95-23257. Final National Pollutant Discharge Elimination System Storm Water Multi-Sector General Permit for Industrial Activities  

  • [Federal Register Volume 60, Number 189 (Friday, September 29, 1995)]
    [Notices]
    [Pages 50804-51319]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-23257]
    
    
    
    
    [[Page 50803]]
    
    _______________________________________________________________________
    
    Part XIV
    
    
    
    
    
    Environmental Protection Agency
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Final National Pollutant Discharge Elimination System Storm Water 
    Multi-Sector General Permit for Industrial Activities; Notice
    
    Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / 
    Notices 
    
    [[Page 50804]]
    
    
    ENVIRONMENTAL PROTECITON AGENCY
    
    [FRL-5298-3]
    
    
    Final National Pollutant Discharge Elimination System Storm Water 
    Multi-Sector General Permit for Industrial Activities
    
    AGENCY: Environmental Protection Agency.
    
    SUMMARY: The following provides notice for a final NPDES general 
    permit, accompanying response to comments, and fact sheets for storm 
    water discharges associated with industrial activity in the following 
    Regions:
        Region I--the States of Maine, Massachusetts, and New Hampshire; 
    Federal Indian Reservations located in Connecticut, Maine, 
    Massachusetts, New Hampshire, Rhode Island, and Vermont; and Federal 
    facilities located in Vermont.
        Region II--the Commonwealth of Puerto Rico and Federal facilities 
    located in Puerto Rico.
        Region III--the District of Columbia and Federal facilities located 
    in Delaware and the District of Columbia.
        Region IV--the State of Florida.
        Region V--no areas.
        Region VI--the States of Louisiana, New Mexico, Oklahoma, and 
    Texas, and Federal Indian Reservations located in Louisiana, New Mexico 
    (except Navajo Reservation lands, which are handled by Region IX, and 
    Ute Mountain Reservation lands, which are handled by Region VIII and 
    are not being covered by this permit), Oklahoma, and Texas.
        Region VII--no areas.
        Region VIII--no areas.
        Region IX--the State of Arizona; the Territories of Johnston Atoll, 
    and Midway and Wake Islands; all Federal Indian Reservations located in 
    Arizona, California, and Nevada; those portions of the Duck Valley, 
    Fort McDermitt, and Goshute Reservations located outside Nevada; those 
    portions of the Navajo Reservation located outside Arizona; and Federal 
    facilities located in Arizona, Johnston Atoll, and Midway and Wake 
    Islands.
        Region X--the State of Idaho; Federal Indian Reservations located 
    in Alaska, Idaho (except Duck Valley Reservation lands, which are 
    handled by Region IX), Oregon (except Fort McDermitt Reservation lands, 
    which are handled by Region IX), and Washington; and Federal facilities 
    located in Idaho, and Washington.
        The permit covers storm water discharges associated with industrial 
    activity to waters of the United States, including discharges through 
    large and medium municipal separate storm sewer systems, and through 
    other municipal separate storm sewer systems. The permit is intended to 
    cover discharges from the following types of industrial activities: 
    lumber and wood products facilities; paper and allied products 
    manufacturing facilities; chemical and allied products manufacturing 
    facilities; asphalt paving and roofing materials manufacturers and 
    lubricants; stone, clay, glass and concrete products facilities; 
    primary metals facilities; metal mines (ore mining and dressing); coal 
    mines; oil and gas extraction facilities; nonmetallic mines and 
    quarries; hazardous waste treatment, storage or disposal facilities; 
    landfills, land application sites and open dumps; automobile salvage 
    yards; scrap and waste material processing and recycling facilities; 
    steam electric power generating facilities; railroad transportation 
    facilities, local and suburban transit and interurban highway passenger 
    transportation facilities, petroleum bulk oil stations and terminals, 
    motor freight transportation facilities and U.S. Postal Service 
    facilities; water transportation facilities; ship or boat building/
    repair facilities; airports; wastewater treatment plants; food and 
    kindred products facilities; textile mills, apparel and other fabric 
    manufacturing facilities; furniture and fixture manufacturing 
    facilities; printing and publishing facilities; rubber and 
    miscellaneous plastic product and miscellaneous manufacturing 
    facilities; leather tanning and finishing facilities; facilities that 
    manufacture fabricated metal products, jewelry, silverware, and plated 
    ware; facilities that manufacture transportation equipment, industrial, 
    or commercial machinery; and facilities that manufacture electronic 
    equipment and components, photographic and optical goods. Military 
    installations must comply with the permit and monitoring requirements 
    for all sectors that describe industrial activities that such 
    installations perform. Publication of this final general permit, fact 
    sheets, and response to comments complies with the requirements of 40 
    Code of Federal Regulations (CFR) 124.10.
        The language of the permit is provided as an appendix to the 
    preamble of this notice. Most conditions of the general permit are 
    intended to apply to all permittees, unless stated otherwise. Where 
    conditions vary by State, these differences are indicated in the 
    appendix.
    
    ADDRESSES: Notices of Intent (NOIs) to be covered under this permit and 
    Notices of Termination (NOT) to terminate coverage under this permit 
    must be sent to Storm Water Notice of Intent (4203), 401 M Street, SW., 
    Washington, DC 20460. The complete administrative record is available 
    through the Water Docket MC-4101, Environmental Protection Agency, 401 
    M Street SW, Washington DC 20460. A reasonable fee may be charged for 
    copying. Each Regional office (see addresses listed in Part VI.G. of 
    this fact sheet) has an index of the complete administrative record.
    
    DATES: This general permit shall be effective on September 29, 1995. 
    Deadlines for submittal of Notices of Intent (NOIs) are provided in 
    Section II.A. of the general permit. Today's general permit also 
    provides additional dates for compliance with the terms of the permits 
    and for submitting monitoring data where required.
    
    FOR FURTHER INFORMATION: For further information on the NPDES storm 
    water general permit, contact the appropriate EPA Regional Office. The 
    name, address and phone number of the EPA Regional Storm Water 
    Coordinators are provided in Part VI.G. of the fact sheet.
    
    Organization of Today's Permit
    
        Today's permit covers storm water discharges from a wide variety of 
    industrial activities. Because the conditions which affect the presence 
    of pollutants in storm water discharges vary among industries, today's 
    permit contains industry-specific sections that describe the storm 
    water pollution prevention plan requirements, the numeric effluent 
    limitation requirements and the monitoring requirements for that 
    industry. These industry-specific sections are contained in Part XI of 
    today's permit and are described in Part VIII of this fact sheet. There 
    are also a number of permit requirements that apply to all industries. 
    These requirements may be found in Parts I through X. They include the 
    general coverage discussion, the Notice of Intent requirements and 
    standard permit conditions. Specifically, Parts I through VII of this 
    fact sheet describe these common requirements. The following is an 
    outline of this fact sheet.
    I. Background
    II. Types of Discharges Covered
        A. Limitations on Coverage
    III. Pollutants in Storm Water Discharges Associated with Industrial 
    Activities in General
    IV. Summary of Options for Controlling Pollutants
    V. The Federal/Municipal Partnership: The Role of Municipal 
    Operators of Large and Medium Municipal Separate Storm Sewer Systems
    VI. Summary of Common Permit Conditions 
    
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        A. Notification Requirements
        1. Contents of NOIs
        2. Deadlines
        3. Municipal Separate Storm Sewer System Operator Notification
        4. Notice of Termination
        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
        C. Common Pollution Prevention Plan Requirements
        1. Pollution Prevention Team
        2. Description of Potential Pollution Sources
        3. Measures and Controls
        4. Comprehensive Site Compliance Evaluation
        D. Special Requirements
        1. Special Requirements for Storm Water Discharges Associated 
    with Industrial Activity through Large and Medium Municipal Separate 
    Storm Sewer Systems
        2. Special Requirements for Storm Water Discharges Associated 
    with Industrial Activity from Facilities Subject to EPCRA Section 
    313 Requirements
        3. Special Requirements for Storm Water Discharges Associated 
    with Industrial Activity from Salt Storage Facilities
        4. 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
        9. SARA Title III, Section 313 Facilities
        F. Numeric Effluent Limitations
        1. Industry-specific Limitations
        2. Coal Pile Runoff
        G. Regional Offices
        1. Notice of Intent Address
        2. Address for Other Submittals
        H. Compliance Deadlines
    VII. Cost Estimates For Common Permit Requirements
        A. Pollution Prevention Plan Implementation
        B. Cost Estimates for EPCRA Section 313
        C. Cost Estimates for Coal Piles
        D. Cost Estimates for Salt Piles
    VIII. Special Requirements for Discharges Associated with Specific 
    Industrial Activities
        A. Storm Water Discharges Associated With Industrial Activity 
    From Timber Products Facilities
        1. Discharges Covered Under This Sector
        2. Industry Profile/Description of Industrial Activities
        3. Pollutants Contributing to Storm Water Contamination
        4. Options for Controlling Pollutants
        5. Special Conditions
        6. Storm Water Pollution Prevention Plan Requirements
        7. Monitoring and Reporting Requirements
        B. Storm Water Discharges Associated With Industrial Activity 
    From Paper and Allied Products Manufacturing Facilities
        1. Discharges Covered Under This Section
        2. Industry Profile
        3. Pollutants in Storm Water Discharges Associated With 
    Industrial Activity From Paper and Allied Product Manufacturing 
    Facilities
        4. Options for Controlling Pollutants
        5. Special Conditions
        6. Storm Water Pollution Prevention Plan Requirements
        7. Numeric Effluent Limitation
        8. Monitoring and Reporting Requirements
        C. Storm Water Discharges Associated With Industrial Activity 
    From Chemical and Allied Products Manufacturing Facilities
        1. Discharges Covered Under This Section
        2. Pollutants Found in Storm Water Discharges
        3. Options for Controlling Pollutants
        4. Special Conditions
        5. Storm Water Pollution Prevention Plan Requirements
        6. Numeric Effluent Limitations
        7. Monitoring and Reporting Requirements
        D. Storm Water Discharges Associated With Industrial Activity 
    From Asphalt Paving and Roofing Materials Manufacturers and 
    Lubricant Manufacturers
        1. Discharges Covered Under This Section
        2. Pollutants in Storm Water Discharges Associated with Asphalt 
    Facilities and Lubricant Manufacturers
        3. Options for Controlling Pollutants
        4. Storm Water Pollution Prevention Plan Requirements
        5. Numeric Effluent Limitations
        6. Monitoring and Reporting Requirements
        E. Storm Water Discharges Associated With Industrial Activity 
    From Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing 
    Facilities
        1. Discharges Covered Under This Section
        2. Pollutants in Storm Water Discharges Associated with Glass, 
    Clay, Cement, Concrete, and Gypsum Product Manufacturing
        3. Options for Controlling Pollutants
        4. Special Conditions
        5. Storm Water Pollution Prevention Plan Requirements
        6. Numeric Effluent Limitations
        7. Monitoring and Reporting Requirements
        F. Storm Water Discharges Associated With Industrial Activity 
    From Primary Metals Facilities
        1. Discharges Covered Under This Section.
        2. Industry Profile
        3. Pollutants Found in Storm Water Discharges
        4. Options for Controlling Pollutants
        5. Special Conditions
        6. Storm Water Pollution Prevention Plan Requirements
        7. Monitoring and Reporting Requirements
        G. Storm Water Discharges Associated With Industrial Activity 
    From Metal Mining (Ore Mining and Dressing) Facilities
        1. Industrial Profile
        2. Pollutants Found in Storm Water Discharges From Metal Mining
        3. Options for Controlling Pollutants from Metal Mines
        4. Discharges Covered Under This Section
        5. Storm Water Pollution Prevention Plan Requirements
        6. Monitoring and Reporting Requirements
        7. Numeric Effluent Limitations
        H. Storm Water Discharges Associated With Industrial Activity 
    From Coal Mines and Coal Mining-Related Facilities
        1. Discharges Covered Under This Section
        2. Pollutants Found in Storm Water Discharges
        3. Options for Controlling Pollutants
        4. Storm Water Pollution Prevention Plan Requirements
        5. Numeric Effluent Limitation
        6. Monitoring and Reporting Requirements
        I. Storm Water Discharges Associated With Industrial Activity 
    From Oil and Gas Extraction Facilities
        1. Industry Profile
        2. Pollutants in Storm Water Discharges Associated with Oil and 
    Gas Facilities
        3. Options for Controlling Pollutants
        4. Special Conditions
        5. Storm Water Pollution Prevention Plan Requirements
        6. Numeric Effluent Limitation
        7. Monitoring and Reporting Requirements
        J. Storm Water Discharges Associated With Industrial Activity 
    From Mineral Mining and Processing Facilities
        1. Industry Profile
        2. Pollutants in Storm Water Discharges Associated with Mineral 
    Mining and Processing Facilities
        3. Options for Controlling Pollutants
        4. Storm Water Pollution Prevention Plan Requirements
        5. Numeric Effluent Limitation
        6. Monitoring and Reporting Requirements
        7. Definitions
        K. Storm Water Discharges Associated With Industrial Activity 
    from Hazardous Waste Treatment, Storage, or Disposal Facilities
        1. Industry Profile
        2. Pollutants in Storm Water Discharges Associated With 
    Hazardous Waste Treatment, Storage, or Disposal Facilities
        3. Pollutant Control Measures Required Through Other EPA 
    Programs
        4. Options for Controlling Pollutants
        5. Storm Water Pollution Prevention Plan Requirements
        6. Numeric Effluent Limitations
        7. Monitoring and Reporting Requirements
        8. Region-specific Conditions
        L. Storm Water Discharges Associated With Industrial Activity 
    From Landfills and Land Application Sites
        1. Industry Profile
        2. Potential Pollutant Sources and Options for Controlling 
    Pollutants at Landfill and Land Application Sites
        3. Pollutant Control Measures Required by Other EPA Programs
        4. Storm Water Pollution Prevention Plans Requirements
        5. Monitoring and Reporting Requirements
        M. Storm Water Discharges Associated With Industrial Activity 
    From Automobile Salvage Yards
        1. Industry Profile 
    
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        2. Pollutants in Storm Water Discharges Associated with 
    Automobile Salvage Yards
        3. Options for Controlling Pollutants
        4. Pollutant Control Measures Required Through Other EPA 
    Programs
        5. Storm Water Pollution Prevention Plan Requirements
        6. Monitoring and Reporting Requirements
        N. Storm Water Discharges Associated With Industrial Activity 
    From Scrap Recycling and Waste Recycling Facilities
        1. Industry Profile
        2. Pollutants Found in Storm Water Discharges
        3. Options for Controlling Pollutants
        4. Discharges Covered under this Section
        5. Special Conditions
        6. Storm Water Pollution Prevention Plan Requirements
        7. Monitoring and Reporting Requirements
        O. Storm Water Discharges Associated With Industrial Activity 
    From Steam Electric Power Generating Facilities, Including Coal 
    Handling Areas
        1. Industrial Profile
        2. Pollutants in Storm Water Discharges Associated With Steam 
    Electric Power Generating Facilities
        3. Pollutant Control Measures Required Under Other EPA Programs
        4. Storm Water Pollution Prevention Plan Requirements
        5. Numeric Effluent Limitations
        6. Monitoring and Reporting Requirements
        P. Storm Water Discharges Associated With Industrial Activity 
    From Motor Freight Transportation Facilities, Passenger 
    Transportation Facilities, Petroleum Bulk Oil Stations and 
    Terminals, Rail Transportation Facilities, and United States Postal 
    Service Transportation Facilities
        1. Discharges Covered Under This Section
        2. Pollutants Found in Storm Water Discharges from Vehicle and 
    Equipment Maintenance and Cleaning Operations
        3. Options for Controlling Pollutants
        4. Pollutant Control Measures Required Through Other EPA 
    Programs
        5. Special Conditions
        6. Storm Water Pollution Prevention Plan Requirements
        7. Monitoring and Reporting Requirements
        Q. Storm Water Discharges Associated With Industrial Activity 
    From Water Transportation Facilities That Have Vehicle Maintenance 
    Shops and/or Equipment Cleaning Operations
        1. Discharges Covered Under This Section
        2. Pollutants Found in Storm Water Discharges
        3. Options for Controlling Pollutants
        4. Pollutant Control Measures Required Through Other EPA 
    Programs
        5. Special Conditions
        6. Storm Water Pollution Prevention Plan Requirements
        7. Monitoring and Reporting Requirements
        R. Storm Water Discharges Associated With Industrial Activity 
    From Ship and Boat Building or Repairing Yards
        1. Discharges Covered Under This Section
        2. Pollutants Found in Storm Water Discharges
        3. Options for Controlling Pollutants
        4. Pollutant Control Measures Required Through Other EPA 
    Programs
        5. Special Conditions
        6. Storm Water Pollution Prevention Plan Requirements
        7. Numeric Effluent Limitation
        8. Monitoring and Reporting Requirements
        S. Storm Water Discharges Associated With Industrial Activity 
    From Vehicle Maintenance Areas, Equipment Cleaning Areas, or Deicing 
    Areas Located at Air Transportation Facilities.
        1. Discharges Covered Under This Section.
        2. Pollutants Found in Storm Water Discharges.
        3. Special Conditions.
        4. Storm Water Pollution Prevention Plan Requirements.
        5. Numeric Effluent Limitation.
        6. Monitoring and Reporting Requirements.
        T. Storm Water Discharges Associated With Industrial Activity 
    From Treatment Works.
        1. Discharges Covered Under this Section.
        2. Industry Profile.
        3. Pollutants Found in Storm Water Discharges From Treatment 
    Works.
        4. Options for Controlling Pollutants.
        5. Special Conditions.
        6. Storm Water Pollution Prevention Plan Requirements.
        7. Monitoring and Reporting Requirements.
        U. Storm Water Discharges Associated With Industrial Activity 
    From Food and Kindred Products Facilities.
        1. Discharges Covered Under this Section.
        2. Industry Profile.
        3. Pollutants in Storm Water Discharges Associated with Food and 
    Kindred Products Processing Facilities.
        4. Options for Controlling Pollutants.
        5. Storm Water Pollution Prevention Plan Requirements.
        6. Monitoring and Reporting Requirements.
        V. Storm Water Discharges Associated With Industrial Activity 
    From Textile Mills, Apparel, and Other Fabric Product Manufacturing 
    Facilities.
        1. Discharges Covered Under this Section.
        2. Pollutants in Storm Water Discharges Associated with the 
    Manufacture of Textile Products.
        3. Options for Controlling Pollutants.
        4. Special Conditions.
        5. Storm Water Pollution Prevention Plan Requirements.
        6. Monitoring and Reporting Requirements.
        W. Storm Water Discharges Associated With Industrial Activity 
    From Wood and Metal Furniture and Fixture Manufacturing Facilities.
        1. Discharges Covered Under This Section.
        2. Industry Profile.
        3. Pollutants in Storm Water Discharges Associated with 
    Furniture and Fixtures Manufacturing Facilities.
        4. Options for Controlling Storm Water Pollutants.
        5. Storm Water Pollution Prevention Plan Requirements.
        6. Monitoring and Reporting Requirements.
        X. Storm Water Discharges Associated With Industrial Activity 
    From Printing and Publishing Facilities.
        1. Industry Profile.
        2. Pollutants Found in Storm Water Discharges from Printing and 
    Publishing Facilities.
        3. Options for Controlling Pollutants.
        4. Storm Water Pollution Prevention Plan Requirements.
        5. Monitoring and Reporting Requirements.
        Y. Storm Water Discharges Associated With Industrial Activity 
    From Rubber, Miscellaneous Plastic Products, and Miscellaneous 
    Manufacturing Industries.
        1. Discharges Covered Under This Section.
        2. Pollutants Found in Storm Water Discharges.
        3. Options for Controlling Pollutants.
        4. Special Conditions.
        5. Storm Water Pollution Prevention Plan Requirements.
        6. Numeric Effluent Limitations.
        7. Monitoring and Reporting Requirements.
        Z. Storm Water Discharges Associated With Industrial Activity 
    From Leather Tanning and Finishing Facilities.
        1. Discharges Covered Under This Section.
        2. Pollutants found in Storm Water Discharges from Leather 
    Tanning Operations.
        3. Options for Controlling Pollutants.
        4. Special Conditions.
        5. Storm Water Pollution Prevention Plan Requirements.
        6. Numeric Effluent Limitations.
        7. Monitoring and Reporting Requirements.
        AA. Storm Water Discharges Associated With Industrial Activity 
    From Fabricated Metal Products Industry.
        1. Discharges Covered under this Section.
        2. Industrial Profile.
        3. Storm Water Sampling Results.
        4. Options for Controlling Pollutants.
        5. Special Conditions.
        6. Storm Water Pollution Prevention Plan Requirements.
        7. Numeric Effluent Limitations.
        8. Monitoring and Reporting Requirements.
        AB. Storm Water Discharges Associated With Industrial Activity 
    From Facilities That Manufacture Transportation Equipment, 
    Industrial, or Commercial Machinery.
        1. Industry Profile.
        2. Pollutants Found in Storm Water Discharges From Facilities 
    Which Manufacture Transportation Equipment, Industrial or Commercial 
    Machinery.
        3. Options for Controlling Pollutants.
        4. Special Conditions.
        5. Storm Water Pollution Prevention Plan Requirements.
        6. Numeric Effluent Limitation.
        7. Monitoring and Reporting Requirements.
        AC. Storm Water Discharges Associated With Industrial Activity 
    From Facilities That Manufacture Electronic and Electrical Equipment 
    and Components, Photographic and Optical Goods.
        1. Discharges Covered Under This Section.
        2. Pollutants Found in Storm Water Discharges.
        3. Options for Controlling Pollutants.
        4. Special Conditions.
        5. Storm Water Pollution Prevention Plan Requirements.
        6. Numeric Effluent Limitations.
        7. Monitoring and Reporting Requirements.
    IX. Paperwork Reduction Act
    X. 401 Certification. 
    
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        Region I
        Region II
        Region III
        Region IV
        Region VI
        Region IX
        Region X
    XI. Regulatory Flexibility Act
    XII. Unfunded Mandates Reform Act
    
    I. Background
    
        In 1972, the Federal Water Pollution Control Act (also referred to 
    as the Clean Water Act (CWA)) was amended to provide that the discharge 
    of any pollutant to waters of the United States from any point source 
    is unlawful, except if the discharge is in compliance with a National 
    Pollutant Discharge Elimination System (NPDES) permit.
        For a number of reasons, EPA and authorized NPDES States have 
    failed to issue NPDES permits for the majority of point source 
    discharges of storm water. Recognizing this, Congress added section 
    402(p) to the CWA in 1987 to establish a comprehensive framework for 
    addressing storm water discharges under the NPDES program. Section 
    402(p)(4) of the CWA clarifies the requirements for EPA to issue NPDES 
    permits for storm water discharges associated with industrial activity. 
    On November 16, 1990 (55 FR 47990 as amended at 56 FR 12100, Mar. 21, 
    1991; 56 FR 56554, Nov. 5, 1991; 57 FR 11412, Apr. 2, 1992; 57 FR 
    60447, Dec. 18, 1992), EPA published final regulations which defined 
    the term ``storm water discharge associated with industrial activity.'' 
    These regulations also set forth NPDES permit application requirements 
    for storm water discharges associated with industrial activity and 
    storm water discharges from certain municipal separate storm sewer 
    systems. The regulations presented three permit application options for 
    storm water discharges associated with industrial activity. The first 
    option was to submit an individual application consisting of Forms 1 
    and 2F. The second option was to become a participant in a group 
    application. The third option was coverage under a general permit in 
    accordance with the requirements of an issued general permit.
        The promulgation of today's general permit is in response to the 
    second of these three options. Group applications were submitted in two 
    parts. Part 1 of the application was due by September 30, 1991, and 
    part 2 of the application was due by October 1, 1992. In part 1 of the 
    application, all participants were identified and information on each 
    facility was included, such as industrial activities, significant 
    materials exposed to storm water, and material management activities. 
    For part 1 of the application, groups also identified sampling 
    subgroups to submit sampling data for part 2. Over 1,200 groups with 
    over 60,000 member facilities submitted part 1 applications. Upon 
    review of the part 1 application, if the EPA determined that the 
    application was an appropriate grouping of facilities with complete 
    information provided on each participant, and a suitable sampling 
    subgroup was proposed, the application was approved.
        Part 2 of the application consisted of sampling data from each 
    member of the sampling subgroup identified in part 1 of the 
    application. In drafting today's general permit, EPA reviewed both 
    parts of the applications and formulated the permit language noticed 
    today. NPDES authorized States were provided the data from the group 
    applications. Authorized NPDES States may propose and finalize either 
    individual permits for each facility included in the application 
    located in the State, or general permits, if the State has general 
    permit authority.1 If the State feels additional information is 
    needed from the applicants, the State may ask each or any of the 
    applicants for more information on their facility and/or discharge.
    
        \1\ As of December 1993, 39 of the 40 NPDES authorized State 
    permitting programs had the authority to issue general permits.
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        EPA estimates that about 100,000 facilities nationwide discharge 
    storm water associated with industrial activity (not including oil and 
    gas exploration and production operations) as described under phase I 
    of the storm water program. The large number of facilities addressed by 
    the regulatory definition of ``storm water discharge associated with 
    industrial activity'' has placed a tremendous administrative burden on 
    EPA and States with authorized NPDES programs to issue and administer 
    permits for these discharges.
        To provide a reasonable and rational approach to addressing this 
    permitting task, the Agency has developed a strategy for issuing 
    permits for storm water discharges associated with industrial activity. 
    In developing this strategy, the Agency recognized that the CWA 
    provides flexibility in the manner in which NPDES permits are 
    issued,2 and has used this flexibility to design a workable 
    permitting system. In accordance with these considerations, the 
    permitting strategy (described in more detail in 57 FR 11394) describes 
    a four-tier set of priorities for issuing permits for these discharges:
    
        \2\ The court in NRDC v. Train, 396 F.Supp. 1393 (D.D.C. 1975) 
    aff'd, NRDC v. Costle, 568 F.2d 1369 (D.C.Cir. 1977), has 
    acknowledged the administrative burden placed on the Agency by 
    requiring permits for a large number of storm water discharges. The 
    courts have recognized EPA's discretion to use certain 
    administrative devices, such as area permits or general permits, to 
    help manage its workload. In addition, the courts have recognized 
    flexibility in the type of permit conditions that can be 
    established, including the use of requirements for best management 
    practices.
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        Tier I--Baseline Permitting--One or more general permits will be 
    developed to initially cover the majority of storm water discharges 
    associated with industrial activity.
        Tier II--Watershed Permitting--Facilities within watersheds shown 
    to be adversely impacted by storm water discharges associated with 
    industrial activity will be targeted for individual or watershed-
    specific general permits.
        Tier III--Industry-Specific Permitting--Specific industry 
    categories will be targeted for individual or industry-specific general 
    permits.
        Tier IV--Facility-Specific Permitting--A variety of factors will be 
    used to target specific facilities for individual permits.
        The general permit accompanying this fact sheet will continue Phase 
    1 permitting activities for storm water discharges associated with 
    industrial activity by providing industry-specific coverage to group 
    applicants in the following areas: the States of Arizona, Florida, 
    Idaho, Louisiana, Maine, Massachusetts, New Hampshire, New Mexico, 
    Oklahoma, and Texas; the District of Columbia; Johnston Atoll, and 
    Midway and Wake Islands; the Commonwealth of Puerto Rico; Federal 
    Indian Reservations in Alaska, Arizona, California, Connecticut, Idaho, 
    Louisiana, Maine, Massachusetts, Nevada, New Hampshire, New Mexico, 
    Oklahoma, Oregon, Rhode Island, Texas, Utah (only the Navajo and 
    Goshute Reservations), Vermont, and Washington; and Federal facilities 
    located in Arizona, the Commonwealth of Puerto Rico, the District of 
    Columbia, Delaware, Idaho, Johnston Atoll, Midway and Wake Islands, 
    Vermont, and Washington.3 EPA will provide today's permit to the 
    NPDES authorized States and encourages such States to consider this 
    permit for their permitting needs.
    
        \3\ In 5 of the 40 States that are authorized to issue NPDES 
    permits for municipal and industrial sources, EPA issues permits for 
    discharges from Federal facilities. EPA also retains authority to 
    issue permits on Federal Indian Reservations. However, this fact 
    sheet only addresses general permits as indicated above. Where EPA 
    is the permit issuing authority for other storm water discharges, 
    either individual permits or a different general permit will be 
    issued.
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    II. Types of Discharges Covered
    
        On November 16, 1990 (55 FR 47990), EPA promulgated the regulatory 
    
    [[Page 50808]]
        definition of ``storm water discharge associated with industrial 
    activity'' which addresses point source discharges of storm water from 
    eleven major categories of industrial activities. Industrial activities 
    from all of these categories with the exception of construction 
    activities participated in the group application process. The 
    information contained in the group applications indicates that type and 
    amount of pollutants discharged in storm water varies from industrial 
    activity to industrial activity because of the variety of potential 
    pollutant sources present in different industrial activities, as well 
    as the variety of pollution prevention measures commonly practiced by 
    each of the regulated industries. To facilitate the process of 
    developing permit conditions for each of the 1200 group applications 
    submitted, EPA classified groups into 29 industrial sectors where the 
    nature of industrial activity, type of materials handled and material 
    management practices employed were sufficiently similar for the 
    purposes of developing permit conditions. Each of the industrial 
    sectors were represented by one or more groups which participated in 
    the group application process. Table 1 lists each of the industrial 
    activities covered by today's permit, and the corresponding sections of 
    today's fact sheet and permit which discuss the specific requirements 
    for that industry. EPA has further divided some of the 29 sectors into 
    subsectors in order to establish more specific and appropriate permit 
    conditions, including best management practices and monitoring 
    requirements.
        Coverage under today's general permit is available to storm water 
    discharges from industrial activities represented by the group 
    application process. However, coverage under this permit is not 
    restricted to participants in the group application process. To limit 
    coverage under this general permit only to those who participated in 
    the Group application process would not be appropriate for 
    administrative, environmental, and national consistency reasons. The 
    administrative burden for EPA to develop separate general permits for 
    non-group members would be excessive, unnecessary, and wasteful of tax 
    dollars. EPA would also need to use the same information in the 
    development of such permits. The permits would be essentially the same. 
    The time spent in this process would leave many facilities unregulated 
    for some number of additional months. This would not address the 
    environmental concerns of the Clean Water Act. Likewise, group members 
    are not precluded from seeking coverage under other available storm 
    water permits such as EPA's ``baseline'' general permits for Storm 
    Water Discharges Associated with Industrial Activity, (57 FR 41175 and 
    57 FR 44412). Group members must consider, however, that the deadlines 
    for preparing and implementing the pollution prevention plan required 
    under the baseline permit have already expired for existing facilities. 
    Therefore, group members that seek coverage under the baseline general 
    permit must have a pollution prevention plan developed and implemented 
    prior to NOI submittal.
        Unlike the baseline general permits, today's permit does not 
    exclude all storm water discharges subject to effluent limitation 
    guidelines. Four types of storm water discharges subject to effluent 
    limitation guidelines may be covered under today's permit if they are 
    not already subject to an existing or expired NPDES permit. These 
    discharges include contaminated storm water runoff from phosphate 
    fertilizer manufacturing facilities, runoff associated with asphalt 
    paving or roofing emulsion production, runoff from material storage 
    piles at cement manufacturing facilities and coal pile runoff at steam 
    electric generating facilities. The permit does not, however, authorize 
    all storm water discharges subject to effluent guidelines. Storm water 
    discharges subject to effluent guidelines under 40 CFR part 436 or for 
    mine drainage under 40 CFR part 440 are not covered under today's 
    permit nor are discharges subject to effluent guidelines for acid or 
    alkaline mine drainage under 40 CFR part 434.
    
                            Table 1.--Industrial Activities Covered by Today's General Permit                       
    ----------------------------------------------------------------------------------------------------------------
                                                       Fact sheet section describing     Permit section describing  
                   Industrial activity                      discharges covered              discharges covered      
    ----------------------------------------------------------------------------------------------------------------
    Timber Products Facilities......................  VIII.A........................  XI.A.                         
    Paper and Allied Products Manufacturing           VIII.B........................  XI.B.                         
     Facilities.                                                                                                    
    Chemical and Allied Products Manufacturing        VIII.C........................  XI.C.                         
     Facilities.                                                                                                    
    Asphalt Paving and Roofing Materials              VIII.D........................  XI.D.                         
     Manufacturers and Lubricant Manufacturers.                                                                     
    Glass, Clay, Cement, Concrete, and Gypsum         VIII.E........................  XI.E.                         
     Product Manufacturing Facilities.                                                                              
    Primary Metals Facilities.......................  VIII.F........................  XI.F.                         
    Metal Mining (Ore Mining and Dressing)            VIII.G........................  XI.G.                         
     Facilities.                                                                                                    
    Coal Mines and Coal Mining-Related Facilities...  VIII.H........................  XI.H.                         
    Oil and Gas Extraction Facilities...............  VIII.I........................  XI.I.                         
    Mineral Mining and Processing Facilities........  VIII.J........................  XI.J.                         
    Hazardous Waste Treatment, Storage, or Disposal   VIII.K........................  XI.K.                         
     Facilities.                                                                                                    
    Landfills and Land Application Sites............  VIII.L........................  XI.L.                         
    Automobile Salvage Yards........................  VIII.M........................  XI.M.                         
    Scrap and Waste Recycling Facilities............  VIII.N........................  XI.N.                         
    Steam Electric Power Generating Facilities,       VIII.O........................  XI.O.                         
     Including Coal Handling Areas.                                                                                 
    Vehicle Maintenance or Equipment Cleaning Areas   VIII.P........................  XI.P.                         
     at Motor Freight Transportation Facilities,                                                                    
     Passenger Transportation Facilities, Petroleum                                                                 
     Bulk Oil Stations and Terminals, Rail                                                                          
     Transportation Facilities, and the United                                                                      
     States Postal Service.                                                                                         
    Vehicle Maintenance Areas and/or Equipment        VIII.Q........................  XI.Q.                         
     Cleaning Operations at Water Transportation                                                                    
     Facilities.                                                                                                    
    Ship and Boat Building or Repairing Yards.......  VIII.R........................  XI.R.                         
    Vehicle Maintenance Areas, Equipment Cleaning     VIII.S........................  XI.S.                         
     Areas, or Deicing Area located at Air                                                                          
     Transportation Facilities.                                                                                     
    Treatment Works.................................  VIII.T........................  XI.T.                         
    Food and Kindred Products Facilities............  VIII.U........................  XI.U.                         
    Textile Mills, Apparel, and Other Fabric Product  VIII.V........................  XI.V.                         
     Manufacturing Facilities.                                                                                      
    Wood and Metal Furniture and Fixture              VIII.W........................  XI.W.                         
     Manufacturing Facilities.                                                                                      
    
    [[Page 50809]]
                                                                                                                    
    Printing and Publishing Facilities..............  VIII.X........................  XI.X.                         
    Rubber, Miscellaneous Plastic Products, and       VIII.Y........................  XI.Y.                         
     Miscellaneous Manufacturing Industries.                                                                        
    Leather Tanning and Finishing Facilities........  VIII.Z........................  XI.Z.                         
    Fabricated Metal Products Industry..............  VIII.AA.......................  XI.AA.                        
    Facilities That Manufacture Transportation        VIII.AB.......................  XI.AB.                        
     Equipment, Industrial, or Commercial Machinery.                                                                
    Facilities That Manufacture Electronic and        VIII.AC.......................  XI.AC.                        
     Electrical Equipment and Components,                                                                           
     Photographic and Optical Goods.                                                                                
    ----------------------------------------------------------------------------------------------------------------
    
    
    
    A. Limitations on Coverage
    
        Because of the broad scope of today's permit, most industrial 
    activities currently regulated under the storm water program could be 
    covered by the permit. There are, however, several types of storm water 
    discharges which are not covered under today's permit. Storm water 
    discharges subject to an existing NPDES permit are not covered under 
    today's permit, except facilities which are currently subject to the 
    baseline general permit. EPA believes that in most cases these 
    discharges are more appropriately covered under terms and conditions of 
    their existing permit. These discharges may be covered under today's 
    permit only when the existing permit has expired and only when the 
    expired permit did not contain numeric effluent limitations more 
    stringent than those in today's permit. Owners/operators of facilities 
    currently covered under the baseline general permit who wish to obtain 
    coverage under today's general permit must submit a Notice of 
    Termination (NOT) to terminate coverage under the baseline general 
    permit with a Notice of Intent (NOI) to be covered under today's 
    permit. Storm water discharges that were subject to an NPDES permit 
    that was terminated by the permitting authority are not eligible for 
    coverage under today's permit. Construction activities are not eligible 
    for coverage under this permit. Storm water discharges that were 
    subject to a permit that was terminated as a result of the permittee's 
    request are eligible for coverage under today's permit. Storm water 
    discharges from industrial activities that are not addressed in the 
    appropriate section of Part XI. (see Table 1) of the permit are not 
    eligible for coverage under this permit. These types of industrial 
    activities were not represented in the group application process. 
    Therefore, EPA has no additional information with which to develop 
    permit requirements beyond those developed for the baseline general 
    permit.
        (1) Storm Water Discharges Subject to New Source Performance 
    Standards. Section 306 of the Clean Water Act 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 Clean 
    Water Act requires the Agency to comply with the National Environmental 
    Policy Act 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.
        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 
    the National Environmental Policy Act (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 submittal 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.
        (2) Historic Preservation. The National Historic Preservation Act 
    (NHPA) prohibits Federal actions that would affect a property that 
    either is listed on, or is eligible for listing, on the National 
    Historic Register. EPA therefore cannot issue NPDES permits to 
    discharges that will affect historic properties unless measures will be 
    taken such as under a written agreement between the applicant and the 
    State Historic Preservation Officer (SHPO) that outlines all measures 
    to be undertaken by the applicant to mitigate or prevent adverse 
    effects to the historic property. Therefore, under today's permit a 
    storm water discharge may be covered only if the discharge will not 
    affect a historic property that is listed or is eligible to be listed 
    in the National Historic Register, or the operator has obtained and is 
    in compliance with a written agreement signed by the State Historic 
    Preservation Officer (SHPO) that outlines measures to be taken to 
    mitigate or prevent adverse affects to the historic site.
        (3) 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 and the National Marine Fisheries 
    Service (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 402 and 40 CFR 
    122.49(c)). EPA completed a formal consultation with the Services on 
    the action of issuing this permit on April 5, 1995. The terms and 
    conditions of this permit reflect the results of that consultation.
        Accordingly, storm water discharges that are likely to adversely 
    affect species identified in Addendum H of the permit are not 
    authorized permit coverage 
    
    [[Page 50810]]
    under this storm water multi-sector industrial general permit. 
    Permittees are also not authorized permit coverage if the BMPs they 
    plan to construct and operate as a part of the required storm water 
    pollution prevention plan are likely to adversely affect a species 
    identified in Addendum H.
        To be eligible for coverage under the multi-sector storm water 
    permit, applicants are required to review the list of species and their 
    locations which are contained in Addendum H of this permit and which 
    are described in the instructions for completing the application 
    requirements under this permit. If an applicant determines that none of 
    the species identified in the addendum are found in the county in which 
    the facility is located, then there is no likelihood of an adverse 
    affect and they are eligible for permit coverage. Applicants must then 
    certify that their discharges, and the construction of storm water 
    BMPs, are not likely to adversely affect species and will be granted 
    multi-sector storm water permit coverage 48 hours after the date of the 
    postmark on the envelope used to mail in the NOI form.
        If species identified in Addendum H are found to be located in the 
    same county as the facility seeking storm water permit coverage, then 
    the applicant next must determine whether the species are in proximity 
    to the storm water discharges at the facility, or any BMPs to be 
    constructed to control storm water runoff. A species is in proximity to 
    a storm water discharge when the species is located in the path or down 
    gradient area through which or over which point source storm water 
    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 
    storm water BMPs are planned to be constructed. If an applicant 
    determines there are no species in proximity to the storm water 
    discharge, or the BMPs to be constructed, 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 discharges or areas 
    of BMP construction, 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. For example, an 
    applicant's activity may have been authorized as part of a section 7 
    consultation under ESA, covered under a section 10 permit, or have 
    received a clearance letter. The environmental baseline generally 
    includes the past and present impacts of all federal, state and private 
    actions that were contemporaneous to an ESA authorization. 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 coverage under this permit will be 
    provided.
        In the absence of such previous authorization, if species 
    identified in Addendum H are in proximity to the discharges, or the 
    construction areas for the BMPs, 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, described in the 
    instructions in Addendum H of the permit. If the applicant determines 
    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 multi-sector storm water permit coverage.
        All dischargers applying for coverage under this permit must 
    provide in the application information on the Notice of Intent form: 
    (1) a determination as to whether there are any species identified in 
    Addendum H in proximity to the storm water discharges and BMPs 
    construction areas, and (2) a certification that their storm water 
    discharges and the construction of BMPs to control storm water are not 
    likely to adversely affect species identified in Addendum H, 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 are not able to determine that there will be no 
    likely adverse affect to species or habitats and cannot sign the 
    certification to gain coverage under this multi-sector storm water 
    general permit, must apply to EPA for an individual NPDES storm water 
    permit. As appropriate, EPA will conduct ESA Sec. 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. Fisheries 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 storm water pollution prevention plan, 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. Fisheries 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. It significantly reduces the number 
    of dischargers that must be considered individually and therefore 
    allows the Agency and the Services to focus their resources on those 
    discharges that are indeed likely to adversely affect water-dependent 
    listed species. Straightforward mechanisms such as these allow 
    applicants with expedient 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.
        (4) Storm Water Discharges Associated with Inactive Mines, 
    Landfills, Oil and Gas Operations that Are Located on Federal Lands. 
    The permit does not cover storm water discharges associated with 
    industrial activity from inactive mines, inactive landfills, and 
    inactive oil and gas operations that are located on Federal lands, 
    unless an operator of the industrial activity can be identified. These 
    discharges are not eligible for coverage under this permit because they 
    would more appropriately be covered by the permit currently under 
    development by EPA intended specifically to cover these types of 
    discharges. 
    
    [[Page 50811]]
    
    
    III. Pollutants in Storm Water Discharges Associated with Industrial 
    Activities in General
    
        The volume and quality of storm water discharges associated with 
    industrial activity will depend on a number of factors, including the 
    industrial activities occurring at the facility, the nature of 
    precipitation, and the degree of surface imperviousness. A discussion 
    of these factors is provided in the proposed general permit (see FR 58 
    61146 Nov. 19, 1993).
    
    IV. Summary of Options for Controlling Pollutants
    
        Pollutants in storm water discharges from industrial plants may be 
    reduced using the following methods: eliminating pollution sources, 
    implementing Best Management Practices to prevent pollution, using 
    traditional storm water management practices, and providing end-of-pipe 
    treatment. Each of these is discussed in the proposed general permit 
    (see 58 FR 61146, Nov. 19, 1993).
    
    V. 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 
    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 associated with industrial activity which discharge through 
    municipal separate storm sewer systems. The proposed general permit 
    discussed several key policy factors (see 58 FR 61146).
    
    VI. Summary of Common Permit Conditions
    
        The following section describes the permit conditions common to 
    discharges from all the industrial activities covered by today's 
    permit. These conditions were proposed on November 19, 1993 (58 FR 
    61146), and reflect the baseline permit requirements established for 
    most regulated industries in EPA's General Permits for Storm Water 
    Discharges Associated with Industrial Activity [57 FR 41344-41356 
    September 9, 1992, and 57 FR 44438-44470 September 25, 1992]. Permit 
    requirements which vary from industry to industry are discussed in Part 
    VIII of this fact sheet.
    
    A. Notification Requirements
    
        General permits for storm water discharges associated with 
    industrial activity require the submittal of an 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 general permit establishes NOI requirements that operate in 
    addition to the part 1 and part 2 group application requirements. To be 
    covered under this permit, facilities, including members of an approved 
    group, must submit an NOI and other required information within 90 days 
    of the effective date of this permit. The NOI form is found in Addendum 
    B.
    1. Contents of NOIs
        a. The operator's name, address, telephone number, and status as 
    Federal, State, private, public, or other entity.
        b. Street address of the facility for which the notification is 
    submitted. Where a street address for the site is not available, the 
    location can be described in terms of the latitude and longitude of the 
    facility to the nearest 15 seconds, or the quarter, section, township, 
    and range (to the nearest quarter section) of the approximate center of 
    the site.
        c. An indication of whether the facility is located on Federal 
    Indian Reservations.
        d. Up to four 4-digit Standard Industrial Classification (SIC) 
    codes that best represent the principal products or activities provided 
    by the facility. For hazardous waste treatment, storage, or disposal 
    facilities, land disposal facilities that receive or have received any 
    industrial waste, steam electric power generating facilities, or 
    treatment works treating domestic sewage, a 2-character code must be 
    provided.
        e. The permit number of any NPDES permit for any discharge 
    (including non-storm water discharges) from the site that is currently 
    authorized by an NPDES permit.
        f. The name of the receiving water(s), or if the discharge is 
    through a municipal separate storm sewer, the name of the municipal 
    operator of the storm sewer and the receiving water(s) for the 
    discharge through the municipal separate storm sewer.
        g. The analytical monitoring status of the facility (monitoring or 
    not).
        h. For a co-permittee, if a storm water general permit number has 
    been issued, it should be included.
        i. A certification that the operator of the facility has read and 
    understands the eligibility requirements for the permit and that the 
    operator believes the facility to be in compliance with those 
    requirements.
        j. Identify type of permit requested (either baseline general, 
    multi-sector, or construction); longitude and latitude; indication of 
    presence of endangered species; indication of historic preservation 
    agreement; signed certification stating compliance with the National 
    Historic Preservation Act, Endangered Species Act, and the new source 
    performance standard requirements.
        k. For any facility that begins to discharge storm water associated 
    with industrial activity after [insert date 270 days after permit 
    finalization], a certification that a storm water pollution prevention 
    plan has been prepared for the facility in accordance with Part IV of 
    this permit. (A copy of the plan should not be included with the NOI 
    submission.)
        An NOI form is provided in Addendum B. 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.
    2. Deadlines
        Except for the special circumstances discussed below, dischargers 
    who intend to obtain coverage under this permit for a storm water 
    discharge from an industrial activity that is in existence prior to the 
    date 90 days after permit issuance must submit an NOI on or before the 
    date 90 days after permit issuance, and facilities that begin 
    industrial activities after the date 90 days after permit issuance are 
    required to submit an NOI at least 2 days prior to the commencement of 
    the new industrial activity.
        A discharger is not precluded from submitting an NOI at a later 
    date. However, in such instances, EPA may bring appropriate enforcement 
    actions.
        The storm water regulations (40 CFR 122.27) require that facilities 
    that discharge storm water associated with an industrial activity 
    submit an application for permit coverage on or before October 1, 1992, 
    except industrial activities owned or operated by a medium 
    municipality, which had until May 17, 1993. Today's permit does not 
    extend that application deadline. EPA intends that most of the 
    facilities that will seek coverage under the final version of today's 
    permit are: members of groups with approved applications; facilities 
    that submitted a Notice of 
    
    [[Page 50812]]
    Intent to be covered by EPA's baseline general permit and now wish to 
    switch to coverage under today's permit; or have submitted a complete 
    individual application but have not yet received an individual permit.
        EPA may deny coverage under this permit and require submittal 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 this 
    general permit 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 this industry general permit 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 this general permit 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. Compliance deadlines are discussed 
    in Part VI.H. of this fact sheet.
    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 or a municipal system designated by the 
    Director,4 must notify the municipal operator of the system 
    receiving the discharge and submit a copy of their NOI to the municipal 
    operator.
    
        \4\ 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.
    ---------------------------------------------------------------------------
    
    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.
        A copy of the NOT and instructions for completing the NOT are 
    included in Addendum C. 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 submittal 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.
    
    B. Special Conditions
    
        The conditions of this permit 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 discussed in this fact 
    sheet for controlling pollutants in storm water discharges associated 
    with industrial activity, the general permit lists a set of tailored 
    requirements for developing and implementing storm water pollution 
    prevention plans, and for selected discharges, effluent 
    limitations.5
    
        \5\ Part I.C.2 of the general permit 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.
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        Part VIII. of this fact sheet summarizes the options for 
    controlling pollutants in storm water discharges associated with 
    industrial activity. The permit includes numeric effluent limitations 
    for coal pile runoff, contaminated runoff from fertilizer manufacturing 
    facilities, runoff from asphalt emulsion manufacturing facilities, and 
    material storage pile runoff located at cement manufacturing facilities 
    or cement kilns.
        For other discharges covered by the permit, the permit conditions 
    reflect EPA's decision to identify a number of best management 
    practices 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. This approach is consistent with the approach used in the 
    baseline general permits finalized on September 9, 1992 (57 FR 41236) 
    and September 25, 1992 (57 FR 44438). In addition, today's general 
    permit reflects information received through the group application 
    process.
        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 permit are issued under the authority of 
    both of these regulatory provisions. The pollution prevention or BMP 
    requirements in this 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 
    
    [[Page 50813]]
    control technologies which, in the context of this general permit, 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 general permit does not authorize non-storm water 
    discharges that are mixed with storm water except as provided below. 
    The only non-storm water discharges that are intended to be authorized 
    under today's permit 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 general permit, these sources of non-
    storm water (except flows from fire fighting activities) must be 
    identified in the storm water pollution prevention plan prepared for 
    the facility. (Plans and other plan requirements are discussed in more 
    detail below). Where such discharges occur, the plan must also identify 
    and ensure the implementation of appropriate pollution prevention 
    measures for the non-storm water component(s) of the discharge.
        Today's permit 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 
    permit ensures that non-storm water discharges (except for those 
    classes of non-storm water discharges that are conditionally authorized 
    in Part III.A.2.b.) are not inadvertently authorized by this permit. 
    Where a storm water discharge is mixed with non-storm water that is not 
    authorized by today's general permit 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
        a. This general permit provides that the discharge of hazardous 
    substances or oil from a facility must be eliminated or minimized in 
    accordance with the storm water pollution plan 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 storm water pollution prevention plan 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 pollution prevention plan 
    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 submittal of 
    an NOI); and
        (2) Provide a written description in the storm water pollution 
    prevention plan 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 pollution prevention plan 
    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 this permit 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
        Today's general permit addresses storm water discharges from 
    industrial activities co-located at an industrial facility described in 
    the coverage section of the permit. Co-located industrial activities 
    occur when activities being conducted onsite meet more than one of the 
    descriptions in the coverage sections of Part XI. of this permit (e.g., 
    a landfill at a wood treatment facility or a vehicle maintenance garage 
    at an asphalt batching plant). Co-located industrial activities are 
    authorized under today's general permit provided that the industrial 
    facility complies with the pollution prevention plan and monitoring 
    requirements for each co-located activity.
        Authorizing co-located discharges allows industrial facilities to 
    develop pollution prevention plans that fully address all industrial 
    activities at the site. For example, if a wood treatment facility has a 
    landfill, the pollution prevention plan requirements for the wood 
    treatment facility will differ greatly from those needed for a 
    landfill. Therefore, by authorizing co-located industrial activities, 
    the wood treatment facility will develop a pollution prevention plan to 
    meet the requirements addressing the storm water discharges from the 
    wood treatment facility and the landfill. The facility is also subject 
    to applicable monitoring requirements for each type of industrial 
    activity as described in the applicable sections of the permit. By 
    
    [[Page 50814]]
    monitoring the discharges from the different industrial activities, the 
    facility can better determine the effectiveness of the pollution 
    prevention plan requirements for controlling storm water discharges 
    from all activities.
    
    C. Common Pollution Prevention Plan Requirements
    
        All facilities intended to be covered by today's general permit for 
    storm water discharges associated with industrial activity must prepare 
    and implement a storm water pollution prevention plan. The storm water 
    permit addresses pollution prevention plan requirements for a number of 
    categories of industries. The following is a discussion of the common 
    permit requirements for all industries; special requirements for storm 
    water discharges associated with industrial activity through large and 
    medium municipal separate storm sewer systems; special requirements for 
    facilities subject to EPCRA Section 313 reporting requirements; and 
    special requirements for facilities with outdoor salt storage piles. 
    These are the permit requirements which apply to discharges associated 
    with any of the industrial activities covered by today's permit. These 
    common requirements may be amended or further clarified in the 
    industry-specific pollution prevention plan requirements. Table 2 
    indicates the location of the industry-specific pollution prevention 
    plans. These industry-specific requirements are additive for facilities 
    where co-located industrial activities occur. For example, if a 
    facility has both a sand and gravel mining operation and a ready mix 
    concrete manufacturing operation, then that facility is subject to the 
    pollution prevention plan requirements in both Part XI.E.3. and Part 
    XI.J.3. of the permit.
    
                              Table 2.--Storm Water Pollution Prevention Plan Requirements                          
    ----------------------------------------------------------------------------------------------------------------
                                                       Fact sheet section describing   Permit section describing PPP
                   Industrial activity                       PPP requirements                  requirements         
    ----------------------------------------------------------------------------------------------------------------
    Timber Products Facilities......................  VIII.A.7......................  XI.A.3.                       
    Paper and Allied Products Manufacturing           VIII.B.5......................  XI.B.3.                       
     Facilities.                                                                                                    
    Chemical and Allied Products Manufacturing        VIII.C.6......................  XI.C.4.                       
     Facilities.                                                                                                    
    Asphalt Paving and Roofing Materials              VIII.D.4......................  XI.D.3.                       
     Manufacturers and Lubricant Manufacturers.                                                                     
    Glass, Clay, Cement, Concrete, and Gypsum         VIII.E.5......................  XI.E.3.                       
     Product Manufacturing Facilities.                                                                              
    Primary Metals Facilities.......................  VIII.F.6......................  XI.F.3.                       
    Metal Mining (Ore Mining and Dressing)            VIII.G.5......................  XI.G.3.                       
     Facilities.                                                                                                    
    Coal Mines and Coal Mining-Related Facilities...  VIII.H.4......................  XI.H.3.                       
    Oil and Gas Extraction Facilities...............  VIII.I.5......................  XI.I.3.                       
    Mineral Mining and Processing Facilities........  VIII.J.4......................  XI.J.3.                       
    Hazardous Waste Treatment, Storage, or Disposal   VIII.K.5......................  XI.K.3.                       
     Facilities.                                                                                                    
    Landfills and Land Application Sites............  VIII.L.5......................  XI.L.3.                       
    Automobile Salvage Yards........................  VIII.M.5......................  XI.M.2.                       
    Scrap and Waste Recycling Facilities............  VIII.N.5......................  XI.N.3.                       
    Steam Electric Power Generating Facilities,       VIII.O.5......................  XI.O.3.                       
     Including Coal Handling Areas.                                                                                 
    Vehicle Maintenance or Equipment Cleaning Areas   VIII.P.5......................  XI.P.3.                       
     at Motor Freight Transportation Facilities,                                                                    
     Passenger Transportation Facilities, Petroleum                                                                 
     Bulk Oil Stations and Terminals, Rail                                                                          
     Transportation Facilities, and the United                                                                      
     States Postal Service Transportation Facilities.                                                               
    Vehicle Maintenance Areas and/or Equipment        VIII.Q.5......................  XI.Q.3.                       
     Cleaning Operations at Water Transportation                                                                    
     Facilities.                                                                                                    
    Ship and Boat Building or Repairing Yards.......  VIII.R.6......................  XI.R.3.                       
    Vehicle Maintenance Areas, Equipment Cleaning     VIII.S.4......................  XI.S.3.                       
     Areas, or Deicing Areas Located at Air                                                                         
     Transportation Facilities.                                                                                     
    Treatment Works.................................  VIII.T.5......................  XI.T.3.                       
    Food and Kindred Products Facilities............  VIII.U.4......................  XI.U.3.                       
    Textile Mills, Apparel, and Other Fabric Product  VIII.V.5......................  XI.V.3.                       
     Manufacturing Facilities.                                                                                      
    Wood and Metal Furniture and Fixture              VIII.W.4......................  XI.W.3.                       
     Manufacturing Facilities.                                                                                      
    Printing and Publishing Facilities..............  VIII.X.5......................  XI.X.3.                       
    Rubber, Miscellaneous Plastic Products, and       VIII.Y.4......................  XI.Y.3.                       
     Miscellaneous Manufacturing Industries.                                                                        
    Leather Tanning and Finishing Facilities........  VIII.Z.5......................  XI.Z.3.                       
    Fabricated Metal Products Industry..............  VIII.AA.3.....................  XI.AA.3.                      
    Facilities That Manufacture Transportation        VIII.AB.5.....................  XI.AB.3.                      
     Equipment, Industrial, or Commercial Machinery.                                                                
    Facilities That Manufacture Electronic and        VIII.AC.5.....................  XI.AC.3.                      
     Electrical Equipment and Components,                                                                           
     Photographic and Optical Goods.                                                                                
    ----------------------------------------------------------------------------------------------------------------
    
        The pollution prevention approach in today's general permit focuses 
    on two major objectives: (1) to identify sources of pollution 
    potentially affecting the quality of storm water discharges associated 
    with industrial activity from the facility; and (2) to describe and 
    ensure implementation of practices to minimize and control pollutants 
    in storm water discharges associated with industrial activity from the 
    facility and to ensure compliance with the terms and conditions of this 
    permit.
        The storm water pollution prevention plan requirements in the 
    general permit are intended to facilitate a process whereby the 
    operator of the industrial facility thoroughly evaluates potential 
    pollution sources at the site and selects and implements appropriate 
    measures designed to prevent or control the discharge of pollutants in 
    storm water runoff. The process involves the following four steps: (1) 
    Formation of a team of qualified plant personnel who will be 
    responsible for preparing the plan and assisting the plant manager in 
    its implementation; (2) assessment of potential storm water pollution 
    sources; (3) selection and implementation of appropriate management 
    practices and controls; and (4) periodic evaluation of the 
    effectiveness of the plan to prevent 
    
    [[Page 50815]]
    storm water contamination and comply with the terms and conditions of 
    this permit. The authorization to include best management practices in 
    the permit to control or abate the discharge of pollutants is derived 
    from 40 CFR 144.45(k).
        EPA believes the pollution prevention approach is the most 
    environmentally sound and cost-effective way to control the discharge 
    of pollutants in storm water runoff from industrial facilities. This 
    position is supported by the results of a comprehensive technical 
    survey EPA completed in 1979.6 The survey found that two classes 
    of management practices are generally employed at industries to control 
    the nonroutine discharge of pollutants from sources such as storm water 
    runoff, drainage from raw material storage and waste disposal areas, 
    and discharges from places where spills or leaks have occurred. The 
    first class of management practices includes those that are low in 
    cost, applicable to a broad class of industries and substances, and 
    widely considered essential to a good pollution control program. Some 
    examples of practices in this class are good housekeeping, employee 
    training, and spill response and prevention procedures. The second 
    class includes management practices that provide a second line of 
    defense against the release of pollutants. This class addresses 
    containment, mitigation, and cleanup. Since publication of the 1979 
    survey, EPA has imposed management practices and controls in NPDES 
    permits on a case-by-case basis. The Agency also has continued to 
    review the appropriateness and effectiveness of such practices,7 
    as well as the techniques used to prevent and contain oil spills.8 
    Experience with these practices and controls has shown that they can be 
    used in permits to reduce pollutants in storm water discharges in a 
    cost-effective manner. In keeping with both the present and previous 
    administration's objective to attain environmental goals through 
    pollution prevention, pollution prevention has been and continues to be 
    the cornerstone of the NPDES Permitting program for storm water. EPA 
    has developed guidance entitled ``Storm Water Management for Industrial 
    Activities: Developing Pollution Prevention Plans and Best Management 
    Practices,'' September 1992, to assist permittees in developing and 
    implementing pollution prevention measures.
    
        \6\ See ``Storm Water Management for Industrial Activities,'' 
    EPA, September 1992, EPA-832-R-92-006.
        \7\ For example, see ``Best Management Practices: Useful Tools 
    for Cleaning Up,'' Thron, H. Rogoshewski, P., 1982, Proceedings of 
    the 1982 Hazardous Material Spills Conference; ``The Chemical 
    Industries' Approach to Spill Prevention,'' Thompson, C., Goodier, 
    J. 1980, Proceedings of the 1980 National Conference of Control of 
    Hazardous Materials Spills; a series of EPA memorandum entitled 
    ``Best Management Practices in NPDES Permits--Information 
    Memorandum,'' 1983, 1985, 1986, 1987, 1988; Review of Emergency 
    Systems: Report to Congress,'' EPA, 1988; and ``Analysis of 
    Implementing Permitting Activities for Storm Water Discharges 
    Associated with Industrial Activity,'' EPA, 1991.
        \8\ See for example, ``The Oil Spill Prevention, Control and 
    Countermeasures Program Task Force Report,'' EPA, 1988; and 
    ``Guidance Manual for the Development of an Accidental Spill 
    Prevention Program,'' prepared by SAIC for EPA, 1986.
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    1. Pollution Prevention Team
        As a first step in the process of developing and implementing a 
    storm water pollution prevention plan, permittees are required to 
    identify a qualified individual or team of individuals to be 
    responsible for developing the plan and assisting the facility or plant 
    manager in its implementation. When selecting members of the team, the 
    plant manager should draw on the expertise of all relevant departments 
    within the plant to ensure that all aspects of plant operations are 
    considered when the plan is developed. The plan must clearly describe 
    the responsibilities of each team member as they relate to specific 
    components of the plan. In addition to enhancing the quality of 
    communication between team members and other personnel, clear 
    delineation of responsibilities will ensure that every aspect of the 
    plan is addressed by a specified individual or group of individuals. 
    Pollution Prevention Teams may consist of one individual where 
    appropriate (e.g., in certain small businesses with limited storm water 
    pollution potential).
    2. Description of Potential Pollution Sources
        Each storm water pollution prevention plan must describe 
    activities, materials, and physical features of the facility that may 
    contribute significant amounts of pollutants to storm water runoff or, 
    during periods of dry weather, result in pollutant discharges through 
    the separate storm sewers or storm water drainage systems that drain 
    the facility. This assessment of storm water pollution risk will 
    support subsequent efforts to identify and set priorities for necessary 
    changes in materials, materials management practices, or site features, 
    as well as aid in the selection of appropriate structural and 
    nonstructural control techniques. Some operators may find that 
    significant amounts of pollutants are running onto the facility 
    property. Such operators should identify and address the contaminated 
    runon in the storm water pollution prevention plan. If the runon cannot 
    be addressed or diverted by the permittee, the permitting authority 
    should be notified. If necessary, the permitting authority may require 
    the operator of the adjacent facility to obtain a permit.
        Part XI of the permit includes specific requirements for the 
    various industry sectors covered by today's permit. The storm water 
    pollution prevention plans generally must describe the following 
    elements:
        a. Drainage. The plan must contain a map of the site that shows the 
    location of outfalls covered by the permit (or by other NPDES permits), 
    the pattern of storm water drainage, an indication of the types of 
    discharges contained in the drainage areas of the outfalls, structural 
    features that control pollutants in runoff,9 surface water bodies 
    (including wetlands), places where significant materials 10 are 
    exposed to rainfall and runoff, and locations of major spills and leaks 
    that occurred in the 3 years prior to the date of the submission of a 
    Notice of Intent (NOI) to be covered under this permit. The map also 
    must show areas where the following activities take place: fueling, 
    vehicle and equipment maintenance and/or cleaning, loading and 
    unloading, material storage (including tanks or other vessels used for 
    liquid or waste storage), material processing, and waste disposal. For 
    areas of the facility that generate storm water discharges with a 
    reasonable potential to contain significant amounts of pollutants, the 
    map must indicate the probable direction of storm water flow and the 
    pollutants likely to be in the discharge. Flows with a significant 
    potential to cause soil erosion also must be identified. In order to 
    increase the readability of the map, the inventory of the types of 
    discharges contained in each outfall may be kept as an attachment to 
    the site map.
    
        \9\ Nonstructural features such as grass swales and vegetative 
    buffer strips also should be shown.
        \10\ Significant materials include, but are not limited to the 
    following: raw materials; fuels; solvents, detergents, and plastic 
    pellets; finished materials, such as metallic products; raw 
    materials used in food processing or production; hazardous 
    substances designated under Section 101(14) of the Comprehensive 
    Environmental Response, Compensation and Liability Act (CERCLA); any 
    chemical the facility is required to report pursuant to EPCRA 
    Section 313; fertilizers; pesticides; and waste products, such as 
    ashes, slag, and sludge that have the potential to be released with 
    storm water discharges. (See 40 CFR 122.26(b)(8)).
    ---------------------------------------------------------------------------
    
        b. Inventory of Exposed Materials. Facility operators are required 
    to 
    
    [[Page 50816]]
    carefully conduct an inspection of the site and related records to 
    identify significant materials that are or may be exposed to storm 
    water. The inventory must address materials that within 3 years prior 
    to the date of the submission of a Notice of Intent (NOI) to be covered 
    under this permit have been handled, stored, processed, treated, or 
    disposed of in a manner to allow exposure to storm water. Findings of 
    the inventory must be documented in detail in the pollution prevention 
    plan. At a minimum, the plan must describe the method and location of 
    onsite storage or disposal; practices used to minimize contact of 
    materials with rainfall and runoff; existing structural and 
    nonstructural controls that reduce pollutants in runoff; and any 
    treatment the runoff receives before it is discharged to surface waters 
    or a separate storm sewer system. The description must be updated 
    whenever there is a significant change in the types or amounts of 
    materials, or material management practices, that may affect the 
    exposure of materials to storm water.
        c. Significant Spills and Leaks. The plan must include a list of 
    any significant spills and leaks of toxic or hazardous pollutants that 
    occurred in the 3 years prior to the date of the submission of a Notice 
    of Intent (NOI) to be covered under this permit. Significant spills 
    include, but are not limited to, releases of oil or hazardous 
    substances in excess of quantities that are reportable under Section 
    311 of CWA (see 40 CFR 110.10 and 40 CFR 117.21) or Section 102 of the 
    Comprehensive Environmental Response, Compensation and Liability Act 
    (CERCLA) (see 40 CFR 302.4). Significant spills may also include 
    releases of oil or hazardous substances that are not in excess of 
    reporting requirements and releases of materials that are not 
    classified as oil or a hazardous substance.
        The listing should include a description of the causes of each 
    spill or leak, the actions taken to respond to each release, and the 
    actions taken to prevent similar such spills or leaks in the future. 
    This effort will aid the facility operator as she or he examines 
    existing spill prevention and response procedures and develops any 
    additional procedures necessary to fulfill the requirements of Part XI. 
    of this permit.
        d. Non-storm Water Discharges. Each pollution prevention plan must 
    include a certification, signed by an authorized individual, that 
    discharges from the site have been tested or evaluated for the presence 
    of non-storm water discharges. The certification must describe possible 
    significant sources of non-storm water, the results of any test and/or 
    evaluation conducted to detect such discharges, the test method or 
    evaluation criteria used, the dates on which tests or evaluations were 
    performed, and the onsite drainage points directly observed during the 
    test or evaluation. Acceptable test or evaluation techniques include 
    dye tests, television surveillance, observation of outfalls or other 
    appropriate locations during dry weather, water balance calculations, 
    and analysis of piping and drainage schematics.\11\
    
        \11\ In general, smoke tests should not be used for evaluating 
    the discharge of non-storm water to a separate storm sewer as many 
    sources of non-storm water typically pass through a trap that would 
    limit the effectiveness of the smoke test.
    ---------------------------------------------------------------------------
    
        Except for flows that originate from fire fighting activities, 
    sources of non-storm water that are specifically identified in the 
    permit as being eligible for authorization under the general permit 
    must be identified in the plan. Pollution prevention plans must 
    identify and ensure the implementation of appropriate pollution 
    prevention measures for the non-storm water discharge.
        EPA recognizes that certification may not be feasible where 
    facility personnel do not have access to an outfall, manhole, or other 
    point of access to the conduit that ultimately receives the discharge. 
    In such cases, the plan must describe why certification was not 
    feasible. Permittees who are not able to certify that discharges have 
    been tested or evaluated must notify the Director in accordance with 
    Part XI. of the permit.
        e. Sampling Data. Any existing data on the quality or quantity of 
    storm water discharges from the facility must be described in the plan, 
    including data collected for part 2 of the group application process. 
    These data may be useful for locating areas that have contributed 
    pollutants to storm water. The description should include a discussion 
    of the methods used to collect and analyze the data. Sample collection 
    points should be identified in the plan and shown on the site map.
        f. Summary of Potential Pollutant Sources. The description of 
    potential pollution sources culminates in a narrative assessment of the 
    risk potential that sources of pollution pose to storm water quality. 
    This assessment should clearly point to activities, materials, and 
    physical features of the facility that have a reasonable potential to 
    contribute significant amounts of pollutants to storm water. Any such 
    activities, materials, or features must be addressed by the measures 
    and controls subsequently described in the plan. In conducting the 
    assessment, the facility operator must consider the following 
    activities: loading and unloading operations; outdoor storage 
    activities; outdoor manufacturing or processing activities; significant 
    dust or particulate generating processes; and onsite waste disposal 
    practices. The assessment must list any significant pollution sources 
    at the site and identify the pollutant parameter or parameters (i.e., 
    biochemical oxygen demand, suspended solids, etc.) associated with each 
    source.
    
    3. Measures and Controls
    
         Following completion of the source identification and assessment 
    phase, the permit requires the permittee to evaluate, select, and 
    describe the pollution prevention measures, best management practices 
    (BMPs), and other controls that will be implemented at the facility. 
    BMPs include processes, procedures, schedules of activities, 
    prohibitions on practices, and other management practices that prevent 
    or reduce the discharge of pollutants in storm water runoff.
        EPA emphasizes the implementation of pollution prevention measures 
    and BMPs that reduce possible pollutant discharges at the source. 
    Source reduction measures include, among others, preventive 
    maintenance, chemical substitution, spill prevention, good 
    housekeeping, training, and proper materials management. Where such 
    practices are not appropriate to a particular source or do not 
    effectively reduce pollutant discharges, EPA supports the use of source 
    control measures and BMPs such as material segregation or covering, 
    water diversion, and dust control. Like source reduction measures, 
    source control measures and BMPs are intended to keep pollutants out of 
    storm water. The remaining classes of BMPs, which involve recycling or 
    treatment of storm water, allow the reuse of storm water or attempt to 
    lower pollutant concentrations prior to discharge.
        The pollution prevention plan must discuss the reasons each 
    selected control or practice is appropriate for the facility and how 
    each will address one or more of the potential pollution sources 
    identified in the plan. The plan also must include a schedule 
    specifying the time or times during which each control or practice will 
    be implemented. In addition, the plan should discuss ways in which the 
    controls and practices relate to one another and, when taken as a 
    whole, produce an integrated and consistent approach for preventing or 
    controlling potential storm water contamination problems. The permit 
    requirements included for the various industry sectors in Part XI 
    
    [[Page 50817]]
    of today's permit generally require that the portion of the plan that 
    describes the measures and controls address the following minimum 
    components.
        When ``minimize/reduce'' is used relative to pollution prevention 
    plan measures, EPA means to consider and implement best management 
    practices that will result in an improvement over the baseline 
    conditions as it relates to the levels of pollutants identified in 
    storm water discharges with due consideration to economic feasibility 
    and effectiveness.
        a. Good Housekeeping. Good housekeeping involves using practical, 
    cost-effective methods to identify ways to maintain a clean and orderly 
    facility and keep contaminants out of separate storm sewers. It 
    includes establishing protocols to reduce the possibility of 
    mishandling chemicals or equipment and training employees in good 
    housekeeping techniques. These protocols must be described in the plan 
    and communicated to appropriate plant personnel.
        b. Preventive Maintenance. Permittees must develop a preventive 
    maintenance program that involves regular inspection and maintenance of 
    storm water management devices and other equipment and systems. The 
    program description should identify the devices, equipment, and systems 
    that will be inspected; provide a schedule for inspections and tests; 
    and address appropriate adjustment, cleaning, repair, or replacement of 
    devices, equipment, and systems. For storm water management devices 
    such as catch basins and oil/water separators, the preventive 
    maintenance program should provide for periodic removal of debris to 
    ensure that the devices are operating efficiently. For other equipment 
    and systems, the program should reveal and enable the correction of 
    conditions that could cause breakdowns or failures that may result in 
    the release of pollutants.
        c. Spill Prevention and Response Procedures. Based on an assessment 
    of possible spill scenarios, permittees must specify appropriate 
    material handling procedures, storage requirements, containment or 
    diversion equipment, and spill cleanup procedures that will minimize 
    the potential for spills and in the event of a spill enable proper and 
    timely response. Areas and activities that typically pose a high risk 
    for spills include loading and unloading areas, storage areas, process 
    activities, and waste disposal activities. These activities and areas, 
    and their accompanying drainage points, must be described in the plan. 
    For a spill prevention and response program to be effective, employees 
    should clearly understand the proper procedures and requirements and 
    have the equipment necessary to respond to spills.
        d. Inspections. In addition to the comprehensive site evaluation, 
    facilities are required to conduct periodic inspections of designated 
    equipment and areas of the facility. Industry-specific requirements for 
    such inspections, if any, are discussed in Section VIII. of this fact 
    sheet. When required, qualified personnel must be identified to conduct 
    inspections at appropriate intervals specified in the plan. A set of 
    tracking or follow-up procedures must be used to ensure that 
    appropriate actions are taken in response to the inspections. Records 
    of inspections must be maintained. These periodic inspections are 
    different from the comprehensive site evaluation, even though the 
    former may be incorporated into the latter. Equipment, area, or other 
    inspections are typically visual and are normally conducted on a 
    regular basis, e.g., daily inspections of loading areas. Requirements 
    for such periodic inspections are specific to each industrial sector in 
    today's permit, whereas the comprehensive site compliance evaluation is 
    required of all industrial sectors. Area inspections help ensure that 
    storm water pollution prevention measures (e.g., BMPs) are operating 
    and properly maintained on a regular basis. The comprehensive site 
    evaluation is intended to provide an overview of the entire facility's 
    pollution prevention activities. Refer to Part VI.C.4. below for more 
    information on the comprehensive site evaluation.
        e. Employee Training. The pollution prevention plan must describe a 
    program for informing personnel at all levels of responsibility of the 
    components and goals of the storm water pollution prevention plan. The 
    training program should address topics such as good housekeeping, 
    materials management, and spill response procedures. Where appropriate, 
    contractor personnel also must be trained in relevant aspects of storm 
    water pollution prevention. A schedule for conducting training must be 
    provided in the plan. Several sections in Part XI. of today's permit 
    specify a minimum frequency for training of once per year. Others 
    indicate that training is to be conducted at an appropriate interval. 
    EPA recommends that facilities conduct training annually at a minimum. 
    However, more frequent training may be necessary at facilities with 
    high turnover of employees or where employee participation is essential 
    to the storm water pollution prevention plan.
        f. Recordkeeping and Internal Reporting Procedures. The pollution 
    prevention plan must describe procedures for developing and retaining 
    records on the status and effectiveness of plan implementation. At a 
    minimum, records must address spills, monitoring, and inspection and 
    maintenance activities. The plan also must describe a system that 
    enables timely reporting of storm water management-related information 
    to appropriate plant personnel.
        g. Sediment and Erosion Control. The pollution prevention plan must 
    identify areas that, due to topography, activities, soils, cover 
    materials, or other factors have a high potential for significant soil 
    erosion. The plan must identify measures that will be implemented to 
    limit erosion in these areas.
        h. Management of Runoff. The plan must contain a narrative 
    evaluation of the appropriateness of traditional storm water management 
    practices (i.e., practices other than those that control pollutant 
    sources) that divert, infiltrate, reuse, or otherwise manage storm 
    water runoff so as to reduce the discharge of pollutants. Appropriate 
    measures may include, among others, vegetative swales, collection and 
    reuse of storm water, inlet controls, snow management, infiltration 
    devices, and wet detention/retention basins.
        Based on the results of the evaluation, the plan must identify 
    practices that the permittee determines are reasonable and appropriate 
    for the facility. The plan also should describe the particular 
    pollutant source area or activity to be controlled by each storm water 
    management practice. Reasonable and appropriate practices must be 
    implemented and maintained according to the provisions prescribed in 
    the plan.
        In selecting storm water management measures, it is important to 
    consider the potential effects of each method on other water resources, 
    such as ground water. Although storm water pollution prevention plans 
    primarily focus on storm water management, facilities must also 
    consider potential ground water pollution problems and take appropriate 
    steps to avoid adversely impacting ground water quality. For example, 
    if the water table is unusually high in an area, an infiltration pond 
    may contaminate a ground water source unless special preventive 
    measures are taken. Under EPA's July 1991 Ground Water Protection 
    Strategy, States are encouraged to develop Comprehensive State Ground 
    Water Protection Programs (CSGWPP). Efforts to control storm water 
    should be compatible with State ground water objectives as reflected in 
    CSGWPPs.
    
    [[Page 50818]]
    
    4. Comprehensive Site Compliance Evaluation
        The permit requires that the storm water pollution prevention plan 
    describe the scope and content of the comprehensive site evaluations 
    that qualified personnel will conduct to (1) confirm the accuracy of 
    the description of potential pollution sources contained in the plan, 
    (2) determine the effectiveness of the plan, and (3) assess compliance 
    with the terms and conditions of the permit. Note that the 
    comprehensive site evaluations are not the same as periodic or other 
    inspections described for certain industries under Part VI.C.3.d of 
    this fact sheet. However, in the instances when frequencies of 
    inspections and the comprehensive site compliance evaluation overlap 
    they may be combined allowing for efficiency, as long as the 
    requirements for both types of inspections are met. The plan must 
    indicate the frequency of comprehensive evaluations which must be at 
    least once a year, except where comprehensive site evaluations are 
    shown in the plan to be impractical for inactive mining sites, due to 
    remote location and inaccessibility. 12 The individual or 
    individuals who will conduct the comprehensive site evaluation must be 
    identified in the plan and should be members of the pollution 
    prevention team. Material handling and storage areas and other 
    potential sources of pollution must be visually inspected for evidence 
    of actual or potential pollutant discharges to the drainage system. 
    Inspectors also must observe erosion controls and structural storm 
    water management devices to ensure that each is operating correctly. 
    Equipment needed to implement the pollution prevention plan, such as 
    that used during spill response activities, must be inspected to 
    confirm that it is in proper working order.
    
        \12\ Where annual site inspections are shown in the plan to be 
    impractical for inactive mining sites, due to remote location and 
    inaccessibility, site inspections must be conducted at least once 
    every 3 years.
    ---------------------------------------------------------------------------
    
        The results of each comprehensive site evaluation must be 
    documented in a report signed by an authorized company official. The 
    report must describe the scope of the comprehensive site evaluation, 
    the personnel making the comprehensive site evaluation, the date(s) of 
    the comprehensive site evaluation, and any major observations relating 
    to implementation of the storm water pollution prevention plan. 
    Comprehensive site evaluation reports must be retained for at least 3 
    years after the date of the evaluation. Based on the results of each 
    comprehensive site evaluation, the description in the plan of potential 
    pollution sources and measures and controls must be revised as 
    appropriate within 2 weeks after each comprehensive site evaluation, 
    unless indicated otherwise in Section XI of the permit. Changes in 
    procedural operations must be implemented on the site in a timely 
    manner for non-structural measures and controls not more than 12 weeks 
    after completion of the comprehensive site evaluation. Procedural 
    changes that require construction of structural measures and controls 
    are allowed up to 3 years for implementation. In both instances, an 
    extension may be requested from the Director.
    
    D. Special Requirements
    
    1. Special Requirements for Storm Water Discharges Associated With 
    Industrial Activity Through Large and Medium Municipal Separate Storm 
    Sewer Systems
        Permittees that discharge storm water associated with industrial 
    activity through large or medium municipal separate storm sewer systems 
    13 are required to submit notification of the discharge to the 
    operator of the municipal separate storm sewer system. A list of these 
    systems is provided in Addendum D of today's notice.
    
        \13\ Large and medium municipal separate storm sewer systems are 
    systems located in an incorporated city with a population of 100,000 
    or more, or in a county identified as having a large or medium 
    system (see 40 CFR 122.26(b) (4) and (7) and Appendices F through I 
    to Part 122). A list of these municipalities is provided in Addendum 
    D to today's notice.
    ---------------------------------------------------------------------------
    
        Facilities covered by this permit must comply with applicable 
    requirements in municipal storm water management programs developed 
    under NPDES permits issued for the discharge of the municipal separate 
    storm sewer system that receives the facility's discharge, provided the 
    discharger has been notified of such conditions. In addition, 
    permittees that discharge storm water associated with industrial 
    activity through a large or medium municipal separate storm sewer 
    system must make their pollution prevention plans available to the 
    municipal operator of the system upon request by the municipal 
    operator.
    2. Special Requirements for Storm Water Discharges Associated With 
    Industrial Activity From Facilities Subject to EPCRA Section 313 
    Requirements
        Today's permit contains special requirements for certain permittees 
    subject to reporting requirements under Section 313 of the EPCRA (also 
    known as Title III of the Superfund Amendments and Reauthorization Act 
    (SARA)). EPCRA Section 313 requires operators of certain facilities 
    that manufacture (including import), process, or otherwise use listed 
    toxic chemicals to report annually their releases of those chemicals to 
    any environmental media. Listed toxic chemicals include more than 500 
    chemicals and chemical classes listed at 40 CFR Part 372 (including the 
    recently added chemicals published November 30, 1994).
        The criteria for facilities that must report under Section 313 are 
    given at 40 CFR 372.22. A facility is subject to the annual reporting 
    provisions of Section 313 if it meets all three of the following 
    criteria for a calendar year: it is included in SIC codes 20 through 
    39; it has 10 or more full-time employees; and it manufactures 
    (including imports), processes, or otherwise uses a chemical listed in 
    40 CFR 372.65 in amounts greater than the ``threshold'' quantities 
    specified in 40 CFR 372.25.
        There are more than 300 individually listed Section 313 chemicals, 
    as well as 20 categories of Toxic Release Inventory (TRI) chemicals for 
    which reporting is required. EPA has the authority to add to and delete 
    from this list. The Agency has identified approximately 175 chemicals 
    that it is classifying for the purposes of this general permit as 
    ``Section 313 water priority chemicals.'' For the purposes of this 
    permit, Section 313 water priority chemicals are defined as chemicals 
    or chemical categories that (1) are listed at 40 CFR 372.65 pursuant to 
    EPCRA Section 313; (2) are manufactured, processed, or otherwise used 
    at or above threshold levels at a facility subject to EPCRA Section 313 
    reporting requirements; and (3) meet at least one of the following 
    criteria: (i) are listed in Appendix D of 40 CFR Part 122 on either 
    Table II (organic priority pollutants), Table III (certain metals, 
    cyanides, and phenols), or Table V (certain toxic pollutants and 
    hazardous substances); (ii) are listed as a hazardous substance 
    pursuant to Section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (iii) 
    are pollutants for which EPA has published acute or chronic toxicity 
    criteria. A list of the water priority chemicals is provided in 
    Addendum F to today's notice. In today's permit, EPA is not extending 
    the special requirements to facilities that store liquid chemicals in 
    above-ground tanks or handle liquid chemicals in areas exposed to 
    precipitation if such facilities are not subject to EPCRA Section 313 
    reporting requirements.
    
    [[Page 50819]]
    
        a. Summary of Special Requirements. The special requirements in 
    today's permit for facilities subject to reporting requirements under 
    EPCRA Section 313 for a water priority chemical, except those that are 
    handled and stored only in gaseous or non-soluble liquids or solids (at 
    atmospheric pressure and temperature) forms (see Part VI.D.2.c below), 
    state that storm water pollution prevention plans, in addition to the 
    baseline requirements for plans, must contain special provisions 
    addressing areas where Section 313 water priority chemicals are stored, 
    processed, or otherwise handled. These requirements reflect the Best 
    Available Technology for controlling discharges of water priority 
    chemicals in storm water. The permit provides that appropriate 
    containment, drainage control, and/or diversionary structures must be 
    provided for such areas. An exemption from the special provisions for 
    Section 313 facilities will be granted if the facility can certify in 
    the pollution prevention plan that all water priority chemicals handled 
    or used are gaseous or non-soluble liquids or solids (at atmospheric 
    pressure and temperature). At a minimum, one of the following 
    preventive systems or its equivalent must be used: curbing, culverting, 
    gutters, sewers, or other forms of drainage control to prevent or 
    minimize the potential for storm water runon to come into contact with 
    significant sources of pollutants; or roofs, covers, or other forms of 
    appropriate protection to prevent storage piles from exposure to storm 
    water and wind.
        In addition, the permit establishes requirements for priority areas 
    of the facility. Priority areas of the facility include the following: 
    liquid storage areas where storm water comes into contact with any 
    equipment, tank, container, or other vessel used for Section 313 water 
    priority chemicals; material storage areas for Section 313 water 
    priority chemicals other than liquids; truck and rail car loading and 
    unloading areas for liquid Section 313 water priority chemicals; and 
    areas where Section 313 water priority chemicals are transferred, 
    processed, or otherwise handled.
        The permit provides that site runoff from other industrial areas of 
    the facility that may contain Section 313 water priority chemicals or 
    spills of Section 313 water priority chemicals must incorporate the 
    necessary drainage or other control features to prevent the discharge 
    of spilled or improperly disposed material and to ensure the mitigation 
    of pollutants in runoff or leachate. The permit also establishes 
    special requirements for preventive maintenance and good housekeeping, 
    facility security, and employee training.
        In the proposed permit, EPA proposed to require facilities subject 
    to EPCRA Section 313 requirements to have a Registered Professional 
    Engineer (PE) certify their pollution prevention plans every 3 years. 
    However, in response to commentors' concerns, EPA has revised the 
    permit to eliminate the PE certification requirement. Instead, the 
    permit now requires facilities subject to the special requirements to 
    satisfy the pollution prevention plan signature requirements in Part 
    IV.B.1. of the permit. EPA agrees with commentors that the operator is 
    the most appropriate person to perform the certification. In addition, 
    instead of certifying the plan every 3 years, facilities subject to 
    EPCRA Section 313 requirements must amend the pollution prevention plan 
    only when significant modifications are made to the facility, such as 
    the addition of material handling areas or chemical storage units.
        b. Requirements for Priority Areas. The permit provides that 
    drainage from priority areas should be restrained by valves or other 
    positive means to prevent the discharge of a spill or other excessive 
    leakage of Section 313 water priority chemicals. Where containment 
    units are employed, such units may be emptied by pumps or ejectors; 
    however, these must be manually activated. Flapper-type drain valves 
    must not be used to drain containment areas, as these will not 
    effectively control spills. Valves used for the drainage of containment 
    areas should, as far as is practical, be of manual, open-and-closed 
    design. If facility drainage does not meet these requirements, the 
    final discharge conveyance of all in-facility storm sewers must be 
    equipped to be equivalent with a diversion system that could, in the 
    event of an uncontrolled spill of Section 313 water priority chemicals, 
    return the spilled material or contaminated storm water to the 
    facility. Records must be kept of the frequency and estimated volume 
    (in gallons) of discharges from containment areas.
        Additional special requirements are related to the types of 
    industrial activities that occur within the priority area. These 
    requirements are summarized below:
        (1) Liquid Storage Areas. Where storm water comes into contact with 
    any equipment, tank, container, or other vessel used for Section 313 
    water priority chemicals, the material and construction of tanks or 
    containers used for the storage of a Section 313 water priority 
    chemical must be compatible with the material stored and conditions of 
    storage, such as pressure and temperature. Liquid storage areas for 
    Section 313 water priority chemicals must be operated to minimize 
    discharges of Section 313 chemicals. Appropriate measures to minimize 
    discharges of Section 313 chemicals may include secondary containment 
    provided for at least the entire contents of the largest single tank 
    plus sufficient freeboard to allow for precipitation, a strong spill 
    contingency and integrity testing plan, and/or other equivalent 
    measures. A strong spill contingency plan would typically contain, at a 
    minimum, a description of response plans, personnel needs, and methods 
    of mechanical containment (such as use of sorbents, booms, collection 
    devices, etc.), steps to taken for removal of spill chemicals or 
    materials, and procedures to ensure access to and availability of 
    sorbents and other equipment. The testing component of the plan would 
    provide for conducting integrity testing of storage tanks at set 
    intervals such as once every 5 years, and conducting integrity and leak 
    testing of valves and piping at a minimum frequency, such as once per 
    year. In addition, a strong plan would include a written and actual 
    commitment of manpower, equipment and materials required to comply with 
    the permit and to expeditiously control and remove any quantity of 
    spilled or leaked chemicals that may result in a toxic discharge.
        (2) Other Material Storage Areas. Material storage areas for 
    Section 313 water priority chemicals other than liquids that are 
    subject to runoff, leaching, or wind must incorporate drainage or other 
    control features to minimize the discharge of Section 313 water 
    priority chemicals by reducing storm water contact with Section 313 
    water priority chemicals.
        (3) Truck and Rail Car Loading and Unloading Areas. Truck and rail 
    car loading and unloading areas for liquid Section 313 water priority 
    chemicals must be operated to minimize discharges of Section 313 water 
    priority chemicals. Appropriate measures to minimize discharges of 
    Section 313 chemicals may include the placement and maintenance of drip 
    pans (including the proper disposal of materials collected in the drip 
    pans) where spillage may occur (such as hose connections, hose reels, 
    and filler nozzles) when making and breaking hose connections; a strong 
    spill contingency and integrity testing plan; and/or other equivalent 
    measures.
        (4) Other Transfer, Process, or Handling Areas. Processing 
    equipment and materials handling equipment must be operated to minimize 
    discharges of Section 313 water priority chemicals. 
    
    [[Page 50820]]
    Materials used in piping and equipment must be compatible with the 
    substances handled. Drainage from process and materials handling areas 
    must minimize storm water contact with Section 313 water priority 
    chemicals. Additional protection such as covers or guards to prevent 
    exposure to wind, spraying or releases from pressure relief vents to 
    prevent a discharge of Section 313 water priority chemicals to the 
    drainage system, and overhangs or door skirts to enclose trailer ends 
    at truck loading/unloading docks must be provided as appropriate. 
    Visual inspections or leak tests must be provided for overhead piping 
    conveying Section 313 water priority chemicals without secondary 
    containment.
        c. Today's permit allows facilities to provide a certification, 
    signed in accordance with Part VII.G. (signatory requirements) of this 
    permit, that all Section 313 water priority chemicals handled and/or 
    stored onsite are only in gaseous or non-soluble liquid or solid (at 
    atmospheric pressure and temperature) forms in lieu of the additional 
    requirements in Part VI.E.2 of today's permit. By allowing such a 
    certification, EPA hopes to limit the application of the special 
    requirements Part IV.E.2. of the permit to those facilities with 313 
    water priority chemicals that truly have the potential to contaminate 
    storm water discharges associated with industrial activity.
    3. Special Requirements for Storm Water Discharges Associated With 
    Industrial Activity From Salt Storage Facilities
        Today's general permit contains special requirements for storm 
    water discharges associated with industrial activity from salt storage 
    facilities. Storage piles of salt used for deicing or other commercial 
    or industrial purposes must be enclosed or covered to prevent exposure 
    to precipitation, except for exposure resulting from adding or removing 
    materials from the pile. This requirement only applies to runoff from 
    storage piles discharged to waters of the United States. Facilities 
    that collect all of the runoff from their salt piles and reuse it in 
    their processes or discharge it subject to a separate NPDES permit do 
    not need to enclose or cover their piles. Permittees must comply with 
    this requirement as expeditiously as practicable, but in no event later 
    than 3 years from the date of permit issuance.
        These special requirements have been included in today's permit 
    based on human health and aquatic effects resulting from storm water 
    runoff from salt storage piles compounded with the prevalence of salt 
    storage piles across the United States.
    4. Consistency With Other Plans
        Storm water pollution prevention plans may reference the existence 
    of other plans for Spill Prevention Control and Countermeasure (SPCC) 
    plans developed for the facility under Section 311 of the CWA or Best 
    Management Practices (BMP) Programs otherwise required by an NPDES 
    permit for the facility as long as such requirement is incorporated 
    into the storm water pollution prevention plan.
    
    E. Monitoring and Reporting Requirements
    
        The permit contains three general types of monitoring requirements: 
    analytical monitoring or chemical monitoring; compliance monitoring for 
    effluent guidelines compliance, and visual examinations of storm water 
    discharges. This section provides a general description of each of 
    these types of monitoring. Actual monitoring requirements for a given 
    facility under the permit will vary depending upon the industrial 
    activities that occur at a facility and the criteria for determining 
    monitoring used to develop the permit. Table 3 lists the sections of 
    the permit and of this fact sheet that describe the monitoring 
    requirements as they apply to the specific industrial activities 
    eligible for coverage under the permit. These are minimum monitoring 
    requirements and if a permittee so chooses, he may conduct additional 
    sampling to acquire more data to improve the statistical validity of 
    the results. Through increased analytical or visual monitoring the 
    permittee may be able to better ascertain the effectiveness of their 
    pollution prevention plan.
        Analytical monitoring requirements involve laboratory chemical 
    analyses of samples collected by the permittee. The results of the 
    analytical monitoring are quantitative concentration values for 
    different pollutants, which can be easily compared to the results from 
    other sampling events, other facilities, or to National benchmarks. 
    Section VI.E.1. describes the analytical monitoring requirements and 
    the process and criteria by which an industry sector or subsector was 
    selected for analytical monitoring. Compliance monitoring requirements 
    are imposed under today's permit to insure that discharges subject to 
    numerical effluent limitations under the storm water effluent 
    limitations guidelines are in compliance with those limitations. The 
    compliance monitoring requirements are explained in Section VI.E.2.
        Visual examinations of storm water discharges are the least 
    burdensome type of monitoring requirement under the permit. Almost all 
    of the industrial activities are required to perform visual 
    examinations of their storm water discharges when they are occurring on 
    a quarterly basis. Visual examinations are described in Section VI.E.8.
    
                  Table 3.--Storm Water Monitoring Requirements             
    ------------------------------------------------------------------------
                                                                   Permit   
                                       Section of fact sheet      section   
          Industrial activity          describing monitoring     describing 
                                           requirements          monitoring 
                                                                requirements
    ------------------------------------------------------------------------
    Timber Products Facilities*....  VIII.A.8                  XI.A.5.      
    Paper and Allied Products        VIII.B.7                  XI.B.5.      
     Manufacturing Facilities*.                                             
    Chemical and Allied Products     VIII.C.8                  XI.C.5.      
     Manufacturing Facilities*.                                             
    Asphalt Paving and Roofing       VIII.D.5                  XI.D.5.      
     Materials Manufacturers and                                            
     Lubricant Manufacturers*.                                              
    Glass, Clay, Cement, Concrete,   VIII.E.7                  XI.E.5.      
     and Gypsum Product                                                     
     Manufacturing Facilities*.                                             
    Primary Metals Facilities*.....  VIII.F.7                  XI.F.5.      
    Metal Mining (Ore Mining and     VIII.G.8                  XI.G.5.      
     Dressing) Facilities*.                                                 
    Coal Mines and Coal Mining-      VIII.H.6                  XI.H.5.      
     Related Facilities*.                                                   
    Oil and Gas Extraction           VIII.I.7                  XI.I.5.      
     Facilities*.                                                           
    Mineral Mining and Processing    VIII.J.6                  XI.J.5.      
     Facilities*.                                                           
    Hazardous Waste Treatment,       VIII.K.7                  XI.K.5.      
     Storage, or Disposal                                                   
     Facilities*.                                                           
    Landfills and Land Application   VIII.L.6                  XI.L.5.      
     Sites*.                                                                
    
    [[Page 50821]]
                                                                            
    Automobile Salvage Yards*......  VIII.M.6                  XI.M.5.      
    Scrap and Waste Recycling        VIII.N.6                  XI.N.5.      
     Facilities*.                                                           
    Steam Electric Power Generating  VIII.O.6                  XI.O.5.      
     Facilities, Including Coal                                             
     Handling Areas*.                                                       
    Vehicle Maintenance or           VIII.P.6                  XI.P.5       
     Equipment Cleaning Areas at                                            
     Motor Freight Transportation                                           
     Facilities, Passenger                                                  
     Transportation Facilities,                                             
     Petroleum Bulk Oil Stations                                            
     and Terminals, Rail                                                    
     Transportation Facilities, and                                         
     the United States Postal                                               
     Service Transportation                                                 
     Facilities.                                                            
    Vehicle Maintenance Areas and/   VIII.Q.6                  XI.Q.5.      
     or Equipment Cleaning                                                  
     Operations at Water                                                    
     Transportation Facilities*.                                            
    Ship and Boat Building or        VIII.R.6                  XI.R.5.      
     Repairing Yards.                                                       
    Vehicle Maintenance Areas,       VIII.S.6                  XI.S.5.      
     Equipment Cleaning Areas, or                                           
     Deicing Areas Located at Air                                           
     Transportation Facilities*.                                            
    Treatment Works*...............  VIII.T.6                  XI.T.5.      
    Food and Kindred Products        VIII.U.5                  XI.U.5.      
     Facilities*.                                                           
    Textile Mills, Apparel, and      VIII.V.6                  XI.V.5.      
     Other Fabric Product                                                   
     Manufacturing Facilities*.                                             
    Wood and Metal Furniture and     VIII.W.5                  XI.W.5.      
     Fixture Manufacturing                                                  
     Facilities.                                                            
    Printing and Publishing          VIII.X.7                  XI.X.5.      
     Facilities.                                                            
    Rubber, Miscellaneous Plastic    VIII.Y.7                  XI.Y.5.      
     Products, and Miscellaneous                                            
     Manufacturing Industries*.                                             
    Leather Tanning and Finishing    VIII.Z.7                  XI.Z.5.      
     Facilities.                                                            
    Fabricated Metal Products        VIII.AA.7                 XI.AA.5.     
     Industry*.                                                             
    Facilities That Manufacture      VIII.AB.7                 XI.AB.5.     
     Transportation Equipment,                                              
     Industrial, or Commercial                                              
     Machinery.                                                             
    Facilities That Manufacture      VIII.AC.7                 XI.AC.5.     
     Electronic and Electrical                                              
     Equipment and Components,                                              
     Photographic and Optical Goods.                                        
    ------------------------------------------------------------------------
    * Denotes a sector that contains analytical monitoring requirements for 
      an entire sector or a subsector.                                      
    
    
    1. Analytical Monitoring Requirements.
        Today's permit requires analytical monitoring for discharges from 
    certain classes of industrial facilities. EPA believes that industries 
    may reduce the level of pollutants in storm water runoff from their 
    sites through the development and proper implementation of a storm 
    water pollution prevention plan discussed in today's permit. Analytical 
    monitoring is a means by which to measure the concentration of a 
    pollutant in a storm water discharge. Analytical results are 
    quantitative and therefore can be used to compare results from 
    discharge to discharge and to quantify the improvement in storm water 
    quality attributable to the storm water pollution prevention plan, or 
    to identify a pollutant that is not being successfully controlled by 
    the plan. EPA realizes there are greater cost burdens associated with 
    analytical monitoring in comparison to visual examinations. Today's 
    permit only requires analytical monitoring for the industry sectors or 
    subsectors that demonstrated a potential to discharge pollutants at 
    concentrations of concern.
        To determine the industry sectors and subsectors that would be 
    subject to analytical monitoring requirements contained in the sections 
    listed in Table 3, EPA reviewed the data submitted in the group 
    application process. First, EPA divided the Part 1 and Part 2 
    application data by the industry sectors listed in Table 3. Where a 
    sector was found to contain a wide range of industrial activities or 
    potential pollutant sources, it was further subdivided into the 
    industry subsectors listed in Table 4. Next, EPA reviewed the 
    information submitted in Part 1 of the group applications regarding the 
    industrial activities, significant materials exposed to storm water, 
    and the material management measures employed. This information helped 
    identify potential pollutants that may be present in the storm water 
    discharges. Then, EPA entered into a database, the sampling data 
    submitted in Part 2 of the group applications. That data was arrayed 
    according to industrial sector and subsector for the purposes of 
    determining when analytical monitoring would be appropriate. Data 
    received by EPA prior to January 1, 1993 (three months after the 
    application deadline) were entered into EPA's database. Some additional 
    data that was submitted even after January 1, 1993 was also entered 
    into the database to bolster the data set for some sectors or 
    subsectors (e.g., the auto salvage industry). All data submitted even 
    later by group applicants which was not loaded into the database was 
    reviewed by EPA during development of the permit. EPA notes that 
    preliminary copies of the database were distributed to the public upon 
    request in advance of a complete screening of the quality of the data 
    set. These copies of the database contained a variety of errors that 
    were screened and removed prior to EPA statistical analysis and 
    evaluation of the results. The results of the statistical analyses are 
    presented in the appropriate section of the fact sheet referenced in 
    Table 3.
    
                  Table 4.--Sector/Subsector Division of Group Applicants for Analyses of Sampling Data             
    ----------------------------------------------------------------------------------------------------------------
          Subsector             SIC code                                Activity represented                        
    ----------------------------------------------------------------------------------------------------------------
                                                Sector A. Timber Products                                           
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    1*..................  2421                  General Sawmills and Planning Mills.                                
    2...................  2491                  Wood Preserving.                                                    
    3*..................  2411                  Log Storage and Handling.                                           
    4*..................  2426                  Hardwood Dimension and Flooring Mills.                              
    
