WAIS Document Retrieval[Federal Register: March 30, 2000 (Volume 65, Number 62)]
[Notices]
[Page 17009-17107]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr00-152]
[[Page 17009]]
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Part II
Environmental Protection Agency
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Proposed Reissuance of National Pollutant Discharge Elimination System
(NPDES) Storm Water Multi-Sector General Permit for Industrial
Activities; Notice
[[Page 17010]]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6562-5]
Proposed Reissuance of National Pollutant Discharge Elimination
System (NPDES) Storm Water Multi-Sector General Permit for Industrial
Activities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed NPDES general permit.
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SUMMARY: EPA Regions 1, 2, 3, 4, 6, 8, 9, and 10 are today proposing to
reissue EPA's NPDES Storm Water Multi-Sector General Permit (MSGP).
This general permit was first issued on September 29, 1995 (60 FR
50804), and amended on February 9, 1996 (61 FR 5248), February 20, 1996
(61 FR 6412), September 24, 1996 (61 FR 50020), August 7, 1998 (63 FR
42534) and September 30, 1998 (63 FR 52430). Today's proposed MSGP is
similar to the 1995 permit, as amended, and will authorize the
discharge of storm water from industrial facilities consistent with the
terms of the permit.
Public Comment Period: The public comment period for the proposed
MSGP will be from today's date until May 30, 2000. All public comments
must be submitted to: ATTN: MSGP-2000 Comments, W-99-26, MC 4101, U.S.
EPA, Room EB57, 401 M Street SW, Washington, DC 20460.
Please submit the original and three copies of your comments and
enclosures (including references). Comments must be received or
postmarked by midnight no later than May 30, 2000. To ensure that EPA
can read, understand and therefore properly respond to comments, the
Agency would prefer that commenters cite, where possible, the
paragraph(s) or sections in the notice or supporting documents to which
each comment refers. Commenters who want EPA to acknowledge receipt of
their comments should enclose a self-addressed stamped envelope. No
fascimiles (faxes) will be accepted. Comments may also be submitted
electronically to: ow-docket@epa.gov. Electronic comments must be
submitted as an ASCII file avoiding the use of special characters and
forms of encryption. Electronic comments must be identified by the
docket number W-99-26 (MSGP-2000). No Confidential Business information
(CBI) should be submitted through e-mail. Comments and data will also
be accepted on disks in WordPerfect 6.1 format or ASCII file format.
Electronic comments on this notice may be filed online at many Federal
Depository Libraries.
The record for today's proposed MSGP has been established under
docket number W-99-26, and includes supporting documentation as well as
printed, paper versions of electronic comments. It does not include any
information claimed as CBI.
Public Meetings: Public meetings on the proposed permit will be
held at the locations listed below. The public meetings will include a
presentation on the draft permits and a question and answer session.
Written, but not oral, comments for the official permit record will be
accepted at the public meetings.
Dallas, TX: May 1, 2000, 1:00 pm, EPA Region 6 Offices, 12th Floor,
1445 Ross Ave., Dallas, Texas.
Santa Fe, NM: April 24, 2000, 1:00 pm, New Mexico Environment
Department Offices, Runnels Building Auditorium, 1190 St. Francis Dr.,
Santa Fe, New Mexico.
Additional public meets may be scheduled in one or more EPA
regions. For times and locations, please visit our MSGP web site at
www.epa.gov/owm/sw/industry/msgp/index.htm.
Public Hearings: EPA has not scheduled any public hearings to
receive public comment concerning today's proposal in view of the
limited attendance at previous hearings which have been held related to
the existing MSGP. All persons will continue to have the right to
provide written comments at any time during the public comment period.
However, interested persons may request a public hearing pursuant to 40
CFR 124.12 concerning the proposed MSGP-2000. Requests for a public
hearing must be sent or delivered in writing to the same address as
provided above for public comments prior to the close of the comment
period. Requests for a public hearing must state the nature of the
issues proposed to be raised in the hearing. Pursuant to 40 CFR 124.12,
EPA shall hold a public hearing if it finds, on the basis of requests,
a significant degree of public interest in the proposed permit. If EPA
decides to hold a public hearing, a public notice of the date, time and
place of the hearing will be made at least 30 days prior to the
hearing. Any person may provide written or oral statements and data
pertaining to the proposed permit at the public hearing.ADDRESSES: The index to the administrative record for the proposed MSGP
is available at the appropriate Regional Office or from the EPA Water
Docket Office in Washington, DC. The administrative record is stored in
two locations. Documents immediately referenced in this reissuance
notice are stored at the EPA Water Docket Office at the following
address: Water Docket, MC-4101, U.S. EPA, 401 M Street SW, Washington,
DC 20460. All other documents which were used to support the original
issuance of the MSGP in 1995 are a supplement to the record for this
reissuance and are stored at U.S. EPA, 401 M Street SW, Washington, DC
20460. These materials include, for example, the permit applications
and sampling data provided to EPA by group applicants. The immediate
and supplemental records are available for inspection from 9 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. For appointments
to examine any portion of the administrative record, please call the
Water Docket Office at (202) 260-3027. A reasonable fee may be charged
for copying. Specific record information can also be made available at
the appropriate Regional Office upon request.
FOR FURTHER INFORMATION CONTACT: For further information on the
proposed MSGP, contact the appropriate EPA Regional Office or Dan Weese
at (202) 260-6809. The name, address and phone number of the EPA
Regional Storm Water Coordinators are provided in Section VI.F of this
fact sheet.
SUPPLEMENTARY INFORMATION: The following fact sheet provides background
information and explanation for today's notice of proposed MSGP
reissuance. The actual language of the proposed MSGP appears after this
fact sheet.
Fact Sheet
Table of Contents
I. Background
A. Pollutants in Storm Water Discharges Associated with
Industrial Activities in General
B. Summary of Options for Controlling Pollutants
C. The Federal/Municipal Partnership: The Role of Municipal
Operators of Large and Medium Municipal Separate Storm Sewer Systems
II. Organization of Today's Proposed MSGP and Summary of Proposed
Changes
III. Geographic Coverage of Proposed MSGP
IV. Categories of Facilities Covered by Proposed MSGP
V. Limitations on Coverage
A. Storm Water Discharges Subject to Effluent Guidelines,
Including New Source Performance Standards
B. Historic Preservation
C. Endangered Species
D. New Storm Water Discharges to Water-Quality Impaired
Receiving Waters
E. Storm Water Discharges Subject to Anti-Degradation Water
Quality Standards
F. Storm Water Discharges Previously Covered by an Individual
Permit[[Page 17011]]
VI. Summary of Common Permit Conditions
A. Notification Requirements
1. Contents of NOIs
2. Deadlines
3. Municipal Separate Storm Sewer System Operator Notification
4. Notice of Termination
5. Conditional Exclusion for No Exposure
B. Special Conditions
1. Prohibition of Non-storm Water Discharges
2. Releases of Reportable Quantities of Hazardous Substances and
Oil
3. Co-located Industrial Facilities
4. Numeric Effluent Limitations
5. Compliance with Water Quality Standards
C. Common Pollution Prevention Plan Requirements
1. Pollution Prevention Team
2. Description of the Facility and Potential Pollution Sources
3. Selection and Implementation of Storm Water Controls
4. Comprehensive Site Compliance Evaluation
D. Special Requirements
1. Special Requirements for Storm Water Discharges Associated
with Industrial Activity from Facilities Subject to EPCRA Section
313 Requirements
2. Special Requirements for Storm Water Discharges Associated
with Industrial Activity from Salt Storage Facilities
3. Consistency With Other Plans
E. Monitoring and Reporting Requirements
1. Analytical Monitoring Requirements
2. Compliance Monitoring
3. Alternate Certification
4. Reporting and Retention Requirements
5. Sample Type
6. Representative Discharge
7. Sampling Waiver
8. Quarterly Visual Examination of Storm Water Quality
F. Regional Offices
1. Notice of Intent Address
2. Regional Office Addresses and Contacts
VII. Cost Estimates For Common Permit Requirements
VIII. Special Requirements for Discharges Associated with Specific
Industrial Activities
IX. Economic Impact (Executive Order 12866)
X. Unfunded Mandates Reform Act
XI. Paperwork Reduction Act
XII. Regulatory Flexibility Act
XIII. Official SignaturesI. Background
EPA Regions 1, 2, 3, 4, 6, 8, 9, and 10 are today proposing to
reissue EPA's NPDES Storm Water Multi-Sector General Permit (MSGP). The
MSGP currently authorizes storm water discharges from a particular
facility for most areas of the United States where the NPDES permit
program has not been delegated. The MSGP was originally issued on
September 29, 1995 (60 FR 50804), and amended on February 9, 1996 (61
FR 5248), February 20, 1996 (61 FR 6412), September 24, 1996 (61 FR
50020), August 7, 1998 (63 FR 42534) and September 30, 1998 (63 FR
52430).
The 1995 MSGP was the culmination of the group permit application
process described at 40 CFR 122.26(c)(2). A group permit application
was one of three options for obtaining an NPDES industrial storm water
permit which were provided by the 1990 storm water permit application
regulations (47 FR 47990). The 1990 regulations also provided that
industrial facilities could apply for coverage under an existing
general NPDES permit or apply for an individual permit. In 1992, EPA
issued a baseline general permit (57 FR 41175 and 57 FR 44412) to cover
industrial facilities which did not select the group application option
or submit an application for an individual permit.
In response to the group application option, EPA received
applications from approximately 1,200 groups representing nearly all of
the categories of industrial facilities listed in the storm water
regulations at 40 CFR 122.26(b)(14). To facilitate permit issuance for
the group applications, EPA consolidated the groups into 29 industrial
sectors, with subsectors also included in certain sectors as
appropriate.
In developing the requirements for the 1995 MSGP, EPA utilized and
built upon the storm water pollution control requirements of the 1992
baseline general permit. The baseline permit had required a storm water
pollution prevention plan (SWPPP) with generic best management practice
(BMP) requirements which applied to all facilities covered by the
permit. In addition, certain categories of facilities were required to
monitor storm water discharges based on EPA's best professional
judgment concerning the risks posed by the facilities.
