Ship and Boat Building or
Repair Yards as identified by the Activity Codes specified under Sector
R in Table 1-1 of Part 1.2.1.

6.R.2 Industrial Activities Covered by Sector R

The types of activities that permittees under Sector R are
primarily engaged in are:
6.R.2.1 Ship building and repairing and boat building and
repairing \3\
---------------------------------------------------------------------------

\3\ According to the U.S. Coast Guard, a vessel 65 feet or
greater in length is referred to as a ship, and a vessel smaller
than 65 feet is a boat.
---------------------------------------------------------------------------

6.R.3 Limitations on Coverage

6.R.3.1 Prohibition of Non-Storm Water Discharges. (See also Part
1.2.3.1) Not covered by this permit: discharges containing bilge and
ballast water, sanitary wastes, pressure wash water and cooling water
originating from vessels.

6.R.4 Storm Water Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.R.4.1 Drainage Area Site Map. (See also Part 4.2.2.3) Identify
where any of the following may be exposed to precipitation/surface
runoff: fueling; engine maintenance/repair; vessel maintenance/repair;
pressure washing; painting; sanding; blasting; welding; metal
fabrication; loading/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).
6.R.4.2 Potential Pollutant Sources. (See also Part 4.2.4)
Describe the following additional sources and activities that have
potential pollutants associated with them (if applicable): outdoor
manufacturing/processing activities (e.g., welding, metal fabricating);
and significant dust/particulate generating processes (e.g., abrasive
blasting, sanding, painting).
6.R.4.3 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
6.R.4.3.1 Pressure Washing Area. If pressure washing is used to
remove marine growth from vessels, the discharge water must be
permitted as a process wastewater by a separate NPDES permit.
6.R.4.3.2 Blasting and Painting Area. Implement and describe
measures to prevent spent abrasives, paint chips and over spray from
discharging into the receiving water or the storm sewer systems.
Consider containing all blasting/painting activities or use other
measures to prevent the discharge of the contaminants (e.g., hanging
plastic barriers or tarpaulins during blasting or painting operations
to contain debris). Where necessary, regularly clean storm water
conveyances of deposits of abrasive blasting debris and paint chips.
Detail in the SWPPP any standard operating practices relating to
blasting/painting (e.g., prohibiting uncontained blasting/painting over
open water, or prohibiting blasting/painting during windy conditions
which can render containment ineffective).
6.R.4.3.3 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. Implement and describe measures to prevent or minimize the
contamination of precipitation/surface runoff from the storage areas.
Specify which materials are stored indoors and consider containment or
enclosure for those stored outdoors. If abrasive blasting is performed,
discuss the storage and disposal of spent abrasive materials generated
at the facility. Consider implementing an inventory control plan to
limit the presence of potentially hazardous materials onsite.
6.R.4.3.4 Engine Maintenance and Repair Areas. Implement and
describe measures to prevent or minimize the contamination of
precipitation/surface runoff from all areas used for engine maintenance
and repair. Consider the following (or their equivalents): 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 storm water runoff
collected from the maintenance area.
6.R.4.3.5 Material Handling Area. Implement and describe measures
to prevent or minimize the contamination of precipitation/surface
runoff from material handling operations and areas (e.g., fueling,
paint and solvent mixing, disposal of process wastewater streams from
vessels). Consider the following (or their equivalents): covering
fueling areas; using spill/overflow protection; mixing paints and
solvents in a designated area (preferably indoors or under a shed); and
minimize runon of storm water to material handling areas.
6.R.4.3.6 Drydock Activities. Describe your procedures for
routinely maintaining/cleaning the drydock to prevent or minimize
pollutants in storm water runoff. 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 or fuel spills occurring on the drydock.
Consider the following (or their equivalents): sweeping rather than
hosing off debris/spent blasting material from accessible areas of the
drydock prior to flooding, and having absorbent materials and oil
containment booms readily available to contain/cleanup any spills.
6.R.4.3.7 General Yard Area. Implement and describe a schedule for
routine yard maintenance and cleanup. Regularly remove from the general
yard area: scrap metal, wood, plastic, miscellaneous trash, paper,
glass, industrial scrap, insulation, welding rods, packaging, etc.
6.R.4.4 Preventative Maintenance. (See also Part 4.2.7.2.1.4) As
part of your preventive maintenance program, perform timely inspection
and maintenance of storm water management devices (e.g., cleaning oil/
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.
6.R.4.5 Inspections. (See also Part 4.2.7.2.1.5) Include the
following areas in all monthly inspections: pressure washing area;
blasting, sanding and painting areas; material storage areas; engine
maintenance/repair areas; material handling areas; drydock area; and
general yard area.
6.R.4.6 Employee Training. (See also Part 4.2.7.2.1.6) 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.
6.R.4.7 Comprehensive Site Compliance Evaluation. (See also Part
4.9) Conduct regularly scheduled evaluations at least once a year and
address those areas contributing to a storm water discharge associated
with industrial activity (e.g., pressure

[[Page 64844]]

washing area, blasting/sanding areas, painting areas, material storage
areas, engine maintenance/repair areas, material handling areas, and
drydock area). They must be visually inspected for evidence of, or the
potential for, pollutants entering the drainage system.

6.S Sector S--Air Transportation

6.S.1 Covered Storm Water Discharges

The requirements in Part 6.S apply to storm water discharges
associated with industrial activity from Air Transportation facilities
as identified by the SIC Codes specified under Sector S in Table 1-1 of
Part 1.2.1.