    [[Page 50822]]
                                                                                                                    
                          2429                  Special Product Sawmills, Not Elsewhere Classified.                 
                          243X                  Millwork, Veneer, Plywood, and Structural Wood.                     
                          244X                  Wood Containers.                                                    
                          245X                  Wood Buildings and Mobile Homes.                                    
                          2493                  Reconstituted Wood Products.                                        
                          2499                  Wood Products, Not Elsewhere Classified.                            
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                                    Sector B. Paper and Allied Products Manufacturing                               
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    1...................  261X                  Pulp Mills.                                                         
    2...................  262X                  Paper Mills.                                                        
    3*..................  263X                  Paperboard Mills.                                                   
    4...................  265X                  Paperboard Containers and Boxes.                                    
    5...................  267X                  Converted Paper and Paperboard Products, Except Containers and      
                                                 Boxes.                                                             
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                                  Sector C. Chemical and Allied Products Manufacturing.                             
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    1*..................  281X                  Industrial Inorganic Chemicals.                                     
    2*..................  282X                  Plastics Materials and Synthetic Resins, Synthetic Rubber,          
                                                 Cellulosic and Other Manmade Fibers Except Glass.                  
    3...................  283X                  Drugs.                                                              
    4*..................  284X                  Soaps, Detergents, and Cleaning Preparations; Perfumes, Cosmetics,  
                                                 and Other Toilet Preparations.                                     
    5...................  285X                  Paints, Varnishes, Lacquers, Enamels, and Allied Products.          
    6...................  286X                  Industrial Organic Chemicals.                                       
    7*..................  287X                  Agricultural Chemicals.                                             
    8...................  289X                  Miscellaneous Chemical Products.                                    
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                Sector D. Asphalt Paving and Roofing Materials Manufacturers and Lubricant Manufacturers            
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    1*..................  295X                  Asphalt Paving and Roofing Materials.                               
    2...................  299X                  Miscellaneous Products of Petroleum and Coal.                       
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                        Sector E. Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing                   
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    1...................  321X                  Flat Glass.                                                         
                          322X                  Glass and Glassware, Pressed or Blown.                              
                          323X                  Glass Products Made of Purchased Glass.                             
    2...................  324X                  Hydraulic Cement.                                                   
    3*..................  325X                  Structural Clay Products.                                           
                          326X                  Pottery and Related Products.                                       
                          3297                  Non-Clay Refractories.                                              
    4*..................  327X                  Concrete, Gypsum and Plaster Products.                              
                          3295                  Minerals and Earth's, Ground, or Otherwise Treated.                 
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                                                Sector F. Primary Metals                                            
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    1*..................  331X                  Steel Works, Blast Furnaces, and Rolling and Finishing Mills.       
    2*..................  332X                  Iron and Steel Foundries.                                           
    3...................  333X                  Primary Smelting and Refining of Nonferrous Metals.                 
    4...................  334X                  Secondary Smelting and Refining of Nonferrous Metals.               
    5*..................  335X                  Rolling, Drawing, and Extruding of Nonferrous Metals.               
    6*..................  336X                  Nonferrous Foundries (Castings).                                    
    7...................  339X                  Miscellaneous Primary Metal Products.                               
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                                    Sector G. Metal Mining (Ore Mining and Dressing)                                
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    1...................  101X                  Iron Ores.                                                          
    2*..................  102X                  Copper Ores.                                                        
    3...................  103X                  Lead and Zinc Ores.                                                 
    4...................  104X                  Gold and Silver Ores.                                               
    5...................  106X                  Ferroalloy Ores, Except Vanadium.                                   
    6...................  108X                  Metal Mining Services.                                              
    7...................  109X                  Miscellaneous Metal Ores.                                           
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                                 Sector H. Coal Mines and Coal Mining-Related Facilities                            
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    NA*.................  12XX                  Coal Mines and Coal Mining-Related Facilities.                      
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    
    [[Page 50823]]
                                                                                                                    
                                            Sector I. Oil and Gas Extraction                                        
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    1*..................  131X                  Crude Petroleum and Natural Gas.                                    
    2...................  132X                  Natural Gas Liquids.                                                
    3*..................  138X                  Oil and Gas Field Services.                                         
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                                          Sector J. Mineral Mining and Dressing                                     
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    1*..................  141X                  Dimension Stone.                                                    
                          142X                  Crushed and Broken Stone, Including Rip Rap.                        
                          148X                  Nonmetallic Minerals, Except Fuels.                                 
    2*..................  144X                  Sand and Gravel.                                                    
    3...................  145X                  Clay, Ceramic, and Refractory Materials.                            
    4...................  147X                  Chemical and Fertilizer Mineral Mining.                             
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                            Sector K. Hazardous Waste Treatment Storage or Disposal Facilities                      
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    NA*.................  NA                    Hazardous Waste Treatment Storage or Disposal.                      
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                                     Sector L. Landfills and Land Application Sites                                 
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    NA*.................  NA                    Landfills and Land Application Sites.                               
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                                           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*.................  NA                    Steam Electric Generating Facilities.                               
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                                              Sector P. Land Transportation                                         
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    1...................  40XX                  Railroad Transportation.                                            
    2...................  41XX                  Local and Highway Passenger Transportation.                         
    3...................  42XX                  Motor Freight Transportation and Warehousing.                       
    4...................  43XX                  United States Postal Service.                                       
    5...................  5171                  Petroleum Bulk Stations and Terminals.                              
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                                              Sector Q. Water Transportation                                        
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    NA*.................  44XX                  Water Transportation.                                               
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                                   Sector R. Ship and Boat Building or Repairing Yards                              
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    NA..................  373X                  Ship and Boat Building or Repairing Yards.                          
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                                         Sector S. Air Transportation Facilities                                    
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    NA*.................  45XX                  Air Transportation Facilities.                                      
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                                                Sector T. Treatment Works                                           
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    NA*.................  NA                    Treatment Works.                                                    
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                                           Sector U. Food and Kindred Products                                      
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    1...................  201X                  Meat Products.                                                      
    2...................  202X                  Dairy Products.                                                     
    3...................  203X                  Canned, Frozen and Preserved Fruits, Vegetables and Food            
                                                 Specialties.                                                       
    4*..................  204X                  Grain Mill Products.                                                
    
    [[Page 50824]]
                                                                                                                    
    5...................  205X                  Bakery Products.                                                    
    6...................  206X                  Sugar and Confectionery Products.                                   
    7*..................  207X                  Fats and Oils.                                                      
    8...................  208X                  Beverages.                                                          
    9...................  209X                  Miscellaneous Food Preparations and Kindred Products.               
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                        Sector V. Textile Mills, Apparel, and Other Fabric Product Manufacturing                    
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    1...................  22XX                  Textile Mill Products.                                              
    2...................  23XX                  Apparel and Other Finished Products Made From Fabrics and Similar   
                                                 Materials.                                                         
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                                            Sector W. Furniture and Fixtures                                        
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    NA..................  25XX                  Furniture and Fixtures.                                             
                          2434                  Wood Kitchen Cabinets.                                              
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                                            Sector X. Printing and Publishing                                       
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    NA..................  27XX                  Printing and Publishing.                                            
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
               Sector Y. Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries         
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    1*..................  301X                  Tires and Inner Tubes.                                              
                          302X                  Rubber and Plastics Footwear.                                       
                          305X                  Gaskets, Packing, and Sealing Devices and Rubber and Plastics Hose  
                                                 and Belting.                                                       
                          306X                  Fabricated Rubber Products, Not Elsewhere Classified.               
    2...................  308X                  Miscellaneous Plastics Products.                                    
                          393X                  Musical Instruments.                                                
                          394X                  Dolls, Toys, Games and Sporting and Athletic Goods.                 
                          395X                  Pens, Pencils, and Other Artists' Materials.                        
                          396X                  Costume Jewelry, Costume Novelties, Buttons, and Miscellaneous      
                                                 Notions, Except Precious Metal.                                    
                          399X                  Miscellaneous Manufacturing Industries.                             
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                                         Sector Z. Leather Tanning and Finishing                                    
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    NA..................  311X                  Leather Tanning and Finishing.                                      
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                                          Sector AA. Fabricated Metal Products                                      
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    1*..................  342X                  Cutlery, Handtools, and General Hardware.                           
                          344X                  Fabricated Structural Metal Products.                               
                          345X                  Screw Machine Products, and Bolts, Nuts, Screws, Rivets, and Washer.
                          346X                  Metal Forgings and Stampings.                                       
                          3471                  Electroplating, Plating, Polishing, Anodizing, and Coloring.        
                          349X                  Miscellaneous Fabricated Metal Products.                            
                          391X                  Jewelry, Silverware, and Plated Ware.                               
    2*..................  3479                  Coating, Engraving, and Allied Services.                            
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                         Sector AB. Transportation Equipment, Industrial or Commercial Machinery                    
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    NA..................  35XX                  Industrial and Commercial Machinery.                                
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                            Sector AC. Electronic, Electrical, Photographic and Optical Goods                       
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    NA..................  36XX                  Electronic, Electrical.                                             
                          38XX                  Measuring, Analyzing and Controlling Instrument; Photographic and   
                                                 Optical Goods.                                                     
    ----------------------------------------------------------------------------------------------------------------
    * Denotes subsector with analytical (chemical) monitoring requirements.                                         
    NA indicated those industry sectors in which subdivision into subsectors was determined to be not applicable.   
    
    
        To conduct a comparison of the results of the statistical analyses 
    to determine when analytical monitoring would be required, EPA 
    established ``benchmark'' concentrations for the pollutant parameters 
    on which monitoring results had been received. The ``benchmarks'' are 
    the pollutant concentrations above which EPA determined represents a 
    level of concern. The level of concern is a concentration at which a 
    storm water discharge could potentially impair, or contribute to 
    impairing water quality or affect human health from ingestion of 
    
    [[Page 50825]]
    water or fish. The benchmarks are also viewed by EPA as a level, that 
    if below, a facility represents little potential for water quality 
    concern. As such, the benchmarks also provide an appropriate level to 
    determine whether a facility's storm water pollution prevention 
    measures are successfully implemented. The benchmark concentrations are 
    not effluent limitations and should not be interpreted or adopted as 
    such. These values are merely levels which EPA has used to determine if 
    a storm water discharge from any given facility merits further 
    monitoring to insure that the facility has been successful in 
    implementing a storm water pollution prevention plan. As such these 
    levels represent a target concentration for a facility to achieve 
    through implementation of pollution prevention measures at the 
    facility. Table 5 lists the parameter benchmark values.
        As can be seen in Table 5, benchmark concentrations were determined 
    based upon a number of existing standards or other sources to represent 
    a level above which water quality concerns could arise. EPA has also 
    sought to develop values which can realistically be measured and 
    achieved by industrial facilities. Moreover, storm water discharges 
    with pollutant concentrations occurring below these levels would not 
    warrant further analytical monitoring due to their de minimis potential 
    effect on water quality.
        The primary source of benchmark concentrations is EPA's National 
    Water Quality Criteria, published in 1986 (often referred to as the 
    ``Gold Book''). For the majority of the benchmarks, EPA chose to use 
    the acute aquatic life, fresh water ambient water quality criteria. 
    These criteria represent maximum concentration values for a pollutant, 
    above which, could cause acute effects on aquatic life such as 
    mortality in a short period of time. Where acute criteria values were 
    not available, EPA used the lowest observed effect level (LOEL) acute 
    fresh water value. The LOEL values represent the lowest concentration 
    of a pollutant that results in an adverse effect over a short period of 
    time. These two acute freshwater values were selected as benchmark 
    concentrations if the value was not below the approved method detection 
    limit as listed in 40 CFR Part 136 and the value was not substantially 
    above the concentration which EPA believes a facility can attain 
    through the implementation of a storm water pollution prevention plan. 
    These acute freshwater values best represent, on a national basis, the 
    highest concentrations at which typical fresh water species can survive 
    exposures of pollutants for short durations (i.e., a storm discharge 
    event).
        Acute freshwater criteria do not exist for a number of parameters 
    on which EPA received data. For these parameters, EPA selected 
    benchmark values from several other references. The benchmark 
    concentrations for five day biochemical oxygen demand (BOD5) and 
    for pH are determined based upon the secondary wastewater treatment 
    regulations (40 CFR 133.102). EPA believes that the BOD5 value of 
    30 mg/L is a reasonable concentration below which adverse effects in 
    receiving waters under wet weather flow conditions should not occur. 
    EPA also believes, that given group application data on BOD5, this 
    value should be readily achievable by industrial storm water 
    dischargers. The benchmark value for pH is a range of 6.0-9.0 standard 
    units. EPA believes this level, given the group application data, is 
    reasonably achievable by industrial storm water dischargers and 
    represents and acceptable range within which aquatic life impacts will 
    not occur. The benchmark concentration for chemical oxygen demand (COD) 
    is based upon the State of North Carolina benchmark values for storm 
    water discharges, and is a factor of four times the BOD5 benchmark 
    concentration. EPA has concluded that COD is generally discharged in 
    domestic wastewater at four times the concentration of BOD5 
    without causing adverse impacts on aquatic life. EPA selected the 
    median concentration from the National Urban Runoff Program as the 
    benchmark for total suspended solids (TSS) and for nitrate plus nitrite 
    as nitrogen. EPA believes the median concentration, which is the mid-
    point concentration (half the samples are above this level and half are 
    below) represents concentration above which water quality concerns may 
    result. For TSS a value of 100mg/L is similar to the storm water 
    benchmark used by North Carolina for storm water permits, and given the 
    group application data, should be readily achievable by industry with 
    implementation of BMPs, many of which are designed for the purpose of 
    controlling TSS. EPA also believes, given the group application data, 
    that there is a relationship between TSS and the amount of exposed 
    industrial activity and that industrial activities even in arid western 
    States should be able to implement BMPs that will accomplish this 
    benchmark. EPA selected the storm water effluent limitation guideline 
    for petroleum refining facilities as the benchmark for oil and grease. 
    Given the lack of an acute criteria, EPA selected the chronic fresh 
    water quality criteria as the benchmark for iron. Water quality 
    criteria for waterbodies in the State of North Carolina were used to 
    determine benchmarks for total phosphorus and for fluoride. The 
    concentration value for phosphorus was designed to prevent 
    eutrophication of fresh waterbodies from storm water runoff. The 
    fluoride value was designed by North Carolina to be protective of water 
    quality, as was the manganese value developed by Colorado. EPA believes 
    that each of these benchmark values represent a reasonable level below 
    which water quality impacts should not occur and they therefore 
    represent a useful level to assess whether a pollution prevention plan 
    is controlling pollution in storm water discharges.
        For several other parameters, EPA chose a benchmark value base on a 
    numerical adjustment of the acute fresh water quality criteria. Where 
    the acute water quality criteria was below the method detection level 
    for a pollutant, EPA used the ``minimum level'' (ML) as the benchmark 
    concentration to ensure that the benchmark levels could be measured by 
    permittees. For a few pollutants minimum levels have been published and 
    these were used. For other pollutants, minimum levels need to be 
    calculated. EPA calculated the minimum levels using the methodology 
    described in the draft ``National Guidance for the Permitting, 
    Monitoring, and Enforcement of Water Quality-based Effluent Limitations 
    Set Below Analytical Detection/Quantitation Levels'' (Michael Cook, 
    OWEC, March 18, 1994).
        Additionally, several organic compounds (ethylbenzene, 
    fluoranthene, toluene, and trichloroethylene) have acute fresh water 
    quality criteria at substantially high concentrations, much higher than 
    criteria developed for the protection of human health when ingesting 
    water or fish. In addition, trichloroethylene is a human carcinogen. 
    Therefore, EPA selected the human health criteria as benchmarks for 
    these parameters. For dimethyl phthalate and total phenols, EPA 
    selected benchmark concentrations based upon existing discharge 
    limitations and compliance data (no industry had median concentrations 
    above the selected benchmark for these parameters and therefore no 
    industry sector is required to monitor for these two pollutants).
        EPA conducted statistical analyses of the group Part 2 data for 
    each parameter within every industry sector or subsector listed in 
    Table 5. The 
    
    [[Page 50826]]
    pollutants, benchmark values, and source of the benchmark values are 
    indicated below in Table 5.
    
                      Table 5.--Parameter Benchmark Values                  
    ------------------------------------------------------------------------
              Parameter name                 Benchmark level         Source 
    ------------------------------------------------------------------------
    Biochemical Oxygen Demand(5).....  30 mg/L                             4
    Chemical Oxygen Demand...........  120 mg/L                            5
    Total Suspended Solids...........  100 mg/L                            7
    Oil and Grease...................  15 mg/L                             8
    Nitrate + Nitrite Nitrogen.......  0.68 mg/L                           7
    Total Phosphorus.................  2.0 mg/L                            6
    pH...............................  6.0-9.0 s.u.                        4
    Acrylonitrile (c)................  7.55 mg/L                           2
    Aluminum, Total (pH 6.5-9).......  0.75 mg/L                           1
    Ammonia..........................  19 mg/L                             1
    Antimony, Total..................  0.636 mg/L                          9
    Arsenic, Total (c)...............  0.16854 mg/L                        9
    Benzene..........................  0.01 mg/L                          10
    Beryllium, Total (c).............  0.13 mg/L                           2
    Butylbenzyl Phthalate............  3 mg/L                              3
    Cadmium, Total (H)...............  0.0159 mg/L                         9
    Chloride.........................  860 mg/L                            1
    Copper, Total (H)................  0.0636 mg/L                         9
    Dimethyl Phthalate...............  1.0 mg/L                           11
    Ethylbenzene.....................  3.1 mg/L                            3
    Fluoranthene.....................  0.042 mg/L                          3
    Fluoride.........................  1.8 mg/L                            6
    Iron, Total......................  1.0 mg/L                           12
    Lead, Total (H)..................  0.0816 mg/L                         1
    Manganese........................  1.0 mg/L                           13
    Mercury, Total...................  l0.0024 mg/L                        1
    Nickel, Total (H)................  1.417 mg/L                          1
    PCB-1016 (c).....................  0.000127 mg/L                       9
    PCB-1221 (c).....................  0.10 mg/L                          10
    PCB-1232 (c).....................  0.000318 mg/L                       9
    PCB-1242 (c).....................  0.00020 mg/L                       10
    PCB-1248 (c).....................  0.002544 mg/L                       9
    PCB-1254 (c).....................  0.10 mg/L                          10
    PCB-1260 (c).....................  0.000477 mg/L                       9
    Phenols, Total...................  1.0 mg/L                           11
    Pyrene (PAH,c)...................  0.01 mg/L                          10
    Selenium, Total (*)..............  0.2385 mg/L                         9
    Silver, Total (H)................  0.0318 mg/L                         9
    Toluene..........................  10.0 mg/L                           3
    Trichloroethylene (c)............  0.0027 mg/L                         3
    Zinc, Total (H)..................  0.065 mg/L                         1 
    ------------------------------------------------------------------------
    Sources:                                                                
    1. ``EPA Recommended Ambient Water Quality Criteria.'' Acute Aquatic    
      Life Freshwater.                                                      
    2. ``EPA Recommended Ambient Water Quality Criteria.'' LOEL Acute       
      Freshwater.                                                           
    3. ``EPA Recommended Ambient Water Quality Criteria.'' Human Health     
      Criteria for Consumption of Water and Organisms.                      
    4. Secondary Treatment Regulations (40 CFR 133).                        
    5. Factor of 4 times BOD5 concentration--North Carolina benchmark.      
    6. North Carolina storm water benchmark derived from NC Water Quality   
      Standards.                                                            
    7. National Urban Runoff Program (NURP) median concentration.           
    8. Median concentration of Storm Water Effluent Limitation Guideline (40
      CFR Part 419).                                                        
    9. Minimum Level (ML) based upon highest Method Detection Limit (MDL)   
      times a factor of 3.18.                                               
    10. Laboratory derived Minimum Level (ML).                              
    11. Discharge limitations and compliance data.                          
    12. ``EPA Recommended Ambient Water Quality Criteria.'' Chronic Aquatic 
      Life Freshwater.                                                      
    13. Colorado--Chronic Aquatic Life Freshwater--Water Quality Criteria.  
    Notes:                                                                  
    (*) Limit established for oil and gas exploration and production        
      facilities only.                                                      
    (c) carcinogen.                                                         
    (H) hardness dependent.                                                 
    (PAH) Polynuclear Aromatic Hydrocarbon.                                 
    Assumptions:                                                            
    Receiving water temperature--20 C.                                      
    Receiving water pH--7.8.                                                
    Receiving water hardness CaCO3 100 mg/L.                                
    Receiving water salinity 20 g/kg.                                       
    Acute to Chronic Ratio (ACR)--10.                                       
    
        EPA prepared a statistical analysis of the sampling data for each 
    pollutant parameter reported within each sector or subsector. (Only 
    where EPA did not subdivide an industry sector into subsectors was an 
    analysis of the entire 
    
    [[Page 50827]]
    sector's data performed.) The statistical analysis was performed 
    assuming a delta log normal distribution of the sampling data within 
    each sector/subsector. The analyses calculated median, mean, maximum, 
    minimum, 95th, and 99th percentile concentrations for each parameter. 
    The results of the analyses may be found in the appropriate section of 
    Part VIII of this Fact Sheet. From this analysis, EPA was able to 
    identify pollutants for further evaluation within each sector or 
    subsector.
        EPA next compared the median concentration for each pollutant for 
    each sector or subsector to the benchmark concentrations listed in 
    Table 5. EPA also compared the other statistical results to the 
    benchmarks to better ascertain the magnitude and range of the discharge 
    concentrations to help identify the pollutants of concern. EPA did not 
    conduct this analysis if a sector had data for a pollutant from less 
    than three individual facilities. Under these circumstances, the sector 
    or subsector would not have this pollutant identified as a pollutant of 
    concern. This was done to ensure that a reasonable number of facilities 
    represented the industry sector or subsector as a whole and that the 
    analysis did not rely on data from only one facility.
        For each industry sector or subsector, parameters with a median 
    concentration higher than the benchmark level were considered 
    pollutants of concern for the industry and identified as potential 
    pollutants for analytical monitoring under today's permit. EPA then 
    analyzed the list of potential pollutants to be monitored against the 
    lists of significant materials exposed and industrial activities which 
    occur within each industry sector or subsector as described in the part 
    I application information. Where EPA could identify a source of a 
    potential pollutant which is directly related to industrial activities 
    of the industry sector or subsector, the permit identifies that 
    parameter for analytical monitoring. If EPA could not identify a source 
    of a potential pollutant which was associated with the sector/
    subsector's industrial activity, the permit does not require monitoring 
    for the pollutant in that sector/subsector. Industries with no 
    pollutants for which the median concentrations are higher than the 
    benchmark levels are not required to perform analytical monitoring 
    under this permit, with the exceptions explained below.
        In addition to the sectors and subsectors identified for analytical 
    monitoring using the methods described above, EPA determined, based 
    upon a review of the degree of exposure, types of materials exposed, 
    special studies and in some cases inadequate sampling data in the group 
    applications, that industries in the following sections of today's fact 
    sheet also warrant analytical monitoring not withstanding the absence 
    of data on the presence or absence of certain pollutants in the group 
    applications: VIII.K.7 (hazardous waste treatment storage and disposal 
    facilities), and VIII.S.6 (airports which use more than 100,000 gallons 
    per year of glycol-based fluids or 100 tons of urea for deicing). These 
    industries are required to perform analytical monitoring under the 
    permit due to the high potential for contamination of storm water 
    discharge, which EPA believes was not adequately characterized by group 
    applicants in the information they provided in the group application 
    process.
        All facilities within an industry sector or subsector identified 
    for analytical monitoring must, at a minimum, monitor their storm water 
    discharges during the second year of permit coverage, unless the 
    facility exercises the Alternative Certification described in Section 
    VI.E.3 of this fact sheet. At the end of the second year of permit 
    coverage, a facility must calculate the average concentration for each 
    parameter for which the facility is required to monitor. If the 
    permittee collects more than four samples in this period, then they 
    must calculate an average concentration for each pollutant of concern 
    for all samples analyzed. Monitoring must be conducted for the same 
    storm water discharge outfall in each sampling period. Where a given 
    storm water discharge is addressed by more than one sector/subsector's 
    monitoring requirements, then the monitoring requirements for the 
    applicable sector's/subsector's activities are cumulative. Therefore, 
    if a particular discharge fits under more than one set of monitoring 
    requirements, the facility must comply with all sets of sampling 
    requirements. Monitoring requirements must be evaluated on an outfall-
    by-outfall basis.
        If the average concentration for a pollutant parameter is less than 
    or equal to the benchmark value, then the permittee is not required to 
    conduct analytical monitoring for that pollutant during the fourth year 
    of the permit. If, however, the average concentration for a pollutant 
    is greater than the benchmark value, then the permittee is required to 
    conduct quarterly monitoring for that pollutant during the fourth year 
    of permit coverage. Analytical monitoring is not required during the 
    first, third, and fifth year of the permit. The exclusion from 
    analytical monitoring in the fourth year of the permit is conditional 
    on the facility maintaining industrial operations and BMPs that will 
    ensure a quality of storm water discharges consistent with the average 
    concentrations recorded during the second year of the permit.
    2. Compliance Monitoring
        In addition to the analytical monitoring requirements for certain 
    sectors, today's permit contains monitoring requirements for discharges 
    which are subject to effluent limitations. These discharges must be 
    sampled annually and tested for the parameters which are limited by the 
    permit. Discharges subject to compliance monitoring include: coal pile 
    runoff, contaminated runoff from phosphate fertilizer manufacturing 
    facilities, runoff from asphalt paving and roofing emulsion production 
    areas, material storage pile runoff from cement manufacturing 
    facilities, and mine dewatering discharges from crushed stone, 
    construction sand and gravel, and industrial sand mines located in 
    Texas, Louisiana, Oklahoma, New Mexico, and Arizona. All samples are to 
    be grabs taken within the first 30 minutes of discharge where 
    practicable, but in no case later than the first hour of discharge. 
    Where practicable, the samples shall be taken from the discharges 
    subject to the numeric effluent limitations prior to mixing with other 
    discharges.
        Monitoring for these discharges is required to determine compliance 
    with numeric effluent limitations. Furthermore, discharges covered 
    under today's permit which are subject to numeric effluent limitations 
    are not eligible for the alternative certification in Part VI.E.3. of 
    this fact sheet.
    3. Alternate Certification
         Throughout today's permit, EPA has included monitoring 
    requirements for facilities which the Agency believes have the 
    potential for contributing significant levels of pollutants to storm 
    water discharges. The alternative certification described below is 
    included in the permit to ensure that monitoring requirements are only 
    imposed on those facilities which do, in fact, have storm water 
    discharges containing pollutants at concentrations of concern. EPA has 
    determined that if there are no sources of a pollutant exposed to storm 
    water at the site then the potential for that pollutant to contaminate 
    storm water discharges does not warrant monitoring.
        Therefore, a discharger is not subject to the analytical monitoring 
    
    
    [[Page 50828]]
    requirements provided the discharger makes a certification for a given 
    outfall, on a pollutant-by-pollutant basis, that material handling 
    equipment or activities, raw materials, intermediate products, final 
    products, waste materials, by-products, industrial machinery or 
    operations, significant materials from past industrial activity that 
    are located in areas of the facility that are within the drainage area 
    of the outfall are not presently exposed to storm water and will not be 
    exposed to storm water for the certification period. Such certification 
    must be retained in the storm water pollution prevention plan, and 
    submitted to EPA in lieu of monitoring reports required under Part XI 
    of the permit. The permittee is required to complete any and all 
    sampling until the exposure is eliminated. If the facility is reporting 
    for a partial year, the permittee must specify the date exposure was 
    eliminated. If the permittee is certifying that a pollutant was present 
    for part of the reporting period, nothing relieves the permittee from 
    the responsibility to sample that parameter up until the exposure was 
    eliminated and it was determined that no significant materials 
    remained. This certification is not to be confused with the low 
    concentration sampling waiver. The test for the application of this 
    certification is whether the pollutant is exposed, or can be expected 
    to be present in the storm water discharge. If the facility does not 
    and has not used a parameter, or if exposure is eliminated and no 
    significant materials remain, then the facility can exercise this 
    certification.
        The permit does not allow facilities with discharges subject to 
    numeric effluent limitations to submit alternative certification in 
    lieu of the compliance monitoring requirements in Sections VI.C., 
    XI.C.6., XI.D.5., XI.E.5., and XI.J.5. The permit also does not allow 
    air transportation facilities subject to the analytical monitoring 
    requirements under Section XI.S.5. to exercise an alternative 
    certification.
        A facility is not precluded from exercising the alternative 
    certification in lieu of analytical monitoring requirements in the 
    fourth year of permit coverage, even if that facility failed to qualify 
    for a low concentration waiver in year two. EPA encourages facilities 
    to eliminate exposure of industrial activities and significant 
    materials where practicable.
    4. Reporting and Retention Requirements
        Permittees are required to submit all analytical monitoring results 
    obtained during the second and fourth year of permit coverage within 
    three months of the conclusion of the second and fourth year of 
    coverage of the permit. For each outfall, one Discharge Monitoring 
    Report Form must be submitted per storm event sampled. For facilities 
    conducting monitoring beyond the minimum requirements an additional 
    Discharge Monitoring Report Form must be filed for each analysis. The 
    permittee must include a measurement or estimate of the total 
    precipitation, volume of runoff, and peak flow rate of runoff for each 
    storm event sampled. Permittees subject to compliance monitoring 
    requirements are required to submit all compliance monitoring results 
    annually on the 28th day of the month following the anniversary of the 
    publication of this permit. Compliance monitoring results must be 
    submitted on signed Discharge Monitoring Report Forms. For each 
    outfall, one Discharge Monitoring Report form must be submitted for 
    each storm event sampled.
        Permittees are not required to submit records of the visual 
    examinations of storm water discharges unless specifically asked to do 
    so by the Director. Records of the visual examinations must be 
    maintained at the facility. Records of visual examination of storm 
    water discharge need not be lengthy. Permittees may prepare typed or 
    hand written reports using forms or tables which they may develop for 
    their facility. The report need only document: the date and time of the 
    examination; the name of the individual making the examination; and any 
    observations of color, odor, clarity, floating solids, suspended 
    solids, foam, oil sheen, and other obvious indicators of storm water 
    pollution.
        The location for submittal of all reports is contained in the 
    permit. Consistent with Office of Management and Budget Circular A-105, 
    facilities located on the following Federal Indian Reservations, which 
    cross EPA Regional boundaries, should note that permitting authority 
    for such lands is consolidated in one single EPA Region.
        a. Duck Valley Reservations lands, located in Regions IX and X, are 
    handled by Region IX.
        b. Fort McDermitt Reservation lands, located in Regions IX and X, 
    are handled by Region IX.
        c. Goshute Reservation lands, located in Regions VIII and IX, are 
    handled by Region IX.
        d. Navajo Reservation lands, located in Regions VI, VIII, and IX, 
    are handled by Region IX.
        e. Ute Mountain Reservation lands, located in Regions VI and VIII, 
    are handled Region VIII (no areas in Region VIII are receiving coverage 
    under this permit).
        Pursuant to the requirements of 40 CFR 122.41(j), today's permit 
    requires permittees to retain all records for a minimum of 3 years from 
    the date of the sampling, examination, or other activity that generated 
    the data.
    5. Sample Type
        The discussion below is a general description of the sample type 
    required for monitoring under today's permit. Certain industries have 
    different requirements, however, so permittees should check the 
    industry-specific requirements in Part XI. of today's permit to confirm 
    these requirements. Grab samples may be used for all monitoring unless 
    otherwise stated. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. The required 
    72-hour storm event interval may be waived by the permittee where the 
    preceding measurable storm event did not result in a measurable 
    discharge from the facility. The 72-hour requirement may also be waived 
    by the permittee where the permittee documents that less than a 72-hour 
    interval is representative for local storm events during the season 
    when sampling is being conducted. The grab sample must be taken during 
    the first 30 minutes of the discharge. If the collection of a grab 
    sample during the first 30 minutes is impracticable, a grab sample can 
    be taken during the first hour of the discharge, and the discharger 
    must submit with the monitoring report a description of why a grab 
    sample during the first 30 minutes was impracticable. A minimum of one 
    grab is required. Where the discharge to be sampled contains both storm 
    water and non-storm water, the facility shall sample the storm water 
    component of the discharge at a point upstream of the location where 
    the non-storm water mixes with the storm water, if practicable.
    6. Representative Discharge
        The permit allows permittees to use the substantially identical 
    outfalls to reduce their monitoring burden. This representative 
    discharge provision provides facilities with multiple storm water 
    outfalls, a means for reducing the number of outfalls that must be 
    sampled and analyzed. This may result in a substantial reduction of the 
    resources required for a facility to comply with analytical monitoring 
    requirements. When a facility has two or more outfalls 
    
    [[Page 50829]]
    that, based on a consideration of industrial activity, significant 
    materials, and management practices and activities within the area 
    drained by the outfall, the permittee reasonably believes discharge 
    substantially identical effluents, the permittee may test the effluent 
    of one of such outfalls and report that the quantitative data also 
    applies to the substantially identical outfalls provided that the 
    permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explaining in detail 
    why the outfalls are expected to discharge substantially identical 
    effluent. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    (e.g., low (under 40 percent), medium (40 to 65 percent) or high (above 
    65 percent)) shall be provided in the plan. Facilities that select and 
    sample a representative discharge are prohibited from changing the 
    selected discharge in future monitoring periods unless the selected 
    discharge ceases to be representative or is eliminated. Permittees do 
    not need EPA approval to claim discharges are representative, provided 
    they have documented their rationale within the storm water pollution 
    prevention plan. However, the Director may determine the discharges are 
    not representative and require sampling of all non-identical outfalls.
        The representative discharge provision in the permit is available 
    to almost all facilities subject to the analytical monitoring 
    requirements (not including compliance monitoring for effluent 
    guideline limit compliance purposes) and to facilities subject to 
    visual examination requirements.
        The representative discharge provisions described above are 
    consistent with Section 5.2 of NPDES Storm Water Sampling Guidance 
    Document (EPA 833-B-92-001, July 1992).
    7. Sampling Waiver
        a. Adverse Weather Conditions. The permit allows for temporary 
    waivers from sampling based on adverse climatic conditions. This 
    temporary sampling waiver is only intended to apply to insurmountable 
    weather conditions such as drought or dangerous conditions such as 
    lightning, flash flooding, or hurricanes. These events tend to be 
    isolated incidents and should not be used as an excuse for not 
    conducting sampling under more favorable conditions associated with 
    other storm events. The sampling waiver is not intended to apply to 
    difficult logistical conditions, such as remote facilities with few 
    employees or discharge locations which are difficult to access. When a 
    discharger is unable to collect samples within a specified sampling 
    period due to adverse climatic conditions, the discharger shall collect 
    a substitute sample from a separate qualifying event in the next 
    sampling period as well as a sample for the routine monitoring required 
    in that period. Both samples should be analyzed separately and the 
    results of that analysis submitted to EPA. Permittees are not required 
    to obtain advance approval for sampling waivers.
        b. Unstaffed and Inactive Sites--Chemical Waiver. The permit allows 
    for a waiver from sampling for facilities that are both inactive and 
    unstaffed. This waiver is only intended to apply to these types of 
    facilities when the ability to conduct sampling would be severely 
    hindered and result in the inability to meet the time and 
    representative rainfall sampling specifications. This sampling waiver 
    is not intended to apply to remote facilities that are active and 
    staffed, or typical difficult logistical conditions. When a discharger 
    is unable to collect samples as specified in this permit, the 
    discharger shall certify to the Director in the DMR that the facility 
    is unstaffed and inactive and the ability to conduct samples within the 
    specifications is not possible. Permittees are not required to obtain 
    advance approval for this waiver.
        c. Unstaffed and Inactive Sites--Visual Waiver. The permit allows 
    for a waiver from sampling for facilities that are both inactive and 
    unstaffed. This waiver is only intended to apply to these types of 
    facilities when the ability to conduct visual examinations would be 
    severely hindered and result in the inability to meet the time and 
    representative rainfall sampling specifications. This sampling waiver 
    is not intended to apply to remote facilities that are active and 
    staffed, or typical difficult logistical conditions. When a discharger 
    is unable to perform visual examinations as specified in this permit, 
    the discharger shall maintain on site with the pollution prevention 
    plan a certification stating that the facility is unstaffed and 
    inactive and the ability to perform visual examinations within the 
    specifications is not possible. Permittees are not required to obtain 
    advance approval for visual examination waivers.
    8. Quarterly Visual Examination of Storm Water Quality
        In order to provide a tool for evaluating the effectiveness of the 
    pollution prevention plan, the permit requires the majority of 
    industries covered under today's permit to perform quarterly visual 
    examinations of storm water discharges. EPA believes these visual 
    examinations will assist with the evaluation of the pollution 
    prevention plan. This section provides a general description of the 
    monitoring and reporting requirements under today's permit. The visual 
    examination provides a simple, low cost means of assessing the quality 
    of storm water discharge with immediate feedback. Most facilities 
    covered under today's permit are required to conduct a quarterly visual 
    examination of storm water discharges associated with industrial 
    activity from each outfall, except discharges exempted under the 
    representative discharge provision. The visual examination of storm 
    water outfalls should include any observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, or 
    other obvious indicators of storm water pollution. No analytical tests 
    are required to be performed on these samples.
        The examination of the sample must be made in well lit areas. The 
    visual examination is not required if there is insufficient rainfall or 
    snow-melt to runoff or if hazardous conditions prevent sampling. 
    Whenever practicable the same individual should carry out the 
    collection and examination of discharges throughout the life of the 
    permit to ensure the greatest degree of consistency possible in 
    recording observations. Grab samples for the examination shall be 
    collected within the first 30 minutes (or as soon thereafter as 
    practical, but not to exceed 1 hour) of when the runoff begins 
    discharging. Reports of the visual examination include: the examination 
    date and time, examination personnel, visual quality of the storm water 
    discharge, and probable sources of any observed storm water 
    contamination. The visual examination reports must be maintained on 
    site with the pollution prevention plan.
        When conducting a storm water visual examination, the pollution 
    prevention team, or team member, should attempt to relate the results 
    of the examination to potential sources of storm water contamination on 
    the site. For example, if the visual examination reveals an oil sheen, 
    the facility personnel (preferably members of the pollution prevention 
    team) should conduct an inspection of the area of the site draining to 
    the examined discharge to look for obvious sources of spilled oil, 
    leaks, etc. If a source can be located, then this information allows 
    the facility 
    
    [[Page 50830]]
    operator to immediately conduct a clean-up of the pollutant source, 
    and/or to design a change to the pollution prevention plan to eliminate 
    or minimize the contaminant source from occurring in the future.
        To be most effective, the personnel conducting the visual 
    examination should be fully knowledgeable about the storm water 
    pollution prevention plan, the sources of contaminants on the site, the 
    industrial activities conducted exposed to storm water and the day to 
    day operations that may cause unexpected pollutant releases.
        Other examples include; if the visual examination results in an 
    observation of floating solids, the personnel should carefully examine 
    the solids to see if they are raw materials, waste materials or other 
    known products stored or used at the site. If an unusual color or odor 
    is sensed, the personnel should attempt to compare the color or odor to 
    the colors or odors of known chemicals and other materials used at the 
    facility. If the examination reveals a large amount of settled solids, 
    the personnel may check for unpaved, unstabilized areas or areas of 
    erosion. If the examination results in a cloudy sample that is very 
    slow to settle-out, the personnel should evaluate the site draining to 
    the discharge point for fine particulate material, such as dust, ash, 
    or other pulverized, ground, or powdered chemicals.
        If the visual examination results in a clean and clear sample of 
    the storm water discharge, this may indicate that no visible pollutants 
    are present. This would be a indication of a high quality result, 
    however, the visual examination will not provide information about 
    dissolved contamination. If the facility is in a sector or subsector 
    required to conduct analytical (chemical) monitoring, the results of 
    the chemical monitoring, if conducted on the same sample, would help to 
    identify the presence of any dissolved pollutants and the ultimate 
    effectiveness of the pollution prevention plan. If the facility is not 
    required to conduct analytical monitoring, it may do so if it chooses 
    to confirm the cleanliness of the sample.
        While conducting the visual examinations, personnel should 
    constantly be attempting to relate any contamination that is observed 
    in the samples to the sources of pollutants on site. When contamination 
    is observed, the personnel should be evaluating whether or not 
    additional BMPs should be implemented in the pollution prevention plan 
    to address the observed contaminant, and if BMPs have already been 
    implemented, evaluating whether or not these are working correctly or 
    need maintenance. Permittees may also conduct more frequent visual 
    examinations than the minimum quarterly requirement, if they so choose. 
    By doing so, they may improve their ability to ascertain the 
    effectiveness of their plan. Using this guidance, and employing a 
    strong knowledge of the facility operations, EPA believes that 
    permittees should be able to maximize the effectiveness of their storm 
    water pollution prevention efforts through conducting visual 
    examinations which give direct, frequent feedback to the facility 
    operator or pollution prevention team on the quality of the storm water 
    discharge.
        EPA believes that this quick and simple assessment will help the 
    permittee to determine the effectiveness of his/her plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the chemical properties of the storm water discharged from the 
    site, the examination will provide meaningful results upon which the 
    facility may act quickly. EPA recommends that the visual examination be 
    conducted at different times than the chemical monitoring, but is not 
    requiring this. In addition, more frequent visual examinations can be 
    conducted if the permittee so chooses. In this way, better assessments 
    of the effectiveness of the pollution prevention plan can be achieved. 
    The frequency of this visual examination will also allow for timely 
    adjustments to be made to the plan. If BMPs are performing 
    ineffectively, corrective action must be implemented. A set of tracking 
    or follow-up procedures must be used to ensure that appropriate actions 
    are taken in response to the examinations. The visual examination is 
    intended to be performed by members of the pollution prevention team. 
    This hands-on examination will enhance the staff's understanding of the 
    site's storm water problems and the effects of the management practices 
    that are included in the plan.
    9. SARA Title III, Section 313 Facilities
        Today's permit does not contain special monitoring requirements for 
    facilities subject to the Toxic Release Inventory (TRI) reporting 
    requirements under Section 313 of the EPCRA. EPA has reviewed data 
    submitted by facilities in the group application and determined that 
    storm water monitoring requirements are more appropriately based upon 
    the industrial activity or significant material exposed than upon a 
    facility's status as a TRI reporter under Section 313 of EPCRA. This 
    determination is based upon a comparison of the data submitted by TRI 
    facilities included in the group application process to data from group 
    application sampling facilities that were not found on the TRI list. 
    Table 6 summarizes the data comparison. The data indicate that there 
    are no consistent differences in the level of water priority chemicals 
    present in samples from TRI facilities when compared to the samples 
    from facilities not subject to TRI reporting requirements.
        EPA has included a revised Appendix A that lists 44 additional 
    water priority chemicals that meet the definition of a section 313 
    water priority chemical or chemical categories requirements as defined 
    by EPA in the permit under Part X, Definitions.
    
                                                 Table 6.--Comparison of Pollutant Concentration in Grab Samples                                            
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                  Non-TRI      TRI facility 
                                                                  Non-TRI      TRI facility       Non-TRI      TRI facility    facility 95th       95th     
                            Pollutant                            facility     median concen-   facility mean   mean concen-     percentile      percentile  
                                                              median concen-  tration (mg/L)  concen-tration  tration (mg/L)  concen-tration  concen-tration
                                                              tration (mg/L)                      (mg/L)                          (mg/L)          (mg/L)    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    Acrylonitrile...........................................           0.100           0.000           0.085           0.000           0.100           0.000
    Aluminum................................................           0.922           0.819          12.061          28.893          58.000          12.000
    Ammonia.................................................           0.640           0.000          10.507          23.231           9.500          17.200
    Antimony................................................           0.000           0.000           0.603           0.014           2.096           0.078
    Arsenic.................................................           0.000           0.000           0.231           0.008           0.170           0.033
    Benzene.................................................           0.000           0.000           0.001           0.000           0.001           0.000
    Beryllium...............................................           0.001           0.000           0.002           0.080           0.007           0.400
    Butylbenzyl phthalate...................................           0.000           0.000           0.007           0.000           0.018           0.000
    Cadmium.................................................           0.000           0.000           0.014           0.030           0.050           0.028
    Chlorine................................................           0.000           0.000           1.590           0.052          11.000          0.300 
    
    [[Page 50831]]
                                                                                                                                                            
    Chloroform..............................................           0.000           0.000           0.083           0.001           0.022           0.006
    Chromium................................................           0.006           0.000           1.236           0.109           0.250           0.270
    Copper..................................................           0.047           0.028           1.430           0.344           2.200           1.300
    Cyanide.................................................           0.000           0.000           0.021           0.007           0.008           0.020
    Di-n-butyl phthalate....................................           0.000           0.000           0.005           0.168           0.014           1.595
    Dimethyl phthalate......................................           0.000           0.000           0.005           0.000           0.016           0.000
    Ethylbenzene............................................           0.000           0.000           0.000           0.000           0.001           0.005
    Hexavalent chromium.....................................           0.000           0.000           0.001           0.003           0.002           0.011
    Lead....................................................           0.020           0.006           0.556           0.480           1.900           1.100
    Manganese...............................................           0.150           0.090           2.015           0.273           9.550           1.244
    Mercury.................................................           0.000           0.000           0.530           0.006           0.001           0.005
    Naphthalene.............................................           0.000           0.000           2.998           0.001          24.000           0.013
    Nickel..................................................           0.020           0.000           0.087           0.311           0.390           0.458
    Phenols.................................................           0.000           0.000           0.063           0.019           0.100           0.075
    Selenium................................................           0.000           0.000           0.262           0.000           0.020           0.001
    Silver..................................................           0.000           0.000           0.034           0.001           0.006           0.010
    Toluene.................................................           0.000           0.000           0.052           0.011           0.037           0.009
    Trichloroethylene.......................................           0.000           0.000           0.004           0.040           0.001           0.030
    1,1,1-Trichloroethane...................................           0.000           0.000           0.004           0.460           0.015           6.000
    Xylene..................................................           0.000           0.000           0.000           0.004           0.003           0.037
    Zinc....................................................           0.320           0.250           3.761           1.720           8.800           5.140
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
    
    F. Numeric Effluent Limitations
    
    1. Industry-specific Limitations
        Part XI. of today's permit contains numeric effluent limitations 
    for phosphate fertilizer manufacturing facilities, asphalt emulsion 
    manufacturers, cement manufacturers, coal pile runoff from steam 
    electric power generating facilities, and sand, gravel, and crushed 
    stone quarries. These limitations are required under EPA's storm water 
    effluent limitation guidelines in the Code of Federal Regulations at 40 
    CFR Part 418, Part 443, Part 411, Part 423, and Part 436. Parts 
    VIII.C.6., VIII.D.5., VIII.E.6., and VIII.J.5. of this fact sheet 
    discuss these limitations.
    2. Coal Pile Runoff
        Today's permit establishes effluent limitations of 50 mg/L total 
    suspended solids and a pH range of 6.0-9.0 for coal pile runoff. Any 
    untreated overflow from facilities designed, constructed, and operated 
    to treat the volume of coal pile runoff associated with a 10-year, 24-
    hour rainfall event is not subject to the 50 mg/L limitation for total 
    suspended solids. Steam electric generating facilities must comply with 
    these limitations upon submittal of the NOI. EPA has adopted these 
    technology-based pH limitations in today's general permit in accordance 
    with setting limits on a case-by-case basis as allowed under 40 CFR 
    125.3 and Section 402 of the Clean Water Act. These case-by-case limits 
    are derived by transferring the known achievable technology from an 
    effluent guideline to a similar type of discharge. When developing 
    these technology-based limitations, variables such as rainfall pH, 
    sizes of coal piles, pollutant characteristics, and runoff volume were 
    considered. Therefore, these variables need not be considered again. As 
    discussed above, these pH limitations are technology-based and are not 
    based on water quality. All other types of facilities must comply with 
    this requirement as expeditiously as practicable, but in no event later 
    than 3 years from the date of permit issuance.
        The pollutants in coal pile runoff can be classified into specific 
    types according to chemical characteristics. Each type relates to the 
    pH of the coal pile drainage. The pH tends to be of an acidic nature, 
    primarily as a result of the oxidation of iron sulfide in the presence 
    of oxygen and water. The potential influence of pH on the ability of 
    toxic and heavy metals to leach from coal piles is of particular 
    concern. Many of the metals are amphoteric with regard to their 
    solubility behavior. These factors affect acidity, pH, and the 
    subsequent leaching of trace metals: concentration and form of pyritic 
    sulfur in coal; size of the coal pile; method of coal preparation and 
    clearing prior to storage; climatic conditions, including rainfall and 
    temperature; concentrations of calcium carbonate and other neutralizing 
    substances in the coal; concentration and form of trace metals in the 
    coal; and the residence time of water in the coal pile.
        Coal piles can generate runoff with low pH values, with the acid 
    values being quite variable. The suspended solids levels can be 
    significant, with levels of 2,500 mg/L not uncommon. Metals present in 
    the greatest concentrations are copper, iron, aluminum, nickel, and 
    zinc. Others present in trace amounts include chromium, cadmium, 
    mercury, arsenic, selenium, and beryllium 14.
    
        \14\ A more complete description of pollutants in coal pile 
    runoff is provided in the ``Final Development Document for Effluent 
    Limitations Guidelines and Standards and Pretreatment Standards for 
    the Steam Electric Point Source Category,'' (EPA-440/1-82/029), EPA, 
    November 1982.
    ---------------------------------------------------------------------------
    
    G. Regional Offices
    
    1. Notice of Intent Address
        Notices of Intent to be authorized to discharge under this permit 
    should be sent to: NOI/NOT Processing Center (4203), 401 M Street, 
    S.W., Washington, DC 20460.
    2. Address for Other Submittals
        Other submittals of information required under this permit or 
    individual permit applications should be sent to the appropriate EPA 
    Regional Office:
    
    a. ME, MA, NH, Federal Indian Reservations in CT, MA, NH, ME, RI, and 
    Federal Facilities in VT
        EPA, Region I, Water Management Division, (WCP), Storm Water Staff, 
    JFK Federal Building, Boston, MA 02203
    b. PR and Federal Facilities in PR
    
    [[Page 50832]]
    
        EPA, Region II, Water Management Division, (2WM-WPC), Storm Water 
    Staff, 290 Broadway, New York, NY 10007-1866
    c. DC and Federal Facilities in DC and DE
        EPA, Region III, Water Management Division, (3WM55), Storm Water 
    Staff, 841 Chestnut Building, Philadelphia, PA 19107
    d. FL
        EPA, Region IV, Water Management Division, Permits Section (WPEB-
    7), 345 Courtland Street, NE, Atlanta, GA 30365
    e. LA, NM, OK, and TX and Federal Indian Reservations in LA, NM (Except 
    Navajo and Ute Mountain Reservation Lands), OK, and TX
        EPA, Region VI, Water Management Division, (6W-EA), EPA SW MSGP, 
    P.O. Box 50625, Dallas, TX 75202
    f. AZ, Johnston Atoll, Midway Island, Wake Island, all Federal Indian 
    Reservations in AZ, CA, and NV; those portions of the Duck Valley, Fort 
    McDermitt, and Goshute Reservations that are outside NV; those portions 
    of the Navajo Reservation that are outside AZ; and Federal facilities 
    in AZ, Johnston Atoll, Midway Island, and Wake Island.
        EPA, Region IX, Water Management Division, (W-5-3), Storm Water 
    Staff, 75 Hawthorne Street, San Francisco, CA 94105
    g. ID, OR, and WA; Federal Indian Reservations in AK, ID (except the 
    Duck Valley Reservation), OR (except the Fort McDermitt Reservation), 
    and WA; and Federal facilities in ID, and WA
        EPA, Region X, Water Division, (WD-134), Storm Water Staff, 1200 
    Sixth Avenue, Seattle, WA 98101
    
    H. Compliance Deadlines
    
        For most permittees, today's permit imposes a deadline of 270 days 
    following date of publication of this permit for development of 
    pollution prevention plans and for compliance with the terms of the 
    plan.
        Today's general permit provides additional time if constructing 
    structural best management practices is called for in the plan. The 
    portions of a plan addressing these BMP construction requirements must 
    provide for compliance with the plan as soon as practicable, but in no 
    case later than 3 years from the effective date of the permit. However, 
    storm water pollution prevention plans for facilities subject to these 
    additional requirements must be prepared within 270 days of the date of 
    publication of this permit and provide for compliance with the baseline 
    terms and conditions of the permit (other than the numeric effluent 
    limitation) as expeditiously as practicable, but in no case later than 
    270 days after the publication date of this permit.
        Facilities are not required to submit the pollution prevention 
    plans for review unless they are requested by EPA or by the operator of 
    a large or medium municipal separate storm sewer system. When a plan is 
    reviewed by EPA, the Director can require the permittee to amend the 
    plan if it does not meet the minimum permit requirements.
    
    VII. Cost Estimates for Common Permit Requirements
    
        The conditions of today's general permit reflects the baseline 
    permit requirements established in EPA's NPDES permits for Storm Water 
    Discharges Associated With Industrial Activity (57 FR 41175 and 57 FR 
    44412). The requirements found under today's permit are more specific 
    to the conditions found in the industries. EPA does not consider these 
    requirements to be more costly than the pollution prevention plan 
    requirements established in the baseline general permit. The following 
    section contains the estimates of the cost of compliance with the 
    baseline permit requirements.
    
     A. Pollution Prevention Plan Implementation
    
        Storm water pollution prevention plans for the majority of 
    facilities will include relatively low cost baseline controls. EPA's 
    analysis of storm water pollution prevention plans indicates that the 
    cost of developing and implementing these plans is variable and will 
    depend on a number of the following factors: the size of the facility, 
    the type and amount of significant materials stored or used at a 
    facility, the nature of the plant operations, the plant designs (e.g., 
    the processes used and layout of a plan), and the extent to which 
    housekeeping measures are already employed. Table 7 provides estimates 
    of the range of costs for preparing and implementing the common 
    requirements for a storm water pollution prevention plan. It is 
    expected that the low cost estimates provided in Table 7 are 
    appropriate for the majority of smaller facilities. The high cost 
    estimates in Table 7 are more applicable to larger, more complex 
    facilities with more potential sources of pollutants. Please note that 
    the costs in this table exclude special requirements, such as EPCRA 313 
    requirements. EPA estimated the cost of preparing a storm water 
    pollution prevention plan for a hypothetical small business in the 
    automobile salvage yard industry. Based on experience and best 
    professional judgment, EPA estimates that a typical small automobile 
    salvage yard would face a one-time cost of about $874. This cost is 
    lower than the low end of the cost estimate provided in Table 7 because 
    it is based on a particular (though hypothetical) small business. Table 
    7 estimates are based on what EPA expects are appropriate for the 
    majority of small facilities. Some facilities are likely to face lower 
    costs, such as the hypothetical small automobile junk yard, and other 
    facilities are likely to face higher costs.
        The cost of compliance, monitoring and preparing the PPP for the 
    multi-sector permit are not high when compared to the site-specific 
    requirements to comply with an individual permit. The Clean Water Act 
    does not give EPA the authority to exempt permitted facilities from 
    requirements designed to improve the quality of the nation's waters. 
    The economic ability of small businesses to comply with this permit can 
    be a factor to consider if water quality concerns are not applicable to 
    the surface water body receiving the storm water discharge.
        The operators of regulated storm water discharges have to consider 
    the economic effects of coverage under the multi-sector permit, the 
    baseline general permit, or an individual NPDES permit. Coverage under 
    either of the two general permits is not required by EPA. The NPDES 
    regulations give EPA the authority to require coverage under an 
    individual NPDES permit, not general permits. A facility's decision to 
    be covered under a general permit is voluntary. Individual permits can 
    require numerical limits and more frequent monitoring and reporting, 
    along with the development and implementation of SWPPPs. The burden of 
    developing an SWPPP is controlled by the facility's ability to achieve 
    the permits goal: reduce or eliminate the discharge of pollutants to 
    the nation's waters.
    
                                                                                                                                                            
    
    [[Page 50833]]
    Table 7.--Summary of Estimated Ranges of Costs for Compliance With Storm
           Water Pollution Prevention Plans With Baseline Requirements      
    ------------------------------------------------------------------------
                                  Low costs                High costs       
                         ---------------------------------------------------
                           First year     Annual     First year     Annual  
                             costs        costs        costs        costs   
    ------------------------------------------------------------------------
    Submittal of NOI....          $14  ...........          $14  ...........
    Notification of                                                         
     Municipality.......           14  ...........           14  ...........
    Plan Preparation....        1,518  ...........       76,153  ...........
    Plan Implementation.           90          294       35,400        9,371
    Comprehensive Site                                                      
     Compliance                                                             
     Evaluation/Plan                                                        
     Revision...........  ...........          267  ...........        8,875
    Reportable                                                              
     Quantities.........       (1) No                                       
                                Costs  ...........        8,501  ...........
                         ---------------------------------------------------
          Total.........        1,636          561      120,082      18,246 
    ------------------------------------------------------------------------
    This table identifies estimated low and high costs (in 1992 dollars) to 
      develop and implement storm water pollution prevention plans.         
    Low costs of implementing program components are zero where existing    
      programs or procedures is assumed adequate.                           
    The estimated costs for plan preparation and plan revisions includes    
      costs of preparing/revising plan to address baseline requirements.    
      However, the costs of implementing special requirements, such as those
      for EPCRA Section 313 facilities coal piles and salt piles are not    
      otherwise addressed in this table.                                    
    
    
    
    B. Cost Estimates for EPCRA Section 313
    
        Table 8 provides estimates of the range of costs of preparing and 
    implementing a storm water pollution prevention plan for facilities 
    subject to the special requirements for facilities subject to EPCRA 
    Section 313 reporting requirements for chemicals classified as 
    ``Section 313 water priority chemicals.'' EPA expects the majority of 
    facilities to have existing containment systems that meet the majority 
    of the requirements of this permit. High cost estimates correspond to 
    facilities that are expected to be required to undertake some actions 
    to upgrade existing containment systems to meet the requirements of 
    this permit.
    
       Table 8.--Summary of Estimated Additional Costs for Compliance With  
    Storm Water Pollution Prevention Plans for Facilities Subject to Section
                    313 of EPCRA for Water Priority Chemicals               
    ------------------------------------------------------------------------
                                  Low costs                High costs       
                         ---------------------------------------------------
                             Costs                     Costs                
                             during       Annual       during       Annual  
                            first 3       costs       first 3       costs   
                             years                     years                
    ------------------------------------------------------------------------
    Plan Preparation....         $630  ...........            0  ...........
    Liquid Storage Areas  ...........  ...........      $11,200  ...........
    Material Storage                                                        
     Areas..............  ...........  ...........          560  ...........
    Loading Areas.......  ...........  ...........       21,000  ...........
    Process Areas.......  ...........  ...........       11,190  ...........
    Drainage/Runoff.....  ...........  ...........        7,750  ...........
    Housekeeping/                                                           
     Maintenance........  ...........  ...........  ...........       $5,957
    Facility Security...  ...........  ...........        3,240  ...........
    Employee Training...  ...........  ...........  ...........        1,403
    Toxicity Reduction..  ...........  ...........  ...........        3,046
                         ---------------------------------------------------
          Totals........          630           $0       54,940      10,406 
    ------------------------------------------------------------------------
    This table identifies estimated additional low and high costs to develop
      and implement storm water pollution prevention plans for EPCRA Section
      313 facilities subject to special conditions.                         
    Low costs of implementing program components are zero where existing    
      programs, procedures or security is assumed adequate.                 
    The high costs for preparing pollution prevention plans to include EPCRA
      Section 313 additional requirement were addressed as part of the      
      estimated high costs for preparation of baseline pollution prevention 
      plans (see Table 7).                                                  
    
     C. Cost Estimates for Coal Piles
    
        The effluent limitations for coal pile runoff in the permit can be 
    achieved by these two primary methods: limiting exposure to coal by use 
    of covers or tarpaulins and collecting and treating the runoff. In some 
    cases, coal pile runoff may be in compliance with the effluent 
    limitations without covering of the pile or collection or treatment of 
    the runoff. In these cases, the operator of the discharge would not 
    have a control cost.
        The use of covers or tarpaulins to prevent or minimize exposure of 
    the coal pile to storm water is generally expected to be practical only 
    for relatively small piles. Coal pile covers or tarpaulins are 
    anticipated to have a fixed cost of $400 and annual cost of $160.
        Table 9 provides estimates of the costs of treating coal pile 
    runoff.15 These costs are based on a consideration of a treatment 
    train requiring equalization, pH adjustment, and settling, including 
    the costs for impoundment (for equalization), a lime feed system and 
    mixing tanks for pH adjustment, and a clarifier for settling. The costs 
    for the 
    
    [[Page 50834]]
    impoundment area include diking and containment around each coal pile 
    and associated sumps and pumps and piping from runoff areas to the 
    impoundment area. The costs for land are not included. The lime feed 
    system employed for pH adjustment includes a storage silo, shaker, 
    feeder, and lime slurry storage tank, instrumentation, electrical 
    connections, piping, and controls.
    
        \15\ The type and degree of treatment required to meet the 
    effluent limitations of this permit vary depending on factors such 
    as the amount of sulfur in the coal. This section describes a model 
    treatment scheme for estimating costs for compliance with the 
    effluent limitations. Dischargers may implement other less expensive 
    treatment approaches to enable them to discharge in accordance with 
    these limits where appropriate.
    ---------------------------------------------------------------------------
    
        Additional costs may be incurred if a polymer system is needed. In 
    this case, costs would include impoundment for equalization, a lime 
    feed system, mixing tank, and polymer feed system for chemical 
    precipitation, a clarifier for settling, and an acid feeder and mixing 
    tank to readjust the pH within the range of 6 to 9. The equipment and 
    system design, with the exception of the polymer feeder, acid feeder, 
    and final mixing tank, are essentially the same as shown in Table 9. 
    Two tanks are required for a treatment train with a polymer system, one 
    for precipitation and another for final pH adjustment with acid. The 
    cost of mixing is therefore twice that shown in Table 9. The polymer 
    feed system includes storage hoppers, chemical feeder, solution tanks, 
    solution pumps, interconnecting piping, electrical connections, and 
    instrumentation. The costs of clarification are identical to that of 
    Table 9. A treatment train with a polymer system requires the use of an 
    acid addition system to readjust the pH within the range of 6 to 9. The 
    components of this system include a lined acid storage tank, two feed 
    pumps, an acid pH control loop, and associated piping, electrical 
    connections, and instrumentation.
        Additional information regarding the cost of these technologies can 
    be found in ``Development Document for Effluent Limitations Guidelines 
    and Standards and Pretreatment Standards for the Steam Electric Point 
    Source Category,'' (EPA-440/182/029), November 1982, EPA.
    
     Table 9.--Summary of Estimated Costs for Treatment of Coal Pile Runoff 
    ------------------------------------------------------------------------
                                   30,000 cubic meter    120,000 cubic meter
                                        coal pile             coal pile     
    ------------------------------------------------------------------------
    IMPOUNDMENT:                                                            
        Installed Capital Cost..  6,850                 6,850               
    Operation and Maintenance ($/ Negligible            Negligible          
     year).                                                                 
    LIME FEED SYSTEM:                                                       
        Installed Capital Cost    138,800               255,700             
         ($).                                                               
        Operation and             5,780                 10,655              
         Maintenance ($/year).                                              
        Energy Requirements (kwh/ 3.6 x 10**4           3.6 x 10**4         
         yr).                                                               
        Land Requirements         5,000                 5,000               
         (ft**2).                                                           
    MIXING EQUIPMENT:                                                       
        Installed Capital Cost    65,750                91,320              
         ($).                                                               
        Operation and             2,280                 2,430               
         Maintenance ($/year).                                              
        Energy Requirements (kwh/ 1.3 x 10**3           3.3 x 10**3         
         yr).                                                               
    Land Requirements (ft**2)...  2,000                 2,000               
    CLARIFICATION:                                                          
        Installed Capital Cost    182,650               237,450             
         ($).                                                               
        Operation and             3,200                 3,650               
         Maintenance ($/year).                                              
        Energy Requirements (kwh/ 1.3 x 10**3           3.3 x 10**3         
         yr).                                                               
        Land Requirements         0.1                   0.1                 
         (acres).                                                           
    ------------------------------------------------------------------------
    Source: ``Development Document for Effluent Limitations Guidelines and  
      Standards and Pretreatment Standards for the Steam Electric Point     
      Source Category'' (EPA-440/182/029), November 1982, EPA). Costs       
      estimates are in 1992 dollars.                                        
    
    D. Cost Estimates for Salt Piles
    
        Salt pile covers or tarpaulins are anticipated to have a fixed cost 
    of $400 and an annual cost of $160 for medium-sized piles and a fixed 
    cost of $4,000 and an annual cost of $2,000 for very large piles. 
    Structures such as salt domes are generally expected to have a fixed 
    cost of between $30,000 for small piles ($70 to $80 per cubic yard) and 
    $100,000 for larger piles ($18 per cubic yard) with costs depending on 
    size and other construction parameters.
    
     VIII. Special Requirements for Discharges Associated With Specific 
    Industrial Activities
    
        The industry-specific requirements allow the implementation of 
    site-specific measures that address features, activities, or priorities 
    for control associated with the identified storm water discharges. This 
    framework provides the necessary flexibility to address the variable 
    risk for pollutants in storm water discharges associated with the 
    different types of industrial activity addressed by this permit. This 
    approach also assures that facilities have the opportunity to identify 
    procedures to prevent storm water pollution at a particular site that 
    are appropriate, given processes employed, engineering aspects, 
    functions, costs of controls, location, and age of the facility (as 
    contemplated by 40 CFR 125.3). The approach taken also allows the 
    flexibility to establish controls that can appropriately address 
    different sources of pollutants at different facilities.
    
    A. Storm Water Discharges Associated With Industrial Activity From 
    Timber Products Facilities
    
    1. Discharges Covered Under This Sector
        Eligibility for coverage under this section is limited to those 
    facilities in the lumber and wood products industry (primary SIC Major 
    Group is 24), except wood kitchen cabinets manufacturers (SIC Code 
    2434). Permit conditions for facilities in the wood kitchen cabinets 
    manufacturers industry (SIC Code 2434) are discussed in the wood and 
    metal furniture and fixture manufacturing sector (Part XI.W of today's 
    permit). SIC Major group 24 represents those ``establishments engaged 
    in cutting timber and pulpwood, merchant sawmills, lath mills, shingle 
    mills, cooperage stock mills, planing mills, and plywood and veneer 
    mills engaged in producing lumber and wood basic materials; and 
    establishments engaged in wood preserving or in manufacturing finished 
    articles made entirely of wood or related materials.'' 16
    
        \16\ ``Handbook of Standard Industrial Classifications,'' Office 
    of Management and Budget, 1987. 
    
    [[Page 50835]]
    
    ---------------------------------------------------------------------------
    
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        Wood kitchen cabinet facilities (SIC Code 2434) are excluded from 
    coverage under this section because EPA believes it is more appropriate 
    to cover manufacturers of wood cabinets with furniture manufacturing 
    facilities (SIC Major group 25). As indicated in the November 16, 1990, 
    Federal Register (55 FR 48008), ``Facilities under SIC Code 2434 and 25 
    are establishments engaged in furniture making.'' EPA believes that 
    this grouping is more appropriate due to the typical use by cabinet 
    makers of wood treating solutions such as mineral spirits and propenyl 
    butyl.17 This practice is common to wood furniture manufacturing, 
    but is atypical of the other industrial operations performed at 
    facilities in the lumber and wood products industry (SIC Major group 
    24).
    
        \17\ Part 1 Storm Water Group Permit Applications. Summaries 
    from individual applicant descriptions including Applicant No. 1156 
    (Westvaco), Applicant No. 92 (Bowater), and Applicant No. 866 
    (Louisiana-Pacific).
    ---------------------------------------------------------------------------
    
        Certain silvicultural activities are not required to be covered 
    under National Pollutant Discharge Elimination System (NPDES) storm 
    water permits (40 CFR 122.27). In accordance with 40 CFR 122.27(b), 
    point sources that must be covered by an NPDES permit are ``any 
    discernible, confined and discrete conveyance related to rock crushing, 
    gravel washing, log sorting, or log storage facilities, which are 
    operated in connection with silvicultural activities and from which 
    pollutants are discharged into waters of the United States.'' 
    Discharges from nonpoint source silvicultural activities, including 
    harvesting operations (see 40 CFR 122.27) are not required to be 
    covered.
        It is EPA's determination harvesting activities include: the 
    felling, skidding, preparation (e.g., delimbing and trimming), loading 
    and initial transport of forest products from an active harvest site. 
    An active harvest site is considered to be an area where harvesting 
    operations are actually on-going. EPA also interprets the definition of 
    harvesting operations to include incidental stacking and temporary 
    storage of harvested timber on the harvest site prior to its initial 
    transport to either an intermediate storage area or other processing 
    site. EPA considers this activity to be an inherent part of harvesting 
    operations. However, EPA does not intend the definition of active 
    harvesting operations to include sites that are processing, sorting, or 
    storing harvested timber which has been transported there from one or 
    more active harvesting sites. Consequently, EPA considers these site 
    activities a point source under 40 CFR 122.27(b)(1) and operators of 
    these sites must seek an NPDES permit for discharges of storm water.
        Effluent guidelines have been promulgated for the Timber Products 
    Processing Point Source Category at 40 CFR Part 429 (46 FR 8260; 
    January 26, 1981). Under these regulations, effluent limitations and 
    standards were set for process wastewaters from any timber products 
    processing operation, and any plant producing insulation board with 
    wood as the major raw material. The definition of process wastewater 
    excluded ``noncontact cooling water, material storage yard runoff 
    (either raw material or processed wood storage) and boiler blowdown. 
    For the dry process hardboard, veneer, finishing, particleboard, and 
    sawmills and planing mills subcategories, fire control water is 
    excluded from the definition.'' Any discharge subject to an effluent 
    limitation guideline is not eligible for coverage under this section. 
    Even though discharges of boiler blowdown and noncontact cooling water 
    are not considered ``process water discharges,'' they do not fall under 
    the definition of storm water discharges. As such, this section does 
    not provide for their coverage. In addition, contact cooling waters and 
    water treatment wastewater discharges from steam operated sawmills will 
    not be covered. Finally, material storage yard runoff, exempted from 
    coverage under the effluent limitation guidelines, is eligible to be 
    covered in accordance with the terms and conditions of this section.
        In addition, it should be noted that certain wood preserving wastes 
    have been listed under 40 CFR 261.31 as hazardous wastes from 
    nonspecific sources (55 FR 50450; December 6, 1990). Storm water 
    discharges that come in contact and/or commingle with these wastes will 
    be considered a hazardous waste and will not be authorized for 
    discharge under this section. Despite the listing of these wastes, 
    however, there remains a potential for storm water to become 
    contaminated through incidental activities such as tracking of 
    materials, fugitive emissions, and miscellaneous other activities. 
    These discharges are covered under today's permit. Wastewaters, process 
    residuals, preservative or protectant drippage, and spent formulations 
    from wood preserving processes that use chlorophenolic formulations, 
    creosote formulations, or arsenic and chromium formulations have been 
    listed as hazardous wastes. Wastes from wood surface protection were 
    proposed for listing under this subpart (53 FR 53282; December 30, 
    1988, and 58 FR 25706; April 27, 1993) but listing the wastes was 
    determined unnecessary in a subsequent rulemaking (59 FR 458; January 
    4, 1994). Storm water discharges containing these wastes are therefore 
    covered under today's permit.
    2. Industry Profile/Description of Industrial Activities
        Facilities engaged in activities classified under SIC Major Group 
    24 use wood as their primary raw material. Although there is diversity 
    among the types of final products that are produced at timber products 
    facilities, there are common industrial activities performed among 
    them. These activities are broadly classified for ease of discussion 
    and include the following: log storage and handling; untreated wood 
    lumber and residue generation activities, and untreated wood materials 
    storage; wood surface protection activities, and chemicals and surface 
    protected materials storage; wood preservation activities, and 
    chemicals and preserved wood material storage; wood assembly/
    fabrication activities and final fabricated wood product storage; and 
    equipment/vehicle maintenance, repair and storage.
        In many cases, more than one of these activities may be conducted 
    at a single facility location.
        a. Log Storage and Handling. Log storage and handling activities 
    may occur onsite at many types of facilities covered under this section 
    of today's permit, such as wood collection yards and lumber processing 
    and veneer manufacturing facilities. However, facilities that are 
    primarily engaged in these activities (e.g., wood collection yards) are 
    most appropriately classified under SIC Code 2411.
        Typical industrial activities performed include loading and 
    unloading of logs onto trucks or railroad cars for transport to other 
    facilities, log 
    
    [[Page 50836]]
    sorting, and storage of logs. In addition, some cutting may be 
    performed such as chopping off tree branches and sectioning of tree 
    trunks for easier handling during transport. Although not typically 
    performed at wood collection facilities, chipping may be performed at 
    facilities serving pulp industries. Residues generated at these sites 
    may include bark, coarse sawdust, and wood chunks.
        Significant materials that have the potential to come in contact 
    with storm water discharges at facilities practicing these activities 
    include: uncut logs (hardwood and softwoods), wood bark, wood chips, 
    coarse saw dust, other waste wood material, petroleum and other 
    products for equipment maintenance (fuels, motor oils, hydraulic oils, 
    lubricant fluids, brake fluids, and antifreeze), herbicides, 
    pesticides, and fertilizers, material handling equipment (forklifts, 
    loaders, vehicles, chippers, debarkers, cranes, etc.).
        These log storage and handling activities described above have the 
    potential to discharge pollutants including bark and wood debris, total 
    suspended solids (TSS), and leachates.18 The leachate generated 
    from these operations from the decay of wood products can contain high 
    levels of TSS and biochemical oxygen demand (BOD5).19
    
        \18\ ``NPDES Docket No. 1085-07-22-402, NPDES Appeal No. 86-14: 
    In the Matter of Shee Atika, Incorporated,'' January 21, 1988.
        \19\ ``Regulatory Guidance and Waste Reduction Manual for United 
    States Sawmills (Draft),'' EPA Office of Solid Waste, January 12, 
    1993.
    ---------------------------------------------------------------------------
    
        b. Untreated Wood Lumber and Residue Generation Activities and 
    Untreated Wood Materials Storage. The primary product from sawmills and 
    other cutting activities is lumber. However, residues such as debarked 
    wood chips; whole tree chips and slab wood; bark; and sawdust 
    constitutes approximately 25 percent of the total wood 
    production.20 At large saw mills, approximately 2,500 lbs of 
    residue is generated for each 1,000 board feet of lumber 
    derived.21
    
        \20\ ``Using Best Management Practices to Prevent and Control 
    Pollution from Hardwood Residue Storage Sites,'' Pennsylvania 
    Hardwoods Development Council, May 15, 1992.
        \21\ ``Regulatory Guidance and Waste Reduction Manual for United 
    States Sawmills (Draft),'' EPA Office of Solid Waste, January 12, 
    1993.
    ---------------------------------------------------------------------------
    
        Facilities that produce untreated lumber and residues can be 
    classified under most of the SIC Codes in Major group 24. These 
    facilities include saw mill and planing mill facilities classified in 
    group 242; millwork, veneer, plywood and structural wood member 
    manufacturing facilities classified in group 243; wood container 
    manufacturing facilities in group 244; wood building and mobile home 
    manufacturing facilities in group 245; and miscellaneous wood product 
    manufacturers in group 249.
        These facilities may engage in one or more activities such as log 
    washing, bark removal, milling, sawing, resawing edging, trimming, 
    planing, machining, air drying, and kiln drying. In addition, there may 
    be associated boiler operations, loading and unloading activities and 
    storage activates.
        Effluent guidelines have been established at 40 CFR Part 429 
    Subparts A, I, and J for discharges from log washing, debarking and wet 
    storage, respectively. These discharges are considered process waters 
    and are subject to the effluent limitations of each subpart.
        Some facilities generate residue as a product, in lieu of lumber or 
    other finished products, while other facilities may generate residues 
    as a waste product. In most cases, there are markets for these 
    residues. For example, chips and sawdust are used in the production of 
    pulp and paper and wood products manufacturing. A summary of the 
    residues generated and their potential uses include: bark (used in 
    landscaping, compost, recreational applications (trails), energy 
    recovery); wood chips (used in pulp and paper mill feed, landscaping, 
    recreational applications, fire logs, energy recovery); planer shavings 
    (used in particle board, livestock bedding, compost, fire logs, 
    domestic pet litter, energy recovery); and sawdust (used in particle 
    board, livestock bedding, compost, fire logs, domestic pet litter, 
    energy recovery.) 22
    
        \22\ ``Regulatory Guidance and Waste Reduction Manual for United 
    States Sawmills (Draft),'' EPA Office of Solid Waste, January 12, 
    1993.
    ---------------------------------------------------------------------------
    
        Storage activities at these sites include wet and dry storage of 
    logs and storage of residuals. Wet storage, called ``wet decking,'' is 
    a process used when logs are to be stored for an extended period of 
    time. Wet storage retards decaying and infestation by insects. The logs 
    may be stored under water in ponds or may be placed in areas where 
    water is continuously sprayed over them. Residuals are typically stored 
    dry.
        Storm water discharges from lumber and residue generation and 
    storage may come in contact with the following types of wastes and/or 
    materials at the facility which can then contribute pollutants to the 
    storm water: uncut logs (hardwood and softwoods), wood bark, wood 
    chips, wood shavings, sawdust, green lumber, rough and finished lumber, 
    other waste wood material, nonhazardous wood ash, above and below 
    ground fuel storage tanks for diesel, gasoline, propane and fuel oil, 
    finishing chemicals (stain, lacquer, varnish, paints, water repellant, 
    sealants), solvents and cleaners, petroleum and other products for 
    equipment maintenance (fuels, motor oils, hydraulic oils, lubricant 
    fluids, brake fluids, and antifreeze), herbicides, pesticides, and 
    fertilizers, sawmill equipment, material handling equipment (Forklifts, 
    loaders, vehicles, chippers, debarkers, cranes, etc.), boiler water 
    treatment chemicals, scrap metals, scrap equipment and plastics, boiler 
    blowdown water, and leachate from decaying organic matter.
        Pollutants resulting from lumber and residue generation and storage 
    activities are typically conventional in nature. Low pH levels can 
    result from the leachate of decaying organic materials. TSS and 
    BOD5 may be elevated in this leachate.23 In addition to 
    leachate, washed away residue particles contribute to TSS loadings. 
    Equipment and machinery at the facility site may result in the 
    discharge of oil and grease.
    
        \23\ ``Regulatory Guidance and Waste Reduction Manual for United 
    States Sawmills (Draft),'' EPA Office of Solid Waste, January 12, 
    1993.
    ---------------------------------------------------------------------------
    
        c. Wood Surface Protection Activities, Chemicals and Surface 
    Protected Materials Storage. At many hardwood saw mills, wood surface 
    protection is conducted to prevent sap stain. Sap stain is the 
    unsightly discoloration of lumber products caused by fungus.24 
    Surface protection is a cosmetic fix only and differs from wood 
    preservation which is a practice designed to enhance the wood's 
    structural integrity.
    
        \24\ ``Background Document Supporting the Proposed Listing of 
    Wastes from Surface Protection Processes, Part One Final Engineering 
    Analysis Volume 1,'' EPA Office of Solid Wastes, February 1993.
    ---------------------------------------------------------------------------
    
        Surface protection is accomplished by one of three methods: 
    spraying, ranging from manual spraying with a garden hose to more 
    sophisticated on-line high pressure spray boxes; dipping, a batch 
    process where lumber is immersed then removed from the formulation; and 
    green chain operations, a continuous immersion operation where lumber 
    is pulled through the protection tanks by conveyer.25
    
        \25\ ``Regulatory Guidance and Waste Reduction Manual for United 
    States Sawmills (Draft),'' EPA Office of Solid Waste, January 12, 
    1993.
    ---------------------------------------------------------------------------
    
        Historically, the primary chemical used in surface protection has 
    been commercial pentachlorophenate. Concentrated chemicals are diluted 
    to 0.5 to 1 percent pentachlorophenol for surface protection. This 
    concentration is lower than the 2 percent to 9 percent 
    pentachlorophenol used in wood 
    
    [[Page 50837]]
    preserving. Producers of chlorophenolic formulations used in surface 
    protection have recently discontinued the product due to the pending 
    hazardous waste regulations and it is expected that stocks will soon be 
    exhausted. Alternatives to pentachlorophenate solutions which have been 
    developed and are currently used include: iodo-prophenyl butyl 
    carbamate, dimethyl sulfoxide, didecyl dimethyl ammonium chloride 
    mixtures; sodium azide mixtures; iodo-prophenyl butyl carbamate, 
    didecyl dimethyl ammonium chloride mixture; 8-quinolinol, copper (II) 
    chelate mixtures; iodo-prophenyl butyl carbamate mixtures; sodium 
    ortho-phenylphenate mixtures; 2-(thiocyanomethylthio)-benzothiozole 
    (TCMTB) and methylene bis (thiocyanate) mixture; and zinc naphthenate 
    mixtures.26
    
        \26\ ``Regulatory Guidance and Waste Reduction Manual for United 
    States Sawmills (Draft),'' EPA Office of Solid Waste, January 12, 
    1993.
    ---------------------------------------------------------------------------
    
        Industrial activities at saw mills with the potential to 
    contaminate storm water include spills from surface protection areas, 
    storage and mixing tank areas, treated wood drippage, transport or 
    storage areas, maintenance and shop areas, and areas used for 
    treatment/disposal of wastes. Fugitive emissions from negative pressure 
    spraying activities and hand spraying surface protection formulations 
    may also result in the contamination of storm water.27
    
        \27\ ``Background Document Support the Proposed Listing of 
    Wastes From Wood Preservation and Surface Protection Processes,'' 
    EPA Office of Solid Waste, July 1987.
    ---------------------------------------------------------------------------
    
        Significant materials that have the potential to come in contact 
    with storm water discharges at facilities practicing these activities 
    include: all of the materials stated in 3.b. above (under untreated 
    wood lumber and residue generation activities and untreated materials 
    storage) plus treated lumber, treatment chemicals, and treatment 
    equipment (dipping tanks, green chain, material handling equipment, 
    etc.).
        Pollutants which result from these types of surface protection 
    operations may include the constituents of those surface protection 
    chemicals listed above, as well as aggregate parameters such as 
    BOD5, COD, and TSS.
        d. Wood Preservation Activities, and Chemicals and Preserved Wood 
    Material Storage. Wood preserving is the application of chemicals to 
    wood and wood products to preserve the structural integrity of the 
    wood. Wood preserving is designed to prevent/delay the deterioration/
    decay of wood through the addition of flame retardants, water 
    repellents, and chemicals. Wood preserving differs from wood surface 
    protection which is generally performed for aesthetic reasons.28
    
        \28\ ``Background Document Supporting the Proposed Listing of 
    Wastes from Surface Protection Processes, Part One Final Engineering 
    Analysis Volume 1,'' EPA Office of Solid Wastes, February 1993.
    ---------------------------------------------------------------------------
    
        Wood preserving is accomplished by two steps. First, the moisture 
    content of wood is reduced to increase its permeability (this is 
    referred to as conditioning). Conditioning may be accomplished by: (1) 
    allowing wood to dry at ambient temperatures; (2) kiln drying; (3) 
    steaming the wood, then applying a vacuum; (4) dipping the wood in a 
    heated salt bath; or (5) vapor drying, and immersing the wood in a 
    solvent (usually naphtha or Stoddard solvent). After conditioning, wood 
    is impregnated with a preservative for fire retardency, insecticidal 
    resistance, and/or fungicidal resistance. Preservation may be 
    accomplished by either nonpressurized and pressurized methods. The 
    nonpressurized method involves dipping stock in a bath containing the 
    preservatives (either heated or at ambient temperatures), while 
    pressurized methods involve subjecting the wood to the preservative 
    when under pressure. After treatment, the wood stock is often subject 
    to cleaning in order to remove excess preservative prior to stacking 
    treated lumber products outside.29
    
        \29\ ``Development Document for Effluent Limitations Guidelines 
    and Standards for the Timber Products Point Source Category, Final 
    (EPA 440/1-81/023),'' EPA, Effluent Guidelines Division, January 
    1981.
    ---------------------------------------------------------------------------
    
        There are a number of different avenues by which wood preserving 
    wastes may contaminate storm water. These may include: drippage of 
    condensate or preservative after pressurized treatment; washing after 
    preservation to remove excess preservative, which usually occurs either 
    in the treatment or storage areas; spills and leaks from process 
    equipment and preservative tanks; fugitive emissions from vapors in the 
    process, as well as blow outs and emergency pressure releases; and 
    kick-back (phenomenon where preservative leaks as it returns to normal 
    pressure) from the lumber.30
    
        \30\ ``Background Document Support the Proposed Listing of 
    Wastes From Wood Preservation and Surface Protection Processes,'' 
    EPA Office of Solid Waste, July 1987.
    ---------------------------------------------------------------------------
    
        A wide variety of chemicals are used in the preservation of wood, 
    the most common are creosote, pentachlorophenol and inorganics.
        Creosote-based preservatives are mixtures of coal-tar derivatives 
    and creosote solutions (creosotes fortified with insecticide additives 
    such as pentachlorophenol, arsenic trioxide, copper compounds or 
    malathion). Pentachlorophenol preservatives are typically formulations 
    using petroleum solvents and 5 percent total pentachlorophenol. Waxes 
    and resins may also be added.31 Inorganic preservatives consist of 
    arsenical and chromate salts and fluorides dissolved in water. The most 
    commonly used inorganic preservatives include: 32 chromated copper 
    arsenate (CCA); ammoniacal copper arsenate (ACA); acid copper chromate 
    (ACC); chromated zinc chloride (CZC); and fluor-chrome-arsenate-phenol 
    (FCAP).
    
        \31\ ``Background Document Support the Proposed Listing of 
    Wastes From Wood Preservation and Surface Protection Processes,'' 
    EPA Office of Solid Waste, July 1987.
        \32\ ``Background Document Support the Proposed Listing of 
    Wastes From Wood Preservation and Surface Protection Processes,'' 
    EPA Office of Solid Waste, July 1987.
    ---------------------------------------------------------------------------
    
        Significant materials that have the potential to come in contact 
    with storm water discharges at facilities practicing wood preservation 
    include: all of the materials stated in 3.b. (untreated wood lumber and 
    residue generation activities and untreated wood materials storage) 
    plus treated lumber, treatment chemicals, and treatment equipment 
    (preservative, tanks, preservative contaminated material handling 
    equipment).
        Pollutants expected to be discharged from wood preserving 
    facilities typically include conventional pollutants such as BOD5, 
    TSS and oil and grease, as well as toxics which are dependent upon the 
    preserving formulations used. Organic solvent components such as 
    benzene, toluene, xylene, and ethylbenzene can be found at 
    pentachlorophenol preservation operations. Phenolic compounds such as 
    phenol, chlorophenols, nitrophenols can be found at plants using 
    pentachlorophenol and creosote preservatives. The polynuclear aromatic 
    hydrocarbons of creosote, including anthracene, pyrene, and 
    phenanthrene are often contained in the entrained oils. High phenolic, 
    COD, and oil and grease concentrations have been noted to result from 
    creosote and pentachlorophenol operations. Traces of copper, chromium, 
    arsenic, zinc, and boron often can be found in the wastewaters of 
    plants which use waterborne salt preservatives.33
    
        \33\ ``Development Document for Effluent Limitations Guidelines 
    and Standards for the Timber Products Point Source Category, Final 
    (EPA 440/1-81/023),'' EPA, Effluent Guidelines Division, January 
    1981.
    ---------------------------------------------------------------------------
    
        e. Wood Assembly/Fabrication Activities and Final Fabricated Wood 
    Product Storage. The industrial 
    
    [[Page 50838]]
    activities conducted as part of the assembly and fabrication process 
    are very diverse. For the most part, industrial activities that have 
    the potential to come in contact with precipitation are similar to 
    those described under lumber and residue generation (see Section 
    A.3.b). However, there are a number of additional industrial activities 
    that differ. For example, the fabrication of fiberboard, insulation 
    board, and hardboard may involve the use of wax emulsions, paraffin, 
    aluminum sulfate, melamine formaldehyde, and miscellaneous 
    thermosetting resins. These chemicals may be introduced as part of the 
    board formation process or as a coating to maintain the board's 
    integrity. Generally, these additives account for less than 20 percent 
    of the board. In the formation of fiberboard/insulation board/
    hardboards, the digestion of pulp and fiber by mechanical, thermal, and 
    sometimes chemical means takes place.34 Another operation which 
    involves resinous agents is the formation of veneer. In this process, 
    veneer is placed in hot ponds or vats to soften the wood. Veneer strips 
    are removed and often bound by glue or a resinous agent. Glues are also 
    used in the assembly of wood components.35 Other types of 
    activities include the finishing of wood products. Stains, paints, 
    lacquers, varnish, water repellents and sealants, etc. may be applied 
    to some of the wood products. Many of these materials may not have the 
    potential to come in contact with precipitation as most of these 
    processes are performed within a covered area or building.
    
        \34\ ``Development Document for Effluent Limitations Guidelines 
    and Standards for the Timber Products Point Source Category, Final 
    (EPA 440/1-81/023),'' EPA, Effluent Guidelines Division, January 
    1981.
        \35\ Part 1 Storm Water Group Permit Applications. Summaries 
    from individual applicant descriptions including Applicant No. 1156 
    (Westvaco), Applicant No. 92 (Bowater), and Applicant No. 866 
    (Louisiana-Pacific).
    ---------------------------------------------------------------------------
    
        Pollutants expected to be found in storm water discharges at 
    facilities that perform these types of industrial activities include 
    BOD5 and TSS. Oil and grease may be present due to material 
    handling equipment and transport vehicles.
        f. Equipment/Vehicle Maintenance, Repair and Storage. Many of the 
    facilities included in the SIC Major group 24 employ the use of 
    material handling equipment, vehicles and other machinery. These 
    facilities store the equipment onsite and may also engage in 
    maintenance and repair activities on them. These types of activities 
    are performed in either covered or outdoor areas of the facility. 
    Associated with these activities is the storage of significant 
    materials such as petroleum products and other maintenance fluids such 
    as fuels, motor oil, hydraulic oils, lubricant fluids, brake fluids, 
    solvents, cleaners and antifreeze.
    3. Pollutants Contributing to Storm Water Contamination
        Based on the wide variety of industrial activities and significant 
    materials at the facilities included in this sector, EPA believes it is 
    appropriate to divide the timber products industry into subsectors to 
    properly analyze sampling data and determine monitoring requirements. 
    As a result, this sector has been divided into the following 
    subsectors: general saw mills and planning mills; wood preserving; log 
    storage and handling; and hardwood dimension and flooring mills, 
    special products saw mills, millwork, veneer, plywood and structural 
    wood, wood containers, wood buildings and mobile homes, reconstituted 
    wood products and wood products not elsewhere classified. Tables A-1 
    through A-4 below include data for the eight pollutants that all 
    facilities were required to monitor for under Form 2F. The tables also 
    lists those parameters that EPA has determined may merit further 
    monitoring.
    
                            Table A-1.--Statistics for Selected Pollutants Reported by General Sawmills and Planing Mills Facilities Submitting Part II Sampling Datai (mg/L)                       
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
              Pollutant            # of Facilities    # of Samples            Mean               Minimum             Maximum              Median           95th Percentile        99th Percentile   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
             Sample type            Grab    Compii    Grab     Comp      Grab      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab       Comp       Grab        Comp   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5........................       34       35       74       73     48.6      47.2       0.0        0.0      440.0     660.0      18.5      18.0     169.8      151.5       400.2       322.6  
    COD.........................       34       34       75       72    337.0     289.6       0.0        0.0     2156.0    1804.0     115.0     165.5    1346.7     1012.2      3442.9      2170.3  
     Nitrate + Nitrite Nitrogen.       35       34       75       71      0.47      0.47      0.00       0.00       1.50      2.00      0.40      0.40      1.82       1.92        3.57        3.87 
    Total Kjeldahl Nitrogen.....       35       34       75       71      2.80      2.42      0.00       0.00      21.00     27.00      1.40      1.40      9.41       7.01       19.18       12.99 
    Oil & Grease................       35      N/A       79      N/A      8.5     N/A         0.0      N/A         55.0     N/A         3.8     N/A        30.5      N/A          62.0       N/A    
    pH..........................       40      N/A       84      N/A    N/A       N/A         4.7      N/A          9.7     N/A         7.5     N/A         9.5      N/A          10.8       N/A    
    Total Phosphorus............       35       35       75       72      0.61      0.57      0.00       0.00       2.80      3.97      0.30      0.38      2.78       2.34        6.78        5.34 
    Total Suspended Solids......       34       34       74       71   1459       798         1          0      18000      6460       252       400      8998       4376       36040       12921    
    Zinc........................        5        5       13       12      0.448     0.362     0.050      0.11       1.7       1.2       0.32      0.29      1.359      0.842       2.456       1.307 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
                                     Table A-2.--Statistics for Selected Pollutants Reported by Wood Preserving Facilities Submitting Part II Sampling Datai (mg/L)                                 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
              Pollutant            # of Facilities    # of Samples            Mean               Minimum             Maximum              Median           95th Percentile        99th Percentile   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
             Sample type            Grab    Compii    Grab     Comp      Grab      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab       Comp       Grab        Comp   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5........................        9        9       13       13     14.5      14.3       2.4        2.1       39.0      32.0      13.7      12.4      45.9       44.7        84.4        80.9  
    COD.........................        9        9       13       13    115.2      98.7      36.0       31.0      274.0     191.0     100.0      98.0     264.3      236.1       398.4       362.7  
    Nitrate + Nitrite Nitrogen..        9        9       13       13      1.05      1.47      0.30       0.20       2.20      5.20      0.90      1.10      2.29       4.74        3.36        9.06 
    Total Kjeldahl Nitrogen.....        9        9       13       13      2.20      2.25      1.00       0.80       4.00      3.60      2.20      2.20      3.97       4.74        5.21        6.78 
    Oil & Grease................        9      N/A       13      N/A      7.6     N/A         0.0      N/A         80.0     N/A         0.00    N/A        60.9      N/A         380.8       N/A    
    pH..........................        8      N/A       12      N/A    N/A       N/A         6.0      N/A         16.0     N/A         7.0     N/A        11.4      N/A          13.5       N/A    
    Total Phosphorus............        9        9       13       13      0.44      0.26      0.60       0.06       1.57      0.90      0.25      0.19      1.54       0.74        3.19        1.30 
    
    [[Page 50839]]
                                                                                                                                                                                                    
    Total Suspended Solids......        9        9       13       13    242       107        11         12        916       260        50        99      1025        343.8      2661         638.5  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
    
                                 Table A-3.--Statistics for Selected Pollutants Reported by Log Storage and Handling Facilities Submitting Part II Sampling Datai (mg/L)                            
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
              Pollutant            # of Facilities    # of Samples            Mean               Minimum             Maximum              Median           95th Percentile        99th Percentile   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
             Sample type            Grab    Compii    Grab     Comp      Grab      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab       Comp       Grab        Comp   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5........................       22       24       52       56     18.7      22.6       0.0        0.0      260.0     130.0       8.3       7.3      66.4       89.3       150.7       206.6  
    COD.........................       21       23       51       54    286.8     262.1       0.0        0.0     1500      1500       136.0     110.0    1127.8      940.5      2713.2      2110.7  
    Nitrate + Nitrite Nitrogen..       15       17       43       46      0.17      0.19      0.0        0.0        0.82      1.10      0.09      0.11      0.74       0.74        1.61        1.48 
    Total Kjeldahl Nitrogen.....       14       17       40       45      2.30      2.14      0.0        0.0        9.30     12.2       1.46      1.30      8.12       5.98       15.63       10.49 
    Oil & Grease................       25      N/A       57      N/A      3.8     N/A         0.0      N/A         37.0     N/A         1.8     N/A        12.9      N/A          24.5       N/A    
    pH..........................       25      N/A       57      N/A    N/A       N/A         2.8      N/A          8.3     N/A         7.0     N/A         9.3      N/A          10.5       N/A    
    Total Phosphorus............       22       24       52       55     89.49     21.38      0.0        0.0     3000.00   1160         0.20      0.23     15.63       3.86       87.17       13.49 
    Total Suspended Solids......       22       24       52       55   1024       566.8       0.0        0.0    16520      5192       518       164      6657       3121       25663      10723     
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
     Table A-4.--Statistics for Selected Pollutants Reported by Hardwood Dimension and Flooring Mills; Special Products Sawmills, not Elsewhere Classified; Millwork, Veneer, Plywood and Structural
           Wood; Wood Containers; Wood Buildings and Mobile Homes; Reconstituted Wood Products; and Wood Products Facilities not elsewhere classified Submitting Part II Sampling Datai (mg/L)      
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
              Pollutant            # of Facilities    # of Samples            Mean               Minimum             Maximum              Median           95th Percentile        99th Percentile   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
             Sample type            Grab    Compii    Grab     Comp      Grab      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab       Comp       Grab        Comp   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5........................       41       42       74       74     55.8      94.9       0.0        0.0      580.0    1925.0      13.5      17       201.8      225.8       532.8       599.6  
    COD.........................       41       42       74       74    366.3     239.4     636.5        0.0     3315.0    1350.0     151.5     128.0    1155.0      702.3      2417.4      1333.8  
    Nitrate + Nitrite Nitrogen..       41       42       74       74      2.78      1.43      0.0        0.0       66.00     22.5       0.25      0.31      7.49       4.81       25.93       13.03 
    Total Kjeldahl Nitrogen.....       41       42       74       74      2.65      2.56      0.0        0.0       14.70     12.5       1.68      1.70      9.11       8.78       18.16       17.85 
    Oil & Grease................       41      N/A       74      N/A     30.7     N/A         0.0      N/A        591.7     N/A         2.0     N/A        74.8      N/A         252.3       N/A    
    pH..........................       40      N/A       74      N/A      7.0     N/A         3.6      N/A          9.8     N/A         7.0     N/A         9.1      N/A          10.2       N/A    
    Total Phosphorus............       41       42       73       74      0.91      0.55      0.0        0.0       12.00      3.10      0.36      0.38      3.42       2.03        8.15        4.17 
    Total Suspended Solids......       41       42       74       74    891       444         0.0        1.0    17000      3700       242       282      5555       2957       21438       9434     
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
        The descriptions of industrial activities and significant materials 
    exposed submitted by the group applicants in the wood preserving 
    subsector indicated that these facilities has a high potential to 
    discharge wood preservatives in their storm water discharge. These 
    preservatives typically contain copper and arsenic compounds. The 
    monitoring data which was statistically analyzed for the wood treatment 
    indicated the presence of both arsenic and copper in the discharges. 
    However, data from only eight facilities had been submitted in time for 
    EPA to perform a statistical analysis. EPA, therefore reviewed 
    additional data submitted by wood preserving facilities,and found that 
    copper was present in concentrations greater than the benchmark value 
    in 22 out of 34 observations. Arsenic was higher than bench mark in 12 
    out of 34 observations.
    4. Options for Controlling Pollutants
        There are three options for controlling pollutants at timber 
    products facilities: source reduction, best management practices 
    (BMPs), and/or end-of-pipe treatment. In evaluating the options for 
    controlling pollutants in discharges of storm water associated with 
    industrial activity, EPA must provide for compliance with the Best 
    Available Technology Economically Achievable (BAT) and Best 
    Conventional Pollutant Control Technology (BCT) requirements of Section 
    402(p)(3) of the Clean Water Act. The variabilities in both the 
    industrial activities performed on a specific site and the storm water 
    discharges from timber product facilities, coupled with the lack of 
    sufficient characterization data make it infeasible to develop effluent 
    limitations at this point in time. EPA believes that enabling the 
    owner/operator of the facility to develop BMPs based on site-specific 
    factors such as facility size, industrial activities performed, 
    climate, geographic location, hydrogeology and the environmental 
    setting of each facility will provide the flexibility needed to address 
    appropriate controls to meet the BAT/BCT requirements. Development of a 
    storm water pollution prevention plan that addresses exposure 
    minimization BMPs, will be required for all facilities that discharge 
    storm water from timber product facilities. EPA believes that exposure 
    minimization BMPs will provide appropriate levels of control for 
    pollutants in storm water discharges while allowing relatively 
    inexpensive BMPs to be implemented. 
    
    [[Page 50840]]
    In some instances, however, more labor and resource intensive 
    structural controls such as sedimentation ponds may be appropriate. EPA 
    believes that the BMPs discussed below will help provide a sufficient 
    level of control for the types of pollutants found in discharges 
    associated with timber product facilities.
        In developing these industry-specific BMPs both the part 1 
    application data for facilities that sampled were reviewed, as well as 
    industry-specific literature sources. The BMPs provided are separated 
    into those most appropriate for certain areas of a site where 
    pollutants may be released such as: log, lumber, and other wood product 
    storage areas; residue storage areas; loading and unloading and 
    material handling areas; chemical storage areas; and equipment/vehicle 
    maintenance, storage and repair areas. These types of activities can be 
    found at all types of timber product facilities. Table A-5 provides a 
    summary of the effective practices for the control of pollutants for 
    all timber product facilities.
    
     Table A-5.--Effective Pollutant Control Options for All Timber Product 
                                   Facilities                               
    ------------------------------------------------------------------------
             Activity                         Associated BMPs               
    ------------------------------------------------------------------------
    Log, Lumber, and Other     Divert storm water around storage areas with 
     Wood Product Storage       ditches, swales and/or berms.               
     Areas.                                                                 
                               Locate storage areas on stable, well-drained 
                                soils with slopes of 2-5 percent.           
                               Line storage areas with crushed rock or      
                                gravel or porous pavement to promote        
                                infiltration, minimize discharge and provide
                                sediment and erosion control.               
                               Stack materials to minimize surface areas of 
                                materials exposed to precipitation.         
                               Practice good housekeeping measures such as  
                                frequent removal of debris.                 
                               Provide collection and treatment of runoff   
                                with containment basins, sedimentation ponds
                                and infiltration basins.                    
                               Use ponds for collection, containment and    
                                recycle for log spraying operations.        
                               Use of silt fence and rip rap check dams in  
                                drainage ways.                              
    Residue Storage Areas....  Locate stored residues away from drainage    
                                pathways and surface waters.                
                               Avoid contamination of residues with oil,    
                                solvents, chemically treated wood, trash,   
                                etc.                                        
                               Limit storage time of residues to prevent    
                                degradation and generation of leachates.    
                               Divert storm water around residue storage    
                                areas with ditches, swales and/or berms.    
                               Assemble piles to minimize surface areas     
                                exposed to precipitation.                   
                               Spray surfaces to reduce windblown dust and  
                                residue particles.                          
                               Place materials on raised pads of compacted  
                                earth, clay, shale, or stone to collect and 
                                drain runoff.                               
                               Cover and/or enclose stored residues to      
                                prevent contact with precipitation using    
                                silos, van trailers, shed, roofs, buildings 
                                or tarps.                                   
                               Limit slopes of storage areas to minimize    
                                velocities of runoff which may transport    
                                residues.                                   
                               Provide collection and treatment of runoff   
                                with containment basins, sedimentation ponds
                                and infiltration basins.                    
                               Use of silt fence and rip rap check dams in  
                                drainage ways.                              
    Loading and Unloading and  Provide diversion berms and dikes to limit   
     Material Handling Areas.   runon.                                      
                               Cover loading and unloading areas.           
                               Enclose material handling systems for wood   
                                wastes.                                     
                               Cover materials entering and leaving areas.  
                               Provide good housekeeping measures to limit  
                                debris and to provide dust control.         
                               Provide paved areas to enable easy collection
                                of spilled materials.                       
    Chemical Storage Areas...  Provide secondary containment around chemical
                                storage areas.                              
                               Provide fluid level indicators.              
                               Inventory of fluids to identify leakage.     
                               Locate storage areas away from high traffic  
                                areas and surface waters.                   
                               Develop spill prevention, containment and    
                                countermeasure (SPCC) plans and implement.  
                               Cover and/or enclose chemical storage areas. 
                               Provide drip pads to allow for recycling of  
                                spills and leaks.                           
    ------------------------------------------------------------------------
    Sources:                                                                
    NPDES Storm Water Group Application--Part 1. Received by EPA March 18,  
      1991, through December 31, 1992.                                      
    ``Regulatory Guidance and Waste Reduction Manual for United States      
      Sawmills (Draft),'' EPA Office of Solid Waste, January 12, 1993.      
    ``Background Document Supporting the Proposed Listing of Wastes From    
      Wood Preservation and Surface Protection Processes,'' EPA Office of   
      Solid Waste, July 1987.                                               
    ``Chlorophenate Wood Protection, Recommendations for Design and         
      Operation,'' Environment Canada, December 1983.                       
    Wood Preserving; Identification and Listing of Hazardous Wastes; Final  
      Rule, ``Federal Register,'' Volume 55, No. 235, December 6, 1990.     
    Selected pages from ``Texas Best Management Practices for               
      Silviculture,'' Texas Forestry Association, 1989. Submitted for       
      inclusion by American Pulpwood Association, Washington, D.C.          
    
        Wood surface protection and preserving facilities should consider 
    additional controls for their storm water discharges because of the 
    types of pollutants which may contaminate the discharges. Therefore, 
    Table A-6 contains a summary of effective practices for the control of 
    pollutants from timber product facilities that treat their wood. These 
    BMPs are to be considered in conjunction with BMPs in Table A-5.
    
                                                                            
    
    [[Page 50841]]
      Table A-6.--Additional Effective Pollutant Control Options for Timber 
               Product Facilities That Surface Protect or Preserve          
    ------------------------------------------------------------------------
             Activity                         Associated BMPs               
    ------------------------------------------------------------------------
    Wood surface protection    Extend drip time in process areas before     
     and preserving             moving to storage areas.                    
     activities.                                                            
                               Pave and berm areas used by equipment that   
                                has come in contact with treatment          
                                chemicals.                                  
                               Dedicate equipment that is used for treatment
                                activities to that specific purpose only to 
                                prevent the tracking of treatment chemicals 
                                to other areas on the site.                 
                               Locate treatment chemical loading and        
                                unloading areas away from high traffic areas
                                where tracking of the chemical may occur.   
                               Provide drip pads under conveyance equipment 
                                from treatment process areas.               
                               Provide frequent visual inspections of       
                                treatment chemical loading and unloading    
                                areas during and after activities occur to  
                                identify any spills or leaks needing clean- 
                                up.                                         
                               Cover and/or enclose treatment areas.        
                               Provide containment in treated wood storage  
                                areas.                                      
                               Cover storage areas to prevent contact of    
                                treated wood products with precipitation.   
                               Elevate stored, treated wood products to     
                                prevent contact with runon/runoff.          
    ------------------------------------------------------------------------
    Sources:                                                                
    NPDES Storm Water Group Application--Part 1. Received by EPA March 18,  
      1991 through December 31, 1992.                                       
    ``Regulatory Guidance and Waste Reduction Manual for United States      
      Sawmills (Draft),'' EPA Office of Solid Waste, January 12, 1993.      
    ``Background Document Supporting the Proposed Listing of Wastes From    
      Wood Preservation and Surface Protection Processes,'' EPA Office of   
      Solid Waste, July 1987.                                               
    ``Chlorophenate Wood Protection, Recommendations for Design and         
      Operation,'' Environment Canada, December 1983.                       
    Wood Preserving; Identification and Listing of Hazardous Wastes; Final  
      Rule, ``Federal Register,'' Volume 55, No. 235, December 6, 1990.     
    Selected pages from ``Texas Best Management Practices for               
      Silviculture,'' Texas Forestry Association, 1989. Submitted for       
      inclusion by American Pulpwood Association, Washington, D.C.          
    