The group permit applications included information concerning the
specific types of operations present at the different types of
industrial facilities, potential sources of pollutants at the
facilities, industry-specific BMPs which are available, and monitoring
data from the different types of facilities. Using this information,
EPA developed SWPPP requirements for the MSGP which consisted of the
generic requirements of the baseline permit plus industry-specific
requirements developed from the group application information. Also,
the industries required to perform monitoring and the contaminants to
be monitored for in the 1995 MSGP were developed using the monitoring
data submitted with the group applications rather than EPA's best
professional judgment.
On September 30, 1998 (63 FR 52430), EPA terminated the baseline
general permit and required facilities which were previously covered by
the baseline permit to seek coverage under the MSGP (or submit an
individual permit application). EPA believed that the MSGP, with its
industry-specific requirements, would provide improved water quality
benefits as compared to the baseline permit.
For the reissuance of the MSGP, EPA has re-evaluated the industry-
specific requirements of the MSGP. In a few instances, additional
requirements have been proposed based on new information which has been
obtained since the original MSGP issuance in 1995. These changes are
discussed in more detail in Section VIII of this fact sheet. EPA also
re-evaluated the monitoring requirements of the existing MSGP. Although
no changes are being proposed in the monitoring requirements, EPA is
interested in receiving comments on these requirements and exploring
alternatives as discussed in Section VI.E of the fact sheet.A. Pollutants in Storm Water Discharges Associated With Industrial
Activities in General
The volume and quality of storm water discharges from a particular
facility will depend on a number of factors, including the industrial
activities occurring at the facility, the nature of the precipitation,
and the degree of surface imperviousness. A discussion of these factors
was provided in the fact sheet for the original proposed MSGP (58 FR
61146 Nov. 19, 1993), and is not being repeated here.
B. Summary of Options for Controlling Pollutants
Pollutants in storm water discharges from industrial plants may be
reduced using several methods, including: Eliminating pollutant
sources; implementing BMPs that prevent the generation of pollutant
sources and/or control the discharge of pollutants; and end-of-pipe
treatment. A general discussion of each of these was presented in the
original MSGP proposal (58 FR 61146, Nov. 19, 1993), and is not being
repeated here.
C. The Federal/Municipal Partnership: The Role of Municipal Operators
of Large and Medium Municipal Separate Storm Sewer Systems
A key issue in developing a workable regulatory program for
controlling pollutants in storm water discharges associated with
industrial activity is the proper use and coordination of limited
[[Page 17012]]
regulatory resources. This is especially important when addressing the
appropriate role of municipal operators of large and medium municipal
separate storm sewer systems in the control of pollutants in storm
water discharges associated with industrial activity which are conveyed
through municipal separate storm sewer systems. The original proposed
MSGP discussed several key policy factors (see 58 FR 61146).
II. Organization of Proposed MSGP and Summary of Proposed Changes
The organization of today's proposal has been revised from the 1995
MSGP to reduce the overall size of the permit. In Part XI of the 1995
MSGP, many requirements such as SWPPP and monitoring requirements which
were common to each sector were repeated in each sector, greatly adding
to length of the permit. For today's proposal, such requirements are
found only once in expanded sections of the permit (Parts 4 and 5)
which include requirements common to each sector. Requirements which
are genuinely unique to a given sector or subsector are found in Part 6
in the permit. Similarly, Section VIII of the fact sheet for the 1995
MSGP repeated certain explanatory information in the discussions of
sector-specific requirements, and also included considerable
descriptive information about the various sectors. To reduce the length
of today's notice, most of this information is not being repeated.
Section VIII of today's fact sheet focuses on the changes (if any)
which are being proposed for the various sectors. The reorganization
and reduction of duplication have reduced the size of the permit by
approximately 50%.
Also note that the section/paragraph identification scheme of the
proposed MSGP-2000 has been modified from the existing MSGP. The
original scheme utilized a sometimes lengthy combination of numbers,
letters and Roman numerals (in both upper and lower cases) which many
permittees found confusing. Today's proposal identifies sections/
paragraphs, and hence permit conditions, using numbers only, except in
Part 6 (which also incorporates the sector letters from the 1995 MSGP
for consistency). Under the original permit, only the last digit or
letter of the section/paragraph identifier appeared with its
accompanying section title/paragraph, making it difficult to determine
where you were in the permit. In today's proposal, the entire string of
identifying numbers is listed at each section/paragraph to facilitate
recognizing where you are and in citing and navigating through the
permit. For example, paragraph number 1.2.3.5 tells you immediately
that you are in Part 1, section 2, paragraph 3, subparagraph 5; whereas
under the 1995 MSGP you would only see an ``e'', thereby forcing you to
hunt back through the permit to determine that you were in Part
I.B.3.e. The exception to the numbering rule is in Part 6, where the
Sector letters from the 1995 MSGP have been retained to correspond to
the sectors of industry covered by the permit and make it easy to tell
that you are in a section of the permit which has conditions which only
apply to a specific industrial sector. For example, paragraph 6.F.3.4
immediately tells you that you are in Part 6 and looking at conditions
that only apply to sector ``F'' facilities. In some cases, requirements
which previously appeared in a single paragraph are now found listed
out as separate individual items. The proposed MSGP is also written in
EPA's ``readable regulations'' style using terms like ``you'' and
``your'' in referring to permittees, etc.
Following below is a list of the major changes in today's proposal
as compared to the existing MSGP. These changes are discussed in more
detail later in this fact sheet.
1. Requirements for co-located activities clarified (Part 1.2.1.1).
2. Incidental cooling tower mist discharges included as an
authorized non-storm water discharge, subject to certain requirements
(Parts 1.2.2.2.13 and 4.4.2.3).
3. Provided eligibility for coverage of inactive mining activities
occurring on Federal Lands where an operator has not been identified
(Part 1.2.3).
4. Clarified language for situations where a discharge previously
covered by an individual permit can be covered under the MSGP-2000
(Part 1.2.3.3).
5. Clarified/added language for compliance with water quality
standards and requirements for follow-up actions if standards are
exceeded (Parts 1.2.3.5 and 3.3).
6. ESA and NHPA eligibility requirements modified (Parts 1.2.3.6
and 1.2.3.7).
7. Eligibility requirements for discharges to water quality
impaired/limited waterbodies added/clarified (Part 1.2.3.8).
8. Clarifies that discharges which do not comply with anti-
degradation requirements are not authorized by the permit (Part
1.2.3.9).
9. Deadline of 30 days for submission of an NOT added (Part 1.4.2).
10. Opportunity for termination of permit coverage based on the
``no exposure exemption'' from the Phase II storm water regulations (64
FR 68722, 12/8/99) added (Parts 1.5 and 11.4).
11. Notice of Intent requirements and form modified (Part 2.2 and
Addendum D).
12. Permit will accommodate electronic filing of NOIs, NOTs, or
DMRs, should these options become available during the term of the
permit (Parts 2.3, 7.1, and 11.3)
13. Prohibition on discharges of solid materials and floating
debris and requirement to minimize off-site tracking of materials and
generation of dust added (Part 4.2.7.2.3).
14. Requirement to include a copy of the permit with the storm
water pollution prevention plan (SWPPP) was added (Part 4.7).
15. Special conditions for EPCRA 313 facilities were modified (Part
4.12).
16. Monitoring requirements reorganized and additional
clarification/revisions on monitoring periods, waivers, default minimum
monitoring for limitations added by State 401 certification, and
reporting requirements added. Public specifically requested to comment
on alternatives to proposed benchmark monitoring scheme (Parts 5 and
7).
17. Manufacturing of fertilizer from leather scraps (SIC 2873)
moved from Sector Z--Leather Tanning and Finishing to Sector C--
Chemical and Allied Products (Table 1 and Part 6.C).
18. New effluent limitations guidelines for landfills in Sectors K
and L included; the final guidelines were published in the Federal
Register on January 19, 2000 (65 FR 3007) (Parts 6.K.5 and 6.L.6).
19. Sector AD (Non-Classified Facilities) language clarified to say
that facilities cannot choose coverage under Sector AD, but can only be
so assigned by permitting authority (Part 6.AD).
20. Additional BMP requirements in Sectors S, T, and Y added (Parts
6.S, 6.T, and 6.Y).
21. NOI to continue coverage under the permit when it expires
(without a replacement permit in place) is not required and the
reapplication process has been clarified (Part 9.2).
22. Process for EPA to remove facilities from permit coverage
clarified (Part 9.12).
In conjunction with the final permit, EPA anticipates making a
``User's Guide'' available that would answer common questions regarding
how to obtain coverage and comply with the MSGP. This users guide would
most likely be made available via the Internet.[[Page 17013]]
III. Geographic Coverage of Proposed MSGP
The geographic coverage of today's proposed MSGP includes the
following areas:
EPA Region 1--for the States of Maine, Massachusetts and New
Hampshire; for Indian country located in Massachusetts, Connecticut,
Rhode Island and Maine; and for Federal facilities in the State of
Vermont.
EPA Region 2--for the Commonwealth of Puerto Rico.
EPA Region 3--for the District of Columbia and Federal facilities
in the State of Delaware.
EPA Region 4--for the State of Florida; and for Indian country
located in the State of Florida.
EPA Region 6--for the State of New Mexico; for Indian country
located in the States of Louisiana, New Mexico, Texas and Oklahoma
(except Navajo lands and Ute Mountain Reservation lands); for Oil and
gas facilities under SIC codes 1311, 1381, 1382, and 1389 and 5171 and
point source (but not non-point source) discharges associated with
agricultural production, services, and silviculture in the State of
Oklahoma, except those on Indian Country lands; and oil and gas
facilities under SIC codes 1311, 1321, 1381, 1382, and 1389 in the
State of Texas not on Indian Country lands.
EPA Region 8--for Federal facilities in the State of Colorado; for
Indian Country lands in Colorado, Montana, North Dakota, South Dakota,
Wyoming and Utah (except Goshute Reservation lands); for Ute Mountain
Reservation lands in Colorado and New Mexico; and for Pine Ridge
Reservation lands in South Dakota and Nebraska.
EPA Region 9--for the State of Arizona; for the Territories of
Johnston Atoll, American Samoa, Guam, the Commonwealth of Northern
Mariana Islands, Midway and Wake Islands; for Indian country located in
Arizona, California, and Nevada; and for the Goshute Reservation in
Utah and Nevada, the Navajo Reservation in Utah, New Mexico, and
Arizona, the Duck Valley Reservation in Nevada and Idaho, and the Fort
McDermitt Reservation in Oregon and Nevada.