6.S.2 Industrial Activities Covered by Sector S

The types of activities that permittees under Sector S are
primarily engaged in are:
6.S.2.1 Air transportation, scheduled, and air courier;
6.S.2.2 Air transportation, non scheduled;
6.S.2.3 Airports; flying fields, except those maintained by
aviation clubs; and airport terminal services including: air traffic
control, except government; aircraft storage at airports; aircraft
upholstery repair; airfreight handling at airports; airport hangar
rental; airport leasing, if operating airport; airport terminal
services; and hangar operations.
6.S.2.4 Airport and aircraft service and maintenance including:
aircraft cleaning and janitorial service; aircraft servicing/repairing,
except on a factory basis; vehicle maintenance shops; material handling
facilities; equipment clearing operations; and airport and aircraft
deicing/anti-icing.

Note: ``deicing'' will generally be used to imply both deicing
(removing frost, snow or ice) and anti-icing (preventing
accumulation of frost, snow or ice) activities, unless specific
mention is made regarding anti-icing and/or deicing activities.

6.S.3 Limitations on Coverage

Only those portions of the facility that are involved in vehicle
maintenance (including vehicle rehabilitation, mechanical repairs,
painting, fueling and lubrication), equipment cleaning operations or
deicing operations are addressed in Part 6.S.
6.S.3.1 Prohibition of Non-Storm Water Discharges. (See also Part
1.2.3.1) Not covered by this permit: aircraft, ground vehicle, runway
and equipment washwaters; and dry weather discharges of deicing
chemicals. These discharges must be covered by a separate NPDES permit.

6.S.4 Special Conditions

6.S.4.1 Hazardous Substances or Oil. (See also Part 3.1) Each
individual permittee is required to report spills equal to or exceeding
the reportable quantity (RQ) levels specified at 40 CFR 110, 117 and
302 as described at Part 3.2. If an airport authority is the sole
permittee, then the sum total of all spills at the airport must be
assessed against the RQ. If the airport authority is a co-permittee
with other deicing operators at the airport, such as numerous different
airlines, the assessed amount must be the summation of spills by each
co-permittee. If separate, distinct individual permittees exist at the
airport, then the amount spilled by each separate permittee must be the
assessed amount for the RQ determination.

6.S.5 Storm Water Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, you must also comply
with the requirements listed in Part 4 of the MSGP.
(See also Part 4.1) If an airport's tenant has a SWPPP for
discharges from their own areas of the airport, that SWPPP must be
integrated with the plan for the entire airport. Tenants of the airport
facility include air passenger or cargo companies, fixed based
operators and other parties who have contracts with the airport
authority to conduct business operations on airport property and whose
operations result in storm water discharges associated with industrial
activity.
6.S.5.1 Drainage Area Site Map. (See also Part 4.2.2.3) Identify
where any of the following may be exposed to precipitation/surface
runoff: aircraft and runway deicing operations; fueling stations;
aircraft, ground vehicle and equipment maintenance/cleaning areas;
storage areas for aircraft, ground vehicles and equipment awaiting
maintenance.
6.S.5.2 Potential Pollutant Sources. (See also Part 4.2.4) Include
in your inventory of exposed materials a description of the potential
pollutant sources from the following activities: aircraft, runway,
ground vehicle and equipment maintenance and cleaning; aircraft and
runway deicing operations (including apron and centralized aircraft
deicing stations, runways, taxiways and ramps). If you use deicing
chemicals, you must maintain a record of the types (including the
Material Safety Data Sheets [MSDS]) used and the monthly quantities,
either as measured or, in the absence of metering, as estimated to the
best of your knowledge. 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. Tenants or other fixed-based operations that conduct deicing
operations must provide the above information to the airport authority
for inclusion in any comprehensive airport SWPPPs.
6.S.5.3 Good Housekeeping Measures. (See also 4.2.7)
6.S.5.3.1 Aircraft, Ground Vehicle and Equipment Maintenance
Areas. Describe and implement measures that prevent or minimize the
contamination of storm water runoff from all areas used for aircraft,
ground vehicle and equipment maintenance (including the maintenance
conducted on the terminal apron and in dedicated hangers). Consider the
following practices (or their equivalents): performing maintenance
activities indoors; maintaining an organized inventory of material used
in the maintenance areas; draining all parts of fluids prior to
disposal; preventing the practice of hosing down the apron or hanger
floor; using dry cleanup methods; and collecting the storm water runoff
from the maintenance area and providing treatment or recycling.
6.S.5.3.2 Aircraft, Ground Vehicle and Equipment Cleaning Areas.
Clean equipment only in the areas identified in the SWPPP and site map
and clearly demarcate these areas on the ground. Describe and implement
measures that prevent or minimize the contamination of storm water
runoff from cleaning areas.
6.S.5.3.3 Aircraft, Ground Vehicle and Equipment Storage Areas.
Store all aircraft, ground vehicles and equipment awaiting maintenance
in designated areas only. Consider the following BMPs (or their
equivalents): 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.
6.S.5.3.4 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 storm water. Also plainly label the vessels (e.g., ``used oil,''
``Contaminated Jet A,'' etc.). Describe and implement measures that
prevent or minimize contamination of precipitation/runoff from these
areas. Consider the following BMPs (or their equivalents): storing
materials indoors; storing waste materials in a centralized location;
and installing berms/dikes around storage areas.
6.S.5.3.5 Airport Fuel System and Fueling Areas. Describe and
implement

[[Continued on page 64845]]

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

[[pp. 64795-64844]] Final Reissuance of National Pollutant Discharge Elimination

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