    
        Control of sediments leaving the site should also be considered by 
    timber product facilities as sediments contribute to the total 
    suspended solids in the storm water discharges. There are several areas 
    of the site that may be prone to erosion due to intense industrial 
    activities. These areas include, but are not limited to: loading and 
    unloading areas, access roads, material handling areas, storage areas, 
    and any other areas where heavy equipment and vehicle use is prevalent. 
    Specific erosion and sediment controls should be implemented to 
    minimize the discharge of sediments from the site. Measurements that 
    timber facilities may consider include, but are not limited to: 
    stabilization measures such as seeding, mulching, chemical 
    stabilization, sodding, soil retaining measures and dust control and 
    structural measures such as sediment traps, contouring, sediment 
    basins, check dams and silt fences.
    5. Special Conditions
        a. Prohibition of Non-storm Water Discharges. Today's permit 
    authorizes, in addition to the discharges described in part III.A.2., 
    an additional non-storm water discharge specific to the timber products 
    industry that, when combined with storm water, is authorized to be 
    discharged under this permit. To be authorized under the permit, the 
    sources of non-storm water must be identified in the storm water 
    pollution prevention plan prepared for the facility. Where these 
    discharges occur, the plan must identify and ensure the implementation 
    of appropriate pollution prevention measures for the non-storm water 
    components of the discharge. Authorized discharges include the 
    following: spray down of lumber and wood product storage yards.
        Spray down of lumber and wood product in storage yards is 
    intermittently performed for fire control and pest control. Discharges 
    from spray down activities are not storm water discharges; however, 
    resulting discharges created as a result of spray down of raw lumber 
    and wood product storage yards are authorized under this section where 
    no chemical additives are used in the spray down waters and no 
    chemicals are applied to the wood during storage. EPA believes that 
    this practice, when performed in compliance with the terms and 
    conditions of this section, will not pose any additional risks to human 
    health and the environment because it is an industrial activity which 
    is performed intermittently and within the confines of an area that 
    should already contain controls for pollutants in storm water 
    discharges.
        It should be noted that the following discharges are not authorized 
    under this section: noncontact cooling wastewater; contact cooling 
    wastewater; boiler blowdown and water treatment wastewater; and storm 
    water from areas of surface protection hand spraying activities.
        This prohibition of unpermitted non-storm water discharges ensures 
    that these discharges are not inadvertently covered under this section 
    and requires the permittee to submit the appropriate NPDES permit 
    applications to gain coverage for the non-storm water portion of the 
    discharge.
    6. Storm Water Pollution Prevention Plan Requirements
        Several storm water pollution prevention plan requirements are 
    added in the section of today's permit for the timber products 
    industry, in addition to the baseline conditions described in part 
    VI.C. of today's fact sheet. These deal with the identification and 
    description of potential pollutant sources, and requirements to meet 
    specific good housekeeping, inspection, and sediment/erosion control 
    measures. EPA is also recommending that several criteria be considered 
    during the development of the storm water pollution prevention plan.
        a. Contents of the Plan
        (1) Description of Potential Pollutant Sources
        (a) Drainage--There are no additional requirements beyond those 
    described in Part VI.C.2.a. of this fact sheet.
        (b) Inventory of Exposed Materials--This section will require those 
    facilities that have conducted activities associated with wood 
    preserving and wood surface protection with pentachlorophenol 
    formulations, creosote formulations, or arsenic/
    
    [[Page 50842]]
    chromium formulations in the past to identify: areas where soils are 
    contaminated, treatment equipment, and/or stored materials which remain 
    as a result of these operations. This section will also require the 
    identification of any management practices being employed to minimize 
    the contact of these materials with storm water runoff.
        EPA has added these requirements because it is aware through 
    studies performed for the hazardous waste listing process that sites 
    where wood surface protection and wood preserving chemicals have been 
    used in the past continue to contribute pollutants to the storm water 
    discharges that come in contact with them, even once the industrial 
    activity has ceased.36 In particular, soils that have been 
    contaminated with formulation chemicals, equipment such as dipping 
    tanks and those used for material handling, and wastes and materials 
    that are still stored on the site may continue to release pollutants. 
    EPA is requiring the facility to identify these pollutant sources so 
    that appropriate controls can be implemented.
    
        \36\ ``Background Document Supporting the Proposed Listing of 
    Wastes from Surface Protection Processes, Part One Final Engineering 
    Analysis Volume 1,'' EPA Office of Solid Wastes, February 1993.
    ---------------------------------------------------------------------------
    
        During the EPA process to list wastes from wood preservation and 
    surface protection processes, data were gathered that showed that the 
    concentration of constituents (of the treatment chemicals) in storm 
    water runoff, in some instances, were equivalent to those 
    concentrations found in process wastewaters. These studies also found 
    high concentrations of phenolic compounds, pentachlorodifluron and 
    phenanthrenes, and metals in soils contaminated with process residuals 
    at several sites. These concentrations were attributed to treated wood 
    drippage and precipitation washoff of treated woods.37
    
        \37\ ``Background Document Supporting the Proposed Listing of 
    Wastes from Surface Protection Processes, Part One Final Engineering 
    Analysis Volume 1,'' EPA Office of Solid Wastes, February 1993.
    ---------------------------------------------------------------------------
    
        Where facilities have used chlorophenolic, creosote, or chromium-
    copper-arsenic formulations for wood surface protection or preserving 
    activities onsite in the past, and information is available, EPA is 
    requiring that the facility inventory the following: areas where soils 
    are contaminated, treatment equipment, and treated materials remain. 
    Once these areas are identified, measures to minimize their exposure to 
    storm water or to limit discharge of pollutants into storm water must 
    be implemented. EPA is requiring this evaluation because soils, 
    equipment, and other materials that are contaminated by treatment 
    chemicals may continue to be a source of pollutants and can contribute 
    to the contamination of storm water runoff.
        (c) Non-storm Water Discharges--There are no additional 
    requirements beyond those described in Part III.A.2. of this permit.
        (d) Risk Identification and Summary of Potential Pollutant 
    Sources--There are not additional requirements beyond those described 
    in Part VI.C.2.f. of this fact sheet.
        (2) Measures and Controls. As contained in Part VIII.A.5. of this 
    fact sheet, EPA has set forth a number of options which are effective 
    in controlling releases of pollutants to storm water discharges 
    associated with industrial activity. Due to the success of BMPs as a 
    cost effective method of pollution control, EPA is requiring that all 
    facilities consider the implementation of BMPs in the following areas 
    of the site: log, lumber and other wood product storage areas; residue 
    storage areas, loading and unloading areas; material handling areas; 
    chemical storage areas; and equipment/vehicle maintenance, storage and 
    repair areas. The conditions of this section also require facilities 
    that surface protect and/or preserve wood products to address specific 
    BMPs for wood surface protection and preserving activities.
        EPA believes it is appropriate to require that permittees indicate 
    in their storm water pollution prevention plan all potential sources of 
    pollution. Effective pollution control measures are currently being 
    implemented at timber product facilities and/or are identified in 
    literature sources specific to timber products facilities. Additional 
    practices may also be found in the ``Storm Water Management for 
    Industrial Activities, Developing Pollution Prevention and Best 
    Management Practices'' (EPA 832-R-92-006), EPA, September 1992. The 
    determination of the appropriateness or inappropriateness of a measure 
    must be indicated in the facility's storm water management plan.
        (a) Good Housekeeping--In addition to typical good housekeeping 
    measures that require the maintenance of areas which may contribute 
    pollutants to storm water in a clean and orderly manner, the pollution 
    prevention plan must specifically address good housekeeping measures 
    and the specific frequency of performance of these measures which are 
    designed to: (1) limit the discharge of wood debris; (2) minimize the 
    leachate generated from decaying wood materials; and (3) minimize the 
    generation of dust.
        EPA has specified that BMPs limit the discharge of solids because 
    storm water discharges containing TSS and BOD5 are prevalent at 
    timber products facilities and can often be controlled by good 
    housekeeping measures.
        (b) Preventive Maintenance--This section requires periodic removal 
    of debris from ditches, swales, diversion, containment basins, and 
    infiltration measures. The discharge of solids at timber product 
    facilities may inhibit the performance of storm water controls if they 
    are not maintained properly.
        (c) Spill Prevention and Response Procedures--This section requires 
    the development of schedules for response procedures to limit the 
    tracking of spilled materials to other areas of the site. Specifically, 
    this section requires that leaks or spills of wood surface protection 
    or preservation chemicals be cleaned up immediately.
        Requirements have been placed in this section to limit the tracking 
    of significant materials that have been leaked or spilled on the site 
    from containers, facility equipment, or onsite vehicles. Of particular 
    concern is the tracking of leaks or spills of treatment chemicals 
    outside near where storm water controls are in place. This may occur, 
    for example, during the filling of storage tanks. Vehicles or equipment 
    used to transfer materials may come into contact with any materials 
    spilled during the filling or emptying of tanks. As the vehicles move 
    to other locations at the site, such material may be tracked and 
    eventually lead to contamination of storm water discharges.
        (d) Inspections--Facility operators must conduct visual inspections 
    of BMPs on a quarterly basis. Inspections must be performed quarterly 
    at processing areas, transport areas, and treated wood storage areas of 
    facilities performing wood surface protection and preservation 
    activities. Quarterly inspections are designed to assess the usefulness 
    of practices in minimizing drippage of treatment chemicals on 
    unprotected soils and in areas that will come in contact with storm 
    water discharges. In addition, all timber products facilities must 
    conduct daily inspections of material handling activities and unloading 
    and loading areas whenever activities are occurring in those areas (if 
    activities are not occurring in those areas, no inspection is 
    required).
    
    [[Page 50843]]
    
        Records will be required to be maintained showing that these 
    inspections have been performed at the required frequencies. In 
    addition, a set of tracking or follow-up procedures must be implemented 
    to ensure appropriate actions are taken based on the findings of the 
    inspections. These records should be developed on a case-by-case basis 
    depending upon the facility's needs.
        (e) Employee Training--There are no additional requirements beyond 
    those listed in Part VI.C.3.e. of this fact sheet.
        (f) Sediment and Erosion Control--This section requires that the 
    following areas of the plant be considered for sediment and erosion 
    controls: loading and unloading areas, access roads, material handling 
    areas, storage areas, and any other areas where heavy equipment and 
    vehicle use is prevalent. Sediment and erosion controls include: 
    stabilization measures such as seeding, mulching, chemical 
    stabilization, sodding, soil retaining measures; and dust control and 
    structural measures such as sediment traps, contouring, sediment 
    basins, check dams, and silt fences. This requirement is added because 
    part 2 storm water group permit application data showed that many of 
    the sites were discharging high TSS concentrations in their storm water 
    discharges. Identifying those areas of the site where erosion occurs 
    will aid the permittee in determining appropriate BMPs that will 
    achieve a reduction in TSS loadings.
        (g) Storm Water Management--There are no additional requirements 
    beyond those described in Part VI.C.3.h. of this fact sheet.
        (3) Comprehensive Site Compliance Evaluation. There are no 
    additional requirements beyond those described in Part VI.C.4. of this 
    fact sheet.
    7. Monitoring and Reporting Requirements
        (a) Analytical Monitoring Requirements. Under the revised 
    methodology for determining pollutants of concern for the timber 
    products subsectors, all facilities must monitor their storm water 
    discharges. EPA believes that timber product facilities may reduce the 
    level of pollutants in storm water runoff from their sites through the 
    development and proper implementation of the storm water pollution 
    prevention plan requirements discussed in today's permit. In order to 
    provide a tool for evaluating the effectiveness of the pollution 
    prevention plan and to characterize the discharge for potential 
    environmental impacts, today's permit requires timber products 
    facilities to collect and analyze grab samples of their storm water 
    discharges for the pollutants listed in the applicable Tables (A-7 
    through A-10). The pollutants listed in Tables A-7 through A-10 were 
    found to be above benchmark levels for a significant portion of 
    facilities in the subsectors that submitted quantitative data in the 
    group application process. Because these pollutants have been reported 
    at or above benchmark levels, EPA is requiring monitoring after the 
    pollution prevention plan has been implemented to assess the 
    effectiveness of the pollution prevention plan and to help ensure that 
    a reduction of pollutants is realized.
        Today's permit requires the wood preserving subsector to monitor 
    for arsenic and copper. These parameters are commonly found in wood 
    preservatives. The discharge data initially analyzed by EPA indicate 
    that these parameters are found in the storm water discharges from wood 
    preserving facilities. Review of additional sampling data revealed that 
    there was a substantial portion of the facilities discharging these 
    parameters in concentrations greater than the bench mark values. 
    Therefore, EPA has determined that monitoring of arsenic and copper is 
    necessary to ensure that the storm water pollution prevention plans 
    developed by wood preserving facilities adequately addresses sources of 
    these parameters.
        Under the Storm Water Regulations at 40 CFR 122.26(b)(14), EPA 
    defined ``storm water discharge associated with industrial activity''. 
    The focus of today's permit is to address the presence of pollutants 
    that are associated with the industrial activities identified in this 
    definition and that might be found in storm water discharges. Under the 
    methodology for determining analytical monitoring requirements, 
    described in section VI.E.1 of this fact sheet, nitrate plus nitrite 
    nitrogen is above the bench mark concentrations for the wood preserving 
    subsector. After a review of the nature of industrial activities and 
    the significant materials exposed to storm water described by 
    facilities in this subsector, EPA has determined that the higher 
    concentrations of nitrate plus nitrite nitrogen are not likely to be 
    caused by the industrial activity, but may be primarily due to non-
    industrial activities on-site. Today's permit does not require wood 
    preserving facilities to conduct analytical monitoring for this 
    parameter.
        At a minimum, storm water discharges from timber products 
    facilities must be monitored quarterly during the second year of permit 
    coverage. Samples must be collected at least once in each of the 
    following periods: January through March; April through June; July 
    through September; and October through December. At the end of the 
    second year of permit coverage, a facility must calculate the average 
    concentration for each parameter listed in the applicable Tables (A-7 
    through A-10). If the permittee collects more than four grab samples in 
    this period, then they must calculate an average concentration for each 
    pollutant of concern for all samples analyzed.
    
      Table A-7.--Monitoring Requirements for General Sawmills and Planing  
                                      Mills                                 
    ------------------------------------------------------------------------
                                                               Cut-off      
                   Pollutants of concern                    concentration   
    ------------------------------------------------------------------------
    Chemical Oxygen Demand (COD)......................  120 mg/L.           
    Total Suspended Solids (TSS)......................  100 mg/L.           
    Zinc, Total Recoverable...........................  0.065 mg/L.         
    ------------------------------------------------------------------------
    
    
                                                                            
    
    [[Page 50844]]
      Table A-8.--Additional Monitoring Requirements for Wood Preservation  
                   Facilities With Chlorophenolic Formulations              
    ------------------------------------------------------------------------
                                                               Cut-off      
                   Parameter of concern                     concentration   
    ------------------------------------------------------------------------
    Total Recoverable Arsenic.........................  0.16854 mg/L.       
    Total Recoverable Copper..........................  0.0636 mg/L.        
    ------------------------------------------------------------------------
    
    
    
        Table A-9.--Monitoring Requirements for Log Storage and Handling    
                                   Facilities                               
    ------------------------------------------------------------------------
                                                               Cut-off      
                   Parameter of concern                     concentration   
    ------------------------------------------------------------------------
    Total Suspended Solids (TSS)......................  100 mg/L.           
    ------------------------------------------------------------------------
    
    
    Table A-10.--Monitoring Requirements for Hardwood Dimension and Flooring
         Mills; Special Products Sawmills; Millwork, Veneer, Plywood and    
       Structural Wood; Wood Containers; Wood Buildings and Mobile Homes;   
     Reconstituted Wood Products; and Wood Products Facilities Not Elsewhere
                                   Classified                               
    ------------------------------------------------------------------------
                                                               Cut-off      
                   Parameter of concern                     concentration   
    ------------------------------------------------------------------------
    Chemical Oxygen Demand (COD)......................  120 mg/L.           
    Total Suspended Solids (TSS)......................  100 mg/L.           
    ------------------------------------------------------------------------
    
        If the average concentration for a parameter is less than or equal 
    to the value listed in the appropriate Tables (A-7 through A-10), then 
    the permittee is not required to conduct quantitative analysis for that 
    parameter during the fourth year of the permit. If, however, the 
    average concentration for a parameter is greater than the cut-off 
    concentration listed in Tables (A-7 through A-10), then the permittee 
    is required to conduct quarterly monitoring for that parameter during 
    the fourth year of permit coverage. Monitoring is not required during 
    the first, third, and fifth year of the permit. The exclusion from 
    monitoring in the fourth year of the permit is conditional on the 
    facility maintaining industrial operations and BMPs that will ensure a 
    quality of storm water discharges consistent with the average 
    concentrations recorded during the second year of the permit.
    
                       Table A-11.--Schedule of Monitoring                  
                                                                            
                                                                            
    2nd Year of Permit          Conduct quarterly monitoring.       
     Coverage.                                                              
                                Calculate the average concentration 
                                for all parameters analyzed during this     
                                period.                                     
                                If average concentration is greater 
                                than the value listed in Tables A-7 through 
                                A-10, then quarterly sampling is required   
                                during the fourth year of the permit.       
                                If average concentration is less    
                                than or equal to the value listed in Tables 
                                A-7 through A-10, then no further sampling  
                                is required for that parameter.             
    4th Year of Permit          Conduct quarterly monitoring for any
     Coverage.                  parameter where the average concentration in
                                year 2 of the permit is greater than the    
                                value listed in Tables A-7 through A-10.    
                                If industrial activities or the     
                                pollution prevention plan have been altered 
                                such that storm water discharges may be     
                                adversely affected, quarterly monitoring is 
                                required for all parameters of concern.     
    
        In cases where the average concentration of a parameter exceeds the 
    cut-off concentration, EPA expects permittees to place special emphasis 
    on methods for reducing the presence of those parameters in storm water 
    discharges. Quarterly monitoring in the fourth year of the permit will 
    reassess the effectiveness of the adjusted pollution prevention plan.
        The monitoring cut off concentrations listed in Tables A-7 through 
    A-10 are not numerical effluent limitations. These values represent a 
    level of pollutant discharge which facilities may achieve through the 
    implementation of pollution prevention plans. At least half of the 
    facilities that submitted Part 2 data from the applicable subsectors 
    reported concentrations more than or equal to the values listed in 
    Tables A-7 through A-10. Facilities that achieve average discharge 
    concentrations which are less than or equal to the values in Tables A-7 
    through A-10 are not relieved from the pollution prevention plan 
    requirements or any other requirements of the permit.
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly chemical sampling.
        b. Alternative Certification. Throughout today's permit, there are 
    monitoring requirements for facilities which the Agency believes have 
    the potential for contributing significant levels of pollutants to 
    storm water discharges. The alternative described below is necessary to 
    ensure that monitoring requirements are only imposed on those 
    facilities that do, in fact, have storm water discharges containing 
    pollutants at concentrations of concern. EPA has determined that if 
    materials and activities are not exposed to storm water at the site, 
    then the potential for pollutants to contaminate storm water discharges 
    does not warrant monitoring.
        Therefore, a discharger is not subject to the monitoring 
    requirements of this Part provided the discharger makes a 
    
    [[Page 50845]]
    certification for a given outfall or on a pollutant-by-pollutant basis 
    in lieu of monitoring reports described under paragraph (c) below, 
    under penalty of law, signed in accordance with Part VII.G. (Signatory 
    Requirements), that material handling equipment or activities, raw 
    materials, intermediate products, final products, waste materials, by-
    products, industrial machinery or operations, and significant materials 
    from past industrial activity that are located in areas of the facility 
    that are within the drainage area of the outfall are not presently 
    exposed to storm water and will not be exposed to storm water for the 
    certification period. Such certification must be retained in the storm 
    water pollution prevention plan and submitted to EPA in accordance with 
    Part VI.C of this permit. In the case of certifying that a pollutant is 
    not present, the permittee must submit the certification along with the 
    monitoring reports required under paragraph (c) below. If the permittee 
    cannot certify for an entire period, they must submit the date exposure 
    was eliminated and any monitoring required up until that date. This 
    certification option is not applicable to compliance monitoring 
    requirements associated with effluent limitations. EPA does not expect 
    facilities to be able to exercise this certification for indicator 
    parameters such as TSS and BOD.
        c. Reporting Requirements. Permittees are required to submit all 
    monitoring results obtained during the second and fourth year of permit 
    coverage within 3 months of the conclusion of each year. For each 
    outfall, one signed Discharge Monitoring Report Form must be submitted 
    per storm event sampled. For facilities conducting monitoring beyond 
    the minimum requirements an additional Discharge Monitoring Report Form 
    must be filed for each analysis.
        d. Sample Type. All discharge data shall be reported for grab 
    samples. All such samples shall be collected from the discharge 
    resulting from a storm event that is greater than 0.1 inches in 
    magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. The required 
    72-hour storm event interval is waived where the preceding measurable 
    storm event did not result in a measurable discharge from the facility. 
    The required 72-hour storm event interval may also be waived where the 
    permittee documents that less than a 72-hour interval is representative 
    for local storm events during the season when sampling is being 
    conducted. The grab sample shall be taken during the first 30 minutes 
    of the discharge. If the collection of a grab sample during the first 
    30 minutes is impracticable, a grab sample can be taken during the 
    first hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable.
        If storm water discharges associated with industrial activity 
    commingle with process or nonprocess water, then where practicable 
    permittees must attempt to sample the storm water discharge before it 
    mixes with the non-storm water discharge.
        e. Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluent. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        f. Quarterly Visual Examination of Storm Water Quality. Timber 
    products facilities shall perform and document a visual examination of 
    a storm water discharge associated with industrial activity from each 
    outfall, except discharges exempted below. The examination(s) must be 
    made at least once in each of the following 3-month periods: January 
    through March, April through June, July through September, and October 
    through December. The examination shall be made during daylight hours 
    unless there is insufficient rainfall or snow melt to produce a runoff 
    event.
        (1) Examinations shall be made of grab samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    1 hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual should carry out the collection and 
    examination of discharges for entire permit term.
        (2) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (3) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfall(s) provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (4) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examinations. Adverse weather conditions that may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of 
    
    [[Page 50846]]
    a sample impracticable (drought, extended frozen conditions, etc.).
        (5) EPA realizes that if a facility is inactive and unstaffed it 
    may be difficult to collect storm water discharge samples when a 
    qualifying event occurs. Today's final permit has been revised so that 
    inactive, unstaffed facilities can exercise a waiver of the requirement 
    to conduct quarterly visual examination.
    
    B. Storm Water Discharges Associated With Industrial Activity From 
    Paper and Allied Products Manufacturing Facilities
    
    1. Discharges Covered Under This Section
        On November 16, 1990 (55 FR 47990), EPA promulgated the regulatory 
    definition of ``storm water discharges associated with industrial 
    activity.'' This definition included point source discharges of storm 
    water from 11 categories of facilities, including paper and allied 
    product manufacturing facilities that are commonly identified by 
    Standard Industrial Classification (SIC) Major Group 26. Today's permit 
    establishes special conditions for the storm water discharges 
    associated with industrial activities at paper and allied product 
    manufacturing facilities. Based on an evaluation of part 1 and part 2 
    group application data, these facilities were determined to perform 
    similar operations, use similar raw materials, and employ similar 
    material handling and storage practices. In light of the available 
    information, it was determined that the storm water discharge 
    characteristics would be similar for facilities covered by this 
    section.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
    2. Industry Profile
        SIC Major Group 26, the production of pulp, paper, and paperboard, 
    is a highly diversified industry group which manufactures a variety of 
    products. Products include newsprint, printing and writing papers, 
    bleached and unbleached packaging paper, glassine, tissue papers, 
    vegetable parchment, greaseproof papers, bleached and unbleached 
    paperboard, special industrial papers, and pulp. Pulp, paper, and 
    paperboard is produced from wood and nonwood products such as jute, 
    hemp, rags, cotton linters, bagasse, and esparto. Secondary fibers, or 
    wastepaper, is also used to produce paper and paperboard.
        Four standard manufacturing processes are involved in the 
    production of pulp, paper, and paperboard: (1) Raw material 
    preparation, (2) pulping, (3) bleaching, and (4) papermaking.
        a. Raw Material Preparation. Wood is the most widely used raw 
    material for manufacturing pulp and paper products. Wood must be 
    prepared for pulping by log washing, bark removal, and chipping/sawing. 
    These activities are usually conducted outdoors and produce large 
    amounts of wood chips, sawdust, and other wood debris. If exposed to 
    storm water, these activities may contribute TSS and BOD5 to the 
    storm water discharge.
        b. Pulping. Pulping involves reducing a cellulosic raw material 
    into a form that may be further processed to produce paper or 
    paperboard, or into a form that may be chemically converted. Two 
    pulping methods are used to reduce the raw material: mechanical pulping 
    and chemical pulping.
        Mechanical pulping, also known as groundwood pulping, uses two 
    processes to produce pulp, stone groundwood and refiner groundwood. 
    Stone groundwood uses a grindstone to tear fiber from the side of short 
    logs. Refiner groundwood passes wood chips through a disc refiner. In 
    both processes, wood may be softened with chemicals or heat to reduce 
    the amount of energy required for grinding. Mechanical pulp is very 
    suitable for use in newspapers, catalogs, tissues, and one-time 
    publications.
        Chemical pulping, using cooking chemicals under controlled 
    conditions, produces a variety of pulps for multipurposes. This process 
    generally produces high quality paper products. Three types of chemical 
    pulping are used: alkaline, sulfite, and semichemical.
        Alkaline pulping, more commonly known as the kraft process, 
    produces a very strong pulp and is adaptable to almost all wood 
    species. The pulp is formed by boiling wood chips in an alkaline 
    solution usually containing sodium sulfate. Alkaline pulping also 
    provides for the successful recovery of chemicals used in the process. 
    This pulping technique is the most highly used pulping process 
    worldwide.
        Sulfite pulps are generally prepared from softwoods and produce 
    various types of paper including tissue paper and writing paper. Wood 
    chips are boiled with calcium-based chemicals, magnesium-based 
    chemicals, or ammonia-based chemicals. Calcium was the original sulfite 
    liquor base, however, the spent liquor from this base was difficult and 
    expensive to recover. Many sulfite mills have now been converted to the 
    kraft process or have been shut down because of the problems of 
    chemical recovery and the reduced availability of softwoods.
        Semichemical pulping involves the cooking of wood chips from 
    hardwoods with a neutral or slightly alkaline sodium sulfite solution. 
    Both sodium and ammonia-based chemicals are used in this process. Pulps 
    produced from semichemical pulping are used in the manufacture of 
    corrugated paperboard. Semichemical pulping mills practice chemical 
    recovery from the waste liquor by balancing the pH of the waste liquor. 
    Spent liquor is then burned in a furnace.
        Some facilities use secondary fibers to produce the paper products. 
    Secondary fibers are wastepapers and may be used with little or no 
    preparation depending on their condition. The wastepaper may be blended 
    directly with the virgin pulps or may have to be screened and filtered 
    to remove dirt before being added to the pulp.
        Some secondary fibers must be deinked before use. In order to 
    reclaim a useful pulp, all noncellulosic materials, such as ink, 
    fillers, and coatings, must be removed. This process uses detergents 
    and solvents to remove these materials. The detergents and solvents may 
    be stored in an area exposed to storm water.
        c. Bleaching. After pulping, the pulp is brown or deeply colored. 
    The color results from the presence of lignins and resins or residue 
    from spent cooking liquor. The pulp must be bleached to produce a light 
    colored or white product.
        A brightness scale ranging up to 100 (the brightest) is used to 
    determine the degree of bleaching needed. For example, newspaper and 
    food containers do not need a high degree of brightness so semibleached 
    pulps are used. For white paper products, fully-bleached pulps are 
    used. A bleaching sequence is followed in which specific chemicals are 
    sequentially added. The following sequence may be used in bleaching: 
    chlorination and washing; alkaline extraction and washing; 
    
    [[Page 50847]]
    chlorine dioxide addition and washing; alkaline extraction and washing, 
    and chlorine dioxide addition and washing.
        The sequence may be modified to meet specific bleaching 
    requirements. In general, less bleaching is required for mechanical 
    pulps because they contain all of the wood substrate and would require 
    massive amounts of bleaching. Therefore, mechanical pulps are used to 
    produce lower quality paper products, such as telephone directories, 
    newsprint, and disposable products. Chemical pulps may be brightened to 
    a higher degree. Hydrosulfite, hypochlorite, chlorine, oxygen, and 
    peroxides are used in bleaching and may be stored in areas exposed to 
    storm water.
        d. Papermaking. After pulps have been bleached, further mixing and 
    blending may be necessary and noncellulosic materials may be added to 
    prepare the pulp for the papermaking stage. Different types of pulp may 
    be blended for desired effects. Softwood pulps are very strong and are 
    used to make high strength, tear resistant paper. These pulps may be 
    blended with hardwood pulps which add porosity, opacity, and 
    printability qualities to the paper. Other materials may be added to 
    the pulp such as clay, talc, or calcium carbonate to improve the 
    texture, brightness, or opacity of the paper. By adding resin or 
    starch, the paper becomes more ink or water resistant. Each of these 
    additives may be a source of contamination for storm water if stored 
    outdoors.
        After noncellulosic materials have been blended with the pulp, it 
    is ready for papermaking. The mixture of pulp and additives is called a 
    pulp furnish. In making paper, fiber from a dilute pulp furnish is 
    placed on a fine screen, called a wire. The water is drained through, 
    and the fiber layer is removed, pressed and dried.
        Two basic types of processes are used in papermaking: the cylinder 
    machine and the Fourdrinier. The cylinder machine has wire cylinders 
    which rotate in the dilute pulp furnish and collect fibers. The 
    cylinders deposit the collected fibers on a moving felt to form a 
    fibrous sheet. In the Fourdrinier process, the dilute pulp furnish is 
    placed on a continuous wire belt where the fibrous sheet is formed. The 
    cylinder machine is usually associated with the manufacturing of heavy 
    grades of paper and paperboard; the Fourdrinier process is mostly used 
    for producing paper, but may also be used to make paperboard.
        The pressing and drying operations are similar for the two 
    processes. After the fibrous sheet is formed, it is transferred to two 
    or more presses to remove water and enhance smoothness and density. The 
    sheet is then dried by being passed through heated hollow iron or steel 
    cylinders. For a smoother finish, the sheet may be passed through a 
    series of rollers (calendaring) used to produce high density paper.
        After the sheet is dry, coatings may be applied to increase 
    appearance, printability, water resistance, or texture. Coatings 
    consist of a high density water slurry of pigments and adhesives that 
    are blended together. Mixtures of starches, latices, polyvinylacetate, 
    and recoverable solvents are used depending on the purpose of the 
    coating. The coating is applied using rolls, air knives, blades, or 
    metering rods. High gloss and smoothness is achieved by using high 
    speed rollers with alternating steel and fabric-filled rolls. The 
    coatings, when stored exposed to storm water discharges may be a source 
    of contamination.
        e. Wastewater Treatment. Most pulp, paper, and paperboard 
    facilities have onsite wastewater treatment systems for treating 
    process wastewater, although some facilities may discharge to a POTW. 
    To reduce BOD5 and TSS loads, many facilities use biological 
    treatment. The most common treatment process is aerated stabilization. 
    At nonintegrated facilities (facilities that do not produce pulp) and 
    secondary fibers facilities, however, primary treatment may be the only 
    method used. At these facilities, primary treatment is usually very 
    effective in reducing BOD5.
        f. Activities Contributing to Storm Water Contamination. Although 
    there is diversity among the types of final products produced at pulp, 
    paper, and paperboard facilities, several industrial activities are 
    common to all. These activities are presented in Table B-1 Below.
    
      Table B-1.--Common Industrial Activities at Paper and Allied Product  
                            Manufacturing Facilities                        
    ------------------------------------------------------------------------
                              Industrial Activities                         
    -------------------------------------------------------------------------
    Bactericide use                                                         
    Baghouse, cyclone, dust collectors                                      
    Coating                                                                 
    Corrugate                                                               
    Creasing                                                                
    Cutting                                                                 
    Equipment storage                                                       
    Vehicle fueling                                                         
    Gluing                                                                  
    Rail and Truck loading areas                                            
    Material handling sites                                                 
    Printing                                                                
    Access Railroads                                                        
    Scoring                                                                 
    Stitching                                                               
    Storage areas                                                           
    Taping                                                                  
    ------------------------------------------------------------------------
    
        Typical activities performed at pulp, paper, and paperboard 
    facilities include log washing, chipping and cutting of logs, log 
    sorting, log storage, and loading and unloading of logs onto trucks or 
    railroad cars for transport to other facilities. These log storage and 
    handling activities may contribute bark and wood debris, TSS, and 
    leachates to a storm water discharge. Leachates from the decay of wood 
    products may contain high levels of TSS and BOD5.
        Many of the facilities in SIC Major group 26 employ the use of 
    material handling equipment (forklifts, loaders, vehicles, chippers, 
    debarkers, cranes, etc.), vehicles, and other machinery. These 
    facilities store the equipment onsite and may also engage in equipment 
    maintenance and repair activities. These types of activities are 
    performed in either covered or outdoor areas of the facility. 
    Associated with these activities is the storage of significant 
    materials such as petroleum products and other maintenance fluids such 
    as fuels, motor oils, hydraulic oils, lubricant fluids, brake fluids, 
    and antifreeze. When exposed to storm water, these materials may cause 
    contamination of a storm water discharge.
        The manufacturing processes at paper and allied product 
    manufacturing facilities are not typically exposed to storm water. 
    Because of the lack of industrial activities occurring outdoors, the 
    primary sources of storm water pollutants originate from materials 
    handling, storage of materials, and waste management or disposal 
    activities. Sources of pollutant are most often from spills and leaks 
    of materials at loading and unloading areas, storage areas, and waste 
    disposal areas. Table B-2 lists the materials that may be exposed to 
    storm water at paper and allied product manufacturing facilities.
    
      Table B-2.--Common Significant Materials at Paper and Allied Product  
                            Manufacturing Facilities                        
    ------------------------------------------------------------------------
                          Significant Materials Onsite                      
    -------------------------------------------------------------------------
    Solvents                                                                
    Glues                                                                   
    Fuels                                                                   
    
    [[Page 50848]]
                                                                            
    Oils                                                                    
    Lubricants                                                              
    Alcohol                                                                 
    Starch                                                                  
    Wooden pallets                                                          
    Paper rollstock                                                         
    Waxes                                                                   
    Air emissions from solvent recovery processes                           
    Baled waste paper                                                       
    Dyes                                                                    
    Inks                                                                    
    Ammonia                                                                 
    Biocides                                                                
    Miscellaneous materials removed during pulping                          
    Final products                                                          
    Adhesives                                                               
    Paper wastes                                                            
    Dust and particulates from cyclones used in paper trim activities,      
     resins/polymers                                                        
    Clay slurries.                                                          
    ------------------------------------------------------------------------
    
    
    3. Pollutants in Storm Water Discharges Associated With Industrial 
    Activity From Paper and Allied Product Manufacturing Facilities
        Few pollutants are expected in storm water discharges from the 
    manufacturing of paper and allied products, because the majority of 
    industrial activities occur indoors. Pollutants may be present in storm 
    water as a result of outdoor activities associated with the industry 
    such as discharges which come into contact with the following areas of 
    the site: loading or unloading of materials; outdoor storage of raw 
    materials or unpackaged products; outdoor process activities; dust or 
    particulate generating processes; and illicit connections or 
    inappropriate management practices.
        The volume and quantity of storm water discharges associated with 
    industrial activity depend upon a number of factors, including the 
    nature of the industrial activities occurring at the facility, the 
    nature of the precipitation, and the degree of surface imperviousness. 
    Storm water may pick up pollutants from structures and other surfaces 
    as it drains from the facility. Even within a group of facilities with 
    similar activities and materials used, handled, stored, or produced, 
    the quality of the storm water can vary greatly.
        The regulatory deadline for submission of the part 2 data was 
    October 1, 1992. Many part 2 data submittals remain incomplete and many 
    of those that did submit data did not identify the significant material 
    or industrial activity that may have contributed the pollutants to the 
    storm water discharge. Based on the wide variety of industrial 
    activities and significant materials at the facilities included in this 
    sector, EPA believes it is appropriate to divide the paper and allied 
    products manufacturing industry into subsectors to properly analyze 
    sampling data and determine monitoring requirements. As a result, this 
    sector has been divided into the following subsectors: paper mills; 
    paperboard mills, paperboard containers and boxes; and converted paper 
    and paperboard products, except containers and boxes. Tables B-2, B-3, 
    and B-4 below include data for the eight pollutants that all facilities 
    were required to monitor for under Form 2F. The tables also list those 
    parameters that EPA has determined merit further monitoring. A table 
    has not been included for paper mill facilities because less than 3 
    facilities submitted data in that subsector.
    
                                      Table B-2.--Statistics for Selected Pollutants Reported by Paperboard Mill Facilities Submitting Part II Sampling Data (mg/L)                                 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
              Pollutant            # of Facilities    # of Samples            Mean               Minimum             Maximum              Median           95th Percentile        99th Percentile   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
             Sample type            Grab   Comp ii    Grab     Comp      Grab      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab       Comp       Grab        Comp   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5........................        9        9       10       10    164.2      77.7       2.0        0.0     1000.0     306.0      18.0      28.0     733.9      412.7      2708.8      1153.4  
    COD.........................        9        9       10       10    402.3     228.9      50.0       31.0     1720.0     780.0     200.0     124.5    1318.6      701.4      2729.5      1301.7  
    Nitrate + Nitrite Nitrogen..        9        9       10       10      0.86      0.84      0.00       0.13       3.19      1.85      0.50      0.62      2.83       2.78        5.38        5.31 
    Total Kjeldahl Nitrogen.....        9        9       10       10      3.72      3.88      0.52       0.31      10.20     10.8       2.19      2.47     12.88      15.88       25.84       35.33 
    Oil & Grease................        8      N/A        9      N/A      9.3     N/A         1.0      N/A         35.0     N/A         5.0     N/A        37.8      N/A          87.8       N/A    
    pH..........................        9      N/A       10      N/A    N/A       N/A         7.1      N/A     .........    N/A         7.7     N/A     .........    N/A      ..........     N/A    
    Total Phosphorus............        9        9       10       10      0.37      0.31      0.08       0.09       1.50      0.58      0.27      0.29      1.04       0.71        1.86        1.07 
    Total Suspended Solids......        9        9       10       10    481        54.5       9          8.0     3390       198.0     168        36      1840        184.7      5161         370.0  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
                             Table B-3.--Statistics for Selected Pollutants Reported by Paperboard Containers and Boxes Facilities Submitting Part II Sampling Data i (mg/L)                        
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
              Pollutant            # of Facilities    # of Samples            Mean               Minimum             Maximum              Median           95th Percentile        99th Percentile   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
             Sample type            Grab   Comp ii    Grab     Comp      Grab      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab       Comp       Grab        Comp   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5........................       47       44       74       66     21.9      16.9       0.0        0.0      163.0     271.0      10.5       8.0      75.4       47.72      164.5        92.63 
    COD.........................       47       44       74       67    184.8     115.8       0.0        0.0     2200.0    1400.0      79.5      51.00    698.5      350.8      1663.4       738.9  
    Nitrate + Nitrite Nitrogen..       47       44       74       67      1.03      0.838     0.00       0.0        4.97      5.6       0.59      0.48      3.80       3.07        8.44        6.80 
    Total Kjeldahl Nitrogen.....       47       44       74       67      4.23      3.61      0.00       0.0       89.60     64.9       1.94      1.90     11.42       9.69       22.99       18.4  
    Oil & Grease................       47      N/A       74      N/A      4.3     N/A         0.0      N/A         61.0     N/A         1.0     N/A        18.4      N/A          44.4       N/A    
    pH..........................       47      N/A       72      N/A    N/A       N/A         3.8      N/A          9.0     N/A         6.8     N/A         8.8      N/A           9.9       N/A    
    Total Phosphorus............       46       43       73       66      0.45      0.41      0.00       0.0       10.30     10.8       0.17      0.15      1.12       0.94        2.23        1.79 
    Total Suspended Solids......       47       44       74       66    141        39.55      0          0.0     2340       550        47        12.5     658        157.88     1987         413.3  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
                                                                                                                                                                                                    
    
    [[Page 50849]]
    Table B-4.--Statistics for Selected Pollutants Reported by Converted Paper and Paperboard Products, Except Containers and Boxes Manufacturing Facilities Submitting Part II Sampling Data i (mg/
                                                                                                   L)                                                                                               
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
              Pollutant                # of          # of Samples            Mean               Minimum             Maximum              Median           95th Percentile        99th Percentile    
    -----------------------------   Facilities   ---------------------------------------------------------------------------------------------------------------------------------------------------
                                 ----------------                                                                                                                                                   
             Sample type           Grab    Comp     Grab     Comp       Grab      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab       Comp       Grab         Comp   
    ----------------------------------------ii------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5........................      19      17       37        35     26.8      24.2       0.0        0.0      152.0     367.0       6.7       8.0      98.8       70.7       239.9        157.2  
    COD.........................      19      17       37        36    159.1     154.1       8.0        0.0     1300.0    1486.0      49.0      43.5     484.9      503.4      1137.2       1220.7  
    Nitrate + Nitrite Nitrogen..      19      17       37        34      0.93      0.74      0.00       0.0        5.20      2.44      0.40      0.46      3.17       2.19        6.72         3.98 
    Total Kjeldahl Nitrogen.....      19      17       37        35      3.28      2.40      0.00       0.0       38.70     23.1       1.00      1.03     10.95       8.45       25.02        18.1  
    Oil & Grease................      19     N/A       39       N/A      1.9     N/A         0.0      N/A         18.0     N/A         0.6     N/A         7.5      N/A          15.9        N/A    
    pH..........................      19     N/A       39       N/A    N/A       N/A         4.2      N/A          8.9     N/A         7.0     N/A         8.8      N/A           9.8        N/A    
    Total Phosphorus............      19      17       37        35      0.30      0.28      0.00       0.0        2.58      1.25      0.18      0.15      0.92       0.86        1.76         1.56 
    Total Suspended Solids......      19      17       37        35     89        42.9       0          0.0     1240       761        16         9.0     319        160.0       893          500.8  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
    4. Options for Controlling Pollutants
        There are two options for reducing pollutants in storm water 
    discharge; end-of-pipe treatment, and implementing best management 
    practices (BMPs) to prevent and/or eliminate the contact between 
    significant materials and storm water. A comprehensive storm water 
    management program for a given plant may include controls from each of 
    these categories and should be based on a consideration of site and 
    facility plant characteristics. End-of-pipe treatment is effective for 
    the control of process waters when the types of pollutants and the 
    volume of water to be treated is known. However, storm water discharges 
    from any industry, including the paper and allied product manufacturing 
    industry, can be numerous, intermittent, and of various volumes. 
    Therefore, the channelization of storm water that comes into contact 
    with significant materials into a single treatment facility, or 
    construction of numerous treatment devices for each discharge, may be 
    burdensome and ineffective for treating pollutants contained in storm 
    water from these types of facilities. EPA believes that the most 
    appropriate means of storm water management at paper and allied product 
    manufacturing facilities can be sufficiently determined by the operator 
    of the facility.
        EPA believes that the most effective storm water management control 
    for limiting the offsite discharge of pollutants in storm water is a 
    combination of passive and active BMPs.
        Examples of BMPs range from simple housekeeping, material handling 
    practices, preventive maintenance, diversions practices, to more 
    advanced structural control such as detention and retention ponds and 
    infiltration devices.
        The selection of the most effective BMPs will be based on site-
    specific considerations such as: facility size, climate, geographic 
    location, hydrogeology and the environmental setting of each facility, 
    volume and type of discharge generated, and number of outfalls. Each 
    facility will be unique in that the source, type and volume of 
    contaminated storm water discharges will differ. In addition, the fate 
    and transport of pollutants in these discharges will vary. EPA believes 
    that the management practices discussed herein are well suited 
    mechanisms to prevent or control the contamination of storm water 
    discharges associated with the paper and allied product manufacturing 
    industry.
        As part of the group application review process, a review of the 
    part 1 data was analyzed. The applications indicated that numerous BMPs 
    were already being implemented at many of the representative sites. 
    Table B-5 provides the most common practices presently being employed 
    and the relative percentage of facilities who are implementing them. 
    Table B-6 provides an additional list of BMPs that may be appropriate 
    for the industry. Many of the BMPs identified are examples of practices 
    intended to limit the exposure of significant materials and industrial 
    activities to storm water. Facility operators should review their 
    current operations and consider implementing these BMPs if they are 
    applicable to the site and are expected to reduce the discharge of 
    pollutants from the site in storm water.
    
         Table B-5.--Best Management Practices Discussed in Part 1 Group    
                                  Applicationsi                             
    ------------------------------------------------------------------------
                                                                  Percent of
                                BMP                               facilities
    ------------------------------------------------------------------------
    Catch Basins...............................................         22.2
    Diversion structures around potential contaminants.........         43.8
    Spill Control Procedures, Contingency Plans (SPCC).........         67.4
    Swales, ditches, trench or graded surfaces.................         51.4
    Employee training..........................................        62.5 
    ------------------------------------------------------------------------
    i Material Management Practices were identified in over 20 percent of   
      the 144 facilities in the sampling subset.                            
    
    
       Table B-6.--Suggested Best Management Practices at Pulp and Allied   
                        Products Manufacturing Facilities                   
    ------------------------------------------------------------------------
             Activity                          Suggested BMPs               
    ------------------------------------------------------------------------
    Outdoor loading and         Confine loading/unloading activities
     unloading.                 to a designated response and control area.  
                                Avoid loading/unloading materials in
                                the rain.                                   
                                Cover loading/unloading area/or     
                                conduct these activities indoors.           
                                Develop and implement spill plans.  
                                Use berms or dikes around area.     
    
    [[Page 50850]]
                                                                            
                                Inspect containers for leaks or     
                                damage prior to loading.                    
                                Use catch buckets, drop cloths, and 
                                other spill prevention measures where liquid
                                materials are loaded/unloaded.              
                                Provide paved areas to enable easy  
                                collection of spilled materials.            
    Raw and/or waste material   Confine storage to a designated     
     storage areas.             area.                                       
                                Store materials inside.             
                                Cover storage areas with a roof or  
                                tarp.                                       
                                Use dikes or berms for storage tanks
                                and drum storage.                           
                                Cover dumpsters used for waste paper
                                and other materials.                        
                                Store materials on concrete pads to 
                                allow for recycling and spills of leaks.    
                                Expedite recycling process for      
                                exposed scrap paper.                        
                                Develop and implement spill plans.  
                                Provide paved areas to enable easy  
                                collection of spilled materials.            
                                Provide good housekeeping (i.e.,    
                                dust and debris collection) where cyclones  
                                are utilized.                               
    Log, lumber and other       Divert storm water around storage   
     wood product storage       areas with ditches, swales, and/or berms.   
     areas.                                                                 
                                Practice good housekeeping measures 
                                such as frequent removal of debris.         
                                Line storage areas with crushed rock
                                or gravel or porous pavement to promote     
                                infiltration, minimize discharge and provide
                                sediment and erosion control.               
                                Use ponds for collection,           
                                containment and recycle for log spraying    
                                operations.                                 
    ------------------------------------------------------------------------
    
    
    
    5. Special Conditions
        There are no requirements beyond those described in Part VI.B. of 
    this fact sheet.
    6. Storm Water Pollution Prevention Plan Requirements
        There are no requirements beyond those described in Part VI.C. of 
    this fact sheet.
        a. Description of Potential Pollutant Sources. There are no 
    requirements beyond those described in Part VI.C. of this fact sheet.
        b. Measures and Controls. There are no requirements beyond those 
    described in Part VI.C. of this fact sheet.
        c. Comprehensive Site Compliance Evaluation. There are no 
    requirements beyond those described in Part VI.C. of this fact sheet.
    7. Numeric Effluent Limitation.
        There are no effluent limits beyond those described in Part VI.B. 
    of this permit.
    8. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. Under the revised 
    methodology for determining pollutants of concern for the various 
    industrial sectors, only one subsector, paperboard mills, is required 
    to monitor storm water discharges. As discussed previously, the median 
    value for COD of 124.5 mg/L is higher than the benchmark value for COD 
    of 120 mg/L for the paperboard subsector, thus triggering monitoring 
    for COD. The monitoring requirements are presented in Table B-7 for 
    paperboard mills.
        At a minimum, storm water discharges from paperboard mills must be 
    monitored quarterly during the second year of permit coverage. 
    Monitoring must be performed during each of the following periods: 
    January through March; April through June; July through September; and 
    October through December. At the end of the second year of permit 
    coverage, a facility must calculate the average concentration for each 
    parameter listed in Table B-7. If the permittee collects more than four 
    samples in this period, then they must calculate an average 
    concentration for each pollutant of concern for all samples analyzed.
    
              Table B-7.--Paperboard Mills Monitoring Requirements          
    ------------------------------------------------------------------------
                                                                  Cut-off   
                      Pollutants of concern                    concentration
    ------------------------------------------------------------------------
    Chemical Oxygen Demand..................................  120 mg/L.     
    ------------------------------------------------------------------------
    
        If the average concentration for a parameter is less than or equal 
    to the cut-off concentration, then the permittee is not required to 
    conduct quantitative analysis for that parameter during the fourth year 
    of the permit. If, however, the average concentration for a parameter 
    is greater than the cut-off concentration, then the permittee is 
    required to conduct quarterly monitoring for that parameter during the 
    fourth year of permit coverage. Monitoring is not required during the 
    first, third, and fifth year of the permit. The exclusion from 
    monitoring in the fourth year of the permit is conditional on the 
    facility maintaining industrial operations and BMPs that will ensure a 
    quality of storm water discharges consistent with the average 
    concentrations recorded during the second year of the permit. The 
    schedule for monitoring is presented in Table B-8.
    
                       Table B-8.--Schedule of Monitoring                   
                                                                            
                                                                            
    2nd Year of Permit          Conduct quarterly monitoring.       
     Coverage.                                                              
                                Calculate the average concentration 
                                for all parameters analyzed during this     
                                period.                                     
                                If average concentration is greater 
                                than the value listed in Table B-7, then    
                                quarterly sampling is required during the   
                                fourth year of the permit.                  
                                If average concentration is less    
                                than or equal to the value listed in Table B-
                                7, then no further sampling is required for 
                                that parameter.                             
    
    [[Page 50851]]
                                                                            
    4th Year of Permit          Conduct quarterly monitoring for any
     Coverage.                  parameter where the average concentration in
                                year 2 of the permit is greater than the    
                                value listed in Table B-7.                  
                                If industrial activities or the     
                                pollution prevention plan have been altered 
                                such that storm water discharges may be     
                                adversely affected, quarterly monitoring is 
                                required for all parameters of concern.     
    
    
    
        In cases where the average concentration of a parameter exceeds the 
    cut-off concentration, EPA expects permittees to place special emphasis 
    on methods for reducing the presence of those parameters in storm water 
    discharges. Quarterly monitoring in the fourth year of the permit will 
    be used to reassess the effectiveness of the adjusted pollution 
    prevention plan.
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly chemical sampling.
        (1) Sample Type. All discharge data shall be reported for grab 
    samples. All such samples shall be collected from the discharge 
    resulting from a storm event that is greater than 0.1 inches in 
    magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. The required 
    72-hour storm event interval is waived where the preceding measurable 
    storm event did not result in a measurable discharge from the facility. 
    The required 72-hour storm event interval may also be waived where the 
    permittee documents that less than a 72-hour interval is representative 
    for local storm events during the season when sampling is being 
    conducted. The grab sample shall be taken during the first 30 minutes 
    of the discharge. If the collection of a grab sample during the first 
    30 minutes is impracticable, a grab sample can be taken during the 
    first hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable.
        If storm water discharges associated with industrial activity 
    commingle with process or nonprocess water, then where practicable 
    permittees must attempt to sample the storm water discharge before it 
    mixes with the non-storm water discharge.
        (2) Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluent. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (3) Alternative Certification. Throughout today's permit, EPA has 
    included monitoring requirements for facilities which the Agency 
    believes have the potential for contributing significant levels of 
    pollutants to storm water discharges. The alternative certification 
    described below is necessary to ensure that monitoring requirements are 
    only imposed on those facilities that do, in fact, have storm water 
    discharges containing pollutants at concentrations of concern. EPA has 
    determined that if materials and activities are not exposed to storm 
    water at the site, then the potential for pollutants to contaminate 
    storm water discharges does not warrant monitoring.
        Therefore, a discharger is not subject to the monitoring 
    requirements of this Part provided the discharger makes a certification 
    for a given outfall on a pollutant-by-pollutant basis in lieu of 
    monitoring described in Table B-8 under penalty of law, signed in 
    accordance with Part VII.G. (Signatory Requirements) of the permit, 
    that material handling equipment or activities, raw materials, 
    intermediate products, final products, waste materials, by-products, 
    industrial machinery or operations, significant materials from past 
    industrial activity, and that are located in areas of the facility that 
    are within the drainage area of the outfall are not presently exposed 
    to storm water and will not be exposed to storm water for the 
    certification period. Such certification must be retained in the storm 
    water pollution prevention plan and submitted to EPA in lieu of 
    monitoring reports required under paragraph b. The permittee is 
    required to complete any and all sampling until the exposure is 
    eliminated. If the facility is reporting for a partial year, the 
    permittee must specify the date exposure was eliminated. If the 
    permittee is certifying that a pollutant was present for part of the 
    reporting period, nothing relieves the permittee from the 
    responsibility to sample that parameter up until the exposure was 
    eliminated and it was determined that no significant materials 
    remained. This certification option is not applicable to compliance 
    monitoring requirements associated with effluent guidelines. EPA does 
    not expect facilities to be able to exercise this certification for 
    indicator parameters, such as TSS and BOD.
        b. Reporting Requirements. Permittees are required to submit all 
    monitoring results obtained during the second and fourth year of permit 
    coverage within 3 months of the conclusion of each year. For each 
    outfall, one Discharge Monitoring Report Form must be submitted per 
    storm event sampled. For facilities conducting monitoring beyond the 
    minimum requirements an additional Discharge Monitoring Report Form 
    must be filed for each analysis. The permittee must include a 
    measurement or estimate of the total precipitation, volume of runoff, 
    and peak flow rate of runoff for each storm event sampled.
        c. Quarterly Visual Examination of Storm Water Quality. Quarterly 
    visual examinations of a storm water discharge from each outfall are 
    required at all paper and allied products manufacturing facilities. The 
    examination must be of a grab sample collected from each storm water 
    outfall. The examination of storm water grab samples shall include any 
    observations of color, odor, turbidity, floating solids, foam, oil 
    sheen, or other obvious indicators of storm water pollution. The 
    examination must be conducted in a well lit area. No analytical tests 
    are required to be performed on these samples.
    
    [[Page 50852]]
    
        The examination must be made at least once in each designated 
    period during daylight hours unless there is insufficient rainfall or 
    snow-melt to runoff. Whenever practicable, the same individual should 
    carry out the collection and examination of discharges throughout the 
    life of the permit to ensure the greatest degree of consistency 
    possible. Examinations shall be conducted in each of the following 
    periods for the purposes of inspecting storm water quality associated 
    with storm water runoff and snow melt: January through March; April 
    through June; July through September; October through December. Grab 
    samples shall be collected within the first 30 minutes (or as soon 
    thereafter as practical, but not to exceed 60 minutes) of when the 
    runoff begins discharging. Reports of the visual examination include: 
    the examination date and time, examination personnel, visual quality of 
    the storm water discharge, and probable sources of any observed storm 
    water contamination. The visual examination reports must be maintained 
    onsite with the pollution prevention plan.
        EPA believes that this quick and simple assessment will help the 
    permittee to determine the effectiveness of his/her plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the chemical properties of the storm water discharged from the 
    site, the examination will provide meaningful results upon which the 
    facility may act quickly. The frequency of this visual examination will 
    also allow for timely adjustments to be made to the plan. If BMPs are 
    performing ineffectively, corrective action must be implemented. A set 
    of tracking or follow-up procedures must be used to ensure that 
    appropriate actions are taken in response to the examinations. The 
    visual examination is intended to be performed by members of the 
    pollution prevention team. This hands-on examination will enhance the 
    staff's understanding of the storm water problems on that site and the 
    effects of the management practices that are included in the plan.
        When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent 
    from one such outfall and report that the examination data also apply 
    to the substantially identical outfall(s) provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        When a discharger is unable to collect samples over the course of 
    the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination. Adverse weather conditions which may prohibit 
    the collection of samples include weather conditions that create 
    dangerous conditions for personnel (such as local flooding, high winds, 
    hurricane, tornadoes, electrical storms, etc.) or otherwise make the 
    collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly visual examination.
    
    C. Storm Water Discharges Associated With Industrial Activity From 
    Chemical and Allied Products Manufacturing Facilities
    
    1. Discharges Covered Under This Section
        EPA regulations define ``storm water discharges associated with 
    industrial activity'' at 40 CFR 122.26(b)(14) in order to specify those 
    discharges that are required to be permitted under the NPDES program. 
    Category (ii) of this definition includes facilities classified as 
    Standard Industrial Classification (SIC) code 28, Chemical and Allied 
    Products Manufacturing, with the exception of facilities classified as 
    SIC code 285--Paints, Varnishes, Lacquers, Enamels, and Allied Products 
    Manufacturing, which are included in category (xi) of the definition. 
    EPA did not receive any group applications from facilities with primary 
    SIC code 283 (Drugs Manufacturing). Therefore, as EPA had no data on 
    such facilities, they are not eligible for coverage under this section 
    of today's permit. The following section describes facilities covered 
    by Part XI.C. of today's permit and the conditions and requirements of 
    facilities covered by Part XI.C.
        For additional information on the subsectors and their industrial 
    activities, please see the following documents:
        ``Development Document for Effluent Limitations Guidelines and 
    Standards for the Paint Formulating Point Source Category.'' EPA-440/1-
    79/049-b. 1979.
        ``Development Document for Interim Final Effluent Limitations 
    Guidelines for the Pesticide Chemicals Manufacturing Point Source 
    Category.'' EPA-440/1-75/060d. 1976.
        ``Development Document for Effluent Limitations Guidelines and New 
    Source Performance Standards for the Major Organic Products Segment of 
    the Organic Chemicals Manufacturing Point Source Category.'' EPA-440/1-
    74-009a. 1974.
        ``Development Document for Effluent Limitations Guidelines, New 
    Source Performance Standards and Pretreatment Standards for Organic 
    Chemicals and the Plastics and Synthetic Fibers Point Source 
    Category.'' EPA-440/1-87/009. 1987.
        ``Development Document for Effluent Limitations Guidelines and New 
    Source Performance Standards for the Basic Fertilizer Chemicals Segment 
    of the Fertilizer Manufacturing Point Source Category.'' 1974.
        ``Development Document for Final Effluent Limitations Guidelines, 
    New Source Performance Standards and Pretreatment Standards for the 
    Pharmaceutical Manufacturing Point Source Category.'' EPA-440/1-83/084. 
    1983.
        ``Development Document for Effluent Limitations Guidelines, New 
    Source Performance Standards and Pretreatment Standards for the 
    Inorganic Chemicals Manufacturing Point Source Category, Phase 2.'' 
    EPA-440/1-84/007. 1984.
        Part XI.C. of today's permit has been developed for storm water 
    discharges at facilities primarily engaged in the manufacture of 
    chemicals and allied products. This sector of industry includes 
    facilities which manufacture a broad range of products including 
    plastic and synthetic materials, detergents, paints and varnishes, 
    drugs, fertilizers and pesticides, adhesives, inks, explosives, 
    artist's inks and paints, and organic and inorganic chemicals used for 
    industrial purposes. Specifically, Part XI.C. of today's permit applies 
    to establishments primarily engaged in manufacturing:
        a. Industrial inorganic chemicals (including SIC 281).
        b. Plastic materials and synthetic resins, synthetic rubbers, and 
    cellulosic 
    
    [[Page 50853]]
    and other humanmade fibers, except glass (including SIC 282).
        c. Soaps and detergents; specialty cleaning, polishing, and 
    sanitation preparations; surface active preparations used as 
    emulsifiers, wetting agents, and finishing agents, including sulfonated 
    oils; perfumes, cosmetics, and other toilet preparations; glycerin made 
    from vegetable and animal fats and oils (including SIC 284).
        d. Paints (in paste and ready-mixed form), varnishes, lacquers, 
    enamels, shellac, putties, wood fillers, and sealers, paint and varnish 
    removers, paint brush cleaners, and allied paint products (including 
    SIC 285).
        e. Industrial organic chemicals (including SIC 286).
        f. Nitrogenous fertilizers; phosphatic fertilizers; fertilizers, 
    mixing only; pesticides; and other agricultural chemicals, not 
    elsewhere classified (including SIC 287).
        g. Industrial and household adhesives, glues, caulking compounds, 
    sealants, and linoleum, tile, and rubber cements from vegetable, 
    animal, or synthetic plastics materials (including SIC 2891).
        h. Explosives (including SIC 2892).
        i. Printing ink, including gravure, screen process, and 
    lithographic ink, and carbon black (including SIC 2893 and 2895); and, 
    due to the nature of manufacturing activities, EPA has included 
    industrial facilities represented by SIC 3952 in this category, but 
    only those primarily engaged in the manufacturing of ink and paints, 
    including china painting enamels, india and drawing ink, platinum 
    paints for burnt wood or leather work, paints for china painting, 
    artists' paints and artists' water colors.
        j. Miscellaneous that are not in Sections a. through i. of this 
    part, such as fatty acids, essential oils, nonvegetable gelatin, sizes, 
    bluing, laundry sours, writing and stamp pad ink, industrial compounds, 
    such as boiler and heat insulating compounds, metal, oil, and water 
    treatment compounds, waterproofing compounds, and chemical supplies for 
    foundries (including SIC 2899).
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
    2. Pollutants Found in Storm Water Discharges
        Water quality impacts caused by storm water discharges associated 
    with an industrial activity from Chemical and Allied Products 
    Manufacturing facilities are expected to vary depending on several 
    factors. Such factors include the geographic location and hydrology of 
    the site, the type of manufacturing and/or industrial activities, the 
    amount and type of operations and material storage occurring outside, 
    imperviousness of surfaces at the site, and the impact of a given 
    precipitation event. In addition, sources of pollutants from non-storm 
    water discharges such as washwaters from industrial areas, illicit 
    connections, and spills may increase the pollutant loading to waters of 
    the United States. Because there is wide variety of products and 
    manufacturing activities in this sector of today's permit, EPA has 
    subdivided the chemicals and allied products manufacturing industry 
    into ``subsectors.''
        Part 1 of the group application required a summary of industrial 
    activities and the significant materials stored exposed to 
    precipitation. This provided useful qualitative information to EPA, but 
    information that is not possible to quantify reliably due to 
    differences in terminology and thoroughness. For the summary of 
    industrial activities, some participants reported their industrial 
    activity as ``manufacture of product X,'' rather than listing the 
    components of that main activity. Other participants listed some or all 
    general industrial actions, e.g., ``shredding'' or ``wastewater 
    treatment.'' (Products listed represent most of the industrial 
    classifications which are subject to this section of today's permit). 
    Table C.1. lists the general industrial actions occurring at facilities 
    according to part 1 of their group applications.
    
       Table C-1.--Industrial Activities Occurring at Chemical and Allied   
       Product Manufacturers (as reported in Part 1 of Group Applications)  
                                                                            
                                                                            
     1. Storage of materials in tanks, either below or above ground.        
     2. Wastewater treatment, use of activated sludge process, or land      
     application of wastewaters.                                            
     3. Bagging of materials/products.                                      
     4. Blending and mixing of chemicals.                                   
     5. Packaging of chemicals.                                             
     6. Cooling towers.                                                     
     7. Crushing, Milling, Shredding, Granulation and Grinding of materials.
     8. Storage of cylinders used to contain industrial gases.              
     9. Distribution of products.                                           
    10. Storage of empty or full drums.                                     
    11. Equipment storage and maintenance, including vehicles.              
    12. Application of fertilizers or pesticides.                           
    13. Operation of a foundry.                                             
    14. Fueling of vehicles.                                                
    15. Hazardous waste temporary storage or operation of RCRA treatment,   
     storage, or disposal facility.                                         
    16. Hot oil system for cooling/heat exchange.                           
    17. Landfills or temporary refuse site.                                 
    18. Application of lime.                                                
    19. Loading/Unloading.                                                  
    20. Use of machinery to process materials.                              
    21. Material handling and warehousing.                                  
    22. Plant yard and areas of past industrial activity.                   
    23. Access roads and rail tracks.                                       
    24. Steam boilers.                                                      
    
    [[Page 50854]]
                                                                            
    25. Thermal oxidation of lead.                                          
    26. Washing of drums.                                                   
    27. Waste dumpster or compactor.                                        
    
    
        Table C-2 shows the subsectors and their corresponding SIC codes 
    and letters (from discharges covered under this section in this fact 
    sheet).
        Part 2 of the storm water group application required that 
    quantitative data be submitted by a representative sampling subgroup. 
    Based on the wide variety of industrial activities and significant 
    materials at the facilities included in this sector, EPA believes it is 
    appropriate to divide the chemical and allied products industry into 
    subsectors to properly analyze sampling data and determine monitoring 
    requirements. As a result, this sector has been divided into the 
    following subsectors: industrial inorganic chemicals; plastics, 
    synthetics, and resins; drugs; soaps, detergents, cosmetics, perfumes; 
    paints, varnishes, lacquers, enamels, and allied products; industrial 
    organic chemicals; agricultural chemicals; and miscellaneous chemical 
    products. Tables C-2, C-3, C-4, C-5, C-6, C-7, and C-8 below include 
    data for the eight pollutants that all facilities were required to 
    monitor for under Form 2F. The tables also list those parameters that 
    EPA has determined merit further monitoring. A table has not been 
    included for industrial organic chemical manufacturing facilities 
    because less than 3 facilities submitted data in that subsector.
    
                           Table C-2.--Subsector Index                      
    ------------------------------------------------------------------------
               Subsector                                SIC Code(s)         
    ------------------------------------------------------------------------
    1.............................    .......  281                          
    2.............................    .......  282                          
    3.............................    .......  284                          
    4.............................    .......  285                          
    5.............................    .......  286                          
    6.............................    .......  287                          
    7.............................    .......  289, 2891, 2892, 2893, 2894, 
                                                2899, 3952                  
    8.............................    .......  28 i                         
    ------------------------------------------------------------------------
    i Subsector 8 includes those facilities that indicated their SIC code   
      only as 28, without the following 1 or 2 digits.                      
    
    
                       Table C-3.--Statistics for Selected Pollutants Reported by Industrial Inorganic Chemicals Manufacturing Facilities Submitting Part II Sampling Datai (mg/L)                  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
              Pollutant            # of Facilities    # of Samples            Mean               Minimum             Maximum              Median           95th Percentile        99th Percentile   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
             Sample type            Grab   Comp ii    Grab     Comp      Grab      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab       Comp       Grab        Comp   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD \5\.....................       10       10       16       16     12.1       8.872     0.0        0.0       67.0      26.0       7.0       7.5      35.0       22.8        60.4        34.3  
    COD.........................       10       10       16       16    101.4      63.6      20.0        0.0      350.0     320.0      80.0      36.5     269.2      185.1       453.4       334.2  
    Nitrate + Nitrite Nitrogen..       10       10       16       16      2.79      1.92      0.60       0.07       7.30      7.1       2.40      1.25     14.72       8.24       37.34       18.7  
    Total Kjeldahl Nitrogen.....       10       10       16       16     18.71      7.09      0.00       0.0      132.00     19.4       4.09      3.15    110.69      30.8       392.88       68.3  
    Oil & Grease................        9      N/A       15      N/A      1.9     N/A         0.0      N/A         18.0     N/A         0.1     N/A         9.5      N/A          39.7       N/A    
    pH..........................        9      N/A       15      N/A    N/A       N/A         5.4      N/A         10.4     N/A         7.6     N/A        11.2      N/A          13.1       N/A    
    Total Phosphorus............       10       10       16       16      0.98      0.83      0.00       0.0        6.59      6.14      0.34      0.40      3.32       3.19        7.55        7.61 
    Total Suspended Solids......       10       10       16       16    156        80.4       6          0.82     790       320        99        21.5     769        658.5      2043        3258.4  
    Aluminum....................        7        7       13       13      2.41      1.7       0.49       0.06       7.82      7.87      1.06      0.77      7.02       6.83       12.8        16.47 
    Iron........................        5        5       11       11      3.0       2         0.5        0.1        8.8       7.6       2.2       1.2      10.6        8.7        21.7        21.7  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
    Table C-4.--Statistics for Selected Pollutants Reported by Plastics Materials and Synthetic Resins, Synthetic Rubbers, Cellulosic and Other Manmade Fibers Except Glass Manufacturing Facilities
                                                                                Submitting Part II Sampling Datai (mg/L)                                                                            
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
              Pollutant            # of Facilities    # of Samples            Mean               Minimum             Maximum              Median           95th Percentile        99th Percentile   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
             Sample type            Grab   Comp ii    Grab     Comp      Grab      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab       Comp       Grab        Comp   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD 5.......................       16       14       41       36     11.5      11.4       0.0        1.0       66.0      66.0       6.0       6.6      34.1       34.2        62.8        64.8  
    COD.........................       17       15       42       38     58.1      52.6       0.0        0.0      162.0     169.0      38.5      35.5     191.7      142.6       360.6       237.7  
    Nitrate + Nitrite Nitrogen..       17       15       43       39      4.31      5.35      0.00       0.0      140.30    158.0       0.76      0.95      7.67       8.88       20.81       23.1  
    Total Kjeldahl Nitrogen.....       17       15       42       38      3.51      3.96      0.20       0.0       47.20     56.8       1.50      1.40      9.67      10.6        20.29       22.9  
    Oil & Grease................       16      N/A       42      N/A      2.0     N/A         0.0      N/A         15.0     N/A         0.0     N/A        10.2      N/A          22.4       N/A    
    pH..........................       15      N/A       42      N/A    N/A       N/A         3.6      N/A          7.7     N/A         6.8     N/A         8.4      N/A           9.4       N/A    
    Total Phosphorus............       17       15       43       39      0.40      0.41      0.00       0.0        4.20      4.40      0.11      0.07      1.45       1.56        3.60        4.27 
    Total Suspended Solids......       17       15       42       38    157        94.6       0.0        0.0     2708       816        40        26.5     570        345.4      1665         845.5  
    Zinc........................       14       12       36       31      0.391     0.425     0          0          2.1       2.07      0.19      0.23      1.427      1.712       3.183       4.031 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
                                                                                                                                                                                                    
    
    [[Page 50855]]
        Table C-5.--Statistics for Selected Pollutants Reported by Soaps, Detergents, and Cleaning Preparations; Perfumes, Cosmetics, and Other Toilet Preparations Facilities Submitting Part II   
                                                                                          Sampling Datai (mg/L)                                                                                     
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
              Pollutant            # of Facilities    # of Samples            Mean               Minimum             Maximum              Median           95th Percentile        99th Percentile   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
             Sample type            Grab    Compii    Grab     Comp      Grab      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab       Comp       Grab        Comp   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD 5.......................       12       13       19       20     53.2      23.2       0.0        0.0      340.0     108.0      16.0       6.5     286.2       99.8       892.7       253.6  
    COD.........................       12       12       19       19    245.3     132.5      28.0        0.0     1200.0     530.0     120.0      80.0     834.2      486.8      1803.7      1015.5  
    Nitrate + Nitrite Nitrogen..       12       12       19       19      1.40      0.97      0.00       0.0        5.00      4.2       1.16      0.76      5.60       3.17       12.16        5.97 
    Total Kjeldahl Nitrogen.....       12       12       19       19      3.48      2.3       0.80       0.0       11.40      9.0       2.60      1.4       8.90       6.93       14.73       12.2  
    Oil & Grease................       12      N/A       19      N/A      4.6     N/A         0.0      N/A         40.0     N/A         0.0     N/A        21.1      N/A          42.8       N/A    
    pH..........................       12      N/A       19      N/A    N/A       N/A         3.5      N/A          8.0     N/A         7.1     N/A         9.1      N/A          10.5       N/A    
    Total Phosphorus............       12       12       19       19      1.60      0.57      0.02       0.0        9.00      1.9       0.40      0.40      8.93       2.34       28.97        5.20 
    Total Suspended Solids......       13       13       20       20    313       154         6          0.0     1522       880        74        39      1519        633.2      4714        1744    
    Zinc........................        6        6        7        7      1.584     0.941     0.13       0.15       4.8       2.7       0.41      0.26      7.438      3.761      20.20       99.146 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
    
                Table C-6.--Statistics for Selected Pollutants Reported by Paints, Varnishes, Lacquers, Enamels, and Allied Products Facilities Submitting Part II Sampling Data i (mg/L)           
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
             Pollutant            # of Facilities    # of Samples            Mean               Minimum             Maximum              Median           95th Percentile         99th Percentile   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
            Sample type            Grab    Compii    Grab     Comp      Grab      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab        Comp       Grab        Comp   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD 5......................        3        3        3        3      4.7      20.7       0.0       12.0       11.0      36.0       3.0      14.0       21.6       48.5         42.2       72.7  
    COD........................        3        3        3        3     50.3      42.3       0.0        0.0       84.0      72.0      67.0      55.0       94.4       82.8        106.1       95.1  
    Nitrate + Nitrite Nitrogen.        3        3        3        3      0.43      0.53      0.00       0.0        1.20      1.3       0.09      0.28       4.59       2.88        17.50       6.36 
    Total Kjeldahl Nitrogen....        3        3        3        3      1.27      1.56      0.30       0.60       1.90      2.78      1.62      1.30       5.24       4.57        10.52       7.70 
    Oil & Grease...............        3      N/A        3      N/A      4.7     N/A         0.0      N/A          9.6     N/A         4.6     N/A         14.1      N/A           20.6      N/A    
    pH.........................        3      N/A        3      N/A    N/A       N/A         6.7      N/A          7.7     N/A         7.1     N/A          8.0      N/A            8.4      N/A    
    Total Phosphorus...........        3        3        3        3      0.24      0.23      0.22       0.13       0.26      0.30      0.24      0.25       0.28       0.44         0.29       0.59 
    Total Suspended Solids.....        3        3        3        3    433        47.0       4          2.0      824       130       470         9.0    14276        429.9     104964       1815.8  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
                          Table C-7.--Statistics for Selected Pollutants Reported by Agricultural Chemicals Manufacturing Facilities Submitting Part II Sampling Data i (mg/L)                      
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
            Pollutant           # of Facilities    # of Samples            Mean               Minimum               Maximum               Median           95th Percentile        99th Percentile   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
           Sample type           Grab    Compii    Grab     Comp      Grab      Comp      Grab       Comp       Grab        Comp      Grab      Comp       Grab       Comp       Grab        Comp   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD 5....................       17       17       27       27      4.2       6.00      0.0        0.0        13.0       43.5        4.0       4.0      10.6       19.5        15.2        35.9  
    COD......................       17       17       27       27     70.3      45.3       0.0        0.0       400.0      138         55.0      36.0     239.5      166.3       472.2       325.4  
    Nitrate + Nitrite                                                                                                                                                                               
     Nitrogen................       12       12       22       22     43.88     19.47      0.00       0.00      315.00      85.0        3.78      3.86    220.52     119.0       898.55      409.7  
    Total Kjeldahl Nitrogen..       17       17       27       27     75.70     92.1       0.00       0.8      1020.00    1460.0       10.00     12.90    214.61     250.0       710.55      777.61 
    Oil & Grease.............       17      N/A       28      N/A      8.6     N/A         0.0      N/A          95.0      N/A          0.0     N/A        36.6      N/A         121.2       N/A    
    pH.......................       15      N/A        2     5N/A    N/A       N/A         5.3      N/A           7.8      N/A          7.1     N/A         8.0      N/A           8.5       N/A    
    Total Phosphorus.........       17       17       27       27     15.80     54.96      0.13       0.19      110.00     982.0        5.00     11.0      80.24     180.16      252.70      693.3  
    Total Suspended Solids...       17       15       27       25    434       113         0          0        5182        593.0      103        58      1734        510.8      5506        1251.8  
    Iron.....................        4        4        9        9      5.3       3.6       0.6        0.6        22         11          1.8       1.5      19         13.2        42.6        28.3  
    Lead.....................        4        4        6        6      0.094     0.042     0          0           0.167      0.104      0.1       0.03      0.348      0.119       0.652       0.193
    Zinc.....................        5        5       10       10      1.527     0.862     0.075      0.063       7.7        4.2        0.58      0.40      6.997      3.116      19.075       6.915 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
                      Table C-8.--Statistics for Selected Pollutants Reported by Miscellaneous Chemical Products Manufacturing Facilities Submitting Part II Sampling Datai (mg/L)                  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
              Pollutant            # of Facilities          # of Samples           Grab          Minimum             Maximum              Median           95th Percentile        99th Percentile   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
             Sample type            Grab    Compii    Grab     Comp      Mean      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab       Comp       Grab        Comp   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD 5.......................       18       14       26       21    143.2      11.3       0.0        0.0     3420.0      98.0       9.0       6.0     128.6       29.3       353.6        51.4  
    COD.........................       19       15       28       23     70.4      63.3       0.0       19.0      394.0     382.0      42.5      41.0     180.6      150.1       300.5       247.1  
    Nitrate + Nitrite Nitrogen..       19       14       28       22      0.97      1.00      0.00       0.0        4.88      3.12      0.57      0.60      3.37       3.22        6.79        6.18 
    Total Kjeldahl Nitrogen.....       19       15       31       23      1.61      1.34      0.00       0.0        5.50      4.1       1.40      1.10      5.83       4.25       11.27        7.45 
    Oil & Grease................       20      N/A       29      N/A      4.4     N/A         0.0      N/A         23.0     N/A         2.0     N/A        16.8      N/A          32.9       N/A    
    pH..........................       20      N/A       29      N/A    N/A       N/A         4.6      N/A          9.3     N/A         7.3     N/A         9.2      N/A          10.1       N/A    
    Total Phosphorus............       20       15       29       23      0.18      0.11      0.00       0.0        1.63      0.39      0.07      0.10      0.65       0.32        1.29        0.46 
    
    [[Page 50856]]
                                                                                                                                                                                                    
    Total Suspended Solids......       19       15       28       23     50        47.8       0          0.0      415       350        13         8.0     246        220.5       728         687.3  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
    3. Options for Controlling Pollutants
        As required in part 1 of the storm water group permit application, 
    participants were required to provide information regarding existing 
    storm water management practices and controls. Table C-9 below 
    identifies the material management practices for the identified 
    sampling facilities.
    
        Table C-9.--Current Storm Water Management Practices Used by the    
    Chemical and Allied Products Manufacturing Industry (as reported in Part
                          1 of the group applications)i                     
    ------------------------------------------------------------------------
      Subsector                   Current management practices              
    ------------------------------------------------------------------------
    1............  Unloading Boot, Catch Basin, Containment, Covering,      
                    Curbing, Dike Diversion, Housekeeping, Inspection of    
                    Equipment, Infiltration, Oil/Water Separator, Roof,     
                    SPCC, Sump, Storm Water Collector for Water Reuse,      
                    Training, Indoor Storage.                               
    2............  Catch Basin, Covering, Dike, Indoor Storage, Pond, SPCC, 
                    Swale, Vegetation Strip.                                
    3............  Caps on Tank Vents, Concrete Pad, Containment, Covering, 
                    Curbing, Dike, Diversion, Drain, Hazardous Waste        
                    Management, Hazardous Waste Pad, Holding Tank, Indoor   
                    Storage, Infiltration, Pond, Roof, Sealed Drums, SPCC,  
                    Storm Water Collector, Tarp, Vaulted.                   
    4............  Containment, Covering, Dike, Holding Tank, Infiltration, 
                    Pond, Roof Drain, Site Inspection, SPCC, Swale,         
                    Training, Waste Minimization.                           
    5............  Curbing, Dike, Pond, SPCC.                               
    6............  Catch Basin, Covering, Dike, Housekeeping, Indoor        
                    Storage, Infiltration, Oil/Water Separator, Pond, Roof, 
                    Site Inspection, SPCC, Sump, Swale, Sweep, Valves.      
    7............  Absorbent Materials, BMP Plan, Catch Basin, Concrete Pad,
                    Containment, Covering, Curbing, Dike, Drain, Drip Pan,  
                    Housekeeping, Indoor Storage, Infiltration, Oil/Water   
                    Separator, Pond, Roof, Inspection, Sloped Containment,  
                    SPCC, Sump, Swale, Training, Valves.                    
    8............  Catch basin, Containment, Covering, Dike, Indoor Storage,
                    Pond, Roof, Site Inspection, SPCC, Swale, Training.     
    ------------------------------------------------------------------------
    i The information presented in this table was received from part 1 group
      applications for Sector 3.                                            
    
        In order to develop achievable storm water management practices and 
    controls, EPA has evaluated all existing management practices as well 
    as practices developed and implemented under the September 9, 1992, 
    storm water general permit. For a detailed explanation regarding 
    specific storm water controls and management practices, the reader may 
    refer to the pollution prevention plan requirements section below.
    4. Special Conditions
        a. Prohibition of Non-storm Water Discharges. In addition to the 
    discharges prohibited under Part III.A.2 of today's permit, EPA has 
    specified that the following types of discharges are not authorized by 
    this section:
        (1) Inks, paints or substances (hazardous, nonhazardous, etc.) 
    resulting from an onsite spill including materials collected in drip 
    pans.
        (2) Washwaters from material handling and processing areas. This 
    includes areas where containers, equipment, industrial machinery, and 
    any significant materials are exposed to storm water.
        (3) Washwaters from drum, tank or container rinsing and cleaning.
        EPA has included these prohibitions in order to emphasize that 
    spilled materials should be cleaned up and properly disposed, and that 
    washwaters constitute process wastewater and not storm water. These 
    types of discharges contribute excessive amounts of pollutants to water 
    bodies and must be permitted by an NPDES permit for process wastewater, 
    as they are not authorized by this section.
    
     5. Storm Water Pollution Prevention Plan Requirements
    
        a. Contents of the Plan. Today's permit requires that all 
    facilities covered under this section prepare a Drainage and Site Plan. 
    Based on the information contained in the part 1 application, EPA has 
    identified and specified areas where materials are commonly handled. 
    EPA is requiring that the site plan detail the drainage patterns of the 
    runoff and identify the outfall and receiving water body. [Language on 
    site map not included.]
        (1) Description of Potential Pollutant Sources. The Inventory of 
    Exposed Materials as well as Risk Identification and Summary of 
    Potential Pollutants Sources requirements were further defined to avoid 
    confusion. In addition, EPA is requiring that the information submitted 
    in the group application regarding pollutant sources and current 
    management practices be evaluated and considered when developing the 
    plan.
        Measures and Controls. EPA has divided this section of the permit 
    into two parts. The first part addresses nonstructural pollution 
    prevention controls, while the second part addresses structural 
    controls.
        The following requirements were established by EPA under the 
    nonstructural conditions to identify specific practices that must be 
    implemented by all permittees:
        (a) Good Housekeeping--In addition to the information provided in 
    the group application process, EPA conducted a series of inspections to 
    identify areas of concern, materials exposed to storm water and current 
    management practices used by the chemicals and allied products 
    manufacturing industry. EPA also reviewed a series of existing 
    pollution prevention plans that were developed under the requirements 
    of the baseline general permit. Based on this information, EPA is 
    requiring that at a minimum, permittees shall consider establishing the 
    following good housekeeping practices: 
    
    [[Page 50857]]
    
        (i) Schedule regular pickup and disposal of garbage and waste 
    materials or other measures to dispose of waste. This schedule may be 
    included in the plan. Individuals responsible for waste management and 
    disposal should be informed of the procedures established under the 
    plan,
        (ii) Routinely inspect for leaks and conditions of drums, tanks and 
    containers. Ensure that spill cleanup procedures are understood by 
    employees,
        (iii) Keep an up-to-date inventory of all materials present at the 
    facility. While preparing the inventory, all containers should be 
    clearly labeled. Hazardous containers that require special handling, 
    storage, use and disposal considerations should be clearly marked and 
    readily recognizable,
        (iv) Maintain clean ground surfaces by using brooms, shovels, 
    vacuum cleaners or cleaning machines.
        (b) Employee Training--Training should also address procedures for 
    equipment and containers cleaning and washing. The training should 
    emphasize the human hazards and the potential environmental impacts 
    from the discharges of washwaters. In addition, today's permit requires 
    that the pollution prevention plan for chemical and allied products 
    manufacturing facilities identify periodic dates for such training of 
    at least once per year. EPA recommends that facilities conduct training 
    annually at a minimum. However, more frequent training may be necessary 
    at facilities with high turnover of employees or where employee 
    participation is essential to the storm water pollution prevention 
    plan.
        (c) Inspections--Qualified personnel shall conduct quarterly 
    inspections. A wet weather inspection (during a rainfall event) shall 
    be conducted in the second (April to June) and third quarters (July to 
    September) of each year. A dry weather inspection (no precipitation) 
    shall be conducted in the first (January to April) and fourth quarters 
    (October to December).
        However, where a seasonal arid period is sustained for more than 3 
    months, a dry weather inspection will satisfy the wet weather 
    inspection requirement. This requirement will assure that permittees 
    conduct at least one inspection every quarter.
        EPA believes that this requirement will satisfy the requirements of 
    this section by measuring the effectiveness of the pollution prevention 
    plan during dry and wet weather conditions. These inspections will 
    increase awareness and responsibility for storm water pollution. 
    Moreover, conducting these dry and wet weather inspections on a 
    quarterly basis will provide permittees with a tool for evaluating best 
    management practices, structural and nonstructural measures, good 
    housekeeping and spill cleaning procedures, among other pollution 
    prevention activities.
        (d) Facility Security--Facilities should consider evaluating 
    existing security systems such as fencing, lighting, vehicular traffic 
    control, and securing of equipment and buildings and should include 
    existing and new system into the plan to prevent accidental or 
    intentional entry which could cause a discharge of pollutants to waters 
    of the United States.
        (e) Structural Storm Water Management Controls--Under the 
    structural conditions, EPA has identified specific practices that 
    should be considered by all permittees. These structural practices are 
    divided into four activities/areas: material handling and storage; 
    management of runoff; sediment and erosion control; and sampling.
        (f) Practices for Material Handling and Storage Areas--Under 
    material handling and storage, EPA is recommending a series of 
    management practices to minimize materials exposed to precipitation. 
    These areas were selected after evaluation of part 1 data and current 
    practices used by the group participants. For areas where liquid or 
    powdered materials are stored, facilities shall consider providing 
    either diking, curbing, or berms. For all other outside storage areas 
    including storage of used containers, machinery, scrap and construction 
    materials, and pallets, facilities shall consider preventing or 
    minimizing storm water runon to the storage area by using curbing, 
    culverting, gutters, sewers or other forms of drainage control. For all 
    storage areas, roofs, covers or other forms of appropriate protection 
    shall be considered to prevent exposure to weather. In areas where 
    liquid or powdered materials are transferred in bulk from truck or rail 
    cars, permittees shall consider appropriate measures to minimize 
    contact of material with precipitation. Permittees shall consider 
    providing for hose connection points at storage containers to be inside 
    containment areas and drip pans to be used in areas which are not in a 
    containment area, where spillage may occur (e.g., hose reels, 
    connection points with rail cars or trucks) or equivalent measures. In 
    areas of transfer of contained or packaged materials and loading/
    unloading areas, permittees shall consider providing appropriate 
    protection such as overhangs or door skirts to enclose trailer ends at 
    truck loading/unloading docks or an equivalent.
        In order to prevent facilities from discharging contaminated storm 
    water from areas where precipitation is contained, contained areas 
    should be restrained by valves or other positive means to prevent the 
    discharge of a spill or leak. Containment units may be emptied by pumps 
    or ejectors; however, these should be manually activated. Flapper-type 
    drain valves should not be used to drain containment areas. Valves used 
    for the drainage of containment areas should, as far as is practical, 
    be of manual, open-or-closed design. If facility drainage is not 
    engineered as above, the final discharge point of all in-facility 
    sewers should be equipped to prevent the discharge in the event of an 
    uncontrolled spill of materials.
        (g) Management of Runoff--Under management of runoff conditions, 
    EPA is requiring that the plan contain a description of storm water 
    management practices used and/or to be used to divert, infiltrate, 
    reuse, or otherwise manage storm water runoff in a manner that reduces 
    pollutants in storm water discharges from the site.
        (h) Sediment and Erosion Control--For areas with a potential for 
    significant soil erosion, the permittee should describe permanent 
    stabilization practices to be used in order to stabilize disturbed 
    areas. The measures will minimize the amount of sediment materials in 
    the discharge.
        (i) Non-storm Water Discharges--There are no additional 
    requirements beyond those described in Part VI.C of this fact sheet.
        (j) Comprehensive Site Compliance Evaluation--In accordance with 40 
    CFR 122.24(i)(4)(i), EPA has established that comprehensive site 
    compliance evaluations be conducted at least once every year. Members 
    of the pollution prevention team or a qualified professional designated 
    by the team must conduct the evaluation. Requirements for the 
    evaluation are listed under Part VI.C.4 of this fact sheet.
    6. Numeric Effluent Limitations
        a. Phosphate Fertilizer Manufacturing Runoff. Part XI.C.5.a. of 
    today's permit establishes numeric effluent limitations for storm water 
    discharges from facilities identified by SIC 287, the Phosphate 
    Subcategory of the Fertilizer Manufacturing Point Source Category, 
    which are subject to effluent limitations guidelines at 40 CFR Part 
    418. The term contaminated storm water runoff shall mean precipitation 
    runoff, which during manufacturing or processing, comes into incidental 
    contact with any raw 
    
    [[Page 50858]]
    materials, intermediate product, finished product, by-products or waste 
    product. The concentration of pollutants in storm water discharges 
    shall not exceed the following effluent limitations included in Table 
    C-10 below:
    
                                   Table C-10                               
    ------------------------------------------------------------------------
                                                       Effluent limitations 
                                                              (mg/L)        
                                                     -----------------------
                                                                  Average of
                                                                    daily   
                Effluent characteristics               Maximum    values for
                                                      for any 1       30    
                                                         day     consecutive
                                                                  days shall
                                                                  not exceed
    ------------------------------------------------------------------------
    Total Phosphorus (as P).........................      105.0        35.0 
    Fluoride........................................       75.0        25.0 
    ------------------------------------------------------------------------
    
        Facilities with discharges as described above must be in compliance 
    with these effluent limitations upon commencement of coverage and for 
    the entire term of this permit. Discharges that are associated with 
    industrial activities that do not contain runoff from the areas or 
    activities specified above are not subject to the effluent limitation 
    in Table C-10 above.
    7. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. EPA believes that chemical 
    manufacturing facilities may reduce the level of pollutants in storm 
    water runoff from their sites through the development and proper 
    implementation of the storm water pollution prevention plan 
    requirements discussed in today's permit. Under the revised methodology 
    for determining pollutants of concern for the various industrial 
    sectors, four subsectors in the chemical and allied products 
    manufacturing sector must monitor their storm water discharges. The 
    monitoring requirements are presented in Tables C-11, C-12, C-13, and 
    C-14 for agricultural chemical manufacturing facilities; industrial 
    inorganic chemical facilities; soaps, detergents, cosmetics, and 
    perfume manufacturing facilities; and plastics, synthetics, and resin 
    manufacturing facilities. The pollutants listed in Tables C-11, C-12, 
    C-13, and C-14 were found to be above benchmark levels. Because these 
    pollutants have been reported at benchmark levels from agricultural 
    chemical facilities; industrial inorganic chemical facilities; soaps, 
    detergents, synthetics, and resin manufacturing facilities, EPA is 
    requiring monitoring after the pollution prevention plan has been 
    implemented to assess the effectiveness of the pollution prevention 
    plan and to help ensure that a reduction of pollutants is realized.
        Under the Storm Water Regulations at 40 CFR 122.26(b)(14), EPA 
    defined ``storm water discharge associated with industrial activity''. 
    The focus of today's permit is to address the presence of pollutants 
    that are associated with the industrial activities identified in this 
    definition and that might be found in storm water discharges. Under the 
    methodology for determining analytical monitoring requirements, 
    described in section VI.E.1 of this fact sheet, nitrate plus nitrite 
    nitrogen is above the bench mark concentrations for the plastics, 
    synthetics, and resins subsector. After a review of the nature of 
    industrial activities and the significant materials exposed to storm 
    water described by facilities in this subsector, EPA has determined 
    that the higher concentrations of nitrate plus nitrite nitrogen are not 
    likely to be caused by the industrial activity, but may be primarily 
    due to non-industrial activities on-site. Today's permit does not 
    require plastics, synthetics, and resins facilities to conduct 
    analytical monitoring for this parameter.
        At a minimum, storm water discharges from agricultural chemical 
    facilities; industrial inorganic chemical facilities; soaps, 
    detergents, cosmetics, and perfume manufacturing facilities; and 
    plastics, synthetics, and resin manufacturing facilities must be 
    monitored quarterly during the second year of permit coverage. Samples 
    must be collected at least once in each of the following periods: 
    January through March; April through June; July through September; and 
    October through December. At the end of the second year of permit 
    coverage, a facility must calculate the average concentration for each 
    parameter listed in Tables C-11, C-12, C-13, and C-14. If the permittee 
    collects more than four samples in this period, then they must 
    calculate an average concentration for each pollutant of concern for 
    all samples analyzed.
    
           Table C-11.--Agricultural Chemicals Monitoring Requirements      
    ------------------------------------------------------------------------
                                                               Cut-off      
                   Pollutants of concern                    concentration   
    ------------------------------------------------------------------------
    Nitrate plus Nitrite Nitrogen.....................  0.68 mg/L           
    Total Recoverable Lead............................  0.0816 mg/L         
    Total Recoverable Iron............................  1.0 mg/L            
    Total Recoverable Zinc............................  0.065 mg/L          
    Phosphorus........................................  2.0 mg/L            
    ------------------------------------------------------------------------
    
    
       Table C-12.--Industrial Inorganic Chemicals Monitoring Requirements  
    ------------------------------------------------------------------------
                                                               Cut-off      
                   Pollutants of concern                    concentration   
    ------------------------------------------------------------------------
    Total Recoverable Aluminum........................  0.75 mg/L           
    Total Recoverable Iron............................  1.0 mg/L            
    Nitrate plus Nitrite Nitrogen.....................  0.68 mg/L           
    ------------------------------------------------------------------------
    
    
       Table C-13.--Soaps, Detergents, Cosmetics, and Perfumes Monitoring   
                                  Requirements                              
    ------------------------------------------------------------------------
                                                               Cut-off      
                   Pollutants of concern                    concentration   
    ------------------------------------------------------------------------
    Nitrate plus Nitrite Nitrogen.....................  0.68 mg/L           
    Total Recoverable Zinc............................  0.065 mg/L          
    ------------------------------------------------------------------------
    
    
                                                                            
    
    [[Page 50859]]
      Table C-14.--Plastics, Synthetics, and Resin Manufacturing Monitoring 
                                  Requirements                              
    ------------------------------------------------------------------------
                                                               Cut-off      
                   Pollutants of concern                    concentration   
    ------------------------------------------------------------------------
    Total Recoverable Zinc............................  0.065 mg/L          
    ------------------------------------------------------------------------
    
    
    
        If the average concentration for a parameter is less than or equal 
    to the cut-off concentration, then the permittee is not required to 
    conduct quantitative analysis for that parameter during the fourth year 
    of the permit. If, however, the average concentration for a parameter 
    is greater than the cut-off concentration, then the permittee is 
    required to conduct quarterly monitoring for that parameter during the 
    fourth year of permit coverage. Monitoring is not required during the 
    first, third, and fifth year of the permit. The exclusion from 
    monitoring in the fourth year of the permit is conditional on the 
    facility maintaining industrial operations and BMPs that will ensure a 
    quality of storm water discharges consistent with the average 
    concentrations recorded during the second year of the permit. The 
    schedule for monitoring is presented in Table C-15.
    
                       Table C-15.--Schedule of Monitoring                  
    ------------------------------------------------------------------------
                                                                            
    ------------------------------------------------------------------------
    2nd Year of Permit          Conduct quarterly monitoring.       
     Coverage.                                                              
                                Calculate the average concentration 
                                for all parameters analyzed during this     
                                period.                                     
                                If average concentration is greater 
                                than the value listed in Tables C-11, C-12, 
                                C-13, and C-14, then quarterly sampling is  
                                required during the fourth year of the      
                                permit.                                     
                                If average concentration is less    
                                than or equal to the value listed in Tables 
                                C-11, C-12, C-13, and C-14, then no further 
                                sampling is required for that parameter.    
    4th Year of Permit          Conduct quarterly monitoring for any
     Coverage.                  parameter where the average concentration in
                                year 2 of the permit is greater than the    
                                value listed in Tables C-11, C-12, C-13, and
                                C-14.                                       
                                If industrial activities or the     
                                pollution prevention plan have been altered 
                                such that storm water discharges may be     
                                adversely affected, quarterly monitoring is 
                                required for all parameters of concern.     
    ------------------------------------------------------------------------
    
        In cases where the average concentration of a parameter exceeds the 
    cut-off concentration, EPA expects permittees to place special emphasis 
    on methods for reducing the presence of those parameters in storm water 
    discharges. Quarterly monitoring in the fourth year of the permit will 
    be used to reassess the effectiveness of the adjusted pollution 
    prevention plan.
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly chemical sampling.
        (b). Alternative Certification. Throughout today's permit, EPA has 
    included monitoring requirements for facilities which the Agency 
    believes have the potential for contributing significant levels of 
    pollutants to storm water discharges. The alternative certification 
    described below is necessary to ensure that monitoring requirements are 
    only imposed on those facilities that do, in fact, have storm water 
    discharges containing pollutants at concentrations of concern. EPA has 
    determined that if materials and activities are not exposed to storm 
    water at the site, then the potential for pollutants to contaminate 
    storm water discharges does not warrant monitoring.
        Therefore, a discharger is not subject to the monitoring 
    requirements of this Part provided the discharger makes a certification 
    for a given outfall or on a pollutant-by-pollutant basis in lieu of 
    monitoring described in Tables C-11, C-12, C-13, and C-14, that 
    material handling equipment or activities, raw materials, intermediate 
    products, final products, waste materials, by-products, industrial 
    machinery or operations, significant materials from past industrial 
    activity, and that are located in areas of the facility that are within 
    the drainage area of the outfall are not presently exposed to storm 
    water and will not be exposed to storm water for the certification 
    period. Such certification must be retained in the storm water 
    pollution prevention plan and submitted to EPA in lieu of monitoring 
    reports required under paragraph c. below. The permittee is required to 
    complete any and all sampling until the exposure is eliminated. If the 
    facility is reporting for a partial year, the permittee must specify 
    the date exposure was eliminated. If the permittee is certifying that a 
    pollutant was present for part of the reporting period, nothing 
    relieves the permittee from the responsibility to sample that parameter 
    up until the exposure was eliminated and it was determined that no 
    significant materials remained. This certification option is not 
    applicable to compliance monitoring requirements associated with 
    effluent limitations. EPA does not expect facilities to be able to 
    exercise this certification for indicator parameters, such as TSS and 
    BOD.
        c. Reporting Requirements. Permittees are required to submit all 
    monitoring results obtained during the second and fourth year of permit 
    coverage within 3 months of the conclusion of each year. For each 
    outfall, one signed Discharge Monitoring Report Form must be submitted 
    to the Director per storm event sampled. For facilities conducting 
    monitoring beyond the minimum requirements, an additional signed 
    Discharge Monitoring Report Form must be filed for each analysis. The 
    permittee must include a measurement or estimate of the total 
    precipitation, volume of runoff, and peak flow rate of runoff for each 
    storm event sampled.
        d. Sample Type. All discharge data shall be reported for grab 
    samples. All such samples shall be collected from the discharge 
    resulting from a storm event that is greater than 0.1 inches in 
    magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. The required 
    72-hour storm event interval is waived where the preceding measurable 
    storm event did not result in a measurable discharge from the facility. 
    The required 72-hour storm event interval may also be waived where the 
    permittee documents that less than a 72-hour interval is representative 
    for local storm events during the season when sampling is being 
    conducted. The grab sample shall be taken during the first 30 
    
    [[Page 50860]]
    minutes of the discharge. If the collection of a grab sample during the 
    first 30 minutes is impracticable, a grab sample can be taken during 
    the first hour of the discharge, and the discharger shall submit with 
    the monitoring report a description of why a grab sample during the 
    first 30 minutes was impracticable.
        If storm water discharges associated with industrial activity 
    commingle with process or nonprocess water, then where practicable, 
    permittees must attempt to sample the storm water discharge before it 
    mixes with the non-storm water discharge.
        e. Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluent. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        f. Compliance Monitoring Requirements. Today's permit requires 
    permittees with phosphate fertilizer manufacturing facilities with 
    contaminated storm water discharges to monitor for the presence of 
    phosphorus and fluoride. These monitoring requirements are necessary to 
    evaluate compliance with the numeric effluent limitation for these 
    discharges. Monitoring shall be performed upon a minimum of one grab 
    sample. All samples shall be collected from the discharge resulting 
    from a storm event that is greater than 0.1 inches in magnitude and 
    that occurs at least 72 hours from the previously measurable (greater 
    than 0.1 inch rainfall) storm event. The grab sample shall be taken 
    during the first 30 minutes of the discharge. If the collection of a 
    grab sample during the first 30 minutes is impracticable, a grab sample 
    can be taken during the first hour of the discharge, and the discharger 
    shall submit with the monitoring report a description of why a grab 
    sample during the first 30 minutes was impracticable. Monitoring 
    results shall be submitted on Discharge Monitoring Report Form(s) 
    postmarked no later than the 31st day of the month following collection 
    of the sample. Facilities which discharge through a large or medium 
    municipal separate storm sewer system (systems serving a population of 
    100,000 or more) must also submit signed copies of discharge monitoring 
    reports to the operator of the municipal separate storm sewer system. 
    Alternative Certification provisions described in Section XI.C.5 of the 
    permit do not apply to facilities subject to compliance monitoring 
    requirements in this section. Compliance monitoring is required at 
    least annually for discharges subject to effluent limitations. 
    Therefore, EPA cannot permit a facility to waive compliance monitoring.
        Phosphate fertilizer manufacturing facilities are not required to 
    collect and analyze separate samples for the presence of total 
    phosphorus to satisfy the Compliance Monitoring requirements of Section 
    XI.C.6.c. during a year in which the facilities have collected and 
    analyzed samples for total phosphorus in accordance with the Analytical 
    Monitoring Requirements of Section XI.C.6.a. The results of all 
    Analytical Monitoring analyses may be reported as Compliance Monitoring 
    results in accordance with Section XI.C.5.d.(3) where the monitoring 
    methodologies are consistent.
        g. Quarterly Visual Examination of Storm Water Quality. Chemical 
    and allied products manufacturing facilities shall perform and document 
    a visual examination of a storm water discharge associated with 
    industrial activity from each outfall, except discharges exempted 
    below. The examination(s) must be made at least once in each of the 
    following 3-month periods: January through March, April through June, 
    July through September, and October through December. The examination 
    shall be made during daylight hours unless there is insufficient 
    rainfall or snow melt to produce a runoff event.
        (1) Examinations shall be made of grab samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    1 hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual should carry out the collection and 
    examination of discharges for entire permit term.
        (2) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (3) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfall and report that the examination data also applies 
    to the substantially identical outfall(s) provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (4) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examinations. Adverse weather conditions that may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.). EPA realizes that if a facility is inactive and 
    
    [[Page 50861]]
    unstaffed it may be difficult to collect storm water discharge samples 
    when a qualifying event occurs. Today's final permit has been revised 
    so that inactive, unstaffed facilities can exercise a waiver of the 
    requirement to conduct quarterly visual examination.
    