EPA Region 10--for the States of Alaska and Idaho; for Indian
country located in Alaska, Oregon (except Fort McDermitt Reservation
lands), Idaho (except Duck Valley Reservation lands) and Washington;
and for Federal facilities in Washington.
For several reasons, the geographic area of coverage described
above differs from the area of coverage of the 1995 MSGP. Indian
country in Vermont and New Hampshire has been removed since there are
no Federally recognized tribes in these States. Also, state NPDES
permit programs have since been authorized in the States of South
Dakota, Louisiana, Oklahoma (except for certain oil and gas facilities
and agriculture-related point sources in Oklahoma) and Texas (again
except for oil and gas facilities). In Oklahoma, EPA maintains NPDES
permitting authority over oil and gas exploration and production
related industries, and pipeline operations regulated by the Oklahoma
Corporation Commission and point source (but not non-point source)
discharges associated with agricultural production, services, and
silviculture regulated by the Oklahoma Department of Agriculture,
except those on Indian Country lands (See 61 FR 65049). Oklahoma
received NPDES program authorization only for those discharges covered
by the authority of the Oklahoma Department of Environmental Quality
(ODEQ). In Texas, EPA maintains NPDES permitting authority over oil and
gas discharges regulated by the Texas Railroad Commission (See 63 FR
51164). Texas received NPDES program authorization only for those
discharges covered by the authority of the Texas Natural Resource
Conservation Commission (TNRCC).
Federal facilities in Colorado, and Indian country located in
Colorado (including the portion of the Ute Mountain Reservation located
in New Mexico), Montana, North Dakota, South Dakota (including the
portion of the Pine Ridge Reservation located in Nebraska), Utah
(except for the Goshute and Navajo Reservation lands) and Wyoming were
not included in the 1995 MSGP, but are now proposed to be included. At
the present time, industrial facilities in these areas are largely
covered under an extension of EPA's 1992 baseline general permit for
industries (57 FR 41175).
Lastly, subsequent to the issuance of the MSGP in 1995, coverage
was extended to the Island of Guam on September 24, 1996 (61 FR 50020)
and the Commonwealth of the Northern Mariana Islands on September 30,
1998 (63 FR 52430).
There are some areas where the NPDES permit program has not been
delegated (such as Indian country in states not listed above) where
neither the MSGP nor an alternate general permit is available for
authorization of storm water discharges associated with industrial
activity. However, only a very small number of permittees exist in such
areas and individual permits are issued as needed.IV. Categories of Facilities Covered by the Proposed MSGP
The proposed MSGP would authorize storm water discharges associated
with industrial activity from the categories of facilities shown in
Table 1 below:
Table 1.--Sector/Subsectors Covered by the Proposed MSGP
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Subsector SIC code Activity represented
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Sector A. Timber Products
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1*.......................... 2421.................................................... General Sawmills and
Planning Mills.
2........................... 2491.................................................... Wood Preserving
3*.......................... 2411.................................................... Log Storage and
Handling.
4*.......................... 2426.................................................... Hardwood Dimension and
Flooring Mills.
2429.................................................... Special Product
Sawmills, Not Elsewhere
Classified.
2431-2439 (except 2434)................................. Millwork, Veneer,
Plywood, and Structural
Wood.
2448, 2449.............................................. Wood Containers.
2451, 2452.............................................. Wood Buildings and
Mobile Homes.
2493.................................................... Reconstituted Wood
Products.
2499.................................................... Wood Products, Not
Elsewhere Classified.
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Sector B. Paper and Allied Products Manufacturing
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1........................... 2611.................................................... Pulp Mills.
2........................... 2621.................................................... Paper Mills.[[Page 17014]]
3*.......................... 2631.................................................... Paperboard Mills.
4........................... 2652-2657............................................... Paperboard Containers
and Boxes.
5........................... 2671-2679............................................... Converted Paper and
Paperboard Products,
Except Containers and
Boxes.
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Sector C. Chemical and Allied Products Manufacturing
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1*.......................... 2812-2819............................................... Industrial Inorganic
Chemicals.
2*.......................... 2821-2824............................................... Plastics Materials and
Synthetic Resins,
Synthetic Rubber,
Cellulosic and Other
Manmade Fibers Except
Glass.
3........................... 2833-2836............................................... Medicinal chemicals and
botanical products;
pharmaceutical
preparations; invitro
and invivo diagnostic
substances; biological
products, except
diagnostic substances.
4*.......................... 2841-2844............................................... Soaps, Detergents, and
Cleaning Preparations;
Perfumes, Cosmetics,
and Other Toilet
Preparations.
5........................... 2851.................................................... Paints, Varnishes,
Lacquers, Enamels, and
Allied Products.
6........................... 2861-2869............................................... Industrial Organic
Chemicals.
7*.......................... 2873-2879............................................... Agricultural Chemicals,
Including Facilities
that Make Fertilizer
Solely from Leather
Scraps and Leather
Dust.
8........................... 2891-2899............................................... Miscellaneous Chemical
Products.
9........................... 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.
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Sector D. Asphalt Paving and Roofing Materials Manufacturers and Lubricant Manufacturers
----------------------------------------------------------------------------------------------------------------
1*.......................... 2951, 2952.............................................. Asphalt Paving and
Roofing Materials.
2........................... 2992, 2999.............................................. Miscellaneous Products
of Petroleum and Coal.
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Sector E. Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing
----------------------------------------------------------------------------------------------------------------
1........................... 3211.................................................... Flat Glass.
3221, 3229.............................................. Glass and Glassware,
Pressed or Blown.
3231.................................................... Glass Products Made of
Purchased Glass.
3281.................................................... Cut Stone and Stone
Products.
3297.................................................... Abrasive, Asbestos, and
Miscellaneous
Nonmetallic Mineral
Products.
2........................... 3241.................................................... Hydraulic Cement.
3*.......................... 3251-3259............................................... Structural Clay
Products.
3262-3269............................................... Pottery and Related
Products.
3297.................................................... Non-Clay Refractories.
4*.......................... 3271-3275............................................... Concrete, Gypsum and
Plaster Products.
3295.................................................... Minerals and Earth's,
Ground, or Otherwise
Treated.
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s2Sector F. Primary Metals
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1*.......................... 3312-3317............................................... Steel Works, Blast
Furnaces, and Rolling
and Finishing Mills.
2*.......................... 3321-3325............................................... Iron and Steel
Foundries.
3........................... 3331-3339............................................... Primary Smelting and
Refining of Nonferrous
Metals.
4........................... 3341.................................................... Secondary Smelting and
Refining of Nonferrous
Metals.
5*.......................... 3351-3357............................................... Rolling, Drawing, and
Extruding of Nonferrous
Metals.
6*.......................... 3363-3369............................................... Nonferrous Foundries
(Castings).
7........................... 3398, 3399.............................................. Miscellaneous Primary
Metal Products.
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Sector G. Metal Mining (Ore Mining and Dressing)
----------------------------------------------------------------------------------------------------------------
1........................... 1011.................................................... Iron Ores.
2*.......................... 1021.................................................... Copper Ores.
3........................... 1031.................................................... Lead and Zinc Ores.
4........................... 1041, 1044.............................................. Gold and Silver Ores.
5........................... 1061.................................................... Ferroalloy Ores, Except
Vanadium.
6........................... 1081.................................................... Metal Mining Services.
7........................... 1094, 1099.............................................. Miscellaneous Metal
Ores.
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Sector H. Coal Mines and Coal Mining-Related Facilities
----------------------------------------------------------------------------------------------------------------
NA*......................... 1221-1241............................................... Coal Mines and Coal
Mining-Related
Facilities.
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Sector I. Oil and Gas Extraction
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1*.......................... 1311.................................................... Crude Petroleum and
Natural Gas.
2........................... 1321.................................................... Natural Gas Liquids.
3*.......................... 1381-1389............................................... Oil and Gas Field
Services.
4........................... 2911.................................................... Petroleum refining
----------------------------------------------------------------------------------------------------------------[[Page 17015]]
Sector J. Mineral Mining and Dressing
----------------------------------------------------------------------------------------------------------------
1*.......................... 1411.................................................... Dimension Stone.
1422-1429............................................... Crushed and Broken
Stone, Including Rip
Rap.
1481.................................................... Nonmetallic Minerals,
Except Fuels.
2*.......................... 1442, 1446.............................................. Sand and Gravel.
3........................... 1455, 1459.............................................. Clay, Ceramic, and
Refractory Materials.
4........................... 1474-1479............................................... Chemical and Fertilizer
Mineral Mining.
1499.................................................... Miscellaneous
Nonmetallic Minerals,
Except Fuels.
----------------------------------------------------------------------------------------------------------------
Sector K. Hazardous Waste Treatment Storage or Disposal Facilities
----------------------------------------------------------------------------------------------------------------
NA*......................... HZ...................................................... Hazardous Waste
Treatment, Storage or
Disposal.
----------------------------------------------------------------------------------------------------------------
Sector L. Landfills and Land Application Sites
----------------------------------------------------------------------------------------------------------------
NA*......................... LF...................................................... Landfills, Land
Application Sites and
Open Dumps.
----------------------------------------------------------------------------------------------------------------
Sector M. Automobile Salvage Yards
----------------------------------------------------------------------------------------------------------------
NA*......................... 5015.................................................... Automobile Salvage
Yards.
----------------------------------------------------------------------------------------------------------------
Sector N. Scrap Recycling Facilities
----------------------------------------------------------------------------------------------------------------
NA*......................... 5093.................................................... Scrap Recycling
Facilities.
----------------------------------------------------------------------------------------------------------------
Sector O. Steam Electric Generating Facilities
----------------------------------------------------------------------------------------------------------------
NA*......................... SE...................................................... Steam Electric
Generating Facilities.
----------------------------------------------------------------------------------------------------------------
Sector P. Land Transportation
----------------------------------------------------------------------------------------------------------------
1........................... 4011, 4013.............................................. Railroad Transportation.
2........................... 4111-4173............................................... Local and Highway
Passenger
Transportation.
3........................... 4212-4231............................................... Motor Freight
Transportation and
Warehousing.
4........................... 4311.................................................... United States Postal
Service.
5........................... 5171.................................................... Petroleum Bulk Stations
and Terminals.