    D. Storm Water Discharges Associated With Industrial Activity From 
    Asphalt Paving and Roofing Materials Manufacturers and Lubricant 
    Manufacturers
    
    1. Discharges Covered Under This Section
        On November 16, 1990 (55 FR 47990), EPA promulgated the regulatory 
    definition of ``storm water discharges associated with an industrial 
    activity.'' This definition includes point source discharges of storm 
    water from eleven major categories of facilities, including facilities 
    commonly identified by Standard Industrial Classification (SIC) 29. 
    Today's permit only covers storm water discharges associated with 
    industrial activities at facilities which manufacture asphalt paving 
    mixtures and blocks (SIC code 2951), asphalt felts and coatings (SIC 
    code 2952), and lubricating oils and greases (SIC code 2992). 
    Hereinafter, facilities with primary SIC codes 2951 or 2952 will be 
    referred to as ``Asphalt Facilities,'' and facilities with primary SIC 
    code 2992 as ``Lubricant Manufacturers.''
        Section XI.D of today's permit does not apply to renderers of fats 
    and oils, petroleum refining facilities or to oil recycling facilities. 
    Petroleum refining facilities are not eligible for coverage under 
    today's permit, because these types of facilities did not participate 
    in the group application process. Renderers of fats and oils are 
    covered under Section XI.U of today's permit. Oil recycling facilities 
    are covered under Section XI.N of today's permit. These facilities are 
    more appropriately grouped with the liquid waste recyclers covered 
    under Section XI.N.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        This section is applicable to storm water discharges from portable 
    plants. Although portable plants were not included in the group 
    application process the significant materials and industrial activities 
    conducted at these facilities are sufficiently similar to permanent 
    facilities to allow coverage. This section is applicable to storm water 
    discharges from portable plants, with the condition that a new Notice 
    of Intent (NOI) be submitted for each location and the pollution 
    prevention plan be revised accordingly with each change in location.
        a. Industry Profile. Presented below are brief descriptions of the 
    industrial activities associated with asphalt facilities and lubricant 
    manufacturers. Table D-1 shows some common significant materials 
    exposed at these types of facilities.
    
                             Table D-1.--Activities, Pollutant Sources, and Pollutants i, ii                        
    ----------------------------------------------------------------------------------------------------------------
               Activity                              Pollutant source                            Pollutant          
    ----------------------------------------------------------------------------------------------------------------
                                         Asphalt Paving Manufacturing Facilities                                    
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    Material Storage and Handling.  Additives, asphalt, asphalt cement, asphalt        TSS, Oil and Grease, pH, COD.
                                     concrete, asphalt products, asphalt release                                    
                                     agents, crushed stone, fuel, granite, granules,                                
                                     gravel, limestone, lubricants, mineral spirits,                                
                                     oil, quartzite rock, reclaimed asphalt pavement                                
                                     (RAP), sand, sandstone, slag.                                                  
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                                         Asphalt Roofing Material Manufacturers                                     
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    Material Storage and Handling.  Mineral spirits, asphalt, asphalt cutbacks,        TSS, Oil and Grease, pH and  
                                     asphalt shingles, limestone, sand, slag, asphalt   COD.                        
                                     rolls, asphalt felt, talc oil and fuel.                                        
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                                                 Lubricant Manufacturers                                            
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    Material Storage and Handling.  Oils, waste solvents, petroleum distillates,       Oil and Grease, pH, TSS.     
                                     lubricants, chemical additives.                                                
    ----------------------------------------------------------------------------------------------------------------
    i Storm water group applications, parts 1 and 2.                                                                
    ii EPA. Development Document on Paving and Roofing Materials (EPA 440/1-74/049).                                
    
        (1) Manufacturers of Asphalt Paving Mixtures and Blocks (SIC 2951). 
    Manufacturers classified in SIC 2951 store purchased asphalt in above 
    ground tanks. They stockpile a variety of raw materials such as sand, 
    gravel, crushed limestone, and recycled asphalt products (RAP). These 
    facilities produce asphalt concrete, and may also mold and cure asphalt 
    concrete products such as asphalt blocks. There are two types of 
    facilities associated with these activities, batch plants and drum 
    plants.
        Batch plants receive aggregate (sand, stone, limestone, gravel, 
    etc.) in bulk by rail or truck. The aggregate is usually stockpiled 
    outside. It is then transported by a conveyor or front-end loader to a 
    rotary drier. When dried and heated the aggregate is transported to a 
    screening unit which separates the aggregate into various sizes and 
    deposits the graded aggregate into hot storage bins. Aggregate and 
    mineral filler are then weighed and transported to a mixing unit or pug 
    mill where they are mixed with heated asphalt cement to produce asphalt 
    concrete. The resulting asphalt concrete is either stored in a heated 
    silo or loaded directly onto trucks for transport to the job site.
        At drum (cold feed) plants a measured amount of aggregate is placed 
    in the drum where it is dried and heated. Heated asphalt cement is 
    added to the 
    
    [[Page 50862]]
    same drum and mixed with the aggregate to produce asphalt concrete. The 
    hot asphalt concrete produced by this process then goes to a surge bin 
    or silo for storage until it is loaded onto trucks for delivery.
        Hot-mix asphalt plants are often portable. There are three types of 
    portable plants: portable, permanent, and semipermanent. Portable 
    plants move from site to site, and the significant materials and 
    equipment are removed upon completion of the job or project. Portable 
    plants remain at a site anywhere from several days to several months. 
    Permanent portable plants remain at a site on a permanent basis.
        Like portable plants, semipermanent plants move from site to site. 
    They differ, however, in that they return to locations on a recurring 
    basis. Significant materials such as aggregate piles remain at the site 
    while the plant is operating elsewhere. For the purposes of this 
    section, semipermanent plants will be referred to as permanent plants, 
    given that the effect on runoff from significant materials will 
    essentially be the same at both sites. `Asphalt facilities' includes 
    both permanent and portable plants unless specified otherwise.
        Facilities which manufacture asphalt concrete block feed the 
    asphalt/aggregate mixture into a block molding machine where the mix is 
    rammed, pressed or vibrated into its final form. The product is then 
    stacked and allowed to cure.
        (2) Manufacturers of Roofing Materials (SIC 2952). Manufacturers 
    classified in standard industrial code 2952 typically produce bitumen-
    based roofing products such as asphalt shingles, built-up roofing 
    (BUR), modified bitumen sheet material, asphalt saturated felts and 
    bitumen-based root coatings, mastics and cements.
        The typical manufacturing of bitumen based roofing products, such 
    as shingles, BUR, modified bitumen sheet materials and asphalt 
    saturated felt is a continuous stationary process performed on a 
    roofing machine that begins with a roll of base material such as 
    fiberglass mat, polyester or organic felt, coated or saturated with an 
    asphalt or blend, surfaced with mineral granules, and concludes with a 
    finished product. The sequence of indoor operations builds the product 
    up in stages, adding different raw materials along the way and 
    monitoring their application.
        Bitumen-based coatings, mastics and cements are produced inside in 
    a stationary process mixing raw materials received in bulk and 
    containers and blended into finished batches of product. ``Batch 
    processing'' is the common production method relying on the same piece 
    of equipment in manufacturing a variety of products. The products are 
    packaged in containers or stored for bulk shipment.
        (3) Manufacturers of Lubricating Oils and Greases (SIC 2992). 
    Facilities primarily engaged in blending, compounding, and re-refining 
    lubricating oils and greases from purchased mineral, animal, and 
    vegetable materials are identified as SIC code 2992. SIC code 2992 
    includes manufacturers of metalworking fluids, cutting oils, gear oils, 
    hydraulic brake fluid, transmission fluid, and other automotive and 
    industrial oil and greases.
        Raw materials for SIC code 2992 facilities are typically petroleum 
    or synthetic-based stocks and various additives. The majority of 
    lubricating manufacturers store base stocks and chemical additives in 
    tank farms or 55-gallon drums. SIC code 2992 facilities do not 
    manufacture these raw materials, but rather blend and compound them to 
    produce the product. Raw materials are proportioned according to the 
    type of lubricant being produced.
        ``Batch processing'' is the common production method relying on the 
    same piece of equipment in manufacturing a variety of products. For 
    example, in one ``batch'' a facility may combine the petroleum base 
    stock with additive X in a 10,000 gallon blending tank to produce 
    product ``A.'' Using the same blending tank, the next ``batch'' is a 
    mixture of the base stock and additive Y to produce product ``B.'' 
    Batch processing allows facilities to manufacture a variety of 
    products. Some facilities, however, tend to specialize in producing a 
    particular type of lubricant (e.g., solid, synthetic, or water-based), 
    often to meet the demands of a specific industry.
        Finished products are packaged in containers or stored for bulk 
    shipment. Almost all facilities have shipping and receiving areas and 
    are involved with marketing and interstate distribution of their 
    products. Most facilities have immediate access roads or rail lines at 
    their facility sites.
    2. Pollutants in Storm Water Discharges Associated With Asphalt 
    Facilities and Lubricant Manufacturers.
        Impacts caused by storm water discharges from asphalt facilities 
    and lubricant manufacturers will vary. Several factors influence to 
    what extent significant materials from these types of facilities and 
    processing operations may affect water quality. Such factors include: 
    geographic location; hydrogeology; the type of industrial activity 
    occurring outside (e.g., material storage, loading and unloading); the 
    type of material stored outside (e.g., asphalt, aggregate, limestone, 
    oil, etc.); the size of the operation; and type, duration, and 
    intensity of precipitation events. These and other factors will 
    interact to influence the quantity and quality of storm water runoff. 
    For example, air emissions (i.e., settled dust) may be a significant 
    source of pollutants at some facilities, while materials storage is a 
    primary source at others. In addition, sources of pollutants other than 
    storm water, such as illicit connections,38 spills, and other 
    improperly dumped materials, may increase the pollutant loadings 
    discharged into waters of the United States.
    
        \38\ Illicit connections are contributions of unpermitted non-
    storm water discharges to storm sewers from any of a number of 
    sources including sanitary sewers, industrial facilities, commercial 
    establishments, or residential dwellings. The probability of illicit 
    connections at mineral mining and processing facilities is low yet 
    it still may be applicable at some operations.
    ---------------------------------------------------------------------------
    
        Based on group application information and data, EPA has identified 
    the storm water pollutants and sources resulting from asphalt 
    facilities and lubricant manufacturers in Tables D-2 and D-3.
        Based on the wide variety of industrial activities and significant 
    materials at the facilities included in this sector, EPA believes it is 
    appropriate to divide the asphalt paving and roofing materials 
    manufacturers and lubricating oils and greases manufacturers industry 
    into 2 subsectors to properly analyze sampling data and determine 
    monitoring requirements. As a result, this sector has been divided into 
    the following subsectors: asphalt paving and roofing materials and 
    lubricating oils and greases manufacturers. The tables below include 
    data for the eight pollutants that all facilities were required to 
    monitor under Form 2F.
    
                                                                                                                    
    
    [[Page 50863]]
                    Table D-2.--Statistics for Selected Pollutants Reported by Asphalt Paving and Roofing Materials Manufacturing Facilities Submitting Part II Sampling Datai (mg/L)               
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                       No. of        No. of samples           Mean               Minimum             Maximum              Median           95th Percentile        99th Percentile   
                                     facilities    -------------------------------------------------------------------------------------------------------------------------------------------------
        PollutantSample type     ------------------                                                                                                                                                 
                                    Grab    Compii    Grab     Comp      Grab      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab       Comp       Grab        Comp   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD\5\......................       25       22       45       41     52.5      13.9       0.0        0.0     1220.0     161.0       8.0       5.0     101.2       42.8       256.1        89.3  
    COD.........................       26       22       46       40    232.4     207.8       0.0        0.0     2740.0    1880.0      83.5      70.5     800.5      903.4      1897.7      2343.1  
    Nitrate + Nitrite Nitrogen..       26       22       46       41      1.02      0.84      0.00       0.0       19.0      12.0       0.44      0.41      3.43       2.15        8.17        4.08 
    Total Kjeldahl Nitrogen.....       25       22       45       39      2.24      1.74      0.00       0.0       19.00     18.0       1.10      0.88      6.75       4.79       13.22        9.19 
    Oil & Grease................       27      N/A       47      N/A      5.5     N/A         0.0      N/A         78.0     N/A         1.3     N/A        21.8      N/A          49.9       N/A    
    pH..........................       27      N/A       47      N/A    N/A       N/A         2.4      N/A          9.6     N/A         7.2     N/A        10.1      N/A          11.8       N/A    
    Total Phosphorus............       25       22       45       41      0.49      0.51      0.00       0.0        3.90      4.30      0.14      0.19      2.06       1.56        5.22        3.38 
    Total Suspended Solids......       25       22       45       41    669       509.6       0          0.0     8050      3320       286       145      3570       3421       12103      13860     
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
    
                             Table D-3.--Statistics for Selected Pollutants Reported by (Lubricant Oils and Greases Manufacturers) Submitting Part II Sampling Datai (mg/L)                         
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                               No. of        No. of samples          Mean              Minimum            Maximum             Median          95th Percentile      99th Percentile  
                                             facilities    -----------------------------------------------------------------------------------------------------------------------------------------
            PollutantSample type         ------------------                                                                                                                                         
                                            Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp     Grab      Comp     Grab      Comp      Grab      Comp       Grab       Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD 5...............................       13        8       15       10     10.7       6.70      0.0       0.0     47.0      22.0      4.0       4.0      36.5      22.52      75.2       40.87
    COD.................................       15       10       17       12    108.7      57.66     10.0      10.0    905.0     142.6     42.0      55.1     303.0     175.5      622.2      314.1 
    Nitrate + Nitrite Nitrogen..........       13        8       15       10      0.64      0.77      0.00      0.0      2.63     2.43      0.21      0.30      5.01      2.88      17.2        5.83
    Total Kjeldahl Nitrogen.............       15        9       17       11      1.76      1.24      0.00     0.19      7.98      3.0      1.10      1.10      5.17      3.86       9.43       6.86
    Oil & Grease........................       16      N/A       18      N/A      7.8     N/A         0.0       N/A     55.0       N/A      2.0     N/A        32.7     N/A         82.2      N/A   
    pH..................................       14      N/A       16      N/A    N/A       N/A         5.7       N/A      7.9       N/A      7.1     N/A         8.0     N/A          8.6      N/A   
    Total Phosphorus....................       15       10       17       12      0.41      0.28      0.00     0.01      3.66     1.28      0.11      0.14      1.30      1.23       3.03       3.18
    Total Suspended Solids..............       15       10       17       12    271       206         0           2   3870        2130     20        28       696       592       2912      2283    
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    3. Options for Controlling Pollutants
        In evaluating options for controlling pollutants in storm water 
    discharges, EPA must achieve compliance with the technology-based 
    standards of the Clean Water Act [Best Available Technology (BAT) and 
    Best Conventional Technology (BCT)]. This section establishes 
    requirements for the development and implementation of a site-specific 
    storm water pollution prevention plan consisting of a set of BMPs that 
    are sufficiently flexible to address different sources of pollutants at 
    different sites.
        Two types of BMPs which may be implemented to prevent, reduce or 
    eliminate pollutants in storm water discharges are those which minimize 
    exposure (e.g., covering, curbing, or diking) and treatment type BMPs 
    which are used to reduce or remove pollutants in storm water discharges 
    (e.g., oil/water separators, sediment basins, or detention ponds). EPA 
    believes exposure minimization is an effective practice for reducing 
    pollutants in storm water discharges from asphalt facilities and 
    lubricant manufacturers. Exposure minimization practices lessen the 
    potential for storm water to come in contact with pollutants. These 
    methods are often uncomplicated and inexpensive. They can be easy to 
    implement and require little or no maintenance. EPA also believes that 
    in some instances more resource intensive treatment type BMPs are 
    appropriate to reduce pollutant levels such as suspended solids and 
    oil/grease in storm water discharges associated with asphalt facilities 
    or lubricant manufacturers. Though these BMPs are somewhat more 
    resource intensive, they can be effective in reducing pollutant loads 
    and may be necessary depending on the type of discharge, types and 
    concentrations of contaminants, and volume of flow.
        Table D-4 lists some BMPs which may be effective in limiting the 
    amount of pollutants in storm water discharges from asphalt facilities 
    and lubricant manufacturers. Based on part 1 information, several of 
    the BMPs suggested are already in place at many of the facilities. Part 
    1 submittals indicate that diking, curbing, or other types of diversion 
    occur at approximately 57 percent of the facilities. Some form of 
    covering is used as a BMP at 25 percent of the facilities, and 
    detention ponds are in place at 19 percent of the facilities. In 
    addition, 38 percent of the facilities submitting part 1 information 
    reported they had a Spill Prevention Control and Countermeasure Plan in 
    place.
    
      Table D-4.--Measures to Control Pollutants in Storm Water Discharges  
               From Asphalt Facilities and Lubricant Manufacturers          
    ------------------------------------------------------------------------
             Activity                          Suggested BMPs               
    ------------------------------------------------------------------------
    Material Storage,          Cover material storage and handling areas    
     Handling, and Processing.  with an awning, tarp or roof.               
                               Practice good stockpiling practices such as: 
                                storing materials on concrete or asphalt    
                                pads; surrounding stockpiles with diversion 
                                dikes or curbs; and revegetating areas used 
                                for stockpiling in order to slow runoff.    
                               Use curbing, diking or channelization around 
                                material storage, handling and processing   
                                areas to divert runon around areas where it 
                                can come into contact with material stored  
                                or spilled on the ground.                   
                               Utilize secondary containment measures such  
                                as dikes or berms around asphalt storage    
                                tanks and fuel oil tanks.                   
    
    [[Page 50864]]
                                                                            
                               Use dust collection systems (i.e., baghouses)
                                to collect airborne particles generated as a
                                result of material handling operations or   
                                aggregate drying.                           
                               Properly dispose of waste materials from dust
                                collection systems and other operations.    
                               Remove spilled material and dust from paved  
                                portions of the facility by shoveling and   
                                sweeping on a regular basis.                
                               Utilize catch basins to collect potentially  
                                contaminated storm water.                   
                               Implement spill plans to prevent contact of  
                                runoff with spills of significant materials.
                               Clean material handling equipment and        
                                vehicles to remove accumulated dust and     
                                residue.                                    
                               Use a detention pond or sedimentation basin  
                                to reduce suspended solids.                 
                               Use an oil/water separator to reduce the     
                                discharge of oil/grease.                    
    ------------------------------------------------------------------------
    
    
    
    4. Storm Water Pollution Prevention Plan Requirements
        EPA believes that pollution prevention is the most effective 
    approach for controlling contaminated storm water discharges from 
    asphalt facilities and lubricant manufacturers. Pollution prevention 
    plans allow the operator of a facility to select BMPs based on site-
    specific considerations such as: facility size, climate, geographic 
    location, hydrogeology, the environmental setting of each facility, and 
    volume and type of discharge generated. This flexibility is necessary 
    because each facility will be unique in that the source, type and 
    volume of contaminated surface water discharges will differ from site 
    to site.
        All facilities subject to this section must prepare and implement a 
    storm water pollution prevention plan. The establishment of a pollution 
    prevention plan requirement reflects EPA's decision to allow operators 
    of asphalt facilities and lubricant manufacturers to utilize BMPs as 
    the BAT/BCT level of control for the storm water discharges covered by 
    this section. The requirements included in pollution prevention plans 
    provide a flexible framework for the development and implementation of 
    site specific controls to minimize pollutants in storm water 
    discharges. This is consistent with the approach in EPA's storm water 
    baseline general permits finalized on September 9, 1992 (57 FR 41236).
        There are two major objectives to a pollution prevention plan: (1) 
    To identify sources of pollution potentially affecting the quality of 
    storm water discharges associated with industrial activity from a 
    facility; and (2) to describe and ensure implementation of practices to 
    minimize and control pollutants in storm water discharges associated 
    with industrial activity from a facility. Specific requirements for a 
    pollution prevention plan for asphalt facilities and lubricant 
    manufacturers are described below. These requirements must be 
    implemented in addition to the baseline pollution prevention plan 
    provisions discussed previously.
        a. Description of Potential Pollution Sources. There are no 
    additional requirements beyond those described in Part VI.C.2. of this 
    fact sheet.
        b. Measures and Controls. There are no additional requirements 
    beyond those described in Part VI.C.3. of this fact sheet.
        c. Comprehensive Site Compliance Evaluation. The storm water 
    pollution prevention plan must describe the scope and content of 
    comprehensive site evaluations that qualified personnel will conduct 
    to: (1) Confirm the accuracy of the description of potential pollution 
    sources contained in the plan; (2) determine the effectiveness of the 
    plan, and (3) assess compliance with the terms and conditions of 
    today's permit.
        Comprehensive site compliance evaluations shall be conducted at 
    least once a year for asphalt facilities and lubricant manufacturers. 
    The individual or individuals who will conduct the evaluations must be 
    identified in the plan and should be members of the pollution 
    prevention team. Inspection reports must be retained for at least 3 
    years after the date of the evaluation.
        Comprehensive site compliance evaluations shall be conducted at 
    least once a year at portable plant locations. Such evaluations shall 
    be conducted at least once at portable plant locations that are not in 
    operation a full year.
        Based on the results of each evaluation, the description of 
    potential pollution sources, and measures and controls, the plan must 
    be revised as appropriate within 2 weeks after each evaluation. Changes 
    in the measures and controls must be implemented on the site in a 
    timely manner, but no later than 12 weeks after completion of the 
    evaluation.
        For portable plants, the plan must be revised as appropriate as 
    soon as possible, but no later than 2 weeks after each evaluation. Two 
    weeks is adequate time for portable plants to modify their plans due to 
    the simpler and smaller nature of these operations in comparison to 
    permanent facilities.
    5. Numeric Effluent Limitations
        In addition to the numeric effluent limitations established under 
    Part V.B, part XI.D.4 of today's permit includes numeric effluent 
    limitations for storm water discharges resulting from the production of 
    asphalt paving and roofing emulsions. Discharges from areas where 
    production of asphalt paving and roofing emulsions occurs may not 
    exceed a TSS concentration of 23.0 mg/L of runoff for any one day, nor 
    shall the average of daily values for 30 consecutive days exceed a TSS 
    concentration of 15.0 mg/L of runoff. Oil and grease concentrations in 
    storm water discharges from these areas may not exceed 15.0 mg/L of 
    runoff for any 1 day, nor should the average daily values for 30 
    consecutive days exceed an oil and grease concentration of 10.0 mg/L of 
    runoff. The pH of these discharges must be within the range of 6.0 to 
    9.0. Facilities with such discharges must be in compliance with these 
    effluent limitations upon commencement of coverage and for the entire 
    term of the permit. These effluent limitations are in accordance with 
    40 CFR 443.12 and 40 CFR 443.13, Effluent Guidelines and Standards, 
    Paving and Roofing Materials Point Source Category, Asphalt Emulsion 
    Subcategory. These limitations represent the degree of effluent 
    reduction attainable by the application of best practicable control 
    technology and best available technology.
    6. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. Under the revised 
    methodology for determining pollutants of concern for the various 
    industrial sectors, only asphalt paving and roofing 
    
    [[Page 50865]]
    materials manufacturers are required to perform analytical monitoring 
    of storm water discharges. As discussed previously, the median 
    composite sample concentration for TSS of 145 mg/L is higher than the 
    benchmark value for TSS of 100 mg/L for the asphalt paving and roofing 
    materials subsector, thus triggering monitoring for TSS. The monitoring 
    requirements are presented in Table D-5 for asphalt paving and roofing 
    materials manufacturers.
        At a minimum, storm water discharges from asphalt paving and 
    roofing materials manufacturers must be monitored quarterly during the 
    second year of permit coverage. Samples must be collected at least once 
    in each of the following periods: January through March; April through 
    June; July through September; and October through December. At the end 
    of the second year of permit coverage, a facility must calculate the 
    average concentration for each parameter listed in Table D-5. If the 
    permittee collects more than four samples in this period, then they 
    must calculate an average concentration for each pollutant of concern 
    for all samples analyzed.
    
         Table D-5.--Asphalt Paving and Roofing Materials Manufacturers     
                             Monitoring Requirements                        
    ------------------------------------------------------------------------
                                                                 Cut-off    
                     Pollutants of concern                    concentration 
    ------------------------------------------------------------------------
    Total Suspended Solids................................  100 mg/L.       
    ------------------------------------------------------------------------
    
        If the average concentration for a parameter is less than or equal 
    to the cut-off concentration, then the permittee is not required to 
    conduct quantitative analysis for that parameter during the fourth year 
    of the permit. If, however, the average concentration for a parameter 
    is greater than the cut-off concentration, then the permittee is 
    required to conduct quarterly monitoring for that parameter during the 
    fourth year of permit coverage. Monitoring is not required during the 
    first, third, and fifth year of the permit. The exclusion from 
    monitoring in the fourth year of the permit is conditional on the 
    facility maintaining industrial operations and BMPs that will ensure a 
    quality of storm water discharges consistent with the average 
    concentrations recorded during the second year of the permit. The 
    schedule for monitoring is presented in Table D-6.
    
                       Table D-6.--Schedule of Monitoring                   
    ------------------------------------------------------------------------
                                                                            
    ------------------------------------------------------------------------
    2nd Year of Permit          Conduct quarterly monitoring.       
     Coverage.                                                              
                                Calculate the average concentration 
                                for all parameters analyzed during this     
                                period.                                     
                                If average concentration is greater 
                                than the value listed in Table B-7, then    
                                quarterly sampling is required during the   
                                fourth year of the permit.                  
                                If average concentration is less    
                                than or equal to the value listed in Table B-
                                7, then no further sampling is required for 
                                that parameter.                             
    4th Year of Permit          Conduct quarterly monitoring for any
     Coverage.                  parameter where the average concentration in
                                year 2 of the permit is greater than the    
                                value listed in Table B-7.                  
                                If industrial activities or the     
                                pollution prevention plan have been altered 
                                such that storm water discharges may be     
                                adversely affected, quarterly monitoring is 
                                required for all parameters of concern.     
    ------------------------------------------------------------------------
    
        In cases where the average concentration of a parameter exceeds the 
    cut-off concentration, EPA expects permittees to place special emphasis 
    on methods for reducing the presence of those parameters in storm water 
    discharges. Quarterly monitoring in the fourth year of the permit will 
    be used to reassess the effectiveness of the adjusted pollution 
    prevention plan.
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly chemical sampling.
        (1) Sample Type. All discharge data shall be reported for grab 
    samples. All such samples shall be collected from the discharge 
    resulting from a storm event that is greater than 0.1 inches in 
    magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. The required 
    72-hour storm event interval is waived where the preceding measurable 
    storm event did not result in a measurable discharge from the facility. 
    The required 72-hour storm event interval may also be waived where the 
    permittee documents that less than a 72-hour interval is representative 
    for local storm events during the season when sampling is being 
    conducted. The grab sample shall be taken during the first 30 minutes 
    of the discharge. If the collection of a grab sample during the first 
    30 minutes is impracticable, a grab sample can be taken during the 
    first hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable.
        If storm water discharges associated with industrial activity 
    commingle with process or nonprocess water, then where practicable 
    permittees must attempt to sample the storm water discharge before it 
    mixes with the non-storm water discharge.
        (2) Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluent. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (3) Alternative Certification. Throughout today's permit, EPA has 
    included monitoring requirements for facilities which the Agency 
    believes have the potential for contributing significant levels of 
    pollutants to storm water discharges. The alternative certification 
    described below is necessary to ensure that monitoring requirements are 
    only imposed on those facilities that do, in fact, have storm water 
    discharges containing pollutants at concentrations of concern. EPA has 
    
    [[Page 50866]]
    determined that if materials and activities are not exposed to storm 
    water at the site, then the potential for pollutants to contaminate 
    storm water discharges does not warrant monitoring.
        Therefore, a discharger is not subject to the monitoring 
    requirements of this Part provided the discharger makes a certification 
    for a given outfall or on a pollutant-by-pollutant basis in lieu of 
    monitoring described under paragraph b. below, under penalty of law, 
    signed in accordance with Part VII.G. (Signatory Requirements), that 
    material handling equipment or activities, raw materials, intermediate 
    products, final products, waste materials, by-products, industrial 
    machinery or operations, significant materials from past industrial 
    activity, and that are located in areas of the facility that are within 
    the drainage area of the outfall are not presently exposed to storm 
    water and will not be exposed to storm water for the certification 
    period. Such certification must be retained in the storm water 
    pollution prevention plan and submitted to EPA in lieu of monitoring 
    reports required under paragraph b. (below). If the permittee cannot 
    certify for an entire period, they must submit the date exposure was 
    eliminated and any monitoring required up until that date. This 
    certification option is not applicable to compliance monitoring 
    requirements associated with effluent guidelines. EPA does not expect 
    facilities to be able to exercise this certification for indicator 
    parameters, such as TSS and BOD.
        b. Reporting Requirements. Permittees are required to submit all 
    monitoring results obtained during the second and fourth year of permit 
    coverage within 3 months of the conclusion of each year. For each 
    outfall, one Discharge Monitoring Report Form must be submitted per 
    storm event sampled. For facilities conducting monitoring beyond the 
    minimum requirements an additional Discharge Monitoring Report Form 
    must be filed for each analysis. The permittee must include a 
    measurement or estimate of the total precipitation, volume of runoff, 
    and peak flow rate of runoff for each storm event sampled.
        EPA also believes that between quarterly visual examinations and 
    site compliance evaluations potential sources of contaminants can be 
    recognized, addressed, and then controlled with BMPs. In determining 
    the monitoring requirements, EPA considered the nature of the 
    industrial activities and significant materials exposed at these sites, 
    and performed a review of data provided in Part 2 group applications.
        c. Quarterly Visual Examination. Quarterly visual examinations of a 
    storm water discharge from each outfall are required at asphalt 
    facilities and lubricant manufacturers. The examination must be of a 
    grab sample collected from each storm water outfall. The examination of 
    storm water grab samples shall include any observations of color, odor, 
    turbidity, floating solids, foam, oil sheen, or other obvious 
    indicators of storm water pollution. The examination must be conducted 
    in a well lit area. No analytical tests are required to be performed on 
    these samples.
        The examination must be made at least once in each designated 
    period during daylight hours unless there is insufficient rainfall or 
    snow-melt to runoff. Where practicable, the same individual should 
    carry out the collection and examination of discharges throughout the 
    life of the permit to ensure the greatest degree of consistency 
    possible. Examinations shall be conducted in each of the following 
    periods for the purposes of inspecting storm water quality associated 
    with storm water runoff and snow melt: January through March; April 
    through June; July through September; October through December. Grab 
    samples shall be collected within the first 30 minutes (or as soon 
    thereafter as practical, but not to exceed 60 minutes) of when the 
    runoff begins discharging. Reports of the visual examination include: 
    the examination date and time, examination personnel, visual quality of 
    the storm water discharge, and probable sources of any observed storm 
    water contamination. The visual examination reports must be maintained 
    onsite with the pollution prevention plan.
        EPA believes that this quick and simple assessment will help the 
    permittee to determine the effectiveness of his/her plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the chemical properties of the storm water discharged from the 
    site, the examination will provide meaningful results upon which the 
    facility may act quickly. The frequency of this visual inspection will 
    also allow for timely adjustments to be made to the plan. If BMPs are 
    performing ineffectively, corrective action must be implemented. A set 
    of tracking or follow-up procedures must be used to ensure that 
    appropriate actions are taken in response to the examinations. The 
    visual examination is intended to be performed by members of the 
    pollution prevention team. This hands-on examination will enhance the 
    staff's understanding of the storm water problems on that site and the 
    effects of the management practices that are included in the plan.
        When a discharger is unable to collect samples over the course of 
    the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination. Adverse weather conditions which may prohibit 
    the collection of samples include weather conditions that create 
    dangerous conditions for personnel (such as local flooding, high winds, 
    hurricane, tornadoes, electrical storms, etc.) or otherwise make the 
    collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly visual examination.
        d. Compliance Monitoring Requirements. Today's permit requires 
    permittees with storm water discharges associated with the production 
    of asphalt paving or roofing emulsions to monitor for the presence of 
    total suspended solids, oil and grease, and for pH at least annually. 
    These monitoring requirements are necessary to evaluate compliance with 
    the numeric effluent limitation imposed on these discharges. Monitoring 
    shall be performed upon a minimum of one grab sample. All samples shall 
    be collected from the discharge resulting from a storm event that is 
    greater than 0.1 inches in magnitude and that occurs at least 72 hours 
    from the previously measurable (greater than 0.1 inch rainfall) storm 
    event. The grab sample shall be taken during the first 30 minutes of 
    the discharge. If the collection of a grab sample during the first 30 
    minutes is impracticable, a grab sample can be taken during the first 
    hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable. Monitoring results shall be submitted on 
    Discharge Monitoring Report Form(s) postmarked no later than the last 
    day of the month following collection of the sample. For each outfall, 
    one Discharge Monitoring Report form must be submitted per storm event 
    sampled. Facilities which discharge through a large or medium municipal 
    separate storm sewer system (systems serving a population of 100,000 or 
    more) must also submit signed copies of discharge monitoring reports to 
    the operator of the 
    
    [[Page 50867]]
    municipal separate storm sewer system. Alternative Certification 
    provisions described in Section XI.D.5 do not apply to facilities 
    subject to compliance monitoring requirements in this section. 
    Compliance monitoring is required at least annually for discharges 
    subject to effluent limitations. Therefore, EPA cannot permit a 
    facility to waive compliance monitoring.
        Asphalt emulsion manufacturing facilities are not required to 
    collect and analyze separate samples for the presence of TSS to satisfy 
    the Compliance Monitoring requirements of Section XI.D.5.d. during a 
    year in which the facilities have collected and analyzed samples for 
    TSS in accordance with the Analytical Monitoring requirements of 
    Section XI.D.5.a. The results of all TSS Analytical Monitoring analyses 
    may also be reported as Compliance Monitoring results in accordance 
    with Section XI.D.5.d.(3) where the monitoring methodologies are 
    consistent.
    
    E. Storm Water Discharges Associated With Industrial Activity From 
    Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing 
    Facilities
    
    1. Discharges Covered Under This Section
        On November 16, 1990 (55 FR 47990), EPA promulgated the regulatory 
    definition of ``storm water discharges associated with industrial 
    activity.'' This definition included point source discharges of storm 
    water from eleven categories of facilities. Category (ii) identifies 
    facilities classified as Standard Industrial Classification (SIC) code 
    32 as having storm water discharges associated with an industrial 
    activity.
        The following section describes the industrial activities and 
    permit conditions for storm water discharges associated with industrial 
    activity classified under Major SIC Group 32. The discussion focuses on 
    the industries covered by today's permit. There are industries in Major 
    SIC Group 32 beyond those discussed below; however, representatives of 
    these industries did not choose to participate in the group application 
    process on which this section is based. Therefore, they are not 
    eligible for coverage under this permit.
        This section only covers storm water discharges associated with 
    industrial activities from facilities engaged in gypsum, cement, clay, 
    glass, and concrete products manufacturing.39 Facilities subject 
    to the requirements of this section include the following types of 
    manufacturing operations: flat glass, (SIC code 3211); glass 
    containers, (SIC code 3221); pressed and blown glass, not elsewhere 
    classified, (SIC code 3229); hydraulic cement, (SIC code 3241); brick 
    and structural clay tile, (SIC code 3251); ceramic wall and floor tile, 
    (SIC code 3253); clay refractories, (SIC code 3255); structural clay 
    products not elsewhere classified (SIC code 3259); vitreous table and 
    kitchen articles (SIC code 3262); fine earthenware table and kitchen 
    articles (SIC code 3263); porcelain electrical supplies, (SIC code 
    3264); pottery products, (SIC code 3269); concrete block and brick, 
    (SIC code 3271); concrete products, except block and brick (SIC code 
    3272); ready-mix concrete, (SIC code 3273); gypsum products, (SIC code 
    3275); minerals and earths, ground or otherwise treated, (SIC code 
    3295); and nonclay refractories, (SIC code 3297).
    
        \39\ Please note that storm water discharges associated with 
    industrial activity from facilities identified as SIC code 323 
    (glass products made of purchased glass) only occur where material 
    handling equipment or activities, raw materials intermediate 
    products, final products, waste materials, by-products or industrial 
    machinery are exposed to storm water. SIC code 323 facilities are 
    only required to submit storm water permit applications when 
    activities or materials are exposed to storm water.
    ---------------------------------------------------------------------------
    
        Wash waters from vehicle and equipment cleaning areas are process 
    wastewaters. This section does not cover any storm water that combines 
    with process wastewater, unless the process wastewater is in compliance 
    with another NPDES permit. This section does not cover any discharge 
    subject to an existing or expired NPDES general permit. The section may 
    cover runoff which derives from the storage of materials used in or 
    derived from the cement manufacturing process 40 unless storm 
    water discharges are already subject to an existing or expired NPDES 
    permit.
    
        \40\ These discharges are subject to effluent limitation 
    guidelines under 40 CFR 412.11.
    ---------------------------------------------------------------------------
    
        Discharges from several industrial activities in Major SIC Group 32 
    are not covered by this section. These activities are: lime 
    manufacturing (SIC 3274); cut stone and stone products (SIC 3281); 
    abrasive products (SIC 3291); asbestos products (SIC 3292); and mineral 
    wool and mineral wool insulation products (SIC 3297).
        These types of facilities are not covered by this (or any other) 
    section of today's permit, because these types of industrial activities 
    were not represented in the group application process nor are they 
    believed to be sufficiently similar to industrial activities that were 
    included in the group application process. Because these facilities 
    were not included in the group application process there is no 
    additional information with which to develop industry-specific permit 
    language.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        a. Industry Profile. Part XI.E. of today's permit has been 
    developed for storm water discharges from glass, clay, cement, 
    concrete, and gypsum products manufacturers. As stated above, these 
    facilities are regulated under category (ii) of the definition of storm 
    water discharges associated with industrial activity. Part XI.E. of 
    today's permit addresses the industry-specific permit requirements for 
    storm water discharges from these industries.
        There are a variety of industrial processes that occur at 
    manufacturing facilities covered under this section. The following 
    descriptions summarize basic operations occurring at each type of 
    industry.
        (1) Glass Product Manufacturing. Facilities primarily engaged in 
    the manufacturing of glass and glassware, or manufacturing glass 
    products from purchased glass are classified under standard industrial 
    groups 321-323. Facilities covered by these SIC codes share several 
    similar steps in the manufacturing process. Such processes include the 
    storage of raw materials, weighing the materials, charging, melting and 
    forming. Although the forming processes vary greatly, the steps with a 
    potential exposure to storm water are somewhat homogeneous.
        The first step in the glass manufacturing process is batch 
    preparation. This involves the selection and storage of the raw 
    materials that will be used in the process. Such materials may include 
    silica sand, limestones, feldspars, borates, soda ash, boric acid, 
    potash and barium carbonate. Once the desired characteristics of the 
    final product are 
    
    [[Page 50868]]
    assessed, the composition of the batch is determined and the raw 
    materials are mixed together. The batch is then conveyed to the 
    furnaces.
        Furnaces are used to melt the batch to produce glass. Most of the 
    furnaces in the glass manufacturing industry are fueled by natural gas 
    or oil. The batch is placed in the furnace and allowed to melt. Once 
    the glass has been melted and conditioned it is channeled to a forming 
    machine.
        Forming operations consist of up to four major steps, the first of 
    which involves a further conditioning process to prepare the glass for 
    primary forming. Primary forming, which may include drawing, blowing, 
    pressing, or casting, is the second step in the forming operation. This 
    operation is usually followed by an annealing step. Annealing is the 
    process of subjecting the glass to heat and slow cooling in order to 
    toughen the product. The final process in the forming operation may 
    include one or more secondary operations. Operations such as grinding 
    and polishing, laminating, sealing and coating of glass are common 
    secondary operations. Materials used for secondary operations vary, 
    examples are the resins used to laminate glass to produce safety glass 
    products, such as car windows.
        (2) Cement Manufacturing. Facilities primarily engaged in 
    manufacturing hydraulic cement (e.g., portland, natural, masonry, and 
    pozzolana cements) are identified as SIC code 3241. The manufacturing 
    process is generally the same for all facilities classified as SIC 
    3241. The three basic steps in cement manufacturing are: (1) 
    Proportioning, grinding, and blending raw materials; (2) heating raw 
    materials to produce a hard, stony substance known as ``clinker''; and 
    (3) combining the clinker with other materials and grinding the mixture 
    into a fine powdery form.
        The first step in cement manufacturing is proportioning, grinding 
    and blending raw materials. The primary raw material is lime. Lime is 
    typically obtained from limestone, cement rock, oyster shell marl, and 
    chalk. Other ingredients in cement manufacturing may include silica, 
    alumina, and iron. The blending and grinding of these raw materials is 
    achieved through either ``wet'' processing or ``dry'' processing. Wet 
    processing operations use water when grinding and blending raw 
    materials, and dry processing operations grind and blend raw materials 
    in a dried state. Until they are fed into kilns for clinker production, 
    materials ground from wet processing are stored in slurry tanks, while 
    dry processing materials are stored in silos.
        Kilns typically are coal, gas, or oil fired. In the kiln raw 
    materials are commonly heated to a temperature of 1600 degrees Celsius 
    (2900 degrees Fahrenheit). At these extreme temperatures, clinker is 
    formed as raw materials begin to fuse and harden. Air is then used to 
    cool clinker emerging from the kiln.
        The final stage of the process involves adding small amounts of 
    gypsum or stone (used to control setting times) to the clinker and 
    grinding the mixture into a fine powdery form. The powdery product is 
    then cooled before storage, bagging, and shipping.
        There are facilities classified as SIC 3241 which only perform the 
    final grinding step in the cement manufacturing process. These 
    facilities do not have kilns to heat raw materials, and so obtain 
    clinker from manufacturing plants.
        (3) Clay Product Manufacturing. Facilities primarily engaged in 
    manufacturing clay products, including brick, tile (clay or ceramic), 
    or pottery products are classified as standard industrial groups 325 
    and 326. Although clay product manufacturing facilities produce a wide 
    variety of final products, there are several similar processing steps 
    shared by most facilities in this industry: (1) Storage and preparation 
    of raw materials; (2) forming; (3) drying; (4) firing; and (5) cooling.
        Manufacturers classified as standard industrial groups 325 and 326 
    typically use clay (common, silt, kaolin and/or phyllite) and shale 
    (mud, red, blue and/or common) as their primary raw materials. However, 
    some industries supplement these materials with slag (cinders), cement 
    and lime. Raw materials are generally stored outside.
        Raw materials are crushed and ground prior to manufacturing. Stones 
    are removed, and particles of raw materials are screened to ensure they 
    are the correct size. Water is then added to raw materials in mixing 
    chambers and ``mud'' is formed. The mud is molded into the desired 
    product during the forming stage. Depending on the final product, one 
    of several different methods will be used when forming mud into the 
    desired shape. The most common methods use pressure or hydraulic 
    machines to shape products.
        Following the forming process, products are left to dry. Drying is 
    necessary to reduce the moisture content prior to firing. A common 
    method for reducing moisture content is air drying clay products in a 
    controlled environment (e.g., a drying chamber). When the drying 
    process is complete, the clay is ready for firing in kilns.
        There are two basic types of kilns: the periodic kiln and the 
    tunnel kiln. With a periodic kiln, products are fired for a specified 
    period of time and then promptly removed. With a tunnel kiln, products 
    pass through the kiln on conveyor belts, and by the time the clay 
    reaches the end of the kiln, the firing process is complete. The 
    primary source of energy for most firing kilns is natural gas. Natural 
    gas is typically supplemented with coal, sawdust, or oil. Fired 
    products may then be glazed with salt or other materials for special 
    applications.
        (4) Concrete Products. Facilities primarily engaged in 
    manufacturing concrete products, including ready-mixed concrete, are 
    identified as SIC group 327. Although concrete product facilities in 
    SIC group 327 produce a variety of final products, they all have common 
    raw materials and activities.
        Concrete products manufacturers combine cement, aggregate, and 
    water to form concrete. Aggregate generally consists of: sand, gravel, 
    crushed stone, cinder, shale, slag, clay, slate, pumice, vermiculite, 
    scoria, perlite, diatomite, barite, limonite, magnetite, or ilmenite. 
    Admixtures including fly ash, calcium chloride, triethanolamine, 
    calcium salt, lignosulfunic acid, vinosol, saponin, keratin, sulfonated 
    hydrocarbon, fatty acid glyceride, vinyl acetate, and styrene copolymer 
    of vinyl acetate may be added to obtain desired characteristics, such 
    as slower or more rapid curing times.
        Typically, aggregate is received in bulk quantities by rail, truck, 
    or barge. It is stored outside, and kept moist, until it is conveyed to 
    distribution bins. The first stage in the manufacturing process is 
    proportioning cement, aggregate, admixtures and water, and then 
    transporting the product to a rotary drum, or pan mixer.
        To form concrete block and brick, the mixture is then fed into an 
    automatic block molding machine that rams, presses, or vibrates the 
    mixture into its final form. The final product is then stacked on iron 
    framework cars where it cures for 4 hours. Decorative blocks may be 
    produced by adding colors to the mix, or splitting the surface into 
    desired shapes.
        Precast concrete products, may contain steel structural members for 
    increased strength. These products include transformer pads, meter 
    boxes, pilings, utility vaults, steps, cattle guards, and balconies. 
    After being mixed in a central mixer, concrete is poured into forms or 
    molded in the same manner as concrete block and 
    
    [[Page 50869]]
    brick. Forms are often coated with a release oil to aid stripping. The 
    concrete ``sets'' or cures in the forms for a number of hours 
    (depending upon the type of admixtures used). When the concrete has 
    cured, the forms are removed. Forms are washed for reuse, and the 
    concrete products are stored until they can be shipped.
        In addition to the permanent concrete product facilities, there are 
    a number of portable ready mix concrete operations which operate on a 
    temporary basis. The portable plants are typically dedicated to 
    providing ready mix concrete to one construction project. Portable 
    plants have the same significant materials and industrial activities as 
    permanent facilities. Therefore, portable concrete plants are eligible 
    for coverage under Part XI.E. of today's permit.
        (5) Gypsum Products Manufacturing. Facilities primarily engaged in 
    manufacturing plaster, wallboard, and other products composed wholly or 
    partially of gypsum (except plaster of paris and papier-mache) are 
    classified as SIC code 3275.
        The gypsum product manufacturing process begins with calcining the 
    gypsum: finely ground raw gypsum (referred to as ``land plaster'') is 
    fed into imp mills or calcining kettles where extreme heat removes 75 
    percent of the gypsum's molecular moisture. The result is a dry powder 
    called stucco, which is cooled and conveyed to storage bins.
        To produce wallboard, stucco is fed into pin mixers where it is 
    blended with water and other additives to produce a slurry. The slurry 
    is then applied to continuous sheets of paper to form wallboard. In 
    addition to producing wallboard, some facilities may combine stucco 
    with additives (excluding water) to produce plaster. Plaster is then 
    bagged or bulked and shipped off site for purchase.
        EPA considers calcining the first step in gypsum product 
    manufacturing. Many facilities with a primary SIC code of 3275 may have 
    mining/quarry and crushing activities at their sites. Please note, 
    however, that because these activities are not considered part of the 
    manufacturing operations, storm water discharges from mining/quarry and 
    crushing are not covered under Part XI.E. of the today's permit. 
    Discharges associated with gypsum mining activities are addressed under 
    Part XI.J. of today's permit and VIII.J. of the fact sheet.
    2. Pollutants in Storm Water Discharges Associated With Glass, Clay, 
    Cement, Concrete, and Gypsum Product Manufacturing
        Impacts caused by storm water discharges from gypsum, concrete, 
    clay, glass, and concrete manufacturing operations will vary. Several 
    factors influence to what extent industrial activities and significant 
    materials from these types of facilities and processing operations can 
    affect water quality. Such factors include: geographic location; 
    hydrogeology; the type of industrial activity occurring outside (e.g., 
    material storage, loading and unloading, or vehicle maintenance); the 
    type of material stored outside (e.g., aggregate, limestone, clay, 
    concrete, etc.); the size of the operation; and type, duration, and 
    intensity of precipitation events. These and other factors will 
    interact to influence the quantity and quality of storm water runoff. 
    For example, air emissions (i.e., settled dust) may be a significant 
    source of pollutants at some facilities, while material storage is a 
    primary source at others. In addition, sources of pollutants other than 
    storm water, such as illicit connections,41 spills, and other 
    improperly dumped materials, may increase the pollutant loadings 
    discharged into waters of the United States.
    
        \41\ Illicit connections are contributions of unpermitted non-
    storm water discharges to storm sewers from any of a number of 
    sources including sanitary sewers, industrial facilities, commercial 
    establishments, or residential dwellings.
    ---------------------------------------------------------------------------
    
        Table E-1, Potential Sources of Pollutants in Storm Water 
    Discharges Associated with Glass, Clay, Cement, Concrete, and Gypsum 
    Manufacturing, summarizes the industrial activities indicated in the 
    part 1 group applications for facilities covered under this section of 
    today's permit. Table E-1 also lists the likely sources of 
    contamination of storm water that are associated with this activity. 
    The third column of the table lists the pollutants or the indicator 
    parameters for the pollutants which may be present in the storm water 
    discharges associated with the industrial activity. The table is 
    limited to the industrial activities which are commonly exposed to 
    storm water. Industrial activities which predominantly occur indoors, 
    such as glass forming, are not listed in Table E-1.
    
       Table E-1.--Potential Sources of Pollutants in Storm Water Discharges Associated With Glass, Clay, Cement,   
                                           Concrete, and Gypsum Manufacturing                                       
    ----------------------------------------------------------------------------------------------------------------
               Activity                              Pollutant source                      Pollutants/indicators    
    ----------------------------------------------------------------------------------------------------------------
    Material Storage at Glass       Exposed or spilled: sand, soda ash, limestone,     TSS, COD, oil and grease, pH,
     Manufacturing Facilities.       cullet, and petroleum products.                    lead.                       
    Materials Storage at Clay       Exposed: ceramic parts, pryophyllite ore, shale,   TSS, pH, COD, oil and grease,
     Products Manufacturing          ball clay, fire clay, kaolin, tile, silica,        aluminum, lead, zinc.       
     Facilities.                     graphite, coke, coal, brick, sawdust, waste oil,                               
                                     and used solvents.                                                             
    Material Handling at Clay       Exposed: ceramic parts, liquid chemicals,          TSS, pH, oil and grease, TKN,
     Products Manufacturing          ammonia, waste oil, used solvents, pryophyllite    COD, BOD, aluminum, lead,   
     Facilities Including: Loading/  ore, shale, ball clay, fire clay, kaolin, tile,    zinc.                       
     Unloading.                      alumina, silica, graphite, coke, coal, olivine,                                
                                     magnesite magnesium carbonate, brick, sawdust,                                 
                                     and wooden pallets.                                                            
    Forming/Drying Clay Products..  Clay, shale, slag, cement, and lime..............  TSS, pH.                     
    Material Storage at Cement      Exposed: kiln dust, limestone, shale, coal,        TSS, pH, COD, potassium,     
     Manufacturing Facilities.       clinker, gypsum, clay, slag, and sand.             sulfate.                    
    Material Handling at Cement     Exposed: kiln dust, limestone, shale, coal,        TSS, pH, COD, potassium,     
     Manufacturing Facilities.       clinker, gypsum, clay, slag, anhydrite, and sand.  sulfate, oil and grease.    
    Crushing/Grinding at Cement     Settled dust and ground limestone, cement, oyster  TSS, pH.                     
     Manufacturing Facilities.       shell, chalk, and clinker.                                                     
    Material Storage at Concrete    Exposed: aggregate (sand and gravel), concrete,    TSS, COD, pH.                
     Product Manufacturing           shale, clay, limestone, slate, slag, and pumice.                               
     Facilities.                                                                                                    
    
    [[Page 50870]]
                                                                                                                    
    Material Handling at Concrete   Exposed: aggregate, concrete, shale, clay, slate,  TSS, COD, pH, lead, iron,    
     Product Manufacturing           slag, pumice, and limestone as well as spills or   zinc.                       
     Facilities.                     leaks of cement, fly ash, admixtures and                                       
                                     baghouse settled dust.                                                         
    Mixing Concrete...............  Spilled: aggregate, cement, and admixture........  TSS, pH, COD, lead, iron     
                                                                                        zinc.                       
    Casting/Forming Concrete        Concrete, aggregate, form release agents,          TSS, pH, oil and grease, COD,
     Products.                       reinforcing steel, latex sealants, and             BOD.                        
                                     bitumastic coatings.                                                           
    Vehicle and Equipment Washing   Residual: aggregate, concrete, admixture, oil and  TSS, pH, COD, oil and grease.
     at Concrete Product             grease.                                                                        
     Manufacturing Facilities.                                                                                      
    Crushing/Grinding of Gypsum     Exposed or spilled: gypsum rock and dust.........  TSS, pH.                     
     Rock.                                                                                                          
    Material Storage at Gypsum      Exposed: gypsum rock, synthetic gypsum, recycled   TSS, COD, pH.                
     Manufacturing Facilities.       gypsum and wallboard, stucco, perlite ore/                                     
                                     expanded perlite, and coal.                                                    
    Material Handling at Gypsum     Exposed or spilled: gypsum rock, synthetic         TSS, pH, COD.                
     Manufacturing Facilities        gypsum, recycled gypsum and wallboard, stucco,                                 
     (including bagging and          perlite ore/expanded perlite, and coal.                                        
     packaging).                                                                                                    
    Equipment/Vehicle Maintenance.  Gasoline, diesel, fuel, and fuel oil.............  Oil and grease, BOD, COD.    
                                    Parts cleaning...................................  COD, BOD, oil and grease, pH.
                                    Waste disposal of solvents, oily rags, oil and     Oil and grease, lead, iron,  
                                     gas filters, batteries, coolants, and degreasers.  zinc, aluminum, COD, pH.    
                                    Fluid replacement including lubricating fluids,    Oil and grease, arsenic,     
                                     hydraulic fluid, oil, transmission fluid,          lead, cadmium, chromium,    
                                     radiator fluids, solvents, and grease.             COD, and benzene.           
    ----------------------------------------------------------------------------------------------------------------
    
    
        The activities common to the facilities covered under Part XI.E. of 
    today's permit are material storage and material handling operations. 
    All facilities covered under this section handle and store nonmetallic 
    minerals. These minerals are typically loaded and unloaded in areas of 
    the site that are exposed to storm water. The minerals are often stored 
    outdoors until they are utilized in the industrial processes. Handling 
    and storing these minerals outdoors may result in the discharge of a 
    portion of the materials in storm water runoff. The presence of the 
    nonmetallic minerals in the storm water is measured by the total 
    suspended solids (TSS) test. Many of the minerals processed by the 
    facilities are calcareous, such as limestone or chalk. The presence of 
    these materials can elevate the pH of the storm water discharged from 
    the site.
        Vehicle fueling, repair, maintenance and cleaning occurs at many 
    facilities covered under this section. Facilities will fuel, repair and 
    maintain vehicles used to transport significant materials to, from or 
    around the facility. Facilities may also perform maintenance on process 
    or material handling equipment such as mixers or conveyors. The 
    fueling, maintenance and repair activities may result in leaks or 
    spills of oil from the vehicles and equipment. The spilled material may 
    be carried off of the site in the storm water discharge.
        Ready mix concrete facilities will frequently wash out the mixers 
    of the trucks after concrete has been delivered to a job site. The wash 
    out water contains unhardened concrete. Facilities will often wash down 
    the exterior of their vehicles. The wash off water may contain cement, 
    sand, gravel, clay, or other materials. The wash water from the 
    vehicles should be either treated and discharged from the site through 
    a sanitary sewer or NPDES permitted discharge or collected in a recycle 
    pond where the heavy solids settle out and the water is recycled back 
    to be used in the plant. Pollutants from the wash water may settle out 
    on the site before it is treated or recycled. These pollutants may come 
    into contact with storm water and be discharged from the site.
        Based on the wide variety of industrial activities and significant 
    materials at the facilities included in this sector, EPA believes it is 
    appropriate to divide the glass, clay, cement concrete and gypsum 
    product industry into subsectors to properly analyze sampling data and 
    determine monitoring requirements. As a result, this sector has been 
    divided into the following subsectors: manufacturers of flat glass, 
    glass and glassware, pressed or blown glass products made of purchased 
    glass; hydraulic cement manufacturers; manufacturers of clay products, 
    pottery and related products (including nonclay refractories); and 
    concrete, gypsum and plaster product manufacturers (including ground 
    minerals and earth). Tables E-2, E-3, E-4 and E-5 below include data 
    for the eight pollutants that all facilities were required to monitor 
    for under Form 2F. The tables also list those parameters that EPA has 
    determined merit further monitoring.
    
     Table E-2.--Statistics for Selected Pollutants Reported by Flat Glass, Glass and Glassware, Pressed or Blown Glass Products Made of Purchased Glass Manufacturing Facilities Submitting Part II
                                                                                          Sampling Datai (mg/L)                                                                                     
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                               No. of        No. of samples          Mean              Minimum             Maximum             Median          95th percentile     99th percentile  
                                             facilities    -----------------------------------------------------------------------------------------------------------------------------------------
            Pollutant Sample type        ------------------                                                                                                                                         
                                            Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab       Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5................................        9        9       17       17      9.4       7.76      0.0       0.0     45.0      16.0       5.0       7.0      27.8      17.56     49.5       25.01
    COD.................................        9        9       17       17     84.6      95.81     14.0       7.0    317.0     512.0      56.0      51.0     245.3     307.6     440.7      605.3 
    Nitrate + Nitrite Nitrogen..........        9        9       17       17      0.99      0.87      0.00      0.0      7.21      4.79      0.56      0.55      2.76      3.01      5.23       6.20
    Total Kjeldahl Nitrogen.............        9        9       17       17      2.01      1.73      0.67      0.0      4.92      4.47      1.50      1.80      4.42      4.44      6.58       6.82
    Oil & Grease........................        9      N/A       16      N/A      2.7     N/A         0.0       N/A     29.0     N/A         0.0     N/A        15.4     N/A        49.5      N/A   
    pH..................................        9      N/A       18      N/A    N/A       N/A         4.6       N/A      9.8     N/A         7.9     N/A        10.5     N/A        11.8      N/A   
    Total Phosphorus....................        9        9       17       17      0.39      0.31      0.10      0.0      1.50      0.83      0.33      0.23      0.91      0.71      1.43       1.06
    
    [[Page 50871]]
                                                                                                                                                                                                    
    Total Suspended Solids..............        9        9       17       17     60       110.6       6         0.0    230       800        40        19.0     215       450       453      1314    
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
    
                              Table E-3.--Statistics for Selected Pollutants Reported by Hydraulic Cement Manufacturing Facilities Submitting Part II Sampling Datai (mg/L)                         
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                             No. of facilities    No. of samples            Mean                Minimum              Maximum              Median           95th percentile        99th percentile   
     Pollutant Sample type -------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                              Grab     Compii     Grab      Comp       Grab       Comp      Grab      Comp       Grab       Comp      Grab      Comp       Grab        Comp       Grab        Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5..................         4         4         7         7        7.8       5.3       0.0       0.0       40.2       27.0       0.0       0.0        42.5       27.99       95.2       60.6 
    COD...................         4         4         7         7      277.3      55.2       0.0      15.0     1411.0      136.0      38.8      40.0      1350.7      173.0      4198.2      323.1 
    Nitrate + Nitrite                                                                                                                                                                               
     Nitrogen.............         4         4         7         7        0.78      3.40      0.23      0.10       1.77      17.5       0.66      0.67        1.82      15.44        2.75      49.7 
    Total Kjeldahl                                                                                                                                                                                  
     Nitrogen.............         4         4         7         7        1.85      1.16      0.00      0.0        7.15       2.81      0.56      1.03       12.77       5.20       41.07      11.15
    Oil & Grease..........         4       N/A         7       N/A        1.5     N/A         0.0     N/A          5.0      N/A         0.0     N/A           9.6      N/A          22.8      N/A   
    pH....................         4       N/A         6       N/A      N/A       N/A         7.2     N/A         11.2      N/A         8.1     N/A          12.3      N/A          14.2      N/A   
    Total Phosphorus......         4         4         7         7        1.00      0.18      0.00      0.01       3.88       0.53      0.16      0.05       18.43       1.14      143.86       3.72
    Total Suspended Solids         4         4         7         7     2528       300.6      10         6.0    17085       1368        82        57        7499       1709       40323      6791    
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
          Table E-4.--Statistics for Selected Pollutants Reported by Structural Clay Products, Pottery, and Related Products Manufacturing Facilities Submitting Part II Sampling Datai (mg/L)      
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                          No. of        No. of samples          Mean               Minimum              Maximum              Median          95th percentile       99th percentile  
                                        facilities    ----------------------------------------------------------------------------------------------------------------------------------------------
         Pollutant Sample type      ------------------                                                                                                                                              
                                       Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp       Grab       Comp      Grab      Comp      Grab       Comp       Grab       Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5...........................       18       18       23       22     10.4      10.7       0.0       0.0       47.0       42.0       9.3       9.1      30.2       32.3       50.2       54.32
    COD............................       18       18       23       22     91.1      77.9       0.0       0.0      620.0      420.0      39.0      37.5     324.3      273.7      703.1      592.4 
    Nitrate + Nitrite Nitrogen.....       16       16       21       20      0.76      0.76      0.00      0.00       1.80       2.30      0.40      0.56      2.53       2.20       4.65       3.75
    Total Kjeldahl Nitrogen........       18       18       23       22      1.93      1.40      0.00      0.00      13.00       6.70      1.10      0.82      6.02       4.94      10.59       9.06
    Oil & Grease...................       18      N/A       23      N/A      1.46    N/A         0.00    N/A          9.0      N/A         0.0     N/A         7.9      N/A         17.6      N/A   
    pH.............................       18      N/A       23      N/A    N/A       N/A         5.0     N/A          9.0      N/A         7.0     N/A         9.2      N/A         10.1      N/A   
    Total Phosphorus...............       16       16       21       20      0.31      0.28      0.00      0.0        1.70       1.42      0.12      0.14      1.22       1.14       2.75       2.43
    Total Suspended Solids.........       18       18       23       22    177       203         4         0.0     1300       1440        73        50       747       1065       2055       3745   
    Aluminum.......................        8        8        8        8      3.96      6.48      0.3       0         14         42         2.7       1.1      16.51      24.18      37.73      74.09 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
                   Table E-5.--Statistics for Selected Pollutants Reported by Concrete, Gypsum and Plaster Products Manufacturing Facilities Submitting Part II Sampling Datai (mg/L)               
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                      No. of        No. of samples           Mean               Minimum              Maximum               Median           95th percentile       99th percentile   
                                    facilities    --------------------------------------------------------------------------------------------------------------------------------------------------
       Pollutant Sample type    ------------------                                                                                                                                                  
                                   Grab    Compii    Grab     Comp      Grab      Comp      Grab      Comp       Grab        Comp      Grab      Comp       Grab       Comp       Grab        Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5.......................      155      153      211      207      14.0       5.84      0.0       0.0      1300.0       74.0       4.0       3.4       33.5       19.4        71.0       35.9 
    COD........................      156      154      213      208      81.6      62.4       0.0       0.0       700.0      510.0      51.0      43.5      251.6      190.8       472.7      350.6 
    Nitrate + Nitrite Nitrogen.      147      145      203      198       1.27      0.85      0.00      0.0        48.00      22.20      0.57      0.52       4.16       2.91        9.45       6.05
    Total Kjeldahl Nitrogen....      147      144      204      198       2.45      1.39      0.00      0.0       101.00      17.30      1.20      1.00       6.21       3.91       12.08       6.87
    Oil & Grease...............      157      N/A      214      N/A       4.6     N/A         0.0     N/A         130.0      N/A         1.4     N/A         15.5      N/A          34.5      N/A   
    pH.........................      146      N/A      199      N/A     N/A       N/A         2.0     N/A          12.3      N/A         8.9     N/A         12.1      N/A          13.8      N/A   
    Total Phosphorus...........      156      153      213      207       1.00      0.74      0.00      0.00       18.00      10.70      0.30      0.25       3.54       2.60        9.61       6.51
    Total Suspended Solids.....      154      154      211      208    1322       374.5       0         0.0     61000       3340       250       170       3872       1724       12482       4636   
    Iron.......................        8        8        8        8      10.4       7.1       0.2       1          29         14         5.4       6.5       72.2       23.1       224.3       41.9 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    3. Options for Controlling Pollutants
        There are a number of options for eliminating or minimizing the 
    presence of pollutants in storm water discharges from glass, clay, 
    cement or concrete product manufacturing facilities. In evaluating the 
    options for controlling pollutants in the storm water discharges 
    associated with the industrial activities 
    
    [[Page 50872]]
    covered under this section, EPA must comply with the requirements of 
    Section 402(p)(3) of the Clean Water Act which require the compliance 
    with the Best Available Technology (BAT) and Best Conventional 
    Technology (BCT).
        EPA believes that it is infeasible to develop effluent limitations 
    for storm water discharges associated with glass, clay, cement, or 
    concrete manufacturing beyond those already established in the Effluent 
    Limitation Guidelines. There are significant variations from site to 
    site on the industrial activity and significant materials exposed to 
    storm water. The data collected to date is inadequate to characterize 
    these variations. Therefore, EPA believes that the requirement for a 
    facility operator to develop a pollution prevention plan which 
    considers the specific conditions at his or her site satisfies the BAT/
    BCT requirements. The pollution prevention plan will call for the 
    implementation of best management practices that minimize contact 
    between the storm water and pollutant sources or which remove 
    pollutants from the storm water before it is discharged from the site. 
    Table E-6 lists the pollution prevention measures or best management 
    practices which are most applicable to facilities classified in major 
    SIC Group 32. The table is organized by the specific industrial 
    activities which may introduce pollutants to storm water. The right 
    column lists corresponding BMPs which may be considered.
    
      Table E-6.--Measures to Control Pollutants in Storm Water Discharges  
           From Glass, Clay, Cement, Concrete, and Gypsum Facilities i      
    ------------------------------------------------------------------------
             Activity                         Associated BMPs               
    ------------------------------------------------------------------------
    Storing dry bulk           Store materials in an enclosed silo or       
     materials including:       building.                                   
     sand, gravel, clay,                                                    
     cement, fly ash, kiln                                                  
     dust, and gypsum.                                                      
                               Cover material storage piles with a tarp or  
                                awning.                                     
                               Divert runon around storage areas using      
                                curbs, dikes, diversion swales or positive  
                                drainage away from the storage piles.       
                               Install sediment basins, silt fence,         
                                vegetated filter strips, or other sediment  
                                removal measures downstream/downslope.      
                               Only store washed sand and gravel outdoors.  
    Handling bulk materials    Use dust collection systems (e.g., bag       
     including: sand, gravel,   houses) to collect airborne particles       
     clay, cement, fly ash,     generated as a result of handling           
     kiln dust, and gypsum.     operations.                                 
                               Remove spilled material and settled dust from
                                paved portions of the facility by shoveling 
                                and sweeping on a regular basis.            
                               Periodically clean material handling         
                                equipment and vehicles to remove accumulated
                                dust and residue.                           
                               Install sediment basins, silt fence,         
                                vegetated filter strips, or other sediment  
                                removal measures downstream/downslope.      
    Mixing operations........  Use dust collection systems (e.g., bag       
                                houses) to collect airborne particles       
                                generated as a result of mixing operations. 
                               Remove spilled material and settled dust from
                                the mixing area by shoveling and sweeping on
                                a regular basis.                            
                               Clean exposed mixing equipment after mixing  
                                operations are complete.                    
                               Install sediment basins, silt fence,         
                                vegetated filter strips, or other sediment  
                                removal measures downstream/downslope.      
    Vehicle and equipment      Designate vehicle and equipment wash areas   
     washing.                   that drain to recycle ponds or process      
                                wastewater treatment systems.               
                               Train employees on proper procedure for      
                                washing vehicles and equipment including a  
                                discussion of the appropriate location for  
                                vehicle washing.                            
                               Conduct vehicle washing operation indoors or 
                                in a covered area.                          
                               Clean wash water residue from portions of the
                                site that drain to storm water discharges.  
    Dust Collection..........  Maintain dust collection system and baghouse.
                                Properly remove and recycle or dispose of   
                                collected dust to minimize exposure of      
                                collected dust to.                          
    Pouring and curing pre-    Pour and cure precast products in a covered  
     cast concrete products.    area.                                       
                               Clean forms before storing outdoors.         
    ------------------------------------------------------------------------
    i From ``Storm Water Management for Industrial Activities: Developing   
      Pollution Prevention Plans and Best Management Practices,'' (EPA 832-R-
      92-006) EPA, 1992, and proposed pollution prevention plans submitted  
      by group applicants.                                                  
    
        In addition to the activity-specific best management practices 
    listed in Table E-6 above, there are structural practices that may be 
    effective in reducing the pollutants found in the storm water 
    discharges from facilities in Major SIC Group 32. This section does not 
    specifically require that these structural measures be installed; 
    however, the permittee must consider measures such as these at the 
    facility. The structural measures include: vegetative filter strips, 
    grassed swales, detention ponds, retention ponds or recycle ponds. 
    These structural measures remove pollutants from the storm water which 
    is carrying them off site. The measures listed above are effective in 
    removing the heavy suspended solids which are common in the storm water 
    discharges from clay, cement, concrete, and gypsum facilities.
        Vegetated filter strips are gently sloped areas covered with either 
    natural or planted vegetation. Vegetated filter strips remove 
    pollutants from storm water by a filtering action. Vegetated filter 
    strips can be located along the down slope perimeter of the industrial 
    activity but not in areas of concentrated flow. Grassed swales are 
    similar to vegetated filter strips. Within Major SIC Group 32, four 
    percent of the designated sampling facilities indicated in their part 1 
    group applications that they had vegetated filter strips at their 
    facilities. Grassed swales also remove pollutants from storm water 
    flows by a filtering action. A grassed swale consists of a broad, grass 
    lined ditch or swale with gradual slopes or check dams to reduce the 
    velocity of flow. Unlike vegetated filter strips, grassed swales can 
    remove pollutants from concentrated storm water runoff. Over 13 percent 
    of the 
    
    [[Page 50873]]
    designated samplers in Major SIC Group 32 indicated that there were 
    grass lined swales at their facility.
        Retention ponds and detention ponds are storm water management 
    measures used to control the quantity and quality of storm water 
    discharged from a site. A detention pond is a pond which temporarily 
    detains the storm water discharged from an area. While detained in the 
    pond, the heavy suspended particles in the storm water settle to the 
    bottom of the pond. The result is a discharge from the detention pond 
    with a TSS concentration which is lower than the influent concentration 
    to the pond. Retention ponds retain the storm water within the pond 
    with no discharge except for when extreme rainfall events occur. The 
    water collected in the retention pond either evaporates, infiltrates, 
    or is used as process water on site. Twenty seven percent of the 
    designated samplers in Major SIC Group 32 indicated that there was a 
    pond on their site which was used as a storm water management measure.
    4. Special Conditions
        a. Prohibition of Non-storm Water Discharges. The prohibited non-
    storm water discharges under this section are the same as those 
    described under section V1.B.2 of this fact sheet with one exception. 
    Part XI.E.2. of today's permit clarifies that the discharges of 
    pavement washwaters from facilities covered under Part XI.E. of the 
    permit are authorized under this section after the accumulated fly ash, 
    cement, aggregate, kiln dust, clay, concrete or other dry significant 
    materials handled at the facility have been removed from the pavement 
    by sweeping, vacuuming, combination thereof or other equivalent 
    measures, or the washwaters are conveyed into a BMP designed to remove 
    solids prior to discharge, such as sediments basins, retention basins, 
    and other equivalent measures. Where practicable pavement washwater 
    shall be directed to process wastewater treatment or recycling systems. 
    The clarification is made for this sector because EPA believes that a 
    primary source of pollutants in the storm water discharges from 
    facilities covered under this sector are spilled materials or settled 
    dust from material handling processes. A primary focus of the pollution 
    prevention plan requirements for these industries are good housekeeping 
    measures, in particular, sweeping the paved portions of the site 
    surrounding the material handling areas. Washing the paved areas 
    without first sweeping or otherwise removing the accumulated solids may 
    result in the discharge of these pollutants in the washwater unless the 
    washwater is contained onsite or otherwise collected without discharge.
    5. Storm Water Pollution Prevention Plan Requirements
        a. Contents of the Plan.
        (1) Description of Potential Pollutant Sources. All facilities 
    covered by today's permit must prepare a description of the potential 
    pollutant sources at the facility which complies with the common 
    requirements described in Part VI.C.2. of this fact sheet. In addition 
    to these requirements, facilities covered by this section must provide 
    the following additional information in their pollution prevention 
    plan.
        Facilities covered under Part XI.E. of today's permit must identify 
    on the site map the location of any: bag house or other air pollution 
    control device; any sedimentation or process waste water recycling pond 
    and the areas which drain to the pond. The location of the bag house or 
    air pollution control equipment is required because this equipment 
    stores the particulates or dust that are removed from the air in and 
    around the material handling equipment. There is a potential that the 
    collected dust or particulates could come into contact with storm 
    water. Therefore the site map must indicate the location of this 
    potential source. The site map for the facility must clearly indicate 
    the portion of the facility which drains to sedimentation or recycle 
    ponds that receive process wastewater. This information is necessary to 
    illustrate the portion of the site where runoff is already controlled. 
    The site map must also indicate the outfall locations and the types of 
    discharges contained in the drainage areas of the outfalls (e.g. storm 
    water and air conditioner condensate). In order to increase the 
    readability of the map, the inventory of the types of discharges 
    contained in each outfall may be kept as an attachment to the site map. 
    The site map for these facilities must also indicate the portion of the 
    site where regular sweeping or other equivalent good housekeeping 
    measures will be implemented to prevent the accumulation of spilled 
    materials or settled dust.
        (2) Measures and Controls. Part VI.C.3. of today's fact sheet 
    describes a number of measures and controls which are effective in 
    controlling the discharge of pollutants in storm water discharged from 
    a number of types of industrial activities including those facilities 
    in Major SIC Group 32. The following section describes BMPs which EPA 
    believes are particularly effective in controlling the pollutants 
    discharged from glass, clay, cement, concrete or gypsum manufacturing 
    facilities. Facilities covered under Part XI.E. are required to 
    consider each of these BMPs or its equivalent in their pollution 
    prevention plan.
        (a) Good Housekeeping--Today's permit requires that the pollution 
    prevention plans for facilities covered under this section must 
    specifically address measures to minimize the discharge of spilled 
    cement, sand, kiln dust, fly ash, settled dust or other significant 
    materials in storm water from paved portions of the site that are 
    exposed to storm water. Measures used to minimize the presence of these 
    materials may include regular sweeping, or other equivalent measures. 
    The plan shall indicate the frequency of sweeping or other measures. 
    The frequency shall be determined based upon consideration of the 
    amount of industrial activity occurring in the area and frequency of 
    precipitation. This requirement is established in an effort to minimize 
    the discharge of solids from these types of facilities. Sweeping to 
    prevent the discharge of solids must be considered in the pollution 
    prevention plan because it is a cost effective measure well suited to 
    the dry, granular, and powder-like materials used at the facilities 
    covered under this section.
        This section also requires that facilities minimize the exposure of 
    fine solids such as cement, fly ash, baghouse dust, and kiln dust to 
    storm water. The pollution prevention plan shall consider storing these 
    materials in enclosed silos, hoppers, or other containers, in 
    buildings, or in covered areas of the facility. Fine solids are a 
    particular concern because the small particles are readily suspended by 
    storm water and carried off of the site.
        (b) Preventative Maintenance--There are no additional preventative 
    maintenance requirements beyond these described in Part VI.C.3 of this 
    fact sheet.
        (c) Spill Prevention and Response--There are no additional spill 
    prevention and response requirements for facilities in the glass, clay, 
    cement, concrete or gypsum products industries beyond those described 
    in Part VI.C.3.c. of this fact sheet.
        (d) Inspections--Facilities in the glass, clay, cement, concrete, 
    and gypsum products industries are required to conduct self inspections 
    at a frequency which they determine to be adequate to ensure proper 
    implementation of their pollution prevention plan, but not less 
    frequently than once per month. Monthly inspections are necessary for 
    the facility to be able to assess the effectiveness of 
    
    [[Page 50874]]
    the pollution prevention plan. Less frequent inspections may allow 
    facilities to delay inspections until after periods of high activity 
    when the greatest potential for exposure of materials occurs. This 
    section requires that the inspections take place while the facility is 
    in operation because this is the only time when potential pollutant 
    sources (such as malfunctioning dust control equipment or non-storm 
    water discharges from equipment washing operations) may be evident. The 
    inspectors must observe several portions of the site which EPA believes 
    are potential sources of pollutants in storm water including: material 
    handling areas, above ground storage tanks, hoppers or silos, dust 
    collection/containment systems, vehicle washing, and equipment cleaning 
    areas.
        (e) Employee Training--In addition to the requirements described in 
    Part VI.C.3.e. of this fact sheet, the pollution prevention plan 
    training requirements for facilities in the glass, clay, cement, 
    concrete, and gypsum industries require that the employee training 
    program address procedures for equipment and vehicle washing. This is 
    because these are common activities in these industries which result in 
    process wastewater which may be discharged into the storm water 
    conveyance system. Training programs should focus on where and how 
    equipment should be cleaned at the facility so that there will be no 
    unpermitted discharge of wash water to the storm water conveyance 
    system. EPA recommends that facilities conduct training annually at a 
    minimum. However, more frequent training may be necessary at facilities 
    with high turnover of employees or where employee participation is 
    essential to the storm water pollution prevention plan.
        (f) Recordkeeping and Internal Reporting Procedures--There are no 
    additional recordkeeping and internal reporting procedure requirements 
    for facilities in the stone, clay, glass or concrete products 
    industries beyond than those described in Part VI.C.3.f. of this fact 
    sheet.
        (g) Non-storm Water Discharges--There are no additional non-storm 
    water discharge certification requirements for facilities in the stone, 
    clay, glass or concrete products industries beyond those described in 
    Part VI.C.2.d. of this fact sheet with the exception of facilities 
    engaged in production of concrete products. These facilities must 
    include in the certification a description of measures which insure 
    that process wastewater which results from washing of trucks, mixers, 
    transport buckets, forms or other equipment are discharged in 
    accordance with NPDES requirements or are recycled. These nonprocess 
    wastewater discharges are common to this industry. However, these 
    discharges are not eligible for coverage under this section and it is 
    necessary to assess the facility for the presence of these discharges 
    so that steps may be taken to eliminate the discharges or to cover the 
    process discharges with a separate permit.
        A number of facilities in the concrete products industry maintain 
    wash water recycle/retention ponds which receive the process wastewater 
    from equipment cleaning and other operations. These ponds may also 
    receive a portion or all of the runoff from the industrial site. These 
    facilities are required to provide an estimate of the depth of the 24-
    hour duration storm event that would be required to cause the recycle/
    retention pond to overflow and discharge to the waters of the United 
    States. Methods to make this estimate can include, but are not limited 
    to, the original design calculations for the recycle/retention pond or 
    historical observation.
        (h) Sediment and Erosion Control--There are no additional sediment 
    and erosion control requirements for facilities in the stone, clay, 
    glass, or concrete products industries beyond those described in Part 
    VI.C.3.g. of this fact sheet.
        (i) Management of Runoff--There are no additional requirements for 
    management of runoff at facilities in the stone, clay, glass, or 
    concrete products industries beyond than those described in Part 
    VI.C.3.h. of this fact sheet.
        (3) Comprehensive Site Compliance Evaluation. Facilities in the 
    glass, clay, cement, concrete, and gypsum product sector must perform 
    an annual site compliance evaluation as described in Part VI.C.4. of 
    this fact sheet. For facilities in the concrete product manufacturing 
    industries, the evaluation must specifically address the following 
    portions of the site: above ground storage tanks, hoppers or silos; 
    dust collection/containment systems; truck wash down; and equipment 
    cleaning areas. Because these areas are the most likely sources of 
    pollutants, these portions of the site must be thoroughly evaluated.
    6. Numeric Effluent Limitations
        Part XI.E.4. of today's permit establishes numeric effluent 
    limitations for storm water discharges from storage areas for materials 
    used or produced at cement manufacturing facilities. Discharges from 
    these areas may not exceed a maximum TSS concentration of 50 mg/L. The 
    pH of the discharges from these areas must be within the range of 6.0 
    to 9.0. Untreated discharges from the facility which are a result of a 
    storm with a rainfall depth greater than the 10-year, 24-hour storm 
    event are not subject to this limitation. These effluent limitations 
    are in accordance with 40 CFR 411.32 and 40 CFR 411.37. Effluent 
    Guidelines and Standards, Cement Manufacturing Point Source Category, 
    Materials Storage Piles Runoff Subcategory. These limitations represent 
    the degree of effluent reduction attainable by the application of best 
    practicable control technology and best conventional pollutant control 
    technology. Dischargers subject to these numeric effluent limitations 
    must be in compliance with the limits upon commencement of and for the 
    entire term of this permit. Discharges that are associated with 
    industrial activities that do not contain runoff from material storage 
    areas at cement manufacturing facilities are not subject to the 
    effluent limitation described above.
    7. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. EPA believes that glass, 
    clay, cement, concrete, and gypsum product manufacturing may reduce the 
    level of pollutants in storm water runoff from their sites through the 
    development and proper implementation of the storm water pollution 
    prevention plan requirements discussed in today's permit. In order to 
    provide a tool for evaluating the effectiveness of the pollution 
    prevention plan, requires two of the four subsectors within the glass, 
    clay, cement, concrete and gypsum product manufacturing sector to 
    perform analytical monitoring.
        The clay product subsector includes brick and structural clay tile 
    manufacturers (SIC 3251), ceramic wall and floor tile manufacturers 
    (SIC 3253), clay refractories (SIC 3255), manufacturers of structural 
    clay products, not elsewhere classified (SIC 3259), manufacturers of 
    vitreous china table and kitchen articles (SIC 3232), manufacturers of 
    fine earthenware table and kitchen articles (SIC 3263), manufacturers 
    of porcelain electrical supplies (SIC 3264), pottery products (SIC 
    3269) and non-clay refractories (3297). Data submitted by group 
    applicants within this subsector show that a significant portion of the 
    facilities discharge aluminum concentrations higher than bench mark 
    values. Therefore facilities with these industrial activities must 
    monitor for the pollutant identified in Table E-7.
        The concrete and gypsum subsector includes concrete block and brick 
    manufacturers (SIC 3271), concrete 
    
    [[Page 50875]]
    products manufacturers (SIC 3272), ready mix concrete manufacturers 
    (SIC 3273), gypsum product manufacturers (SIC 3275) and manufacturers 
    of mineral and earth products (SIC 3295). Data submitted by group 
    applicants within this subsector show that a significant portion of the 
    facilities discharge total suspended solids and iron in concentrations 
    higher than bench mark values. Therefore facilities with these 
    industrial activities must monitor for pollutants identified in Table 
    E-8.
        The glass product subsector includes flat glass manufacturers (SIC 
    3211), glass container manufacturers (SIC 3221), pressed and blown 
    glass and glassware manufacturer (SIC 3229), and manufacturers of glass 
    products made of purchased glass (SIC 3231). Monitoring data submitted 
    by facilities within this subsector do not indicate that these 
    facilities are likely to discharge storm water with pollutant 
    concentrations greater than the bench marks. Therefore, this sector is 
    not subject to analytical monitoring requirements under this permit.
        The cement manufacturing subsector includes manufacturers of 
    hydraulic cement (SIC 3241). This subsector is not subject to the 
    analytical monitoring requirements under Section XI.E.5.a this permit. 
    However, because these facilities are subject to numerical effluent 
    limitations they are subject to compliance monitoring described in 
    section XI.E.5.d of the permit.
        At a minimum, storm water discharges from clay and gypsum, and 
    concrete product manufacturing must be monitored quarterly (January 
    through March, April through June, July through September and October 
    through December) during the second year of permit coverage. At the end 
    of the second year of permit coverage, a facility must calculate the 
    average concentration for each parameter listed in Tables E-7 and E-8. 
    If the permittee collects more than four samples in this period, then 
    they must calculate an average concentration for all parameters 
    analyzed, not simply a minimum of four selected analysis.
    
            Table E-7.--Clay Product Industry Monitoring Requirements       
    ------------------------------------------------------------------------
                                                                  Cut-off   
                      Pollutants of concern                    concentration
    ------------------------------------------------------------------------
    Total Recoverable Aluminum...............................  0.75 mg/L.   
    ------------------------------------------------------------------------
    
    
    Table E-8.--Concrete and Gypsum Product Industry Monitoring Requirements
    ------------------------------------------------------------------------
                                                                  Cut-off   
                      Pollutants of concern                    concentration
    ------------------------------------------------------------------------
    Total Suspended Solids (TSS).............................  100 mg/L.    
    Total Recoverable Iron...................................  1.0 mg/L.    
    ------------------------------------------------------------------------
    
        If the average concentration for a parameter is less than or equal 
    to the value listed in Tables E-7 or E-8, then the permittee is not 
    required to conduct quantitative analysis for that parameter during the 
    fourth year of the permit. If, however, the average concentration for a 
    parameter is greater than the cut-off concentration listed in Tables E-
    7 or E-8, then the permittee is required to conduct quarterly (in the 
    same quarterly periods listed above) monitoring for that parameter 
    during the fourth year of permit coverage. Monitoring is not required 
    during the first, third, and fifth year of the permit. The exclusion 
    from monitoring in the fourth year of the permit is conditional on the 
    facility maintaining industrial operations and BMPs that will ensure a 
    quality of storm water discharges consistent with the average 
    concentrations recorded during the second year of the permit.
    
                                           Table E-9.--Schedule of Monitoring                                       
    ----------------------------------------------------------------------------------------------------------------
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
    2nd Year of Permit Coverage.............   Conduct quarterly monitoring.                                
                                               Calculate the average concentration for all parameters       
                                               analyzed during this period.                                         
                                               If average concentration is greater than the value listed in 
                                               Table E-7 or E-8, then quarterly sampling is required during the     
                                               fourth year of the permit.                                           
                                               If average concentration is less than or equal to the value  
                                               listed in Table E-7 or E-8, then no further sampling is required for 
                                               that parameter.                                                      
    4th Year of Permit Coverage.............   Conduct quarterly monitoring for any parameter where the     
                                               average concentration in year 2 of the permit is greater than the    
                                               value listed in Table E-7 or E-8.                                    
                                               If industrial activities or the pollution prevention plan    
                                               have been altered such that storm water discharges may be adversely  
                                               affected, quarterly monitoring is required for all parameters of     
                                               concern.                                                             
    ----------------------------------------------------------------------------------------------------------------
    
        In cases where the average concentration of a parameter exceeds the 
    cut-off concentration, EPA expects permittees to place special emphasis 
    on methods for reducing the presence of those parameters in storm water 
    discharges. Quarterly monitoring in the fourth year of the permit will 
    reassess the effectiveness of the adjusted pollution prevention plan.
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly chemical sampling.
        b. Alternative Certification. Throughout today's permit, there are 
    monitoring requirements for facilities which the Agency believes have 
    the potential for contributing significant levels of pollutants to 
    storm water discharges. The alternative described below is necessary to 
    ensure that monitoring requirements are only imposed on those 
    facilities that do, in fact, have storm water discharges containing 
    pollutants at concentrations of concern. EPA has determined that if 
    materials and activities are not exposed to storm water at the site, 
    then the potential for pollutants to contaminate storm water discharges 
    does not warrant monitoring.
        Therefore, a discharger is not subject to the monitoring 
    requirements of this Part provided the discharger makes a certification 
    for a given outfall, or on a pollutant-by-pollutant basis, in lieu of 
    sampling required under Part XI E.5 of today's permit, that material 
    handling equipment or activities, raw materials, intermediate products, 
    final products, waste materials, by-products, industrial machinery or 
    operations, significant materials from past industrial activity that 
    are located in areas of the facility that are within the drainage area 
    of the outfall are not presently exposed to storm water and will not be 
    exposed to storm water for the certification period. Such certification 
    must be retained in the storm water pollution prevention plan and 
    submitted to EPA in lieu of monitoring reports required under Part XI 
    E.5.b. The permittee is required to 
    
    [[Page 50876]]
    complete any and all sampling until the exposure is eliminated. If the 
    facility is reporting for a partial year, the permittee must specify 
    the exposure was eliminated. If the permittee is certifying that a 
    pollutant was present for part of the reporting period, nothing 
    relieves the permittee from the responsibility to sample that parameter 
    up until the exposure was eliminated and it was determined that no 
    significant materials remained.
        This certification is not to be confused with the low concentration 
    sampling waiver. The test for the application of this certification is 
    whether the pollutant is exposed, or can be expected to be present in 
    the storm water discharge. If the facility does not and has not used a 
    parameter, or if exposure is eliminated and no significant materials 
    remain, then the facility can exercise this certification. In the case 
    of certifying that a pollutant is not present, the permittee must 
    submit the certification along with the monitoring reports required 
    under paragraph (b) below. If the permittee cannot certify for an 
    entire period, they must submit the date exposure was eliminated and 
    any monitoring required up until that date. This certification option 
    is not applicable to compliance monitoring requirements associated with 
    effluent limitations. EPA does not expect facilities to be able to 
    exercise this certification for indicator parameters, such as TSS and 
    BOD.
        c. Reporting Requirements. Permittees are required to submit all 
    monitoring results obtained during the second and fourth year of permit 
    coverage within 3 months of the conclusion of each year. For each 
    outfall, one signed Discharge Monitoring Report Form must be submitted 
    per storm event sampled. For facilities conducting monitoring beyond 
    the minimum quarterly requirements an additional Discharge Monitoring 
    Report Form must be filed for each analysis.
        d. Sample Type. All discharge data shall be reported for grab 
    samples. All such samples shall be collected from the discharge 
    resulting from a storm event that is greater than 0.1 inches in 
    magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. The required 
    72-hour storm event interval is waived where the preceding measurable 
    storm event did not result in a measurable discharge from the facility. 
    The required 72-hour storm event interval may also be waived where the 
    permittee documents that less than a 72-hour interval is representative 
    for local storm events during the season when sampling is being 
    conducted. The grab sample shall be taken during the first 30 minutes 
    of the discharge. If the collection of a grab sample during the first 
    30 minutes is impracticable, a grab sample can be taken during the 
    first hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable.
        If storm water discharges associated with industrial activity 
    commingle with process or nonprocess water, then where practicable 
    permittees must attempt to sample the storm water discharge before it 
    mixes with the non-storm water discharge.
        e. Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluent. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    (e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)) shall be provided in the plan.
        f. Quarterly Visual Examination of Storm Water Quality. Quarterly 
    visual examinations of storm water discharges from each outfall are 
    required. Note that this requirement applies to all facilities and not 
    just those subject to the analytical monitoring requirements under Part 
    VI.E.7. of this fact sheet. The examination must be of a grab sample 
    collected from each storm water outfall. The examination of storm water 
    grab samples shall include any observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, or 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on these samples.
        The examination must be made at least once every 3 months (January 
    through March, April through June, July through September, and October 
    through December) during permit coverage. Examinations shall be made 
    during daylight unless there is insufficient rainfall or snow-melt to 
    produce runoff. Whenever practicable, the same individual should carry 
    out the collection and examination of discharges throughout the life of 
    the permit to ensure the greatest degree of consistency possible. Grab 
    samples shall be collected within the first 30 minutes (or as soon 
    thereafter as practical, but not to exceed 60 minutes) of when the 
    runoff begins discharging. Reports of the visual examination include: 
    the examination date and time, examination personnel, visual quality of 
    the storm water discharge, and probable sources of any observed storm 
    water contamination. The visual examination reports must be maintained 
    onsite with the pollution prevention plan.
        EPA believes that this quick and simple assessment will allow the 
    permittee to approximate the effectiveness of his/her plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the chemical properties of the storm water discharged from the 
    site, the examination will provide meaningful results upon which the 
    facility may act quickly. The frequency of this visual examination will 
    also allow for timely adjustments to be made to the plan. If BMPs are 
    performing ineffectively, corrective action must be implemented. A set 
    of tracking or follow-up procedures must be used to ensure that 
    appropriate actions are taken in response to the examination. The 
    visual examination is intended to be performed by members of the 
    pollution prevention team. This hands-on examination will enhance the 
    staff's understanding of the storm water problems on that site and the 
    effects of the management practices that are included in the plan.
        When a discharger is unable to collect samples over the course of 
    the monitoring period as a result of adverse climatic conditions, the 
    discharger must document the reason for not performing the visual 
    examination. Adverse weather conditions which may prohibit the 
    collection of samples include weather conditions that create dangerous 
    conditions for personnel (such as local flooding, high winds, 
    hurricane, tornadoes, electrical storms, etc.) or otherwise make the 
    collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly visual examination. 
    
    [[Page 50877]]
    
        g. Compliance Monitoring Requirements. Today's permit requires 
    permittees with discharges of runoff from material storage at cement 
    manufacturing facilities to monitor for the presence of TSS and pH. 
    These monitoring requirements are necessary to evaluate compliance with 
    the numeric effluent limitation established for these discharges. 
    Monitoring shall be performed upon a minimum of one grab sample. All 
    samples shall be collected from the discharge resulting from a storm 
    event that is greater than 0.1 inches in magnitude and that occurs at 
    least 72 hours from the previously measurable (greater than 0.1 inch 
    rainfall) storm event. The grab sample shall be taken during the first 
    30 minutes of the discharge. If the collection of a grab sample during 
    the first 30 minutes is impracticable, a grab sample can be taken 
    during the first hour of the discharge, and the discharger shall submit 
    with the monitoring report a description of why a grab sample during 
    the first 30 minutes was impracticable. Monitoring results shall be 
    submitted on Discharge Monitoring Report Form(s) postmarked no later 
    than the 31st day of the month following collection of the sample. 
    Facilities which discharge through a large or medium municipal separate 
    storm sewer system (systems serving a population of 100,000 or more) 
    must also submit signed copies of discharge monitoring reports to the 
    operator of the municipal separate storm sewer system. Alternative 
    Certification provisions described in Section VI.E.5 do not apply to 
    facilities subject to compliance monitoring requirements in this 
    section. Compliance monitoring is required at least annually for 
    discharges subject to effluent limitations. Therefore, EPA cannot 
    permit a facility to waive compliance monitoring.
    
    F. Storm Water Discharges Associated With Industrial Activity From 
    Primary Metals Facilities
    
    1. Discharges Covered Under This Section
        On November 16, 1990 (55 FR 47990), the U.S. Environmental 
    Protection Agency (EPA) promulgated the regulatory definition of 
    ``storm water discharges associated with industrial activity.'' This 
    definition included point source discharges of storm water from 11 
    categories of industrial facilities. This section of today's permit 
    includes storm water discharges associated with industrial activity 
    from primary metals facilities. These facilities are commonly 
    identified by Standard Industrial Classification (SIC) code 33. The SIC 
    codes eligible for coverage under this section of today's permit 
    include the following:
        a. Steel works, blast furnaces, and rolling and finishing mills, 
    including: steel wiredrawing and steel nails and spikes; cold-rolled 
    steel sheet, strip, and bars; and steel pipes and tubes (SIC 331).
        b. Iron and steel foundries, including: gray and ductile iron, 
    malleable iron, steel investment, and steel foundries, not elsewhere 
    classified (SIC 332).
        c. Primary smelting and refining of nonferrous metals, including: 
    primary smelting and refining of copper and primary production of 
    aluminum (SIC 333).
        d. Secondary smelting and refining of nonferrous metals (SIC 334).
        e. Rolling, drawing, and extruding of nonferrous metals, including: 
    rolling, drawing, and extruding of copper; aluminum extruded products; 
    rolling, drawing, and extruding of nonferrous metals, except copper and 
    aluminum; and drawing and insulating of nonferrous wire (SIC 335).
        f. Nonferrous foundries (castings), including: aluminum die-
    castings, nonferrous die-castings, except aluminum, aluminum foundries, 
    copper foundries, and nonferrous foundries, except copper and aluminum 
    (SIC 336).
        g. Miscellaneous primary metal products, not elsewhere classified, 
    including metal heat treating (SIC 339).
        Group applications were received from facilities representing each 
    of the categories of industry eligible for coverage under this section. 
    A large number of group applications also included facilities 
    identified by other SIC codes. These facilities may be covered in 
    whole, or in part, by other sections of today's permit. In other cases, 
    SIC codes may have been assigned improperly. The special conditions 
    reflected in this section of today's permit relate to specific 
    operations taking place at a facility. These operations should be used 
    as the basis for determining permit requirements appropriate for that 
    particular facility.
        Although there are many activities common to some or all of the 
    facilities covered by this section, some of the operations discussed 
    are unique to a particular industry group. Due to the broad range of 
    activities conducted by facilities in this category, it would be 
    impossible to identify all activities occurring at facilities covered 
    by this section. This fact sheet attempts to describe the major 
    activities representative of many of the facilities addressed by this 
    section and provides examples of concerns associated with storm water 
    discharges from primary metals facilities. All materials present and 
    industrial activities taking place at a facility that have a potential 
    impact on storm water discharges must be addressed by the facility's 
    pollution prevention plan, whether or not the material or activity is 
    specifically addressed by this section.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
    2. Industry Profile
        Facilities in the primary metals industry conduct a wide range of 
    activities. The SIC manual lists seven industry groups (three-digit SIC 
    codes), and 27 industry numbers (four-digit SIC codes) within the 
    sector. Of these, facilities representing 21 four-digit SIC codes 
    submitted group applications.
        Due to the large number of alternate processes available for many 
    activities conducted within the primary metals industry it is very 
    difficult to characterize ``typical'' facilities. Facilities within the 
    same industry can employ quite dissimilar processes to arrive at a 
    similar product. Differences can be found in the types of raw 
    materials, furnaces or ovens, casting processes, the degree of 
    mechanization, and any finishing operations which may be employed by a 
    particular facility. Considerable differences can also be seen between 
    facilities based on their customers needs. Some facilities may operate 
    as a job shop, providing finished parts to other companies. Other 
    facilities could conduct more limited operations and pass the product 
    on to other facilities that provide finishing operations exclusively.
        These differences in specific processes, as well as in the general 
    scale and scope of individual operations can make facilities with the 
    same or similar SIC codes quite different. Due to the difficulty in 
    subdividing the industry into distinct facility types, the following 
    
    [[Page 50878]]
    discussion briefly describes the full range of activities potentially 
    employed by members of this industry. Despite the substantial diversity 
    within the industry group, there are a number of general operations 
    which characterize the majority of industrial processes.
        Facilities in the primary metals industry are typically involved in 
    one or more of the following general operations: raw material storage 
    and handling; furnace and oven related processes; preparation of molds, 
    casts, or dies; metal cleaning, treating and finishing; and waste 
    handling and disposal.
        a. Raw Material Storage and Handling Activities. Due to the nature 
    of the primary metals industry, large quantities of raw materials are 
    required for many operations. The extent to which these materials are 
    stored outside exposed to precipitation will depend on the specific 
    operations taking place at a facility, the size of the operation, as 
    well as the storage space available that is covered. Some of the most 
    common materials used are metals, fuels, fluxes, refractories, sand, 
    and an assortment of solvents, acids, and other chemicals.
        The primary raw material for all facilities in the industry is the 
    source of metal to be used or processed. For steel works, smelters, and 
    blast furnaces, the raw material could be metallic ores, scrap, dross, 
    or foundry returns. Foundries may use scrap materials, borings, 
    turnings, metal ingots, pigs or a mixture of these and other materials. 
    Rolling mills, heat treaters, and metal finishing operations will 
    generally use billets, slabs, blooms, bars, pigs or other cast metal 
    pieces as their primary raw material. These may be produced at another 
    part of the same facility, or purchased from another source. Some of 
    these materials may arrive with protective or incidental coatings of 
    oil, oxides, or other impurities. Due to the large size and volume of 
    some of these materials they may be stored outside.
        Energy sources for facilities within the industry are also quite 
    varied. While steel mills with coking operations may use coal as the 
    fuel for firing coke ovens, coal would also be the raw material that 
    would be converted to coke. Some iron and steel foundries or mini-mills 
    may use coke as a fuel only, or may use electric arc furnaces for 
    melting. Smaller foundries (ferrous or nonferrous) may use gas-fired or 
    electric induction furnaces.
        A variety of fluxes are often added to the molten metal to allow 
    impurities to be removed as slag or dross. In the iron and steel 
    industry, limestone is probably the most common flux used. Others 
    include dolomite, soda ash, fluorspar, and calcium carbide. Nonferrous 
    operations may use other fluxing agents or none at all.
        During the melting process, refractories are used to line and 
    protect the furnaces. These refractories have limited lives and must be 
    replaced periodically. The life of the refractory will depend on the 
    type of furnace as well as the material being melted. Some large 
    furnaces require almost constant patching of the refractory materials 
    and thus large quantities may be stored for future use.
        Another common material used in casting operations is sand. Many 
    foundries will use sands of different types to produce the molds and 
    cores for the production of castings. Although some facilities are able 
    to recycle their sand, others must dispose of some or all of the used 
    sand and thus require large amounts of fresh sand as a raw material. 
    There are also a large number of sand additives and binders which may 
    be used to control the properties of the mold produced. ``Wet'' sand 
    may contain clay, seacoal, bentonite, wood flour, phenol, iron oxide, 
    and numerous other acids and chemicals, some of which may be toxic.
        Other processes related to finishing operations can require a wide 
    variety of solvents, chemicals, and acids. Many facilities involved in 
    cleaning, treating, painting, or other finishing operations may store 
    these products in tanks or drums which may be exposed to precipitation.
        b. Furnace, Rolling, and Finishing Operations. The majority of 
    processes within the primary metals industry are conducted inside. 
    These activities include all types of furnace operations, rolling 
    operations, as well as all kinds of metal finishing activities. Many of 
    these operations, however, generate significant quantities of 
    particulate matter which, if not properly controlled, can result in 
    exposure to precipitation.
        There are many different types of furnaces. Each has advantages and 
    limitations and are used for different types of metals. Facilities may 
    use coal, coke, or gas fired furnaces as well as electric arc or 
    induction furnaces.
        Coke ovens, or batteries, generally use coal fired furnaces to heat 
    coal in the absence of oxygen to drive off volatiles. The resultant 
    product is coke which is subsequently used in other furnace operations. 
    Blast furnaces are usually operated on a continuous basis with coke, 
    iron ore, and fluxes charged at the top of a vertical shaft while 
    molten pig iron and slag are tapped at different levels below.
        Sintering plants burn coke breeze (particles too small to use for 
    charging in cupola or blast furnaces) mixed with iron ore, flue dust, 
    or other products to fuse them into materials that can then be charged 
    with regular coke in a furnace. Cupola furnaces are used by ferrous 
    foundries and operate in essentially the same manner as blast furnaces, 
    allowing a range of scrap steel and iron to be charged with coke and 
    fluxes at the top of the furnace.
        Basic oxygen process furnaces use a mixture of molten iron and 
    scrap as the charge. High-purity oxygen is injected into the furnace 
    where it combines with impurities in the charge materials and provides 
    heat to melt the charge of scrap.
        There are two types of electric furnaces in use. Electric arc 
    furnaces operate in a batch fashion and are often used by steel mini-
    mills. Scrap metal is placed in the furnace along with three electrodes 
    which provide the energy to melt the charge. Electric induction 
    furnaces are generally smaller than other types described above and 
    require that cleaner metals be used.
        Gas-fired furnaces are often used by nonferrous foundries. They are 
    generally small and require relatively clean metals for melting.
        One trait that all types of furnaces share is the generation of 
    significant emissions, including particulate emissions. Blast furnaces, 
    sintering plants, and cupola furnaces, all fired by coke, have 
    particularly high particulate emissions. These furnaces are capable of 
    handling a relatively ``dirty'' charge, with significant impurities 
    which can lead to a variety of emissions problems. For these reasons, 
    these types of furnaces will have emissions controls such as baghouses, 
    wet scrubbers, or electrostatic precipitators. Electric arc furnaces 
    are also able to melt fairly ``dirty'' scrap and can also have 
    significant levels of particulate emissions.
        At the other end of the spectrum are smaller electric induction and 
    gas fired furnaces which generally require a very clean charge. 
    Although this reduces the volume of emissions concerns significantly, 
    they are also less likely to have as extensive pollution control and 
    thus fugitive emissions of particulates may be significant.
        The effectiveness of emissions control equipment in controlling 
    particulate generation will depend on the furnace operation, the raw 
    materials used, the type of control equipment in place, and the degree 
    to which it is operating properly. Fugitive emissions, faulty or 
    improperly maintained equipment, and ``dirty'' raw materials can all 
    contribute to particulate emissions that may not be captured by 
    pollution control 
    
    [[Page 50879]]
    equipment, and may be exposed to precipitation.
        Another category of operations are rolling, drawing, and extruding 
    operations. Facilities involved in these operations will often use 
    furnaces similar to those described above. The metal will often be 
    heated, and then passed through a series of rollers which alter its' 
    dimensions, making it longer, flatter, etc. This process generally 
    involves large amounts of contact cooling water which can contain high 
    levels of suspended solids and oil and grease.
        c. Preparation of Molds, Pouring, Cooling, and Shakeout. Foundry 
    operations and die-casters will generally prepare the molds, casts, or 
    dies that will determine the ultimate shape of the product to be 
    produced. There are a number of possible operations with significant 
    differences between them. These include sand casting, investment 
    casing, and die casting.
        Sand casting operations involve a number of possible steps and a 
    range of materials. Casts are shaped in two sections which form the 
    outside of the part to be produced. Cores can also be used to form 
    inner surfaces of the parts. A variety of sands may be used and can be 
    combined with clay and a number of other additives to give the mold the 
    desired properties. Once the casting has cooled, it is placed on a 
    vibrating screen which shakes loose the majority of the sand. The 
    casting is then ready for cleaning and finishing operations. At some 
    facilities the used sand may be recycled or some or all of the sand may 
    need to be disposed of and replaced.
        Investment casting involves the formation of a wax replica of the 
    part to be produced, usually in a metal die. A series of wax parts may 
    be attached to a ``tree.'' Once a tree is completed, it is coated with 
    a ceramic cast in a series of dipping operations. The wax may then be 
    removed from the cast in a furnace or the metal can be poured in 
    directly. As in sand casting, the casting is allowed to cool before the 
    cast is removed. A separate wax form and ceramic shell must be made for 
    each part to be produced.
        Die-castings employ a more direct route from molten metal to 
    finished part. A metal die is produced and molten metal in injected 
    under pressure into it. Once it has cooled, the casting is removed and 
    is ready for finishing operations. Unlike sand casting or investment 
    casting, the die can be used over and over to produce more parts.
        Like most foundry operations, molds are generally prepared indoors. 
    There are, however, particulate emissions associated with the pouring 
    and cooling of molten metal.
        d. Metal Cleaning, Treating, and Finishing. Almost all operations 
    in the primary metals industry result in metal products which require 
    some degree of finishing. The type of finishing activities undertaken 
    depend on the material being treated, as well as the properties desired 
    in the final part and can include both mechanical and chemical 
    operations.
        Castings generally come out of their molds with metal sprues and 
    other imperfections which must be removed. This can be done through 
    grinding, cutting, or blasting with sand, shot, or grit. Other possible 
    operations include drilling, threading, or dimensioning. A combination 
    of these operations is often necessary.
        Some facilities such as rolling mills will use a descaling process 
    to remove oxides and other residues which can form on the surfaces of 
    metallic products. Typical operations include blasting with water or 
    sand. This produces large quantities of scale and other particulate 
    matter which may contain other residual products such as oil.
        Heat treating is another operation which can involve furnaces for 
    controlled heating and cooling of large quantities of metal. A variety 
    of media may be used to cool metals at different rates. Oil, water, and 
    liquid salt baths may all be used depending on the properties desired 
    in the finished product. Acid pickling may be used to remove unwanted 
    material from the surface of metal. Other cleaning and finishing 
    operations may involve a wide range of solvents, acids, or other 
    chemicals. All of these processes can generate toxic wastes in the form 
    of sludges, particulates, or spent baths. In addition, residuals from 
    these operations left on the metal surface may become exposed to storm 
    water if materials are transported or stored outside.
        e. Waste Handling and Disposal. Wastes are generated from numerous 
    sources within the primary metals industry. Some types of waste are 
    found at a majority of facilities while others may be specific to a 
    particular activity. Some of the common waste products include used 
    sand, cores, butts, refractory rubble, machining and finishing wastes, 
    slag, dross, and collected particulates such as baghouse dust.
        Sand casting operations which are not able to fully recycle their 
    sand may generate large volumes of waste or ``burnt'' sand. ``Wet'' 
    sands may contain any one of a number of additives, depending on the 
    specific type of casting being produced. Other related wastes include 
    the cores and butts used in the sand casing process.
        Most casting operations will produce a product which requires some 
    degree of machining and finishing. The wastes produced will depend 
    mainly on the material being finished and whether a mechanical or 
    chemical process is used. Machining waste can include fines, turnings, 
    or cuttings as well as shot, grit, and scale from blasting operations. 
    Chemical finishing can result in waste solvents, acids, and pickling 
    sludges and baths which contain metal wastes.
        The metal melting process results in the production of slag from 
    ferrous, or dross from nonferrous materials. The content and volume of 
    these wastes produced will vary depending on the charge material, and 
    any fluxing agents or additives that may be used. In general, slag is 
    produced in greater quantities and will be more likely to be stored 
    outside, however there is the possibility of exposure of both types of 
    waste to precipitation.
        Particulate matter generated in furnaces and during machining is 
    another source of waste with significant potential for storm water 
    contamination. These waste streams may be segregated at larger 
    facilities or combined, but the concerns are essentially the same. The 
    dusts are collected in baghouses, electrostatic precipitators, wet 
    scrubbers, or in cyclones and disposed of. If the pollution control 
    equipment is inadequate, or not operating effectively, there is 
    potential for storm water contamination from these types of waste.
    3. Pollutants Found in Storm Water Discharges
        Impacts caused by storm water discharges from primary metals 
    facilities will vary. A number of factors will influence to what extent 
    the activities at a particular facility will affect water quality. 
    These include: geographic location, hydrogeology, the amounts and types 
    of materials stored outside, the types of processes taking place 
    outside, the size of the operation, as well as the characteristics of a 
    particular storm event. These and other factors will interact to affect 
    the quantity and quality of storm water runoff. For example, 
    particulate emissions from furnaces or ovens may be a significant 
    source of pollutants at some facilities, while outdoor material storage 
    such as scrap piles may be a primary source at others. In addition, 
    sources of pollution other than storm 
    
    [[Page 50880]]
    water, such as illicit connections,\42\ spills, and other improperly 
    dumped materials, may contribute significant levels of pollutants into 
    waters of the United States.
    
        \42\ Illicit connections are contributions of unpermitted non-
    storm water discharges into storm sewers from any number of sources 
    including sanitary sewers, industrial facilities, commercial 
    establishments, or residential dwellings.
    ---------------------------------------------------------------------------
    
        A summary of industrial activities conducted by primary metals 
    facilities in the group application process is listed in Table F-1. The 
    table also lists the sources of pollutants related to the activity and 
    what the specific pollutants of concern are. The table is limited to 
    those activities which are generally conducted outside, or that have 
    potential to contribute pollutants to storm water discharges. Many 
    processes in the primary metals industry are conducted inside and are 
    therefore not represented in Table F-1.
    
                Table F-1.--Pollutants of Concern for Major Activities Within the Primary Metals Industry           
    ----------------------------------------------------------------------------------------------------------------
               Activity                                   Source                                 Pollutants         
    ----------------------------------------------------------------------------------------------------------------
    Raw material storage and        Metal product stored outside such as foundry       Residual or protective Oil   
     handling.                       returns, scrap metal, turnings, fines, ingots,     and Grease, Metals, TSS,    
                                     bars, pigs, wire.                                  COD, TSS.                   
                                    Outdoor storage or handling of fluxes............  pH (limestone).              
                                    Storage piles, bins, or material handling of coke  TSS, pH, metals.             
                                     or coal.                                                                       
                                    Storage or handling of casting sand or refractory  TSS.                         
    Vehicle Maintenance...........  Vehicle fueling and maintenance or outdoor         Oil and grease.              
                                     storage tanks and drums of gas, diesel,                                        
                                     kerosene, lubricants, solvents.                                                
    Waste materials--handling,      Slag or dross stored or disposed of outside in     Metals, pH.                  
     storage, and disposal.          piles or drums.                                                                
                                    Fly ash, particulate emissions, dust collector     TSS.                         
                                     sludges and solids, baghouse waste.                                            
                                    Storage and disposal of waste sand or refractory   TSS, metals, misc. ``wet''   
                                     rubble in piles outside.                           sand additives.             
                                    Machining waste--fines, turnings, oil, borings,    TSS, metals, oil and grease. 
                                     gates, sprues, scale.                                                          
                                    Obsolete equipment stored outside................  Oil and grease.              
                                    Landfilling or open pit disposal of wastes onsite  See Part VIII.L.             
    Furnace operations and          Losses during charging of coke ovens or sintering  TSS, particulates, metals,   
     pollution control equipment.    plants and from particulate emissions.             volatiles, pH.              
                                    Particulate emissions from blast furnaces,         TSS, metals.                 
                                     electric arc furnaces, induction furnaces.                                     
                                    Fugitive emissions from poorly maintained or       TSS, metals.                 
                                     malfunctioning baghouses, scrubbers,                                           
                                     electrostatic precipitators, cyclones.                                         
                                    Wastewater treatment operations exposed to         See Part VIII.T.             
                                     precipitation.                                                                 
    Rolling, casting, and           Exposure of wastewater used for cooling or         Oil and grease, pH, TSS,     
     finishing operations.           descaling related to rolling.                      metals, COD.                
                                    Storage of products outside after painting,        pH, solvents, metals.        
                                     pickling, or cleaning operations.                                              
                                    Casting cooling or shakeout exposed to             TSS, metals.                 
                                     precipitation or wind.                                                         
                                    Losses of particulate matter from machining        Metals, TSS.                 
                                     operations (grinding, drilling, boring, cutting)                               
                                     through deposition or storage of products                                      
                                     outside.                                                                       
    Plant yards...................  Areas of the facility with unstabilized soils      TSS.                         
                                     subject to erosion.                                                            
    Illicit discharges............  Improper connection of floor, sink, or process     Dependent on source.         
                                     wastewater drains.                                                             
    ----------------------------------------------------------------------------------------------------------------
    
        Although operations at primary metals facilities may vary 
    considerably, the elements with potential impact on storm water 
    discharges are fairly uniform and consistent. Facilities may include 
    considerable areas of raw and waste material storage such as coal, 
    coke, metal, ores, sand, scale, scrap, and slag. Processes generally 
    involve furnaces for heating and melting metals or for producing coke, 
    any of which may result in significant particulate emissions. Due to 
    the nature of their operations some facilities will have large areas of 
    exposed soil and heavy vehicle traffic which can lead to erosion.
        a. Raw Material Storage and Handling Activities. Raw materials with 
    potential effects on storm water discharges fall into a number of 
    distinct categories.
        Sands used for the production of molds or cores can contribute to 
    TSS loadings. Piles of materials may be washed away directly, or spills 
    and windblown losses may occur during handling and process related 
    activities.
        Metal raw materials can come in numerous forms including billet, 
    slab, pig, bar. These materials have the potential to corrode which can 
    result in the loss of metal to a solution, i.e., water. The following 
    metals are referred to as the galvanic (or electromotive) series and 
    have a tendency to corrode and become soluble in water; magnesium, 
    aluminum, cadmium, zinc, steel or iron, cast iron, chromium, tin, lead, 
    nickel, soft and silver solder, copper, stainless steel, silver, gold, 
    platinum, brass and bronze. For some metals, the extent and rate of 
    corrosion is dependent on whether it occurs in an oxygen-starved or 
    oxygen-abundant atmosphere. If materials are coated in oil to prevent 
    corrosion, or residual chemicals used to clean or treat the metal are 
    present, these can also be a source of pollution easily picked up by 
    storm water runoff.
        Scrap metals come in a variety of forms including machining waste 
    such as turnings, shavings, filings, borings or as post consumer waste 
    in a variety of forms. These materials can contribute metals, oil and 
    grease, suspended solids, and other pollutants to storm water 
    
    [[Page 50881]]
    runoff depending on their makeup and origin.
        Runoff related to storage and handling of coal and coke can 
    contribute suspended solids, metals, as well as oil and grease to 
    runoff. These can be released from piles, hoppers, or bins through 
    handling or wind-blown losses. Significant losses can also occur during 
    handling with conveyors, trucks, or while preparing charges for the 
    furnace or sintering operations.
        Fluxes such as limestone may be stored in piles, bins, or hoppers 
    outside or become exposed to precipitation during unloading and 
    handling activities. Limestone can increase the pH of storm water. 
    Fluxes can also contribute to loadings of suspended solids (TSS) or 
    have other effects depending on their makeup.
        A variety of acids and solvents may be stored in drums or tanks for 
    use in metal treating and cleaning operations. Leaks and spills from 
    tanks and drums or during handling can result in discharges with storm 
    water. These materials can affect pH of storm water and may be toxic.
        b. Process Activities. Many processes can contribute pollutants to 
    storm water discharges. These can include all types of furnaces, metal 
    finishing activities, as well as material handling equipment.
        Furnaces of all types can generate particulate emissions. The 
    quantity and character of these emissions can vary greatly depending on 
    the type of furnace, the material being melted, the fuel used, and any 
    pollution control equipment that may be in place. In general, large 
    coke-fired and electric arc furnaces capable of handling fairly dirty 
    charge products will have higher emissions, but are also more likely to 
    have sophisticated pollution control such as wet scrubbers, baghouses, 
    and electrostatic precipitators. Smaller gas fired or electric 
    induction furnaces generally require a fairly clean charge and have 
    less emissions, but might also have less sophisticated controls. 
    Settling of these emissions on roofs and plant yards are very likely to 
    be washed away in storm water runoff. These particulates can contain a 
    wide range of constituents which can contribute metals and suspended 
    solids to discharges.
        Material handling equipment such as conveyors, trucks, and 
    forklifts can all contribute drippings of oil and grease as well as 
    hydraulic fluids. This equipment may also generate or release 
    particulate matter related to the materials being handled. Pallets, 
    hoppers, drums, and storage bins may all contain residual materials 
    which may become exposed to storm water.
        Metal finishing operations can be divided in two general types. 
    Mechanical operations such as grinding, blasting, boring, chipping, 
    cutting, and descaling can all produce metal fines, chips, and turnings 
    which may contribute metals and suspended solids to discharges. 
    Residuals of oil or other materials on the finished goods or waste 
    products can also contribute pollutants. Other finishing operations 
    include acid pickling, solvent cleaning, and all types of heat treating 
    activities. Materials that have been treated or finished may have 
    residual chemicals on them such as pickling baths, oil or liquid salt 
    quench media, or solvents. Exposure of these materials could contribute 
    to pH, metals, or oil and grease in storm water discharges.
        Stationary process equipment may also produce a substantial amount 
    of residual particulate material that tends to accumulate on and around 
    the equipment. Many materials used for primary metals production are 
    conducive to this type of buildup. This will typically occur around 
    rotating machinery, moving parts, bearings, conveyors and at the output 
    of the equipment, e.g., storage containers. Particulate material that 
    accumulates can become a source of contamination if it comes in contact 
    with either precipitation or storm water runoff.
        c. Waste Material Storage, Handling, and Disposal. Waste materials 
    are generated in large volume from many of the facilities in this 
    industry. These wastes can include used sand, cores and butts, 
    refractories, slag and dross, baghouse or cyclone dusts, scrubber dusts 
    and sludges, machining wastes, and obsolete equipment. There is 
    potential for pollution from many of these sources if not properly 
    stored, handled, and disposed of.
        Used sands, cores, butts, and refractory rubble are all potential 
    sources of TSS. Due to the large volumes potentially generated and 
    their generally benign nature, these materials are often stored 
    outside. The exposure of these materials to molten metal also presents 
    the possibility of contamination with metals which may also get washed 
    away with storm water.
        Wastes related to pollution control equipment are particularly 
    susceptible to being discharged with storm water if not properly 
    controlled. These wastes could originate from baghouses, cyclones, 
    electrostatic precipitators or scrubbers. These may be in place to 
    control emissions from a large variety of ovens and furnaces, as well 
    as mechanical or chemical metal finishing operations. These dusts and 
    sludges typically contain an assortment of metals, metal oxides, and 
    other particulate matter. The size of particulates that are able to be 
    captured will vary from one type of equipment to the next and will 
    depend on proper operation and maintenance.
        Machining and finishing waste which is not collected as described 
    above may also be generated in significant quantities. This material is 
    typically metallic fines and particulate matter but may contain cutting 
    oil or other materials as well. If stored outside in piles, drums, 
    hoppers, or other containers these materials can contribute metals, 
    TSS, or oil to precipitation and storm water runoff.
        d. Erosion and Sediment Loss. Erosion from plant yards is another 
    potential source of storm water contamination from primary metals 
    facilities. Areas of vehicle traffic related to material handling, 
    loading, unloading, material storage areas etc. may all have exposed 
    soils with the potential for erosion. These soils can contribute to TSS 
    loadings in storm water discharges. Exposed surfaces also limit the 
    potential for housekeeping measures such as sweeping, making spills of 
    other materials (particulate or liquid) harder to clean up and more 
    likely to be washed away with storm water. The large size of many 
    primary metals facilities makes this a concern. For example: one group 
    application consists of 5 facilities with a total land area of 623 
    acres. Of this, approximately 105 acres (16.9 percent) were impervious 
    surfaces (buildings, paved areas), leaving 83 percent of the total area 
    potentially susceptible to erosion. Vehicle traffic, material handling, 
    and storage activities taking place in unstabilized areas can all lead 
    to erosion.
        e. Group Application Monitoring Data. Based on the wide variety of 
    industrial activities and significant materials at the facilities 
    included in this sector, EPA believes it is appropriate to divide the 
    primary metals industry into subsectors to properly analyze sampling 
    data and determine monitoring requirements. As a result, this sector 
    has been divided into the following subsectors: steel works, blast 
    furnaces, and mills (SIC 331); iron and steel foundries (SIC 332); 
    primary smelting and refining of nonferrous metals (SIC 333); secondary 
    smelting and refining of nonferrous metals (SIC 334); nonferrous 
    rolling and drawing (SIC 335); nonferrous foundries (SIC 336); and 
    miscellaneous primary metals products (SIC 339). Tables F-2, F-3, F-4, 
    and F-5 below include data for the eight pollutants that all facilities 
    were required to monitor for under Form 2F. 
    
    [[Page 50882]]
    The tables also list those parameters that EPA has determined may merit 
    further monitoring. Tables are not included for primary smelting and 
    refining of nonferrous metals manufacturing facilities; secondary 
    smelting and refining of nonferrous metals manufacturing facilities; 
    and miscellaneous primary metal products facilities subsectors because 
    less than three facilities submitted data for each of these subsectors.
    
                    Table F-2.--Statistics for Selected Pollutants Reported by Steel Works, Blast Furnaces, and Rolling and Finishing Mills Submitting Part II Sampling Data i (mg/L)               
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                             No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile      99th percentile  
                                           facilities    -------------------------------------------------------------------------------------------------------------------------------------------
           Pollutant Sample type       ------------------                                                                                                                                           
                                          Grab   Comp ii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp       Grab      Comp      Grab       Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5..............................        9        8       17       15    17.2      16.3        1.0       1.0      60.0      60.0      10.0       9.30     59.3       59.3     119.4     128.2  
    COD...............................        9        8       17       15   100.2      74.7       19.0       9.0     340.0     235.0      62.0      55.0     287.9      215.4     514.6     380.6  
    Nitrate + Nitrite Nitrogen........        9        8       16       14     2.01      1.41       0.08      0.09     15.30      9.5       0.51      0.40      7.03       4.62     18.5      11.6  
    Total Kjeldahl Nitrogen...........        9        8       17       15     1.81      1.32       0.00      0.64      4.30      2.7       1.60      1.10      4.17       2.29      6.15      2.96 
    Oil & Grease......................        9      N/A       17      N/A     3.1     N/A          0.0     N/A        16.4     N/A         2.0     N/A         9.9      N/A        18.4     N/A    
    pH................................        9      N/A       17      N/A   N/A       N/A          5.4     N/A         9.4     N/A         7.5     N/A         9.5      N/A        10.5     N/A    
    Total Phosphorus..................        9        8       17       15     0.51      0.28       0.01      0.02      2.26      0.80      0.42      0.20      2.89       1.08      8.55      2.29 
    Total Suspended Solids............        9        8       17       15   173        82          0         0       866       717        66        39      1123        346      4141      1030    
    Aluminum..........................        3        3        5        5     3.24      1.9        0.3       0.3       7.9       6         2.8       1.1      15.51       7.1      35.7      15.24 
    Zinc..............................        7        6       14       11     1.556     1.208      0         0        16         9.3       0.29      0.37      5.471      5.73     16.48     19.445 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
                                      Table F-3.--Statistics for Selected Pollutants Reported by Iron and Steel Foundries Submitting Part II Sampling Data i (mg/L)                                 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                           No. of        No. of samples          Mean               Minimum             Maximum             Median           95th percentile       99th percentile  
                                         facilities    ---------------------------------------------------------------------------------------------------------------------------------------------
          Pollutant Sample type      ------------------                                                                                                                                             
                                        Grab   Comp ii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp       Grab       Comp       Grab       Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD 5...........................       31       30       64       56    35.8      57.6        0.0      0.0     1200.0    2500.0      11.0      10.0      79.8       64.0      176.7      133.2  
    COD.............................       32       31       64       57   287.9     118.3        0.0      0.0     3600.0     640.0     108.5      76.0    1046.0      339.1     2731.7      605.9  
    Nitrate + Nitrite Nitrogen......       31       30       64       56     0.77      0.86       0.00     0.02       5.90      4.50      0.58      0.62      2.17       3.02       3.84       6.03 
    Total Kjeldahl Nitrogen.........       31       30       64       57     3.50      3.18       0.00     0.0       30.00     24.0       2.00      1.81     11.05       9.84      21.84      18.7  
    Oil & Grease....................       31      N/A       64      N/A     6.5     N/A          0.0    N/A        140.0     N/A         0.0     N/A        24.1      N/A         69.3      N/A    
    pH..............................       31      N/A       65      N/A   N/A       N/A          2.6    N/A         10.3     N/A         7.6     N/A        10.1      N/A         11.4      N/A    
    Total Phosphorus................       31       30       65       57     1.79      0.40       0.00     0.00      76.00      4.00      0.28      0.22      3.67       1.65      10.33       3.73 
    Total Suspended Solids..........       31       30       65       57   594       228          0        1.0     6300      1200       138       123      2644       1000       8264       2417    
    Aluminum........................        4        4       11       11     5.99      5.38       0        0         20        21.4       4.49      3.3      47.24      17.51     141.97      33.1  
    Copper..........................       27       26       57       50     7.919     5.155      0        0        210       140         0.08      0.04      6.629      3.362     31.253     15.875
    Iron............................        4        3        8        7     9.2      10.1        0.2      0.4       26.3      30.4       8.6       8.1      62         54.5      170.5      134.8  
    Pyrene..........................        3        3        4        4      .08      0.02       0        0          0.29      0.07      0.01      0         0.58   .........      2.37   .........
    Zinc............................       29       28       62       54    18.35     14.395      0.01     0.047    430       330         0.57      0.46     23.162     14.843     96.353     52.671 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
           Table F-4.--Statistics for Selected Pollutants Reported by Rolling, Drawing, and Extruding of Nonferrous Metals Manufacturing Facilities Submitting Part II Sampling Data i (mg/L)       
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                              No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile     99th percentile  
                                            facilities    ------------------------------------------------------------------------------------------------------------------------------------------
           Pollutant Sample type        ------------------                                                                                                                                          
                                           Grab   Comp ii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab       Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD 5..............................        8        6       20       10    38.4      32.0       5.5        2.2     150.0     110.0      22.0      18.5    126.4     126.6     252.5      282.8  
    COD................................        8        8       20       20   138.9      80.6       0.0        0.0     495.0     230.0      93.5      50.8    480.5     269.3     950.7      503.5  
    Nitrate + Nitrite Nitrogen.........        7        7       19       19     1.75      3.71      0.10       0.30      5.61     19.1       1.60      1.80     7.58     11.8      16.76      24.52 
    Total Kjeldahl Nitrogen............        8        8       20       20     4.71      6.45      0.34       0.0      30.00     42.0       2.95      1.65    15.68     19.77     32.73      48.67 
    Oil & Grease.......................        8      N/A       20      N/A     2.5     N/A         0.0      N/A        20.0     N/A         1.1     N/A        8.2     N/A        15.9      N/A    
    pH.................................        8      N/A       20      N/A   N/A       N/A         4.1      N/A         8.0     N/A         6.2     N/A        8.6     N/A         9.9      N/A    
    Total Phosphorus...................        8        8       20       20     0.12      0.10      0.00       0.0       0.50      0.30      0.09      0.06     0.38      0.31      0.68       0.56 
    Total Suspended Solids.............        8        8       20       20    45        58         0          0       429       310         7         8      182       310       531       1043    
    Copper.............................        8        8       20       20     0.931     0.822     0          0         8.8       3.4       0.13      0.14     5.106     6.501    20.38      29.326
                      Zinc.............        8        8       20       20     0.525     0.417     0.021      0.04      2.3       1.9       0.3       0.3      1.806     1.189     3.637      2.085 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
                                  Table F-5.--Statistics for Selected Pollutants Reported by Nonferrous Foundries (Castings) Submitting Part II Sampling Data i (mg/L)                              
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                             No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile      99th percentile  
                                           facilities    -------------------------------------------------------------------------------------------------------------------------------------------
           Pollutant Sample type       ------------------                                                                                                                                           
                                          Grab   Comp ii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp       Grab       Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD 5.............................       14       14       30       27    14.7      12.8        0.0       3.0      51.0      47.0      10.5       8.0     38.6      29.6       63.1       46.3  
    COD...............................       14       14       30       27   125.1      82.8        0.0       7.0    1400.0     510.0      50.5      32.0    390.9     260.1      907.0      535.7  
    Nitrate + Nitrite Nitrogen........       13       13       28       25     0.99      0.85       0.00      0.00      3.60      2.08      0.74      0.77     2.80      2.12       4.64       3.32 
    Total Kjeldahl Nitrogen...........       13       13       28       25     2.29      2.17       0.15      0.58     22.00      9.70      1.30      1.40     6.34      5.08      12.06       8.19 
    Oil & Grease......................       14      N/A       30      N/A     4.2     N/A          0.0     N/A        47.0     N/A         0.5     N/A       16.7     N/A         35.5      N/A    
    pH................................       14      N/A       29      N/A   N/A       N/A          2.8     N/A         8.0     N/A         6.5     N/A        8.8     N/A         10.1      N/A    
    Total Phosphorus..................       14       14       30       26     0.26      0.13       0.00      0.0       1.50      0.96      0.07      0.05     1.17      0.52       3.26       1.26 
    Total Suspended Solids............       14       14       29       26   145       111          0         0      2100      1100        20        37      536       563       1521       1761    
    Copper............................       14       14       30       27     0.494     0.672      0         0         4.2       7         0.26      0.2      1.861     2.532      4.122      6.122
    Zinc..............................       13       13       28       25     1.435     1.494      0         0         9.36     10.1       0.36      0.5      6.429     5.424     18.489     13.307 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
    [[Page 50883]]
    
        Although there are a wide range of pollutants which may be of 
    concern for primary metals facilities, monitoring requirements for 
    these facilities have been determined based on industry subgroups which 
    exceed benchmarks for certain pollutants. As Tables F-2 through F-5 
    illustrate, there are a variety of pollutants which must be addressed 
    at primary metals facilities.
    4. Options for Controlling Pollutants
        There are five main areas of concern related to primary metals 
    facilities. These are raw material storage and handling; waste material 
    storage, handling, and disposal; furnace, oven, and related pollution 
    control activities; rolling, extruding, casting, and finishing 
    operations; plant yards; and illicit connections.
        Table F-6 summarizes the primary sources of pollution in each of 
    these categories and potential Best Management Practices (BMPs) 
    associated with each.
    
             Table F-6.--Potential Best Management Practices for Sources Within the Primary Metals Industry         
    ----------------------------------------------------------------------------------------------------------------
                        Source                                    Potential best management practices               
    ----------------------------------------------------------------------------------------------------------------
    Metal product stored outside such as foundry   Store all wastes indoors or in sealed drums, covered dumpsters,  
     returns, scrap metal, turnings, fines,         etc.                                                            
     ingots, bars, pigs, wire.                                                                                      
                                                   Minimize raw material storage through effective inventory        
                                                    control.                                                        
                                                   Minimize runon from adjacent properties and stabilized areas to  
                                                    areas with exposed soil with diversion dikes, berms, curbing,   
                                                    concrete pads, etc.                                             
    Outdoor storage or handling of fluxes........  Store fluxes in covered hoppers, silos, or indoors and protect   
                                                    from wind-blown losses.                                         
                                                   Stabilize areas surrounding storage and material handling areas  
                                                    and establish schedule for sweeping.                            
    Storage piles, bins, or material handling of   Where possible store coke and coal under cover or indoors and    
     coke or coal.                                  protect from wind-blown losses.                                 
                                                   Prevent or divert runon from adjacent areas with swales, dikes,  
                                                    or curbs.                                                       
                                                   Minimize quantities of coke or coal stored onsite through        
                                                    implementation of effective inventory control.                  
                                                   Trap particulates originating in coke or coal storage or handling
                                                    areas with filter fabric fences, gravel outlet protection,      
                                                    sediment traps, vegetated swales, buffer strips of vegetation,  
                                                    catch-basin filters, retention/detention basins or equivalent.  
    Storage or handling of casting sand..........  Store raw sand in silos, covered hoppers, or indoor whenever     
                                                    possible.                                                       
                                                   Prevent or divert runon from adjacent areas with swales, dikes,  
                                                    or curbs.                                                       
                                                   Minimize quantities of sand stored onsite through implementation 
                                                    of effective inventory control.                                 
                                                   Tarp or otherwise cover piles.                                   
                                                   Trap particulates originating in coke or coal storage or handling
                                                    areas with filter fabric fences, gravel outlet protection,      
                                                    sediment traps, vegetated swales, buffer strips of vegetation,  
                                                    catch-basin filters, retention/detention basins or equivalent.  
    Vehicle fueling and maintenance..............  See Part VIII.P.                                                 
    Outdoor storage tanks or drums of gas,         Store tanks and drums inside when possible.                      
     diesel, kerosene, lubricants, solvents.                                                                        
                                                   Establish regular inspection of all tanks and drums for leaks,   
                                                    spills, corrosion, damage, etc.                                 
                                                   Utilize effective inventory control to reduce the volume of      
                                                    chemicals stored onsite.                                        
                                                   Prevent runon to and runoff from tank and drum storage areas,    
                                                    provide adequate containment to hold spills and leaks.          
                                                   Prepare and train employees in dealing with spills and leaks     
                                                    properly, use dry clean-up methods when possible.               
    Slag or dross stored or disposed of outside    Collect waste waters used for granulation of slag--these are not 
     in piles or drums.                             allowed under this section.                                     
                                                   Store slag and dross indoors, under cover, or in sealed          
                                                    containers.                                                     
                                                   Establish regular disposal of slag or dross to minimize          
                                                    quantities stored and handled onsite.                           
                                                   Minimize runon to slag storage areas with diversion dikes, berms,
                                                    curbing, vegetated swales.                                      
                                                   Trap particulates originating in slag storage areas with filter  
                                                    fabric fences, gravel outlet protection, sediment traps,        
                                                    vegetated swales, buffer strips of vegetation, catch-basin      
                                                    filters, retention/detention basins or equivalent.              
    Fly ash, particulate emissions, dust           Store all dusts and sludges indoors to prevent contact with storm
     collector sludges and solids, baghouse dust.   water or losses due to wind.                                    
                                                   Establish regular disposal schedule to minimize quantities of    
                                                    pollutants stored and handled onsite.                           
    Storage and disposal of waste sand or          Move piles under cover or tarps whenever possible.               
     refractory rubble in piles outside.                                                                            
                                                   Establish regular disposal schedule to minimize quantities stored
                                                    onsite.                                                         
                                                   Stabilize areas of waste product storage and perform regular     
                                                    sweeping of area.                                               
    Scrap processing activities (shredding etc.).  See Part VIII.N.                                                 
    Machining waste stored outside or exposed to   Store all wastes indoors or in sealed drums, covered dumpsters,  
     storm water--fines, turnings, oil, borings,    etc.                                                            
     gates, sprues, scale.                                                                                          
                                                   Stabilize areas of waste product storage and perform regular     
                                                    sweeping and cleaning of any residues.                          
    
    [[Page 50884]]
                                                                                                                    
                                                   Consider using booms, oil/water separators, sand filters, etc.   
                                                    for outfalls draining areas where oil is potentially present.   
                                                   Minimize runon from adjacent properties and stabilized areas to  
                                                    areas with exposed soil with diversion dikes, berms, curbing,   
                                                    concrete pads, etc.                                             
    Obsolete equipment stored outside............  Where possible, dispose of unused equipment properly, or move    
                                                    indoors.                                                        
                                                   Cover obsolete equipment with a tarp or roof.                    
                                                   Consider using booms, oil/water separators, sand filters, etc.   
                                                    for outfalls draining areas where oil is potentially present.   
                                                   Minimize runoff coming into contact with old equipment through   
                                                    berms, curbs, or placement on a concrete pad.                   
    Material losses from handling equipment such   Schedule frequent inspections of equipment for spills or leakage 
     as conveyors, trucks, pallets, hoppers, etc.   of fluids, oil, or fuel.                                        
                                                   Inspect for collection of particulate matter on and around       
                                                    equipment and clean. Where possible cover these areas to prevent
                                                    losses to wind and precipitation.                               
                                                   Store pallets, hoppers, etc. which have residual materials on    
                                                    them under cover, with tarps, or inside.                        
    Losses during charging of coke ovens or        Cover any exposed areas related to furnace charging/material     
     sintering plants.                              handling activities.                                            
                                                   Stabilize areas around all material handling areas and establish 
                                                    regular sweeping.                                               
                                                   Route runoff from particulate generating operations to sediment  
                                                    traps, vegetated swales, buffer strips of vegetation, catch-    
                                                    basin filters, retention/detention basins or equivalent.        
    Particulate emissions from blast furnaces,     Establish schedule for inspection and maintenance of all         
     electric arc furnaces, induction furnaces      pollution control equipment--check for any particulate          
     and fugitive emissions from poorly             deposition from leaks, spills, or improper operation of         
     maintained or malfunctioning baghouses,        equipment and remedy.                                           
     scrubbers, electrostatic precipitators,       Route runoff from particulate generating operations to sediment  
     cyclones.                                      traps, vegetated swales, buffer strips of vegetation, catch-    
                                                    basin filters, retention/detention basins or equivalent.        
    Storage of products outside after painting,    Store all materials inside or under cover whenever possible.     
     pickling, or cleaning operations.             Prevent runon to product storage areas through curbs, berms,     
                                                    dikes, etc.                                                     
                                                   Consider using booms, oil/water separators, sand filters, etc.   
                                                    for outfalls draining areas where oil is potentially present.   
                                                   Remove residual chemicals from intermediate or finished products 
                                                    before storage or transport outside.                            
    Casting cooling or shakeout operations         Perform all pouring, cooling, and shakeout operations indoors in 
     exposed to precipitation or wind.              areas with roof vents to trap fugitive particulate emissions.   
                                                   Recycle into process as much casting sand as possible.           
    Landfilling or open pit disposal of wastes     See Part VIII.L.                                                 
     onsite.                                                                                                        
    Losses of particulate matter from machining    Store all intermediate and finished products inside or under     
     operations (grinding, drilling, boring,        cover.                                                          
     cutting) through deposition or storage of     Consider using booms, oil/water separators, sand filters, etc.   
     products outside.                              for outfalls draining areas where oil is potentially present.   
                                                   Clean products of residual materials before storage outside.     
                                                   Stabilize storage areas and establish sweeping schedule.         
    Areas of the facility with unstabilized soils  Minimize runon from adjacent properties and stabilized areas to  
     subject to erosion.                            areas with exposed soil with diversion dikes, berms, vegetated  
                                                    swales, etc.                                                    
                                                   Stabilize all high traffic areas including all vehicle entrances,
                                                    exits, loading, unloading, and vehicle storage areas.           
                                                   Conduct periodic sweeping of all traffic areas.                  
                                                   Trap sediment originating in unstabilized areas. Filter fabric   
                                                    fences, gravel outlet protection, sediment traps, vegetated     
                                                    swales, buffer strips of vegetation, catch-basin filters,       
                                                    retention/detention basins or equivalent.                       
                                                   Inspect and maintain all BMPs on a regular basis.                
                                                   Provide employee training on proper installation and maintenance 
                                                    of sediment and erosion controls.                               
    Improper connection of floor, sink, or         Inspect and test all floor, sink, and process wastewater drains  
     process wastewater drains.                     for proper connection to sanitary sewer and remove any improper 
                                                    connections to storm sewer or waters of the United States.      
    ----------------------------------------------------------------------------------------------------------------
    
    
    
    5. Special Conditions
        The following section identifies special conditions that are 
    applicable to permittees applying for coverage under Part XI.F. of 
    today's permit.
        a. Prohibition of Non-storm Water Discharges. This section requires 
    primary metals facilities to certify that certain non-storm water 
    discharges are not occurring at their facilities. A list of common non-
    storm water discharges that are not authorized by this section has been 
    identified. These discharges are prohibited due to the likelihood these 
    discharges will contain substantial pollutant concentrations. This list 
    is included in the permit only to add more specificity to the general 
    non-storm water prohibition included in Part III.A. of the permit. The 
    following non-storm water discharges are not authorized by this 
    section: waste discharges to floor drains or sinks connected to the 
    facilities storm sewer or storm drainage system; water originating from 
    vehicle and equipment washing; steam cleaning wastewater; process 
    wastewater; wash-water originating from cleaning plant floor areas or 
    material receiving areas; wastewater from wet scrubbers; boiler 
    blowdown; contact or noncontact cooling water; discharges originating 
    from dust control spray water; 
    
    [[Page 50885]]
    discharges originating from the cleaning out of oil/water separators or 
    sumps; discharges from bermed areas with a visible oily sheen or other 
    visible signs of contamination; discharges resulting from casting 
    cleaning or casting quench operations; discharges from slag quench or 
    slag rinsing operations; and discharges from wet sand reclamation 
    operations.
        This final list of non-storm water discharges does not include 
    discharges from oil/water separators and sumps, as was proposed. EPA 
    intended to include only discharges originating from the cleaning or 
    maintenance of these devices in this list.
        The operators of non-storm water discharges must seek coverage 
    under a separate NPDES permit if discharging to either a municipal 
    separate storm sewer system or to waters of the United States.
    6. Storm Water Pollution Prevention Plan Requirements
        a. Contents of the Plan. All facilities covered by this section 
    must identify a pollution prevention team, prepare a description of all 
    potential pollutant sources at the facility, and identify measures and 
    controls appropriate for the facility. These items must comply with the 
    common requirements described in Part VI.C. of this fact sheet. In 
    addition to these requirements, facilities covered by Part XI.F. of 
    today's permit must provide the following additional information in 
    their pollution prevention plan.
        (1) Description of Potential Pollutant Sources. Facilities must 
    identify on the site map the location of any and all pollution control 
    equipment such as baghouses, wet scrubbers, electrostatic 
    precipitators, etc. as well as any uncontrolled stack emissions which 
    may be located onsite. The site map must also indicate the outfall 
    locations and the types of discharges contained in the drainage areas 
    of the outfalls (e.g. storm water and air conditioner condensate). In 
    order to increase the readability of the map, the inventory of the 
    types of discharges contained in each outfall may be kept as an 
    attachment to the site map. Due to the hazardous nature of pollutants 
    generated in this industry, and the potential for deposition of 
    particulate matter from emissions, these emissions can be a significant 
    contributor to pollutants at a facility and should be identified.
        (2) Measures and Controls. There are typically five types of 
    activity and materials present at facilities in the primary metals 
    industry with potential impacts on storm water discharges. These have 
    been discussed in today's fact sheet and include: raw materials storage 
    and handling; process activities related to furnace operations, 
    casting, rolling, and extruding; waste material storage, handling, and 
    disposal; erosion from unstabilized plant areas; and illicit 
    discharges, spills, and leaks. Each of these areas that is applicable 
    to a facility must be identified in the pollution prevention plan and 
    evaluated with regard to the BMPs discussed.
        (a) Good Housekeeping--This section requires that facilities 
    implement measures to limit the amount of spilled, settled, and leaked 
    materials which are washed away by storm water. These materials include 
    coal dust or coke breeze, metal fines from finishing operations, 
    particulate emissions from furnaces and ovens, as well as dust and dirt 
    from plant yards. In paved or other impervious areas sweeping is an 
    easy and effective way to reduce these pollutants. Sweeping frequency 
    should be determined based on the rates of accumulation of a particular 
    material and its potential impact on storm water discharges. Where 
    significant particulates are generated in unstabilized areas of the 
    plant, other measures may be necessary.
        The large number of particulate generating processes and the makeup 
    of these pollutants makes this an especially important aspect of 
    pollution prevention at many facilities. Permittees must consider the 
    storage of all such products under roof, in silos or covered hoppers, 
    or under tarps to minimize exposure of particulates to precipitation 
    and wind-blown losses.
        Unstabilized areas at a site which may be related to material 
    handling and storage or vehicle and equipment traffic should be 
    considered for paving. These areas can build up significant levels of 
    particulates from materials and material handling as well as soil and 
    dust particles. Paving these areas allow good housekeeping measures to 
    be practiced and make spills easier to clean up.
        (b) Source Controls--Permittees must consider preventative measures 
    to minimize the exposure of significant materials to storm water. Due 
    to the large volumes of materials used in the primary metals industry, 
    they are a significant potential source of pollutants in storm water 
    discharges. Storage of a wide range of materials outside is common 
    among many facilities and measures should be taken to reduce the 
    potential for contamination of storm water.
        Measures include moving materials inside, under roof or cover, 
    removing waste materials from the premises, and establishing scheduled 
    removal of wastes to minimize storage onsite. Other measures to prevent 
    runoff from contacting materials include swales, berms, dikes, or curbs 
    to divert runoff away from significant materials or processes.
        Source controls offer the most effective way to reduce pollutants 
    in storm water discharges and are generally easier to implement than 
    treatment measures.
        (c) Preventive Maintenance--Facilities must incorporate into their 
    plan the inspection and maintenance of all equipment which could lead 
    to releases of pollutants. This includes all particulate emissions 
    control equipment, storage tanks and piping systems, and any other 
    material handling equipment which could fail and release pollutants.
        All particulate pollution control equipment must be maintained to 
    operate properly and effectively to control settling of particulate 
    matter. The inspection of emissions control is particularly important 
    as failures may not be immediately obvious and could lead to 
    significant releases of particulate matter. Leaks or blockage in ducts, 
    overflows of dust collection systems, or mechanical breakdown of 
    scrubbers could all lead to heavy particulate emission which can be 
    easily washed away by storm water discharges. Other potential losses 
    include leaking tanks or valves which could contain a variety of acids, 
    solvents, or other chemicals.
        (d) Spill Prevention and Response Procedures--There are no 
    additional requirements beyond those described in Part VI.C. of this 
    fact sheet.
        (e) Inspections--Primary metals facilities are required to conduct 
    self inspections of all storage, process, and plant yard areas at least 
    quarterly. These inspections will allow the effectiveness of the 
    pollution prevention plan to be monitored. The potential for problems 
    which could affect storm water are extremely varied and can have 
    significant impacts over a short time period. These inspections are 
    necessary to ensure that problems are identified and remedied as 
    quickly as possible. Points of particular importance include pollution 
    control equipment, material handling areas, and waste collection and 
    disposal areas. Tanks, drums, silos, bins, and hoppers are other areas 
    of potential concern.
        (f) Employee Training--There are no additional requirements beyond 
    those described in Part VI.C. of this fact sheet. EPA recommends that 
    facilities conduct training annually at a minimum. However, more 
    frequent training may be necessary at facilities with high turnover of 
    employees or where employee participation is essential to 
    
    [[Page 50886]]
    the storm water pollution prevention plan.
        (g) Recordkeeping and Internal Reporting Procedures--There are no 
    additional requirements beyond those described in Part VI.C. of this 
    fact sheet.
        (h) Non-storm Water Discharges--There are no additional 
    requirements beyond those described in Part VI.C. of this fact sheet.
        (i) Sediment and Erosion Control--There are no additional 
    requirements beyond those described in Part VI.C. of this fact sheet.
        (j) Management of Runoff--Facilities shall consider implementation 
    of a range of management practices to control or treat storm water 
    runoff. These include vegetative buffer strips or swales, filter fences 
    and other types of filters, oil/water separators, and all types of 
    settling basins and ponds. These practices allow the capture of 
    pollutants from storm water before it leaves the site.
        Due to the large size of many primary metals facilities, source 
    controls may not be practical. In some cases, it may not be feasible to 
    cover or otherwise protect large areas of material storage or exposed 
    plant yards. Deposition of particulates from furnace or other process 
    emissions may be relatively diffuse over a large area of the facility, 
    and very difficult to control. In these cases management practices such 
    as settling basins, retention or detention ponds, or recycle ponds can 
    provide effective treatment of runoff. For smaller areas, filter 
    fabric, booms, or other types of filters may be appropriate. In areas 
    where oil and grease is a concern, oil/water separators may be 
    appropriate and should be considered.
        b. Comprehensive Site Compliance Evaluation. The storm water 
    pollution prevention plan must describe the scope and content of 
    comprehensive site evaluations that qualified personnel will conduct to 
    1) confirm the accuracy of the description of potential pollution 
    sources contained in the plan, 2) determine the effectiveness of the 
    plan, and 3) assess compliance with the terms and conditions of the 
    permit. Comprehensive site compliance evaluations should be conducted 
    on an annual basis. The individual or individuals that will conduct the 
    evaluations must be identified in the plan and should be members of the 
    pollution prevention team. Evaluation reports must be retained for at 
    least 3 years after the date of the compliance evaluation that the 
    permit expires.
        Based on the results of each evaluation, the description of 
    potential pollution sources, and measures and controls, the plan must 
    be revised as appropriate within 2 weeks after each evaluation. Changes 
    in the measures and controls must be implemented on the site in a 
    timely manner, and never more than 12 weeks after completion of the 
    evaluation.
    7. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. EPA believes that primary 
    metals facilities may reduce the level of pollutants in storm water 
    runoff from their sites through the development and proper 
    implementation of the storm water pollution prevention plan 
    requirements discussed in today's permit. In order to provide a tool 
    for evaluating the effectiveness of the pollution prevention plan and 
    to characterize the discharge for potential environmental impacts, the 
    permit requires some primary metals facilities to collect and analyze 
    samples of their storm water discharges for the pollutants listed in 
    Table F-7. Data submitted to EPA has been analyzed at the 3-digit SIC 
    code level. Industry subgroups that had pollutant levels above 
    benchmark levels are required to monitor for those pollutants. Because 
    these pollutants have been reported at benchmark levels from primary 
    metals facilities, EPA is requiring monitoring after the pollution 
    prevention plan has been implemented to assess the effectiveness of the 
    pollution prevention plan and to help ensure that a reduction of 
    pollutants is realized.
        Under the Storm Water Regulations at 40 CFR 122.26(b)(14), EPA 
    defined ``storm water discharge associated with industrial activity''. 
    The focus of today's permit is to address the presence of pollutants 
    that are associated with the industrial activities identified in this 
    definition and that might be found in storm water discharges. Under the 
    methodology for determining analytical monitoring requirements, 
    described in section VI.E.1 of this fact sheet, nitrate plus nitrite 
    nitrogen is above the bench mark concentrations for the non-ferrous 
    rolling and drawing and the non-ferrous foundries subsectors and pyrene 
    is above the bench mark concentrations for the iron and steel foundries 
    subsector. After a review of the nature of industrial activities and 
    the significant materials exposed to storm water described by 
    facilities in these subsectors, EPA has determined that the higher 
    concentrations of nitrate plus nitrite nitrogen and pyrene are not 
    likely to be caused by the industrial activity, but may be primarily 
    due to non-industrial activities on-site. Today's permit does not 
    require non-ferrous rolling and drawing, the non-ferrous foundries or 
    iron and steel foundries facilities to conduct analytical monitoring 
    for these parameters.
        At a minimum, storm water discharges from selected primary metals 
    facilities must be monitored quarterly during the second year of permit 
    coverage. At the end of the second year of permit coverage, a facility 
    must calculate the average concentration for each parameter that they 
    were required to monitor as listed in Tables F-7 through F-10, after 
    taking into account possible waivers based on the alternative 
    certification. If the permittee collects more than four samples in this 
    period, then they must calculate an average concentration for each 
    pollutant of concern for all samples analyzed.
    
    Table F-7.--Steel Works, Blast Furnaces, and Rolling and Finishing Mills
                        (SIC 331) Monitoring Requirements                   
    ------------------------------------------------------------------------
                                                                 Cut-off    
                     Pollutants of concern                    concentration 
    ------------------------------------------------------------------------
    Total Recoverable Aluminum............................  0.75 mg/L       
    Total Recoverable Zinc................................  0.065 mg/L      
    ------------------------------------------------------------------------
    
    
     Table F-8.--Iron and Steel Foundries (SIC 332) Monitoring Requirements 
    ------------------------------------------------------------------------
                                                                 Cut-off    
                     Pollutants of concern                    concentration 
    ------------------------------------------------------------------------
    Total Recoverable Aluminum............................  0.75 mg/L       
    Total Suspended Solids (TSS)..........................  100 mg/L        
    Total Recoverable Copper..............................  0.0636 mg/L     
    Total Recoverable Iron................................  1 mg/L          
    Total Recoverable Zinc................................  0.065 mg/L      
    ------------------------------------------------------------------------
    
    
     Table F-9.--Rolling, Drawing, and Extruding of Non-Ferrous Metals (SIC 
                          335) Monitoring Requirements                      
    ------------------------------------------------------------------------
                                                                 Cut-off    
                     Pollutants of concern                    concentration 
    ------------------------------------------------------------------------
    Total Recoverable Copper..............................  0.0636 mg/L     
    Total Recoverable Zinc................................  0.065 mg/L      
    ------------------------------------------------------------------------
    
    
      Table F-10.--Non-Ferrous Foundries (SIC 336) Monitoring Requirements  
    ------------------------------------------------------------------------
                                                                 Cut-off    
                     Pollutants of concern                    concentration 
    ------------------------------------------------------------------------
    Total Recoverable Copper..............................  0.0636 mg/L     
    Total Recoverable Zinc................................  0.065 mg/L      
    ------------------------------------------------------------------------
    
        If the average concentration for a parameter is less than or equal 
    to the value listed in Tables F-7 through F-10, then the permittee is 
    not required to 
    
    [[Page 50887]]
    conduct quantitative analysis for that parameter during the fourth year 
    of the permit. If, however, the average concentration for a parameter 
    is greater than the cut-off concentration listed in Tables F-7 through 
    F-10, then the permittee is required to conduct quarterly monitoring 
    for that parameter during the fourth year of permit coverage. 
    Monitoring is not required during the first, third, and fifth year of 
    the permit. The exclusion from monitoring in the fourth year of the 
    permit is conditional on the facility maintaining industrial operations 
    and BMPs that will ensure a quality of storm water discharges 
    consistent with the average concentrations recorded during the second 
    year of the permit. The schedule for monitoring is presented in Table 
    F-11.
    
                       Table F-11.--Schedule of Monitoring                  
    ------------------------------------------------------------------------
                                                                            
    ------------------------------------------------------------------------
    2nd Year of Permit          Conduct quarterly monitoring.       
     Coverage.                                                              
                                Calculate the average concentration 
                                for all parameters analyzed during this     
                                period.                                     
                                If average concentration is greater 
                                than the value listed in Tables F-7 through 
                                F-10, then quarterly sampling is required   
                                during the fourth year of the permit.       
                                If average concentration is less    
                                than or equal to the value listed in Tables 
                                F-7 through F-10, then no further sampling  
                                is required for that parameter.             
    4th Year of Permit          Conduct quarterly monitoring for any
     Coverage.                  parameter where the average concentration in
                                year 2 of the permit is greater than the    
                                value listed in Tables F-7 through F-10.    
                                If industrial activities or the     
                                pollution prevention plan have been altered 
                                such that storm water discharges may be     
                                adversely affected, quarterly monitoring is 
                                required for all parameters of concern.     
    ------------------------------------------------------------------------
    
        In cases where the average concentration of a parameter exceeds the 
    cut-off concentration, EPA expects permittees to place special emphasis 
    on methods for reducing the presence of those parameters in storm water 
    discharges. Quarterly monitoring in the fourth year of the permit will 
    reassess the effectiveness of the adjusted pollution prevention plan.
        The monitoring cut off concentrations listed in Tables F-7 through 
    F-10 are not numerical effluent limitations. These values represent a 
    level of pollutant discharge which facilities may achieve through the 
    implementation of pollution prevention plans. At least half of the 
    facilities which submitted Part 2 data, reported concentrations greater 
    than or equal to the values listed in Tables F-7 through F-10. 
    Facilities that achieve average discharge concentrations which are less 
    than or equal to the values in Tables F-7 through F-10 are not relieved 
    from the pollution prevention plan requirements or any other 
    requirements of the permit.
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly chemical sampling.
        (1) Sample Type. All discharge data shall be reported for grab 
    samples. All such samples shall be collected from the discharge 
    resulting from a storm event that is greater than 0.1 inches in 
    magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. The required 
    72-hours storm event interval is waived where the preceding measurable 
    storm event did not result in a measurable discharge from the facility. 
    The 72-hour storm event interval may also be waived where the permittee 
    documents that less than a 72-hour interval is representative for local 
    storm events during the season when sampling is being conducted. The 
    grab sample shall be taken during the first 30 minutes of the 
    discharge. If the collection of a grab sample during the first 30 
    minutes is impracticable, a grab sample can be taken during the first 
    hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable. If storm water discharges associated with 
    industrial activity commingle with process or nonprocess water, then 
    where practicable permittees must attempt to sample the storm water 
    discharge before it mixes with the non-storm water discharge.
        (2) Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluent. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    (e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)) shall be provided in the plan.
        (3) Alternative Certification. Throughout today's permit, EPA has 
    required monitoring requirements for facilities which the Agency 
    believes have the potential for contributing significant levels of 
    pollutants to storm water discharges. The alternative described below 
    is necessary to ensure that monitoring requirements are only imposed on 
    those facilities that do, in fact, have storm water discharges 
    containing pollutants at concentrations of concern. EPA has determined 
    that if materials and activities are not exposed to storm water at the 
    site, then the potential for pollutants to contaminate storm water 
    discharges does not warrant monitoring.
        Therefore, a discharger is not subject to the monitoring 
    requirements of this Part provided the discharger makes a certification 
    for a given outfall, or on a pollutant-by-pollutant basis in lieu of 
    monitoring described in Tables F-10 through F-13, under penalty of law, 
    signed in accordance with Part VII.G. of the pursuit (Signatory 
    Requirements), that material handling equipment or activities, raw 
    materials, intermediate products, final products, waste materials, by-
    products, industrial machinery or operations, significant materials 
    from past industrial activity that are located in areas of the facility 
    that are within the drainage area of the outfall are not presently 
    exposed to storm water and will not be exposed to storm water for the 
    certification period. Such certification must be retained in the storm 
    water pollution prevention plan and submitted to EPA along with 
    
    [[Page 50888]]
    the monitoring reports required under paragraph b. below. If the 
    permittee cannot certify for an entire period, they must submit the 
    date exposure was eliminated and any monitoring required up until that 
    date. This certification option is not applicable to compliance 
    monitoring requirements associated with effluent limitations. EPA does 
    not expect facilities to be able to exercise this certification for 
    indicator parameters, such as TSS and BOD.
        b. Reporting Requirements. Permittees are required to submit all 
    monitoring results obtained during the second and fourth year of permit 
    coverage within 3 months of the conclusion of each year. For each 
    outfall, one Discharge Monitoring Report must be submitted per storm 
    event sampled. For facilities conducting monitoring beyond the minimum 
    quarterly requirements an additional Discharge Monitoring Report Form 
    must be filed for each analysis.
        c. Quarterly Visual Examination of Storm Water Quality. Quarterly 
    visual inspections of a storm water discharge from each outfall are 
    required at primary metals facilities. The examination must be of a 
    grab sample collected from each storm water outfall. The examination of 
    storm water grab samples shall include any observations of color, odor, 
    clarity, floating solids, settled solids, suspended solids, foam, oil 
    sheen, or other obvious indicators of storm water pollution. The 
    examination must be conducted in a well lit area. No analytical tests 
    are required to be performed on these samples.
        The examination must be made at least once per quarter during the 
    term of the permit during daylight unless there is insufficient 
    rainfall or snow-melt to runoff. Whenever practicable, the same 
    individual should carry out the collection and examination of 
    discharges throughout the life of the permit to ensure the greatest 
    degree of consistency possible. Grab samples shall be collected within 
    the first 30 minutes (or as soon thereafter as practical, but not to 
    exceed 1 hour) of when the runoff begins discharging. Reports of the 
    visual examination include: the examination date and time, examination 
    personnel, visual quality of the storm water discharge, and probable 
    sources of any observed storm water contamination. The visual 
    examination reports must be maintained onsite with the pollution 
    prevention plan.
        When a discharger is unable to collect samples over the course of 
    the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination. Adverse weather conditions which may prohibit 
    the collection of samples include weather conditions that create 
    dangerous conditions for personnel (such as local flooding, high winds, 
    hurricane, tornadoes, electrical storms, etc.) or otherwise make the 
    collection of a sample impracticable (e.g., drought, extended frozen 
    conditions, etc.).
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly visual examination.
        EPA believes that this quick and simple assessment will allow the 
    permittee to approximate the effectiveness of his/her plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the chemical properties of the storm water discharged from the 
    site, the examination will provide meaningful results upon which the 
    facility may act quickly. The frequency of this visual examination will 
    also allow for timely adjustments to be made to the plan. If BMPs are 
    performing ineffectively, corrective action must be implemented. A set 
    of tracking or follow-up procedures must be used to ensure that 
    appropriate actions are taken in response to the examinations. The 
    visual examination is intended to be performed by members of the 
    pollution prevention team. This hands-on examination will enhance the 
    staff's understanding of the storm water problems on that site and the 
    effects of the management practices that are included in the plan.
    
    G. Storm Water Discharges Associated With Industrial Activity From 
    Metal Mining (Ore Mining and Dressing) \43\ Facilities
    
    1. Industrial Profile
        On November 16, 1990 (55 FR 47990), the U.S. Environmental 
    Protection Agency (EPA) promulgated the regulatory definition of 
    ``storm water discharges associated with industrial activity.'' This 
    definition included point source discharges of storm water from eleven 
    major categories of facilities, including: ``(i) facilities subject to 
    storm water effluent limitations guidelines, new source performance 
    standards, or toxic pollutant effluent standards under 40 CFR 
    subchapter N * * * .'' and ``* * * (iii) facilities classified as 
    Standard Industrial Classifications 10 through 14 (metal mining 
    industry) including active or inactive mining operations (except for 
    areas of coal mining operations no longer meeting the definition of a 
    reclamation area under 40 CFR 434.11(l) because the performance bond 
    issued to the facility by the appropriate SMCRA authority has been 
    released, or except for areas of noncoal mining operations which have 
    been released from applicable State or Federal reclamation requirements 
    after December 17, 1990) and oil and gas exploration, production, 
    processing, or treatment operations, or that has come into contact 
    with, any overburden, raw material, intermediate products, finished 
    products, by-products or waste products located on the site of such 
    operations.''
    
        \43\ For the purposes of this part of the fact sheet, the term 
    ``metal mining'' includes all ore mining and/or dressing and 
    beneficiating operations, whether performed at mills operated in 
    conjunction with the mines served or at mills, such as custom mills, 
    operated separately.
    ---------------------------------------------------------------------------
    
        This section of today's general permit only applies to the portions 
    of categories (i) and (iii) identified by 40 CFR Part 440 and the metal 
    mining industry (Standard Industrial Classification (SIC) code 10). SIC 
    code 10 includes establishments primarily engaged in mining, developing 
    mines, or exploring for metallic minerals (ores). This group also 
    includes all ore dressing and beneficiating operations, whether 
    performed at mills operated in conjunction with the mines served or at 
    mills, such as custom mills, operated separately. Common activities at 
    these mills include: crushing, grinding, and separation by gravity 
    concentration, magnetic separation, electrostatic separation, 
    flotation, or leaching 44. The following is a listing of the types 
    of mining/milling facilities that are covered under SIC code 10: Iron 
    Ores (SIC Code 1011); Copper Ores (SIC Code 1021); Lead and Zinc Ores 
    (SIC Code 1031); Gold Ores (SIC Code 1041); Silver Ores (SIC Code 
    1044); Ferroalloy Ores, Except Vanadium (SIC Code 1061); Uranium-
    Radium-Vanadium Ores (SIC Code 1094); and Miscellaneous Metal Ores, Not 
    Elsewhere Classified (SIC Code 1099).
    
        \44\ For more information on metal mines/mills see EPA, Effluent 
    Guidelines Division. November 1982. ``Development Document for 
    Effluent Limitations Guidelines and Standards for the Ore Mining and 
    Dressing Point Source Category.'' EPA 440/1-82/061.
    ---------------------------------------------------------------------------
    
        This section does not cover any discharge subject to effluent 
    limitation guidelines, including storm water that combines with process 
    wastewater and mine drainage. Storm water that does not come into 
    contact with any overburden, raw material, intermediate product, 
    finished product, by-product, or waste product located on the site of 
    
    [[Page 50889]]
    the operation is not subject to permitting under this section according 
    to Section 402(l)(2) of the Clean Water Act. Storm water discharges 
    associated with industrial activity from inactive mining operations 
    occurring on Federal lands where an operator cannot be identified 
    cannot be covered by this permit.
        Storm water discharges from mining claims where no mining 
    activities have been undertaken (including no historic activities) 
    except minimal activities undertaken for the purpose of maintaining a 
    mining claim do not need to be covered by a permit. (This applies to 
    Federal and private lands.)
        This section is applicable to all phases of mining operations, 
    whether active or inactive, as long as there is exposure to significant 
    materials. This includes land disturbance activities such as the 
    expansion of current extraction sites, active and inactive mining 
    stages, and reclamation activities.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        There are typically three phases to a mining operation: the 
    exploration and construction phase; the active phase; and the 
    reclamation phase. The exploration and construction phase entails 
    exploration and a certain amount of land disturbance to determine the 
    financial viability of a site. Construction includes building of site 
    access roads, and removal of overburden and waste rock to expose 
    minable ore. These land-disturbing activities are significant potential 
    sources of storm water contaminants. The active phase includes each 
    step from extraction through production of a saleable product. The 
    active phase may include periods of inactivity due to the seasonal 
    nature of these metal mining activities. The final phase of reclamation 
    is intended to return the land to its pre-mining state.
        Because of the land-disturbing nature of the ore mining and 
    dressing industry, contaminants of concern generated by industrial 
    activities in this industry include total suspended solids (TSS), total 
    dissolved solids (TDS), turbidity, pH, and heavy metals. Table G-1 
    lists potential pollutant source activities, and related pollutants 
    associated with ore mining and dressing facilities.
    
                                Table G-1.--Activities, Pollutant Sources, and Pollutants                           
    ----------------------------------------------------------------------------------------------------------------
               Activity                         Pollutant source                            Pollutant               
    ----------------------------------------------------------------------------------------------------------------
    Site Preparation..............  Road Construction......................  Dust, TSS, TDS, turbidity.             
                                    Removal of Overburden..................  Dust, TSS, TDS, turbidity.             
                                    Removal of waste rock to expose the      Dust, TSS, TDS, turbidity.             
                                     metal.                                                                         
    Mineral Extraction............  Blasting activities....................  Dust, TSS, nitrate/nitrite.            
    Beneficiation Activities......  Milling................................  Dust, TSS, TDS, pH, turbidity, fines,  
                                                                              heavy metals.                         
                                    Flotation..............................  Dust, TSS, TDS, pH, turbidity, fines,  
                                                                              chemical reagents, acids, heavy       
                                                                              metals.                               
                                    Gravity Concentration..................  TSS, TDS, pH, turbidity, heavy metals. 
                                    Amalgamation...........................  Dust, TSS, TDS, pH, turbidity, heavy   
                                                                              metals, mercury.                      
                                    Waste Rock Storage.....................  Dust, TSS, TDS, turbidity, pH, heavy   
                                                                              metals.                               
                                    Raw Material Loading...................  Dust, TSS, TDS, turbidity, heavy       
                                                                              metals.                               
                                    Processing materials unloading.........  Diesel fuel, oil, gasoline, chemical   
                                                                              reagents.                             
                                    Raw or Waste Material Transportation...  Dust, TSS, TDS, turbidity, heavy       
                                                                              metals.                               
    Leaching......................  Heap leach piles.......................  Dust, TSS, TDS, turbidity, pH, heavy   
                                                                              metals, cyanide.                      
    Other Activities..............  Sedimentation pond upsets..............  TSS, TDS, turbidity, pH, heavy metals. 
                                    Sedimentation pond sludge removal and    Dust, TSS, TDS, turbidity, pH, heavy   
                                     disposal.                                metals.                               
                                    Air emission control device cleaning...  Dust, TSS, TDS, turbidity.             
    Equipment/Vehicle Maintenance.  Fueling activities.....................  Diesel fuel, gasoline, oil.            
                                    Parts cleaning.........................  Solvents, oil, heavy metals, acid/     
                                                                              alkaline wastes.                      
                                    Waste disposal of oily rags, oil and     Oil, heavy metals, solvents, acids     
                                     gas filters, batteries, coolants,                                              
                                     degreasers.                                                                    
                                    Fluid replacement including hydraulic    Oil, arsenic, lead, cadmium, chromium, 
                                     fluid, oil, transmission fluid,          benzene, TCA, TCE, PAHs, solvents.    
                                     radiator fluids, and grease.                                                   
    Reclamation Activities........  Site preparation for stabilization.....  Dust, TSS, TDS, turbidity, heavy       
                                                                              metals.                               
    ----------------------------------------------------------------------------------------------------------------
     Sources: Storm Water Group Applications, Parts 1 and 2 and EPA. ``Development Document for Effluent Limitations
      Guidelines and Standards for the Ore Mining and Dressing Point Source Category.'' (EPA 440/1-82/061) November 
      1982.                                                                                                         
    
        Industrial activities, significant materials, and material 
    management practices associated with ore mining and dressing methods 
    are typically similar, varying only in the type of rock being mined. 
    Examples of mineral commodities obtained from ore mining and dressing 
    facilities include: iron; copper; lead; zinc; gold; silver; ferroalloy 
    ores such as molybdenum, manganese, chromium, cobalt, nickel, and 
    tungsten; uranium; radium; vanadium; aluminum; antimony; bauxite; 
    platinum; tin; and titanium. Industrial activities include, ``. . . but 
    [are] not limited to, storm water discharges from industrial plant 
    yards; immediate access roads and rail lines used or traveled by 
    carriers of raw materials, manufactured products, waste material, or 
    by-products used or created by the facility; material handling sites; 
    refuse sites; sites used for the application or disposal of process 
    wastewaters (as defined at 40 CFR Part 401); sites used for the storage 
    and maintenance of material handling 
    
    [[Page 50890]]
    equipment; sites used for residual treatment, storage, or disposal; 
    shipping and receiving areas; manufacturing buildings; storage areas 
    (including tank farms) for raw materials and intermediate and finished 
    materials; and areas where industrial activity has taken place in the 
    past and significant materials remain and are exposed to storm water'' 
    (40 CFR 122.26(b)(14)). The most common industrial activities at 
    metallic mine sites include extraction of the metal, material crushing, 
    and product separation. While all of these industrial activities can 
    occur at metal mines, storm water discharges from some of the areas 
    listed cannot be covered by this permit (see Part VIII.G.4. Discharges 
    Covered Under This Section).
        Significant materials include, ``. . . but [are] not limited to: 
    raw materials, fuels, materials such as solvents, detergents, and 
    plastic pellets; finished materials such as metallic products; . . . 
    hazardous substances designated under Section 101(14) of CERCLA; any 
    chemical facilities required to report pursuant to Section 313 of title 
    III of SARA; fertilizers; pesticides; and waste products such as ashes, 
    slag, and sludge that have the potential to be released with storm 
    water discharge'' (40 CFR 122.26(b)(12)). Significant materials 
    commonly found at mining facilities include: overburden; waste rock; 
    sub-ore piles; tailings; petroleum-based products; solvents and 
    detergents; manufactured products; and other waste materials.
        Materials management practices are defined as those practices 
    employed to diminish contact by significant materials with 
    precipitation and storm water runon, or practices utilized to reduce 
    the offsite discharge of contaminants. To this end, sediment ponds, 
    discharge diversion techniques, as well as methods of dispersion, are 
    used to minimize impacts of significant materials on storm water. For 
    mine sites requiring additional sources of water for processing 
    operations, rainfall events as well as storm water runon will be 
    managed for use in dust suppression, processing, and washing 
    activities. Many mine sites are already equipped with sedimentation 
    ponds and other established process wastewater treatment methods in 
    order to meet effluent limitation guidelines. Additional storm water 
    management practices used at mineral mining facilities include: 
    discharge diversions; drainage/storm water conveyances; runoff 
    dispersion; sediment control and collection practices; vegetation/soil 
    stabilization; capping contaminated sources; and treatment.
        Metals are recovered by three basic extraction techniques: surface 
    mining; underground mining; and placer mining. Each type of extraction 
    method may be followed by varying methods of beneficiation and 
    processing. Presented below are brief descriptions of the industrial 
    activities, significant materials, and materials management practices 
    associated with these four extraction processes and associated 
    beneficiation activities. Due to similarities in mining operations for 
    many of the minerals within this sector, industrial activities, 
    significant materials, and materials management practices are fairly 
    uniform across this sector. Unique practices are noted.
        a. Surface Mining. Many mining facilities access metal deposits 
    using surface extraction techniques such as strip mining, open-pit, 
    open-cut, and open-cast. Surface mining is more economical than 
    underground especially when the ore body is large and near the surface.
        (1) Industrial Activities. Extraction activities include removal of 
    overburden and waste rock to access metal deposits. These land-
    disturbing activities generate piles of topsoil and other overburden as 
    well as waste rock, which are typically stored beside, or within, the 
    pit or quarry. In addition, land disturbance, drilling, blasting, 
    stripping, and materials handling activities create large amounts of 
    dust that are either dispersed by local wind patterns or collected in 
    air pollution control mechanisms. At closure, overburden and waste rock 
    may or may not be used to reclaim the pit or quarry depending on 
    Federal, State, and local requirements. In addition, access roads and 
    rail spurs, and associated loading and unloading areas, are found 
    onsite.
        Following extraction, the mined materials may be transferred to a 
    nearby beneficiation/processing facility. At an ore beneficiation 
    facility, the valuable metals are separated from the less valuable rock 
    to yield a product which is higher in metal content. To accomplish 
    this, the ore must be crushed and ground small enough so that each 
    particle contains mostly the mineral to be recovered or mostly the less 
    valuable, or gangue, material. Valuable minerals are separated from the 
    gangue by gravity concentration, magnetic separation, electrostatic 
    separation, flotation, and leaching.
        (2) Significant Materials. Significant materials generated by most 
    extraction activities at surface mines include overburden piles, waste 
    rock piles, ore and subore piles, and materials spilled from loading 
    and unloading activities. Other exposed materials that can be generated 
    at these types of operations (as well as other metal mines), include: 
    tailings from flotation and other separation stages; soils impacted by 
    fugitive dust emissions; settling ponds that receive process 
    wastewaters; dredged sediment disposal areas; as well as raw material 
    and product storage. Dust and particulate matter collected in air 
    pollution control mechanisms may also be disposed of in onsite waste 
    piles.
        (3) Materials Management Practices. Materials management practices 
    at surface mines are typically designed to control dust emissions and 
    soil erosion from extraction activities, and offsite transport of 
    significant materials. Settling ponds and impoundments are commonly 
    used to reduce total suspended solids (TSS), total dissolved solids 
    (TDS), and other contaminants in process generated wastewaters. These 
    controls may also be used to manage storm water runoff and runon with 
    potentially few alterations to onsite drainage systems. Few sampling 
    facilities indicated the presence of traditional BMPs. Only 29 percent 
    of the sampling facilities have ponds or impoundments as a storm water 
    control.
        Tailings impoundments are used to manage tailings generated at 
    facilities engaged in flotation or heavy media separation operations. 
    These impoundments are used to manage beneficiation/processing 
    wastewaters generated at the facility and may also be used to manage 
    storm water runoff.
        b. Underground Mining. Underground mining techniques are used to 
    access metals located too far underground to access economically from 
    the surface. Though typically a more expensive form of extraction, 
    advantages to underground mining operations include year-round 
    operation, less noise (applicable to facilities located near 
    residential areas), and less surface land disturbance. The two main 
    underground mining methods are stoping and caving. Both of these 
    methods can be used in several variations depending on the 
    characteristics of the ore body. Common stoping methods include cut-
    and-fill, square cut (timbered), shrinkage, and open. Caving methods 
    include undercut, block, and sub-level. Underground mining is usually 
    independent of surface mining, but sometimes underground mining 
    precedes or follows surface mining.
        (1) Industrial Activities/Significant Materials. Industrial 
    activities that may be associated with storm water discharges include: 
    loading/unloading activities; haul roads; products and materials 
    storage; waste piles; and processing activities. Exposed materials 
    
    [[Page 50891]]
    associated with surface beneficiation and processing facilities at 
    underground mines are similar to those associated with surface mining 
    facilities.
        (2) Materials Management Practices. Materials management practices 
    for significant materials at the surface of underground mining 
    facilities are similar to those materials management practices used at 
    surface mining operations. However, waste rock or mill tailings are in 
    some cases being returned to the mine as fill for the mined-out areas 
    or may be directed to a disposal basin.
        c. Placer Mining. Placer mining is used to mine alluvial sands and 
    gravels containing valuable metallic minerals. Placer deposits are 
    usually mined exclusively for gold material but smaller amounts of 
    platinum, tin, and tungsten may also be recovered. There are three main 
    placer mining techniques including dredge, hydraulic, and open cut 
    methods.
        (1) Industrial Activities. The industrial activities at dredging 
    placer mines excavate underwater gold deposits by bucketline, dragline, 
    or by suction. The excavation devices dig, wash, and screen gold values 
    which are then recovered using gravity concentration methods. Hydraulic 
    placer mines characteristically use high pressure water jets to 
    excavate value-laden gravel banks. The most commonly used placer mining 
    extraction method is the open cut. It involves stripping away topsoil 
    and overburden to expose the auriferous gravels. The gold bearing 
    gravels are excavated in sections and pushed to a placer wash plant for 
    processing. Gravitational concentration is the common beneficiating 
    technique at placer mines.
        (2) Significant Materials. Significant materials generated at 
    placer operations include overburden, mine development rock, ore, sub-
    ore piles, mine waste dumps, tailings ponds and piles. Potential 
    natural constituents include mercury, arsenic, bismuth, antimony, 
    thallium, pyrite, and pyrrhotite. After settling, the liquid portion of 
    the slurry is returned to the mill as process water and the remaining 
    slurried waste is pumped to tailings. In placer operations, however, 
    tailings are disposed of in streams or on land.
        (3) Materials Management Practices. Settling ponds are used to 
    manage process wastewaters and are in some cases being used to manage 
    contaminated storm water runoff. Few materials management practices 
    were indicated in the part 1 group applications.
        d. Inactive Mine Sites. Inactive ore mining and dressing operations 
    are those where industrial activities are no longer occurring. When 
    active, mineral extraction could have occurred from surface mines, 
    solution mines, placer operations, or underground mines. These sites 
    are included in this section because significant materials may remain 
    onsite. These materials, if exposed, are potential sources of storm 
    water contamination. Until an inactive metals mine and/or beneficiation 
    operation has been reclaimed under applicable State or Federal laws 
    after December 17, 1990, the site is considered associated with an 
    ``industrial activity'' and is subject to the conditions of this 
    section. Due to the seasonal nature of this industry, mine sites can 
    become temporarily inactive for extended periods of time. Temporarily 
    inactive sites are not viewed the same as permanently inactive sites.
    2. Pollutants Found in Storm Water Discharges From Metal Mining
        The volume of storm water discharges and the type and 
    concentrations of pollutants found in storm water discharges from 
    active and inactive metal mining facilities will vary according to 
    several factors. Such factors include: geographic location; 
    hydrogeology; the physical and chemical characteristics of the ores 
    extracted; the physical and chemical characteristics of the waste rock 
    and overburden removed; how the ore was extracted (e.g., open pit, 
    underground, solution or dredging); the type of industrial activities 
    occurring onsite (e.g., extraction, crushing, washing, milling, 
    reclamation, etc.); the size of the operation; type, duration, and 
    intensity of precipitation events; temperature ranges and variations; 
    and the types of pollutant control measures used at the site. Each of 
    these, and other factors will interact to influence the quantity and 
    quality of storm water runoff. For example, air emissions (i.e., dust) 
    may be a significant source of pollutants at some facilities, while 
    roads constructed of waste rock may be a primary source at others. In 
    addition, sources of pollutants other than storm water, such as illicit 
    connections, spills, and other improperly dumped materials, may 
    increase the pollutant loadings discharged into waters of the United 
    States.
        Based on the wide variety of industrial activities and significant 
    materials at the facilities included in this sector, EPA believes it is 
    appropriate to divide the metal mining (ore mining and dressing) 
    industry into subsectors to properly analyze sampling data and 
    determine monitoring requirements. As a result, this sector has been 
    divided into the following subsectors: iron ore; copper ores; lead and 
    zinc ores, gold and silver ores; ferroalloy ores, except vanadium; 
    metal mining services; and miscellaneous metal ores (including uranium-
    radium-vanadium ores). Table G-2 below includes data for the eight 
    pollutants that all facilities were required to monitor for under Form 
    2F. The table also lists those parameters that EPA has determined merit 
    further monitoring.
        A table has not been included for the following subsectors because 
    less than 3 facilities submitted data in that subsector; iron ores; 
    lead and zinc ores; gold and silver ores; ferroalloy ores, except 
    vanadium; metal mining services; and miscellaneous metal ores 
    (including uranium-radium-vanadium ores).
    
                                    Table G-2.--Statistics for Selected Pollutants Reported by Copper Ore Mining Facilities Submitting Part II Sampling Data i (mg/L)                               
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                           No. of facilities             No. of samples          Minimum              Maximum              Median           95th percentile       99th percentile   
        PollutantSample type     -------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                    Grab   Comp ii    Grab     Comp      Grab      Comp      Grab      Comp       Grab       Comp      Grab      Comp       Grab       Comp        Grab       Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5........................        4        1        7        1      11.0      18.0       0.0      18.0        27.0      18.0      11.0      18.0        43.6   ........        81.9   ........
    COD.........................        4        2        7        4     234.7     360.0       0.0     160.0       630.0     740.0     160.0     270.0      1448.6     888.2       3835.9    1386.6 
    Nitrate + Nitrite Nitrogen..        4        1        5        2       1.84      1.50      0.00      1.40        5.30      1.60      1.40      1.50        6.35      1.75        11.5       1.86
    Total Kjeldahl Nitrogen.....        3        1        4        2       3.98      3.70      1.20      1.50        7.00      5.90      3.85      3.70       13.60     14.63        25.55     28.30
    Oil & Grease................        3      N/A        5      N/A       1.0     N/A         0.0     N/A           5.0     N/A         0.0     N/A     ..........    N/A     ...........    N/A   
    pH..........................        5      N/A       13      N/A     N/A       N/A         4.5     N/A           8.2     N/A         7.8     N/A           9.7     N/A           10.7     N/A   
    Total Phosphorus............        5        3       10        5       2.17      7.54      0.00      0.00       14.00      7.00      0.11      0.17       13.53      7.93        68.67     28.25
    Total Suspended Solids......        4        2        6        4   18113       580         0       330      100000       850      2135       570      350477      1159      4050366     1596    
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
    [[Page 50892]]
    
    3. Options for Controlling Pollutants From Metal Mines
        There are two options for reducing pollutants in storm water 
    discharges; end-of-pipe treatment and implementing Best Management 
    Practices to prevent and/or eliminate pollution. Discharges from mining 
    operations are in some ways dissimilar to other types of industrial 
    facilities. Mining facilities are often in remote locations and may 
    operate only seasonally or intermittently, yet need year-round controls 
    because significant materials remain exposed to precipitation when 
    reclamation is not completed. These characteristics make resource 
    intensive end-of-pipe management controls less desirable. A 
    comprehensive storm water management program for a given plant may 
    include controls from each of these categories. Development of 
    comprehensive control strategies should be based on a consideration of 
    site and facility plant characteristics.
        a. End-of-Pipe Treatment. At many ore mining and dressing 
    facilities, it may be appropriate to collect and treat the runoff from 
    targeted areas of the facility. This approach was taken with 11 
    industrial subcategories within the ore mining and dressing industry, 
    subject to national effluent limitation guidelines mill process 
    wastewater and mine drainage. There are several areas where effluent 
    limitation guidelines influence the permitting strategy for storm water 
    discharges: whenever storm water and mill process wastewater and mine 
    drainage combine, the storm water discharge is also subject to effluent 
    limitation guidelines; to meet the numeric effluent limitation 
    guidelines, most, if not all, facilities must collect and temporarily 
    store onsite runoff from targeted areas of the plant; the effluent 
    limitation guidelines do not apply to discharges whenever rainfall 
    events, either chronic or catastrophic, cause an overflow of storage 
    devices designed, constructed, and maintained to contain a 10-year, 24-
    hour storm; and most technology-based treatment standards, used for 
    treating discharges subject to effluent limitation guidelines, are 
    based on relatively simple technologies such as settling of solids, 
    neutralization, and drum filtration.
        For storm water discharges that are not covered by the effluent 
    limitations guidelines, BMPs may be an appropriate means for limiting 
    pollutant contributions. However, in cases of poor quality storm water 
    discharges (e.g., low pH, high metals, etc.), treatment may be 
    necessary to protect receiving waters.
        b. Best Management Practices. Effective storm water management 
    controls for limiting the offsite discharge of storm water pollutants 
    from ore mining and dressing facilities are source reduction BMPs. 
    Source reduction BMPs are methods by which discharges of contaminants 
    are controlled with little or no required maintenance. Examples of 
    these types of controls include source reduction diversion dikes, 
    vegetative covers, and berms. Source reduction practices are typically 
    (but not always) low in cost and relatively easy to implement. In some 
    instances, more resource intensive treatment BMPs, including 
    sedimentation ponds, may be necessary depending upon the type of 
    discharge, types and concentrations of contaminants, and volume of 
    flow.
        The selection of the most effective BMPs will be based on site-
    specific considerations such as: facility size, climate, geographic 
    location, hydrogeology and the environmental setting of each facility, 
    and volume and type of discharge generated. Each facility will be 
    unique in that the source, type, and volume of contaminated storm water 
    discharges will differ. In addition, the fate and transport of 
    pollutants in these discharges will vary. The management practices 
    discussed herein are well suited mechanisms to prevent or control the 
    contamination of storm water discharges associated with mining 
    activity.
        The following four categories describe best management practice 
    options for reducing pollutants in storm water discharges from ore 
    mining and dressing facilities: discharge diversions; sediment and 
    erosion control; capping of contaminated sources; treatment.
        Because ore mining and dressing is largely a land disturbance 
    activity, BMPs that minimize erosion and sedimentation will be most 
    effective if installed at the inception of operations and maintained 
    throughout active operations and reclamation of the site. From the 
    construction of access and haul roads, to closure and reclamation 
    activities, implementation of BMPs is often essential to minimizing 
    long-term environmental impacts to an area.
        Part 1 group application data indicates that few storm water BMPs 
    have been implemented at sampling facilities. The group application 
    process did not require a description of BMP locations, and did not 
    require applicants to describe the number of identical BMPs implemented 
    at each site. As a result, the effectiveness of BMPs, for storm water 
    management, at these facilities cannot be evaluated.
        Many BMPs were not listed by facilities because they have been 
    implemented to treat waters subject to effluent limitation guidelines, 
    and are not exclusively used for storm water management. For instance, 
    29 percent of the sampling subgroup reported using ponds for sediment 
    control and collection. Since some facilities classified as SIC Code 10 
    are subject to effluent limitation guidelines, sedimentation ponds may 
    be implemented at greater proportions than indicated in part 1 of the 
    group applications.
        Because BMPs described in the part 1 data are limited, EPA is 
    providing an overview of supplementary BMPs for use at ore mining and 
    dressing facilities. However, due to the site-specific nature of 
    facilities within this sector, BMPs cited do not preclude the use of 
    other viable BMP options. Table G-3 summarizes BMP options as they 
    apply to land disturbance activities at ore mining and dressing 
    facilities. Sources of BMP information include: ``Sediment and Erosion 
    Control: An Inventory of Current Practices--Draft,'' EPA, April 20, 
    1990; ``Storm Water Management for Industrial Activities: Developing 
    Pollution Prevention Plans and Best Management Practices,'' EPA, 
    September, 1992, (EPA 832-R-92-006); ``Best Management Practices for 
    Mining in Idaho,'' Idaho Department of Lands, November 1992; and 
    ``Erosion & Sediment Control Handbook,'' Goldman et al., McGraw-Hill 
    Book Company, 1986.
    
                                                                                                                                                                                                    
    
    [[Page 50893]]
                                           Table G-3.--Summary of Mine Areas and Applicable Best Management Practices                                       
    --------------------------------------------------------------------------------------------------------------------------------------------------------
      Land-disturbed         Discharge          Conveyance                         Sediment control                                                         
           area             diversions           systems       Runoff dispersion     & collection        Vegetation        Containment         Treatment    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    Haul Roads and      Dikes, Curbs,       Channels,          Check Dams, Rock   Gabions, Riprap,   Seeding, Willow                                        
     Access Roads.       Berms.              Gutters,           Outlet             Native Rock        Cutting                                               
                                             Culverts,          Protection,        Retaining Walls,   Establishment.                                        
                                             Rolling Dips,      Level Spreaders,   Straw Bale                                                               
                                             Road Sloping,      Stream             Barriers,                                                                
                                             Roadway Water      Alteration, Drop   Sediment Traps/                                                          
                                             Deflectors.        Structures.        Catch Basins,                                                            
                                                                                   Vegetated Buffer                                                         
                                                                                   Strips.                                                                  
    Pits/Quarries or    Dikes, Curbs,       Channels, Gutters  Serrated Slopes,   Sediment Settling  Seeding..........  Plugging and       Chemical/Physical
     Underground Mines.  Berms.                                 Benched Slopes,    Ponds, Straw                          Grouting.          Treatment.      
                                                                Contouring,        Bale Barrier,                                                            
                                                                Stream             Siltation Berms.                                                         
                                                                Alteration.                                                                                 
    Overburden, Waste   Dikes, Curbs,       Channels, Gutters  Serrated Slopes,   Plastic Matting,   Topsoiling,        Capping..........  Chemical/Physical
     Rock and Raw        Berms.                                 Benched Slopes,    Plastic Netting,   Seedbed                               Treatment,      
     Material Piles.                                            Contouring,        Erosion Control    Preparation,                          Artificial      
                                                                Stream             Blankets, Mulch-   Seeding.                              Wetlands.       
                                                                Alteration.        straw,                                                                   
                                                                                   Compaction,                                                              
                                                                                   Sediment/                                                                
                                                                                   Settling Ponds,                                                          
                                                                                   Silt Fences,                                                             
                                                                                   Siltation Berms.                                                         
    Reclamation.......  Dikes, Curbs,       Channels, Gutters  Check Dams, Rock   Gabions, Riprap,   Topsoiling,        Capping, Plugging  Chemical/Physical
                         Berms.                                 Outlet             and Native Rock    Seedbed            and Grouting.      Treatment,      
                                                                Protection,        Retaining Walls,   Preparation,                          Wetlands.       
                                                                Level Spreaders,   Biotechnical       Seeding, Willow                                       
                                                                Serrated Slopes,   Stabilization,     Cutting                                               
                                                                Benched Slopes,    Straw Bale         Establishment.                                        
                                                                Contouring,        Barriers,                                                                
                                                                Drain Fields,      Sediment Traps/                                                          
                                                                Stream             Catch Basins,                                                            
                                                                Alteration, Drop   Vegetative                                                               
                                                                Structures.        Buffer Strips,                                                           
                                                                                   Silt Fences,                                                             
                                                                                   Siltation Berms,                                                         
                                                                                   Brush Sediment                                                           
                                                                                   Barriers.                                                                
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
        Haul Roads and Access Roads--Placement of haul roads or access 
    roads should occur as far as possible from natural drainage areas, 
    lakes, ponds, wetlands or floodplains where soil will naturally be less 
    stable for heavy vehicle traffic. If a haul road must be constructed 
    near water, as little vegetation as possible should be removed from 
    between the road and the waterway, as vegetation is a useful buffer 
    against erosion and is an efficient sediment collection mechanism. The 
    width and grade of haul or access roads should be minimal and should be 
    designed to match natural contours of the area. Construction of haul 
    roads should be supplemented by BMPs that divert runoff from road 
    surfaces, minimize erosion, and direct flow to appropriate channels for 
    discharge to treatment areas.
        Pits or Quarries--Excavation of a pit or quarry must be accompanied 
    by BMPs to minimize impacts to area surface waters. As discussed in 
    construction of haul roads, as little vegetation as possible should be 
    removed from these areas during excavation activities to minimize 
    exposed soils. In addition, stream channels and other sources of water 
    that may discharge into a pit or quarry should be diverted around that 
    area to prevent contamination.
        BMPs can be used to control total suspended solids levels in runoff 
    from unvegetated areas. These can include sediment/settling ponds, 
    check dams, silt fences, and straw bale barriers.
        Overburden, Waste Rock, and Raw Material Piles--Overburden, 
    topsoil, and waste rock, as well as raw material and intermediate and 
    final product stockpiles should be located away from 
    
    [[Page 50894]]
    surface waters and other sources of water, and from geologically 
    unstable areas. If this is not practicable, surface water should be 
    diverted around the piles. As many piles as possible should be 
    revegetated, (even if only on a temporary basis.) At closure, remaining 
    units should be reclaimed.
        Reclamation Activities--When a mineral deposit is depleted and 
    operations cease, a mine site must be reclaimed according to 
    appropriate State or Federal standards. Closure activities typically 
    include restabilization of any disturbed areas such as access or haul 
    roads, pits or quarries, sedimentation ponds or work-out pits, and any 
    remaining waste piles. Overburden and topsoil stockpiles may be used to 
    fill in a pit or quarry (where practical.) Recontouring and 
    revegetation should be performed to stabilize soils, and prevent 
    erosion.
        Major reclamation activities such as recontouring roads and filling 
    in a pit or quarry can only be performed after operations have ceased. 
    However, reclamation activities such as stabilization of banks, and 
    reseeding and revegetation should be implemented in mined out portions, 
    or inactive areas of a site as active mining moves to new areas.
        EPA recognizes that quarries are frequently converted into 
    reservoirs, or recreational areas, after the mineral deposit is 
    depleted. However, this does not preclude the reclamation of disturbed 
    areas above the quarry rim.
        (1) Discharge Diversions. Discharge diversions provide the first 
    line of defense in preventing the contamination of discharges, and 
    subsequent contamination of receiving waters of the United States. 
    Discharge diversions are temporary or permanent structures installed to 
    divert flow, store flow, or limit storm water runon and runoff.
        These diversion practices have several objectives. First, diversion 
    structures can be designed to prevent otherwise uncontaminated (or less 
    contaminated) water from crossing disturbed areas or areas containing 
    significant amounts of contaminated materials, where contact may occur 
    between runon and significant materials. These source reduction 
    measures may be particularly effective for metal mining facilities to 
    prevent runon of uncontaminated discharges from contacting exposed 
    materials and/or reduce the flow across disturbed areas, thereby 
    lessening the potential for erosion. Second, diversion structures can 
    be used to collect or divert waters for later treatment, if necessary. 
    The usefulness of these control measures are limited by such factors as 
    the size of the area to be controlled and the type and nature of 
    materials exposed and precipitation events.
        Diversion dikes, curbs, and berms are temporary or permanent 
    diversion structures that prevent runoff from passing beyond a certain 
    point, and divert runoff away from its intended path. Dikes, curbs or 
    berms may be used to surround and isolate areas of concern at metal 
    mining sites, diverting flow around piles of overburden, waste rock, 
    and storage areas, to minimize discharge contact with contaminated 
    materials and to limit discharges of contaminated water from confined 
    areas. The BMPs described below may be useful for storm water diversion 
    at metal mining sites.
        Channels or Gutters--Channels or gutters collect storm water runoff 
    and direct its flow. Channels or gutters may act to divert runoff away 
    from a potential source of contamination, but may also be used to 
    channel runoff to a collection and/or treatment area including settling 
    ponds, basins or work-out pits.
        Open Top Box Culverts and Waterbars--These structures are temporary 
    or permanent structures that divert water from a roadway surface. Open 
    top box culverts may be used on steeply graded, unpaved roads in place 
    of pipe culverts to divert surface runoff and flow from inside ditches 
    onto the downhill slope of a road. These structures are typically made 
    of wood and should periodically be monitored and repaired if necessary.
        Rolling Dips and Road Sloping--Rolling dips and road sloping are 
    permanent water diversion techniques installed using natural contours 
    of the land during road construction. These BMPs prevent water 
    accumulation on road surfaces and divert surface runoff toward road 
    ditches, which then convey the storm water to ponds or other management 
    areas.
        Roadway Surface Water Deflector--A roadway surface water deflector 
    is another technique to prevent accumulation of water on road surfaces. 
    The structure uses a conveyor belt sandwiched between two pieces of 
    treated wood and placed within the road to deflect water. This is a 
    useful technique for steeply graded, unpaved roads.
        Culverts--Culverts are permanent surface water diversion mechanisms 
    used to convey water off or underneath a road. Made of corrugated 
    metal, they must extend across the entire width of the road and beyond 
    the fill slope. Additional erosion control mechanisms may need to be 
    installed at the discharge end of the culvert.
        Drainage systems are most effective when used in conjunction with 
    runoff dispersion devices designed to slow the flow of water discharged 
    from a site. These devices also aid storm water infiltration into the 
    soil and flow attenuation. Some examples of velocity dissipation 
    devices include check dams, rock outlet protection, level spreaders, 
    and serrated and benched slopes.
        Check Dams--Check dams are small temporary dams constructed across 
    swales or drainage ditches to reduce the velocity of runoff flows, 
    thereby reducing erosion and failure of the swale or ditch. This 
    slowing reduces erosion and gullying in the channel and allows 
    sediments to settle.
        Rock Outlet Protection--Rock protection placed at the outlet end of 
    culverts, channels, or ditches reduces the depth, velocity, and 
    destructive energy of water such that the flow will not erode the 
    downstream reach.
        Level Spreaders--Level spreaders are outlets for dikes and 
    diversions consisting of an excavated depression constructed at zero 
    grade across a slope. Level spreaders diffuse storm water point sources 
    and release it onto areas stabilized by existing vegetation.
        Serrated Slopes and Benched Slopes--These runoff dispersion methods 
    break up flow of runoff from a slope, decreasing its ability to erode. 
    Serrated and benched slopes provide flat areas that allow water to 
    infiltrate, and space for vegetation to grow and reinforce soils.
        Contouring--Surface contouring is the establishment of a rough soil 
    surface amenable to revegetation, through creating horizontal grooves, 
    depressions, or steps that run with the contour of the land. Surface 
    roughening aids in the establishment of vegetative cover by reducing 
    runoff velocity and giving seed an opportunity to take hold and grow.
        Drain Fields--Drain fields are used to prevent the accumulation of 
    water and/or ground water at a site, by diverting infiltrating sources 
    through gravity flow or pumping.
        Stream Alteration--Altering or channelizing the path of a stream to 
    bypass all or some disturbed areas on a site allows additional mining 
    activities and avoids contamination of stream water by disturbed lands. 
    This practice is complicated, however, by the need to restore the 
    channel when mining operations end.
        Drop Structures--Drop structures are large angular rocks placed in 
    a V-shaped pattern to slow the velocity of storm water runoff. These 
    structures are typically reinforced by logs or large rocks imbedded in 
    the streambanks. 
    
    [[Page 50895]]
    
        (2) Erosion and Sediment Controls. Erosion and sediment controls 
    limit movement and retain sediments from being transported offsite. 
    Several structural collection devices have been developed to remove 
    sediment from runoff before it leaves the site. Several methods of 
    removing sediment from site runoff involve diversion mechanisms 
    previously discussed, supplemented by a trapping or storage device. 
    Structural practices typically involve filtering diffuse storm water 
    flows through temporary structures such as straw bale dikes, silt 
    fences, brush barriers or vegetated areas.
        Structural practices are typically low in cost. However, structural 
    practices require periodic removal of sediment to remain functional. As 
    such, they may not be appropriate for permanent use at inactive mines. 
    However, these practices may be effectively used as temporary measures 
    during active operation and/or prior to the final implementation of 
    permanent measures.
        (a) Structural Practices.
        (i) Sediment/Settling Ponds--Sediment ponds function as sediment 
    traps by containing runoff for long periods of time, allowing suspended 
    solids to settle. These structures can achieve a high removal rate of 
    sediment for both process wastewater and storm water discharges.
        Discharge ponds may also be designed to act as surge ponds which 
    are designed to contain storm surges and then completely drain in about 
    24 to 40 hours, and remain dry during times of no rainfall. They can 
    provide pollutant removal efficiencies that are similar to those of 
    detention ponds.\45\
    
        \45\ ``Urban Targeting and BMP Selection,'' EPA, Region V, 
    November 1990.
    ---------------------------------------------------------------------------
    
        (ii) Gabions, Riprap, and Native Rock Retaining Walls--These BMPs 
    are all forms of slope stabilization. Gabions consist of rocks (riprap) 
    contained by rectangular wire boxes or baskets for use as permanent 
    erosion control structures. Riprap consists of loose rocks placed along 
    embankments to prevent erosion.
        (iii) Biotechnical Stabilization--Biotechnical stabilization uses 
    live brush imbedded in the soils of a steep slope to prevent erosion. 
    This method relies on the premise that the imbedded vegetation will 
    eventually root and help stabilize the slope.
        (iv) Straw Bale Barrier--Straw bales may be used as temporary 
    berms, barriers, or diversions, capturing sediments, filtering runoff. 
    When installed and maintained properly, these barriers remove 
    approximately 67 percent of the sediment load.\46\
    
        \46\ ``Sediment and Erosion Control: An Inventory of Current 
    Practices--Draft,'' EPA, April 20, 1990, page IV-14.
    ---------------------------------------------------------------------------
    
        (v) Sediment Traps or Catch Basins--These temporary or permanent 
    structures are useful for catching and storing sediment laden storm 
    water runoff and are particularly useful during construction activities 
    to contain runoff. The effectiveness of these BMPs is better in smaller 
    drainage basin areas. Sediment traps are less than 50 percent effective 
    in removing sediment from storm water runoff.\47\
    
        \47\ ``Sediment and Erosion Control: An Inventory of Current 
    Practices--Draft,'' EPA, April 20, 1990, page IV-26.
    ---------------------------------------------------------------------------
    
        (vi) Vegetated Buffer Strips--The installation of vegetated buffer 
    strips will reduce runoff and prevent erosion at a removal efficiency 
    rate of 75 to 99 percent depending upon the ground cover.\48\
    
        \48\ ``Sediment and Erosion Control: An Inventory of Current 
    Practices--Draft,'' EPA, April 20, 1990, page IV-7.
    ---------------------------------------------------------------------------
    
        (vii) Silt Fence/Filter Fence--A low fence made of filter fabric, 
    wire and steel posts, should be used on small ephemeral drainage areas 
    where storm water collects or leaves a mine site. Silt fences remove 97 
    percent of the sediment load and are easier to maintain and remove 
    without creating lasting impacts to the environment.\49\
    
        \49\ ``Sediment and Erosion Control: An Inventory of Current 
    Practices--Draft,'' EPA, April 20, 1990, page IV-15.
    ---------------------------------------------------------------------------
    
        (viii) Siltation Berms--Siltation berms are typically placed on the 
    downslope side of a disturbed area to act as an impermeable barrier for 
    the capture and retention of sediments in surface water runoff. Plastic 
    sheeting is typically used to cover the berm. The berm and the plastic 
    sheeting may require periodic maintenance and repair.
        (ix) Brush Sediment Barriers--Brush barriers are temporary sediment 
    barriers composed of tree limbs, weeds, vines, root mat, soil, rock and 
    other cleared materials placed at the toe of a slope. A brush barrier 
    is effective only for small drainage areas, usually less than \1/4\ 
    acre, where the slope is minimal.
        (b) Stabilization--Stabilization practices involve establishing a 
    sustainable ground cover by permanent seeding, mulching, sodding, and 
    other such practices. A vegetative cover reduces the potential for 
    erosion of a site by: absorbing the kinetic energy of raindrops which 
    would otherwise impact soil; intercepting water so it can infiltrate 
    into the ground instead of running off and carrying contaminated 
    discharges; and by slowing the velocity of runoff to promote onsite 
    deposition of sediment. Stabilization controls are often the most 
    important measures taken to prevent offsite sediment movement, and can 
    provide a six-fold reduction in the discharge of suspended sediment 
    levels.\50\ Permanent seeding has been found to be 99 percent effective 
    in controlling erosion for disturbed land areas.\51\ Many states 
    require that topsoil be segregated from other overburden for use during 
    reclamation. While stored, topsoil stockpiles should be vegetated. This 
    temporary form of vegetation can often be used for other piles of 
    stored materials and for intermittent/seasonal operations.
    
        \50\ ``Performance of Current Sediment Control Measures at 
    Maryland Construction Sites,'' January 1990, Metropolitan Washington 
    Council of Governments, page X.
        \51\ ``Sediment and Erosion Control: An Inventory of Current 
    Practices--Draft,'' EPA, April 20, 1990, page IV-4.
    ---------------------------------------------------------------------------
    
        Typically, the costs of stabilization controls are low relative to 
    other discharge mitigation practices. Given the limited capacity to 
    accept large volumes of runoff, and potential erosion problems 
    associated with large concentrated flows, stabilization controls should 
    typically be used in combination with other management practices. These 
    measures have been documented as particularly appropriate for mining 
    sites.
        (i) Topsoiling, Seedbed Preparation--The addition of a layer of 
    topsoil or plant growth material provides an improved soil medium for 
    plant growth. Seedbed preparation may include the addition of topsoil 
    ingredients to be mixed in with soils used for seedbed preparation.
        (ii) Broadcast Seeding and Drill Seeding--Seeding and vegetative 
    planting are methods used to revegetate an area. Broadcast seeding 
    spreads seeds uniformly, by hand or machine, to steep sloped or rocky 
    areas, flat surfaces, and areas with limited access.
        (iii) Willow Cutting Establishment--Willow cutting establishment 
    describes a method of soil stabilization useful for stream banks and 
    other areas located adjacent to water. Similar to biotechnical 
    stabilization, willow cuttings are used to promote growth in an area 
    needing stabilization. Willow cuttings are typically used to reinforce 
    a streambank or other moist area.
        (iv) Plastic Matting, Plastic Netting, and Erosion Control 
    Blankets--These BMPs are used to protect bare soils to control dust and 
    erosion. Mats and blankets help to promote vegetative growth by 
    maintaining moisture and heat within the soil. 
    