----------------------------------------------------------------------------------------------------------------
Sector Q. Water Transportation
----------------------------------------------------------------------------------------------------------------
NA*......................... 4412-4499............................................... Water Transportation.
----------------------------------------------------------------------------------------------------------------
Sector R. Ship and Boat Building or Repairing Yards
----------------------------------------------------------------------------------------------------------------
NA.......................... 3731, 3732.............................................. Ship and Boat Building
or Repairing Yards.
----------------------------------------------------------------------------------------------------------------
Sector S. Air Transportation Facilities
----------------------------------------------------------------------------------------------------------------
NA*......................... 4512-4581............................................... Air Transportation
Facilities.
----------------------------------------------------------------------------------------------------------------
Sector T. Treatment Works
----------------------------------------------------------------------------------------------------------------
NA*......................... TW...................................................... Treatment Works.
----------------------------------------------------------------------------------------------------------------
Sector U. Food and Kindred Products
----------------------------------------------------------------------------------------------------------------
1........................... 2011-2015............................................... Meat Products.
2........................... 2021-2026............................................... Dairy Products.
3........................... 2032.................................................... Canned, Frozen and
Preserved Fruits,
Vegetables and Food
Specialties.
4*.......................... 2041-2048............................................... Grain Mill Products.
5........................... 2051-2053............................................... Bakery Products.
6........................... 2061-2068............................................... Sugar and Confectionery
Products.
7*.......................... 2074-2079............................................... Fats and Oils.
8........................... 2082-2087............................................... Beverages.
9........................... 2091-2099............................................... Miscellaneous Food
Preparations and
Kindred Products.
2111-2141............................................... Tobacco Products.
----------------------------------------------------------------------------------------------------------------
Sector V. Textile Mills, Apparel, and Other Fabric Product Manufacturing
----------------------------------------------------------------------------------------------------------------
1........................... 2211-2299............................................... Textile Mill Products.
2........................... 2311-2399............................................... Apparel and Other
Finished Products Made
From Fabrics and
Similar Materials.
3131-3199 (except 3111)................................. Leather Products.
----------------------------------------------------------------------------------------------------------------[[Page 17016]]
Sector W. Furniture and Fixtures
----------------------------------------------------------------------------------------------------------------
NA.......................... 2511-2599............................................... Furniture and Fixtures.
2434.................................................... Wood Kitchen Cabinets.
----------------------------------------------------------------------------------------------------------------
Sector X. Printing and Publishing
----------------------------------------------------------------------------------------------------------------
NA.......................... 2711-2796............................................... Printing, Publishing and
Allied Industries.
----------------------------------------------------------------------------------------------------------------
Sector Y. Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries
----------------------------------------------------------------------------------------------------------------
1*.......................... 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.
2........................... 3081-3089............................................... Miscellaneous Plastics
Products.
3931.................................................... Musical Instruments.
3942-3949............................................... Dolls, Toys, Games and
Sporting and Athletic
Goods.
3951-3955 (except 3952 as specified in Sector C)........ Pens, Pencils, and Other
Artists' Materials.
3961, 3965.............................................. Costume Jewelry, Costume
Novelties, Buttons, and
Miscellaneous Notions,
Except Precious Metal.
3991-3999............................................... Miscellaneous
Manufacturing
Industries.
----------------------------------------------------------------------------------------------------------------
Sector Z. Leather Tanning and Finishing
----------------------------------------------------------------------------------------------------------------
NA.......................... 3111.................................................... Leather Tanning and
Finishing.
----------------------------------------------------------------------------------------------------------------
Sector AA. Fabricated Metal Products
----------------------------------------------------------------------------------------------------------------
1*.......................... 3411-3499............................................... Fabricated Metal
Products, Except
Machinery and
Transportation
Equipment and Cutting,
Engraving and Allied
Services.
3911-3915............................................... Jewelry, Silverware, and
Plated Ware.
2*.......................... 3479.................................................... Coating, Engraving, and
Allied Services.
----------------------------------------------------------------------------------------------------------------
Sector AB. Transportation Equipment, Industrial or Commercial Machinery
----------------------------------------------------------------------------------------------------------------
NA.......................... 3511-3599 (except 3571-3579)............................ Industrial and
Commercial Machinery
(except Computer and
Office Equipment--see
Sector AC).
NA.......................... 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
----------------------------------------------------------------------------------------------------------------
NA.......................... 3612-3699............................................... Electronic, Electrical
Equipment and
Components, Except
Computer Equipment.
3812-3873............................................... Measuring, Analyzing and
Controlling Instrument;
Photographic and
Optical Goods, Watches
and Clocks.
3571-3579............................................... Computer and Office
Equipment.
----------------------------------------------------------------------------------------------------------------
Sector AD. Reserved for Facilities Not Covered Under Other Sectors and Designated by the Director
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
* Denotes subsector with analytical (chemical) monitoring requirements.
NA indicates those industry sectors in which subdivision into subsectors was determined to be not applicable. The final MSGP modification of September 30, 1998 (63 FR 52430)
expanded the coverage of the 1995 MSGP to include a small number of
categories of facilities which had been covered by the 1992 baseline
industrial general permit but excluded from the MSGP. In Table 1 above,
these categories have been included in the appropriate sectors/
subsectors of the MSGP as determined by the September 30, 1998
modification.
With the September 30, 1998 modification, EPA believes that the
MSGP now covers all of the categories of industrial facilities which
may discharge storm water associated with industrial activity as
defined at 40 CFR 122.26(b)(14) (except construction activities
disturbing five or more acres which are permitted separately). However,
the September 30, 1998 modification also added another sector to the
MSGP (Sector AD) to cover any inadvertent omissions. EPA is proposing
to retain Sector AD in the reissued MSGP.
Sector AD is further intended to provide a readily available means
for covering many of the storm water facilities which are designated
for permitting in accordance with NPDES regulations at 40 CFR
122.26(g)(1)(i). These regulations provide that permit applications may
be required within 180 days of notice for any discharges which
contribute to a violation of a water[[Page 17017]]
quality standard, or are determined to be significant sources of
pollutants.
EPA also recognizes that a new North American Industry
Classification System (NAICS) was recently adopted by the Office of
Management and Budget (62 FR 17288, April 9, 1997). NAICS replaces the
1987 standard industrial classification (SIC) code system for the
collection of statistical economic data. However, the use of the new
system for nonstatistical purposes is optional. EPA considered the use
of NAICS for the today's proposal, but elected to retain the 1987 SIC
code system since the storm water regulations (40 CFR 122.26(b)(14))
reference the previous system and this system has generally proven to
be adequate for identifying the facilities covered by storm water
regulations. EPA will consider transitioning to the new NAICS system in
future rule making.V. Limitations on Coverage
A. Storm Water Discharges Subject to Effluent Guideline Limitations,
Including New Source Performance Standards
The general prohibition on coverage of storm water subject to an
effluent guideline limitation in the 1995 MSGP has been retained. Only
those storm water discharges subject to the following effluent
guidelines are eligible for coverage (provided they meet all other
eligibility requirements):
Table 2.--Effluent Guidelines Applicable to Discharges That May be Eligible for Permit Coverage
----------------------------------------------------------------------------------------------------------------
Effluent guideline New source <SUP>1</SUP> Sectors <SUP>2</SUP>
----------------------------------------------------------------------------------------------------------------
Runoff from material storage piles at cement Yes............................... E
manufacturing facilities [40 CFR Part 411 Subpart
C (established February 23, 1977)].
Contaminated runoff from phosphate fertilizer Yes............................... C
manufacturing facilities [40 CFR Part 418 Subpart
A (established April 8, 1974)].
Coal pile runoff at steam electric generating Yes............................... O
facilities [40 CFR Part 423 (established November
19, 1982)].
Discharges resulting from spray down or Yes............................... A
intentional wetting of logs at wet deck storage
areas [40 CFR Part 429, Subpart I (established
January 26, 1981)].
Mine dewatering discharges at crushed stone mines No................................ J
[40 CFR part 436, Subpart B].
Mine dewatering discharges at construction sand No................................ J
and gravel mines [40 CFR part 436, Subpart C].
Mine dewatering discharges at industrial sand No................................ J
mines [40 CFR part 436, Subpart D].
Runoff from asphalt emulsion facilities [40 CFR Yes............................... D
Part 443 Subpart A (established July 24, 1975)]..
Runoff from landfills, [40 CFR Part 445, Subpart A Yes............................... K & L
and B (established February 2, 2000.].
----------------------------------------------------------------------------------------------------------------
<SUP>1</SUP> New Source Performance Standards Included in Effluent Guidelines?
<SUP>2</SUP> Sectors with Affected Facilitates. Section 306 of the Clean Water Act (CWA) requires EPA to develop
performance standards for all new sources described in that section.
These standards apply to all facilities which go into operation after
the date the standards are promulgated. Section 511(c) of the CWA Act
requires the Agency to comply with the National Environmental Policy
Act (NEPA) prior to issuance of a permit under the authority of section
402 of the CWA to facilities defined as a new source under Section 306.
The fact sheet for the existing MSGP described a process for
ensuring compliance with NEPA for the MSGP (60 FR 50809). This process,
which is repeated below, is proposed to be retained for the reissued
MSGP. Additional guidance is found in a new Addendum C to the proposed
MSGP.
Facilities which are subject to the performance standards for new
sources as described in this section of the fact sheet must provide EPA
with an Environmental Information Document pursuant to 40 CFR 6.101
prior to seeking coverage under this permit. This information shall be
used by the Agency to evaluate the facility under the requirements of
NEPA in an Environmental Review. The Agency will make a final decision
regarding the direct or indirect impact of the discharge. The Agency
will follow all administrative procedures required in this process. The
permittee must obtain a copy of the Agency's final finding prior to the
submission of a Notice of Intent to be covered by this general permit.