    [[Page 50896]]
    
        (v) Mulch-straw or Wood Chips--Mulches and wood chips are useful 
    temporary covers for bare or seeded soils, with an erosion control 
    effectiveness rating of 75 to 98 percent.\52\ Like matting, mulch-straw 
    or wood chips help soils retain moisture and warmth to promote 
    vegetative growth.
    
        \52\ ``Sediment and Erosion Control: An Inventory of Current 
    Practices--Draft,'' EPA, April 20, 1990.
    ---------------------------------------------------------------------------
    
        (vi) Compaction--Soil compaction using a roller or other heavy 
    equipment increases soil ``strength'' by increasing its density. More 
    dense soil is less prone to erosion and long-term soil settlement.
        (3) Capping. In some cases, the elimination of a pollution source 
    through capping contaminant sources may be the most cost effective 
    control measure for discharges from inactive ore mining and dressing 
    facilities. Depending on the type of management practices chosen the 
    cost to eliminate the pollutant source may be very high. Once 
    completed, however, maintenance costs will range from low to 
    nonexistent.
        Capping or sealing of waste materials is designed to prevent 
    infiltration, as well as to limit contact between discharges and 
    potential sources of contamination. Ultimately, capping should reduce 
    or eliminate the contaminants in discharges. In addition, by reducing 
    infiltration, the potential for seepage and leachate generation may 
    also be lessened.
        EPA has identified a wide variety of best management practices 
    (BMPs) that may be used to mitigate discharges of contaminants at 
    active and inactive metal mines. Many of the practices focus on 
    sediment and erosion control and are similar to BMPs used in the 
    construction industry. These controls to prevent erosion and control 
    sedimentation are the most effective if they are installed at the 
    inception of operations and maintained throughout active operations and 
    reclamation of the site. For more details on the use and implementation 
    of these practices the reader is encouraged to obtain a copy of one or 
    more of the many good sediment and erosion control books available on 
    the market.\53\ In some cases (e.g., low pH and/or high metals 
    concentrations), BMPs, and sediment and erosion controls may not be 
    adequate to produce an acceptable quality of storm water discharge. 
    Under those circumstances additional physical or chemical treatment 
    systems may be necessary to protect the receiving waters.
    
        \53\ ``Best Management Practices for Mining in Idaho,'' Idaho 
    Department of State Lands, November 1992; ``Storm Water Management 
    for Construction Activities: Developing Pollution Prevention Plans 
    and Best Management Practices,'' EPA, September 1992 (EPA 832-R-92-
    005); and ``Erosion & Sediment Control Handbook,'' Goldman et al., 
    McGraw-Hill Book Company, 1986.
    ---------------------------------------------------------------------------
    
        (4) Treatment. Treatment practices are those methods of control 
    which normally are thought of as being applied at the ``end of the 
    pipe'' to reduce the concentration of pollutants in water before it is 
    discharged. This is in contrast to many BMPs, where the emphasis is on 
    keeping the water from becoming contaminated. Treatment practices may 
    be required where flows are currently being affected by exposed 
    materials and other BMPs are insufficient to meet discharge goals. 
    These practices are usually the most resource intensive, as they often 
    require significant construction costs, and monitoring and maintenance 
    on a frequent and regular basis. Treatment options may range from high 
    maintenance controls to low maintenance controls. High maintenance 
    treatment techniques require manpower to operate and maintain the BMP. 
    Low maintenance cost techniques have initial capital costs but operate 
    with low long-term maintenance after being implemented. At a few sites, 
    treatment measures other than high maintenance measures may be 
    appropriate to address specific pollutants.
        (a) Chemical/Physical Treatment--An example of a high maintenance 
    technology that is found at many active metal mining facilities is 
    chemical/physical treatment. The most common type of chemical/physical 
    treatment involves the addition of lime or other such caustics to 
    neutralize the discharges and/or precipitate metals. Metals may be 
    removed from wastewater by raising the pH of the wastewater to 
    precipitate them out as hydroxides.
        (b) Oil/Water Separators--Another example of a high maintenance 
    treatment technology is an oil/water separator. An American Petroleum 
    Institute (API) oil/water separator or similar type of treatment device 
    which acts to skim oil and settle sludge can be used to remove oil from 
    water.
        (c) Artificial Wetlands--This type of BMP system can be an 
    effective system for improving water quality either alone or in 
    conjunction with other treatment practices. Wetland processes are able 
    to filter sediments, and absorb and retain chemical and heavy metal 
    pollutants through biological degradation, transformation, and plant 
    uptake.
        Natural wetlands should not be considered as part of the treatment 
    system because they are considered to be waters of the United States. 
    The necessary controls, or BMPs, must be provided prior to discharging 
    the storm water runoff to natural wetlands or other receiving waters.
        In summary, a wide variety of BMPs are available for use at active 
    and inactive metallic mining and milling facilities. These measures 
    range from simple low cost, low maintenance source reduction practices 
    such as diversion structures to high cost, maintenance intensive 
    practices such as wetlands treatment. Clearly, the selection of a 
    practice or group of practices will be site-specific depending on 
    conditions and potential impacts as well as the resources available at 
    each site. A specific best available technology (or technologies) 
    cannot be determined because of the differences between sites and the 
    quantities and characteristics of their discharges.
    (4) Discharges Covered Under This Section
        Coverage under this section of today's permit is limited to all 
    storm water discharges from inactive metal mining facilities and storm 
    water discharges from the following areas of active metal mining 
    facilities: topsoil piles; offsite haul/access roads if off active 
    area; onsite haul roads if not constructed of waste rock or spent ore, 
    and mine water is not used for dust control; runoff from tailings dams/
    dikes when not constructed of waste rock/tailings and no process fluids 
    are present; concentration building, if no contact with material piles; 
    mill site, if no contact with material piles; chemical storage area; 
    docking facility, if no excessive contact with waste product; explosive 
    storage; reclaimed areas released from reclamation bonds prior to 
    December 17, 1990; and partially/inadequately reclaimed areas or areas 
    not released from reclamation bonds.
        Storm water discharges, or mine drainage discharges, which are 
    subject to existing effluent limitations guidelines addressing storm 
    water (or a combination of storm water and non-storm water) cannot be 
    covered by this section. The effluent limitations guidelines that apply 
    to active metal mining operations are contained in 40 CFR Part 440, Ore 
    Mining and Dressing Point Source Category. These effluent guidelines 
    include specific numeric limitations for mine drainage and discharges 
    from mills, or ``no discharge'' requirements. Table G-4 identifies the 
    discharge and source of the discharge from active metal mining 
    facilities, that are subject to process wastewater limitations, mine 
    drainage limitations, and storm water reporting requirements. Storm 
    water discharges that are eligible 
    
    [[Page 50897]]
    for coverage under today's permit are identified under the coverage 
    section of the permit. At all metal mining facilities, coverage under 
    this section does not include adit drainage or contaminated springs or 
    seeps. Table G-4 clarifies the applicability of the Effluent 
    Limitations Guidelines found in 40 CFR Part 440. This table does not 
    expand or redefine these Effluent Limitations Guidelines.
    
        Table G-4.--Applicability of 40 CFR Part 440 Effluent Limitations   
       Guidelines to Storm Water Runoff From Active Ore (Metal) Mining and  
                                 Dressing Sites                             
    ------------------------------------------------------------------------
       Discharge/source of     Applicable ELG, if                           
            discharge             any (see key)           Note/comment      
    ------------------------------------------------------------------------
    Land application area     MD                    PW--if Process fluids   
     runoff.                                         present.               
    Crusher area............  MD                    PW--if Process fluids   
                                                     present.               
    Piles (seepage and/or                                                   
     runoff):                                                               
        Spent ore...........  MD                    PW--if Process fluids   
                                                     present.               
        Surge/Ore...........  MD                    PW--if Process fluids   
                                                     present.               
        Waste rock/           MD                                            
         overburden.                                                        
        Topsoil.............  SW                                            
    Drainage:                                                               
        Pit drainage          MD                                            
         (unpumped).                                                        
        Pit drainage          MD                                            
         (removed by                                                        
         pumping).                                                          
        Mine water from       MD                                            
         underground mines                                                  
         (unpumped), adit                                                   
         discharges.                                                        
        Mine water from       MD                                            
         underground mines                                                  
         (pumped).                                                          
        Seeps/French drains.  MD                    PW--if Process fluids   
                                                     present.               
    Roads constructed of                                                    
     waste rock or spent                                                    
     ore:                                                                   
        Onsite haul roads...  MD                                            
        Offsite haul/access   SW                    (if off Active Area).   
         roads.                                                             
    Roads not constructed of                                                
     waste rock or spent                                                    
     ore:                                                                   
        Onsite haul roads...  SW                    MD--if dust control with
                                                     MD water.              
        Offsite haul/access   SW                                            
         roads.                                                             
    Milling/concentrating:                                                  
        Tailings impoundment/ PW                                            
         pile.                                                              
        Runoff from tailings  MD                    PW--if Process fluids   
         dams/dikes when                             present.               
         constructed of                                                     
         waste rock/tailings.                                               
        Runoff from tailings  SW                    PW--if Process fluids   
         dams/dikes when not                         present.               
         constructed of                                                     
         waste rock/tailings.                                               
        Heap leach pile       PW                                            
         runoff/seepage.                                                    
        Pregnant pond         PW                                            
         (barren and surge                                                  
         ponds also).                                                       
        Polishing pond......  PW                                            
        Concentration         SW                    If storm water only, and
         building.                                   no contact with piles. 
        Concentrate pile      PW                                            
         (product storage).                                                 
        Mill site...........  SW                    Same as concentration   
                                                     bldg.                  
    Ancillary areas:                                                        
        Office/               UC                    Unless mixed with SW    
         administrative                              from industrial area,  
         building and                                then SW.               
         housing.                                                           
        Chemical storage      SW                                            
         area.                                                              
        Docking facility....  SW                    Excessive contact with  
                                                     waste product could    
                                                     constitute MD.         
        Explosive storage...  SW                                            
        Fuel storage (oil     SW                                            
         tanks/coal piles).                                                 
        Vehicle/equipment     SW                                            
         maintenance area/                                                  
         building.                                                          
        Parking areas.......  SW                    UC if only employee and 
                                                     visitor type parking.  
        Power plant.........  SW                                            
        Truck wash area.....  SW                    Excessive contact with  
                                                     waste product could    
                                                     constitute MD.         
    Reclamation-related                                                     
     areas:                                                                 
        Any disturbed area    MD                    SW if inactive area.    
         (unreclaimed).                                                     
        Reclaimed areas       UC                                            
         released from                                                      
         reclamation bonds                                                  
         after Dec. 17 1990.                                                
        Reclaimed areas       SW                                            
         released from                                                      
         reclamation bonds                                                  
         prior to Dec. 17                                                   
         1990.                                                              
        Partially/            SW                                            
         inadequately                                                       
         reclaimed areas or                                                 
         areas not released                                                 
         from reclamation                                                   
         bond.                                                              
    ------------------------------------------------------------------------
    KEY: UC--Unclassified; Not Subject to Storm Water Program or 40 CFR Part
      440 Effluent Limitations Guidelines (ELG); MD--Subject to 40 CFR Part 
      440 ELG for mine drainage; PW--Subject to 40 CFR Part 440 ELG for mill
      discharge or process (including zero discharge ELG); SW--Storm water  
      runoff from these sources are subject to the Storm Water Program, but 
      are not subject to 40 CFR 440 ELG unless mixed with discharges subject
      to the 440 CFR 440 ELG that are not regulated by another permit prior 
      to mixing. Non-storm water discharges from these sources are subject  
      to NPDES permitting and may be subject to the effluent limitation     
      guidelines under 40 CFR 440.                                          
    
        Temporarily inactive (e.g., winter closure, and portions of active 
    mines that are no longer being mined, and where reclamation has not 
    begun) mines will be permitted as an active mine. The following 
    definitions apply to this section and are intended to provide 
    clarification as to what is considered active, inactive, and 
    temporarily inactive:
        The following definitions are only for this section of today's 
    permit and are not intended to supersede the definitions of active and 
    inactive mining facilities established by 40 CFR 122.26(b)(14)(iii):
        ``Active Metal Mining Facility'' is a place where work or other 
    related 
    
    [[Page 50898]]
    activity to the extraction, removal, or recovery of metal ore is being 
    conducted. With respect to surface mines, an ``active metal mining 
    facility'' does not include any area of land on or in which grading has 
    been completed to return the earth to a desired contour and reclamation 
    work has begun.
        ``Inactive Metal Mining Facility'' means a site or portion of a 
    site where metal mining and/or milling activities occurred in the past 
    but is not an active metal mining facility, as defined in this permit 
    and that portion of the facility does not have an active mining permit 
    issued by the applicable (federal or state) government agency that 
    authorizes mining at the site.
        ``Temporarily Inactive Metal Mining Facility'' means a site or 
    portion of a site where metal mining and/or milling activities occurred 
    in the past, but currently are not being actively undertaken, and the 
    facility has an active mining permit issued by the applicable (federal 
    or state) governmental agency that authorizes mining at the site.
        Operators of storm water discharges from mining related industrial 
    activities such as vehicle maintenance, or power plants should refer to 
    the appropriate sections of today's permit for specific guidance or 
    requirements. Clearing, grading, and excavation activity that disturbs 
    5 or more acres during the exploration or preparation for beginning 
    active mining operations cannot be covered by this section. Coverage 
    for this type of pre-mining activity can be covered by EPA's general 
    permit for storm water discharges from construction activities or an 
    applicable State-issued permit. Land disturbance activities associated 
    with the active mining operations such as expansion of existing pits, 
    can be covered by this section.
    5. Storm Water Pollution Prevention Plan Requirements
        All facilities subject to this section must prepare and implement a 
    storm water pollution prevention plan. The establishment of a pollution 
    prevention plan requirement reflects EPA's decision to allow operators 
    of ore mining and dressing facilities to utilize BMPs as the BAT/BCT 
    level of control for the storm water discharges covered by this 
    section. The requirements included in pollution prevention plans 
    provide a flexible framework for the development and implementation of 
    site specific controls to minimize pollutants in storm water 
    discharges. This approach is consistent with the approach used in the 
    baseline general permits finalized on September 9, 1992 (57 FR 41236).
        Pollution prevention can be an effective approach for controlling 
    contaminated storm water discharges from metal mining facilities. 
    Pollution prevention plans allow the operator of a facility to select 
    BMPs based on site-specific considerations such as: facility size; 
    climate; geographic location; hydrogeology; the environmental setting 
    of each facility; and volume and type of discharge generated. This 
    flexibility is necessary because each facility will be unique in that 
    the source, type, and volume of contaminated surface water discharges 
    will differ from site to site. In addition, EPA believes that the 
    adoption of BMPs reduces environmental impacts by minimizing land 
    disturbed areas susceptible to storm water runoff. Early implementation 
    and maintenance of BMPs facilitates ongoing reclamation activities, 
    reducing final reclamation costs associated with site closure. BMPs are 
    also effective at temporarily or permanently inactive mine sites.
        There are two major objectives to a pollution prevention plan: 1) 
    to identify sources of pollution potentially affecting the quality of 
    storm water discharges associated with industrial activity from a 
    facility; and 2) to describe and ensure implementation of practices to 
    minimize and control pollutants in storm water discharges associated 
    with industrial activity from a facility.
        Specific requirements for a pollution prevention plan for ore 
    mining and dressing facilities are described below. These requirements 
    must be implemented in addition to the baseline pollution prevention 
    plan provisions discussed previously.
        a. Active and Temporarily Inactive Metal Mining Facilities.
        (1) Description of Mining Activities. The storm water pollution 
    prevention plan shall provide a narrative description of the mining and 
    associated activities taking place at the site which affect or may 
    affect storm water runoff intended to be covered by this section. The 
    narrative description shall report the total acreage within the mine 
    site, an estimate of the acreage of land currently disturbed, and an 
    estimate of the total acreage that will be disturbed throughout the 
    life of the mine. A general description of the mining site relative to 
    major transportation routes and communities shall also be provided.
        (2) Description of Potential Pollution Sources. Each storm water 
    pollution prevention plan must describe activities, materials, and 
    physical features of the facility that may contribute to storm water 
    runoff or, during periods of dry weather, result in dry weather flows 
    and mine pumpout. This assessment of storm water pollution will support 
    subsequent efforts to identify and set priorities for necessary changes 
    in materials, materials management practices, or site features, as well 
    as aid in the selection of appropriate structural and nonstructural 
    control techniques. In addition to the baseline general requirements 
    storm water pollution prevention plans must describe the following 
    elements:
        (a) Drainage--The plan must contain a map of the site that shows 
    the pattern of storm water drainage, structural features that control 
    pollutants in storm water runoff 54 and process wastewater 
    discharges (including mine drainage), surface water bodies (including 
    wetlands), places where significant materials 55 are exposed to 
    rainfall and runoff, and locations of major spills and leaks that 
    occurred in the 3 years prior to the date of the submission of a Notice 
    of Intent (NOI) to be covered under this permit. The map also must show 
    areas where the following activities take place: fueling, vehicle and 
    equipment maintenance and/or cleaning, loading and unloading, material 
    storage (including tanks or other vessels used for liquid or waste 
    storage), material processing, waste disposal, haul roads, access 
    roads, and rail spurs. The site map must also indicate the outfall 
    locations and the types of discharges contained in the drainage areas 
    of the outfalls (e.g. storm water and air conditioner condensate). In 
    order to increase the readability of the map, the inventory of the 
    types of discharges contained in each outfall may be kept as an 
    attachment to the site map.
    
        \54\ Nonstructural features such as grass swales and vegetative 
    buffer strips also should be shown.
        \55\ Significant materials include, ``* * * but [are] not 
    limited to: raw materials, fuels, materials such as solvents, 
    detergents, and plastic pellets; finished materials such as metallic 
    products; * * * hazardous substances designated under section 
    101(14) of CERCLA; any chemical facilities required to report 
    pursuant to section 313 of title III of SARA; fertilizers; 
    pesticides; and waste products such as ashes, slag, and sludge that 
    have the potential to be released with storm water discharge'' (40 
    CFR 122.26(b)(12)). Significant materials commonly found at mining 
    facilities include: overburden; raw materials; waste rock piles; 
    tailings; petroleum based products; solvents and detergents; heap 
    leach pads; tailings piles/ponds, both proposed and existing; and 
    manufactured products, waste materials or by-products used or 
    created by the facility.
    ---------------------------------------------------------------------------
    
        (b) Inventory of Exposed Materials--Facility operators are required 
    to carefully conduct an inspection of the site and related records to 
    identify significant materials that are or may be exposed to storm 
    water. The inventory 
    
    [[Page 50899]]
    must address materials that within 3 years prior to the date of the 
    submission of a Notice of Intent (NOI) to be covered under this permit 
    have been handled, stored, processed, treated, or disposed of in a 
    manner to allow exposure to storm water. Findings of the inventory must 
    be documented in detail in the pollution prevention plan. At a minimum, 
    the plan must describe the method and location of onsite storage or 
    disposal; practices used to minimize contact of materials with rainfall 
    and runoff; existing structural and nonstructural controls that reduce 
    pollutants in storm water runoff; existing structural controls that 
    limit process wastewater discharges; and any treatment the runoff 
    receives before it is discharged to surface waters or a separate storm 
    sewer system. The description must be updated whenever there is a 
    significant change in the types or amounts of materials, or material 
    management practices, that may affect the exposure of materials to 
    storm water.
        In addition, any existing ore or waste rock/overburden 
    characterization data, including results of testing for acid rock 
    generation potential must be included in the pollution prevention plan. 
    The intent is to get an idea of the pollutants (e.g., heavy metals) 
    that may be present in the ore and waste rock/overburden.
        (3) Measures and Controls. Following completion of the source 
    identification and assessment phase, the permittee must evaluate, 
    select, and describe the pollution prevention measures, best management 
    practices (BMPs), and other controls that will be implemented at the 
    facility. The permittee must assess the applicability of the following 
    BMPs for their site: discharge diversions, drainage/storm water 
    conveyance systems, runoff dispersions, sediment control and collection 
    mechanisms, vegetation/soil stabilization, capping of contaminated 
    sources, and treatment of storm water discharges. In addition, BMPs 
    include processes, procedures, schedules of activities, prohibitions on 
    practices, and other management practices that prevent or reduce the 
    discharge of pollutants in storm water runoff.
        The pollution prevention plan must discuss the reasons each 
    selected control or practice is appropriate for the facility and how 
    each will address the potential sources of storm water pollution. The 
    plan also must include a schedule specifying the time or times during 
    which each control or practice will be implemented. In addition, the 
    plan should discuss ways in which the controls and practices relate to 
    one another and, when taken as a whole, produce an integrated and 
    consistent approach for preventing or controlling potential storm water 
    contamination problems.
        Under the inspection requirements of the pollution prevention plan, 
    operators of active facilities are required to conduct monthly visual 
    inspections of BMPs and designated equipment and mine areas. Owner/
    operators of temporarily inactive mining sites are required to conduct 
    quarterly inspections. If weather conditions make the mine site 
    inaccessible, the quarterly inspection will not be required. Active 
    mining sites have frequent inspection periods because members of the 
    pollution prevention team will be onsite, and the fact that they are 
    active means there is a greater potential for pollution. The 
    inspections shall include: (1) an assessment of the integrity of storm 
    water discharge diversions, conveyance systems, sediment control and 
    collection systems, and containment structures; (2) visual inspections 
    of vegetative BMPs, serrated slopes, and benched slopes to determine if 
    soil erosion has occurred; and (3) visual inspections of material 
    handling and storage areas and other potential sources of pollution for 
    evidence of actual or potential pollutant discharges of contaminated 
    storm water.
        Under the employee training requirements of the pollution 
    prevention plan, facility operators are required to conduct employee 
    training programs at least annually. The intent of this frequency is to 
    provide a reminder to the employees of the requirements of the storm 
    water pollution prevention plan.
        (4) Non-storm Water Discharges. Each pollution prevention plan must 
    include a certification, signed by an authorized individual, that 
    discharges from the site have been tested or evaluated for the presence 
    of non-storm water discharges, including discharges that are subject to 
    40 CFR Part 440. The certification must describe possible significant 
    sources of non-storm water, the results of any test and/or evaluation 
    conducted to detect such discharges, the test method or evaluation 
    criteria used, the dates on which tests or evaluations were performed, 
    and the onsite drainage points directly observed during the test or 
    evaluation. Pollution prevention plans must identify and ensure the 
    implementation of appropriate pollution prevention measures for the 
    non-storm water discharge.
        Under the non-storm water discharge section of the pollution 
    prevention plan, EPA will allow non-storm water discharges that mix 
    with storm water under this section provided that the plan includes a 
    certification that any non-storm water discharge which mixes with storm 
    water is subject to a separate NPDES permit that applies applicable 
    effluent limitations prior to the mixing of non-storm water and storm 
    water. In such cases, the certification shall identify the non-storm 
    water discharge(s), the applicable NPDES permit(s), the effluent 
    limitations placed on the non-storm water discharge by the NPDES 
    permit(s), and the point(s) at which the limitations are applied. In 
    addition, Part III.A.2 of today's permit discusses non-storm water 
    discharges that may be eligible for coverage under the permit.
    
    b. Inactive Metal Mining Facilities
    
        (1) Pollution Prevention Team. The storm water pollution prevention 
    plan must identify specific individual(s) who are responsible for the 
    development, implementation, maintenance, and revision of the pollution 
    prevention plan. The plan shall clearly identify the responsibilities 
    of each team member. The activities and responsibilities of the team 
    shall address all aspects of the storm water pollution prevention plan 
    at the inactive facility. Members of the pollution prevention team do 
    not have to be permanently located at the inactive facility, such as 
    the requirement for any active facility.
        (2) Description of Mining Activities. The storm water pollution 
    prevention plan shall provide a narrative description of the mining and 
    associated activities that took place at the site. The narrative 
    description shall report the approximate dates of operation, total 
    acreage within the mine site and/or processing site, an estimate of the 
    total acreage disturbed, and the activities (reclamation, etc.) that 
    are currently taking place at the facility. A general description of 
    the mining site relative to major transportation routes and communities 
    shall also be provided.
        (3) Description of Potential Pollution Sources. Each storm water 
    pollution prevention plan must describe activities, materials, and 
    physical features of the facility that may contribute to storm water 
    runoff or, during periods of dry weather, result in dry weather flows. 
    This assessment of storm water pollution will support subsequent 
    efforts to identify and set priorities for necessary changes in 
    materials, materials management practices, or site features, as well as 
    aid in the selection of appropriate structural and nonstructural 
    control techniques. In addition to the baseline general requirements 
    storm water pollution prevention plans must describe the following 
    elements: 
    
    [[Page 50900]]
    
        (3) Drainage--The plan must contain a map of the site that shows 
    the pattern of storm water drainage, structural features that control 
    pollutants in storm water runoff 56 and process wastewater 
    discharges (including mine drainage), surface water bodies (including 
    wetlands), places where significant materials 57 are exposed to 
    rainfall and runoff. The map also must show the location of the 
    following: any remaining equipment storage, fueling, and maintenance 
    areas; areas used for outdoor manufacturing, storage, or disposal of 
    materials; the boundaries of former mining and milling sites; the 
    location of each storm water outfall and an outline of the portions of 
    the drainage area that are within the facility boundaries; tailings 
    piles and ponds; mine drainage or any other process water discharge 
    point; and an estimate of the direction of flow. In addition, the site 
    map must also indicate the types of discharges contained in the 
    drainage areas of the outfalls (e.g., storm water and air conditioner 
    condensate). In order to increase the readability of the map, the 
    inventory of the types of discharges contained in each outfall may be 
    kept as an attachment to the site map.
    
        \56\ Nonstructural features such as grass swales and vegetative 
    buffer strips also should be shown.
        \57\ Significant materials include, ``* * * but [are] not 
    limited to: raw materials, fuels, materials such as solvents, 
    detergents, and plastic pellets; finished materials such as metallic 
    products; * * * hazardous substances designated under section 
    101(14) of CERCLA; any chemical facilities required to report 
    pursuant to section 313 of title III of SARA; fertilizers; 
    pesticides; and waste products such as ashes, slag, and sludge that 
    have the potential to be released with storm water discharge'' (40 
    CFR 122.26(b)(12)). Significant materials commonly found at mining 
    facilities include: overburden; raw materials; waste rock piles; 
    tailings; petroleum based products; solvents and detergents; heap 
    leach pads; tailings piles/ponds, both proposed and existing; and 
    manufactured products, waste materials or by-products used or 
    created by the facility.
    ---------------------------------------------------------------------------
    
        (b) Inventory of Exposed Materials--The storm water pollution 
    prevention plan shall include, for each outfall, an inventory and 
    narrative description of any significant materials that may still be at 
    the site. The description and locations of the significant materials 
    should be consistent with those shown on the site map. Findings of the 
    inventory must be documented in detail in the pollution prevention 
    plan. At a minimum, the plan must describe the method and location of 
    onsite storage or disposal; practices used to minimize contact of 
    materials with rainfall and runoff; existing structural and 
    nonstructural controls that reduce pollutants in storm water runoff; 
    existing structural controls that limit process wastewater discharges; 
    and any treatment the runoff receives before it is discharged to 
    surface waters or a separate storm sewer system.
        (c) Risk Identification and Summary of Potential Pollutant 
    Sources--The description of potential pollution sources culminates in a 
    narrative assessment of the risk potential that sources of pollution 
    pose to storm water quality. This assessment should clearly point to 
    activities, materials, and physical features of the facility that have 
    a reasonable potential to contribute significant amounts of pollutants 
    to storm water. The assessment must list any significant pollution 
    sources at the site and identify the pollutant parameter or parameters 
    (i.e., total suspended solids, arsenic, etc.) associated with each 
    source.
        (4) Measures and Controls. Following completion of the source 
    identification and assessment phase, the permittee must evaluate, 
    select, and describe the pollution prevention measures, best management 
    practices (BMPs), and other controls that will be implemented at the 
    facility. The permittee must assess the applicability of the following 
    BMPs for their site: discharge diversions, drainage/storm water 
    conveyance systems, runoff dispersions, sediment control and collection 
    mechanisms, vegetation/soil stabilization, capping of contaminated 
    sources, and treatment of storm water discharges. In addition, BMPs 
    include processes, procedures, schedules of activities, prohibitions on 
    practices, and other management practices that prevent or reduce the 
    discharge of pollutants in storm water runoff. EPA recognizes that 
    inactive mine sites and abandoned mine sites will most likely require 
    different storm water controls because the sources and types of 
    contamination may vary. EPA notes that inactive facilities are not 
    required to conduct inspections such as those described in Part 
    XI.G.3.a.(4)(d) of the permit for active and temporarily inactive 
    facilities. Inactive sites must, however, conduct comprehensive site 
    compliance evaluations as discussed in paragraph (5) below.
        The pollution prevention plan must discuss the reasons each 
    selected control or practice is appropriate for the facility and how 
    each will address the potential sources of storm water pollution. The 
    plan also must include a schedule specifying the time or times during 
    which each control or practice will be implemented. In addition, the 
    plan should discuss ways in which the controls and practices relate to 
    one another and, when taken as a whole, produce an integrated and 
    consistent approach for preventing or controlling potential storm water 
    contamination problems.
        (5) Comprehensive Site Compliance Evaluation. Where annual site 
    compliance evaluations are shown in the plan to be impractical for 
    inactive mining sites due to the remote location and inaccessibility of 
    the site, site evaluations required under this part shall be conducted 
    at appropriate intervals specified in the plan, but, in no case less 
    than once in 3 years.
    6. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. EPA believes that active 
    copper ore mining facilities may reduce the level of pollutants in 
    storm water runoff from their sites through the development and proper 
    implementation of the storm water pollution prevention plan 
    requirements discussed in today's permit. In order to provide a tool 
    for evaluating the effectiveness of the pollution prevention plan and 
    to characterize the discharge for potential environmental impacts, the 
    permit requires active copper ore mining and dressing facilities to 
    collect and analyze samples of their storm water discharges for the 
    pollutants listed in Table G-5. The pollutants listed in Table G-5 were 
    found to be above levels of concern for a significant portion of active 
    copper ore mining and dressing facilities that submitted quantitative 
    data in the group application process. Because these pollutants have 
    been reported at levels of concern from active copper ore mining and 
    dressing facilities, EPA is requiring monitoring after the pollution 
    prevention plan has been implemented to assess the effectiveness of the 
    pollution prevention plan and to help ensure that a reduction of 
    pollutants is realized.
        At a minimum, storm water discharges from active metal mining 
    facilities must be monitored quarterly during the second year of permit 
    coverage. Samples must be collected at least once in each of the 
    following periods: January through March; April through June; July 
    through September; and October through December. At the end of the 
    second year of permit coverage, a facility must calculate the average 
    concentration for each parameter listed in Table G-5. If the permittee 
    collects more than four samples in this period, then they must 
    calculate an average concentration for each pollutant of concern for 
    all samples analyzed.
    
                                                                            
    
    [[Page 50901]]
                  Table G-5.--Industry Monitoring Requirements              
    ------------------------------------------------------------------------
                                                               Cut-off      
                   Pollutants of concern                    concentration   
    ------------------------------------------------------------------------
    Chemical Oxygen Demand (COD)......................  120 mg/L            
    Total Suspended Solids (TSS)......................  100 mg/L            
    Nitrate plus Nitrite Nitrogen.....................  0.68 mg/L           
    ------------------------------------------------------------------------
    
    
    
        If the average concentration for a parameter is less than or equal 
    to the value listed in Table G-5, then the permittee is not required to 
    conduct quantitative analysis for that parameter during the fourth year 
    of the permit. If, however, the average concentration for a parameter 
    is greater than the cut-off concentration listed in Table G-5, then the 
    permittee is required to conduct quarterly monitoring for that 
    parameter during the fourth year of permit coverage. Monitoring is not 
    required during the first, third, and fifth year of the permit. The 
    exclusion from monitoring in the fourth year of the permit is 
    conditional on the facility maintaining industrial operations and BMPs 
    that will ensure a quality of storm water discharges consistent with 
    the average concentrations recorded during the second year of the 
    permit.
    
                       Table G-6.--Schedule of Monitoring                   
                                                                            
                                                                            
    2nd Year of Permit          Conduct quarterly monitoring.       
     Coverage.                                                              
                                Calculate the average concentration 
                                for all parameters analyzed during this     
                                period.                                     
                                If average concentration is greater 
                                than the value listed in Table G-5, then    
                                quarterly sampling is required during the   
                                fourth year of the permit.                  
                                If average concentration is less    
                                than or equal to the value listed in Table G-
                                5, then no further sampling is required for 
                                that parameter.                             
     4th Year of Permit         Conduct quarterly monitoring for any
     Coverage..                 parameter where the average concentration in
                                year 2 of the permit is greater than the    
                                value listed in Table G-5.                  
                                If industrial activities or the     
                                pollution prevention plan have been altered 
                                such that storm water discharges may be     
                                adversely affected, quarterly monitoring is 
                                required for all parameters of concern.     
    
        In cases where the average concentration of a parameter exceeds the 
    cut-off concentration, EPA expects permittees to place special emphasis 
    on methods for reducing the presence of those parameters in storm water 
    discharges. Quarterly monitoring in the fourth year of the permit will 
    reassess the effectiveness of the adjusted pollution prevention plan.
        The monitoring cut off concentrations listed in Table G-5 are not 
    numerical effluent limitations. These values represent a level of 
    pollutant discharge which facilities may achieve through the 
    implementation of pollution prevention plans. At least half of the 
    facilities which submitted Part 2 data, reported concentrations greater 
    than or equal to the values listed in Table G-5. Facilities that 
    achieve average discharge concentrations which are less than or equal 
    to the values in Table G-5 are not relieved from the pollution 
    prevention plan requirements or any other requirements of the permit.
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly chemical sampling.
        b. Alternative Certification. Throughout today's permit, EPA has 
    included monitoring requirements for facilities which the Agency 
    believes have the potential for contributing significant levels of 
    pollutants to storm water discharges. The alternative described below 
    is necessary to ensure that monitoring requirements are only imposed on 
    those facilities that do, in fact, have storm water discharges 
    containing pollutants at concentrations of concern. EPA has determined 
    that if materials and activities are not exposed to storm water at the 
    site, then the potential for pollutants to contaminate storm water 
    discharges does not warrant monitoring.
        Therefore, a discharger is not subject to the monitoring 
    requirements of this Part provided the discharger makes a certification 
    for a given outfall, or on a pollutant-by-pollutant basis in lieu of 
    the monitoring reports required under paragraph c below, under penalty 
    of law, signed in accordance with Part VII.G. of the permit (Signatory 
    Requirements), that material handling equipment or activities, raw 
    materials, intermediate products, final products, waste materials, by-
    products, industrial machinery or operations, significant materials 
    from past industrial activity, that are located in areas of the 
    facility that are within the drainage area of the outfall are not 
    presently exposed to storm water and will not be exposed to storm water 
    for the certification period. Such certification must be retained in 
    the storm water pollution prevention plan and submitted to EPA in 
    accordance with Part VI.C. of this permit. In the case of certifying 
    that a pollutant is not present, the permittee must submit the 
    certification along with the monitoring reports required under 
    paragraph (b) below. If the permittee cannot certify for an entire 
    period, they must submit the date exposure was eliminated and any 
    monitoring required up until that date. This certification option is 
    not applicable to compliance monitoring requirements associated with 
    effluent limitations. EPA does not expect facilities to be able to 
    exercise this certification for indicator parameters, such as TSS and 
    BOD.
        c. Reporting Requirements. Permittees are required to submit all 
    monitoring results obtained during the second and fourth year of permit 
    coverage within 3 months of the conclusion of each year. For each 
    outfall, one signed Discharge Monitoring Report form must be submitted 
    to the Director per storm event sampled. For facilities conducting 
    monitoring beyond the minimum quarterly requirements an additional 
    Discharge Monitoring Report Form must be filed for each analysis.
        d. Sample Type. All discharge data shall be reported for grab 
    samples. All such samples shall be collected from the discharge 
    resulting from a storm event that is greater than 0.1 inches in 
    magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. The required 
    72-hour storm event interval is waived where the preceding 
    
    [[Page 50902]]
    measurable storm event did not result in a measurable discharge from 
    the facility. The required 72-hour storm event interval may also be 
    waived where the permittee documents that less than a 72-hour interval 
    is representative for local storm events during the season when 
    sampling is being conducted. The grab sample shall be taken during the 
    first 30 minutes of the discharge. If the collection of a grab sample 
    during the first 30 minutes is impracticable, a grab sample can be 
    taken during the first hour of the discharge, and the discharger shall 
    submit with the monitoring report a description of why a grab sample 
    during the first 30 minutes was impracticable.
        If storm water discharges associated with industrial activity 
    commingle with process or nonprocess water, then where practicable 
    permittees must attempt to sample the storm water discharge before it 
    mixes with the non-storm water discharge.
        e. Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one such outfall and report that the quantitative data also 
    applies to the substantially identical outfall(s) provided that the 
    permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluent. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        F. Visual Examination of Storm Water Quality. Metal mining 
    facilities shall perform and document a visual examination of a storm 
    water discharge associated with industrial activity from each outfall, 
    except discharges exempted below. The examination of storm water 
    quality must be conducted at least once in each of the following 3-
    month periods: January through March, April through June, July through 
    September, and October through December. The examination shall be made 
    during daylight hours unless there is insufficient rainfall or snow 
    melt to produce a runoff event.
        (1) Examinations shall be made of grab samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    1 hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual should carry out the collection and 
    examination of discharges for entire permit term.
        (2) Visual examination reports must be maintained onsite in the 
    storm water pollution prevention plan. The report shall include the 
    examination date and time, examination personnel, the nature of the 
    discharge (i.e., runoff or snow melt), visual quality of the storm 
    water discharge (including observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution), and probable 
    sources of any observed storm water contamination.
        (3) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfall(s) provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (4) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examinations. Adverse weather conditions that may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (5) EPA realizes that if a facility is inactive and unstaffed it 
    may be difficult to collect storm water discharge samples when a 
    qualifying event occurs. Today's final permit has been revised so that 
    inactive, unstaffed facilities can exercise a waiver of the requirement 
    to conduct quarterly visual examination.
        EPA believes that this quick and simple assessment will allow the 
    permittee to approximate the effectiveness of his/her plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the chemical properties of the storm water discharged from the 
    site, the examination will provide meaningful results upon which the 
    facility may act quickly. The frequency of this visual examination will 
    also allow for timely adjustments to be made to the plan. If BMPs are 
    performing ineffectively, corrective action must be implemented. A set 
    of tracking or follow-up procedures must be used to ensure that 
    appropriate actions are taken in response to the examinations. The 
    visual examination is intended to be performed by members of the 
    pollution prevention team. This hands-on examination will enhance the 
    staff's understanding of the storm water problems on that site and the 
    effects of the management practices that are included in the plan.
    7. Numeric Effluent Limitations.
        There are no numeric effluent limitations beyond those described in 
    Part VI.B. of this permit.
    
    H. Storm Water Discharges Associated With Industrial Activity From Coal 
    Mines and Coal Mining-Related Facilities
    
    1. Discharges Covered Under This Section
        On November 16, 1990 (55 FR 47990), EPA promulgated the regulatory 
    definition of ``storm water associated with industrial activity.'' This 
    definition includes point source discharges of storm water from eleven 
    major categories of facilities, including: ``* * * (iii) facilities 
    classified as Standard Industrial Classification (SIC) codes 10 through 
    14 including active or 
    
    [[Page 50903]]
    inactive mining operations (except for areas of coal mining operations 
    no longer meeting the definition of a reclamation area under 40 CFR 
    434.11(l) because the performance bond issued to the facility by the 
    appropriate SMCRA authority has been released, or except for areas of 
    noncoal mining operations which have been released from applicable 
    State or Federal reclamation requirements after December 17, 1990) and 
    oil and gas exploration, production, processing, or treatment 
    operations, or storm water contaminated by contact with any overburden, 
    raw material, intermediate products, finished products, by-products or 
    waste products located on the site of such operations.''
        This section only covers storm water discharges associated with 
    industrial activities from inactive 58 coal mines and from access 
    roads, haul roads, and rail lines at active coal mines. Coal mines and 
    coal mining-related facilities subject to requirements under this 
    section include the following types of operations: bituminous coal and 
    lignite surface mining (SIC 1221); bituminous coal underground mining 
    (SIC 1222); anthracite mining (SIC 1231); and coal mining services (SIC 
    1241).
    
        \58\ Inactive mining operations are mining sites that are not 
    being actively mined, but which have an identifiable owner/operator.
    ---------------------------------------------------------------------------
    
        Storm water discharges authorized by this section include storm 
    water discharges at inactive coal mines where precipitation and storm 
    water runon come into contact with significant materials including, but 
    not limited to, raw materials, waste products, and by-products, 
    overburden, and stored materials. This section also authorizes storm 
    water discharges from haul roads, access roads, and rail lines used or 
    traveled by carriers of raw materials, manufactured products, waste 
    materials, or by-products created by active coal mining facilities. The 
    following activities are covered under this section:
    
    Haul Roads--Nonpublic roads on which coal or coal refuse is conveyed
    Access Roads--Nonpublic roads providing light vehicular traffic within 
    the facility property and to public roadways
    Railroad Spurs, Sidings, and Internal Haulage Lines--Rail lines used 
    for hauling coal within the facility property and to offsite commercial 
    railroad lines or loading areas
    Conveyor Belts, Chutes, and Aerial Tramway Haulage Areas--Areas under 
    and around coal or refuse conveyor areas, including transfer stations
    Equipment Storage and Maintenance Yards
    Coal Handling Buildings and Structures
    
        Inactive Coal Mines and Related Areas--Abandoned and other inactive 
    mines, refuse disposal sites and other mining-related areas. This 
    includes abandoned mine sites being reclaimed under Title IV of the 
    Surface Mining Control and Reclamation Act. Not covered by this section 
    are discharges from sites, or parts of sites, which are determined to 
    cause or contribute to water quality standards violations.
        This section does not cover any discharge subject to effluent 
    limitation guidelines. Discharges from active facilities and those 
    under reclamation are subject to NPDES permits and require treatment to 
    meet specific effluent guideline limits as specified in 40 CFR Part 434 
    for pH, iron, manganese, suspended solids, and settleable solids. Storm 
    water that does not come into contact with any overburden, raw 
    material, intermediate product, finished product, byproduct, or waste 
    product located on the site of the operation are not subject to 
    permitting under this section according to Section 402(l)(2) of the 
    Clean Water Act.
        This section also does not cover storm water discharges associated 
    with industrial activity from inactive coal mines located on Federal 
    lands, unless an operator can be identified. These discharges are not 
    eligible because they are more appropriately covered under an NPDES 
    permit currently being developed.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        Coal is a black, primarily organic substance formed from compressed 
    layers of decaying organic matter millions of years ago.59 Factors 
    such as the fixed carbon content, volatile matter fraction, and heating 
    value, determine whether coal is classified as lignite, sub-bituminous, 
    bituminous, or anthracite. The coal mining and related facilities 
    industry extracts and processes coal. There are two methods of coal 
    mining: surface mining and underground mining. Surface mining is a 
    method utilized when the coal is close to the earth's surface and it is 
    economically viable to remove and store the overburden, which can later 
    be used for reclamation. Underground mining occurs when coal is too 
    deep to be surface mined or environmental restrictions prohibit surface 
    mining.
    
        \59\ ``Development Document for Final Effluent Limitations 
    Guideline, New Source Performance Standards, and Pretreatment 
    Standards for the Coal Mining Point Source Category.'' EPA. 1982.
    ---------------------------------------------------------------------------
    
        Coal preparation activities increase the value of coal by removing 
    impurities through size reduction, screening, gravity separation, 
    dewatering, and drying. After this step, coal is ready to be shipped 
    for further processing. The impurities, including shales, clays, low 
    reject coal, and possibly some acidic materials, are then conveyed to 
    refuse disposal facilities.
        These mining methods and coal preparation activities occur during 
    the active phase of mining and are not authorized by this section nor 
    are they included in the storm water regulation. Most areas at active 
    mine sites are covered by the Surface Mining Control and Reclamation 
    Act (SMCRA). Discharges from these areas are considered process 
    wastewaters and are covered under a separate NPDES permit. Today's 
    permit only addresses storm water discharges from coal mines and 
    related areas that are not already subject to effluent limitation 
    guidelines under 40 CFR Part 434. Storm water discharges not subject to 
    the effluent limitation guidelines may include discharges from the 
    following areas:
        a. Access Roads, Haul Roads, and Rail Lines. Access roads, haul 
    roads, and rail lines are used for the transportation of coal, refuse 
    (waste materials, old equipment, etc.), and overburden away from the 
    mine workings. To build access and haul roads, common land disturbing 
    activities such as vegetation clearing and soil grading are necessary. 
    Refuse coal and overburden may be used as a road base material. Road 
    building activities increase the potential for the offsite discharge of 
    sediment in storm water runoff. In addition, coal, overburden, and 
    refuse materials may be spilled during loading and unloading operations 
    and during the transport of such materials along access roads, haul 
    roads, and rail spurs.
        b. Inactive Mine Sites. Although industrial processes have ended at 
    inactive mine sites, the significant materials associated with those 
    
    [[Page 50904]]
    industrial processes may remain at the site and contaminate storm water 
    discharges. The areas at inactive surface or underground coal mines 
    which are included in the storm water regulation include former 
    locations of: conveyor belts, chutes, and aerial tramways; equipment 
    storage and maintenance yards; coal preparation plants; and coal 
    handling buildings and storage areas.
        Inactive mine sites are regulated because significant materials 
    remain onsite. The significant materials include, but are not limited 
    to: coal piles, including coal refuse piles; used and old equipment, 
    including boneyards; overburden; waste disposal sites; and waste 
    materials. In addition, in certain areas where machinery has been 
    intensively used or abandoned, waste lubricating fluids, solvents, and 
    contaminated soils may be present. These materials are typically 
    present outdoors and are exposed to storm water discharges.
    2. Pollutants Found in Storm Water Discharges
        Impacts caused by storm water discharges from active haul roads, 
    access roads and rail lines and inactive coal mine and coal mining-
    related facilities will vary. Several factors influence to what extent 
    significant materials from coal mines and coal mining-related 
    facilities may affect water quality. Such factors include: geographic 
    location; hydrogeology; the type of coal extracted; the mineralogy of 
    the extracted resource and the surrounding rock; how the coal was 
    extracted; the type of industrial activities occurring onsite; the size 
    of the operation; and type, duration, and intensity of precipitation 
    events. Each of these, and other, factors will interact to influence 
    the quantity and quality of storm water runoff. For example, overburden 
    may be a significant source of pollutants at some facilities, while 
    storage areas are a primary source at others. In addition, sources of 
    pollutants other than storm water, such as illicit connections,60 
    spills, and other improperly dumped materials, may increase the 
    pollutant loads discharged into waters of the United States.
    
        \60\ Illicit connections are contributions of unpermitted non-
    storm water discharges to storm sewers from any number of sources 
    including sanitary sewers, industrial facilities, commercial 
    establishments, or residential dwellings. The probability of illicit 
    connections at coal mines and coal mining related facilities is low 
    yet it still may be applicable at some operations.
    ---------------------------------------------------------------------------
    
        Storm water discharges from haul roads of active sites and inactive 
    mine sites may include many of the pollutants common to active coal 
    mining operations. These pollutants may include acids, suspended 
    solids, dissolved solids, iron, manganese, and traces of other metals. 
    Table H-1 indicates the pollutant sources and pollutants for a number 
    of industrial activities for coal mines authorized by this section.
        Another problem at coal mines is acid mine drainage. In general, 
    the problems of acid mine drainage are confined to western Maryland, 
    northern West Virginia, Pennsylvania, western Kentucky, and along the 
    Illinois-Indiana border. Acid mine drainage is not a problem in the 
    West because the coals and overburden contain little pyrite, the 
    precursor for acid mine drainage, and because of low annual 
    precipitation.
    
            Table H-1.--Activities, Pollutant sources, and Pollutants       
    ------------------------------------------------------------------------
          Activity            Pollutant source              Pollutant       
    ------------------------------------------------------------------------
    Road and Rail         Surface grading and       Dust, TSS, TDS,         
     Construction and      exposure of soils.        turbidity, pH.         
     Maintenance--Active                                                    
     Sites.                                                                 
    Raw or Waste          Material spills.........  Dust, TSS, TDS,         
     Material                                        turbidity, pH,         
     Transportation.                                 sulfates, iron.        
    Location of Mining    Raw Material Storage....  Dust, TSS, TDS,         
     and Processing                                  turbidity, pH sulfates,
     Activities at                                   iron.                  
     Inactive Coal Mines.                                                   
                          Waste Rock Storage......  Dust, TSS, TDS,         
                                                     turbidity, sulfates,   
                                                     iron, pH.              
                          Disposal Areas..........  Dust, TSS, TDS,         
                                                     turbidity, pH, oil &   
                                                     grease.                
                          Surface and Underground   Dust, TSS, TDS,         
                           Mines.                    turbidity, pH,         
                                                     sulfates, iron.        
                          Materials Handling and    Dust, TSS, TDS,         
                           Loading/Unloading.        turbidity, pH,         
                                                     sulfates, iron.        
    Equipment/Vehicle     Fueling Activities......  Diesel fuel, gasoline,  
     Maintenance.                                    oil, COD.              
                          Parts Cleaning..........  Solvents, oil, heavy    
                                                     metals, acid/alkaline  
                                                     wastes.                
                          Waste disposal of oily    Oil, heavy metals,      
                           rags, oil and gas         solvents, acids, COD.  
                           filters, batteries,                              
                           coolants, degreasers.                            
    Reclamation           Site preparation for      Dust, TSS, TDS,         
     Activities.           stabilization.            turbidity.             
    ------------------------------------------------------------------------
    
        Based on the similarities of the facilities included in this sector 
    in terms of industrial activities and significant materials, EPA 
    believes it is appropriate to discuss the potential pollutants at coal 
    mining facilities as a whole and not subdivide this sector. Therefore, 
    Table H-2 lists data for selected parameters from facilities in the 
    coal mining sector. These data include the eight pollutants that all 
    facilities were required to monitor for under Form 2F, as well as the 
    pollutants that EPA determined merit further monitoring.
    
                           Table H-2.--Statistics for Selected Pollutants Reported by Coal Mines and Coal Mining-Related Facilities Submitting Part II Sampling Data i (mg/L)                       
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                          No. of        No. of Samples          Mean               Minimum             Maximum              Median          95th percentile       99th percentile   
                                        Facilities    ----------------------------------------------------------------------------------------------------------------------------------------------
          PollutantSample type      ------------------                                                                                                                                              
                                       Grab   Comp ii    Grab     Comp     Grab      Comp      Grab      Comp       Grab      Comp      Grab      Comp       Grab      Comp       Grab        Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5...........................       16        7       19        8      3.1       3.5       0.0       0.0        9.0      17.4       3.0       1.0       15.0      14.4        33.1       33.9 
    COD............................       21       11       25       12     22.9      18.8       0.0       0.0      275.0     115.0       0.0       4.0      102.0      86.9       237.5      184.6 
    Nitrate + Nitrite Nitrogen.....       17       10       20       10      0.38      0.68      0.00      0.00       3.12      3.12      0.00      0.17       1.85      3.55        3.45       8.60
    Total Kjeldahl Nitrogen........       18       11       21       12      1.55      1.78      0.00      0.00       5.20      7.40      0.66      0.39      10.33     10.25       32.01      31.31
    Oil & Grease...................       27      N/A       31      N/A      1.7     N/A         0.0     N/A         13.9     N/A         1.0     N/A          6.5     N/A          13.6      N/A   
    pH.............................       29      N/A       33      N/A    N/A       N/A         5.9     N/A          8.9     N/A         7.0     N/A          8.6     N/A           9.3      N/A   
    Total Phosphorus...............       18        9       20        9      0.36      0.08      0.00      0.00       5.90      0.58      0.00      0.00       1.40      0.61        5.00       1.37
    
    [[Page 50905]]
                                                                                                                                                                                                    
    Total Suspended Solids.........       18       11       22       12   2551       462         0         2      33420      3880         7       131       3167      3011       23454      13634   
    Aluminum, Total................        7        4        9        6     87.38      8.28      0.00      0.10     517.58     38.84      5.72      2.33     898.16     54.11     6089.45     198.54
    Iron, Total....................       11        9       13       10    193.9      53.3       0.6       1.1      930.0     294.0       9.2      11.0     1639.1     284.0      9593.9      981.7 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
        Storm water discharges from inactive and abandoned coal mines, 
    preparation, refuse disposal sites, haul roads and other inactive 
    mining-related areas may contain substantial amounts of pollutants 
    without the benefits of sediment and erosion control measures. Sampling 
    data in the EPA 1982 ``Development Document for Effluent Guidelines and 
    Standards for Coal Mining'' reveal typical ranges for untreated mine 
    drainage and are indicated in Table H-3. The data are based on 
    untreated surface and underground drainage and may not be typical of 
    inactive sites subject only to storm water runoff. For example, a high 
    proportion of underground mines in the survey may have resulted in the 
    relatively low median levels of suspended solids. However, it does 
    indicate the potential array of conventional mining pollutants which 
    could be present in abandoned mine drainage.
    3. Options for Controlling Pollutants
        Mining facilities are often dissimilar to other types of industrial 
    facilities because they may be situated in remote locations, operate 
    only seasonally or intermittently, yet need year-round storm water 
    management controls. EPA believes that the most effective storm water 
    management controls for limiting the offsite discharge of storm water 
    pollutants from active and inactive coal mines are source reduction 
    BMPs. Source reduction BMPs are methods by which discharges of 
    contaminants are controlled with little or no required maintenance. 
    Examples of these types of controls include diversion dikes, vegetative 
    covers, and berms. Source reduction practices are typically (but not 
    always) low in cost and relatively easy to implement. In some 
    instances, more resource intensive treatment BMPs, including 
    sedimentation ponds and infiltration trenches, may be necessary 
    depending upon the type of discharge, types and concentrations of 
    contaminants, and volume of flow.
        The selection of the most effective BMPs will be based on site-
    specific considerations such as: facility size, climate, geographic 
    location, hydrogeology and the environmental setting of each facility, 
    and volume and type of discharge generated. Each facility will be 
    unique in that the source, type, and volume of contaminated storm water 
    discharges will differ. In addition, the fate and transport of 
    pollutants in these discharges will vary. EPA believes that the 
    management practices discussed herein are well suited mechanisms to 
    prevent or control the contamination of storm water discharges 
    associated with active and inactive coal mines.
        BMPs that minimize erosion and sedimentation are effective for 
    areas along haul and access roads, and for inactive mines. Many BMPs 
    were not listed by part 1 group application participants because the 
    major application submitted by the National Coal Association and the 
    American Mining Congress was comprised of only active mine sites. The 
    only portions of an active mine site to which this section of today's 
    permit applies are haul roads, railways, and conveyor belts, chutes, 
    and aerial tramway haulage areas. Because the scope of storm water 
    program, as it applies to active coal mining sites, is limited, the 
    applicants were not required to provide EPA with BMP data for process 
    wastewater discharges. Furthermore, active surface mines are subject to 
    30 CFR Part 816 and active underground mines are subject to 30 CFR Part 
    817, both which require the implementation of BMPs.
        Since many coal facilities are required to have BMPs, the data 
    presented in part 1 of the application may underestimate the percentage 
    of facilities with storm water BMPs.
        Because BMPs described in the part I data are limited, EPA is 
    providing an overview of supplementary BMPs for use by facility 
    operators to determine appropriate BMPs for haul and access roads at 
    active coal mines and for inactive coal mines. However, due to the 
    site-specific nature of facilities within this sector, BMPs cited do 
    not preclude the use of other viable BMP options. Table H-3 summarizes 
    BMP options as they apply to land disturbance activities at active and 
    inactive coal mining facilities. Sources of BMP information include: 
    ``Sediment and Erosion Control: An Inventory of Current Practices--
    Draft,'' EPA, April 20, 1990; ``Storm Water Management for Industrial 
    Activities: Developing Pollution Prevention Plans and Best Management 
    Practices,'' EPA, September, 1992, (EPA 832-R-92-006); ``Best 
    Management Practices for Mining in Idaho,'' Idaho Department of Lands, 
    November 1992; and ``Erosion & Sediment Control Handbook,'' Goldman et 
    al., McGraw-Hill Book Company, 1986.
    
                                           Table H-3.--Summary of Mine Areas and Applicable Best Management Practices                                       
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             Sediment control &                                             
     Land-disturbed area  Discharge diversions   Conveyance systems     Runoff dispersion        collection            Vegetation            Containment    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    Haul Roads and        Dikes, Curbs, Berms.  Channels, Gutters,    Check Dams, Rock      Gabions, Riprap,      Seeding, Willow                           
     Access Roads.                               Culverts, Rolling     Outlet Protection,    Native Rock           Cutting                                  
                                                 Dips, Road Sloping,   Level Spreaders,      Retaining Walls,      Establishment .                          
                                                 Roadway Water         Stream Alteration,    Straw Bale                                                     
                                                 Deflectors.           Drop Structures.      Barriers, Sediment                                             
                                                                                             Traps/Catch Basins,                                            
                                                                                             Vegetated Buffer                                               
                                                                                             Strips.                                                        
    
    [[Page 50906]]
                                                                                                                                                            
    Pits/Quarries or      Dikes, Curbs, Berms.  Channels, Gutters...  Serrated Slopes,      Sediment Settling     Seeding.............  Plugging and        
     Underground Mines.                                                Benched Slopes,       Ponds, Straw Bale                           Grouting.          
                                                                       Contouring, Stream    Barrier, Siltation                                             
                                                                       Alteration.           Berms.                                                         
    Overburden, Waste     Dikes, Curbs, Berms.  Channels, Gutters...  Serrated Slopes,      Plastic Matting,      Topsoiling, Seedbed   Capping.            
     Rock and Raw                                                      Benched Slopes,       Plastic Netting,      Preparation,                             
     Material Piles.                                                   Contouring, Stream    Erosion Control       Seeding.                                 
                                                                       Alteration.           Blankets, Mulch-                                               
                                                                                             straw, Compaction,                                             
                                                                                             Sediment/Settling                                              
                                                                                             Ponds, Silt Fences,                                            
                                                                                             Siltation Berms.                                               
    Reclamation.........  Dikes, Curbs, Berms.  Channels, Gutters...  Check Dams, Rock      Gabions, Riprap, and  Topsoiling, Seedbed   Capping, Plugging   
                                                                       Outlet Protection,    Native Rock           Preparation,          and Grouting.      
                                                                       Level Spreaders,      Retaining Walls,      Seeding, Willow                          
                                                                       Serrated Slopes,      Biotechnical          Cutting                                  
                                                                       Benched Slopes,       Stabilization,        Establishment.                           
                                                                       Contouring, Drain     Straw Bale                                                     
                                                                       Fields, Stream        Barriers, Sediment                                             
                                                                       Alteration, Drop      Traps/Catch Basins,                                            
                                                                       Structures.           Vegetative Buffer                                              
                                                                                             Strips, Silt                                                   
                                                                                             Fences, Siltation                                              
                                                                                             Berms, Brush                                                   
                                                                                             Sediment Barriers.                                             
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
        Haul Roads and Access Roads--Placement of haul roads or access 
    roads should occur as far as possible from natural drainage areas, 
    lakes, ponds, wetlands or floodplains where soil will naturally be less 
    stable for heavy vehicle traffic. If a haul road must be constructed 
    near water, as little vegetation as possible should be removed from 
    between the road and the waterway, as vegetation is a useful buffer 
    against erosion and is an efficient sediment collection mechanism. The 
    width and grade of haul or access roads should be minimal and should be 
    designed to match natural contours of the area. Construction of haul 
    roads should be supplemented by BMPs that divert runoff from road 
    surfaces, minimize erosion, and direct flow to appropriate channels for 
    discharge to treatment areas. Existing haul roads and nearby ditches, 
    without BMPs, can be altered or modified to accommodate the 
    construction of BMPs.
        Surface Mines--BMPs can be used to control total suspended solids 
    levels in runoff from unvegetated areas. These can include sediment/
    settling ponds, check dams, silt fences, and straw bale barriers.
        Overburden, Waste Rock, and Raw Material Piles--Overburden, 
    topsoil, and waste rock should be stabilized, recontoured if necessary, 
    and vegetated. In addition surface waters and other sources of water 
    should be diverted around the piles. As many piles as possible should 
    be revegetated (even if only on a temporary basis).
        Reclamation Activities--When a coal seam is depleted and operations 
    cease, a mine site must be reclaimed according to appropriate State or 
    Federal standards. Closure activities typically include restabilization 
    of any disturbed areas such as access or haul roads, pits or quarries, 
    sedimentation ponds or work-out pits, and any remaining waste piles. 
    Overburden and topsoil stockpiles may be used to fill in a pit or 
    quarry (where practical.) Recontouring and vegetation should be 
    performed to stabilize soils and prevent erosion.
        Major reclamation activities such as recontouring roads and filling 
    in a pit or quarry can only be performed after operations have ceased. 
    However, reclamation activities such as stabilization of banks, and 
    reseeding and revegetation should be implemented in mined out portions, 
    or inactive areas of a site as active mining moves to new areas.
        The following seven categories describe best management practice 
    options for reducing pollutants in storm water discharges from haul and 
    access roads for active coal mines and for inactive mines: discharge 
    diversions; drainage/storm water conveyance systems; runoff dispersion; 
    sediment control and collection; vegetation/soil stabilization; capping 
    of contaminated sources; and treatment.
        a. Discharge Diversions. Discharge diversions provide the first 
    line of defense in preventing the contamination of discharges, and 
    subsequent contamination of receiving waters of the United States. 
    Discharge diversions are temporary or permanent structures installed to 
    divert flow, store flow, or limit storm water runon and runoff.
        These diversion practices have several objectives. First, diversion 
    structures can be designed to prevent otherwise uncontaminated (or less 
    contaminated) water from crossing disturbed areas or areas containing 
    significant amounts of contaminated materials, where contact may occur 
    between runon and significant materials. These source reduction 
    measures may be particularly effective for inactive coal mine sites 
    
    [[Page 50907]]
    because they prevent runon of uncontaminated discharges from contacting 
    exposed materials and/or reduce the flow across disturbed areas, 
    thereby lessening the potential for erosion. Second, diversion 
    structures can be used to collect or divert waters for later treatment, 
    if necessary. The usefulness of these control measures are limited by 
    such factors as the size of the area to be controlled and the type and 
    nature of materials exposed and precipitation events.
        Diversion dikes, curbs, and berms are temporary or permanent 
    diversion structures that prevent runoff from passing beyond a certain 
    point, and divert runoff away from its intended path. Dikes, curbs or 
    berms may be used to surround and isolate areas of concern, diverting 
    flow around piles of overburden, waste rock, and storage areas, to 
    minimize discharge contact with contaminated materials and to limit 
    discharges of contaminated water from confined areas.
        b. Drainage/Storm Water Conveyance Systems. Drainage or storm water 
    conveyance systems can provide either a temporary or a permanent 
    management practice which functions to channel water away from eroded 
    or unstabilized areas, convey runoff without causing erosion, and/or 
    carry discharges to more stabilized areas. The use of drainage systems 
    as a permanent measure may be most appropriate in areas with extreme 
    slopes, areas subject to high velocity runoff, and other areas where 
    the establishment of substantial vegetation is infeasible or 
    impractical. For instance, several BMPs described below may be useful 
    storm water and erosion control methods applicable to haul roads and 
    access roads.
        Channels or Gutters--Channels or gutters collect storm water runoff 
    and direct its flow. Like diversion systems, channels or gutters may 
    act to divert runoff away from a potential source of contamination, but 
    may also be used to channel runoff to a collection and/or treatment 
    area including settling ponds, basins or work-out pits.
        Open Top Box Culverts, and Waterbars--These structures are 
    temporary or permanent structures that divert water from a roadway 
    surface. Open top box culverts may be used on steeply graded, unpaved 
    roads in place of pipe culverts to divert surface runoff and flow from 
    inside ditches onto the downhill slope of a road. These structures are 
    typically made of wood and should periodically be monitored and 
    repaired if necessary.
        Waterbars are berms built by a dozer, or by hand, to a one to two 
    foot height. They serve to extend the entire width of the road, with a 
    downslope angle between 30 and 40 percent. Waterbars are kept open at a 
    discharge end to allow water to flow away from the road, and require 
    little maintenance. These berms may be used as temporary or permanent 
    structures.
        Rolling Dips and Road Sloping--Rolling dips and road sloping are 
    permanent water diversion techniques installed using natural contours 
    of the land during road construction. These BMPs prevent water 
    accumulation on road surfaces and divert surface runoff toward road 
    ditches, which then convey the storm water to ponds or other management 
    areas.
        Roadway Surface Water Deflector--A roadway surface water deflector 
    is another technique to prevent accumulation of water on road surfaces. 
    The structure uses a conveyor belt sandwiched between two pieces of 
    treated wood and placed within the road to deflect water. This is a 
    useful technique for steeply graded, unpaved roads.
        Culverts--Culverts are permanent surface water diversion mechanisms 
    used to convey water off of, or underneath a road. Made of corrugated 
    metal, they must extend across the entire width of the road, and beyond 
    the fill slope. Additional erosion control mechanisms may need to be 
    installed at the discharge end of the culvert.
        c. Runoff Dispersion. Drainage systems are most effective when used 
    in conjunction with runoff dispersion devices designed to slow the flow 
    of water discharged from a site. These devices also aid storm water 
    infiltration into the soil and flow attenuation. Some examples of 
    velocity dissipation devices include check dams, rock outlet 
    protection, level spreaders, and serrated and benched slopes.
        Check Dams--Check dams are small temporary dams constructed across 
    swales or drainage ditches to reduce the velocity of runoff flows, 
    thereby reducing erosion and failure of the swale or ditch. This 
    slowing reduces erosion and gullying in the channel and allows 
    sediments to settle.
        Check dams may be installed in small temporary or permanent 
    channels where vegetation of the channel lining is not feasible and 
    where there is danger of erosion. These may be areas where installation 
    of nonerosive liners are not cost effective.
        Check dams diminish the need for more stringent erosion control 
    practices in the drainage ditch since they decrease runoff velocity. 
    When constructing check dams, the use of overburden or waste rock 
    should be avoided where there is the potential for contamination.
        Rock Outlet Protection--Rock protection placed at the outlet end of 
    culverts, channels, or ditches reduces the depth, velocity, and 
    destructive energy of water such that the flow will not erode the 
    downstream reach. The use of some materials (e.g., mine waste rock or 
    ore) should be avoided where contamination may occur. As with check 
    dams, rock outlet protection may also be used as a source reduction 
    treatment mechanism by using rocks containing limestone or other 
    alkaline materials to neutralize acidic discharges.
        Level Spreaders--Level spreaders are outlets for dikes and 
    diversions consisting of an excavated depression constructed at zero 
    grade across a slope. Level spreaders diffuse storm water point sources 
    and release it onto areas stabilized by existing vegetation.
        Serrated Slopes and Benched Slopes--These runoff dispersion methods 
    break up flow of runoff from a slope, decreasing its ability to erode. 
    Serrated and benched slopes provide flat areas that allow water to 
    infiltrate, and space for vegetation to grow and reinforce soils. 
    Serrated slopes are equipped with small steps, from one to two feet of 
    horizontal surface exposed on each step. Benched slopes have larger 
    steps, with vertical cuts between two and four feet high.
        Contouring--Surface contouring is the establishment of a rough soil 
    surface amenable to revegetation, through creating horizontal grooves, 
    depressions, or steps that run with the contour of the land. Slopes may 
    also be left in a roughened condition to reduce discharge flow and 
    promote infiltration. Surface roughening aids in the establishment of 
    vegetative cover by reducing runoff velocity and giving seed an 
    opportunity to take hold and grow. This technique is appropriate for 
    all slopes steeper than 3:1 in order to facilitate stabilization of the 
    slope and promote the growth of a vegetative cover. Once areas have 
    been contoured, they should be seeded as quickly as possible.
        Drain Fields--Drain fields are used to prevent the accumulation of 
    water and/or ground water at a site, by diverting infiltrating sources 
    through gravity flow or pumping. Typically filled with porous, 
    permeable materials such as graded rock, or perforated pipe, and lined 
    with geotextile fabric, these mechanisms are useful underneath 
    significant materials, reducing the amount of water that ultimately 
    comes into contact with significant materials. 
    
    [[Page 50908]]
    
        Stream Alteration--Altering or channelizing the path of a stream to 
    bypass all or some disturbed areas on a site, allows additional mining 
    activities, and avoids contamination of stream water by disturbed 
    lands. This practice is complicated, however, by the need to restore 
    the channel when mining operations end.
        Drop Structures--Drop structures are large angular rocks placed in 
    a V-shaped pattern to slow the velocity of storm water runoff. These 
    structures are typically reinforced by logs or large rocks imbedded in 
    the streambanks.
        d. Sediment Control and Collection. Sediment control and collection 
    limits movement and retains sediments from being transported offsite. 
    Several structural collection devices have been developed to remove 
    sediment from runoff before it leaves the site. Several methods of 
    removing sediment from site runoff involve diversion mechanisms 
    previously discussed, supplemented by a trapping or storage device. 
    Structural practices typically involve filtering diffuse storm water 
    flows through temporary structures such as straw bale dikes, silt 
    fences, brush barriers or vegetated areas.
        Structural practices are typically low in cost. However, structural 
    practices require periodic removal of sediment to remain functional. As 
    such, they may not be appropriate for permanent use at inactive mines. 
    However, these practices may be effectively used as temporary measures 
    along haul roads and access roads.
        Plastic Matting, Plastic Netting, and Erosion Control Blankets--
    These BMPs are used to protect bare soils to control dust and erosion. 
    Mats and blankets help to promote vegetative growth by maintaining 
    moisture and heat within the soil. Plastic matting and netting improve 
    slope stabilization and may be used as a permanent treatment to 
    encourage grass growth. Plastic netting is a more effective material to 
    use while promoting growth of vegetation as it permits sunlight to 
    penetrate through to the soils. Erosion control blankets also stabilize 
    slopes, and control erosion. These blankets may be made of jute, or 
    plastic netting, but are more expensive than straw.
        Mulch-straw or Wood Chips--Mulches and wood chips are useful 
    temporary covers for bare or seeded soils, with an erosion control 
    effectiveness rating of 75 to 98 percent.\61\ Like matting, mulch-straw 
    or wood chips help soils retain moisture and warmth to promote 
    vegetative growth. Used on slopes and/or in combination with nylon 
    netting, these materials may prevent erosion by wind and water. Over 
    time, however, the mulch cover will decrease in effectiveness.
    
        \61\ ``Sediment and Erosion Control: An Inventory of Current 
    Practices--Draft,'' EPA, April 20, 1990.
    ---------------------------------------------------------------------------
    
        Compaction--Soil compaction using a roller or other heavy equipment 
    increases soil ``strength'' by increasing its density. More dense soil 
    is less prone to erosion and long-term soil settlement. The surface of 
    compacted soils should be roughed and seeded or vegetated to increase 
    its durability.
        Sediment/Settling Ponds--Sediment ponds function as sediment traps 
    by containing runoff for long periods of time, allowing suspended 
    solids to settle. These structures can achieve a high removal rate of 
    sediment for both process wastewater and storm water discharges. 
    Sediment/settling ponds are easily constructed and require minimal 
    maintenance. Their flexibility to treat both process wastewater and 
    storm water makes the use of ponds a desirable treatment for discharges 
    from ore mining and dressing facilities. Of course, site 
    characteristics must be such that some or all discharges can be 
    practically channeled to a centralized area for treatment. Where this 
    is not practical, the cost of constructing multiple sediment ponds may 
    become prohibitive. In addition, periodic dredging may be required in 
    order to maintain the capacity of these ponds.
        Discharge ponds may also be designed to act as surge ponds which 
    are designed to contain storm surges and then completely drain in about 
    24 to 40 hours, and remain dry during times of no rainfall. They can 
    provide pollutant removal efficiencies that are similar to those of 
    detention ponds.\62\ Storm surge ponds are typically designed to 
    provide both water quality and water quantity (flood control) benefits.
    
        \62\ ``Urban Targeting and BMP Selection,'' EPA, Region V, 
    November 1990.
    ---------------------------------------------------------------------------
    
        Gabions, Riprap, and Native Rock Retaining Walls--These BMPs are 
    all forms of slope stabilization. Gabions consist of rocks (riprap) 
    contained by rectangular wire boxes or baskets for use as permanent 
    erosion control structures. Riprap consists of loose rocks placed along 
    embankments to prevent erosion. Native rock retaining walls are another 
    form of slope stabilization, with walls up to five feet in height, 
    constructed from native rock to reinforce a steep slope.
        Biotechnical Stabilization--Biotechnical stabilization uses live 
    brush imbedded in the soils of a steep slope to prevent erosion. This 
    method relies on the premise that the imbedded vegetation will 
    eventually take root and help stabilize the slope.
        Straw Bale Barrier--Straw bales may be used as temporary berms, 
    barriers, or diversions, capturing sediments and filtering runoff. When 
    installed and maintained properly, these barriers remove approximately 
    67 percent of the sediment load.\63\ These barriers are applicable 
    across small swales, in ditches, and at the toe of bare slopes where 
    there is a temporary, large volume of sediment laden runoff.
    
        \63\ ``Sediment and Erosion Control: An Inventory of Current 
    Practices--Draft,'' EPA, April 20, 1990, page IV-74.
    ---------------------------------------------------------------------------
    
        Sediment Traps or Catch Basins--These temporary or permanent 
    structures are useful for catching and storing sediment laden storm 
    water runoff and are particularly useful during construction activities 
    to contain runoff. The effectiveness of these BMPs is better in smaller 
    drainage basin areas. Sediment traps are less than 50 percent effective 
    in removing sediment from storm water runoff.\64\
    
        \64\ ``Sediment and Erosion Control: An Inventory of Current 
    Practices--Draft,'' EPA, April 20, 1990, page IV-26.
    ---------------------------------------------------------------------------
    
        Vegetated Buffer Strips--The installation of vegetated buffer 
    strips will reduce runoff and prevent erosion at a removal efficiency 
    rate of 75 to 99 percent depending upon the ground cover.\65\ In 
    addition, vegetated buffer strips catch and settle sediment contained 
    in the storm water runoff prior to reaching receiving waters.
    
        \65\ ``Sediment and Erosion Control: An Inventory of Current 
    Practices--Draft,'' EPA, April 20, 1990, page IV-7.
    ---------------------------------------------------------------------------
    
        Silt Fence/Filter Fence--A low fence made of filter fabric, wire 
    and steel posts, should be used on small ephemeral drainage areas where 
    storm water collects or leaves a mine site. Silt fences remove 97 
    percent of the sediment load and are easier to maintain and remove 
    without creating lasting impacts to the environment.\66\ Silt and 
    filter fences need to be inspected periodically, and may not be as 
    effective as straw bales, since fabric may become clogged with fine 
    particles preventing water flow.
    
        \66\ ``Sediment and Erosion Control: An Inventory of Current 
    Practices--Draft,'' EPA, April 20, 1990, page IV-75.
    ---------------------------------------------------------------------------
    
        Silt fences may have limited applicability for large areas: they 
    are most effective for use in small drainage areas. These fences may 
    also be used in conjunction with nonstructural practices to maintain 
    the integrity of soil prior to the establishment of vegetation.
        Siltation Berms--Siltation berms are typically placed on the 
    downslope side of a disturbed area to act as an impermeable barrier for 
    the capture and 
    
    [[Page 50909]]
    retention of sediments in surface water runoff. Plastic sheeting is 
    typically used to cover the berm. The berm and the plastic sheeting may 
    require periodic maintenance and repair.
        Brush Sediment Barriers--Brush barriers are temporary sediment 
    barriers composed of tree limbs, weeds, vines, root mat, soil, rock and 
    other cleared materials placed at the toe of a slope. A brush barrier 
    is effective only for small drainage areas, usually less than \1/4\ 
    acre, where the slope is minimal.
        Brush barriers do not function as permanent barriers since over 
    time the barrier itself will degrade. This BMP is most effective when 
    located at the toe of a slope of an area in which vegetation is being 
    grown or during temporary operations. The brush barriers remove any 
    excessive sediment which is generated by erosion prior to the 
    establishment of vegetation.
        e. Vegetation Practices. Vegetation practices involve establishing 
    a sustainable ground cover by permanent seeding, mulching, sodding, and 
    other such practices. A vegetative cover reduces the potential for 
    erosion of a site by: absorbing the kinetic energy of raindrops which 
    would otherwise impact soil; intercepting water so it can infiltrate 
    into the ground instead of running off and carrying contaminated 
    discharges; and by slowing the velocity of runoff to promote onsite 
    deposition of sediment. Vegetative controls are often the most 
    important measures taken to prevent offsite sediment movement, and can 
    provide a six-fold reduction in the discharge of suspended sediment 
    levels.\67\ Permanent seeding has been found to be 99 percent effective 
    in controlling erosion for disturbed land areas.\68\
    
        \67\ ``Performance of Current Sediment Control Measures at 
    Maryland Construction Sites,'' January 1990, Metropolitan Washington 
    Council of Governments, page X.
        \68\ ``Sediment and Erosion Control: An Inventory of Current 
    Practices--Draft,'' EPA, April 20, 1990, page IV-4.
    ---------------------------------------------------------------------------
    
        Typically, the costs of vegetative controls are low relative to 
    other discharge mitigation practices. Given the limited capacity to 
    accept large volumes of runoff, and potential erosion problems 
    associated with large concentrated flows, vegetative controls should 
    typically be used in combination with other management practices. These 
    measures have been documented as particularly appropriate for mining 
    sites.
        Topsoiling, Seedbed Preparation--The addition of a layer of topsoil 
    or plant growth material provides an improved soil medium for plant 
    growth. Seedbed preparation may include the addition of topsoil 
    ingredients to be mixed in with soils used for seedbed preparation. 
    Ripping, dicing, and mixing soils promotes weed control and aerates the 
    soil, encouraging seedling growth.
        Broadcast Seeding and Drill Seeding--Seeding and vegetative 
    planting are methods used to revegetate an area. Broadcast seeding 
    spreads seeds uniformly, by hand or machine, to steep sloped or rocky 
    areas, flat surfaces, and areas with limited access. Drill seeding is 
    performed using a rangeland drill seeder and may not be used on rocky 
    surfaces. Drill seeding is more suitably performed on flat, nonrocky 
    surfaces, where the machine can insert seeds into the soil.
        Willow Cutting Establishment--Willow cutting establishment 
    describes a method of soil stabilization useful for stream banks and 
    other areas located adjacent to water. Similar to biotechnical 
    stabilization, willow cuttings are used to promote growth in an area 
    needing stabilization. Willow cuttings are typically used to reinforce 
    a streambank or other moist area. Willow cuttings require a great deal 
    of moisture and must be planted in areas that remain moist for long 
    periods in order to take hold and grow.
        F. Capping. In some cases, the elimination of a pollution source 
    through capping contaminant sources may be the most cost effective 
    control measure for some discharges from inactive coal mines. Depending 
    on the type of management practices chosen the cost to eliminate the 
    pollutant source may be very high. Once completed, however, maintenance 
    costs will range from low to nonexistent.
        Capping or sealing of waste materials is designed to prevent 
    infiltration, as well as to limit contact between discharges and 
    potential sources of contamination. Ultimately, capping should reduce 
    or eliminate the contaminants in discharges. In addition, by reducing 
    infiltration, the potential for seepage and leachate generation may 
    also be lessened.
        The use of this practice depends on the level of control desired, 
    the materials available, and cost considerations. Many common liners 
    may be effective including common soil, clay, and/or synthetic liners. 
    Generally, soil liners will provide appreciable control for the lowest 
    cost. Synthetic or clay liners may be appropriate to cover materials 
    known to have a significant potential to impact water quality.
        EPA has identified a wide variety of best management practices 
    (BMPs) that may be used to mitigate discharges of contaminants at coal 
    mines. Many of the practices focus on sediment and erosion control and 
    are similar to BMPs used in the construction industry. For more details 
    on the use and implementation of these practices the reader is 
    encouraged to obtain a copy of one or more of the many good sediment 
    and erosion control books available on the market.69 In some cases 
    (e.g., low pH and/or high metals concentrations), BMPs, and sediment 
    and erosion controls may not be adequate to produce an acceptable 
    quality of storm water discharge. Under those circumstances additional 
    physical or chemical treatment systems may be necessary to protect the 
    receiving waters.
    
        \69\ ''Best Management Practices for Mining in Idaho,'' Idaho 
    Department of State Lands, November 1992; ``Storm Water Management 
    for Construction Activities: Developing Pollution Prevention Plans 
    and Best Management Practices,'' EPA, September 1992, (EPA 832-R-92-
    005); and ``Erosion & Sediment Control Handbook,'' Goldman et al., 
    McGraw-Hill Book Company, 1986.
    ---------------------------------------------------------------------------
    
        g. Treatment. Treatment practices are those methods of control 
    which are normally used to reduce the concentration of pollutants in 
    water before it is discharged. This is in contrast to many BMPs where 
    the emphasis is on keeping the water from becoming contaminated. 
    Treatment practices may be required where flows are currently being 
    affected by exposed materials and where other BMPs are insufficient to 
    meet discharge goals. These practices are usually the most resource 
    intensive as they often entail significant construction costs and 
    require monitoring and maintenance on a frequent and regular basis. 
    Treatment options may range from high maintenance controls to low 
    maintenance. High maintenance treatment techniques require periodic 
    manpower to operate and maintain the BMP. Low maintenance cost 
    techniques have initial capital costs but operate with little long-term 
    maintenance after they are implemented. At a few sites, treatment 
    measures other than high maintenance measures may be appropriate to 
    address specific pollutants.
        Chemical/Physical Treatment--An example of a high maintenance 
    technology that is found at coal mining facilities is chemical/physical 
    treatment. The most common type of chemical/physical treatment involves 
    the addition of limestone to reduce the acidity of the discharge and/or 
    precipitate metals. Metals may be removed from wastewater by raising 
    the pH of the wastewater to precipitate them out as hydroxides. 
    Typically, the pH of the wastewater must be raised to 9 to 12 standard 
    units in order to achieve the 
    
    [[Page 50910]]
    desired precipitation of metals. After metals precipitation, the 
    addition of some form of acid or carbon dioxide may be required to 
    reduce the pH to acceptable levels. Polymer addition may be required to 
    enhance the settling characteristics of the metal hydroxide 
    precipitate. In general, this practice requires significant operator 
    participation to ensure proper neutralization and/or precipitation and 
    thus may not be cost effective for most storm water discharges.
        Artificial Wetlands--This type of BMP system is gaining popularity 
    as a method of treating process wastewater from inactive coal mines. 
    They can be an effective system for improving water quality either 
    alone or in conjunction with other treatment practices. The complex 
    hydrologic, biological, physical, and chemical interactions that take 
    place within a wetland result in a natural reduction and cleansing of 
    influent pollutants. Wetland processes are able to filter sediments, 
    and absorb and retain chemical and heavy metal pollutants through 
    biological degradation, transformation, and plant uptake.
        Artificial wetlands are designed to maintain a permanent pool of 
    water. Properly installed and maintained retention structures (also 
    known as wet ponds) and artificial wetlands will be most cost-effective 
    when used to control runoff from larger, intensively developed sites. 
    These artificial wetlands are created to provide treatment but also 
    provide a wildlife habitat, and enhance recreation and landscape 
    amenities. Artificial wetlands are being intensely researched by the 
    Bureau of Mines as a means of mitigating acid mine drainage.
        EPA strongly discourages the use of natural wetlands as part of the 
    treatment system because they are considered to be waters of the United 
    States. The necessary controls, or BMPs, must be provided prior to 
    discharging the storm water runoff to natural wetlands or other 
    receiving waters.
        In summary, a wide variety of BMPs are available for inactive coal 
    mines and for use along haul roads and access roads at active coal 
    mines. These measures range from simple low cost, low maintenance 
    source reduction practices such as diversion structures to high cost, 
    maintenance intensive practices such as wetlands treatment. Clearly, 
    the selection of a practice or group of practices will be site-specific 
    depending on conditions and potential impacts as well as the resources 
    available at each site. A specific best available technology (or 
    technologies) cannot be determined because of the differences between 
    sites and the quantities and characteristics of their discharges.
    4. Storm Water Pollution Prevention Plan Requirements
        Specific requirements for the pollution prevention plan for coal 
    mines and coal mining related facilities are described below. These 
    requirements must be implemented in addition to the common pollution 
    plan provisions described in Section VI.C. of this fact sheet.
        a. Contents of the Plan. Under the description of potential 
    pollutant sources section, all coal mining and related facilities are 
    required to describe all potential pollutant sources and provide the 
    locations of these sources.
        (1) A site map, such as a drainage map required for SMCRA permits, 
    must indicate drainage areas and storm water outfalls from the 
    potential pollutant sources as indicated in item l above. The map 
    should provide, but not be limited to, the following information:
    
    (a) Drainage direction and discharge points from all applicable mining-
    related areas, including culvert and sump discharges from roads and 
    rail beds and also from equipment and vehicle maintenance areas, 
    lubricants and other potentially harmful liquids
    (b) Location of each existing erosion and sedimentation control 
    structure and other control measures for reducing pollutants in storm 
    water runoff
    (c) Receiving streams or other surface water bodies
    (d) Locations exposed to precipitation which contain acidic or metal 
    ladened spoil, refuse, or unreclaimed disturbed areas
    (e) Locations where major spills or leaks of toxic or hazardous 
    pollutants have occurred
    (f) Locations where liquid storage tanks containing potential 
    pollutants, such as caustics, hydraulic fluids and lubricants, are 
    exposed to precipitation
    (g) Locations where fueling stations, vehicle and equipment maintenance 
    areas are exposed to precipitation
    
        The site map must also indicate the outfall locations and the types 
    of discharges contained in the drainage areas of the outfalls (e.g. 
    storm water and air conditioner condensate). In order to increase the 
    readability of the map, the inventory of the types of discharges 
    contained in each outfall may be kept as an attachment to the site map.
        Under the measures and controls section, operators of the inactive 
    and active coal mines are required to describe storm water management 
    controls for coal mining-related facilities, including the following:
        (2) Compliance with SMCRA Requirements. The Surface Mining Control 
    and Reclamation Act (SMCRA) regulations require sediment and erosion 
    control measures and practices for haul roads and most of the other 
    active mining-related areas covered by this section. All such SMCRA 
    requirements are also requirements of the pollution prevention plan and 
    other applicable conditions of this section.
        (3) Good Housekeeping Practices. The purpose of good housekeeping 
    practices is to remove or lessen the potential pollution sources before 
    they come into contact with storm water. This includes collection and 
    removal of waste oils collected in traps; cleaning up exposed 
    maintenance areas of spilled lubricants and fuels, and similar 
    measures; and preventing the offsite movement of dust by sweeping or by 
    road watering.
        (4) Preventive Maintenance. A timely maintenance program should 
    include: inspections for preventing breakdowns, corrosion of tanks and 
    deterioration of pressure fuel or slurry pressure lines; periodic 
    removal and disposal of accumulated solids in sediment traps; and 
    replacement of straw bales and other control measures subject to 
    weathering and deterioration.
        (5) Inspections. For all SMCRA regulated active mining-related 
    sites, which include most of the active facilities under this section, 
    SMCRA authorities are required to conduct regular quarterly 
    inspections. Coordinated inspections by the facility representative 
    would be expected to take place either before, during or after the 
    complete SMCRA inspections. Therefore, inspections by the facility 
    representative would not be placing an undue burden on the facility. In 
    addition, sediment and erosion control measures should be evaluated at 
    least once yearly during a storm period of at least 0.1 inch rainfall 
    where effectiveness can be evaluated first hand. Observations should 
    also be made at this time of resulting impact of any settled solids in 
    the receiving stream.
        Inactive coal mines should be inspected at least once yearly, 
    except where very remote, to maintain an appraisal of sediment and 
    erosion control measures, determine outstanding problem areas, and plan 
    for improved measures.
        (6) Employee Training. There are no employee training requirements 
    beyond those described in Section VI.C.
        (7) Prohibition of Non-storm Water Discharges. Many inactive mines 
    and portions of inactive mines are 
    
    [[Page 50911]]
    abandoned underground mines which have seeps or other discharges which 
    are not in response to storm events. These type discharges from 
    inactive mines are not covered by this section. In addition, floor 
    drains from maintenance buildings and other similar drains in mining 
    and preparation plant areas may contain contaminants and are prohibited 
    from inclusion in this section.
        (8) Sediment, Erosion and Flow Management Controls. The plan must 
    describe all sediment, erosion, and flow management controls used to 
    control storm water discharges. The plan should also address the 
    reasonableness and appropriateness of each sediment, erosion, and flow 
    management control, and identify when they are required by State or 
    Federal SMCRA regulations. For the most part, these measures are best 
    management practices expected of construction and other activities 
    which are subject to storm runoff. However, construction activities are 
    usually much more short term than mining activities, so greater 
    emphasis must be placed on implementing long term measures for haul 
    roads and other mining-related facilities.
        b. Comprehensive Site Compliance Evaluation. In addition to the 
    comprehensive site compliance evaluation described in Section VI.C.4. 
    of this fact sheet, the plan must be implemented and, where erosion 
    control and pollution prevention measures described in the plan are 
    found deficient, the plan must be revised to include reasonable and 
    appropriate control measures. Reports including observations and 
    incidences of noncompliance must be prepared and kept on file for 
    possible review.
    5. Numeric Effluent Limitation
        Based on the lack of sampling data, it is infeasible for EPA to 
    calculate effluent limitations at this time. The main pollutant concern 
    is excess solids runoff and discharge, but there are no widely accepted 
    solids limits which could be expected from the recommended sediment and 
    erosion control measures. The 0.5 ml/L settleable solids limit, as 
    required by 40 CFR Part 434 for storm discharges from surface mine 
    settling ponds, can be considered a goal but not a requirement for 
    control measures, which for the most part, consist of sediment ditches, 
    straw bales and similar structures normally used for haul roads. The 
    permit does not cover facilities that are in violation of water quality 
    standards and where water quality-based effluent limits apply.
    6. Monitoring and Reporting Requirements
        a. Monitoring Requirements. EPA believes that coal mining 
    facilities may reduce the level of pollutants in storm water runoff 
    from their sites through the development and proper implementation of 
    the storm water pollution prevention plan requirements discussed in 
    today's permit. In order to provide a tool for evaluating the 
    effectiveness of the pollution prevention plan and to characterize the 
    discharge for potential environmental impacts, Table H-4 lists the 
    pollutants that coal mining facilities are required to collect and 
    analyze in their storm water discharges. The pollutants listed in Table 
    H-4 were found to be above levels of concern for a significant portion 
    of coal mining facilities that submitted quantitative data in the group 
    application process. Because these pollutants have been reported at 
    benchmark levels from coal mining facilities, EPA is requiring 
    monitoring after the pollution prevention plan has been implemented to 
    assess the effectiveness of the pollution prevention plan and to help 
    ensure that a reduction of pollutants is realized.
        Permittees can exercise the alternative certification on a 
    pollutant-by-pollutant basis as described under Section (1) below. Any 
    pollutant(s) for which the facility is unable to certify to no exposure 
    must, at a minimum, monitor storm water discharges from coal mining 
    facilities on a quarterly basis during the second year of permit 
    coverage. Monitoring must be performed during the following periods: 
    January through March; April through June; July through September; and 
    October through December. At the end of the second year of permit 
    coverage, a facility must calculate the average concentration for each 
    parameter listed in Table H-4. If the permittee collects more than four 
    samples in this period, then they must calculate an average 
    concentration for each pollutant of concern for all samples analyzed.
    
         Table H-4.--Monitoring Requirements Coal Mining Facilities mg/L    
    ------------------------------------------------------------------------
                                                         Monitoring cut-off 
                   Pollutants of concern                    concentration   
    ------------------------------------------------------------------------
    Total Recoverable Aluminum........................  0.75 mg/L           
    Total Recoverable Iron............................  1.0 mg/L            
    Total Suspended Solids (TSS)......................  100 mg/L            
    ------------------------------------------------------------------------
    
        If the average concentration for a parameter is less than or equal 
    to the appropriate cut-off concentration, then the permittee is not 
    required to conduct quantitative analysis for that parameter during the 
    fourth year of the permit. If, however, the average concentration for a 
    parameter is greater than the cut-off concentration listed in Table H-
    4, then the permittee is required to conduct quarterly monitoring for 
    that parameter during the fourth year of permit coverage. Monitoring is 
    not required during the first, third, and fifth year of the permit. The 
    exclusion from monitoring in the fourth year of the permit is 
    conditional on the facility maintaining industrial operations and BMPs 
    that will ensure a quality of storm water discharges consistent with 
    the average concentrations recorded during the second year of the 
    permit. The schedule for monitoring is presented in Table H-5.
    
                       Table H-5.--Schedule of Monitoring                   
    ------------------------------------------------------------------------
                                                                            
    ------------------------------------------------------------------------
    2nd Year of Permit          Conduct quarterly monitoring.       
     Coverage.                                                              
                                Calculate the average concentration 
                                for all parameters analyzed during this     
                                period.                                     
                                If average concentration is greater 
                                than the value listed in Table H-4, then    
                                quarterly sampling is required during the   
                                fourth year of the permit.                  
                                If average concentration is less    
                                than or equal to the value listed in Table H-
                                4, then no further sampling is required for 
                                that parameter.                             
    
    [[Page 50912]]
                                                                            
    4th Year of Permit          Conduct quarterly monitoring for any
     Coverage.                  parameter where the average concentration in
                                year 2 of the permit is greater than the    
                                value listed in Table H-4.                  
                                If industrial activities or the     
                                pollution prevention plan have been altered 
                                such that storm water discharges may be     
                                adversely affected, quarterly monitoring is 
                                required for all parameters of concern.     
    ------------------------------------------------------------------------
    
    
    
        In cases where the average concentration of a parameter exceeds the 
    cut-off concentration, EPA expects permittees to place special emphasis 
    on methods for reducing the presence of those parameters in storm water 
    discharges. Quarterly monitoring in the fourth year of the permit will 
    be used to reassess the effectiveness of the adjusted pollution 
    prevention plan.
        The monitoring cut-off concentrations listed in Table H-4 are not 
    numerical effluent limitations. These values represent a level of 
    pollutant discharge which facilities may achieve through the 
    implementation of pollution prevention plans. At least half of the 
    facilities which submitted Part 2 data reported concentrations greater 
    than or equal to the values listed in Table H-4. Facilities that 
    achieve average discharge concentrations which are less than or equal 
    to the appropriate cut-off concentration values are not relieved from 
    the pollution prevention plan requirements or any other requirements of 
    the permit.
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly chemical sampling.
        (1) Alternative Certification. Throughout today's permit, EPA has 
    included monitoring requirements for facilities which the Agency 
    believes have the potential for contributing significant levels of 
    pollutants to storm water discharges. The alternative certification 
    described below is necessary to ensure that monitoring requirements are 
    only imposed on those facilities that do, in fact, have storm water 
    discharges containing pollutants at concentrations of concern. EPA has 
    determined that if materials and activities are not exposed to storm 
    water at the site, then the potential for pollutants to contaminate 
    storm water discharges does not warrant monitoring.
        Therefore, a discharger is not subject to the monitoring 
    requirements of this Part provided the discharger makes a certification 
    for a given outfall or on a pollutant-by-pollutant basis in lieu of 
    monitoring described in Table H-4, under penalty of law, signed in 
    accordance with Part VII.G. (Signatory Requirements), that material 
    handling equipment or activities, raw materials, intermediate products, 
    final products, waste materials, by-products, industrial machinery or 
    operations, significant materials from past industrial activity, and 
    that are located in areas of the facility that are within the drainage 
    area of the outfall are not presently exposed to storm water and will 
    not be exposed to storm water for the certification period. Such 
    certification must be retained in the storm water pollution prevention 
    plan and submitted to EPA in accordance with Part VI.C. of this permit. 
    In the case of certifying that a pollutant is not present, the 
    permittee must submit the certification along with the monitoring 
    reports required under paragraph (2) below. If the permittee cannot 
    certify for an entire period, they must submit the date exposure was 
    eliminated and any monitoring required up until that date. This 
    certification option is not applicable to compliance monitoring 
    requirements associated with effluent limitations. EPA does not expect 
    facilities to be able to exercise this certification for indicator 
    parameters, such as TSS and BOD.
        (2) Reporting Requirements. Permittees are required to submit all 
    monitoring results obtained during the second and fourth year of permit 
    coverage within 3 months of the conclusion of each year. For each 
    outfall, one signed Discharge Monitoring Report form must be submitted 
    to the Director per storm event sampled. For facilities conducting 
    monitoring beyond the minimum quarterly requirements, an additional 
    Discharge Monitoring Report Form must be filed for each analysis.
        (3) Sample Type. All discharge data shall be reported for grab 
    samples. All such samples shall be collected from the discharge 
    resulting from a storm event that is greater than 0.1 inches in 
    magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. The required 
    72-hour storm event interval is waived where the preceding measurable 
    storm event did not result in a measurable discharge from the facility. 
    The required 72-hour storm event interval may also be waived where the 
    permittee documents that less than a 72-hour interval is representative 
    for local storm events during the season when sampling is being 
    conducted. The grab sample shall be taken during the first 30 minutes 
    of the discharge. If the collection of a grab sample during the first 
    30 minutes is impracticable, a grab sample can be taken during the 
    first hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable.
        If storm water discharges associated with industrial activity 
    commingle with process or nonprocess water, then where practicable, 
    permittees must attempt to sample the storm water discharge before it 
    mixes with the non-storm water discharge.
        (4) Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluent. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        b. Visual Examination of Storm Water Quality. Visual examinations 
    of a storm water discharge from each outfall are required except at 
    inactive areas not under SMCRA bond. Active areas under SMCRA bond that 
    are located in areas with an average annual precipitation greater than 
    20 inches must perform the visual examinations quarterly. Active areas 
    under SMCRA bond with an 
    
    [[Page 50913]]
    average annual precipitation less than or equal to 20 inches are 
    required to perform visual examinations on a semiannual basis. The 
    examination must be of a grab sample collected from each storm water 
    outfall. The examination of storm water grab samples shall include any 
    observations of color, odor, turbidity, floating solids, foam, oil 
    sheen, or other obvious indicators of storm water pollution. The 
    examination must be conducted in a well lit area. No analytical tests 
    are required to be performed on these samples.
        The examination must be made at least once in each designated 
    period during daylight hours unless there is insufficient rainfall or 
    snow-melt to runoff. Whenever practicable, the same individual should 
    carry out the collection and examination of discharges throughout the 
    life of the permit to ensure the greatest degree of consistency 
    possible. Examinations shall be conducted in each of the following 
    periods for the purposes of inspecting storm water quality associated 
    with storm water runoff and snow melt: January through March; April 
    through June; July through September; October through December. Grab 
    samples shall be collected within the first 30 minutes (or as soon 
    thereafter as practical, but not to exceed 1 hour) of when the runoff 
    begins discharging. Reports of the visual examination include: the 
    examination date and time, examination personnel, visual quality of the 
    storm water discharge, and probable sources of any observed storm water 
    contamination. The visual examination reports must be maintained onsite 
    with the pollution prevention plan.
        When a discharger is unable to collect samples over the course of 
    the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examinations. Adverse weather conditions which 
    may prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.). For facilities that have an average annual 
    precipitation of 20 inches or less or are designated inactive by SMCRA, 
    EPA requires semiannual visual examinations instead of quarterly.
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly visual examination.
        EPA believes that this quick and simple assessment will help the 
    permittee to determine the effectiveness of his/her plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the chemical properties of the storm water discharged from the 
    site, the examination will provide meaningful results upon which the 
    facility may act quickly. The frequency of this visual examination will 
    also allow for timely adjustments to be made to the plan. If BMPs are 
    performing ineffectively, corrective action must be implemented. A set 
    of tracking or follow-up procedures must be used to ensure that 
    appropriate actions are taken in response to the examination. The 
    visual examination is intended to be performed by members of the 
    pollution prevention team. This hands-on examination will enhance the 
    staff's understanding of the storm water problems on that site and the 
    effects of the management practices that are included in the plan.
    
    I. Storm Water Discharges Associated With Industrial Activity From Oil 
    and Gas Extraction Facilities
    
    1. Industry Profile
        On November 16, 1990 (55 FR 47990), EPA promulgated the regulatory 
    definition of ``storm water discharges associated with an industrial 
    activity.'' This definition includes point source discharges of storm 
    water from eleven major categories of facilities, including: ``* * * 
    (iii) facilities classified as Standard Industrial Classification (SIC) 
    codes 10 through 14, including * * * oil and gas exploration, 
    production, processing, or treatment operations, or transmission 
    facilities that discharge storm water contaminated by contact with or 
    that has come into contact with, any overburden, raw material, 
    intermediate products, finished products, by-products, or waste 
    products located on the site of such operations.''
        As stated above and at 40 CFR 122.26(b)(14)(iii), only those oil 
    and gas facilities that discharge `contaminated' storm water are 
    required to submit permit applications under the November 16, 1990, 
    storm water rule. For oil and gas facilities, contamination means that 
    there has been a release of a Reportable Quantity (RQ) of oil or 
    hazardous substances in storm water since November 16, 1987 
    (hereinafter referred to as `an RQ release'). Only those facilities 
    that have had an RQ release are required to submit a storm water permit 
    application.
        This section of today's permit only covers storm water discharges 
    associated with industrial activities from oil and gas exploration, 
    production, processing, or treatment operations, or transmission 
    facilities. Hereinafter, the facilities listed above will be referred 
    to as ``oil and gas facilities.'' Oil and gas facilities eligible to 
    seek coverage under this section include the following types of 
    operations: crude petroleum and natural gas (SIC Code 1311), natural 
    gas liquids (SIC Code 1321), drilling oil and gas wells (SIC Code 
    1381), oil and gas field exploration services (SIC Code 1382), oil and 
    gas field services, not elsewhere classified (SIC Code 1389).
        These industries include the extraction and production of crude 
    oil, natural gas, oil sands and shale; the production of hydrocarbon 
    liquids and natural gas from coal; and associated oil field service, 
    supply and repair industries. Many of the oil field service facilities 
    may also manufacture oil field equipment. Discharges associated with 
    these manufacturing activities shall be covered by this section if the 
    primary activity of the facility is grouped under Major SIC Group 13.
        Pursuant to Section 311 of the Clean Water Act and Section 102 of 
    the Comprehensive Environmental Response, Compensation, and Liability 
    Act (CERCLA), RQs were established for oil and hazardous substances. As 
    defined at 40 CFR Part 110, an RQ is ``the amount of oil that violates 
    applicable water quality standards or causes a film or sheen upon or a 
    discoloration of the surface of the water or adjoining shorelines or 
    causes a sludge or emulsion to be deposited beneath the surface of the 
    water or upon adjoining shorelines.'' The RQs for other substances are 
    listed in 40 CFR 117.3 and 302.4 in terms of pounds released over any 
    24-hour period.
        Discharges covered by this section include all storm water 
    discharges from facilities which have had an RQ release where 
    precipitation and storm water runon come into contact with significant 
    materials including, but not limited to, drilling and production 
    equipment and other machinery, raw materials, waste products, by-
    products, finished products, stored materials, and fuels. This includes 
    storm water discharges from access roads, and rail lines used or 
    traveled by carriers of raw materials, manufactured products, waste 
    
    [[Page 50914]]
    materials, or by-products created by the facility.
        This section does not cover storm water discharges from inactive 
    oil and gas extraction facilities located on Federal lands, unless an 
    operator of the activity can be identified. These discharges are more 
    appropriately covered under a permit currently being developed by EPA.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        Oil and gas exploration and production includes all activities 
    related to the search for, and extraction of, liquid and gas petroleum 
    from beneath the earth's surface. Found almost exclusively in 
    sedimentary rocks, oil and natural gas accumulate in geologic 
    confinements called traps which, by virtue of an impermeable overlying 
    layer, have stopped the migration of the fluid. The volume of petroleum 
    contained in a trap can vary from negligible to billions of barrels.
        Though at one time such traps may have been close enough to the 
    surface to allow easy detection (i.e., surface seepage), modern 
    exploration relies on sophisticated geophysical testing techniques to 
    locate potentially producible formations. Gravitational and seismic 
    surveys of subsurface geology provide indirect indications of the 
    likelihood of finding promising geological formations. This process is 
    complicated by the fact that, at least in the U.S., the average depth 
    at which one may reasonably expect to find oil is increasing since many 
    of the largest shallow formations are assumed to have been found 
    already.
        Drilling operations require construction of access roads, drill 
    pads, mud pits, and possibly work camps or temporary trailers. Drill 
    pads are areas used to stage the drilling operation and generally range 
    from 2 to 5 acres. The pad accommodates the drilling rig and associated 
    operations including pumps, reserve pits, and mud tanks.
        Modern well drilling involves the use of a rotary drill to bore 
    through soil and rock to the desired well depth. The drill bit is 
    constantly washed with a circulating drilling fluid, or ``mud,'' which 
    serves to cool and lubricate the bit and remove the cuttings to the 
    surface. The drilling mud also serves to prevent ``blowouts'' from 
    overpressured water and gas bearing formations. If the drill reaches 
    the desired depth and fails to locate a producible deposit of oil or 
    gas, the well must be plugged and the site abandoned. Even if oil and/
    or gas is found the well may not be producible. If the formation fails 
    to exhibit the right combination of expected volume, porosity, and 
    permeability, the costs of extraction would be prohibitive.
        After a well has been drilled, it is ``completed'' if well logging 
    data indicate that the well is capable of producing commercial 
    quantities of oil or gas. Completion includes a number of operations 
    that may be necessary to allow the well to produce oil or gas. These 
    include installing and cementing casing, installing the production 
    tubing and downhole equipment, repairing damage that drilling may have 
    caused to the formation, and possibly stimulating the well. During a 
    well's active life, periodic ``workovers'' are necessary. Workovers can 
    include a number of procedures intended to maintain or enhance 
    production. These can include repairing or replacing downhole 
    equipment, removing accumulated scale or paraffin from tubing or 
    casing, and stimulating the formation to restore or enhance production. 
    Wells are stimulated, whether by treating with acid or fracturing, 
    during completion or workover or both: it is common for wells to be 
    stimulated at completion and then periodically throughout their lives.
        Acid stimulation involves introducing an acid solution to the 
    formation. The acid dissolves the rock, thus creating or enlarging flow 
    path openings. Acids are also used to repair damage to formations 
    caused by drilling or other operations. In addition, they may be used 
    for scale removal and other purposes. Fracturing by hydraulic pressure 
    is achieved by pumping fluids at high pressure (i.e., at high rates) 
    into the well, thereby causing material failure of the rock in the 
    formation of interest (i.e., fractures). Fracturing is also done using 
    explosive devices to fire projectiles into the formation of interest. 
    The fractures induced in the formations serve as flow paths for 
    hydrocarbons.
        In instances where the reservoir is sufficiently large, 
    ``delineation'' wells are drilled to determine the boundary of the 
    reservoir and additional ``development'' wells are drilled to increase 
    the rate of production from the ``field.'' Because few new wells in the 
    U.S. have sufficient energy (pressure) to force oil all the way to the 
    surface, surface or submersible pumps are placed at the wells and 
    production begins.
        This first phase of production, primary production, may continue 
    for several to many years, requiring only routine maintenance to the 
    wells as they channel oil to the surface for delivery to refineries. 
    However, as the oil is removed from the formation, the formation 
    pressure decreases until the wells will no longer produce. Because 70 
    percent of the total recoverable oil may remain in the formation, 
    additional energy may be supplied by the controlled injection of water 
    from the surface into the formation. The injected water acts to push 
    the oil toward the well bores. Such secondary recovery or ``water 
    flooding'' projects may employ hundreds of injection wells throughout a 
    field to extend the life of the wells. Much of the water used for 
    injection is pumped along with oil from the producing well, separated 
    from the oil, and then reinjected.
        Produced fluid, as pumped from a well, is sent through one or more 
    process units to separate the waste fractions (e.g., produced water, 
    emulsions, scale, and produced sand) from the salable hydrocarbon.
        As oil and gas are recovered from wells, they are collected or 
    gathered in pipelines for transport to produced fluid treatment 
    facilities. These facilities separate marketable gas and crude oil from 
    water and sand.
        Often, service companies are hired by the oil company to perform 
    many of the activities described above. Typically these contractors 
    drill the wells and perform other specific tasks such as installing 
    casing, conducting formation tests, and managing wastes, etc. When a 
    well or field ceases to produce oil or gas at an economically feasible 
    rate, the field must be abandoned and reclaimed.
    2. Pollutants in Storm Water Discharges Associated with Oil and Gas 
    Facilities
        Exploration and production techniques will vary depending on the 
    type and characteristics of formations, pollutants present, and waste 
    management controls. Therefore, impacts associated with storm water 
    discharges from oil and gas facilities will vary. Several other factors 
    influence to what extent significant materials from these types of 
    facilities and processing operations can affect water quality. 
    
    [[Page 50915]]
    Such factors include: hydrology/geology; the types of chemical 
    additives and lubricating fluids used; the procedure for waste 
    management; the nature and size of the RQ release; the amount of 
    contamination remaining after the RQ release; the size of the 
    operation; and type, duration, and intensity of precipitation events. 
    These and other factors will interact to influence the quantity and 
    quality of storm water runoff. In addition, sources of pollutants other 
    than storm water, such as illicit connections,70 spills, and other 
    improperly dumped materials, may increase the pollutant loadings 
    discharged into waters of the United States.
    
        \70\ Illicit connections are contributions of unpermitted non-
    storm water discharges to storm sewers from any of a number of 
    sources including sanitary sewers, industrial facilities, commercial 
    establishments, or residential dwellings. The probability of illicit 
    connections at mineral mining and processing facilities is low yet 
    it still may be applicable at some operations.
    ---------------------------------------------------------------------------
    
        Based on information submitted with the group applications and 
    other documents, EPA has identified some storm water pollutants and 
    sources typically associated with oil and gas facilities in Table I-1. 
    Due to distinct industrial activities and materials used at facilities, 
    however, sources and associated pollutants will vary from site to site. 
    The pollutants listed in Table I-1 are not meant to be a comprehensive 
    listing of all potential storm water pollutants at oil and gas 
    facilities.
    
            Table I-1.--Activities, Pollutant Sources, and Pollutants       
    ------------------------------------------------------------------------
          Activity            Pollutant source              Pollutant       
    ------------------------------------------------------------------------
    Construction of:                                                        
        --Access Roads..  Soil/dirt, leaking        TSS, TDS, oil and       
                           equipment and vehicles.   grease.                
        --Drill Pads                                                        
        --Reserve Pits                                                      
        --Personnel                                                         
         Quarters                                                           
        --Surface                                                           
         Impoundments                                                       
    Well Drilling.......  Drilling fluid,i          TSS, TDS, oil and       
                           lubricants, mud,          grease, COD, chlorides,
                           cuttings, produced        barium, naphthalene,   
                           water.                    phenanthrene, benzene, 
                                                     lead, arsenic,         
                                                     fluoride.              
    Well Completion/      Fluids (used to control   TSS, TDS, oil and       
     Stimulation.          pressure in well),        grease, COD, pH,       
                           cement, residual oil,     acetone, toluene,      
                           acids, surfactants,       ethanol xylenes.       
                           solvents, produced                               
                           water, sand.                                     
    Production..........  Produced water, oil,      Chlorides, TDS, oil and 
                           waste sludge, tank        grease, TSS, pH,       
                           bottoms, acids, oily      benzene, phenanthrene, 
                           debris, emulsions.        barium, arsenic, lead, 
                                                     antimony.              
    Equipment Cleaning    Cleaning solvents,        TSS, TDS, oil and       
     and Repairing.        lubricants, chemical      grease, pH.            
                           additives.                                       
    Site Closures.......  Residual muds, oily       TSS, TDS, oil and       
                           debris.                   grease.                
    ------------------------------------------------------------------------
    i The potential contaminants to be found in drilling fluid varies from  
      site to site, depending on the components of the fluid and any        
      pollutants added due to use of the fluid. Storm water discharges that 
      come into contact with used drilling fluids may include the following 
      pollutants, among others: toluene, ethyl benzene, phenol, benzene, and
      phenanthrene. Used drilling fluids may also contain inorganic         
      pollutants from additives or downhole exposure, such as arsenic,      
      chromium, lead, aluminum, sulfur, and various sulfates.               
    
        Based on the similarities of the facilities included in this sector 
    in terms of industrial activities and significant materials, EPA 
    believes it is appropriate to discuss the potential pollutants at oil 
    and gas extraction facilities as a whole and not subdivide this sector. 
    Therefore, Table I-2 lists data for selected parameters from facilities 
    in the oil and gas extraction sector. These data include the eight 
    pollutants that all facilities were required to monitor under Form 2F.
    
                                  Table I-2.--Statistics for Selected Pollutants Reported by Oil and Gas Extraction Facilities Submitting Part II Sampling Datai (mg/L)                             
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                Pollutant                   No. of          No. of samples           Mean               Minimum             Maximum             Median          95th percentile     99th Percentile 
    ----------------------------------    facilities    --------------------------------------------------------------------------------------------------------------------------------------------
                                      ------------------                                                                                                                                            
               Sample type               Grab   Comp ii    Grab      Comp       Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5.............................       34       32       39          37     13.9      10.7       0.0       0.0     116.0      90.0      10.4       7.0      32.9      26.8      52.9      44.8 
    COD..............................       35       32       40          35    138.3     112.2      14.0       0.0    1050.0     450.0      78.5      78.0     401.9     330.4     755.3     601.4 
    Nitrate + Nitrite Nitrogen.......       34       31       39          35      0.47      0.54      0.00      0.00      5.50      9.90      0.15      0.09      2.06      2.10      6.17      7.15
    Total Kjeldahl Nitrogen..........       35       32       40          34      1.31      1.52      0.00      0.00      9.00     14.50      0.69      0.83      4.68      5.49      9.75     12.56
    Oil & Grease.....................       35      N/A       40         N/A      9.4     N/A         0.0     N/A       189.0     N/A         3.0     N/A        24.7     N/A        56.0     N/A   
    pH...............................       34      N/A       40         N/A    N/A       N/A         5.9     N/A        11.3     N/A         7.2     N/A         9.2     N/A        10.0     N/A   
    Total Phosphorus.................       35       32       40          37     16.17      3.98      0.00      0.00    149.72     50.74      0.20      0.16     68.03     20.01    461.08    102.13
    Total Suspended Solids...........       35       32       41          34    332       369         3         1      1657      4186        70        40      1820      1831      6110      7869   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    3. Options for Controlling Pollutants
        In evaluating options for controlling pollutants in storm water 
    discharges, EPA must achieve compliance with the technology-based 
    standards of the Clean Water Act [Best Available Technology (BAT) and 
    Best Conventional Technology (BCT)]. The Agency does not believe it is 
    necessary to establish specific numeric effluent limitations or a 
    specific design or performance standard in this section for storm water 
    discharges associated with industrial activity from oil and gas 
    facilities to meet the BAT/BCT standards of the Clean Water Act. Rather 
    than setting limits, this section establishes requirements for the 
    development and implementation of a site-specific storm water pollution 
    prevention plan consisting of a set of BMPs that are sufficiently 
    flexible to address different sources of pollutants at different sites. 
    
    
    [[Page 50916]]
    
        The selection of the most effective BMPs will be based on site-
    specific considerations such as: facility size, climate, geographic 
    location, geology/hydrology and the environmental setting of each 
    facility, and volume and type of discharge generated. Each facility 
    will be unique in that the source, type and volume of contaminated 
    storm water discharges will differ. In addition, the fate and transport 
    of pollutants in these discharges will vary. EPA believes that the 
    management practices discussed herein are well suited mechanisms to 
    prevent or control the contamination of storm water discharges 
    associated with facilities in this category.
        Two types of BMPs which may be implemented to prevent, reduce or 
    eliminate pollutants in storm water discharges are those which minimize 
    exposure (e.g., covering, curbing, or diking) and treatment type BMPs 
    which are used to reduce or remove pollutants in storm water discharges 
    (e.g., oil/water separators, sediment basins, or detention ponds). EPA 
    believes exposure minimization is an effective practice for reducing 
    pollutants in storm water discharges from oil and gas facilities. 
    Exposure minimization practices lessen the potential for storm water to 
    come in contact with pollutants. These methods are often uncomplicated 
    and inexpensive. They can be easy to implement and require little or no 
    maintenance. EPA also believes that in some instances more resource 
    intensive treatment type BMPs are appropriate to reduce pollutants such 
    as suspended solids and oil/grease in storm water discharges associated 
    with oil and gas facilities. Though these BMPs are somewhat more 
    resource intensive, they can be effective in reducing pollutant loads 
    and may be necessary depending on the type of discharge, types and 
    concentrations of contaminants, and volume of flow.
        The types of BMPs used may depend upon the methods of waste 
    management utilized at a facility. Waste management and disposal 
    practices at oil and gas facilities may vary significantly. For 
    example, techniques for disposal of produced water and associated 
    wastes include the following: landfarming/spreading (spreading wastes 
    on land surfaces to stimulate biological degradation); backfilling 
    (storing wastes in a pit and then covering with dirt or other 
    materials); evaporation (in more arid parts of the country, liquid 
    wastes are left exposed and eventually evaporate or percolate into the 
    ground); discharging wastes (sometimes treated) to waters of the United 
    States (NPDES permits are required for such discharges); injection 
    (injecting wastes back into the ground for disposal); and offsite 
    disposal (wastes are taken offsite to a commercial facility for 
    disposal).
        The pollutants of concern and the BMPs employed at an oil and gas 
    facility depend upon which, if any, of the disposal techniques listed 
    above are utilized. Where wastes are used for onsite road application, 
    for example, all pollutant constituents of that waste need to be 
    considered a potential contributor to contaminated storm water 
    discharges. In addition, the areas at the facility where road 
    application occurs must also be considered when BMPs are being 
    implemented. In contrast, if all waste is taken to an offsite disposal 
    facility, the waste will most likely not affect the storm water 
    discharges and the areas of concern will not be expanded.
        Table I-3 lists some BMPs which may be effective in limiting the 
    amount of pollutants in storm water discharges from oil and gas 
    facilities. The BMPs listed are not necessarily required to be 
    implemented. Rather, BMPs should be chosen based on the specific nature 
    of the storm water discharges at each oil and gas facility and 
    implemented as appropriate. Some of these BMPs involve reducing the 
    amount of waste produced and stored onsite which can potentially 
    contaminate storm water. Based on part 1 information, several of the 
    BMPs suggested are already in place at many of the facilities. Part 1 
    submittals indicate that diking or other types of diversion occur at 
    approximately 57 percent of the sampling facilities. Thirty percent of 
    the sampling facilities noted that they use some form of covering as a 
    BMP, and catch basins are in place at 12 percent of the sampling 
    facilities. In addition, 11 percent of the facilities designated as 
    samplers in part 1 information reported they had a Spill Prevention 
    Control and Countermeasure Plan in place, and 16 percent had a material 
    management plan.
    
              Table I-3.--Suggested BMPs for Oil and Gas Facilities         
    ------------------------------------------------------------------------
                                 Suggested BMPs                             
    -------------------------------------------------------------------------
    Utilize diking and other forms of containment and diversion around      
     storage tanks, drums of oil, acid, production chemicals, and liquids,  
     reserve pits, and impoundments.                                        
    Use diking and other forms of containment and diversion around material 
     handling and processing areas.                                         
    Use porous pads under drum and tank storage areas.                      
    Use covers and/or lining for waste reserve and sludge pits to avoid     
     overflows and leaks.                                                   
    Use drip pans, catch basins, or liners during handling of materials such
     as tank bottoms.                                                       
    Reinject or treat produced water instead of discharging it.             
    Limit the amount of land disturbed during construction of access roads  
     and facilities.                                                        
    Employ spill plans for pipelines, tanks, drums, etc.                    
    Recycle oily wastes, drilling fluids and other materials onsite, or     
     dispose of properly.                                                   
    Take wastes offsite to be disposed of instead of burying them.          
    Use oil water separators.                                               
    ------------------------------------------------------------------------
    
    4. Special Conditions
        There are no additional requirements beyond those described in Part 
    VI.B. of this fact sheet.
    5. Storm Water Pollution Prevention Plan Requirements
        a. Contents of the Plan. Specific requirements for the pollution 
    prevention plan for oil and gas extraction facilities are described 
    below. These requirements must be implemented in addition to the common 
    prevention plan provisions discussed in Section VI.C. of this fact 
    sheet.
        (1) Description of Potential Pollutant Sources. Facilities under 
    this section cover a broad range of oil field activities and service 
    industries.
        Drilling sites have large disturbed areas which will contribute 
    additional sediments and suspended solids to the storm water runoff. 
    Well drilling 
    
    [[Page 50917]]
    includes the use of many hazardous chemicals and materials. These 
    include drilling muds, well casing cement, fractionating gels, and well 
    treatments. The storage, mixing, and handling of these materials are 
    potential pollutant sources.
        Oil field service industries provide a variety of services for 
    exploration and production activities. These service industries often 
    store and mix chemicals for drilling muds, well casing cement, 
    fractionating gels, and well treatments at the facility. The storage 
    and mixing areas are potential pollutant sources. Often, mixing areas 
    and equipment are exposed to storm water. Many oil field service 
    facilities manufacture some oil field equipment components. The exposed 
    raw materials, intermediate products, finished products, and waste 
    products are potential sources of pollutants in storm water.
        In its description of potential pollutant sources, a facility must 
    include information about the RQ release which triggered the permit 
    application requirements. Such information must include: the nature of 
    the release (e.g., spill of oil from a drum storage area); the amount 
    of oil or hazardous substance released; amount of substance recovered; 
    date of the release; cause of the release (e.g., poor handling 
    techniques as well as lack of containment in area); area affected by 
    release, including land and waters; procedure to cleanup release; and 
    remaining potential contamination of storm water from release.
        (2) Measures and Controls.
        (a) RQ Releases--The permittee must describe the measures taken to 
    clean up RQ releases or related spills of materials, as well as 
    measures proposed to avoid future releases of RQs. Such measures may 
    include, among others: improved handling or storage techniques; 
    containment around handling areas of liquid materials; and use of 
    improved spill cleanup materials and techniques.
        (b) Vehicle and Equipment Storage Areas--Vehicles and equipment 
    associated with oil field activity are often coated with oil, oil field 
    drilling muds, and the chemicals associated with drilling. These 
    vehicles and equipment are a significant source of pollutants. The 
    permittee must address these areas, and institute practices to minimize 
    pollutant runoff from this area.
        (c) Vehicle and Equipment Cleaning and Maintenance Areas--The plan 
    must describe measures that prevent or minimize contamination of the 
    storm water runoff from all areas used for vehicle and equipment 
    cleaning. The facility may consider performing all cleaning operations 
    indoors, covering the cleaning operation, and/or collecting the storm 
    water runoff from the cleaning area and providing treatment or 
    recycling. These cleaning and maintenance activities can result in the 
    exposure of cleaning solvents, detergents, oil and grease and other 
    chemicals to storm water runoff. The use of drip pans, maintaining an 
    organized inventory of materials used in the shop, draining all parts 
    of fluids prior to disposal, prohibiting the practice of hosing down 
    the shop floor where the practice would result in the exposure of 
    pollutants to storm water, using dry cleanup methods, and/or collecting 
    the storm water runoff from the maintenance area and providing 
    treatment or recycling may reduce the pollutants discharged in storm 
    water runoff.
        (d) Materials Storage Areas--Storage units of all chemicals and 
    materials (e.g., fuels, oils, used filters, spent solvents, paint 
    wastes, radiator fluids, transmission fluids, hydraulic fluids, 
    detergents drilling mud components, acids, organic additives) may 
    result in the contamination of storm water discharges. Labeling of all 
    storage containers helps facility personnel to respond effectively to 
    spills or leaks. Additionally, covered storage of the materials and/or 
    installation of berming and diking at the area can be effective BMPs.
        (e) Chemical Mixing Areas--Chemical mixing (e.g., the mixing of 
    drilling muds, fractionating gels, mixing well casing cement, and well 
    treatment acids and solvents) at both well sites and at facilities with 
    service drilling activities have significant potential to contaminate 
    storm water runoff. The facility should consider covering the mixing 
    area, using spill and overflow protection, minimizing runon of storm 
    water to the mixing area, using dry cleanup methods, and/or collecting 
    the storm water runoff and providing treatment or recycling. The 
    facility should consider installation of berming and diking of the 
    area. The waste water pollutants associated with produced waters, 
    drilling muds, drill cuttings and produced sand from any source 
    associated with onshore oil and gas production, field exploration, 
    drilling, well completion, or well treatment are prohibited from being 
    discharged (40 CFR 435.32).
        (f) Preventive Maintenance--The preventive maintenance program must 
    include the inspection of all onsite and offsite mixing tanks and 
    equipment, and inspection of all vehicles which carry supplies and 
    chemicals to oil field activities. These mixing tanks and vehicles 
    carry large volumes of fractionating chemicals and gels, cements, 
    drilling muds, and well treatment chemicals and acids that potentially 
    may contaminate waters of the United States if leaks or spills occur.
        (g) Inspection Frequency--All equipment and areas addressed in the 
    pollution prevention plan shall be inspected semiannually. Equipment 
    and vehicles which store, mix or transport hazardous materials will be 
    inspected quarterly. Inspections shall also include the inspection of 
    all onsite mixing tanks and equipment, and inspection of all vehicles 
    which carry supplies and chemicals to oil field activities. These 
    mixing tanks and vehicles carry large volumes of fractionating 
    chemicals and gels, cements, drilling muds, and well treatment 
    chemicals and acids that potentially may contaminate waters of the 
    United States if leaks or spills occur.
    6. Numeric Effluent Limitation
        There are no additional numerical effluent limitations beyond those 
    listed in Part V.B. of today's permit.
    7. Monitoring and Reporting Requirements
        a. Monitoring Requirements. The regulatory modifications at 40 CFR 
    122.44 (i)(2) established on April 2, 1992, grant permit writers the 
    flexibility to reduce monitoring requirements in storm water discharge 
    permits. EPA has determined that the potential for storm water 
    discharges to contain pollutants above benchmark levels, because of the 
    industrial activities and materials exposed to precipitation, does not 
    support sampling at oil and gas facilities. Based on a consideration of 
    the BMPs typically used at these facilities, and generally low 
    pollutant values from the application data, EPA believes that the 
    pollution prevention plan with visual examinations of storm water 
    discharges will help to ensure storm water contamination is minimized. 
    Because permittees are not required to conduct sampling, they will be 
    able to focus their resources on developing and implementing the 
    pollution prevention plan.
        Quarterly visual examinations of a storm water discharge from each 
    outfall are required at oil and gas facilities. The examination must be 
    of a grab sample collected from each storm water outfall. The 
    examination of storm water grab samples shall include any observations 
    of color, odor, turbidity, floating solids, foam, oil sheen, or other 
    obvious indicators of storm water pollution. The examination must be 
    conducted in a well lit area. No analytical tests are 
    
    [[Page 50918]]
    required to be performed on these samples.
        The examination must be made at least once in each designated 
    period during daylight hours unless there is insufficient rainfall or 
    snow-melt to produce a runoff. Whenever practicable, the same 
    individual should carry out the collection and examination of 
    discharges throughout the life of the permit to ensure the greatest 
    degree of consistency possible. Examinations shall be conducted in each 
    of the following periods for the purposes of visually inspecting storm 
    water quality associated with storm water runoff and snow melt: January 
    through March; April through June; July through September; October 
    through December. Grab samples shall be collected within the first 30 
    minutes (or as soon thereafter as practical, but not to exceed 60 
    minutes) of when the runoff begins discharging. Reports of the visual 
    examination include: the examination date and time, examination 
    personnel, visual quality of the storm water discharge, and probable 
    sources of any observed storm water contamination. The visual 
    examination reports must be maintained onsite with the pollution 
    prevention plan.
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly visual examination.
        EPA believes that this quick and simple assessment will help the 
    permittee to determine the effectiveness of his/her plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the chemical properties of the storm water discharged from the 
    site, the examination will provide meaningful results upon which the 
    facility may act quickly. The frequency of this visual examination will 
    also allow for timely adjustments to be made to the plan. If BMPs are 
    performing ineffectively, corrective action must be implemented. A set 
    of tracking or follow-up procedures must be used to ensure that 
    appropriate actions are taken in response to the examinations. The 
    visual examination is intended to be performed by members of the 
    pollution prevention team. This hands-on examination will enhance the 
    staff's understanding of the storm water problems on that site and the 
    effects of the management practices that are included in the plan.
        When a discharger is unable to collect samples over the course of 
    the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examination. Adverse weather conditions which may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        As discussed above, EPA does not believe that chemical monitoring 
    is necessary for oil and gas facilities. EPA believes that between 
    quarterly visual examinations and site compliance evaluations potential 
    sources of contaminants can be recognized, addressed, and then 
    controlled with BMPs. In determining the monitoring requirements, EPA 
    considered the nature of the industrial activities and significant 
    materials exposed at these sites, and performed a review of data 
    provided in Part 2 group applications.
    
    J. Storm Water Discharges Associated With Industrial Activity From 
    Mineral Mining and Processing Facilities
    
    1. Industry Profile
        On November 16, 1990 (55 FR 47990), EPA promulgated the regulatory 
    definition of ``storm water discharges associated with industrial 
    activity.'' This definition included point source discharges of storm 
    water from eleven major categories of facilities, including: ``* * * 
    (iii) facilities classified as Standard Industrial Classifications 10 
    through 14 (mineral industry) including active or inactive mining 
    operations (except for areas of coal mining operations no longer 
    meeting the definition of a reclamation area under 40 CFR 434.11(l) 
    because the performance bond issued to the facility by the appropriate 
    SMCRA authority has been released, or except for areas of noncoal 
    mining operations which have been released from applicable State or 
    Federal reclamation requirements after December 17, 1990) and oil and 
    gas exploration, production, processing, or treatment operations, or 
    storm water contaminated by contact with, any overburden, raw material, 
    intermediate products, finished products, by-products or waste products 
    located on the site of such operations.''
        This section only covers storm water discharges associated with 
    industrial activities from active and inactive mineral mining and 
    processing facilities. Mineral mining and processing facilities 
    eligible to seek coverage under this section include the following 
    types of operations: Dimension Stone (SIC Code 1411); Crushed and 
    Broken Limestone (SIC Code 1422); Crushed and Broken Granite (SIC Code 
    1423); Crushed and Broken Stone (SIC Code 1429); Construction Sand and 
    Gravel (SIC Code 1442); Industrial Sand and Gravel (SIC Code 1446); 
    Kaolin and Ball Clay (SIC Code 1455); Clay, Ceramic, and Refractory 
    Minerals (SIC Code 1459); Potash, Soda, and Borate Minerals (SIC Code 
    1474); Phosphate Rock (SIC Code 1475); Chemical and Fertilizer Mineral 
    Mining (SIC Code 1479); and Miscellaneous Nonmetallic Minerals, Except 
    Fuels (SIC Code 1499).
        Storm water discharges covered by this section include all 
    discharges where precipitation and storm water runon come into contact 
    with significant materials including, but not limited to, raw 
    materials, waste products, by-products, overburden, stored materials, 
    and fuels. This includes storm water discharges from haul roads, access 
    roads, and rail lines used or traveled by carriers of raw materials, 
    manufactured products, waste materials, or by-products created by the 
    facility.
        This permit may authorize storm water discharges associated with 
    industrial activity that are mixed with storm water discharges 
    associated with industrial activity from construction activities, 
    provided that the storm water discharge from the construction activity 
    is in compliance with the terms, including applicable Notice of Intent 
    (NOI) or application requirements, of a different NPDES general permit 
    or individual permit authorizing such discharges.
        This section does not cover any discharge subject to effluent 
    limitation guidelines, unless otherwise specified, including storm 
    water that combines with process wastewater. Storm water that does not 
    come into contact with any overburden, raw material, intermediate 
    product, finished product, by-product, or waste product located on the 
    site of the operation are not subject to permitting under this section 
    according to Section 402(l)(2) of the Clean Water Act. Today's permit 
    contains additional coverage provisions applicable only to mineral 
    mining and processing facilities located in Region VI and Region IX 
    (the States of Louisiana, New Mexico, Oklahoma, and Texas and Arizona). 
    Mine dewatering discharges, which are composed entirely of storm water 
    or ground water seepage, and that are not commingled with any process 
    waste water from 
    
    [[Page 50919]]
    construction sand and gravel, industrial sand, and crushed stone mine 
    facilities located in Region VI and Region IX are eligible for coverage 
    under today's permit. Such discharges, however, are subject to the 
    numeric limitations and compliance monitoring provisions listed in the 
    permit.
        This section is applicable to all phases of mining operations, 
    whether active or inactive, as long as there is exposure to significant 
    materials. This includes land disturbance activities such as the 
    expansion of current extraction sites, active and inactive mining 
    stages, and reclamation activities.
        This section does not apply to storm water discharges from inactive 
    mining operations occurring on Federal lands, unless an operator can be 
    identified. These discharges are more appropriately covered under a 
    permit currently being developed by EPA.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        There are typically three phases to a mining operation: the 
    exploration and construction phase; the active phase; and the 
    reclamation phase. The exploration and construction phase entails 
    exploration and a certain amount of land disturbance to determine the 
    financial viability of a site. Construction includes building of site 
    access roads, and removal of overburden and waste rock to expose 
    minable ore. These land-disturbing activities are significant potential 
    sources of storm water contaminants. The active phase includes each 
    step from extraction through production of a saleable product. The 
    active phase may include periods of inactivity due to the seasonal 
    nature of these mineral mining activities. The final phase of 
    reclamation is intended to return the land to its pre-mining state.
        Because of the land-disturbing nature of the mineral mining and 
    processing industry, contaminants of concern generated by industrial 
    activities in this industry include total suspended solids (TSS), total 
    dissolved solids (TDS), turbidity, and pH. Table J-1 lists potential 
    pollutant source activities, and related pollutants associated with 
    mineral mining and processing facilities.
        Industrial activities, significant materials, and material 
    management practices associated with mineral mining and processing 
    methods are typically similar, varying only in the type of rock being 
    mined. Examples of mineral commodities obtained from mineral mining and 
    processing facilities include: crushed stone; construction sand and 
    gravel; industrial sand; gypsum; asphaltic minerals; asbestos and 
    wollastonite; lightweight aggregates; mica and sericite; barite; 
    fluorspar; salines from brine lakes; borax minerals; potash; sodium 
    sulfate; trona; rock salt; phosphate rock; frasch sulfur; mineral 
    pigments; lithium; bentonite; magnesite; diatomite; jade; novaculite; 
    fire clay; attapulite and montmorillonite; kyanite; shale and common 
    clay; aplite; tripoli; kaolin; ball clay; feldspar; talc, steatite, 
    soapstone and pyrophylite; garnet; and graphite.
        Industrial activities include, ``* * * but [are] not limited to, 
    storm water discharges from industrial plant yards; immediate access 
    roads and rail lines used or traveled by carriers of raw materials, 
    manufactured products, waste material, or by-products used or created 
    by the facility; material handling sites; refuse sites; sites used for 
    the application or disposal of process wastewaters (as defined at 40 
    CFR Part 401); sites used for the storage and maintenance of material 
    handling equipment; sites used for residual treatment, storage, or 
    disposal; shipping and receiving areas; manufacturing buildings; 
    storage areas (including tank farms) for raw materials and intermediate 
    and finished materials; and areas where industrial activity has taken 
    place in the past and significant materials remain and are exposed to 
    storm water'' (40 CFR 122.26(b)(14)). The most common industrial 
    activities at mineral mine sites include extraction of the mineral, 
    material sizing by crushers, material sorting, and product washing.
    
            Table J-1.--Activities, Pollutant Sources, and Pollutants       
    ------------------------------------------------------------------------
          Activity            Pollutant source              Pollutant       
    ------------------------------------------------------------------------
    Site Preparation....  Road Construction.......  Dust, TSS, TDS,         
                                                     turbidity.             
                          Removal of Overburden...  Dust, TSS, TDS,         
                                                     turbidity.             
                          Removal of waste rock to  Dust, TSS, TDS,         
                           expose the mineral body.  turbidity.             
    Mineral Extraction..  Blasting activities.....  Dust, TSS.              
    Mineral Processing    Rock Sorting............  Dust, TSS, TDS,         
     Activities.                                     turbidity, fines.      
                          Rock Crushing...........  Dust, TSS, TDS,         
                                                     turbidity, fines.      
                          Rock Washing............  TSS, TDS, turbidity, pH.
                          Raw Material Storage....  Dust, TSS, TDS,         
                                                     turbidity.             
                          Waste Rock Storage......  Dust, TSS, TDS,         
                                                     turbidity, pH.         
                          Raw Material Loading....  Dust, TSS, TDS,         
                                                     turbidity.             
                          Processing materials      Diesel fuel, gasoline,  
                           unloading.                oil, lime.             
                          Raw or Waste Material     Dust, TSS, TDS,         
                           Transportation.           turbidity.             
    Other Activities....  Sedimentation pond        TSS, TDS, turbidity, pH.
                           upsets.                                          
                          Sedimentation pond        Dust, TSS, TDS,         
                           sludge removal and        turbidity, pH.         
                           disposal.                                        
                          Air emission control      Dust, TSS, TDS,         
                           cleaning.                 turbidity.             
    Equipment/Vehicle     Fueling activities......  Diesel fuel, gasoline,  
     Maintenance.                                    oil.                   
                          Parts cleaning..........  Solvents, oil, heavy    
                                                     metals, acid/alkaline  
                                                     wastes.                
                          Waste disposal of oily    Oil, heavy metals,      
                           rags, oil and gas         solvents, acids.       
                           filters, batteries,                              
                           coolants, degreasers.                            
                          Fluid replacement         Oil, arsenic, lead,     
                           including hydraulic       cadmium, chromium,     
                           fluid, oil,               benzene, TCA, TCE,     
                           transmission fluid,       PAHs, solvents.        
                           radiator fluids, and                             
                           grease.                                          
    Reclamation           Site preparation for      Dust, TSS, TDS,         
     Activities.           stabilization.            turbidity.             
    
    [[Page 50920]]
                                                                            
                          Fertilizers.............  Nitrogen, phosphorus.   
    ------------------------------------------------------------------------
    Sources: Storm water group applications, Part 1 and 2 and EPA.          
      ``Development Document on the Mineral Mining and Processing Point     
      Source Category.'' (EPA 440/1-76/059b). July 1979.                    
    
    
        Significant materials include, ``* * * but [are] not limited to: 
    raw materials, fuels, materials such as solvents, detergents, and 
    plastic pellets; finished materials such as metallic products; * * * 
    hazardous substances designated under Section 101(14) of CERCLA; any 
    chemical facilities required to report pursuant to Section 313 of Title 
    III of SARA; fertilizers; pesticides; and waste products such as ashes, 
    slag, and sludge that have the potential to be released with storm 
    water discharge'' (40 CFR 122.26(b)(12)). Significant materials 
    commonly found at mining facilities include: overburden; waste rock; 
    sub-ore piles; tailings; petroleum-based products; solvents and 
    detergents; manufactured products; and other waste materials.
        Materials management practices are defined as those practices 
    employed to diminish contact by significant materials with 
    precipitation and storm water runon, or practices utilized to reduce 
    the offsite discharge of contaminants. To this end, sediment ponds, 
    discharge diversion techniques, as well as methods of dispersion, are 
    used to minimize impacts of significant materials on storm water. For 
    mine sites requiring additional sources of water for processing 
    operations, rainfall events as well as storm water runon will be 
    managed for use in dust suppression, processing, and washing 
    activities. Many mine sites are already equipped with sedimentation 
    ponds and other established process wastewater treatment methods in 
    order to meet effluent limitation guidelines. Additional storm water 
    management practices used at mineral mining facilities include: 
    discharge diversions; drainage/storm water conveyances; runoff 
    dispersion; sediment control and collection practices; vegetation/soil 
    stabilization; and capping contaminated sources.
        Nonmetallic minerals are recovered using four basic forms of 
    extraction techniques: open pit, open face or quarry mining; dredging; 
    solution mining; and underground mining. Each type of extraction method 
    may be followed by varying methods of beneficiation and processing. 
    Presented below are brief descriptions of the industrial activities, 
    significant materials, and materials management practices associated 
    with these four extraction processes and associated beneficiation 
    activities. Due to similarities in mining operations for many of the 
    minerals within this sector, industrial activities, significant 
    materials, and materials management practices are fairly uniform across 
    this sector. Unique practices are noted.
        a. Open Pit, Open Face, or Quarry Mining. Many mineral mining and 
    processing industries access mineral deposits using open pit, open face 
    or quarrying extraction techniques. For facilities producing dimension 
    stone, crushed and broken stone, construction and industrial sand and 
    gravel, clays, as well as other minerals (borate, phosphate, potash), 
    surface mining is generally the most economical form of extraction.
        (1) Industrial Activities. Extraction activities include removal of 
    overburden and waste rock to access mineral deposits. These land-
    disturbing activities generate piles of topsoil and other overburden as 
    well as waste rock, which are typically stored beside, or within, the 
    pit or quarry. In addition, land disturbance, blasting, crushing, and 
    materials handling activities create large amounts of dust that are 
    either dispersed by local wind patterns or collected in air pollution 
    control mechanisms. At closure, overburden and waste rock may or may 
    not be used to reclaim the pit or quarry depending on Federal, State 
    and local requirements. In addition, access roads and rail spurs, and 
    associated loading and unloading areas, are found onsite.
        Following extraction, the mined materials may be transferred to a 
    nearby beneficiation/processing facility or may be beneficiated within 
    the pit or quarry. At a beneficiation/processing facility, unfinished 
    materials may be subjected to dry or wet processing methods. Dry forms 
    of processing include crushing, grinding, sawing, and splitting of the 
    mined material. Wet processing may include simple washing, flotation, 
    or heavy media separation.
        (2) Significant Materials. Significant materials generated by most 
    extraction activities at open pit, open face, and quarry mines include 
    overburden piles, waste rock piles, ore and subore piles, and materials 
    spilled from loading and unloading activities. Other exposed materials 
    that can be generated at these types of operations (as well as other 
    mineral mines), include: tailings from flotation and other separation 
    stages; soils impacted by fugitive dust emissions; other process wastes 
    such as clays from phosphate mines; settling ponds that receive process 
    wastewaters; dredged sediment disposal areas; as well as raw material 
    and product storage. Dust and particulate matter collected in air 
    pollution control mechanisms may also be disposed of in onsite waste 
    piles.
        (3) Materials Management Practices. Materials management practices 
    at open pit or quarry mining facilities are typically designed to 
    control dust emissions and soil erosion from extraction activities, and 
    offsite transport of significant materials. At many facilities 
    structural Best Management Practices (BMPs) may have already been 
    implemented to manage process wastewaters subject to effluent 
    limitation guidelines. Settling ponds and impoundments are commonly 
    used to reduce Total Suspended Solids (TSS), Total Dissolved Solids 
    (TDS), and other contaminants in process generated wastewaters. These 
    controls may also be used to manage storm water runoff and runon with 
    potentially few alterations to onsite drainage systems. Some facilities 
    included in part 1 of the group applications reported the use of storm 
    water diversions to divert storm water away from pits and quarries, raw 
    material piles, overburden, and waste rock piles.
        Tailings impoundments are used to manage tailings generated at 
    facilities engaged in flotation or heavy media separation operations. 
    These impoundments are used to manage beneficiation/processing 
    wastewaters generated at the facility and may also be used to manage 
    storm water runoff.
        b. Dredging. Dredging is an extraction method used to access 
    nonmetallic mineral deposits located in quarries or pits (where 
    completely or partially below the water table); in rivers; or 
    estuaries; or offshore, in open bays or sounds. For these types of 
    operations, ore is recovered using scooping devices and suction 
    dredges. Minerals commonly excavated by dredging include sand and 
    gravel, and calcium carbonate. 
    
    [[Page 50921]]
    
        (1) Industrial Activities. The industrial activities at dredging 
    facilities include excavation of ore from underwater deposits (e.g., in 
    stream beds of perennial or ephemeral streams) by dredges. Processing 
    operations may occur on the dredge barges or at adjacent facilities. 
    On-board processing activities may include: screening; crushing of 
    oversized material; washing; sand classification with hydraulic 
    classifying tanks; gravel sizing; heavy media separation; and product 
    loading/unloading.
        Dredges that do not perform on-board processing operations load raw 
    material on a tow-barge for transport to a land-based processing 
    facility. Processing at land facilities typically includes washing to 
    remove clay and other impurities; screening; sizing; crushing; 
    classifying; and heavy media separation.
        (2) Significant Materials. Significant materials generated at 
    dredging facilities include ore material piles, waste material piles of 
    oversized, or otherwise unusable materials, and float waste from heavy 
    media separation. Clays and undersized fines are dredging waste by-
    products that may be returned to the water but may also be stored in 
    piles. Sand fines from gravel crushing operations that cannot be sold, 
    are a major source of exposed waste material at land-based processing 
    facilities. In addition, land-based facilities may also manage dredged 
    sediments removed from onsite settling ponds. Haul roads, storage 
    piles, on-land waste piles, processing operations, and loading/
    unloading operations are other potential sources of storm water 
    pollutants at these facilities.
        (3) Materials Management Practices. Hydraulic dredging operations 
    in open pits or quarries, or land-based processing facilities, use 
    settling ponds for the removal of clay particles, fines, and impurities 
    from process wastewaters. These ponds may also be used to manage 
    contaminated storm water runoff. Water from the settling ponds or 
    basins may be returned to the wet pit to maintain water levels in the 
    pit, or may be discharged offsite. Worked out pits may also be used to 
    contain solid wastes such as fines and oversized materials. These pits 
    are another potential source of storm water contamination in the event 
    of heavy precipitation and subsequent overflow.
        Dredging operations in open waters typically discharge process 
    wastewater containing fines to the water body without treatment under 
    the operator's Clean Water Act Section 404 permit.
        c. Solution Mining. Solution mining extracts minerals from hard 
    rock mineral or natural brine sources by underground injection of a 
    lixiviant into the ore zone. Minerals are recovered from solution, 
    after the solution is brought to the surface, through evaporation or 
    flotation. Since most solution mining extraction activities occur 
    underground using water to extract values, the potential for these 
    mineral deposits to be exposed to storm water is minimal. However, at 
    the surface of solution mining operations, industrial activities and 
    significant materials, such as haul roads, chemical storage areas, and 
    raw material piles, are common to most sites. These industrial 
    activities and significant materials are all susceptible to storm water 
    exposure and require appropriate storm water management controls.
        Descriptions of industrial activities performed by each type of 
    solution mining are provided below. Since the mineral deposits are not 
    exposed to storm water for this type of mining, ``industrial 
    activities'' describes the type of extraction method used to obtain 
    minerals, not activities susceptible to storm water exposure. 
    Significant materials, and materials management practices do refer to 
    those materials exposed to storm water, and to the subsequent 
    management practices used to control storm water.
        Some of the minerals extracted using solution mining include: 
    potash; soda; rock salt; borate minerals; chemical and fertilizer 
    minerals such as barite, fluorspar, salines from lake brines; lithium; 
    and mineral pigments. Many of these minerals may also be recovered 
    using surface and/or underground extraction methods.
        (1) Solution Mining--Injection.
        (a) Industrial Activities--Rock salt and potash minerals may be 
    recovered by injecting water into subsurface deposits and removing 
    minerals in solution. Water is injected through a cased pipe drilled 
    into a deposit. Saturated solution is then pumped to the surface for 
    processing or storage. Processing may include evaporation, and/or 
    flotation to separate the final product.
        (b) Significant Materials--Significant materials at an injection 
    solution mining site may include product storage piles, chemical 
    storage areas, and haul roads. Very little extracted solution remains 
    onsite, since it is often re-injected into the formation.
        (c) Materials Management Practices--Solution mining facilities 
    typically operate in arid regions, and are able to use solar 
    evaporation ponds to recover minerals from solution. Due to typically 
    low precipitation and high evaporation rates in these areas, storm 
    water materials management practices may not be prevalent.
        (2) Solution Mining--Frasch Sulfur.
        (a) Industrial Activities--Sulfur is recovered from deposits using 
    the Frasch sulfur process, which injects hot, purified, water into the 
    subsurface to melt the mineral. Molten sulfur is pumped directly to 
    heated tanks at the surface to maintain a saleable product in liquid 
    form.
        (b) Significant Materials--Significant materials generated from 
    Frasch sulfur mining include elemental sulfur, scrap sulfur, tank 
    bottoms, water treatment sludge, bleedwater produced from bleed wells 
    used to remove excess injection water, and drilling wastes such as 
    muds, acidizing fluids and well workover fluids. Since molten sulfur 
    product is piped directly from underground to enclosed storage tanks on 
    the surface, it is not exposed to storm water.
        (c) Materials Management Practices--Solid wastes such as elemental 
    and scrap sulfur, tank bottoms, and water treatment sludge may be 
    disposed of in onsite piles. Liquid wastes such as bleedwater, drilling 
    muds, acidizing fluids and workover fluids are typically disposed of in 
    reserve pits and/or workover pits. At the completion of drilling, pit 
    contents may be dried prior to being covered by a liner and buried. 
    Accumulated solids from these pits may also be mixed with clay for use 
    as an additive in drilling muds.
        Rainfall runoff and boiler blowdown may be discharged offsite 
    without treatment. Other waste generated at these facilities include 
    power plant wastes and wastewaters, wastewater from sealing wells, 
    sanitary wastes, and miscellaneous other wastewaters collected in drips 
    and drains.
        (3) Solution Mining--Evaporation.
        (a) Industrial Activities--Another form of solution mining uses 
    evaporation and crystallization of saline waters to produce minerals. 
    Potash, soda, borate, and other minerals, are produced from naturally 
    occurring fluids such as sea water, or from evaporite mineral deposits 
    such as western lake brines. Brines are typically pumped from beneath 
    the crystallized surface of a lake and processed by evaporation and 
    crystallization. Recovered salts are washed, dried and packaged for 
    shipment.
        (b) Significant Materials/Materials Management Practices--
    Significant materials associated with these facilities include raw 
    material piles, evaporation ponds, and residual brines consisting of 
    salts and end liquors, including various added process wastewaters. 
    Residual brines generated may be left in solar 
    
    [[Page 50922]]
    evaporation ponds or dissolved and returned to the lake or injection 
    wells.
        d. Underground Mining. Underground mining techniques are used to 
    access mineral deposits located too far underground to access 
    economically from the surface. Though typically a more expensive form 
    of extraction, advantages to underground mining operations include 
    year-round operation, less noise (applicable to facilities located near 
    residential areas), and less surface land disturbance. While most 
    nonmetallic minerals are extracted from surface operations, some 
    minerals existing in bedded or other sedimentary deposits may be 
    accessed by underground extraction techniques. Potash, salt, soda, and 
    borate minerals, as well as chemical and fertilizer minerals, are some 
    of the minerals extracted using this mining method.
        (1) Industrial Activities/Significant Materials. Industrial 
    activities that may be associated with storm water discharges include: 
    loading/unloading activities; haul roads; products and materials 
    storage; waste piles; and processing activities. Exposed materials 
    associated with surface beneficiation and processing facilities at 
    underground mines are similar to those associated with open pit, open 
    face, and quarrying facilities.
        (2) Materials Management Practices. Materials management practices 
    for significant materials at the surface of underground mining 
    facilities are similar to those materials management practices used at 
    open pit, open face, and quarrying operations.
        e. Inactive Mine Sites. Inactive mineral mining and processing 
    operations are those where industrial activities are no longer 
    occurring. When active, mineral extraction could have occurred from 
    open pits or open face mines, solution mines, dredging operations, or 
    underground mines. These sites are included in this section because 
    significant materials may remain onsite. These materials, if exposed, 
    are potential sources of storm water pollutants. Until an inactive 
    mineral mining and processing facility has been reclaimed under 
    applicable State or Federal laws, the site is considered associated 
    with an ``industrial activity'' and is subject to this section. Due to 
    the seasonal nature of this industry, many mine sites can become 
    temporarily inactive for extended periods.
    2. Pollutants in Storm Water Discharges Associated With Mineral Mining 
    and Processing Facilities
        Impacts caused by storm water discharges from active and inactive 
    mineral mining and processing operations will vary. Several factors 
    influence to what extent significant materials from mineral mining and 
    processing operations may affect water quality. Such factors include: 
    geographic location; hydrogeology; the type of mineral extracted; the 
    mineralogy of the extracted resource and the surrounding rock; how the 
    mineral was extracted (e.g., quarrying/open face, dredging, solution, 
    or underground mining operations); the type of industrial activities 
    occurring onsite (e.g., extraction, crushing, washing, processing, 
    reclamation etc.); the size of the operation; and type, duration, and 
    intensity of precipitation events. Each of these and other factors will 
    interact to influence the quantity and quality of storm water runoff. 
    For example, air emissions (i.e., settled dust) may be a significant 
    source of pollutants at some facilities while materials storage is a 
    primary source at others. In addition, sources of pollutants other than 
    storm water, such as illicit connections,71 spills, and other 
    improperly dumped materials, may increase the pollutant loadings 
    discharged into waters of the United States.
    
        \71\ Illicit connections are contributions of unpermitted non-
    storm water discharges to storm sewers from any of a number of 
    sources including sanitary sewers, industrial facilities, commercial 
    establishments, or residential dwellings. The probability of illicit 
    connections at mineral mining and processing facilities is low yet 
    it still may be applicable at some operations.
    ---------------------------------------------------------------------------
    
        The part 2 group application data requirements did not identify 
    individual site characteristics which may be responsible for elevated 
    or insignificant conventional pollutant loadings.
        Based on the wide variety of industrial activities and significant 
    materials at the facilities included in this sector, EPA believes it is 
    appropriate to divide the mineral mining and processing industry into 
    subsectors to properly analyze sampling data and determine monitoring 
    requirements. As a result, this sector has been divided into the 
    following subsectors: dimension stone, crushed stone mining and 
    nonmetallic minerals mining (except fuels); sand and gravel mining; 
    clay, ceramic, and refractory materials mining; chemical and fertilizer 
    mineral mining. The tables below include data for the eight pollutants 
    that all facilities were required to monitor for under Form 2F. The 
    tables also list those parameters that EPA has determined merit further 
    monitoring. A table has not been included for the following facilities 
    because less than 3 facilities submitted data in these subsectors: 
    clay, ceramic, and refractory materials mining; and chemical and 
    fertilizer mineral mining facilities.
    
                           Table J-2.--Statistics for Selected Pollutants Reported by Dimension Stone and Crushed Products Facilities Submitting Part II Sampling Datai (mg/L)                      
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
              Pollutant                No. of        No. of samples          Mean               Minimum              Maximum               Median           95th percentile       99th percentile   
    -----------------------------    facilities    -------------------------------------------------------------------------------------------------------------------------------------------------
                                 ------------------                                                                                                                                                 
             Sample type            Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp       Grab       Comp      Grab       Comp       Grab       Comp       Grab        Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5........................       12        8       15       11      6.3       7.0       0.0       0.0       22.3       16.0       4.0        6.0       19.4       16.9        36.1       25.4 
    COD.........................       12        8       16       10     37.9      46.4       0.0       0.0      140.0      140.0      33.0       44.0      136.1      159.8       243.3      284.8 
    Nitrate + Nitrite Nitrogen..        6        2       10        4      0.59      0.08      0.00      0.00       3.00       0.30      0.10       0.00       2.89        .          7.96        .  
    Total Kjeldahl Nitrogen.....       12        8       15       10      1.56      1.91      0.10      0.34       5.71       6.89      0.67       1.15       6.12       6.47       13.70      13.09
    Oil & Grease................       11      N/A       15      N/A      1.7     N/A         0.0     N/A         10.0      N/A         0.0      N/A          9.8      N/A          27.4      N/A   
    pH..........................       11      N/A       15      N/A    N/A       N/A         6.2     N/A          8.5      N/A         7.2      N/A          8.4      N/A           8.9      N/A   
    Total Phosphorus............       12        8       15       10      0.70      0.24      0.00      0.00       7.06       0.71      0.20       0.17       3.12       1.18       10.36       2.89
    Total Suspended Solids......       12        8       15       10   2522      1920         0         0      27100      13300       124        636      27188      10641      217687     38624    
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
                                                                                                                                                                                                    
    
    [[Page 50923]]
                                 Table J-3.--Statistics for Selected Pollutants Reported by Sand and Gravel Products Facilities Submitting Part II Sampling Datai (mg/L)                            
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                 Pollutant                   No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile      99th percentile  
    -----------------------------------    facilities    -------------------------------------------------------------------------------------------------------------------------------------------
                                       ------------------                                                                                                                                           
                Sample type               Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp       Grab       Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5..............................        8        5        9        5      6.4       8.7       0.0       0.0      35.0      17.0       3.3       7.4      27.8      23.1       67.0       34.5 
    COD...............................        7        5        8        5    145.9     102.8       0.0      12.0     404.0     185.0      54.2     116.0     635.5     441.5     1366.7      916.1 
    Nitrate + Nitrite Nitrogen........        7        5        8        5      1.56      3.31      0.00      0.54      9.00      8.80      0.41      1.63     11.56     12.50      44.19      25.92
    Total Kjeldahl Nitrogen...........        7        5        8        5      1.79      1.60      0.48      0.80      4.90      3.10      1.42      0.96      4.42      3.84       7.00       5.90
    Oil & Grease......................        8      N/A        9      N/A      1.3     N/A         0.0     N/A         5.9     N/A         0.0     N/A         5.1     N/A          8.0      N/A   
    pH................................        9      N/A       10      N/A    N/A       N/A         6.0     N/A        10.0     N/A         8.2     N/A        10.8     N/A         12.2      N/A   
    Total Phosphorus..................        7        5        8        5      1.39      1.07      0.04      0.11      4.69      2.61      0.53      1.10     10.02      5.50      37.75      13.65
    Total Suspended Solids............        7        5        8        5    503       519         0        13      2400      1400        97       232      3981      4367      19143     15278    
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
    3. Options for Controlling Pollutants
        There are two options for reducing pollutants in storm water 
    discharges: end-of-pipe treatment and implementing Best Management 
    Practices to prevent and/or eliminate pollution. Discharges from mining 
    operations are in some ways dissimilar to other types of industrial 
    facilities. Mining facilities are often in remote locations and may 
    operate only seasonally or intermittently, yet need year-round controls 
    because significant materials remain exposed to precipitation when 
    reclamation is not completed. These characteristics make resource 
    intensive end-of-pipe management controls less desirable.
        A comprehensive storm water management program for a given plant 
    may include controls from each of these categories. Development of 
    comprehensive control strategies should be based on a consideration of 
    site and facility plant characteristics.
        a. End-of-Pipe Treatment. At many mineral mining and processing 
    operations, it may be appropriate to collect and treat the runoff from 
    targeted areas of the facility. This approach was taken with 12 
    industrial categories within the mineral mining and processing 
    industry, subject to national effluent limitation guidelines for 
    process water. Table J-4 identifies the effluent limitation guidelines 
    for process water and for the mineral mining and processing sector. 
    There are several areas where process wastewater guidelines influence 
    the permitting strategy for storm water discharges. Whenever storm 
    water and process wastewater combine, the storm water is treated as 
    process wastewater. To meet the numeric effluent limitation for process 
    water, most, if not all, facilities must collect and temporarily store 
    onsite runoff from targeted areas of the plant. The effluent limitation 
    guidelines do not apply to discharges whenever rainfall events, either 
    chronic or catastrophic, cause an overflow of storage devices designed, 
    constructed, and maintained to contain a 10-year, 24-hour storm. Most 
    technology-based treatment standards, used for treating process waters, 
    are based on relatively simple technologies such as settling of solids, 
    neutralization, and drum filtration.
    
         Table J-4.--Mineral Mining and Processing: Effluent Limitation     
                                   Guidelines                               
    ------------------------------------------------------------------------
      SIC                                                                   
     Code         Category             Subcategory       Effluent guidelines
    ------------------------------------------------------------------------
    1411..  Dimension Stone.....  N/A.................  Reserved            
    1422..  Crushed and Broken    N/A.................  For Facilities that 
             Limestone.                                  recyle process     
                                                         waste water: pH 6.0-
                                                         9.0.               
    1423..  Crushed and Broken    ....................  Mine dewatering     
             Granite.                                    discharges: pH 6.0-
                                                         9.0.               
    1429..  Crushed and Broken    ....................  In no case shall a  
             Stone, Not                                  pH limitation      
             Elsewhere                                   outside the range  
             Classified.                                 of 5.0-9.0 be      
                                                         permitted.         
    1442..  Construction Sand     N/A.................  For facilities that 
             and Gravel.                                 recycle process    
                                                         waste water: pH 6.0-
                                                         9.0.               
            ....................  ....................  Mine dewatering     
                                                         discharges: pH 6.0-
                                                         9.0.               
            ....................  ....................  In no case shall a  
                                                         pH limitation      
                                                         outside the range  
                                                         of 5.0-9.0 be      
                                                         permitted.         
    1446..  Industrial Sand.....  N/A.................  All operations      
                                                         except HF          
                                                         flotation:         
            ....................  ....................  TSS: Not to exceed  
                                                         45mg/L maximum for 
                                                         any 1 day; Average 
                                                         over 30 days not to
                                                         exceed 25 mg/L.    
            ....................  ....................  pH Within range 6.0-
                                                         9.0.               
            ....................  ....................  For facilities using
                                                         HF flotation:      
            ....................  ....................  TSS: Not to exceed  
                                                         0.046 mg/L maximum 
                                                         for any 1 day;     
                                                         Average over 30    
                                                         days not to exceed 
                                                         0.023 mg/L.        
            ....................  ....................  Total Fluoride:     
                                                         Maximum for 1 day: 
                                                         0.006 mg/L; Average
                                                         over 30 days: 0.003
                                                         mg/L.              
            ....................  ....................  pH Within range 6.0-
                                                         9.0.               
            ....................  ....................  Mine dewatering     
                                                         discharges:        
            ....................  ....................  TSS: Maximum for 1  
                                                         day: 45 mg/L;      
                                                         Average over 30    
                                                         days: 25 mg/L.     
            ....................  ....................  pH: Within range 6.0-
                                                         9.0.               
    1455..  Kaolin and Ball Clay  Ball Clay Kaolin....  Reserved.           
    1459..  Clay, Ceramic, and    Bentonite Magnesite.  No Discharge.       
             Refractory                                                     
             Minerals, Not                                                  
             Elsewhere                                                      
             Classified.                                                    
    
    [[Page 50924]]
                                                                            
            ....................  Feldspar, Fire Clay,  Reserved.           
                                   Attapulgite, and                         
                                   Montmovillonite,                         
                                   Kyanite, Shale and                       
                                   Common Clay Aplite.                      
    1474..  Potash, Soda, and     Borax, Potash,        No Discharge.       
             Borate Minerals.      Sodium Sulfate.                          
            ....................  Trona, Rock Salt....  Reserved.           
    1475..  Phosphate Rock......  N/A.................  Existing Sources.   
            ....................  ....................  TSS: Maximum for any
                                                         1 day: 60 mg/L;    
                                                         Average over 30    
                                                         days: 30 mg/L.     
            ....................  ....................  pH: Within range 6.0-
                                                         9.0.               
            ....................  ....................  New sources, process
                                                         generated          
                                                         wastewater and mine
                                                         dewatering         
                                                         discharges:        
            ....................  ....................  TSS: Maximum for any
                                                         1 day: 60 mg/L;    
                                                         Average over 30    
                                                         days: 30 mg/L.     
            ....................  ....................  pH: Within range 6.0-
                                                         9.0.               
    1479..  Chemical and          Barite, Fluorspar,    No Discharge.       
             Fertilizer Mineral    Salines from Brine                       
             Mining, Not           Lakes, Frasch                            
             Elsewhere             Sulfur.                                  
             Classified.                                                    
            ....................  Mineral Pigments,     Reserved.           
                                   Lithium.                                 
    1499..  Miscellaneous         Graphite............  Process waste water 
             Nonmetallic                                 and mine drainage  
             Minerals, Except                            subject to ELG:    
             Fuels.                                                         
            ....................  ....................  TSS: Maximum for any
                                                         1 day: 20 mg/L;    
                                                         Average over 30    
                                                         days: 10 mg/L.     
            ....................  ....................  Total Fe: Maximum   
                                                         for any 1 day: 2 mg/
                                                         L; Average over 30 
                                                         days: 1 mg/L.      
            ....................  ....................  pH: Within range 6.0-
                                                         9.0.               
            ....................  Gypsum, Asphaltic     No discharge.       
                                   Minerals, Asbestos                       
                                   and Wollastonite,                        
                                   Diatomite, Jade,                         
                                   Tripoli (Dry                             
                                   Processes Only).                         
            ....................  Garnet, Talc,         Reserved.           
                                   Steatite,                                
                                   Soapstone,                               
                                   Pyrophyllite, Mica                       
                                   and Sericite.                            
    ------------------------------------------------------------------------
    
    
        End-of-pipe treatments are effective means to control process 
    wastewaters because the types of pollutants and the volume of water to 
    be treated are known. However, storm water discharges from mineral 
    mining and processing facilities can be numerous, intermittent, and of 
    various volumes. Channelization of all storm water that comes into 
    contact with significant materials into a single treatment facility, or 
    construction of numerous treatment devices for each discharge is too 
    burdensome for the regulated community. Therefore, EPA believes that 
    the most appropriate means of storm water management at mineral mining 
    and processing facilities are BMPs. BMPs allow the mine site operator 
    to choose a particular BMP that is best for the characteristics of a 
    particular site and to control parameters of concern.
        b. Best Management Practices. EPA believes that the most effective 
    storm water management controls for limiting the offsite discharge of 
    storm water pollutants from mineral mining and processing facilities 
    are source reduction BMPs. Source reduction BMPs are methods by which 
    discharges of contaminants are controlled with little or no required 
    maintenance. Examples of these types of controls include source 
    reduction diversion dikes, vegetative covers, and berms. Source 
    reduction practices are typically (but not always) low in cost and 
    relatively easy to implement. In some instances, more resource 
    intensive treatment BMPs, including sedimentation ponds, may be 
    necessary depending upon the type of discharge, types and 
    concentrations of contaminants, and volume of flow.
        The selection of the most effective BMPs will be based on site-
    specific considerations such as: facility size, climate, geographic 
    location, hydrogeology and the environmental setting of each facility, 
    and volume and type of discharge generated. Each facility will be 
    unique in that the source, type, and volume of contaminated storm water 
    discharges will differ. In addition, the fate and transport of 
    pollutants in these discharges will vary. EPA believes that the 
    management practices discussed herein are well suited mechanisms to 
    prevent or control the contamination of storm water discharges 
    associated with mining activity.
        The following six categories describe best management practice 
    options for reducing pollutants in storm water discharges from mineral 
    mining and processing operations: discharge diversions; drainage/storm 
    water conveyance systems; runoff dispersion; sediment control and 
    collection; vegetation/soil stabilization; capping of contaminated 
    sources.
        Typical land disturbance activities at mineral mining and 
    processing sites include roads, open pits and quarries, topsoil, 
    overburden, waste rock, subore, ore and product piles; materials 
    storage, mill tailings, ponds and piles, as well as vehicle maintenance 
    and storage areas. Because mineral mining and processing is largely a 
    land disturbance activity, BMPs that minimize erosion and sedimentation 
    will be most effective if installed at the inception of operations and 
    maintained throughout active operations and reclamation of the site. 
    From the construction of access and haul roads to closure and 
    reclamation activities, implementation of BMPs is often essential to 
    minimizing long-term environmental impacts to an area.
        Part 1 group application data indicate that several types of BMPs 
    have been implemented at sampling facilities. Commonly used BMPs were 
    sediment control and collection and discharge diversion devices. 
    However, the group application process did not require a description of 
    BMP locations and did not require applicants to describe the number of 
    identical BMPs implemented 
    
    [[Page 50925]]
    at each site. As a result, the effectiveness of BMPs for storm water 
    management, at these facilities cannot be evaluated.
        In addition, many of the BMPs listed by facilities may have been 
    implemented as process wastewater treatment mechanisms and are not 
    exclusively used for storm water management. For instance, 43 percent 
    of the sampling subgroup reported using ponds for sediment control and 
    collection. Since some facilities classified as SIC Code 14 are subject 
    to process water effluent limitation guidelines, sedimentation ponds 
    may have been implemented to meet the limit.
        Because BMPs described in the part 1 data are limited, EPA is 
    providing an overview of supplementary BMPs for use at mineral mining 
    and processing facilities. However, due to the site-specific nature of 
    facilities within this sector, BMPs cited do not preclude the use of 
    other viable BMP options. Table J-5 summarizes BMP options as they 
    apply to land disturbance activities at mineral mining and processing 
    facilities. Sources of BMP information include: ``Sediment and Erosion 
    Control: An Inventory of Current Practices--Draft,'' EPA, April 20, 
    1990; ``Storm Water Management for Industrial Activities: Developing 
    Pollution Prevention Plans and Best Management Practices,'' EPA, 
    September, 1992 (EPA 832-R-92-006); ``Best Management Practices for 
    Mining in Idaho,'' Idaho Department of Lands, November 1992; and 
    ``Erosion & Sediment Control Handbook,'' Goldman et al., McGraw-Hill 
    Book Company, 1986.
    
                                           Table J-5.--Summary of Mine Areas and Applicable Best Management Practices                                       
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             Sediment control &                                             
     Land-disturbed area  Discharge diversions   Conveyance systems     Runoff dispersion        collection            Vegetation            Containment    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    Haul Roads and        Dikes, Curbs, Berms.  Channels, Gutters,    Check Dams, Rock      Gabions, Riprap,      Seeding, Willow       ....................
     Access Roads.                               Culverts, Rolling     Outlet Protection,    Native Rock           Cutting                                  
                                                 Dips, Road Sloping,   Level Spreaders,      Retaining Walls,      Establishment.                           
                                                 Roadway Water         Stream Alteration,    Straw Bale                                                     
                                                 Deflectors.           Drop Structures.      Barriers, Sediment                                             
                                                                                             Traps/Catch Basins,                                            
                                                                                             Vegetated Buffer                                               
                                                                                             Strips.                                                        
    Pits/Quarries or      Dikes, Curbs, Berms.  Channels, Gutters...  Serrated Slopes,      Sediment Settling     Seeding.............  Plugging and        
     Underground Mines.                                                Benched Slopes,       Ponds, Straw Bale                           Grouting           
                                                                       Contouring, Stream    Barrier, Siltation                                             
                                                                       Alteration.           Berms.                                                         
    Overburden, Waste     Dikes, Curbs, Berms.  Channels, Gutters...  Serrated Slopes,      Plastic Matting,      Topsoiling, Seedbed   Capping             
     Rock and Raw                                                      Benched Slopes,       Plastic Netting,      Preparation,                             
     Material Piles.                                                   Contouring, Stream    Erosion Control       Seeding.                                 
                                                                       Alteration.           Blankets, Mulch-                                               
                                                                                             straw, Compaction,                                             
                                                                                             Sediment/Settling                                              
                                                                                             Ponds, Silt Fences,                                            
                                                                                             Siltation Berms.                                               
    Reclamation.........  Dikes, Curbs, Berms.  Channels, Gutters...  Check Dams, Rock      Gabions, Riprap, and  Topsoiling, Seedbed   Capping, Plugging   
                                                                       Outlet Protection,    Native Rock           Preparation,          and Grouting       
                                                                       Level Spreaders,      Retaining Walls,      Seeding, Willow                          
                                                                       Serrated Slopes,      Biotechnical          Cutting                                  
                                                                       Benched Slopes,       Stabilization,        Establishment.                           
                                                                       Contouring, Drain     Straw Bale                                                     
                                                                       Fields, Stream        Barriers, Sediment                                             
                                                                       Alteration, Drop      Traps/Catch Basins,                                            
                                                                       Structures.           Vegetative Buffer                                              
                                                                                             Strips, Silt                                                   
                                                                                             Fences, Siltation                                              
                                                                                             Berms, Brush                                                   
                                                                                             Sediment Barriers.                                             
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
        Haul Roads and Access Roads--Placement of haul roads or access 
    roads should occur as far as possible from natural drainage areas, 
    lakes, ponds, wetlands or floodplains where soil will naturally be less 
    stable for heavy vehicle traffic. If a haul road must be constructed 
    near water, as little vegetation as possible should be removed from 
    between the road and the waterway, as vegetation is a useful buffer 
    against erosion and is an efficient sediment collection mechanism. The 
    width and grade of haul or access roads should be minimal and should be 
    designed to match natural contours of the area. Construction of haul 
    roads should be supplemented by BMPs that divert runoff from road 
    surfaces, minimize erosion, and direct flow to appropriate channels for 
    discharge to treatment areas.
        Pits or Quarries--Excavation of a pit or quarry must be accompanied 
    by BMPs to minimize impacts to area surface waters. As discussed in 
    construction of haul roads, as little vegetation as possible should be 
    removed from these areas during excavation activities to minimize 
    
    [[Page 50926]]
    exposed soils. In addition, stream channels and other sources of water 
    that may discharge into a pit or quarry should be diverted around that 
    area to prevent contamination.
        Overburden, Waste Rock, and Raw Material Piles--Overburden, 
    topsoil, and waste rock, as well as raw material and intermediate and 
    final product stockpiles should be located away from surface waters and 
    other sources of water, and from geologically unstable areas. If this 
    is not practicable, surface water should be diverted around the piles. 
    As many piles as possible should be revegetated (even if only on a 
    temporary basis). At closure, remaining units should be reclaimed.
        BMPs can be used to control total suspended solids levels in runoff 
    from unvegetated areas. These can include sediment/settling ponds, 
    check dams, silt fences, and straw bale barriers.
        Reclamation Activities--When a mineral deposit is depleted and 
    operations cease, a mine site must be reclaimed according to 
    appropriate State or Federal standards. Closure activities typically 
    include restabilization of any disturbed areas such as access or haul 
    roads, pits or quarries, sedimentation ponds or work-out pits, and any 
    remaining waste piles. Overburden and topsoil stockpiles may be used to 
    fill in a pit or quarry (where practical). Recontouring and vegetation 
    should be performed to stabilize soils, and prevent erosion.
        Major reclamation activities such as recontouring roads and filling 
    in a pit or quarry can only be performed after operations have ceased. 
    However, reclamation activities such as stabilization of banks and 
    reseeding and revegetation should be implemented in mined out portions, 
    or inactive areas of a site as active mining moves to new areas.
        EPA recognizes that quarries are frequently converted into 
    reservoirs or recreational areas, after the mineral deposit is 
    depleted. However, this does not preclude the reclamation of disturbed 
    areas above the quarry rim.
        (1) Discharge Diversions. Discharge diversions provide the first 
    line of defense in preventing the contamination of discharges and the 
    subsequent contamination of receiving waters of the United States. 
    Discharge diversions are temporary or permanent structures installed to 
    divert flow, store flow, or limit storm water runon and runoff.
        These diversion practices have several objectives. First, diversion 
    structures can be designed to prevent otherwise uncontaminated (or less 
    contaminated) water from crossing disturbed areas or areas containing 
    significant amounts of contaminated materials, where contact may occur 
    between runon and significant materials. These source reduction 
    measures may be particularly effective for mineral mining and 
    processing operations to prevent runon of uncontaminated discharges 
    from contacting exposed materials and/or reduce the flow across 
    disturbed areas, thereby lessening the potential for erosion. Second, 
    diversion structures can be used to collect or divert waters for later 
    treatment if necessary. The usefulness of these control measures are 
    limited by such factors as the size of the area to be controlled and 
    the type and nature of materials exposed and precipitation events.
        Diversion dikes, curbs, and berms are temporary or permanent 
    diversion structures that prevent runoff from passing beyond a certain 
    point, and divert runoff away from its intended path. Dikes, curbs or 
    berms may be used to surround and isolate areas of concern at mineral 
    mining and processing sites, diverting flow around piles of overburden, 
    waste rock, and storage areas, to minimize discharge contact with 
    contaminated materials and to limit discharges of contaminated water 
    from confined areas.
        (2) Drainage/Storm Water Conveyance Systems. Drainage or storm 
    water conveyance systems can provide either a temporary or a permanent 
    management practice which functions to channel water away from eroded 
    or unstabilized areas, convey runoff without causing erosion, and/or 
    carry discharges to more stabilized areas. The use of drainage systems 
    as a permanent measure may be most appropriate in areas with extreme 
    slopes, areas subject to high velocity runoff, and other areas where 
    the establishment of substantial vegetation is infeasible or 
    impractical. For instance, several BMPs described below may be useful 
    storm water and erosion control methods applicable to road construction 
    and maintenance activities.
        Channels or Gutters--Channels or gutters collect storm water runoff 
    and direct its flow. Like diversion systems, channels or gutters may 
    act to divert runoff away from a potential source of contamination, but 
    may also be used to channel runoff to a collection and/or treatment 
    area including settling ponds, basins or work-out pits.
        Open Top Box Culverts, and Waterbars--These structures are 
    temporary or permanent structures that divert water from a roadway 
    surface. Open top box culverts may be used on steeply graded, unpaved 
    roads in place of pipe culverts to divert surface runoff and flow from 
    inside ditches onto the downhill slope of a road. These structures are 
    typically made of wood and should periodically be monitored and 
    repaired if necessary.
        Waterbars are berms built by a dozer or by hand to a one to two 
    foot height. They serve to extend the entire width of the road, with a 
    downslope angle between 30 and 40 percent. Waterbars are kept open at a 
    discharge end to allow water to flow away from the road and require 
    little maintenance. These berms may be used as temporary or permanent 
    structures.
        Rolling Dips and Road Sloping--Rolling dips and road sloping are 
    permanent water diversion techniques installed using natural contours 
    of the land during road construction. These BMPs prevent water 
    accumulation on road surfaces and divert surface runoff toward road 
    ditches which then convey the storm water to ponds or other management 
    areas.
        Roadway Surface Water Deflector--A roadway surface water deflector 
    is another technique to prevent accumulation of water on road surfaces. 
    The structure uses a conveyor belt sandwiched between two pieces of 
    treated wood and placed within the road to deflect water. This is a 
    useful technique for steeply graded, unpaved roads.
        Culverts--Culverts are permanent surface water diversion mechanisms 
    used to convey water off of, or underneath a road. Made of corrugated 
    metal, they must extend across the entire width of the road and beyond 
    the fill slope. Additional erosion control mechanisms may need to be 
    installed at the discharge end of the culvert.
        (3) Runoff Dispersion. Drainage systems are most effective when 
    used in conjunction with runoff dispersion devices designed to slow the 
    flow of water discharged from a site. These devices also aid storm 
    water infiltration into the soil and flow attenuation. Some examples of 
    velocity dissipation devices include check dams, rock outlet 
    protection, level spreaders, and serrated and benched slopes.
        Check Dams--Check dams are small temporary dams constructed across 
    swales or drainage ditches to reduce the velocity of runoff flows 
    thereby reducing erosion and failure of the swale or ditch. This 
    slowing reduces erosion and gullying in the channel and allows 
    sediments to settle.
        Check dams may be installed in small temporary or permanent 
    channels where vegetation of the channel lining is not feasible and 
    where there is danger of erosion. These may be areas where installation 
    of nonerosive liners are not cost effective. 
    
    [[Page 50927]]
    
        Check dams diminish the need for more stringent erosion control 
    practices in the drainage ditch since they decrease runoff velocity. 
    When constructing check dams, the use of overburden or waste rock 
    should be avoided where there is the potential for contamination.
        Rock Outlet Protection--Rock protection placed at the outlet end of 
    culverts, channels, or ditches reduces the depth, velocity, and 
    destructive energy of water such that the flow will not erode the 
    downstream reach. The use of some materials (e.g., mine waste rock or 
    ore) should be avoided where contamination may occur. As with check 
    dams, rock outlet protection may also be used as a source reduction 
    treatment mechanism by using rocks containing limestone or other 
    alkaline materials to neutralize acidic discharges.
        Level Spreaders--Level spreaders are outlets for dikes and 
    diversions consisting of an excavated depression constructed at zero 
    grade across a slope. Level spreaders diffuse storm water point sources 
    and release it onto areas stabilized by existing vegetation.
        Serrated Slopes and Benched Slopes--These runoff dispersion methods 
    break up flow of runoff from a slope, decreasing its ability to erode. 
    Serrated and benched slopes provide flat areas that allow water to 
    infiltrate, and space for vegetation to grow and reinforce soils. 
    Serrated slopes are equipped with small steps, from one to two feet of 
    horizontal surface exposed on each step. Benched slopes have larger 
    steps with vertical cuts between two and four feet high.
        Contouring--Surface contouring is the establishment of a rough soil 
    surface amenable to revegetation through creating horizontal grooves, 
    depressions, or steps that run with the contour of the land. Slopes may 
    also be left in a roughened condition to reduce discharge flow and 
    promote infiltration. Surface roughening aids in the establishment of 
    vegetative cover by reducing runoff velocity and giving seed an 
    opportunity to take hold and grow.
        This technique is appropriate for all slopes steeper than 3:1 in 
    order to facilitate stabilization of the slope and promote the growth 
    of a vegetative cover. Once areas have been contoured, they should be 
    seeded as quickly as possible.
        Drain Fields--Drain fields are used to prevent the accumulation of 
    water and/or ground water at a site by diverting infiltrating sources 
    through gravity flow or pumping. Typically filled with porous, 
    permeable materials such as graded rock, or perforated pipe, and lined 
    with geotextile fabric, these mechanisms are useful underneath 
    significant materials, reducing the amount of water that ultimately 
    comes into contact with significant materials.
        Stream Alteration--Altering or channelizing the path of a stream to 
    bypass all or some disturbed areas on a site, allows additional mining 
    activities and avoids contamination of stream water by disturbed lands. 
    This practice is complicated, however, by the need to restore the 
    channel when mining operations end.
        Drop Structures--Drop structures are large angular rocks placed in 
    a V-shaped pattern to slow the velocity of storm water runoff. These 
    structures are typically reinforced by logs or large rocks imbedded in 
    the streambanks.
        (4) Sediment Control and Collection. Sediment control and 
    collection limits movement and retains sediments from being transported 
    offsite. Several structural collection devices have been developed to 
    remove sediment from runoff before it leaves the site. Several methods 
    of removing sediment from site runoff involve diversion mechanisms 
    previously discussed, supplemented by a trapping or storage device. 
    Structural practices typically involve filtering diffuse storm water 
    flows through temporary structures such as straw bale dikes, silt 
    fences, brush barriers or vegetated areas.
        Structural practices are typically low in cost. However, structural 
    practices require periodic removal of sediment to remain functional. As 
    such, they serve as more active-type practices which may not be 
    appropriate for permanent use at inactive mines. However, these 
    practices may be effectively used as temporary measures during active 
    operation and/or prior to the final implementation of permanent 
    measures.
    
    (a) Temporary Treatments
    
        Plastic Matting, Plastic Netting, and Erosion Control Blankets--
    These BMPs are used to protect bare soils and control dust and erosion. 
    Mats and blankets help to promote vegetative growth by maintaining 
    moisture and heat within the soil. Plastic matting and netting improve 
    slope stabilization and may be used as a permanent treatment to 
    encourage grass growth. Plastic netting is a more effective material to 
    use while promoting growth of vegetation as it permits sunlight to 
    penetrate through to the soils. Erosion control blankets also stabilize 
    slopes and control erosion. These blankets may be made of jute or 
    plastic netting which are more expensive than straw.
        Mulch-straw or Wood Chips--Mulches and wood chips are useful 
    temporary covers for bare or seeded soils with an erosion control 
    effectiveness rating of 75 to 98 percent.72 Like matting, mulch-
    straw or wood chips help soils retain moisture and warmth to promote 
    vegetative growth. Used on slopes and/or in combination with nylon 
    netting, these materials may prevent erosion by wind and water. Over 
    time, however, the mulch cover will decrease in effectiveness.
    
        \72\ ``Sediment and Erosion Control: An Inventory of Current 
    Practices--Draft,'' EPA, April 20, 1990.
    ---------------------------------------------------------------------------
    
        Compaction--Soil compaction using a roller or other heavy equipment 
    increases soil ``strength'' by increasing its density. More dense soil 
    is less prone to erosion and long-term soil settlement. The surface of 
    compacted soils should be roughed and seeded or vegetated to increase 
    its durability.
    
    (b) Permanent Treatments
    
        Sediment/Settling Ponds--Sediment ponds function as sediment traps 
    by containing runoff for long periods of time, allowing suspended 
    solids to settle. These structures can achieve a high removal rate of 
    sediment for both process wastewater and storm water discharges. 
    Sediment/settling ponds are easily constructed and require minimal 
    maintenance. Their flexibility to treat both process wastewater and 
    storm water makes the use of ponds a desirable treatment for discharges 
    from mineral mining and processing facilities. Of course, site 
    characteristics must be such that some or all discharges can be 
    practically channeled to a centralized area for treatment. Where this 
    is not practical, the cost of constructing multiple sediment ponds may 
    become prohibitive. In addition, periodic dredging may be required in 
    order to maintain the capacity of these ponds.
        Discharge ponds may also be designed to act as surge ponds which 
    are designed to contain storm surges and then completely drain in about 
    24 to 40 hours, and remain dry during times of no rainfall. They can 
    provide pollutant removal efficiencies that are similar to those of 
    detention ponds.73 Storm surge ponds are typically designed to 
    provide both water quality and water quantity (flood control) 
    benefits.74
    
        \73\ ``Urban Targeting and BMP Selection,'' EPA, Region V, 
    November 1990.
        \74\ ``Urban Surface Water Management,'' Walesh, S.G., Wiley, 
    1989.
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        Gabions, Riprap, and Native Rock Retaining Walls--These BMPs are 
    all forms of slope stabilization. Gabions consist of rocks (riprap) 
    contained by rectangular wire boxes or baskets for use as permanent 
    erosion control structures. 
    
    [[Page 50928]]
    Riprap consists of loose rocks placed along embankments to prevent 
    erosion. Native rock retaining walls are another form of slope 
    stabilization, with walls up to five feet in height, constructed from 
    native rock to reinforce a steep slope.
        Biotechnical Stabilization--Biotechnical stabilization uses live 
    brush imbedded in the soils of a steep slope to prevent erosion. This 
    method relies on the premise that the imbedded vegetation will 
    eventually root and help stabilize the slope.
        Straw Bale Barrier--Straw bales may be used as temporary berms, 
    barriers, or diversions; capturing sediments, filtering runoff. When 
    installed and maintained properly, these barriers remove approximately 
    67 percent of the sediment load.75 These barriers are applicable 
    across small swales, in ditches, and at the toe of bare slopes where 
    there is a temporary large volume of sediment laden runoff.
    
        \75\ ``Sediment and Erosion Control: An Inventory of Current 
    Practices--Draft,'' EPA, April 20, 1990, page IV-14.
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        Sediment Traps or Catch Basins--These temporary or permanent 
    structures are useful for catching and storing sediment laden storm 
    water runoff and are particularly useful during construction activities 
    to contain runoff. The effectiveness of these BMPs is better in smaller 
    drainage basin areas. Sediment traps are less than 50 percent effective 
    in removing sediment from storm water runoff.76
    
        \76\ ``Sediment and Erosion Control: An Inventory of Current 
    Practices--Draft,'' EPA, April 20, 1990, page IV-26.
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        Vegetated Buffer Strips--The installation of vegetated buffer 
    strips will reduce runoff and prevent erosion at a removal efficiency 
    rate of 75 to 99 percent depending upon the ground cover.77 In 
    addition, vegetated buffer strips catch and settle sediment contained 
    in the storm water runoff prior to reaching receiving waters.
    
        \77\ ``Sediment and Erosion Control: An Inventory of Current 
    Practices--Draft,'' EPA, April 20, 1990, page IV-7.
    ---------------------------------------------------------------------------
    
        Silt Fence/Filter Fence--A low fence made of filter fabric, wire 
    and steel posts, should be used on small ephemeral drainage areas where 
    storm water collects or leaves a mine site. Silt fences remove 97 
    percent of the sediment load and are easier to maintain and remove 
    without creating lasting impacts to the environment.78 Silt and 
    filter fences need to be inspected periodically and may not be as 
    effective as straw bales, since fabric may become clogged with fine 
    particles preventing water flow.
    
        \78\ ``Sediment and Erosion Control: An Inventory of Current 
    Practices--Draft,'' EPA, April 20, 1990, page IV-15.
    ---------------------------------------------------------------------------
    
        Silt fences may have limited applicability for large areas. They 
    are most effective for use in a small drainage areas. These fences may 
    also be used in conjunction with nonstructural practices to maintain 
    the integrity of soil prior to the establishment of vegetation.
        Siltation Berms--Siltation berms are typically placed on the 
    downslope side of a disturbed area to act as an impermeable barrier for 
    the capture and retention of sediments in surface water runoff. Plastic 
    sheeting is typically used to cover the berm. The berm and the plastic 
    sheeting may require periodic maintenance and repair.
        Brush Sediment Barriers--Brush barriers are temporary sediment 
    barriers composed of tree limbs, weeds, vines, root mat, soil, rock and 
    other cleared materials placed at the toe of a slope. A brush barrier 
    is effective only for small drainage areas, usually less than 1/4 acre, 
    where the slope is minimal.
        Brush barriers do not function as permanent barriers since over 
    time the barrier itself will degrade. This BMP is most effective when 
    located at the toe of a slope of an area in which vegetation is being 
    grown or during temporary operations. The brush barriers remove any 
    excessive sediment generated by erosion prior to the establishment of 
    vegetation.
        (5) Vegetation Practices. Vegetation practices involve establishing 
    a sustainable ground cover by permanent seeding, mulching, sodding, and 
    other such practices. A vegetative cover reduces the potential for 
    erosion of a site by: absorbing the kinetic energy of raindrops which 
    would otherwise impact soil; intercepting water so it can infiltrate 
    into the ground instead of running off and carrying contaminated 
    discharges; and by slowing the velocity of runoff to promote onsite 
    deposition of sediment. Vegetative controls are often the most 
    important measures taken to prevent offsite sediment movement and can 
    provide a six-fold reduction in the discharge of suspended sediment 
    levels.79 Permanent seeding has been found to be 99 percent 
    effective in controlling erosion for disturbed land areas.80 Many 
    States require that topsoil be segregated from other overburden for use 
    during reclamation. While stored, topsoil stockpiles should be 
    vegetated. This temporary form of vegetation can often be used for 
    other piles of stored materials and for intermittent/seasonal 
    operations.
    
        \79\ ``Performance of Current Sediment Control Measures at 
    Maryland Construction Sites,'' January 1990, Metropolitan Washington 
    Council of Governments, page X.
        \80\ ``Sediment and Erosion Control: An Inventory of Current 
    Practices--Draft,'' EPA, April 20, 1990, page IV-4.
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        Typically, the costs of vegetative controls are low relative to 
    other discharge mitigation practices. Given the limited capacity to 
    accept large volumes of runoff and potential erosion problems 
    associated with large concentrated flows, vegetative controls should 
    typically be used in combination with other management practices. These 
    measures have been documented as particularly appropriate for mining 
    sites.
        Topsoiling, Seedbed Preparation--The addition of a layer of topsoil 
    or plant growth material provides an improved soil medium for plant 
    growth. Seedbed preparation may include the addition of topsoil 
    ingredients to be mixed in with soils used for seedbed preparation. 
    Ripping, dicing, and mixing soils promotes weed control and aerates the 
    soil, encouraging seedling growth.
        Broadcast Seeding and Drill Seeding--Seeding and vegetative 
    planting are methods used to revegetate an area. Broadcast seeding 
    spreads seeds uniformly, by hand or machine, to steep sloped or rocky 
    areas, flat surfaces, and areas with limited access. Drill seeding is 
    performed using a rangeland drill seeder and may not be used on rocky 
    surfaces. Drill seeding is more suitably performed on flat, nonrocky 
    surfaces, where the machine can insert seeds into the soil.
        Willow Cutting Establishment--Willow cutting establishment 
    describes a method of soil stabilization useful for stream banks and 
    other areas located adjacent to water. Similar to biotechnical 
    stabilization, willow cuttings are used to promote growth in an area 
    needing stabilization. Willow cuttings are typically used to reinforce 
    a streambank or other moist area. Willow cuttings require a great deal 
    of moisture and must be planted in areas that remain moist for long 
    periods in order to take hold and grow.
        (6) Capping. In some cases, the elimination of a pollution source 
    through capping contaminant sources may be the most cost effective 
    control measure for discharges from inactive mineral mining and 
    processing operations. Depending on the type of management practices 
    chosen, the cost to eliminate the pollutant source may be very high. 
    Once completed, however, maintenance costs will range from low to 
    nonexistent.
        Capping or sealing of waste materials is designed to prevent 
    infiltration, as well as to limit contact between discharges and 
    potential sources of 
    
    [[Page 50929]]
    contamination. Ultimately, capping should reduce or eliminate the 
    contaminants in discharges. In addition, by reducing infiltration, the 
    potential for seepage and leachate generation may also be lessened.
        The use of this practice depends on the level of control desired, 
    the materials available, and cost considerations. Many common liners 
    may be effective including common soil, clay, and/or synthetic liners. 
    Generally, soil liners will provide appreciable control for the lowest 
    cost. Synthetic or clay liners may be appropriate to cover materials 
    known to have a significant potential to impact water quality.
    4. Storm Water Pollution Prevention Plan Requirements
        Specific requirements for a pollution prevention plan for mineral 
    mining and processing facilities are described below. These 
    requirements must be implemented in addition to the common pollution 
    prevention plan provisions discussed previously.
        Under the description of potential pollution services, each storm 
    water pollution prevention plan must describe activities, materials, 
    and physical features of the facility that may contribute to storm 
    water runoff or, during periods of dry weather, result in dry weather 
    flows and mine pumpout. This assessment of storm water pollution will 
    support subsequent efforts to identify and set priorities for necessary 
    changes in materials, materials management practices, or site features, 
    as well as aid in the selection of appropriate structural and 
    nonstructural control techniques. Plans must describe the following 
    elements:
        The plan must contain a map of the site that shows the pattern of 
    storm water drainage, structural features that control pollutants in 
    storm water runoff 81 and process wastewater discharges, surface 
    water bodies (including wetlands), places where significant materials 
    82 are exposed to rainfall and runoff, and locations of major 
    spills and leaks that occurred in the 3 years prior to the date of the 
    submission of a Notice of Intent (NOI) to be covered under this permit. 
    The map also must show areas where the following activities take place: 
    fueling, vehicle and equipment maintenance and/or cleaning, loading and 
    unloading, material storage (including tanks or other vessels used for 
    liquid or waste storage), material processing, and waste disposal, haul 
    roads, access roads, and rail spurs. In addition, the site map must 
    also indicate the outfall locations and the types of discharges 
    contained in the drainage areas of the outfalls (e.g. storm water and 
    air conditioner condensate). In order to increase the readability of 
    the map, the inventory of the types of discharges contained in each 
    outfall may be kept as an attachment to the site map.
    
        \81\ Nonstructural features such as grass swales and vegetative 
    buffer strips also should be shown.
        \82\ Significant materials include, ``* * * but [are] not 
    limited to: raw materials, fuels, materials such as solvents, 
    detergents, and plastic pellets; finished materials such as metallic 
    products; * * * hazardous substances designated under section 
    101(14) of CERCLA; any chemical facilities required to report 
    pursuant to section 313 of title III of SARA; fertilizers; 
    pesticides; and waste products such as ashes, slag, and sludge that 
    have the potential to be released with storm water discharge.'' (40 
    CFR 122.26(b)(12)) Significant materials commonly found at mining 
    facilities include: overburden; raw materials; waste rock piles; 
    tailings; petroleum based products; solvents and detergents; and 
    manufactured products, waste materials or by-products used or 
    created by the facility.
    ---------------------------------------------------------------------------
    
        Facility operators are required to carefully conduct an inspection 
    of the site and related records to identify significant materials that 
    are or may be exposed to storm water. The inventory must address 
    materials that within 3 years prior to the date of the submission of a 
    Notice of Intent (NOI) to be covered under this permit have been 
    handled, stored, processed, treated, or disposed of in a manner to 
    allow exposure to storm water. Findings of the inventory must be 
    documented in detail in the pollution prevention plan. At a minimum, 
    the plan must describe the method and location of onsite storage or 
    disposal; practices used to minimize contact of materials with rainfall 
    and runoff; existing structural and nonstructural controls that reduce 
    pollutants in storm water runoff; existing structural controls that 
    limit process wastewater discharges; and any treatment the runoff 
    receives before it is discharged to surface waters or a separate storm 
    sewer system. The description must be updated whenever there is a 
    significant change in the types or amounts of materials, or material 
    management practices, that may affect the exposure of materials to 
    storm water.
        The description of potential pollution sources culminates in a 
    narrative assessment of the risk potential that those sources of 
    pollution pose to storm water quality. This assessment should clearly 
    point to activities, materials, and physical features of the facility 
    that have a reasonable potential to contribute significant amounts of 
    pollutants to storm water. Any such activities, materials, or features 
    must be addressed by the measures and controls subsequently described 
    in the plan. In conducting the assessment, the facility operator must 
    consider the following activities: loading and unloading operations; 
    outdoor storage activities; outdoor processing activities; significant 
    dust or particulate generating processes; and onsite waste disposal 
    practices. The assessment must list any significant pollution sources 
    at the site and identify the pollutant parameter or parameters (i.e., 
    total suspended solids, total dissolved solids, etc.) associated with 
    each source.
        Under the measures and controls section of the pollution prevention 
    plan, the permittee must evaluate, select, and describe the pollution 
    prevention measures, best management practices (BMPs), and other 
    controls that will be implemented at the facility. The permittee must 
    assess the applicability of the following BMPs for their site: 
    discharge diversions, drainage/storm water conveyance systems, runoff 
    dispersions, sediment control and collection mechanisms, vegetation/
    soil stabilization, and capping of contaminated sources. In addition, 
    BMPs include processes, procedures, schedules of activities, 
    prohibitions on practices, and other management practices that prevent 
    or reduce the discharge of pollutants in storm water runoff.
        The pollution prevention plan must discuss the reasons each 
    selected control or practice is appropriate for the facility and how 
    each will address the potential sources of storm water pollution. The 
    plan also must include a schedule specifying the time or times during 
    which each control or practice will be implemented. In addition, the 
    plan should discuss ways in which the controls and practices relate to 
    one another and, when taken as a whole, produce an integrated and 
    consistent approach for preventing or controlling potential storm water 
    contamination problems.
        Under the preventive maintenance requirements of the pollution 
    prevention plan, permittees are required to develop a preventive 
    maintenance program that includes regular inspections and maintenance 
    of storm water BMPs. The maintenance program requires periodic removal 
    of debris from discharge diversions and conveyance systems. These 
    activities should be conducted in the spring, after snowmelt, and 
    during the fall season. Permittees already controlling their storm 
    water runoff frequently use impoundments or sedimentation ponds. 
    Maintenance schedules for these ponds must be provided in the pollution 
    prevention plant.
        Under the inspection requirements of the pollution prevention plan, 
    operators 
    
    [[Page 50930]]
    of active facilities are required to conduct quarterly visual 
    inspections of BMPs. Temporary and permanently inactive operations are 
    required to perform annual inspections. Active sites have more frequent 
    inspections than inactive sites because members of the pollution 
    prevention team will be onsite, and the fact that they are active means 
    there is a greater potential for pollution. The inspections shall 
    include: (1) An assessment of the integrity of storm water discharge 
    diversions, conveyance systems, sediment control and collection 
    systems, and containment structures; (2) visual inspections of 
    vegetative BMPs, serrated slopes, and benched slopes to determine if 
    soil erosion has occurred; and (3) visual inspections of material 
    handling and storage areas and other potential sources of pollution for 
    evidence of actual or potential pollutant discharges of contaminated 
    storm water.
        The inspection must be made at least once in each designated period 
    during daylight hours. Inspections for active facilities shall be 
    conducted in each of the following periods: January through March; 
    April through June; July through September; October through December.
        EPA believes that this quick and simple description will allow the 
    permittee to assess the effectiveness of his/her plan on a regular 
    basis at very little cost. The frequency of this visual inspection will 
    also allow for timely adjustments to be made to the plan. If BMPs are 
    performing ineffectively, corrective action must be implemented. A set 
    of tracking or follow up procedures must be used to ensure that 
    appropriate actions are taken in response to the inspections. The 
    visual inspection is intended to be performed by facility staff. This 
    hands-on inspection will also enhance the staff's understanding of the 
    storm water problems on that site and effects on the management 
    practices that are included in the plan.
        Under the recordkeeping and internal reporting procedures of the 
    pollution prevention plan, the permittee must describe procedures for 
    developing and retaining records on the status and effectiveness of 
    plan implementation. The plan must address spills, monitoring, and BMP 
    inspection and maintenance activities. Ineffective BMPs must be 
    reported and the date of their corrective action noted.
        Under the sediment and erosion control requirements of the 
    pollution prevention plan, permittees must indicate the location and 
    design for proposed BMPs to be implemented prior to land disturbance 
    activities. For sites already disturbed but without BMPs, the permittee 
    must indicate the location and design of BMPs that will be implemented. 
    The permittee is required to indicate plans for grading, contouring, 
    stabilization, and establishment of vegetative cover for all disturbed 
    areas, including road banks. Reclamation activities must continue until 
    final closure notice has been issued.
        According to the pollution prevention runoff requirements, the 
    permittee must evaluate the appropriateness of each storm water BMP 
    that diverts, infiltrates, reuses, or otherwise reduces the discharge 
    of contaminated storm water. In addition, the permittee must describe 
    the storm water pollutant source area or activity (i.e., loading and 
    unloading operations, raw material storage piles etc.) to be controlled 
    by each storm water management practice.
        a. Comprehensive Site Compliance Evaluation. The storm water 
    pollution prevention plan must describe the scope and content of 
    comprehensive site evaluations that qualified personnel will conduct to 
    (1) confirm the accuracy of the description of potential pollution 
    sources contained in the plan, (2) determine the effectiveness of the 
    plan, and (3) assess compliance with the terms and conditions of this 
    section. Comprehensive site compliance evaluations should be conducted 
    once a year. When annual comprehensive site compliance evaluations are 
    shown in the plan to be impractical for inactive mining sites, due to 
    remote location and inaccessibility, site evaluations must be conducted 
    at least once every 3 years. The individual or individuals who will 
    conduct the evaluations must be identified in the plan and should be 
    members of the pollution prevention team. Evaluation reports must be 
    retained for at least 3 years after the date of the evaluation.
        Based on the results of each evaluation, the description of 
    potential pollution sources, and measures and controls, the plan must 
    be revised as appropriate within 2 weeks after each evaluation. Changes 
    in the measures and controls must be implemented on the site in a 
    timely manner, and never more than 12 weeks after completion of the 
    evaluation.
    5. Numeric Effluent Limitation
        Except as discussed below, there are no additional numeric effluent 
    limitations under this section beyond those stated in section V.B of 
    today's permit. Part XI.J.4. of today's permit establishes numeric 
    effluent limitations for mine dewatering discharges that are composed 
    entirely of storm water or ground water seepage from construction sand 
    and gravel, industrial sand and crushed stone mines that are located in 
    Region VI (the States of Louisiana, New Mexico, Oklahoma, and Texas). 
    Discharges from these areas may not exceed a maximum TSS concentration 
    of 45 mg/L for any one day or 25 mg/L for the average of daily values 
    for 30 consecutive days. The pH of the discharges from these areas must 
    be within the range of 6.0 to 9.0. These effluent limitations are in 
    accordance with the Crushed Stone, Construction Sand and Gravel, and 
    Industrial Sand Subcategories of the Mineral Mining and Processing 
    Point Source Categories (40 CFR 436.20, 436.30 and 40 CFR 436.40). 
    These limitations represent the degree of effluent reduction attainable 
    by the application of best practicable control technology and best 
    conventional pollutant control technology. Dischargers subject to these 
    numeric effluent limitations must be in compliance with the limits upon 
    commencement of and for the entire term of this permit.
    6. Monitoring and Reporting Requirements
        a. Monitoring Requirements. Under the revised methodology for 
    determining pollutants of concern in the various industrial categories, 
    dimension and crushed stone and nonmetallic minerals (except fuels) 
    mining and sand and gravel mining facilities are required to monitor 
    for the pollutants listed in the applicable table below (Table J-6 or 
    J-7). The pollutants listed in this table were found to be above 
    benchmark levels. EPA is requiring monitoring after the pollution 
    prevention plan has been implemented to assess the effectiveness of the 
    pollution prevention plan and to help ensure that a reduction of 
    pollutants is realized.
    
     Table J-6.--Monitoring Requirements for Dimension and Crushed Stone and
                   Nonmetallic Minerals (except fuels) (mg/L)               
    ------------------------------------------------------------------------
            Pollutant of concern           Monitoring cut-off concentration 
    ------------------------------------------------------------------------
    Total suspended solids.............  100 mg/L.                          
    ------------------------------------------------------------------------
    
    
                                                                            
    
    [[Page 50931]]
         Table J-7.--Monitoring Requirements for Sand and Gravel Mining     
    ------------------------------------------------------------------------
           Pollutants of concern           Monitoring cut-off concentration 
    ------------------------------------------------------------------------
    Total suspended solids.............  100 mg/L.                          
    Nitrate plus Nitrite Nitrogen......  0.68 mg/L.                         
    ------------------------------------------------------------------------
    
    
    
        At a minimum, storm water discharges from dimension and crushed 
    stone, sand and gravel and nonmetallic mineral (except fuels) mining 
    must be monitored quarterly during the second year of permit coverage. 
    Samples must be collected at least once in each of the following 
    periods: January through March; April through June; July through 
    September; and October through December. At the end of the second year 
    of permit coverage, a facility must calculate the average concentration 
    for each parameter listed in the applicable table (Table J-6 or J-7). 
    If the permittee collects more than four samples in this period, then 
    they must calculate an average concentration for each pollutant of 
    concern for all samples analyzed.
        If the average concentration for a parameter is less than or equal 
    to the cut-off concentration, then the permittee is not required to 
    conduct quantitative analysis for that parameter during the fourth year 
    of the permit. If, however, the average concentration for a parameter 
    is greater than the cut-off concentration, then the permittee is 
    required to conduct quarterly monitoring for that parameter during the 
    fourth year of permit coverage. Monitoring is not required during the 
    first, third, and fifth year of the permit. The exclusion from 
    monitoring in the fourth year of the permit is conditional on the 
    facility maintaining industrial operations and BMPs that will ensure a 
    quality of storm water discharges consistent with the average 
    concentrations recorded during the second year of the permit. The 
    schedule for monitoring is presented in Table J-8.
    