In order to maintain eligibility, the permittee must implement any
mitigation required of the facility as a result of the NEPA review
process. Failure to implement mitigation measures upon which the
Agency's NEPA finding is based is grounds for termination of permit
coverage. In this way, EPA has established a procedure which allows for
the appropriate review procedures to be completed by this Agency prior
to the issuance of a permit under section 402 of the CWA to an operator
of a facility subject to the new source performance standards of
section 306 of the CWA. EPA believes that it has fulfilled its
requirements under NEPA for this Federal action under section 402 of
the CWA.B. Historic Preservation
The National Historic Preservation Act (NHPA) requires Federal
agencies to take into account the effects of Federal undertakings,
including undertakings on historic properties that are either listed
on, or eligible for listing on, the National Register of Historic
Places. The term ``Federal undertaking'' is defined in the existing
NHPA regulations to include any project, activity, or program under the
direct or indirect jurisdiction of a Federal agency that can result in
changes in the character or use of historic properties, if any such
historic properties are located in the area of potential effects for
that project, activity, or program. See 36 CFR 800.2(a). Historic
properties are defined in the NHPA regulations to include prehistoric
or historic districts, sites, buildings, structures, or objects that
are included in, or are eligible for inclusion in, the National
Register of Historic Places. See 36 CFR 800.2(e).
Federal undertakings include the EPA's issuance of general NPDES
permits. In light of NHPA requirements, EPA included a provision in the
eligibility requirements of the 1995 MSGP for the consideration of the
effects to historic properties. That provision provides that an
applicant is eligible for permit coverage only if: (1) The applicant's
storm water discharges and BMPs to control storm water runoff do not
affect a historic property, or (2) the applicant has obtained, and is
in compliance with, a written agreement between the applicant and the
State Historic Preservation Officer (SHPO) that outlines all measures
to be taken by the applicant to mitigate or prevent adverse effects to
the historic property.[[Page 17018]]
See Part I.B.6, 60 FR 51112 (September 29, 1995). When applying for
permit coverage, applicants are required to certify in the NOI that
they are in compliance with the Part I.B.6 eligibility requirements.
Provided there are no other factors limiting permit eligibility, MSGP
coverage is then granted 48 hours after the postmark on the envelope
used to the mail the NOI.
The September 30, 1998 modification included two revisions of the
original MSGP with respect to historic properties. First, EPA amended
the original Part I.B.6.(ii) to include a reference to Tribal Historic
Preservation Officers (THPOs) because MSGP coverage extends to Tribal
lands and in recognition of the central role Tribal governments play in
the protection of historic resources. Second, EPA included NHPA
guidance and a list of SHPO and THPO addresses in a new Addendum I to
the MSGP to assist applicants with the certification process for permit
eligibility under this condition.
For the MSGP-2000, EPA is proposing to modify slightly the
requirements of the first option for obtaining permit coverage to
enhance the protection of historic properties. Permit coverage would
only be available if storm water and allowable non-storm water
discharges and ``discharge-related activities'' do not affect historic
properties. ``Discharge-related activities'' are defined to include
activities which cause, contribute to, or result in storm water and
allowable non-storm water point source discharges, and measures such as
the siting, construction and obtained, and is in compliance with, a
written agreement between the applicant and the State Historic
Preservation Officer (SHPO) that outlines all measures to be taken by
the applicant to mitigate or prevent adverse effects to the historic
property. See Part I.B.6, 60 FR 51112 (September 29, 1995). When
applying for permit coverage, applicants are required to certify in the
NOI that they are in compliance with the Part I.B.6 eligibility
requirements. Provided there are no other factors limiting permit
eligibility, MSGP coverage is then granted 48 hours after the postmark
on the envelope used to the mail the NOI.
The September 30, 1998 modficiation included two revisions of the
original MSGP with respect to historic properties. First, EPA amended
the original Part I.B.6(ii) to include a reference to Tribal Historic
Preservation Officers (THPOs) because MSGP coverage extends to Tribal
lands and in recognition of the central role Tribal governments play in
the protection of historic resources. Second, EPA included NHPA
guidance and a list of SHPO and THPO addresses in a new Addendum I to
the MSGP to assist applicants with the certification process for permit
eligibility under this condition.
For the MSGP-2000, EPA is proposing to modify slightly the
requirements of the first option for obtaining permit coverage to
enhance the protection of historic properties. Permit coverage would
only available if storm water and allowable non-storm water discharges
and ``discharge-related activities'' do not affect historic properties.
``Discharge-related activities'' are defined to include activities
which cause, contribute to, or result in storm water and allowable non-
storm water point source discharges, and measures such as the siting,
construction and operation of BMPs to control, reduce of prevent
pollution in the discharges. Discharge-related activity is included to
ensure compliance with NHPA requirements to consider the effects of
activities which are related to the activity which is permitted, i.e.,
the storm water and non-storm water discharges.
Also, as discussed in Section VI.A.1 below, EPA is proposing to
modify the Notice of Intent form to require that operators identify
which of the above two options they are using to ensure eligibility for
permit coverage under the MSGP. The NHPA guidance has also been
modified to reflect the above changes, and appears in Addendum B in
today's notice rather than Addendum I.
Facilities seeking coverage under the MSGP which cannot certify
compliance with the NHPA requirements must submit individual permit
applications to the permitting authority. For facilities already
covered by the existing MSGP, the deadline for the individual
applications is the same as that for NOIs requesting coverage under the
reissued MSGP (December 29, 2000).C. Endangered Species
The Endangered Species Act (ESA) of 1973 requires Federal Agencies
such as EPA to ensure, in consultation with the U.S. Fish and Wildlife
Service (FWS) and the National Marine Fisheries Service (NMFS) (also
known collectively as the ``Services''), that any actions authorized,
funded, or carried out by the Agency (e.g., EPA issued NPDES permits
authorizing discharges to waters of the United States) are not likely
to jeopardize the continued existence of any Federally-listed
endangered or threatened species or adversely modify or destroy
critical habitat of such species (see 16 U.S.C. 1536(a)(2), 50 CFR part
402 and 40 CFR 122.49(c)).
For the 1995 MSGP, EPA conducted formal consultation with the
Services which resulted in a joint Service biological opinion issued by
the FWS on March 31, 1995, and by the NMFS on April 5, 1995, which
concluded that the issuance and operation of the MSGP was not likely to
jeopardize the existence of any listed endangered or threatened
species, or result in the adverse modification or destruction of any
critical habitat.
The existing MSGP contains a number of conditions to protect listed
species and critical habitat. Permit coverage is only provided where:
<bullet> The storm water discharge(s), and the construction of BMPs
to control storm water runoff, are not likely to adversely affect
species identified in Addendum H of the permit; or
<bullet> The applicant's activity has received previous
authorization under the Endangered Species Act and established an
environmental baseline that is unchanged; or,
<bullet> The applicant is implementing appropriate measures as
required by the Director to address adverse effects.
For the MSGP-2000, EPA is proposing to modify the ESA-related
requirements for obtaining permit coverage to enhance the protection of
listed species. First, permit coverage is only available if storm water
and allowable non-storm water discharges and ``discharge-related
activities'' avoid unacceptable effects to listed species. ``Discharge-
related activities'' are defined to include activities which cause,
contribute to or result in storm water and allowable non-storm water
point source discharges, and measures such as the siting, construction
and operation of BMPs to control, reduce or prevent pollution in the
discharges. Inclusion of discharge-related activity is for compliance
with ESA requirements to consider the effects of activities which are
related to the activity which is permitted, i.e., the storm water and
non-storm water discharges. NOTE: The permit conditions, NOI
requirements and/or related guidance for the final permit are subject
to revision based on results of required ESA Sec. 7 consultations with
the Services over issuance of the permit.
In addition, operators seeking coverage under the proposed MSGP
must certify that they are eligible for coverage under one of the
following five options which are provided in Parts 1.2.3.6.3.1 through
5 of the permit:
1. No endangered or threatened species or critical habitat are in
proximity to the facility or the point[[Page 17019]]
where authorized discharges reach the receiving water; or
2. In the course of a separate federal action involving the
facility (e.g.,
EPA processing request for an individual NPDES permit, issuance of a
CWA Section 404 wetlands dredge and fill permit, etc.), formal or
informal consultation with the Fish and Wildlife Service and/or the
National Marine Fisheries Service under section 7 of the ESA has been
concluded and that consultation:
(a) Addressed the effects of the storm water and 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(s) on a finding that the storm water
and allowable non-storm water discharges and discharge-related
activities are not likely to adversely affect listed species or
critical habitat; or
3. The activities are authorized under section 10 of the ESA and
that authorization addresses the effects of the storm water and
allowable non-storm water discharges and discharge-related activities
on listed species and critical habitat; or
4. Using due diligence, the operator has evaluated the effects of
the storm water discharges, allowable non-storm water discharges, and
discharge-related activities on listed endangered or threatened species
and critical habitat and does not have reason to believe listed species
or critical habitat would be adversely affected; or
5. The storm water and 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 the facility's activities. By certifying
eligibility under this Part, a permittee agrees to comply with any
measures or controls upon which the other operator's certification was
based.
The first four options listed above are similar to the eligibility
provisions of the existing MSGP. Option 5 was added to account for
situations such as an airport facility where one operator (e.g., the
airport authority) may have covered the entire airport through its
certification. Option 5 would allow other operators to take advantage
of such a certification without repeating the reviews conducted by the
first operator. Options 1 and 4 are essentially the two halves of the
1995 MSGP's ``unlikely to adversely effect'' option. Option 1 would
apply to operators who are not adversely affecting endangered species
because listed species simply are not in proximity to their facility.
Option 4 would apply to operators who have endangered species nearby
and must look more closely at potential adverse effects and may need to
adopt measures to reduce the risk of adverse effects on listed species
or critical habitat. The separation of the two routes to determine that
a facility is unlikely to adversely affect listed species, coupled with
the new NOI requirement to indicate whether or not the Service was
contacted in making the determination will also allow for better
oversight of the permit. Under the 1995 permit, there was no way to
tell from the NOI information whether the decision on eligibility was
due to no species in the county, a discussion with the Service, or a
simple unilateral decision by the operator.
Addendum H of the 1995 MSGP provided instructions to assist
permittees in determining whether they meet the permit's ESA-related
eligibility requirements. For today's proposed MSGP-2000, this guidance
has been updated to reflect above requirements and appears as Addendum
A. As noted in Section VI.A.1 below, EPA is also proposing to modify
the Notice of Intent form to conform with new ESA requirements
discussed above.
Addendum H of the 1995 MSGP contained a list of proposed and listed
endangered and threatened species that could be affected by the
discharges and measures to control pollutants in the discharges. EPA
reinitiated and completed formal consultation with the Services for the
September 30, 1998 modification of the MSGP. As a result of this
consultation and in response to public comments on the modification,
EPA updated the species list in Addendum H to include species that were
listed or proposed for listing since the Addendum H list was originally
compiled on March 31, 1995. EPA also decided to expand the list to
include all of the terrestrial (i.e., non-aquatic) listed and proposed
species in recognition that those species may be impacted by permitted
activities such as the construction and operation of the BMPs. The
September 30, 1998 MSGP modification included the species list updated
as of July 8, 1998 (63 FR 52494). The species list is also being
updated on a regular basis and an electronic copy of the list is
available at the Office of Wastewater Management website at ``http://
www.epa.gov/owm/esalst2.htm''.
To be eligible for coverage under the reissued MSGP, facilities
must review the updated list of species and their locations in
conjunction with the Addendum A instructions for completing the
application requirements under this permit. If an applicant determines
that none of the species identified in the updated species list are
found in the county in which the facility is located, then there is no
likelihood of an adverse effect and they are eligible for permit
coverage. Applicants must then certify that their storm water and
allowable non-storm water discharges, and their discharge-related
activities, are not likely to adversely affect species and will be
granted MSGP permit coverage 48 hours after the date of the postmark on
the envelope used to mail the NOI form, provided there are no other
factors limiting permit eligibility.
If listed species are located in the same county as the facility
seeking MSGP coverage, then the applicant must determine whether the
species are in proximity to the storm water or allowable non-storm
water discharges or discharge-related activities at the facility. A
species is in proximity to a storm water or allowable non-storm water
discharge when the species is located in the path or down gradient area
through which or over which point source discharge flows from
industrial activities to the point of discharge into the receiving
water, and once discharged into the receiving water, in the immediate
vicinity of, or nearby, the discharge point. A species is also in
proximity if a species is located in the area of a site where
discharge-related activities occur. If an applicant determines there
are no species in proximity to the storm water or allowable non-storm
water discharges, or discharge-related activities, then there is no
likelihood of adversely affecting the species and the applicant is
eligible for permit coverage.
If species are in proximity to the storm water or allowable non-
storm water discharges or discharge-related activities, as long as they
have been considered as part of a previous ESA authorization of the
applicant's activity, and the environmental baseline established in
that authorization is unchanged, the applicant may be covered under the
permit. The environmental baseline generally includes the past and
present impacts of all Federal, state and private actions that were
occurring at the time the initial NPDES authorization and current ESA
section 7 action by EPA or any other federal agency was taken.
Therefore, if a permit applicant has received previous authorization
and nothing has changed or been added to the environmental baseline
established in the previous authorization, then[[Page 17020]]
coverage under this permit will be provided.
In the absence of such previous authorization, if species
identified in the updated species list are in proximity to the
discharges or discharge-related activities, then the applicant must
determine whether there is any likely adverse effect upon the species.
This is done by the applicant conducting a further examination or
investigation, or an alternative procedure, as described in the
instructions in Addendum A of the permit. If the applicant determines
that there is no likely adverse effect upon the species, then the
applicant is eligible for permit coverage. If the applicant determines
that there likely is, or will likely be an adverse effect, then the
applicant is not eligible for MSGP coverage unless or until they can
meet one of the other eligibility conditions.
All dischargers applying for coverage under the MSGP must provide
in the application information on the Notice of Intent form: (1) A
determination as to whether there are any listed species in proximity
to the storm water or allowable non-storm water discharges or discharge
related activity, and (2) An indication of which option under Part
1.2.3.6.3 of the MSGP they claim eligibility for permit coverage, and
(3) a certification that their storm water and allowable non-storm
water discharges and discharge-related activities are not likely to
adversely affect listed species, or are otherwise eligible for coverage
due to a previous authorization under the ESA. Coverage is contingent
upon the applicant's providing truthful information concerning
certification and abiding by any conditions imposed by the permit.
Dischargers who cannot determine if they meet one of the endangered
species eligibility criteria cannot sign the certification to gain
coverage under the MSGP and must apply to EPA for an individual NPDES
storm water permit. For facilities already covered by the existing
MSGP, the deadline for the individual applications is the same as that
for NOIs requesting coverage under the reissued MSGP (December 29,
2000). As appropriate, EPA will conduct ESA section 7 consultation when
issuing such individual permits.
Regardless of the above conditions, EPA may require that a
permittee apply for an individual NPDES permit on the basis of possible
adverse effects on species or critical habitats. Where there are
concerns that coverage for a particular discharger is not sufficiently
protective of listed species, the Services (as well as any other
interested parties) may petition EPA to require that the discharger
obtain an individual NPDES permit and conduct an individual section 7
consultation as appropriate.
In addition, the Assistant Administrator for Fisheries for the
National Oceanic and Atmospheric Administration, or his/her authorized
representative, or the U.S. Fish and Wildlife Service (as well as any
other interested parties) may petition EPA to require that a permittee
obtain an individual NPDES permit. The permittee is also required to
make the SWPPP, annual site compliance inspection report, or other
information available upon request to the Assistant Administrator for
Fisheries for the National Oceanic and Atmospheric Administration, or
his/her authorized representative, or the U.S. Fish and Wildlife
Service Regional Director, or his/her authorized representative.
These mechanisms allow for the broadest and most efficient coverage
for the permittee while still providing for the most efficient
protection of endangered species. They significantly reduce the number
of dischargers that must be considered individually and therefore allow
the Agency and the Services to focus their resources on those
discharges that are indeed likely to adversely affect listed species.
Straightforward mechanisms such as these allow applicants more
immediate access to permit coverage, and eliminates ``permit limbo''
for the greatest number of permitted discharges. At the same time it is
more protective of endangered species because it allows both agencies
to focus on the real problems, and thus, provide endangered species
protection in a more expeditious manner.D. New Storm Water Discharges to Water Quality-Impaired or Water
Quality-Limited Receiving Waters
Today's proposal includes a new provision (Part 1.2.3.8) which
establishes eligibility conditions with regard to discharges to water
quality-limited or water quality-impaired waters. For the purposes of
this permit, ``water quality-impaired'' refers to a stream, lake,
estuary, etc. that is not currently meeting its assigned water quality
standards. These waters are also referred to as ``303(d) waters'' due
to the requirement under that section of the CWA for States to
periodically list all state waters that are not meeting their water
quality standards. ``Water quality-limited waters'' refers to
waterbodies for which a State had to develop individual Total Maximum
Daily Loads (TMDLs), a tool which helps waterbodies meet their water
quality standards. A TMDL is a calculation of the maximum amount of a
pollutant that a waterbody can receive and still meet water quality
standards, and an allocation of that amount to the pollutant's sources.
Water quality standards are set by States, Territories, and Tribes.
They identify the uses for each waterbody, for example, drinking water
supply, contact recreation (swimming), and aquatic life support
(fishing), and the scientific criteria to support that use. The Clean
Water Act, section 303, establishes the water quality standards and
TMDL programs.
Prior to submitting a Notice of Intent, any new discharger (see 40
CFR 122.2) to a 303(d) waterbody must be able to demonstrate compliance
with 40 CFR 122.4(i). In essence, you are a new discharger if your
facility started discharging after August 13, 1979 and your storm water
was not previously permitted. Any discharger to a waterbody for which
there is an approved TMDL must confirm that the TMDL allocated a
portion of the load for storm water point source discharges. These
provisions apply only to discharges containing the pollutant(s) for
which the waterbody is impaired or the TMDL developed.
Part 1.2.3.8.1 (which applies to new storm water discharges and not
to existing discharges) is designed to better ensure compliance with
NPDES regulations at 40 CFR 122.4(i), which include certain special
requirements for new discharges into impaired waterbodies. Lists of
impaired waterbodies (sometimes referred to as 303(d) waterbodies) may
be obtained from appropriate State environmental offices or their
internet sites. NPDES regulations at 40 CFR 122.4(i) prohibit new
discharges unless it can be shown that: 1. There are sufficient remaining pollutant load allocations to
allow for the discharge; and
2. The existing dischargers into that segment are subject to
compliance schedules designed to bring the segments into compliance
with applicable water quality standards. Part 1.2.3.8.2 (which applies to both new and existing storm water
discharges) is designed to better ensure compliance with NPDES
regulations at 40 CFR 122.4(d), which requires compliance with State
water quality standards. The eligibility condition prohibits coverage
of new or existing discharges of a particular pollutant where there is
a TMDL, unless the discharge is consistent with the TMDL. Lists of
waterbodies with TMDLs may be obtained from appropriate State
environmental offices or their internet sites and from EPA's TMDL
internet site at http://www.epa.gov/owow/tmdl/index.html. It should
also be noted that
[[Page 17021]]
EPA has recently proposed revisions to NPDES regulations pertaining to
discharges to impaired receiving waters (64 FR 46058, August 23, 1999).
How these revisions will ultimately apply to general permits is unclear
at this time. However, the final MSGP may include additional
requirements to ensure consistency with the final revisions.
E. Storm Water Discharges Subject to Anti-Degradation Provisions of
Water Quality Standards
Part 1.2.3.9 of today's proposed MSGP includes a new provision
which clarifies that discharges which do not comply with applicable
anti-degradation provisions of State water quality standards are not
eligible for coverage under the MSGP. This eligibility condition is
designed to better ensure compliance with NPDES regulations at 40 CFR
122.4(d), which requires compliance with State water quality standards.
Anti-degradation provisions may be obtained from the appropriate State
environmental office or their internet sites.
F. Storm Water Discharges Previously Covered by an Individual Permit
The 1995 MSGP contained general prohibitions on coverage where a
discharge was covered by another NPDES permit (Part I.B.3.d) and where
a permit had been terminated other than at the request of the permittee
(Part I.B.3.e.). It was therefore possible to obtain coverage by
requesting termination of an individual permit and then submitting an
NOI for coverage under the MSGP. This could be desirable from both the
discharger's and EPA's perspective for a variety of reasons, for
example, where a wastewater permit included storm water outfalls, but
the wastewater outfalls had been eliminated. Being able to use the
general permit would reduce the application cost to the permittee and
the administrative burden of permit issuance to the Agency. Today's
permit clarifies the conditions under which transfer from an individual
permit to this general permit would be acceptable (Part 1.2.3.3.2).
In order to avoid conflict with the anti-backsliding provisions of
the CWA, transfer from an individual permit to the MSGP will only be
allowed where all of the following conditions are met:
<bullet> All wastewater discharges in the individual permit have
been eliminated and only storm water discharges and eligible non-storm
water discharges remain (e.g., wastewater is now discharged to a
municipal sanitary sewer); and
<bullet> The individual permit did not contain numeric water
quality-based effluent limitations developed for the storm water
component of the discharge; and
<bullet> The permittee includes any specific BMPs for storm water
required under the individual permit in their storm water pollution
prevention plan.
<bullet> Implementation of a comprehensive pollution prevention
plan for the entire facility (as opposed to selected outfalls in an
individual permit) and compliance will all other conditions of the MSGP
is deemed to be at least as stringent a technology-based permit limit
as the conditions of the individual permit. This assumption is only
made where the previous permit did not contain any specific water
quality-based effluent limitations on storm water discharges (e.g.,
storm water contained high levels of zinc and the individual permit
contained a zinc limit developed to assure compliance with the State
water quality criteria).VI. Summary of Common Permit Requirements
The following section describes the permit conditions common to
discharges from all the industrial activities covered by today's
proposal. These conditions are largely the same as the conditions of
the existing MSGP.
A. Notification Requirements
General permits for storm water discharges associated with
industrial activity must require the submission of a Notice of Intent
(NOI) prior to the authorization of such discharges (see 40 CFR
122.28(b)(2)(i), April 2, 1992 (57 FR 11394)). Consistent with these
regulatory requirements, today's proposed MSGP establishes NOI
requirements. These requirements apply to facilities currently covered
by the existing MSGP, as well as new facilities seeking coverage.
However, as noted earlier, EPA is proposing to modify the NOI form to
allow the discharger, the Agency and the public to more easily
determine permit eligibility and the sector-specific conditions that
will apply to the facility. The proposed revised NOI form is found in
Addendum D of today's proposed MSGP, and is also currently being
reviewed by the Office of Management and Budget under the Paperwork
Reduction Act. The information requirements of the revised NOI form are
described below:
1. Contents of NOIs
a. An indication of which permit the operator is filing the NOI for
(e.g., a facility in New Hampshire would be filing for coverage under
permit NHR05*###, a facility located on Navajo Reservation lands in New
Mexico under the AZR05*##I permit, a private contractor operating a
federal facility in Colorado that is not located on Indian Country
lands under the COR05*##F permit, etc.);
b. The name, address, and telephone number of the operator filing
the NOI for permit coverage;
c. An indication of whether the owner of the site is a Federal,
State, Tribal, private, or other public entity;
d. The name (or other identifier), address, county, and latitude/
longitude of the facility for which the NOI is submitted (latitude/
longitude will be accepted in either degree-minute-second or decimal
format);
e. An indication of whether the facility is located on Indian
Country lands;
f. An indication of whether the facility is a federal facility
operated by the federal government;
g. The name of the receiving water(s);
h. The name of the municipal operator if the discharge enters a
municipal separate storm sewer system prior to discharge to a water of
the U.S.;
i. Up to four 4-digit Standard Industrial Classification (SIC)
codes that best represent the principal products produced or services
rendered, including hazardous waste treatment, storage, or disposal
activities, land disposal facilities that receive or have received any
industrial waste, steam electric power generating facilities, or
treatment works treating domestic sewage;
j. Identification of applicable sector(s) in this permit, as
designated in Table 1, for facility discharges associated with
industrial activity the operator wishes to have covered under this
permit;
k. Certification that a storm water pollution prevention plan
(SWPPP) meeting the requirements of Part 4 has been developed (with a
copy of the permit language to the plan);
l. 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;
m. Under which Part(s) of Part 1.2.3.6 (Endangered Species) the
applicant is certifying eligibility and whether the FWS or NMFS was
involved in making the determination of eligibility;
n. 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;
o. Under which Part(s) of Part 1.2.3.7 (Historic Properties) the
applicant is[[Page 17022]]
certifying eligibility and whether the SHPO or THPO was involved in the
determination of eligibility;
p. A signed and dated certification, signed by a authorized
representative of the facility 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), are not likely and will not likely, adversely affect
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''
The NOI must be signed in accordance with the signatory
requirements of 40 CFR 122.22. A complete description of these
signatory requirements is provided in the instructions accompanying the
NOI. Completed NOI forms must be submitted to the Storm Water Notice of
Intent (4203), 401 M Street, SW., Washington, DC 20460.
Under the 1995 MSGP, continued coverage under the general permit
(should it expire without a replacement permit being issued) was
available provided the permittee applied for the replacement general
permit according to the deadlines established in that permit. The new
MSGP has clarified this process at Part 9.2.
In the future (but not at the present time), EPA may also allow
alternate means of NOI submission (such as electronic submission). An
alternate means of NOI submission may be used by operators provided EPA
has informed the operator of the acceptability of the alternative.
2. Deadlines
For facilities currently covered by the existing MSGP, the deadline
for submission of an NOI requesting coverage under the MSGP-2000 is
December 29, 2000 (90 days after expiration of the existing MSGP). For
these facilities, the requirements of the existing MSGP are
incorporated into the MSGP-2000 and would continue to apply during the
interim period subsequent to the expiration of the existing MSGP, but
prior to submission of the NOI requesting coverage under the reissued
MSGP.
Facilities currently covered by the existing MSGP who cannot
immediately determine if they are eligible for coverage under the MSGP-
2000 may nevertheless be covered for up to 270 days provided an
application for an alternative permit is submitted within 90 days. This
interim coverage allows permit coverage while the permittee assesses
their eligibility for the MSGP-2000 and, if necessary, still meet the
180 day lead time required for applications for individual permits.
For facilities commencing operations after reissuance of the MSGP,
the NOI must be submitted at least two days prior to the commencement
of the new industrial activity. New operators of existing facilities
must also submit the NOI at least two days prior to assuming
operational control at existing facilities.
Dischargers who submit a complete NOI in accordance with the MSGP
requirements are authorized to discharge storm water associated with
industrial activity two days after the date the NOI is postmarked,
unless otherwise notified by EPA. EPA may deny coverage under the MSGP
and require submission of an individual NPDES permit application based
on a review of the completeness and/or content of the NOI or other
information (e.g., Endangered Species Act compliance, National Historic
Preservation Act Compliance, water quality information, compliance
history, history of spills, etc.). Where EPA requires a discharger
authorized under the MSGP to apply for an individual NPDES permit (or
an alternative general permit), EPA will notify the discharger in
writing that a permit application (or different NOI) is required by an
established deadline. Coverage under the MSGP will automatically
terminate if the discharger fails to submit the required permit
application in a timely manner. Where the discharger does submit a
requested permit application, coverage under the MSGP will
automatically terminate on the effective date of the issuance or denial
of the individual NPDES permit or the alternative general permit as it
applies to the individual permittee.
A discharger is not precluded from submitting an NOI at a later
date than described above. However, in such instances, EPA may bring
appropriate enforcement actions.
3. Municipal Separate Storm Sewer System Operator Notification
Operators of storm water discharges associated with industrial
activity that discharge through a large or medium municipal separate
storm sewer system (MS4) or a municipal system designated by the
Director,1 must (upon request of the MS4 operator) submit a copy of
the NOI to the municipal operator of the system receiving the
discharge. This proposed requirement differs from the existing MSGP
which requires that a copy of the NOI be sent to the MS4 operator. The
MSGP is proposed to be modified in this regard to reduce paperwork
requirements, and in consideration of the fact that most large and
medium MS4 operators already have good information concerning the
industrial facilities discharging into their MS4s.
--------------------------------------------------------------------------- 1 The terms large and medium municipal separate storm sewer
systems (systems serving a population of 100,000 or more) are
defined at 40 CFR 122.26(b)(4) and (7). Some of the cities and
counties in which these systems are found are listed in Appendices
F, G, H, and I to 40 CFR Part 122. Other municipal systems have been
designated by EPA on a case-by-case basis or have brought into the
program based upon the 1990 Census.
---------------------------------------------------------------------------
EPA wishes to ensure a coordinated program between EPA and
operators of MS4s for controlling pollutants in storm water discharges
associated with industrial activity which enter an MS4. Such a
coordinated program was intended by EPA's original storm water permit
application regulations of November 16, 1990 (47 FR 47990). Additional
discussion of this matter can be found in the original proposed MSGP
(58 FR 61146).
4. Notice of Termination
Where a discharger is able to eliminate the storm water discharges
associated with industrial activity from a facility, the discharger may
submit a Notice of Termination (NOT) form (or photocopy thereof)
provided by the Director. Today's proposed MSGP also differs from the
existing MSGP by requiring that an NOT be submitted within 30 days
after one or both of the following two conditions having been met:
a. A new owner/operator has assumed responsibility for the
facility; or
b. The permittee has ceased operations at the facility and there no
longer are discharges of storm water associated with industrial
activity from the facility;
A copy of the NOT and instructions for completing the NOT are
included in[[Page 17023]]
Addendum E. The NOT form requires the following information:
a. Name, mailing address, and location of the facility for which
the notification is submitted. Where a street address for the site is
not available, the location of the approximate center of the site must
be described in terms of the latitude and longitude to the nearest 15
seconds, or the section, township and range to the nearest quarter;
b. The name, address and telephone number of the operator addressed
by the Notice of Termination;
c. The NPDES permit number for the storm water discharge associated
with industrial activity identified by the NOT;
d. An indication of whether the storm water discharges associated
with industrial activity have been eliminated or the operator of the
discharges has changed; and
e. The following certification:
I certify under penalty of law that all storm water discharges
associated with industrial activity from the identified facility that
are authorized by an NPDES general permit have been eliminated or that
I am no longer the operator of the industrial activity. I understand
that by submitting this Notice of Termination I am no longer authorized
to discharge storm water associated with industrial activity under this
general permit, and that discharging pollutants in storm water
associated with industrial activity to waters of the United States is
unlawful under the Clean Water Act where the discharge is not
authorized by an NPDES permit. I also understand that the submission of
this notice of termination does not release an operator from liability
for any violations of this permit or the Clean Water Act.
NOTs are to be sent to the Storm Water Notice of Termination
(4203), 401 M Street SW, Washington, DC 20460.
The NOT must be signed in accordance with the signatory
requirements of 40 CFR 122.22. A complete description of these
signatory requirements is provided in the instructions accompanying the
NOT.
5. Conditional Exclusion for No Exposure
The proposed MSGP includes a special provision (Part 1.5 of the
permit) which provides that a facility may discontinue permit coverage
if the facility determines that it is eligible for the ``no exposure''
permit exemption which was created by EPA as part of the promulgation
of the Phase II storm water regulations (64 FR 68722). A notice of
termination is not required to discontinue permit coverage under these
circumstances. However, in accordance with the Phase II regulations, a
no exposure certification must be filed with the permitting authority.
It should also be noted that facilities operating under the
existing MSGP are eligible, as of the effective date of the Phase II
regulations, to submit no exposure certifications immediately if they
meet the criteria for no exposure. No exposure certification renewals
must be submitted five years from the time they are first submitted
(assuming the facility still qualifies for the exemption). If
conditions change at a facility such that renewed MSGP coverage is
needed, the facility may submit an NOI requesting renewed coverage.
EPA is also requesting comment on whether including a copy of the
``No Exposure'' form and instructions as an addendum to the permit
would be useful enough to outweigh the increase in length of the permit
and cost of publication.B. Special Conditions
The conditions of today's proposed MSGP have been designed to
comply with the technology-based standards of the CWA (BAT/BCT). Based
on a consideration of the appropriate factors for BAT and BCT
requirements, and a consideration of the factors and options for
controlling pollutants in storm water discharges associated with
industrial activity, the proposed MSGP lists a set of tailored
requirements for developing and implementing storm water pollution
prevention plans (SWPPPs), and for selected discharges, numeric
effluent limitations.2 This is same approach as in the existing MSGP.
---------------------------------------------------------------------------
2 Section 9.12.2 of the proposed MSGP provides that facilities
with storm water discharges associated with industrial activity
which, based on an evaluation of site specific conditions, believe
that the appropriate conditions of this permit do not adequately
represent BAT and BCT requirements for the facility may submit to
the Director an individual application (Form 1 and Form 2F). A
detailed explanation of the reasons why the conditions of the
available general permits do not adequately represent BAT and BCT
requirements for the facility as well as any supporting
documentation must be included.
---------------------------------------------------------------------------
Section VIII of the fact sheet for the 1995 MSGP summarized the
industry-specific BMP options for controlling pollutants in storm water
discharges associated with industrial activity for the various
industrial sectors covered by the MSGP. Section VIII of today's fact
sheet does not repeat the information from the 1995 fact sheet;
however, updates are provided as appropriate.
Section VI.B.4 of today's fact sheet discusses the storm water
discharges which are subject to numeric effluent limitations. For other
discharges covered by the proposed MSGP, the permit conditions reflect
EPA's proposed decision to identify a number of BMP and traditional
storm water management practices which prevent pollution in storm water
discharges as the BAT/BCT level of control for the majority of storm
water discharges covered by this permit. The permit conditions
applicable to these discharges are not numeric effluent limitations,
but rather are flexible requirements for developing and implementing
site specific plans to minimize and control pollutants in storm water
discharges associated with industrial activity.
EPA is authorized under 40 CFR 122.44(k)(2) to impose BMPs in lieu
of numeric effluent limitations in NPDES permits when the Agency finds
numeric effluent limitations to be infeasible. EPA may also impose BMPs
which are ``reasonably necessary * * * to carry out the purposes of the
Act'' under 40 CFR 122.44(k)(3). Both of these standards for imposing
BMPs were recognized in NRDC v. Costle, 568 F.2d 1369, 1380 (D.C. Cir.
1977). The conditions in the proposed MSGP are issued under the
authority of both of these regulatory provisions. The pollution
prevention or BMP requirements in today's proposed permit operate as
limitations on effluent discharges that reflect the application of BAT/
BCT. This is because the BMPs identified require the use of source
control technologies which, in the context of the MSGP, are the best
available of the technologies economically achievable (or the
equivalent BCT finding). See NRDC v. EPA, 822 F.2d 104, 122-23 (D.C.
Cir. 1987) (EPA has substantial discretion to impose nonquantitative
permit requirements pursuant to Section 402(a)(1)).1. Prohibition of Non-Storm Water Discharges
Today's proposal includes basically the same provisions pertaining
to non-storm water discharges as the current MSGP. Like the existing
MSGP, the proposed MSGP does not authorize non-storm water discharges
that are mixed with storm water except as provided below.
The proposed MSGP would authorize one additional non-storm water
discharge: mist discharges which originate from cooling towers and
which are deposited at an industrial facility and may be discharged.
During the term of the existing MSGP, these discharges were brought to
the attention of EPA with a request that the discharges be authorized
under the reissued MSGP.[[Page 17024]]
The mist discharges would be authorized under the proposed MSGP
provided:
a. The permittee has evaluated 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; and
b. The permittee has addressed this source of pollutants with
appropriate BMPs in the SWPPP.
The other non-storm water discharges that would be authorized under
today's proposed MSGP are the same as those in the existing MSGP and
include discharges from fire fighting activities; fire hydrant
flushings; potable water sources, including waterline flushings;
irrigation drainage; lawn watering; routine external building washdown
without detergents; pavement washwaters where spills or leaks of toxic
or hazardous materials have not occurred (unless all spilled material
has been removed) and where detergents are not used; air conditioning
condensate; compressor condensate; springs; uncontaminated ground
water; and foundation or footing drains where flows are not
contaminated with process materials such as solvents that are combined
with storm water discharges associated with industrial activity.
To be authorized under the proposed MSGP, these other sources of
non-storm water (except flows from fire fighting activities) must be
identified in the SWPPP prepared for the facility. (SWPPP requirements
are discussed in more detail below). Where such discharges occur, the
SWPPP must also identify and ensure the implementation of appropriate
pollution prevention measures for the non-storm water component(s) of
the discharge.
Today's proposal does not require pollution prevention measures to
be identified and implemented for non-storm water flows from fire-
fighting activities because these flows will generally be unplanned
emergency situations where it is necessary to take immediate action to
protect the public.
The prohibition of unpermitted non-storm water discharges in this
proposed MSGP ensures that non-storm water discharges (except for those
classes of non-storm water discharges that are conditionally authorized
in Part 1.2.2.2 of the proposed MSGP) are not inadvertently authorized
by the permit. Where a storm water discharge is mixed with non-storm
water that is not authorized by today's proposed MSGP or another NPDES
permit, the discharger should submit the appropriate application forms
(Forms 1, 2C, and/or 2E) to gain permit coverage of the non-storm water
portion of the discharge.2. Releases of Reportable Quantities of Hazardous Substances and Oil
As discussed below, today's proposed MSGP includes the same
provisions pertaining to releases of reportable quantities of hazardous
substances and oil as the existing MSGP.
a. The proposed MSGP provides that the discharge of hazardous
substances or oil from a facility must be eliminated or minimized in
accordance with the SWPPP developed for the facility. Where a permitted
storm water discharge contains a hazardous substance or oil in an
amount equal to or in excess of a reporting quantity established under
40 CFR part 117, or 40 CFR part 302 during a 24-hour period, the
following actions must be taken:
(1) Any person in charge of the facility that discharges hazardous
substances or oil is required to notify the National Response Center
(NRC) (800-424-8802; in the Washington, DC, metropolitan area, 202-426-
2675) in accordance with the requirements of 40 CFR part 117, and 40
CFR part 302 as soon as they have knowledge of the discharge.
(2) The SWPPP for the facility must be modified within 14 calendar
days of knowledge of the release to provide a description of the
release, an account of the circumstances leading to the release, and
the date of the release. In addition, the plan must be reviewed to
identify measures to prevent the reoccurrence of such releases and to
respond to such releases, and it must be modified where appropriate.
(3) The permittee must also submit to EPA within 14 calendar days
of knowledge of the release a written description of the release
(including the type and estimate of the amount of material released),
the date that such release occurred, the circumstances leading to the
release, and steps to be taken to modify the SWPPP for the facility.
b. 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.
Facilities that have more than 1 anticipated discharge per year
containing a hazardous substance in an amount equal to or in excess of
a reportable quantity are required to:
(1) Submit notifications of the first release that occurs during a
calendar year (or for the first year of this permit, after submission
of an NOI); and
(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, the SWPPP must address measures to minimize such releases.
c. 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 the discharger must report the discharge as
required under 40 CFR part 110, 40 CFR part 117, or 40 CFR part 302. 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. This approach is consistent with the requirements for
reporting releases of hazardous substances and oil that make a clear
distinction between hazardous substances typically found in storm water
discharges and those associated with spills that are not considered
part of a normal storm water discharge (see 40 CFR 117.12(d)(2)(i)).
3. Co-Located Industrial Facilities
Like the existing MSGP, today's proposal includes requirements
pertaining to co-located industrial facilities. However, these
requirements have been modified from the requirements of the existing
MSGP to clarify their applicability. Co-located industrial activities
occur when activities being conducted onsite fall into more than one of
the categories of the industrial facilities listed in Part 1.2.1 of the
proposed MSGP-2000 (e.g., a landfill at a wood treatment facility).
Facilities operating under the existing MSGP have sometimes been
unclear whether certain limited activities (e.g., minor vehicle
maintenance activities at an industrial plant) would trigger the MSGP's
requirements regarding 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[[Page 17025]]
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.
In the event there truly are co-located activities at your
facility, the proposed MSGP-2000 authorizes, as does the existing MSGP,
all storm water discharges provided that your facility complies with
all SWPPP and monitoring requirements for each co-located activity. By
monitoring the discharges from the different industrial activities, you
can better determine the effectiveness of your SWPPP for controlling
all major pollutants of concern in your storm water discharges.
However, if monitoring for the same parameter is required for more than
one sector (and the different industrial activities drain to the same
outfall), then only one sample analysis is required for that parameter.
4. Numeric Effluent Limitations
Today's proposal retains the numeric effluent limitations which are
included in the existing MSGP, and also includes the effluent
limitations guidelines which EPA recently finalized for certain storm
water discharges from new and existing hazardous and non-hazardous
landfills (65 FR 3007, January 19, 2000). The new effluent limitations
guidelines for these landfills are discussed in more detail in the
Sections VIII.K and L of this fact sheet (Special Requirements for
Discharges Associated with Industry Activities).
The proposed MSGP-2000 retains the numeric effluent limitations
from the existing MSGP for the following discharges: Coal pile runoff
(including runoff