                       Table J-8.--Schedule of Monitoring                   
    ------------------------------------------------------------------------
                                                                            
    ------------------------------------------------------------------------
    2nd year of permit coverage......   Conduct quarterly           
                                        monitoring.                         
                                        Calculate the average       
                                        concentration for all parameters    
                                        analyzed during this period.        
                                        If average concentration is 
                                        greater than the value listed in    
                                        Table J-6 or J-7, then quarterly    
                                        sampling is required during the     
                                        fourth year of the permit.          
                                        If average concentration is 
                                        less than or equal to the value     
                                        listed in Table J-6 or J-7, then no 
                                        further sampling is required for    
                                        that parameter.                     
    4th year of permit coverage......   Conduct quarterly monitoring
                                        for any parameter where the average 
                                        concentration in year 2 of the      
                                        permit is greater than the value    
                                        listed in Table J-6 or J-7.         
                                        If industrial activities or 
                                        the pollution prevention plan have  
                                        been altered such that storm water  
                                        discharges may be adversely         
                                        affected, quarterly monitoring is   
                                        required for all parameters of      
                                        concern.                            
    ------------------------------------------------------------------------
    
        In cases where the average concentration of a parameter exceeds the 
    cut-off concentration, EPA expects permittees to place special emphasis 
    on methods for reducing the presence of those parameters in storm water 
    discharges. Quarterly monitoring in the fourth year of the permit will 
    be used to reassess the effectiveness of the adjusted pollution 
    prevention plan.
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly chemical sampling.
        Alternative Certification. Throughout today's permit, EPA has 
    included monitoring requirements for facilities which the Agency 
    believes have the potential for contributing significant levels of 
    pollutants to storm water discharges. The alternative certification 
    described below is necessary to ensure that monitoring requirements are 
    only imposed on those facilities that do, in fact, have storm water 
    discharges containing pollutants at concentrations of concern. EPA has 
    determined that if materials and activities are not exposed to storm 
    water at the site, then the potential for pollutants to contaminate 
    storm water discharges does not warrant monitoring.
        Therefore, a discharger is not subject to the monitoring 
    requirements of this Part provided the discharger makes a certification 
    for a given outfall or on a pollutant-by-pollutant basis in lieu of 
    monitoring reports described in paragraph (2) below, under penalty of 
    law, signed in accordance with Part VII.G. (Signatory Requirements), 
    that material handling equipment or activities, raw materials, 
    intermediate products, final products, waste materials, by-products, 
    industrial machinery or operations, significant materials from past 
    industrial activity, and that are located in areas of the facility that 
    are within the drainage area of the outfall are not presently exposed 
    to storm water and will not be exposed to storm water for the 
    certification period. Such certification must be retained in the storm 
    water pollution prevention plan and submitted to EPA in lieu of 
    monitoring reports required under paragraph (2) below. The permittee is 
    required to complete any and all sampling until the exposure is 
    eliminated. If the facility is reporting for a partial year, the 
    permittee must specify the date exposure was eliminated. If the 
    permittee is certifying that a pollutant was present for part of the 
    reporting period, nothing relieves the permittee from the 
    responsibility to sample that parameter up until the exposure was 
    eliminated and it was determined that no significant materials 
    remained. This certification option is not applicable to compliance 
    monitoring requirements associated with effluent limitations. EPA does 
    not expect facilities to be able to exercise this certification for 
    indicator parameters, such as TSS and BOD.
        (2) Reporting Requirements. Permittees are required to submit all 
    monitoring results obtained during the second and fourth year of permit 
    coverage within 3 months of the conclusion of each year. For each 
    outfall, one signed Discharge Monitoring Report Form must be submitted 
    to the Director per storm event sampled. For facilities conducting 
    monitoring beyond the minimum requirements, an additional signed 
    Discharge Monitoring Report Form must be filed for each analysis. The 
    permittee must include a measurement or estimate of the total 
    precipitation, volume of runoff, and peak flow rate of runoff for each 
    storm event sampled.
        (3) Sample Type. All discharge data shall be reported for grab 
    samples. All such samples shall be collected from the discharge 
    resulting from a storm event that is greater than 0.1 inches in 
    magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. The required 
    72-hour storm event interval is waived where the preceding measurable 
    storm event did not result in a measurable discharge from the facility. 
    The required 72-hour storm event interval may also be waived where the 
    permittee documents that less than a 72-
    
    [[Page 50932]]
    hour interval is representative for local storm events during the 
    season when sampling is being conducted. The required 72-hour storm 
    event interval is waived where the preceding measurable storm event did 
    not result in a measurable discharge from the facility. The required 
    72-hour storm event interval may also be waived where the permittee 
    documents that less than a 72-hour interval is representative for local 
    storm events during the season when sampling is being conducted. The 
    grab sample shall be taken during the first 30 minutes of the 
    discharge. If the collection of a grab sample during the first 30 
    minutes is impracticable, a grab sample can be taken during the first 
    hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable.
        If storm water discharges associated with industrial activity 
    commingle with process or nonprocess water, then where practicable, 
    permittees must attempt to sample the storm water discharge before it 
    mixes with the non-storm water discharge.
        (4) Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluent. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (5) Adverse Conditions. When a discharger is unable to collect 
    samples within a specified sampling period due to adverse climatic 
    conditions, the discharger shall collect a substitute sample from a 
    separate qualifying event in the next period and submit the data along 
    with data for the routine sample in that period. Adverse weather 
    conditions which may prohibit the collection of samples include weather 
    conditions that create dangerous conditions for personnel (such as 
    local flooding, high winds, hurricane, tornadoes, electrical storms, 
    etc.) or otherwise make the collection of a sample impracticable 
    (drought, extended frozen conditions, etc.).
        B. Quarterly Visual Examination of Storm Water Quality. Mineral 
    mining and processing facilities shall perform and document a visual 
    examination of a storm water discharge associated with industrial 
    activity from each outfall, except discharges exempted below. The 
    examination(s) must be made at least once in each of the following 
    three-month periods: January through March, April through June, July 
    through September, and October through December. The examination shall 
    be made during daylight hours unless there is insufficient rainfall or 
    snow melt to produce a runoff event.
        (1) Examinations shall be made of grab samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    1 hour) or when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual should carry out the collection and 
    examination of discharges for entire permit term.
        (2) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (3) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfall(s) provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (4) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examinations. Adverse weather conditions that may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes,electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (5) EPA realizes that if a facility is inactive and unstaffed it 
    may be difficult to collect storm water discharge samples when a 
    qualifying event occurs. Today's final permit has been revised so that 
    inactive, unstaffed facilities can exercise a waiver of the requirement 
    to conduct quarterly visual examination.
        EPA believes that this quick and simple assessment will help the 
    permittee to determine the effectiveness of his/her plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the chemical properties of the storm water discharged from the 
    site, the examination will provide meaningful results upon which the 
    facility may act quickly. The frequency of this visual examination will 
    also allow for timely adjustments to be made to the plan. If BMPs are 
    performing ineffectively, corrective action must be implemented. A set 
    of tracking or follow-up procedures must be used to ensure that 
    appropriate actions are taken in response to the examinations. The 
    visual examination is intended to be performed by members of the 
    pollution prevention team. This hands-on examination will enhance the 
    staff's understanding of the storm water problems on that site and the 
    effects of the management practices that are included in the plan.
    
    [[Page 50933]]
    
        EPA believes that between quarterly visual examinations, site 
    compliance evaluations and the limited analytical monitoring required 
    of the specified subsectors, potential sources of contaminants can be 
    recognized, addressed, and then controlled with BMPs. In determining 
    the monitoring requirements, EPA considered the nature of the 
    industrial activities and significant materials exposed at these sites 
    and performed a review of data provided in Part 2 group applications.
        c. Compliance Monitoring Requirements. Today's permit requires 
    permittees with mine dewatering discharges from construction sand and 
    gravel, industrial sand, and crushed stone mine facilities to monitor 
    for the presence of TSS and pH. These monitoring requirements are 
    necessary to evaluate compliance with the numeric effluent limitation 
    established for these discharges. Monitoring shall be performed 
    quarterly upon a minimum of one grab sample. All samples shall be 
    collected from the discharge resulting from a storm event that is 
    greater than 0.1 inches in magnitude and that occurs at least 72 hours 
    from the previously measurable (greater than 0.1 inch rainfall) storm 
    event. The grab sample shall be taken during the first 30 minutes of 
    the discharge. If the collection of a grab sample during the first 30 
    minutes is impracticable, a grab sample can be taken during the first 
    hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable. Monitoring results shall be submitted on 
    signed Discharge Monitoring Report Form(s) postmarked no later than the 
    31st day of the month following collection of the sample. Facilities 
    which discharge through a large or medium municipal separate storm 
    sewer system (systems serving a population of 100,000 or more) must 
    also submit signed copies of discharge monitoring reports to the 
    operator of the municipal separate storm sewer system.
        Alternative Certification provisions described in Section XI.J.5 do 
    not apply to facilities subject to compliance monitoring requirements 
    in this section. Compliance monitoring is required at least annually 
    for discharges subject to effluent limitations. Therefore, EPA cannot 
    permit a facility to waive compliance monitoring.
        Construction sand and gravel, industrial sand and crushed stone 
    mining facilities are not required to collect and analyze separate 
    samples for the presence of TSS to satisfy the Compliance Monitoring 
    requirements of Section XI.J.5.d. during a year in which the facilities 
    have collected and analyzed samples for TSS in accordance with the 
    Analytical Monitoring requirements of Section XI.J.5.a. The results of 
    all TSS Analytical Monitoring analyses may also be reported as 
    Compliance Monitoring results in accordance with Section XI.J.5.d.(3) 
    where the monitoring methodologies are consistent.
    7. Definitions
        ``Overburden'' means any material of any nature, consolidated or 
    unconsolidated, that overlies a mineral deposit, excluding topsoil or 
    similar naturally occurring surface materials that are not disturbed by 
    mining operations.
        ``Overflow'' means a precipitation induced overflow of a facility 
    that is designed, constructed, and maintained to contain, or treat, the 
    volume of wastewater which would result from 10-year, 24-hour 
    precipitation events.
    
    Storm Water Discharges Associated With Industrial Activity from 
    Hazardous Waste Treatment, Storage, or Disposal Facilities
    
    Industry Profile
        On November 16, 1990 (55 FR 47990), EPA promulgated the regulatory 
    definition of ``storm water discharge associated with industrial 
    activity.'' This definition includes point source discharges of storm 
    water from 11 categories of facilities, including ``* * * (iv) 
    Hazardous waste treatment, storage, or disposal facilities, including 
    those that are operating under interim status or a permit under 
    Subtitle C of RCRA * * * .'' Part XI.K. of today's permit only covers 
    storm water discharges from facilities that treat, store, or dispose of 
    hazardous wastes.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        Some industrial facilities that generate hazardous waste have 
    onsite capacity to store, treat, and even dispose of their waste. Many 
    hazardous waste generators, however, send their waste offsite to a 
    treatment, storage, or disposal facility (TSDF). Generators of 
    hazardous waste must arrange for a transporter who has obtained an EPA 
    ID number to transport the generator's waste to a designated facility 
    (i.e., a facility that is permitted under RCRA to receive and treat, 
    store, or dispose of hazardous waste).
        Once wastes are accepted by the TSDF, any number of activities may 
    follow. For example, some wastes are disposed without any intervening 
    storage or treatment, while other wastes are held in storage prior to 
    treatment or disposal. Hazardous wastes are generally stored in 
    containers and tanks, which are enclosed by a bermed area to prevent 
    any releases to the environment from the storage units.
        The processes for treating hazardous wastes can be divided into two 
    major categories based on whether the waste is organic or inorganic in 
    nature. Organic wastes are treated by destructive technologies, like 
    incineration, whereas inorganic wastes are treated using fixation 
    technologies, like stabilization, in which the hazardous constituents 
    are immobilized in the residual matrix. Residuals from fixation 
    processes are usually land-disposed where the stabilized constituents 
    are much less likely to leach into the environment.
        As mentioned above, some wastes are treated prior to disposal while 
    others are disposed as-generated. Hazardous waste disposal units 
    include landfills, surface impoundments, waste piles, and land 
    treatment units. Such disposal units may have specific requirements 
    under RCRA Subtitle D. Wastes are also disposed by being burned in 
    incinerators. Some liquid hazardous wastes are underground-injected 
    into deep wells regulated under the Underground Injection Control (UIC) 
    program in 40 CFR Parts 144 to 148. The RCRA regulations governing the 
    different types of hazardous waste treatment, storage, and disposal 
    units are located in 40 CFR Part 264, Subparts I through O and Subpart 
    W.
        Hazardous wastes are also recycled at TSDFs. Recycling is 
    considered a form of treatment, however, the recycling process itself 
    is not generally regulated under RCRA. Recycling activities include 
    reclamation, regeneration, reuse, burning for energy or materials 
    recovery, and use in a manner constituting disposal (i.e., land 
    application of hazardous waste or products containing hazardous waste). 
    
    
    [[Page 50934]]
    
    2. Pollutants in Storm Water Discharges Associated With Hazardous Waste 
    Treatment, Storage, or Disposal Facilities
        Given the diversity and amount of hazardous wastes handled at 
    TSDFs, pollutants in storm water discharges may vary considerably. 
    Contaminated storm water discharges may result from precipitation 
    coming in contact with spills or leaks of hazardous waste. TSDFs 
    regulated under RCRA Subtitle C, however, are required to control much 
    of their storm water runoff through secondary containment (e.g., 
    secondary containment for tank systems; 40 CFR 264.193). When a spill 
    of a listed hazardous waste occurs, for example, the spilled material 
    and any storm water that comes into contact with the material is a 
    hazardous waste under RCRA and must be cleaned up and managed in 
    accordance with all applicable regulations.
        In addition to the types of hazardous materials handled and the 
    procedures for controlling runoff at a particular TSDF, several other 
    factors influence to what extent significant materials from these types 
    of facilities and processing operations can affect water quality. Such 
    factors include: hydrology/geology; volume of wastes handled; extent of 
    industrial activities at a TSDF (i.e., only storage, or storage plus 
    treatment and disposal); and type, duration, and intensity of 
    precipitation events. These and other factors will interact to 
    influence the quantity and quality of storm water runoff. In addition, 
    sources of pollutants other than storm water, such as illicit 
    connections,16 spills, and other improperly dumped materials, may 
    increase the pollutant loadings discharged into waters of the United 
    States.
    
        \16\ Illicit connections are contributions of unpermitted non-
    storm water discharges to storm sewers from any of a number of 
    sources including sanitary sewers, industrial facilities, commercial 
    establishments, or residential dwellings. The probability of illicit 
    connections at mineral mining and processing facilities is low yet 
    it still may be applicable at some operations.
    ---------------------------------------------------------------------------
    
        Pollutants in storm water discharges from TSDFs may consist of, in 
    the case of spills or leaks which are not properly contained or cleaned 
    up, hazardous wastes and/or their constituents. 40 CFR Part 261 Subpart 
    D contains the lists of hazardous wastes, and Appendix VII to Part 261 
    is a list of the hazardous constituents for which each of these wastes 
    is listed.
        Based on the similarities of the facilities included in this sector 
    in terms of industrial activities and significant materials, EPA 
    believes it is appropriate to discuss the potential pollutants at TSDFs 
    facilities as a whole and not subdivide this sector. Therefore, Table 
    K-1 lists data for selected parameters from facilities in the TSDF 
    sector. These data include the eight pollutants that all facilities 
    were required to monitor for under Form 2F.
    
     Table K-1.--Statistics for Selected Pollutants Reported by Hazardous Waste Treatment Storage or Disposal Facilities Submitting Part II Sampling Data i 
                                                                             (mg/L)                                                                         
    --------------------------------------------------------------------------------------------------------------------------------------------------------
           Pollutant              No. of      No. of Samples       Mean           Minimum         Maximum         Median           95th            99th     
    ------------------------    facilities   --------------------------------------------------------------------------------   Percentile      Percentile  
                            -----------------                                                                                -------------------------------
          Sample type         Grab    Compii   Grab    Comp    Grab    Comp    Grab    Comp    Grab    Comp    Grab    Comp    Grab    Comp    Grab    Comp 
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5...................       3        4       8       9    17.8    9.44     0.0     0.0    45.0    45.0    11.5     7.0    49.7    35.7    82.3    62.9
    COD....................       3        4       8       9   117.6    51.9    12.0    10.0   500.0   131.0    56.5    45.0   419.2   158.9   910.3   285.8
    Nitrate + Nitrite                                                                                                                                       
     Nitrogen..............       4        4       9       9    0.46    0.39    0.15    0.07    0.79    0.67    0.47    0.34    1.07    1.06    1.59    1.72
    Total Kjeldahl Nitrogen       4        4       9       9    1.43    1.07    0.64    0.25    3.00    3.92    1.30    0.92    2.64    2.96    3.52    5.21
    Oil & Grease...........       4      N/A       9     N/A     9.3     N/A     0.0     N/A    74.0     N/A     0.0     N/A    56.3     N/A   251.8     N/A
    pH.....................       2      N/A       7     N/A     N/A     N/A     5.6     N/A     7.8     N/A     7.3     N/A     8.7     N/A     9.6     N/A
    Total Phosphorus.......       4        4       9       9    0.24    0.11    0.00    0.00    1.60    0.32    0.07    0.09    0.67    0.28    1.51    0.43
    Total Suspended Solids.       3        4       8       9     338    82.7       4       5    1100     304     128      32    2463     397    8651   1083 
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported
      as non-detect or below detection limit were assumed to be 0.                                                                                          
    ii Composite samples.                                                                                                                                   
    
    3. Pollutant Control Measures Required Through Other EPA Programs
        As part of the RCRA program, 40 CFR Part 264 sets standards for 
    treatment, storage and disposal facilities. EPA realizes that some of 
    the conditions of this section are already addressed by the 
    requirements set forth in Part 264. Under the RCRA program, for 
    example, secondary containment is required for tank systems in order to 
    prevent the release of hazardous waste or hazardous constituents to the 
    environment. Such secondary containment must either be capable of 
    preventing storm water runon from entering the system, or have the 
    capacity to contain the volume of the tank plus precipitation from a 
    25-year, 24-hour rainfall event (40 CFR 264.193).
        Conditions such as those set forth for secondary containment at 
    TSDFs are pertinent because they may overlap with aspects of the 
    pollution prevention plan (PPP) required as part of this section. 
    Therefore, in developing a storm water pollution prevention plan, a 
    TSDF should include as Best Management Practices (BMPs) any controls 
    relevant to storm water that have already been implemented under 40 CFR 
    Part 264.
        Other areas where RCRA requirements may overlap with the conditions 
    set forth in this section include inspections and employee training. 
    Daily and weekly inspections of tank systems and containers are 
    required, respectively, under Part 264. Therefore, these inspections 
    will be incorporated into the pollution prevention plan for this storm 
    water permit. Similarly, employee training, required under 40 CFR 
    264.16, does not need to be repeated as part of implementation of the 
    pollution prevention plan, but rather expanded as necessary to include 
    issues concerning storm water management.
    4. Options for Controlling Pollutants
        In evaluating options for controlling pollutants in storm water 
    discharges, EPA must achieve compliance with the 
    
    [[Page 50935]]
    technology-based standards of the Clean Water Act [Best Available 
    Technology (BAT) and Best Conventional Technology (BCT)]. The Agency 
    does not believe that it is appropriate to establish specific numeric 
    effluent limitations or a specific design or performance standard in 
    this section for storm water discharges associated with industrial 
    activity from hazardous waste treatment, storage, and disposal 
    facilities to meet BAT/BCT standards of the Clean Water Act at this 
    time. Instead, this section establishes requirements for the 
    development and implementation of site-specific storm water pollution 
    prevention plans consisting of a set of Best Management Practices 
    (BMPs) that are sufficiently flexible to address different sources of 
    pollutants at different sites.
        Generally, BMPs are implemented to prevent and/or minimize exposure 
    of pollutants from industrial activities to storm water discharges. EPA 
    believes the most effective BMPs for reducing pollutants in storm water 
    discharges are exposure minimization practices. Exposure minimization 
    practices lessen the potential for storm water to come into contact 
    with pollutants. Good housekeeping practices ensure that facilities are 
    sensitive to routine and nonroutine activities which may increase 
    pollutants in storm water discharges. The BMPs which address good 
    housekeeping and exposure minimization are easily implemented, 
    inexpensive, and require little, if any, maintenance. BMP expenses may 
    include construction of roofs for storage areas or other forms of 
    permanent cover and the installation of berms/dikes. Other BMPs such as 
    detention/retention ponds and filtering devices may be needed at these 
    facilities because of the contaminant level in the storm water 
    discharges.
        The selection of the most effective BMPs will be based on site-
    specific considerations such as: facility size, climate, geographic 
    location, hydrogeology and the environmental setting of each facility, 
    and volume and type of discharge generated. Each facility will be 
    unique in that the source, type, and volume of contaminated storm water 
    discharges will differ. In addition, the fate and transport of 
    pollutants in these discharges will vary. EPA believes that the 
    management practices discussed herein are well suited mechanisms to 
    prevent or control the contamination of storm water discharges 
    associated with hazardous waste treatment, storage, or disposal 
    facilities that are not already addressed by RCRA subtitle C.
        Facilities covered under this section must already be in compliance 
    with the standards for operating a hazardous waste treatment, storage, 
    or disposal facility as established by 40 CFR Part 264. As discussed in 
    greater detail in the previous section (Pollutant Control Measures 
    Required Through Other EPA Programs), EPA believes that because of the 
    requirements previously imposed on hazardous waste treatment, storage, 
    or disposal facilities, storm water BMPs are already employed at most 
    TSDFs. This belief is supported by part 1 group application data, which 
    indicated that 97 percent of the representative sampling facilities 
    already have SPCC plans in place at their sites.
        Because of the potential for spills of hazardous materials during 
    loading and unloading operations, and the absence of an individual 
    discussion of these operations in 40 CFR Part 264, Table K-2 is 
    provided to identify BMPs associated with these activities at hazardous 
    waste treatment, storage, or disposal facilities.
    
    Table K-2.--General Loading and Unloading Storm Water BMPs for Hazardous
                Waste Treatment, Storage, or Disposal Facilities            
    ------------------------------------------------------------------------
              Activity                 Best management practices (BMPs)     
    ------------------------------------------------------------------------
    Outdoor Unloading and         Confine loading/unloading activities to a 
     Loading.                      designated area.                         
                                  Consider performing loading/unloading     
                                   activities indoors or in a covered area. 
                                  Consider covering loading/unloading area  
                                   with permanent cover (e.g., roofs) or    
                                   temporary cover (e.g., tarps).           
                                  Close storm drains during loading/        
                                   unloading activities in surrounding      
                                   areas.                                   
                                  Avoid loading/unloading materials in the  
                                   rain.                                    
                                  Inspect the unloading/loading areas to    
                                   detect problems before they occur.       
                                  Inspect all containers prior to loading/  
                                   unloading of any raw or spent materials. 
                                  Consider berming, curbing, or diking      
                                   loading/unloading areas.                 
                                  Use dry clean-up methods instead of       
                                   washing the areas down.                  
                                  Train employees on proper loading/        
                                   unloading techniques.                    
    ------------------------------------------------------------------------
    Sources: NPDES Storm Water Group Applications--Part 1. Received by EPA, 
      March 18, 1991 through December 31, 1992 EPA, Office of Water.        
      September 1992. ``Storm Water Management for Industrial Activities:   
      Developing Pollution Prevention Plans and Best Management Practices.''
      EPA 832-R-92-006.                                                     
    
    5. Storm Water Pollution Prevention Plan Requirements.
        EPA believes that pollution prevention is the most effective 
    approach for controlling contaminated storm water discharges from 
    hazardous waste treatment, storage, or disposal facilities. The 
    requirements included in the pollution prevention plans provide a 
    flexible framework for the development and implementation of site-
    specific controls to minimize the pollutants in storm water discharges. 
    This flexibility is necessary because each facility is unique in that 
    the source, type, and volume of contaminated storm water discharge will 
    vary from site to site.
        There are two major objectives to a pollution prevention plan: (1) 
    to identify sources of pollution potentially affecting the quality of 
    storm water discharges associated with industrial activity from a 
    facility; and (2) to describe and ensure implementation of practices to 
    minimize and control pollutants in storm water discharges associated 
    with industrial activity from a facility.
        The pollution prevention plan requirement reflects EPA's decision 
    to allow hazardous waste treatment, storage, or disposal facilities to 
    utilize BMPs as the BAT/BCT level of control for the storm water 
    discharges covered by this section.
        As previously discussed, many of the storm water pollution 
    prevention plan requirements discussed in this section of today's 
    permit and fact sheet are already addressed by the RCRA program and 
    employed at hazardous waste treatment, storage, or disposal facilities. 
    Please note that if RCRA does not address a particular condition which 
    is stipulated in the storm water pollution prevention plan, the 
    facility still must 
    
    [[Page 50936]]
    comply with that requirement of the plan.
    6. Numeric Effluent Limitations.
        There are no additional requirements under this section other than 
    those stated in Part V.B of the permit.
    7. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. EPA believes that treatment, 
    storage, or disposal facilities (TSDFs) may reduce the level of 
    pollutants in storm water runoff from their sites through the 
    development and proper implementation of the storm water pollution 
    prevention plan requirements discussed in today's permit. In order to 
    provide a tool for evaluating the effectiveness of the pollution 
    prevention plan and to characterize the discharge for potential 
    environmental impacts, the permit requires TSDFs to collect and analyze 
    samples of their storm water discharges for the pollutants listed in 
    Table K-3. The pollutants listed in Table K-3 were not found to be 
    above benchmark levels in the limited amount of data that was submitted 
    in the group application process, but are believed to be present based 
    upon the description of industrial activities and significant materials 
    exposed. EPA is requiring monitoring after the pollution prevention 
    plan has been implemented to assess the effectiveness of the pollution 
    prevention plan and to help ensure that a reduction of pollutants is 
    realized.
        At a minimum, storm water discharges from TSDFs must be monitored 
    quarterly during the second year of permit coverage. Samples shall be 
    collected at least once in each of the following periods: January 
    through March; April through June; July through September; and October 
    through December. At the end of the second year of permit coverage, a 
    facility must calculate the average concentration for each parameter 
    listed in Table K-3. If the permittee collects more than four samples 
    in this period, then they must calculate an average concentration for 
    each pollutant of concern for all samples analyzed.
    
                  Table K-3.--Industry Monitoring Requirements              
    ------------------------------------------------------------------------
                                                                  Cut-off   
                      Pollutants of concern                    concentration
                                                                   (mg/L)   
    ------------------------------------------------------------------------
    Ammonia..................................................            19 
    Total Recoverable Magnesium*.............................        0.0636 
    Chemical Oxygen Demand (COD).............................           120 
    Total Recoverable Arsenic................................         16854 
    Total Recoverable Cadmium................................        0.0159 
    Total Cyanide**..........................................        0.0636 
    Total Recoverable Lead...................................        0.0816 
    Total Recoverable Mercury................................        0.0024 
    Total Recoverable Selenium...............................        0.2385 
    Total Recoverable Silver.................................       0.0318  
    ------------------------------------------------------------------------
    * The MDL for magnesium is 0.02 mg/L method 200.6.                      
    ** The MDL for cyanide is 0.02 mg/L method 335.1, .2, or .3.            
    
        If the average concentration for a parameter is less than or equal 
    to the value listed in Table K-3, then the permittee is not required to 
    conduct quantitative analysis for that parameter during the fourth year 
    of the permit. If, however, the average concentration for a parameter 
    is greater than the cut-off concentration listed in Table K-3, then the 
    permittee is required to conduct quarterly monitoring for that 
    parameter during the fourth year of permit coverage. Monitoring is not 
    required during the first, third, and fifth year of the permit. The 
    exclusion from monitoring in the fourth year of the permit is 
    conditional on the facility maintaining industrial operations and BMPs 
    that will ensure a quality of storm water discharges consistent with 
    the average concentrations recorded during the second year of the 
    permit. The schedule for monitoring is presented in Table K-4.
    
                       Table K-4.--Schedule of Monitoring                   
                                                                            
                                                                            
    2nd Year of Permit Coverage.   Conduct quarterly monitoring.    
                                   Calculate the average            
                                   concentration for all parameters analyzed
                                   during this period.                      
                                   If average concentration is      
                                   greater than the value listed in Table K-
                                   3, then quarterly sampling is required   
                                   during the fourth year of the permit.    
                                   If average concentration is less 
                                   than or equal to the value listed in     
                                   Table K-3, then no further sampling is   
                                   required for that parameter.             
    4th Year of Permit Coverage.   Conduct quarterly monitoring for 
                                   any parameter where the average          
                                   concentration in year 2 of the permit is 
                                   greater than the value listed in Table K-
                                   3.                                       
                                   If industrial activities or the  
                                   pollution prevention plan have been      
                                   altered such that storm water discharges 
                                   may be adversely affected, quarterly     
                                   monitoring is required for all parameters
                                   of concern.                              
    
        In cases where the average concentration of a parameter exceeds the 
    cut-off concentration, EPA expects permittees to place special emphasis 
    on methods for reducing the presence of those parameters in storm water 
    discharges. Quarterly monitoring in the fourth year of the permit will 
    reassess the effectiveness of the adjusted pollution prevention plan.
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly chemical sampling.
        b. Alternative Certification. Throughout today's permit, EPA has 
    included monitoring requirements for facilities which the Agency 
    believes have the potential for contributing significant levels of 
    pollutants to storm water discharges. The alternative described below 
    is necessary to ensure that monitoring requirements are only imposed on 
    those facilities that do, in fact, have storm water discharges 
    containing pollutants at concentrations of concern. EPA has determined 
    that if materials and activities are not exposed to storm water at the 
    site, then the potential for pollutants to contaminate storm water 
    discharges does not warrant monitoring.
        Therefore, a discharger is not subject to the monitoring 
    requirements of this Part provided the discharger makes a certification 
    for a given outfall or on a pollutant-by-pollutant basis in lieu of 
    monitoring described in Table K-3, under penalty of law, signed in 
    accordance with Part VII.G. (Signatory Requirements), that material 
    handling equipment or activities, raw materials, intermediate products, 
    final products, waste materials, by-products, industrial machinery or 
    operations, significant materials from past industrial activity, 
    
    [[Page 50937]]
    that are located in areas of the facility that are within the drainage 
    area of the outfall are not presently exposed to storm water and will 
    not be exposed to storm water for the certification period. Such 
    certification must be retained in the storm water pollution prevention 
    plan and submitted to EPA in accordance with Part VI.B. of this permit. 
    In the case of certifying that a pollutant is not present, the 
    permittee must submit the certification along with the monitoring 
    reports required under paragraph (C) below. If the permittee cannot 
    certify for an entire period, they must submit the date exposure was 
    eliminated and any monitoring required up until that date. This 
    certification option is not applicable to compliance monitoring 
    requirements associated with effluent limitations. EPA does not expect 
    facilities to be able to exercise this certification for indicator 
    parameters, such as TSS and BOD.
        c. Reporting Requirements. Permittees are required to submit all 
    monitoring results obtained during the second and fourth year of permit 
    coverage within 3 months of the conclusion of each year. For each 
    outfall, one signed Discharge Monitoring Report form must be submitted 
    to the Director per storm event sampled. For facilities conducting 
    monitoring beyond the minimum quarterly requirements an additional 
    Discharge Monitoring Report Form must be filed for each analysis.
        d. Sample Type. All discharge data shall be reported for grab 
    samples. All such samples shall be collected from the discharge 
    resulting from a storm event that is greater than 0.1 inches in 
    magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. The required 
    72-hour storm event interval is waived where the preceding measurable 
    storm event did not result in a measurable discharge from the facility. 
    The required 72-hour storm event interval may also be waived where the 
    permittee documents that less than a 72-hour interval is representative 
    for local storm events during the season when sampling is being 
    conducted. The grab sample shall be taken during the first 30 minutes 
    of the discharge. If the collection of a grab sample during the first 
    30 minutes is impracticable, a grab sample can be taken during the 
    first hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable.
        If storm water discharges associated with industrial activity 
    commingle with process or non-process water, then where practicable 
    permittees must attempt to sample the storm water discharges before it 
    mixes with the non-storm water discharge.
        e. Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluent. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        f. Quarterly Visual Examination of Storm Water Quality. Quarterly 
    visual examinations of storm water discharges from each outfall are 
    required at TSDFs. The examination must be of a grab sample collected 
    from each storm water outfall. The examination of storm water grab 
    samples shall include any observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, or 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on these samples.
        The examination must be made at least once in each of the following 
    designated periods: January through March; April through June; July 
    through September; and October through December, during daylight unless 
    there is insufficient rainfall or snow-melt to runoff. Whenever 
    practicable, the same individual should carry out the collection and 
    examination of discharges throughout the life of the permit to ensure 
    the greatest degree of consistency possible. Grab samples shall be 
    collected within the first 30 minutes (or as soon thereafter as 
    practical, but not to exceed 1 hour) of when the runoff begins 
    discharging. Reports of the visual examination include: the examination 
    date and time, examination personnel, visual quality of the storm water 
    discharge, and probable sources of any observed storm water 
    contamination. The visual examination reports must be maintained onsite 
    with the pollution prevention plan.
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly visual examination.
        EPA believes that this quick and simple assessment will allow the 
    permittee to approximate the effectiveness of his/her plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the chemical properties of the storm water discharged from the 
    site, the examination will provide meaningful results upon which the 
    facility may act quickly. The frequency of this visual examination will 
    also allow for timely adjustments to be made to the plan. If BMPs are 
    performing ineffectively, corrective action must be implemented. A set 
    of tracking or follow-up procedures must be used to ensure that 
    appropriate actions are taken in response to the inspections. The 
    visual examination is intended to be performed by members of the 
    pollution prevention team. This hands-on examination will enhance the 
    staff's understanding of storm water problems on that site and the 
    effects of the management practices that are included in the plan.
        When a discharger is unable to collect samples over the course of 
    the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not collecting 
    samples. Adverse weather conditions which may prohibit the collection 
    of samples include weather conditions that create dangerous conditions 
    for personnel (such as local flooding, high winds, hurricane, 
    tornadoes, electrical storms, etc.) or otherwise make the collection of 
    a sample impracticable (drought, extended frozen conditions, etc.).
    8. Region-specific Conditions
        Region VI intends for this permit to cover all eligible hazardous 
    waste treatment, storage, and disposal facilities, except those that 
    treat and dispose exclusively commercial hazardous waste. Region VI 
    believes that more careful compliance tracking is warranted for 
    facilities that treat and dispose of commercially produced hazardous 
    waste due to the wide range of chemicals and large quantities of 
    hazardous waste materials that are generally disposed as a service to 
    generators. Region VI has determined this to be a priority industry and 
    
    
    [[Page 50938]]
    required individual permits in the past with limits. This affects 
    permits issued by EPA Region VI for Louisiana (LAR05*###), New Mexico 
    (NMR05*###), Oklahoma (OKR05*###), Texas (TXR05*###), and Federal 
    Indian Reservations in these States (LAR05*##F, NMR05*##F, OKR05*##F, 
    or TXR05*##F).
    
    L. Storm Water Discharges Associated With Industrial Activity From 
    Landfills and Land Application Sites
    
    1. Industry Profile.
        This section of today's permit addresses special requirements for 
    storm water discharges associated with industrial activity from 
    landfill and land application sites. Pursuant to 40 CFR 122.26, storm 
    water discharges from landfills, land application sites, and open dumps 
    that receive or have received industrial waste, including sites subject 
    to regulation under Subtitle D of the Resource Conservation and 
    Recovery Act (RCRA), are required to seek permit coverage. Under this 
    section, industrial waste is defined as waste generated by any of the 
    industrial activities described at 40 CFR 122.26(b)(14).
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        Special conditions contained in this section apply to land disposal 
    sites that meet the definition of a landfill under RCRA Subtitle D 
    contained at 40 CFR Part 257, which establishes criteria for the 
    classification of solid waste disposal facilities and practices. Part 
    257 defines landfills as areas of land or excavation in which wastes 
    are placed for permanent disposal, and that are not land application 
    units, surface impoundments, injection wells, or waste piles. Included 
    in this definition are municipal solid waste landfills (MSWLFs) and 
    industrial solid nonhazardous waste landfills. (Many of the 1,410 
    landfill facilities participating in the group application process are 
    classified as MSWLFs). Therefore, the special conditions in this 
    section apply to both MSWLFs and industrial landfills as defined under 
    Part 257. This section also applies to industrial waste land 
    application sites. Land application sites are defined as facilities at 
    which wastes are applied onto or incorporated into the soil surface for 
    the purpose of beneficial use or waste treatment and disposal. No open 
    dumps were included in the facilities participating in the group 
    application process (open dumps are defined as solid waste disposal 
    units not in compliance with State/Federal criteria established under 
    RCRA Subtitle D) and operation of an open dump is prohibited under RCRA 
    Section 4004. Therefore, storm water discharges from open dumps are not 
    addressed by this section. This section also does not apply to inactive 
    landfills or inactive land application sites located on Federal lands, 
    unless an operator can be identified. These discharges are more 
    appropriately covered under a permit currently being developed by EPA.
        The following sections describe industrial and municipal solid 
    waste landfills and industrial waste land application sites.
        a. Municipal Solid Waste Landfills. In 1988, EPA estimated that 
    there were approximately 9,300 MSWLFs in the United States. The wastes 
    which are disposed of in MSWLF landfills are highly variable. Examples 
    include household waste (including household hazardous waste which is 
    excluded from RCRA hazardous waste regulation), nonhazardous 
    incinerator ashes, commercial wastes, yard wastes, tires, white goods, 
    construction wastes, municipal and industrial sludges, asbestos, and 
    other industrial wastes. Only a small percentage of all wastes disposed 
    of in MSWLFs are industrial wastes. In 1988, EPA's Report to Congress 
    on solid waste generation indicated that nearly 90 percent of wastes 
    disposed of in all MSWLFs were household or commercial (office) wastes. 
    Industrial process wastes represented only 2.73 percent of the total 
    wastestream (although most MSWLFs currently or have previously accepted 
    industrial wastes and are therefore subject to storm water permitting 
    requirements). The Report also indicated that about half of the total 
    number of MSWLFs received small quantity generator hazardous wastes. In 
    addition, MSWLFs that operated prior to the implementation of RCRA 
    hazardous waste management requirements in 1980 may have received 
    wastes that after that date that would have been classified as 
    hazardous wastes under current RCRA requirements.
        A typical MSWLF is a constantly evolving facility which is 
    constructed over its operating life as received wastes are spread, 
    compacted, and covered. Most modern landfills contain one or more 
    separate ``units,'' planned final waste containment areas. Active units 
    continue to receive wastes until they have reached disposal capacity. 
    When capacity is reached, a unit is capped with a final cover, and 
    additional wastes must be placed in other active units. As a result, a 
    landfill may consist of multiple inactive and active units at various 
    stages of completion.
        Within each unit, wastes are added in layers referred to as lifts. 
    Received wastes are spread across the working face of the landfill to a 
    depth of six to twenty feet and then compacted. At the end of each 
    working day a thin layer of soil (daily cover) is spread on top of the 
    added wastes and compacted. A large unit may consist of multiple lifts, 
    depending on the planned final depth.
        Historically, landfills have been constructed according to one of 
    two generic designs, the trench method and the area method, or a 
    combination of these. The trench method requires the excavation of a 
    trench into which wastes will be placed. Soil from the excavation 
    provides the cover material as disposal continues. In the area method, 
    wastes are placed directly on the ground surface and disposal follows 
    the natural contours of the land. Some landfills use combinations of 
    the two methods at different times depending on the location of the 
    active unit.
        MSWLF construction creates constant changes in the contours of the 
    facility resulting in changing patterns of storm water runon and 
    runoff. Controlling erosion of landfill slopes is among the primary 
    concerns of the landfill operator. Current practices generally include 
    a combination of temporary controls (straw bales, silt fences, etc.), 
    in active disposal areas, and permanent controls (recontouring, 
    revegetation, etc.), in areas where waste disposal has been completed.
        Daily and intermediate covers serve primarily to protect against 
    disease vectors and to prevent fires and the blowing of refuse. 
    Typically, daily covers consist of the minimum amount of soil excavated 
    from the site needed to cover exposed wastes in the active areas of the 
    landfill. After spreading, the cover is usually compacted to reduce 
    loss from erosion. Intermediate covers, which are also typically soil 
    excavated from the site, are often applied to areas of a unit which 
    will be inactive for 
    
    [[Page 50939]]
    periods of 30 days or more. Deeper than daily covers, intermediate 
    covers may be applied in conjunction with runoff control measures to 
    minimize pooling and high-velocity flow patterns. Both daily and 
    intermediate covers promote infiltration to some extent, depending on 
    depth and soil material.
        When a landfill (or landfill unit) has reached disposal capacity, a 
    final cover is applied. Final covers generally provide a relatively 
    impermeable cap over which topsoil is placed and vegetation is 
    established. Permanent runoff controls (diversion channels, 
    recontouring, terracing, etc.) may be constructed to minimize erosion 
    and ponding. Final cover materials in older landfills, which are 
    generally subject to limited regulatory requirements, often consist of 
    a single layer of natural soils. However, at newer landfills subject to 
    more stringent regulatory requirements, other cover materials 
    (polymers, sand and gravel, sewage sludge, etc.) are frequently 
    combined with soil in multiple layers.84
    
        \84\ ``Report to Congress: Solid Waste Disposal in the United 
    States,'' Vol. II, Office of Solid Waste and Emergency Response, 
    Oct. 1988.
    ---------------------------------------------------------------------------
    
        b. Industrial Landfills. Industrial landfills only receive wastes 
    from industrial facilities such as factories, processing plants, and 
    manufacturing sites. These facilities may also receive hazardous wastes 
    from very small quantity hazardous waste generators (less than 100 
    kilograms per month), as defined in RCRA Subtitle C. Included in these 
    waste streams are some PCB-contaminated wastes. The Toxic Substances 
    Control Act PCB disposal regulations allow limited categories of PCB 
    materials to be disposed of in RCRA Subtitle D landfills.85 In 
    1988, EPA estimated that there were at least 3,511 industrial Subtitle 
    D landfills (this would presumably be the maximum number of non-MSWLF 
    facilities regulated by the storm water program). The specific number 
    of these units that are onsite and offsite facilities (i.e., 
    centralized waste management units) was not available. Because wastes 
    generated by industrial facilities vary considerably, both between and 
    within industries, the wastes disposed of at industrial landfills can 
    be highly variable. For example, the industrial nonhazardous waste 
    category includes wastes from the pulp and paper industry, the organic 
    chemical industry, the textile manufacturing industry, and a variety of 
    other industries. Consequently, these waste streams may vary in 
    chemical composition and/or physical form. Most industrial landfills 
    are privately owned.86
    
        \85\ Ibid.
        \86\ Ibid.
    ---------------------------------------------------------------------------
    
        Currently, there are limited data available on industrial 
    landfills. Specific industrial waste streams have not been well 
    characterized and little is known about the hazards they may pose. 
    Limited data are also available regarding the design, operation, and 
    location of these facilities. It has been documented, however, that 
    there has been only sporadic application of design and operating 
    controls at industrial landfills. In 1988, only about 12 percent of 
    industrial landfills (including both onsite and offsite facilities) had 
    any type of liner, and fewer than 35 percent employed runon/runoff 
    controls.87 The use of these controls (including runon and runoff 
    controls) at industrial waste landfills is likely to increase as State 
    industrial waste programs continue to evolve.
    
        \87\ Ibid.
    ---------------------------------------------------------------------------
    
        c. Land Application Sites. In 1988, EPA estimated that there were 
    approximately 5,605 land application sites in the United States. These 
    sites receive wastes (primarily wastewaters and sludges) from 
    facilities in virtually every major industrial category. More than half 
    of all land application sites cover less than 50 acres and receive less 
    than 50 tons of waste annually. The largest number of active land 
    application sites in 1988 were observed in the food and kindred 
    products industry, however the pulp and paper industry managed the 
    largest gross quantity of waste using this practice. Similar to 
    landfills, the variability in types of waste that are land applied 
    precludes any general characterization of the materials that may be 
    exposed to storm water. Typically, individual land applications will 
    only dispose of wastes with specific characteristics. However, the 
    criteria for selection are site-specific depending on type of process 
    used and the soil characteristics. Waste application techniques are 
    dependent on waste characteristics.
        In 1988, EPA found that 68.5 percent of all industrial waste land 
    application units had runon and runoff controls. No information was 
    available on the extent of closure requirements applicable to land 
    application units.
    2. Potential Pollutant Sources and Options for Controlling Pollutants 
    at Landfill and Land Application Sites
        a. Landfills. At landfill sites, runoff carrying suspended 
    sediments and commingling of runoff with uncontrolled leachate are the 
    two primary sources of pollutants that this section is intended to 
    address. Other potential sources of pollutants at landfills, those from 
    ancillary areas of the landfill and which are not directly associated 
    with landfill activities (i.e., vehicle maintenance, truck washing, 
    etc.) may be subject to requirements in other sections of today's 
    permit.
        Total Suspended Solids. Storm water discharges from landfill sites 
    often contain high TSS levels because of the extensive land disturbance 
    activities associated with landfill operations. Suspended solids can 
    adversely affect fisheries by covering the bottom of a stream or lake 
    with a blanket of material that destroys the fish food bottom fauna or 
    spawning grounds. In addition, while they remain in suspension, 
    suspended solids can increase turbidity, reduce light penetration, and 
    impair the photosynthetic activity of aquatic plants.88 Specific 
    sources of TSS loadings from landfill operations and typical Best 
    Management Practices (BMPs) used to control TSS levels in storm water 
    runoff are shown in Table L-1. The listed BMPs are consistent with the 
    BMPs identified in part 1 of the permit applications submitted by 
    landfill group applicants.
    
        \88\ EPA. 1974 (October). ``Development Document for the 
    Effluent Limitations Guidelines and New Source Performance Standards 
    for the Steam Electric Power Point Source Category.''
    
                                                                            
    
    [[Page 50940]]
               Table L-1.--Sources of TSS Loadings and Typical BMPs Used for Erosion Control at Landfills           
    ----------------------------------------------------------------------------------------------------------------
                 Potential pollutant sources                                         BMPs                           
    ----------------------------------------------------------------------------------------------------------------
    Erosion from:                                         Stabilize soils with temporary seeding, mulching, and     
    Exposed soil from excavating cells/trenches.           geotextiles; leave vegetative filter strips along        
    Exposed stockpiles of cover materials.                 streams.                                                 
    Inactive cells with final cover but not yet finally   Implement structural controls such as dikes, swales, silt 
     stabilized.                                           fences, filter berms, sediment traps and ponds, outlet   
    Daily or intermediate cover placed on cells or         protection, pipe slope drains, check dams, and terraces  
     trenches.                                             to convey runoff, to divert storm water flows away from  
    Erosion from haul roads (including vehicle tracking    areas susceptible to erosion, and to prevent sediments   
     of sediments).                                        from entering water bodies.                              
                                                          Frequently inspect all stabilization and structural       
                                                           erosion control measures and perform all necessary       
                                                           maintenance and repairs.                                 
                                                          Stabilize haul roads and entrances to landfill with gravel
                                                           or stone.                                                
                                                          Construct vegetated swales along road.                    
                                                          Clean wheels and body of trucks or other equipment as     
                                                           necessary to minimize sediment tracking (but contain any 
                                                           wash waters [process wastewaters]).                      
                                                          Frequently inspect all stabilization and structural       
                                                           erosion control measures and perform all necessary       
                                                           maintenance and repairs.                                 
    ----------------------------------------------------------------------------------------------------------------
    
    
    
        (2) Other Pollutants. Table L-2 presents potential sources of other 
    pollutants in storm water discharges from landfill operations. The 
    specific pollutants associated with each of these sources are highly 
    variable, depending upon individual site operations and waste types 
    received. Table L-2 also lists BMPs that would be expected to be used 
    in these areas to minimize potential pollutant loadings. Several of 
    these BMPs were identified in the group permit applications submitted 
    by landfill operators.
    
    Table L-2.--Sources and BMP Controls of Potential Pollutants (other than
                                      TSS)                                  
    ------------------------------------------------------------------------
       Potential pollutant                                                  
              source                                BMPs                    
    ------------------------------------------------------------------------
    Application of             Observe all applicable Federal, State, and   
     fertilizers, pesticides,   local regulations when using these products.
     and herbicides.                                                        
                               Strictly follow recommended application rates
                                and methods (i.e., do not apply in excess of
                                vegetative requirements).                   
                               Have materials such as absorbent pads easily 
                                accessible to clean up spills.              
    Exposure of chemical       Provide barriers such as dikes to contain    
     material storage areas     spills.                                     
     to precipitation          Provide cover for outside storage areas.     
     (including pesticides,    Have materials such as absorbent pads easily 
     fertilizers, and           accessible to clean up spills.              
     herbicides).                                                           
    Exposure of waste at open  Minimize the area of exposed open face as    
     face.                      much as is practicable.                     
                               Divert flows around open face using          
                                structural measures such as dikes, berms,   
                                swales, and pipe slope drains.              
                               Frequently inspect erosion and sedimentation 
                                controls.                                   
    Waste tracking onsite and  Clean wheels and exterior of trucks or other 
     haul roads, solids         equipment as necessary to minimize waste    
     transport on wheels and    tracking (but contain any wash waters       
     exterior of trucks or      [process wastewaters]).                     
     other equipment (common                                                
     with incinerator ash).                                                 
    Uncontrolled leachate      Frequently inspect leachate collection system
     (commingling of leachate   and landfill for leachate leaks.            
     with runoff or runon).                                                 
                               Maintain landfill cover and vegetation.      
                               Maintain leachate collection system.         
    ------------------------------------------------------------------------
    
        Based on the similarities of the facilities included in this sector 
    in terms of industrial activities and significant materials, EPA 
    believes it is appropriate to discuss the potential pollutants at 
    landfills and land applications sites as a whole and not subdivide this 
    sector. Therefore, Table L-3 lists data for selected parameters from 
    facilities in the landfill and land application sector. These data 
    include the eight pollutants that all facilities were required to 
    monitor for under Form 2F, as well as any pollutants that EPA has 
    determined may merit further monitoring.
    
            Table L-3.--Statistics for Selected Pollutants Reported by Landfills and Land Application Sites Submitting Part II Sampling Data i (mg/L)       
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                              No. of      No. of samples       Mean           Minimum          Maximum          Median      95th percentile  99th percentile
      PollutantSample       facilities   -------------------------------------------------------------------------------------------------------------------
            type        -----------------                                                                                                                   
                          Grab   Comp ii   Grab    Comp    Grab    Comp    Grab    Comp     Grab     Comp    Grab    Comp     Grab    Comp    Grab     Comp 
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5...............      30       28      52      50    13.6    8.88     0.0     0.0    140.0     78.0     7.0    4.40     39.8    29.6    76.3     54.5
    COD................      30       28      52      49   112.9   100.6     0.0     0.0   1220.0   1200.0    31.0    28.0    340.7   278.7   799.1    587.5
    Nitrate + Nitrite                                                                                                                                       
     Nitrogen..........      29       27      51      48    1.55    1.36    0.00    0.00    22.20     16.6    0.50    0.50     4.07    3.88    8.35     8.14
    Total Kjeldahl                                                                                                                                          
     Nitrogen..........      30       28      52      49    3.58    3.02    0.20     0.0    37.90     25.9    1.10    1.07    10.90   10.29   25.88     24.6
    Oil & Grease.......      30      N/A      54     N/A     2.9     N/A     0.0     N/A     40.0      N/A     0.0     N/A     12.3     N/A    24.9      N/A
    pH.................      32      N/A      59     N/A     N/A     N/A     3.0     N/A      8.9      N/A     7.3     N/A      9.3     N/A    10.2      N/A
    Total Phosphorus...      29       27      51      48    0.89    0.93    0.00     0.0     4.28     4.49    0.50    0.36     3.92    4.30    9.30    11.46
    Total Suspended                                                                                                                                         
     Solids............      30       27      52      48    2922    1812       0       0    39900    18220     628     336    19476   10933   98449    49016
    
    [[Page 50941]]
                                                                                                                                                            
    Iron, Total........       6        6       8       8    65.7    30.2     0.0     0.2    210.0    150.0    17.0     9.4   1736.4   244.8   17684  1105.9 
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported
      as non-detect or below detection limit were assumed to be 0.                                                                                          
    ii Composite samples.                                                                                                                                   
    
    
        b. Land Application Sites. At land application sites, TSS may also 
    be found at elevated levels in storm water discharges (because of the 
    extensive soil disturbance). The occurrence and levels of other 
    pollutants in storm water discharges are dependent on the types of 
    wastes applied and facility design and operation (including use of 
    storm water management/treatment practices. No part 2 data for TSS or 
    any other pollutants were submitted for land application sites nor was 
    such data available from other sources.
        There are no Federal criteria for industrial landfill or land 
    application unit design, operation, closure or post-closure care. State 
    programs that address industrial landfills and land application sites 
    vary considerably. As noted above, in 1988, only 35 percent of all 
    industrial landfills had runon/runoff controls. However, many are 
    subject to closure requirements.
    3. Pollutant Control Measures Required by Other EPA Programs
        EPA recognizes that requirements under other Federal and State 
    programs currently address reclamation/closure of and storm water 
    management at landfill and land application sites. In developing 
    requirements under this section, the Agency has considered how these 
    other program requirements affect the characteristics of storm water 
    discharges (e.g., by limiting contact with potential pollutant 
    sources). Of specific note are recently imposed RCRA criteria at 40 CFR 
    Parts 257 and 258 that address the design, operation, and closure of 
    MSWLFs. These regulations are summarized below.
        Regulations at 40 CFR Part 257 classify solid waste disposal 
    facilities and practices. Regulations at 40 CFR Part 258 establish 
    criteria for municipal solid waste landfills. The types of criteria 
    required include: location restrictions, operating criteria, design 
    criteria, ground water monitoring and corrective action, closure and 
    postclosure care, and financial assurance criteria. All States must 
    implement the Federal MSWLF criteria primarily through State solid 
    waste management plans.
        As part of the operating criteria, Part 258 requires that all 
    discrete units within MSWLFs receiving waste provide for the following 
    by October 1993 (it should be noted that EPA has proposed an extension 
    of this deadline to April 1994):
        (a) Owners or operators of all MSWLF units must design, construct, 
    and maintain:
        (1) A runon control system to prevent flow onto the active portion 
    of the landfill during the peak discharge from a 25-year storm:
        (2) A runoff control system from the active portion of the landfill 
    to collect and control at least the water volume resulting from a 24-
    hour, 25-year storm event.
        In addition, all MSWLF units that received wastes after October 
    1991 are required to meet specific closure standards (see 40 CFR 
    258.60). These standards include installation of a final cover 
    consisting of a minimum of 6 inches of topsoil over a minimum of 18 
    inches of clay. The cover must be no more permeable than the unit's 
    liner. The criteria also imply, but do not explicitly require, that 
    revegetation should be performed.
        These criteria indicate that for all but the most severe storm 
    events (i.e., greater than the 24-hour, 25-year storm event), new units 
    within MSWLFs will be required to separate storm water discharges from 
    active and inactive areas. (Active areas are defined as those that have 
    not yet received a final cover [as required under 258.60].) Further, 
    the closure/final cover criteria described above are intended to 
    prevent contact with waste materials and minimize erosion.
    4. Storm Water Pollution Prevention Plans Requirements
        The requirements for storm water pollution prevention plans under 
    this section build upon the requirements included in the common 
    pollution prevention requirements discussed in the front of this fact 
    sheet. As such, the following discussion focuses on the plan 
    requirements that are specific to landfills and land application sites. 
    The rationale for the common requirements applicable to all types of 
    facilities covered under today's permit (including landfills) is 
    provided in Part VI of this fact sheet.
        a. Description of Potential Pollutant Sources. The first step in 
    preventing pollution of storm water from landfills is to identify 
    potential sources of storm water contamination. Consequently, EPA is 
    requiring that landfill and land application site operators include, in 
    their pollution prevention plan, a narrative description of activities 
    at their facilities. The Agency is also requiring landfill permittees 
    to identify on a site map the locations of active and closed cells or 
    trenches, any known leachate springs or other areas where leachate may 
    commingle with runoff, the locations of any leachate collection and 
    handling systems, and the locations of stockpiles of landfill cover 
    material. The Agency is requiring land application site permittees to 
    identify on their site maps the locations of active and inactive land 
    application areas and the types of wastes applied in those areas, any 
    known leachate springs or other areas where leachate may commingle with 
    runoff, the locations of any leachate collection and handling systems, 
    and the locations of temporary waste storage areas. EPA believes these 
    requirements will, in the event contamination is detected in storm 
    water, facilitate the identification of any source of contamination.
        EPA is also requiring owners or operators to summarize all 
    available sampling data for storm water and leachate generated at the 
    site because the Agency believes these data will help to determine 
    whether storm water is commingling with any leachate produced at the 
    site. Finally, operators must identify any current NPDES-permitted 
    discharges at their sites.
        b. Measures and Controls. EPA is requiring good housekeeping 
    practices for materials storage areas exposed to precipitation and for 
    vehicle tracking of sediment and waste. EPA believes good 
    
    [[Page 50942]]
    housekeeping practices provide a simple and inexpensive means of 
    controlling pollutants from entering storm water and therefore will not 
    be overly burdensome to regulated facilities.
        EPA believes that frequent and thorough inspections are necessary 
    to ensure adequate functioning of: sediment and erosion controls, 
    leachate collection systems, intermediate and final covers, and 
    significant materials storage containers. Failure of any of the 
    aforementioned items could cause contamination of storm water with 
    sediment, leachate, or significant materials stored onsite. EPA 
    believes it is necessary to conduct inspections both during storm 
    events and during dry weather. Inspections during dry periods allow 
    facilities to identify and address any problems prior to a storm event, 
    thereby minimizing the chance for storm water contamination. 
    Inspections during significant storm events ensure that measures are 
    functioning as originally intended and provide an opportunity for 
    facilities to observe what materials and/or activities are exposed to 
    storm water. Pollution prevention plans must address the specific 
    inspection requirements for active and inactive landfills and land 
    application sites described in Part XI.L.3.a.(3).(d) of today's permit.
        Failures of significant materials storage containers, leachate 
    collection and treatment systems, cover materials, and sedimentation 
    and erosion controls can result in storm water contamination. EPA 
    believes it is necessary to maintain these items in good working order 
    to prevent storm water contamination. Consequently, EPA is requiring 
    (in pollution prevention plans) that owners or operators ensure the 
    maintenance of material storage areas to prevent leaking or rupture and 
    all elements of leachate collection and treatment systems to prevent 
    commingling of leachate with storm water. Pollution prevention plans 
    must also describe measures to be taken to protect the integrity and 
    effectiveness of any intermediate and final covers.
        EPA believes controls are needed to reduce potential TSS 
    contamination of storm water and to reduce suspended solids which have 
    been carried by storm water before the discharge leaves the site. 
    Therefore, EPA has chosen to require that pollution prevention plans 
    address both stabilization and structural controls to reduce potential 
    TSS loadings to surface waters.
    5. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. This section establishes 
    separate requirements for municipal solid waste landfills (MSWLFs) and 
    industrial landfills. These requirements are discussed below.
        (1) MSWLFs. The Agency believes that the MSWLF criteria in 40 CFR 
    258.60 will effectively separate runoff from active and inactive areas 
    at newer landfills. As a result, separate requirements have been 
    established for active and inactive areas at MSWLF sites.
        For discharges from active landfill areas, the Agency believes that 
    there is reasonable potential for runoff to contact waste materials. In 
    these areas, runoff may also become commingled with leachate. In fact, 
    a significant percentage of landfill facilities that submitted group 
    applications, identified leachate and wastes as ``exposed materials.'' 
    In addition, total suspended solids (TSS) levels are also likely to be 
    elevated where contact occurs with wastes, disturbed areas, and daily/
    intermediate cover materials.
        At this time, the Agency does not believe that there are sufficient 
    data available to establish numeric limits based on best available 
    technology for storm water discharges from active MSWLF areas. The data 
    submitted in the part 2 applications, as well as leachate data from 
    available literature, suggest that a variety of constituents may be 
    present at levels that are highly site-specific depending on the types 
    and extent of contact with exposed wastes and extent of commingling 
    with leachate. Furthermore, the volumes of runoff generated will be 
    dependent on the frequency and intensity of precipitation events. For 
    TSS, little or no data are available to characterize the TSS levels in 
    active landfill area runoff and to assess the performance of treatment 
    technologies/best management practices currently in use.
        Therefore, in this section, EPA is requiring that landfill 
    operators develop storm water pollution prevention plans. For active 
    landfill areas, these plans should be tailored toward minimizing 
    contact of storm water with waste materials. The plans should also 
    include design and implementation of best management practices and/or 
    treatment methods to control the pollutants likely to be found in 
    runoff at the site. For the active portion of the landfill, this 
    section also requires quarterly monitoring for TSS and total 
    recoverable iron (see below) to quantify the performance of BMPs/
    treatment measures. These data may be used in the future in the 
    development of individual and/or general permits to establish numeric 
    limitations based on best available technology. It should also be noted 
    that EPA is currently in the process of developing effluent limitation 
    guidelines for discharges of leachate from waste management facilities 
    (including MSWLFs). Where these effluent guidelines apply to discharges 
    from active areas, facilities will be required to comply with these 
    requirements on the effective date.
        For units/areas that ceased receiving wastes after October 1991, 
    EPA believes that closure criteria under 40 CFR 258.60 will minimize or 
    eliminate pollutant loadings from waste materials to storm water. For 
    MSWLF units closed in accordance with these criteria, TSS should be the 
    only pollutant of concern. Again, EPA does not believe that adequate 
    data are currently available to establish a numeric limitation based on 
    best available technology (BAT) for TSS in storm water discharges from 
    inactive areas. TSS concentrations in untreated storm water discharges 
    have not been sufficiently well characterized to address the site-
    specific variability arising from local geology and topography along 
    with individual cover materials and reclamation practices. Furthermore, 
    the available data do not support an assessment of the relative 
    performance of specific BMPs/treatment measures. Quarterly TSS 
    monitoring is required to provide additional data to evaluate the 
    effectiveness of specific control measures.
        The Agency is uncertain whether all MSWLF units which ceased 
    receiving wastes prior to October 1991 will have been closed in such a 
    manner to ensure long term stability and minimize the potential for 
    runoff to contact wastes and leachate. Therefore, operators of units 
    that were closed prior to October 1991 are required to conduct the same 
    monitoring as required for active areas. This monitoring is intended to 
    evaluate the integrity and performance of final cover materials in 
    minimizing pollutant loadings to storm water discharges. Based on the 
    results of this monitoring, the permitting authority may elect to 
    continue/modify or terminate the required monitoring, provide for 
    additional permit conditions (including specific BMPs and/or numeric 
    limitations), or terminate coverage under the permit, as appropriate.
        An exception from most monitoring requirements is provided for 
    older landfill areas closed prior to October 1991 in accordance with 
    State requirements that meet or exceed the final cover criteria in 40 
    CFR 258.60. Similar to newer units, TSS should be the only pollutant of 
    concern at these sites and only quarterly TSS monitoring is required. 
    
    [[Page 50943]]
    
        (2) Industrial Landfills. As discussed above, minimal data are 
    available to characterize storm water discharges or management 
    practices for industrial solid waste landfills. EPA recognizes that 
    onsite landfills are likely to be dedicated waste management units. 
    However, the 1988 Report to Congress indicates that these onsite units 
    can be found at sites in virtually every major industrial category. 
    Offsite landfills can receive industrial wastes from almost any 
    sources. Further, there are no current or planned Federal minimum 
    requirements for runon/runoff control and closure of these onsite and 
    offsite facilities. As a result, existing State programs vary. Some 
    States have extensive permitting and design standard requirements for 
    industrial landfills, often for specific waste types. In contrast, 
    other States have much more limited industrial solid waste programs.
        Because of the variability between sites, the need for 
    representative runoff characterization data, and the lack of 
    information on BMP/treatment method performance, this section does not 
    establish effluent limitations for storm water discharges from 
    industrial landfills. At this time, best available technology shall 
    consist of development and implementation of pollution prevention 
    plans. In addition, to ensure protection of water quality, the Agency 
    has established monitoring requirements based on the potential for 
    elevated TSS levels (due to erosion) and the concern that runoff from 
    industrial landfills may contact waste materials and/or leachate.
        (3) Land Application Sites. This section includes the same 
    requirements for land application sites as for industrial landfills (as 
    described above). The Agency does not currently have sufficient data to 
    identify specific pollutants common to land application sites and 
    develop numeric limitations. Therefore, the Agency believes that 
    requiring implementation of pollution prevention plans along with TSS 
    and Total Recoverable iron monitoring requirements is appropriate.
        In summary, EPA believes that landfill/land application sites may 
    reduce the level of pollutants in storm water runoff from their sites 
    through the development and proper implementation of the storm water 
    pollution prevention plan requirements discussed in today's permit. In 
    order to provide a tool for evaluating the effectiveness of the 
    pollution prevention plan and to characterize the discharge for 
    potential environmental impacts, the permit requires landfill/land 
    application sites to collect and analyze samples of their storm water 
    discharges for the pollutants listed in Table L-5.
        At a minimum, storm water discharges from landfill/land application 
    sites must be monitored quarterly during the second year of permit 
    coverage. At the end of the second year of permit coverage, a facility 
    must calculate the average concentration for each parameter listed in 
    Table L-5. If the permittee collects more than four samples in this 
    period, then they must calculate an average concentration for each 
    pollutant of concern for all samples analyzed.
    
                  Table L-5.--Industry Monitoring Requirements              
    ------------------------------------------------------------------------
                                                               Cut-off      
                   Pollutants of concern                    concentration   
    ------------------------------------------------------------------------
    Total Suspended Solids (TSS) i....................  100 mg/L.           
    Total Recoverable Iron ii.........................  1.0 mg/L.           
    ------------------------------------------------------------------------
    i Applicable to all landfill and land application sites.                
    ii Applicable to all facilities except MSWLF areas closed in accordance 
      with 40 CFR 258.60 requirements.                                      
    
        If the average concentration for a parameter is less than or equal 
    to the value listed in Table L-5, then the permittee is not required to 
    conduct quantitative analysis for that parameter during the fourth year 
    of the permit. If, however, the average concentration for a parameter 
    is greater than the cut-off concentration listed in Table L-5, then the 
    permittee is required to conduct quarterly monitoring for that 
    parameter during the fourth year of permit coverage. Monitoring is not 
    required during the first, third, and fifth year of the permit. The 
    exclusion from monitoring in the fourth year of the permit is 
    conditional on the facility maintaining industrial operations and BMPs 
    that will ensure a quality of storm water discharges consistent with 
    the average concentrations recorded during the second year of the 
    permit. The schedule of monitoring is presented in Table L-6.
    
                       Table L-6.--Schedule of Monitoring                   
                                                                            
                                                                            
    2nd Year of Permit          Conduct quarterly monitoring.       
     Coverage.                                                              
                                Calculate the average concentration 
                                for all parameters analyzed during this     
                                period.                                     
                                If average concentration is greater 
                                than the value listed in Table L-5, then    
                                quarterly sampling is required during the   
                                fourth year of the permit.                  
                                If average concentration is less    
                                than or equal to the value listed in Table L-
                                5, then no further sampling is required for 
                                that parameter.                             
    4th Year of Permit          Conduct quarterly monitoring for any
     Coverage.                  parameter where the average concentration in
                                year 2 of the permit is greater than the    
                                value listed in Table L-5.                  
                                If industrial activities or the     
                                pollution prevention plan have been altered 
                                such that storm water discharges may be     
                                adversely affected, quarterly monitoring is 
                                required for all parameters of concern.     
    
        In cases where the average concentration of a parameter exceeds the 
    cut-off concentration, EPA expects permittees to place special emphasis 
    on methods for reducing the presence of those parameters in storm water 
    discharges. Quarterly monitoring in the fourth year of the permit will 
    reassess the effectiveness of the adjusted pollution prevention plan.
        The monitoring cut off concentrations listed in Table L-5 are not 
    numerical effluent limitations. These values represent a level of 
    pollutant discharge which facilities may achieve through the 
    implementation of pollution prevention plans. At least half of the 
    facilities which submitted Part 2 data, 
    
    [[Page 50944]]
    reported concentrations greater than or equal to the values listed in 
    Table L-5. Facilities that achieve average discharge concentrations 
    which are less than or equal to the values in Table L-5 are not 
    relieved from the pollution prevention plan requirements or any other 
    requirements of the permit.
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly chemical sampling.
        b. Alternative Certification. Throughout today's permit, EPA has 
    included monitoring requirements for facilities which the Agency 
    believes have the potential for contributing significant levels of 
    pollutants to storm water discharges. The alternative described below 
    is necessary to ensure that monitoring requirements are only imposed on 
    those facilities that do, in fact, have storm water discharges 
    containing pollutants at concentrations of concern. EPA has determined 
    that if materials and activities are not exposed to storm water at the 
    site, then the potential for pollutants to contaminate storm water 
    discharges does not warrant monitoring.
        Therefore, a discharger is not subject to the monitoring 
    requirements of this Part provided the discharger makes a certification 
    for a given outfall, or on a pollutant-by-pollutant basis in lieu of 
    monitoring reports described in (c) below, under penalty of law, signed 
    in accordance with Part VII.G. (Signatory Requirements), that material 
    handling equipment or activities, raw materials, intermediate products, 
    final products, waste materials, by-products, industrial machinery or 
    operations, significant materials from past industrial activity, that 
    are located in areas of the facility that are within the drainage area 
    of the outfall are not presently exposed to storm water and will not be 
    exposed to storm water for the certification period. Such certification 
    must be retained in the storm water pollution prevention plan and 
    submitted to EPA in accordance with Part VI.C. of this permit. In the 
    case of certifying that a pollutant is not present, the permittee must 
    submit the certification along with the monitoring reports required 
    under paragraph (c) below. If the permittee cannot certify for an 
    entire period, they must submit the date exposure was eliminated and 
    any monitoring required up until that date. This certification option 
    is not applicable to compliance monitoring requirements associated with 
    effluent limitations. EPA does not expect facilities to be able to 
    exercise this certification for indicator parameters, such as TSS and 
    BOD.
        c. Reporting Requirements. Permittees are required to submit all 
    monitoring results obtained during the second and fourth year of permit 
    coverage within 3 months of the conclusion of each year. Such 
    permittees must submit monitoring results on signed Discharge 
    Monitoring Report Forms to the Director. For each outfall, one 
    Discharge Monitoring Reporting Form must be submitted per storm event 
    sampled. For facilities conducting monitoring beyond the minimum 
    quarterly requirements an additional Discharge Monitoring Report Form 
    must be filed for each analysis.
        d. Sample Type. All discharge data shall be reported for grab 
    samples. All such samples shall be collected from the discharge 
    resulting from a storm event that is greater than 0.1 inches in 
    magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. The required 
    72-hour storm event interval is waived where the preceding measurable 
    storm event did not result in a measurable discharge from the facility. 
    The required 72-hour storm event interval may also be waived where the 
    permittee documents that less than a 72-hour interval is representative 
    for local storm events during the season when sampling is being 
    conducted. The grab sample shall be taken during the first 30 minutes 
    of the discharge. If the collection of a grab sample during the first 
    30 minutes is impracticable, a grab sample can be taken during the 
    first hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable.
        If storm water discharges associated with industrial activity 
    commingle with process or nonprocess water, then where practicable 
    permittees must attempt to sample the storm water discharge before it 
    mixes with the non-storm water discharge.
        e. Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluent. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        f. Quarterly Visual Examination of Storm Water Quality. Landfills 
    and land application sites shall perform and document a visual 
    examination of a storm water discharge associated with industrial 
    activity from each outfall, except discharges exempted under paragraph 
    (3) below. The examination(s) must be made at least once in each of the 
    following three-month periods: January through March, April through 
    June, July through September, and October through December. The 
    examination shall be made during daylight hours unless there is 
    insufficient rainfall or snow melt to produce a runoff event.
        (1) Examinations shall be made of grab samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    1 hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual should carry out the collection and 
    examination of discharges for entire permit term.
        (2) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (3) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, 
    
    [[Page 50945]]
    and management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the observation data also applies 
    to the substantially identical outfall(s) provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage are (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (4) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examinations. Adverse weather conditions that may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (5) EPA realizes that if a facility is inactive and unstaffed it 
    may be difficult to collect storm water discharge samples when a 
    qualifying event occurs. Today's final permit has been revised so that 
    inactive, unstaffed facilities can exercise a waiver of the requirement 
    to conduct quarterly visual examination.
        EPA believes that this quick and simple assessment will allow the 
    permittee to approximate the effectiveness of his/her plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the chemical properties of the storm water discharged from the 
    site, the examination will provide meaningful results upon which the 
    facility may act quickly. The frequency of this visual examination will 
    also allow for timely adjustments to be made to the plan. If BMPs are 
    performing ineffectively, corrective action must be implemented. A set 
    of tracking or follow-up procedures must be used to ensure that 
    appropriate actions are taken in response to the examinations. The 
    visual examination is intended to be performed by members of the 
    pollution prevention team. This hands-on examination will enhance the 
    staff's understanding of the storm water problems on that site and 
    effects on the management practices that are included in the plan.
    
    M. Storm Water Discharges Associated With Industrial Activity From 
    Automobile Salvage Yards
    
    1. Industry Profile
        On November 16, 1990 (55 FR 47990), EPA promulgated the regulatory 
    definition of ``storm water discharges associated with industrial 
    activity.'' This definition included point source discharges of storm 
    water from eleven categories of facilities, including ``* * * battery 
    reclaimers, salvage yards, and automobile recyclers, including but 
    limited to those classified as Standard Industrial Classification 
    5015.* * *''
        This section establishes special conditions for the storm water 
    discharges associated with industrial activities at automobile salvage 
    yards. Washwaters from vehicle, equipment, and parts cleaning areas are 
    process wastewaters. Discharges of process wastewater and discharges 
    subject to process wastewater effluent limitation guidelines are not 
    eligible for coverage under this section.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        This section has been developed for storm water discharges 
    associated with activities related to dismantling of used motor 
    vehicles for the purpose of selling parts. As stated above, category 
    (vi) of the definition of storm water discharges associated with 
    industrial activity includes facilities primarily engaged in the 
    wholesale or retail distribution of used motor vehicle parts and 
    classified as SIC code 5015. Dismantlers are a major source for 
    replacement parts for motor vehicles in service.
        The following description summarizes operations that might occur at 
    a typical automobile dismantling facility. The primary activity 
    involves the dismantling or wrecking of used motor vehicles. Some 
    facilities, however, perform vehicle maintenance and may rebuild 
    vehicles for resale.
        Typically, automobile dismantling facilities receive vehicles that 
    are either uneconomical to run or wrecks that are uneconomical to 
    repair. The nature of operations generally depends on the size and 
    location of the facility. In urban areas where land is more valuable, 
    vehicles are typically dismantled upon arrival, parts are segregated, 
    cleaned, and stored. Remaining hulks are generally sold to scrap 
    dealers rather than stored onsite due to limited space. In more rural 
    areas, discarded vehicles are typically stored on the lot and parts 
    removed as necessary. Remaining hulks are sold to scrap dealers less 
    frequently.
        Once a used vehicle is brought to the site, fluids may be drained 
    and the tires, gas tank, radiator, engine and seats may be removed. The 
    dismantler may separate and clean parts. Such cleaning may include 
    steam cleaning of the engine and transmission as well as the use of 
    solvents to remove oil and grease and other residues. Usable parts are 
    then inventoried and stored for resale. The remaining car and/or truck 
    bodies are stored onsite for future sale of the sheet metal and glass. 
    Stripped vehicles and parts that have no resale value are typically 
    crushed and sold to a steel scrapper. Some operations may, however, 
    convert used vehicles and parts into steel scrap as a secondary 
    operation. This is accomplished by incineration, shearing (bale 
    shearer), shredding, or baling.
        According to the 1987 census, 6,075 establishments reported SIC 
    code 5015 as their primary SIC code, although some estimates indicate 
    that there may be as many as 11,000 to 12,000 of these facilities.\89\ 
    Vehicle wreckers and dismantlers are generally small, privately owned 
    businesses. Most facilities employ 10 or fewer employees and derive the 
    majority of their profits from the sale of usable parts. Only a small 
    percentage of this universe consists of large establishments with 
    fleets of trucks, cranes, mobile balers and computers to maintain 
    inventories of parts.\90\
    
        \89\ ''The Automobile Scrap Processing Industry,'' Howard Ness, 
    P.E., 1984.
        \90\ Ibid.
    ---------------------------------------------------------------------------
    
        Table M-1 below lists potential pollutant sources from activities 
    that commonly take place at automobile salvage yards.
    
                                                                            
    
    [[Page 50946]]
                      Table M-1.--Common Pollutant Sources                  
    ------------------------------------------------------------------------
            Activity             Pollutant source           Pollutants      
    ------------------------------------------------------------------------
    Vehicle Dismantling....  Oil, anti-freeze,        Oil and grease,       
                              batteries, gasoline,     ethylene glycol,     
                              diesel fuel, hydraulic   heavy metals.        
                              fluids.                                       
    Used Parts Storage.....  Batteries, chrome        Sulfuric acid,        
                              bumpers, wheel balance   galvanized metals,   
                              weights, tires, rims,    heavy metals,        
                              filters, radiators,      petroleum            
                              catalytic converters,    hydrocarbons,        
                              engine blocks, hub       suspended solids.    
                              caps, doors,                                  
                              drivelines, galvanized                        
                              metals, mufflers.                             
    Outdoor Vehicle and      Leaking engines,         Oil and grease,       
     Equipment Storage.       chipping/corroding       arsenic, organics,   
                              bumpers, chipping        heavy metals, TSS.   
                              paint, galvanized                             
                              metal.                                        
    Vehicle and Equipment    Parts cleaning.........  Chlorinated solvents, 
     Maintenance.                                      oil and grease, heavy
                                                       metals, acid/alkaline
                                                       wastes.              
                             Waste disposal of        Oil, heavy metals,    
                              greasy rags, oil         chlorinated solvents,
                              filters, air filters,    acid/alkaline wastes 
                              batteries, hydraulic     oil, heavy metals,   
                              fluids, transmission     chlorinated solvents,
                              fluids, radiator         acid/alkaline wastes,
                              fluids, degreasers.      ethylene glycol.     
                             Spills of oil,           Oil, arsenic, heavy   
                              degreasers, hydraulic    metals, organics,    
                              fluids, transmission     chlorinated solvents,
                              fluid, and radiator      ethylene glycol      
                              fluids.                                       
                             Fluids replacement,      Oil, arsenic, heavy   
                              including oil,           metals, organics,    
                              hydraulic fluids,        chlorinated solvents,
                              transmission fluid,      ethylene glycol.     
                              and radiator fluids.                          
    Vehicle, Equipment, and  Washing and steam        Oil and grease,       
     Parts Washing Areas.     cleaning waters.         detergents, heavy    
                                                       metals, chlorinated  
                                                       solvents, phosphorus,
                                                       salts, suspended     
                                                       solids.              
    Liquid Storage in Above  External corrosion and   Fuel, oil and grease, 
     Ground Storage Tanks.    structural failure.      heavy metals,        
                                                       materials being      
                                                       stored.              
                             Installation problems..  Fuel, oil and grease, 
                                                       heavy metals,        
                                                       materials being      
                                                       stored.              
                             Spills and overfills     Fuel, oil and grease, 
                              due to operator error.   heavy metals,        
                                                       materials being      
                                                       stored.              
    Illicit Connection to    Process wastewater.....  Dependent on          
     Storm Sewer.                                      operations.          
                             Sanitary water.........  Bacteria, biochemical 
                                                       oxygen demand (BOD), 
                                                       suspended solids.    
                             Floor drain............  Oil and grease, heavy 
                                                       metals, chlorinated  
                                                       solvents, fuel,      
                                                       ethylene glycol.     
                             Vehicle washwaters.....  Oil and grease,       
                                                       detergents, metals,  
                                                       chlorinated solvents,
                                                       phosphorus, suspended
                                                       solids.              
                             Radiator flushing        Ethylene glycol.      
                              wastewater.                                   
                             Leaking underground      Materials stored or   
                              storage tanks.           previously stored.   
    ------------------------------------------------------------------------
    Sources:                                                                
    NPDES Storm Water Group Applications--Part 1. Received by EPA March 18, 
      1991 through December 31, 1992.                                       
    Alabama Department of Environmental Management. September 30, 1992.     
      ``Best Management Plan for Automobile Salvage Yards--Final Report.''  
    EPA, Office of Research and Development. October 1991. ``Guides to      
      Pollution Prevention--The Automotive Refinishing Industry.'' EPA/625/7-
      91/016.                                                               
    EPA, Office of Research and Development. October 1991. ``Guides to      
      Pollution Prevention--The Automotive Repair Industry.'' EPA/625/7-91/ 
      013.                                                                  
    EPA, Office of Research and Development. May 1992. ``Facilities         
      Pollution Prevention Guide.'' EPA/600/R-92/088.                       
    EPA, Office of Water. September 1992. ``Storm Water Management for      
      Industrial Activities--Developing Pollution Prevention Plans and Best 
      Management Practices.'' EPA 832-R-92-006.                             
    
    
    2. Pollutants in Storm Water Discharges Associated With Automobile 
    Salvage Yards.
        Impacts caused by storm water discharges from automobile salvage 
    yards will vary. Several factors influence to what extent operations at 
    the site can affect water quality. Such factors include: geographic 
    location; hydrogeology; the types of industrial activity occurring 
    outside (e.g., dismantling, vehicle and parts storage, or steam 
    cleaning); the size of the operation; and the type, duration, and 
    intensity of precipitation events. Each of these, and other factors, 
    will interact to influence the quantity and quality of storm water 
    runoff. For example, outdoor storage of leaking engine blocks may be a 
    significant source of pollutants at some facilities, while dismantling 
    operations is the primary source at others. In addition, sources of 
    pollutants other than storm water, such as illicit connections,\91\ 
    spills, and other improperly dumped materials, may increase the 
    pollutant loading discharged into waters of the United States.
    
        \91\ Illicit connections are contributions of unpermitted non-
    storm water discharges to storm sewers from any number of sources 
    including improper connections, dumping or spills from industrial 
    facilities, commercial establishments, or residential dwellings. The 
    probability of illicit connections at used motor vehicle parts 
    facilities is low yet it may be applicable at some operations.
    ---------------------------------------------------------------------------
    
        EPA has identified the storm water pollutants and sources resulting 
    from various automobile salvage yard activities in Table M-1. Table M-1 
    identifies oil, heavy metals, acids, and ethylene glycol as some of the 
    parameters of concern at automobile salvage yards.
        Based on the similarities of the facilities included in this sector 
    in terms of industrial activities and significant materials, EPA 
    believes it is appropriate to discuss the potential pollutants at 
    automobile salvage yards as a whole and not subdivide this sector. 
    Therefore, Table M-2 lists data for selected parameters from facilities 
    in the automobile salvage yards sector. These data include the eight 
    pollutants that all 
    
    [[Page 50947]]
    facilities were required to monitor under Form 2F, as well as the 
    pollutants that EPA determined merit further monitoring.
    
                  Table M-2.--Statistics for Selected Pollutants Reported by Automobile Salvage Yards Submitting Part II Sampling Data i (mg/L)             
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                No. of        No. of          Mean           Minimum         Maximum           Median      95th percentile   99th percentile
                              facilities      samples   ----------------------------------------------------------------------------------------------------
     Pollutant Sample type -----------------------------                                                                                                    
                             Grab   Comp    Grab   Comp   Grab    Comp    Grab    Comp     Grab    Comp    Grab     Comp    Grab     Comp     Grab     Comp 
    ---------------------------------ii---------------------------------------------------------------------------------------------------------------------
    BOD5..................     45      59     58     74    15.9   12.37     2.0     0.0    216.0    84.0     7.0      6.0    42.3    38.62     82.5    77.33
    COD...................     65      43     83     54   123.8   73.52     0.0    11.0   1660.0   215.0    62.0     54.5   365.2    177.2    722.3    279.3
    Nitrate + Nitrite                                                                                                                                       
     Nitrogen.............     45      58     58     73    1.02    2.38    0.00     0.0     6.50    69.3    0.60     0.67    3.23     6.96     6.52     17.0
    Total Kjeldahl                                                                                                                                          
     Nitrogen.............     37      51     50     68    3.19    2.20    0.04    0.04     18.0   011.0    2.00     1.68   10.22     6.01    19.48     10.2
    Oil & Grease..........     41     N/A     58    N/A     7.0     N/A     0.0     N/A     84.0     N/A     3.0      N/A    26.8      N/A     60.5      N/A
    pH....................     67     N/A     87    N/A     N/A     N/A     3.1     N/A      9.1     N/A     7.3      N/A     9.0      N/A      9.9      N/A
    Total Phosphorus......     39      54     52     66    0.76    1.22    0.00    0.00    11.20    45.0    0.15     0.11    2.61     2.49     7.70     7.79
    Total Suspended Solids     47      60     60     76     552   524.9       0     1.0     4200    8565     196   166.00    2473   2462.6     6951   7999.9
    Aluminum, Total.......     37      34     37     34   13.38    9.14    0.30    0.40    88.00   45.20    8.50     5.95   61.05    36.47   158.90    81.08
    Iron, Total...........     37      34     37     34    19.1    11.2     0.9     0.7     95.0    54.0    10.7      7.5    82.3     43.9    212.2     98.6
    Lead, Total...........     22      22     24     22   0.340   0.200   0.100   0.100    1.400   0.600    0.21     0.10   0.884    0.467    1.512    0.731
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported
      as non-detect or below detection limit were assumed to be 0.                                                                                          
    ii Composite samples.                                                                                                                                   
    
    3. Options for Controlling Pollutants
        In evaluating options for controlling pollutants in storm water 
    discharges, EPA must achieve compliance with the technology-based 
    standards of the Clean Water Act [Best Available Technology (BAT) and 
    Best Conventional Technology (BCT)]. The Agency does not believe that 
    it is appropriate to establish specific numeric effluent limitations or 
    a specific design or performance standard in this section for storm 
    water discharges associated with industrial activity from automobile 
    salvage yard operations to meet the BAT/BCT standards of the Clean 
    Water Act. Because of the diversity of operations at automobile salvage 
    yards and the lack of sufficient storm water water quality data 
    currently available to EPA, establishing numeric effluent limitations 
    is not feasible at this time. Rather, this section establishes 
    requirements for the development and implementation of a site-specific 
    storm water pollution prevention plan consisting of a set of Best 
    Management Practices that are sufficiently flexible to address 
    different sources of pollutants at different sites.
        Best Management Practices (BMPs) are implemented to prevent and/or 
    eliminate pollutants in storm water discharges. EPA believes the most 
    effective BMPs for reducing pollutants in storm water discharges from 
    automobile salvage yards is through exposure minimization practices. 
    Exposure minimization practices minimize the potential for storm water 
    to come in contact with pollutants. These BMP methods are generally 
    uncomplicated and inexpensive practices. They are easy to implement, 
    and require little or no maintenance. In some instances, more 
    resources-intensive BMPs, including detention ponds or filtering 
    devices, may be necessary depending on the type of discharge, types and 
    concentrations of contaminants, and volume of flow.
        The selection of the most effective BMPs will be based on site-
    specific considerations such as: facility size, climate, geographic 
    location, hydrogeology and the environmental setting of each facility, 
    and volume and type of discharge generated. Each facility will be 
    unique in that the source, type, and volume of contaminated storm water 
    discharges will differ. In addition, the fate and transport of 
    pollutants in these discharges will vary. EPA believes that the 
    management practices discussed herein are well suited mechanisms to 
    prevent or control the contamination of storm water discharges 
    associated with automobile salvage yards.
        Part 1 group application data indicate that BMPs have not been 
    widely implemented at the representative sampling facilities. Less than 
    5 percent of the sampling subgroup list indoor storage as a material 
    management practice. Less than 8 percent of the representative sampling 
    facilities use covering at their storage areas. Less than 3 percent of 
    the representative facilities utilize waste minimization practices. The 
    most commonly listed (approximately 20 percent) material management 
    practice is draining fluids from vehicles prior to storage. Because 
    BMPs described in part 1 data are limited, Table M-3 is provided to 
    identify BMPs associated with activities that may be employed at 
    automobile salvage yards.
    
            Table M-3.--Storm Water BMPs for Automobile Salvage Yards       
    ------------------------------------------------------------------------
             Activity                               BMPs                    
    ------------------------------------------------------------------------
    Dismantling and vehicle    Drain all fluids from vehicles upon arrival  
     maintenance.               at the site. Segregate the fluids and       
                                properly store or dispose of them.          
                               Maintain an organized inventory of materials 
                                used in the maintenance shop.               
                               Keep waste streams separate (e.g., waste oil 
                                and mineral spirits). Nonhazardous          
                                substances that are contaminated with a     
                                hazardous substance is considered a         
                                hazardous substance.                        
                               Recycle anti-freeze, gasoline, used oil,     
                                mineral spirits, and solvents.              
                               Dispose of greasy rags, oil filters, air     
                                filters, batteries, spent coolant, and      
                                degreasers properly.                        
                               Label and track the recycling of waste       
                                material (e.g., used oil, spent solvents,   
                                batteries).                                 
                               Drain oil filters before disposal or         
                                recycling.                                  
    
    [[Page 50948]]
                                                                            
                               Store cracked batteries in a nonleaking      
                                secondary container.                        
                               Promptly transfer used fluids to the proper  
                                container. Do not leave full drip pans or   
                                other open containers around the shop. Empty
                                and clean drip pans and containers.         
                               Do not pour liquid waste down floor drains,  
                                sinks, or outdoor storm drain inlets.       
                               Plug floor drains that are connected to the  
                                storm or sanitary sewer. If necessary,      
                                install a sump that is pumped regularly.    
                               Inspect the maintenance area regularly for   
                                proper implementation of control measures.  
                               Filtering storm water discharges with devices
                                such as oil-water separators.               
                               Train employees on proper waste control and  
                                disposal procedures.                        
    Outdoor vehicle,           Use drip pans under all vehicles and         
     equipment, and parts       equipment waiting for maintenance and during
     storage.                   maintenance.                                
                               Store batteries on impervious surfaces. Curb,
                                dike or berm this area.                     
                               Confine storage of parts, equipment and      
                                vehicles to designated areas.               
                               Cover all storage areas with a permanent     
                                cover (e.g., roofs) or temporary cover      
                                (e.g., canvas tarps).                       
                               Install curbing, berms or dikes around       
                                storage areas.                              
                               Inspect the storage yard for filling drip    
                                pans and other problems regularly.          
                               Train employees on procedures for storage and
                                inspection items.                           
    Vehicle, equipment and     Avoid washing parts or equipment outside.    
     parts washing areas.                                                   
                               Use phosphate-free biodegradable detergents. 
                               Consider using detergent-based or water-based
                                cleaning systems in place of organic solvent
                                degreasers.                                 
                               Designate an area for cleaning activities.   
                               Contain steam cleaning washwaters or         
                                discharge under an applicable NPDES permit. 
                               Ensure that washwaters drain well.           
                               Inspect cleaning area regularly.             
                               Install curbing, berms or dikes around       
                                cleaning areas.                             
                               Train employees on proper washing procedures.
    Liquid storage in above    Maintain good integrity of all storage       
     ground containers.         containers.                                 
                               Install safeguards (such as diking or        
                                berming) against accidental releases at the 
                                storage area.                               
                               Inspect storage tanks to detect potential    
                                leaks and perform preventive maintenance.   
                               Inspect piping systems (pipes, pumps,        
                                flanges, couplings, hoses, and valves) for  
                                failures or leaks.                          
                               Train employees on proper filling and        
                                transfer procedures.                        
    Improper connection with   Plug all floor drains if it is unknown       
     storm sewers.              whether the connection is to storm sewer or 
                                sanitary sewer systems. Alternatively,      
                                install a sump that is pumped regularly.    
                               Perform dye testing to determine if          
                                interconnections exist between sanitary     
                                water system and storm sewer system.        
                               Update facility schematics to accurately     
                                reflect all plumbing connections.           
                               Install a safeguard against vehicle          
                                washwaters and parts cleaning waters        
                                entering the storm sewer unless permitted.  
                               Maintain and inspect the integrity of all    
                                underground storage tanks; replace when     
                                necessary.                                  
                               Train employees on proper disposal practices 
                                for all materials.                          
    ------------------------------------------------------------------------
    Sources: NPDES Storm Water Group ApplicationsPart 1. Received by EPA   
      March 18, 1991 through December 31, 1992.                             
    EPA, Office of Research and Development. October 1991. ``Guides to      
      Pollution Prevention--The Automotive Refinishing Industry.'' EPA/625/7-
      91/0.                                                                 
    EPA, Office of Research and Development. October 1991. ``Guides to      
      Pollution Prevention--The Automotive Repair Industry.'' EPA/625/7-91/ 
      013.                                                                  
    EPA, Office of Research and Development. May 1992. ``Facility Pollution 
      Prevention Guide.'' EPA/600/R-92/088.                                 
    EPA, Office of Water. September 1992. ``Storm Water Management for      
      Industrial Activities--Developing Pollution Prevention Plans and Best 
      Management Practices.'' EPA 832-R-92-006.                             
    Minnesota Technical Assistance Program. September 1988. ``Waste         
      minimization--Auto Salvage Yards.''                                   
    
    
    4. Pollutant Control Measures Required Through Other EPA Programs
        Because hazardous substance including oil, gasoline, and lead are 
    commonly found at automobile salvage yards, such facilities may be 
    subject to other State or Federal environmental protection programs. In 
    particular, as described below, the Resource Conservation and Recovery 
    Act (RCRA) and the Underground Storage Tank (UST) programs require 
    careful management of materials used onsite which decreases the 
    probability that storm water from such areas will be contaminated by 
    these materials.
        Under the RCRA program, on September 10, 1992, EPA promulgated 
    standards in 40 CFR Part 279 for the management of used oils that are 
    recycled (57 FR 41566). These standards include requirements for used 
    oil generators, transporters, processors/re-refiners, and burners. The 
    standards for used oil generators apply to all generators, regardless 
    of the amount of used oil they generate. Do-it-yourself (DIY) 
    generators which generate used oil from the maintenance of their 
    personal vehicles, however, are not subject to the management standards 
    in 40 CFR 279.20(a)(1)).
        The requirements for used oil generators were designed to impose a 
    minimal burden on generators while protecting human health and the 
    environment from the risks associated with managing used oil. Under 
    Subpart C of 40 CFR Part 279, used oil generators must not store used 
    oil in units other than tanks, containers, or units subject to 
    regulation under 40 CFR Parts 264/265 (Section 279.22(a)). In other 
    words, generators may store used oil in tanks or containers that are 
    not subject to Subpart J (hazardous waste 
    
    [[Page 50949]]
    tanks) or Subpart I (containers) of 40 CFR Parts 264/265, as long as 
    such tanks or containers are maintained in compliance with the used oil 
    management standards. This does not preclude generators from storing 
    used oil in Subpart J tanks or Subpart I containers or other units, 
    such as surface impoundments (Subpart K), that are subject to 
    regulation under 40 CFR Part 264 or 265.
        Storage units at generator facilities must be maintained in good 
    condition and labeled with the words ``used oil.'' Upon detection of a 
    release of used oil to the environment, a generator must take steps to 
    stop the release, contain the released used oil, and properly manage 
    the released used oil and other materials [40 CFR 279.22 (b) to (d)]. 
    Generators storing used oil in underground storage tanks are subject to 
    the UST regulations in 40 CFR Part 280.
        If used oil generators ship used oil offsite for recycling, they 
    must use a transporter who has notified EPA and obtained an EPA 
    identification number [40 CFR 279.24].
        The technical standards for USTs at 40 CFR Part 280 require that 
    new UST systems (defined as systems for which installation commenced 
    after December 12, 1988) use overfill prevention equipment that will: 
    1) automatically shut off flow into the tank when the tank is no more 
    than 95 percent full; or 2) alert the transfer operator when the tank 
    is no more than 90 percent full by restricting the flow into the tank 
    or triggering a high level alarm. The preceding requirements do not 
    apply to systems that are filled by transfers of no more than 25 
    gallons at one time. Existing UST systems (defined as systems for which 
    installation has commenced on or before December 12, 1988) are required 
    to have installed the described overfill prevention equipment by 
    December 12, 1998.
    5. Storm Water Pollution Prevention Plan Requirements
        EPA believes that pollution prevention is the most effective 
    approach for controlling contaminated storm water discharges from 
    automobile salvage yards. Pollution prevention plans allow the operator 
    of a facility to select BMPs based on site-specific considerations such 
    as: facility size; climate; geographic location; geology/hydrology; the 
    environmental setting of each facility; and volume and type of 
    discharge generated. This flexibility is necessary because each 
    facility will be unique in that the source, type, and volume of 
    contaminated surface water discharges will differ from site to site.
        Under today's general permit, all facilities must prepare and 
    implement a storm water pollution prevention plan. The establishment of 
    a pollution prevention plan requirement reflects EPA's decision to 
    allow operators of automobile salvage yards to utilize BMPs as the BAT/
    BCT level of control for the storm water discharges covered by this 
    section. The requirements included in pollution prevention plans 
    provide a flexible framework for the development and implementation of 
    site specific controls to minimize pollutants in storm water 
    discharges. This approach and associated deadlines are consistent with 
    EPA's storm water general permits finalized on September 9, 1992 and 
    September 25, 1992 for discharges in nonauthorized NPDES States (57 FR 
    41236).
        There are two major objectives to a pollution prevention plan: 1) 
    to identify sources of pollution potentially affecting the quality of 
    storm water discharges associated with industrial activity from a 
    facility; and 2) to describe and ensure implementation of practices to 
    minimize and control pollutants in storm water discharges associated 
    with industrial activity from a facility.
        Specific requirements for a pollution prevention plan for 
    automobile salvage yards are described below. These requirements must 
    be implemented in addition to the baseline pollution prevention plan 
    provisions discussed previously.
        a. Contents of the Plan. Storm water pollution prevention plans are 
    intended to aid operators of automobile salvage yards to evaluate all 
    potential pollution sources at a site, and assist in the selection and 
    implementation of appropriate measures designed to prevent, or control, 
    the discharge of pollutants in storm water runoff. EPA has developed 
    guidance entitled ``Storm Water Management for Industrial Activities: 
    Developing Pollution Prevention Plans and Best Management Practices,'' 
    EPA, 1992, (EPA 832-R-92-006) to assist permittees in developing and 
    implementing pollution prevention measures.
        (1) Description of Potential Pollution Sources. There are no 
    requirements beyond those described in Part VI.C.2 of this fact sheet.
        (2) Measures and Controls. Following completion of the source 
    identification and assessment phase, the permittee must evaluate, 
    select, and describe the pollution prevention measures, best management 
    practices (BMPs), and other controls that will be implemented at the 
    facility. For the following areas at the site, the permittee must 
    assess the applicability of the corresponding BMPs:
        Vehicle Dismantling and Maintenance Areas--The plan must describe 
    measures that prevent or minimize contamination of the storm water 
    runoff from all areas used for vehicle dismantling and maintenance. The 
    facility must consider draining and segregating all fluids from 
    vehicles upon arrival at the site, or as soon as feasible thereafter. 
    The facility must consider performing all maintenance activities 
    indoors, maintaining an organized inventory of materials used in the 
    shop, draining all parts fluids prior to disposal, prohibiting the 
    practice of hosing down the shop floor, using dry cleanup methods, and/
    or collecting the storm water runoff from the maintenance area and 
    providing treatment. Where dismantling and maintenance activities can 
    not take place indoors, facilities may consider methods for containing 
    oil or other fluid spillage during parts removal. Drip pans, large 
    plastic sheets, or canvas may be considered for placement under 
    vehicles or equipment during maintenance and dismantling activities. 
    Where drip pans are used, they should not be left unattended to prevent 
    accidental spills.
        Vehicle, Parts, and Equipment Storage Areas--The storage of 
    vehicles, parts, and equipment must be confined to designated areas 
    (delineated on the site map). The plan must describe measures that 
    prevent or minimize contamination of the storm water runoff from these 
    areas. The facility must consider the use of drip pans, large sheets of 
    plastic, canvas (or equivalent measures) under vehicles, parts, and 
    equipment. Canvas or sheets of plastic may be used as temporary 
    coverage of storage areas. Indoor storage of vehicles, parts and 
    equipment, as well as the installation of roofs, curbing, berming and 
    diking of these areas must be considered. Large plastic or metal bins 
    with secure lids should be used to store oily parts (e.g., small engine 
    parts). Used batteries should be stored within nonleaking secondary 
    containment or by other equivalent means to prevent leaks of acid into 
    storm water discharges.
        Material Storage Areas--As part of a good housekeeping program, 
    consider labeling storage units of all materials (e.g., used oil, used 
    oil filters, spent solvents, paint wastes, radiator fluids, 
    transmission fluids, hydraulic fluids). Maintain such containers and 
    units in good condition, so as to prevent contamination of storm water. 
    The plan must describe measures that prevent or minimize contamination 
    of the storm 
    
    [[Page 50950]]
    water runoff from such storage areas. The facility may consider indoor 
    storage of the materials and/or installation of berming and diking of 
    the area.
        Vehicle, Equipment, and Parts Cleaning Areas--The plan must 
    describe measures that prevent or minimize contamination of storm water 
    from all areas used for vehicle, equipment, and parts cleaning. The 
    facility must consider performing all cleaning operations indoors. In 
    addition, the facility must consider covering or berming the cleaning 
    operation area. Washwaters from vehicle, equipment, and parts cleaning 
    areas are process wastewaters that are not authorized discharges under 
    this section.
        These four areas are sources of pollutants in storm water from 
    automobile salvage yards. EPA believes that the incorporation of BMPs 
    such as those suggested, in conjunction with a pollution prevention 
    plan, will substantially reduce the potential of storm water 
    contamination from these areas. In addition, EPA believes that these 
    requirements continue to provide the necessary flexibility to address 
    the variable risk for pollutants in storm water discharges associated 
    with different facilities.
        (a) Preventive Maintenance--Permittees are required to develop a 
    preventive maintenance program that includes regular inspections and 
    maintenance of storm water BMPs. The purpose of the inspections, which 
    may coincide with the inspections required in (b) below, is to check on 
    the effectiveness of the storm water pollution prevention plan. The 
    inspections allow facility personnel to monitor the success or failure 
    of elements of the plan on a regular basis. The use of an inspection 
    checklist should be considered. The checklist will ensure that all 
    required areas are inspected, as well as help to meet the recordkeeping 
    requirements. In addition to regular inspections, employees identifying 
    potential problems during their daily activities, such as leaks or 
    spills, shall take appropriate measures to address these problems as 
    soon as feasible.
        (b) Inspections--This section requires that in addition to the 
    comprehensive site evaluation required under Part XI.M.3.a. of today's 
    permit, qualified facility personnel shall be identified to inspect: 
    upon arrival, or as soon as feasible thereafter, all vehicles for 
    leaks; any equipment containing oily parts, hydraulic fluids, or any 
    other fluids, at least quarterly for leaks; and any outdoor storage 
    containers for liquids, including, but not limited to, brake fluid, 
    transmission fluid, radiator water, and anti-freeze, at least quarterly 
    for leaks.
        In addition, qualified facility personnel are required to conduct, 
    at a minimum, quarterly visual inspections of BMPs. The inspections 
    shall include: (1) an assessment of the integrity of any flow diversion 
    or source minimization systems; and (2) visual inspections of 
    dismantling areas; outdoor vehicle, equipment, and parts storage area; 
    vehicle and equipment maintenance areas; vehicle, equipment, and parts 
    washing areas; and liquid storage in above ground containers. A set of 
    tracking or follow-up procedures shall be used to ensure that 
    appropriate actions are taken in response to the inspections.
        The quarterly inspections must be made at least once in each of the 
    following designated periods during daylight hours: January through 
    March (storm water runoff or snow melt); April through June (storm 
    water runoff); July through September (storm water runoff); October 
    through December (storm water runoff). Records of inspections shall be 
    maintained as part of the plan.
        (c) Employee Training--Permittees are required to include a 
    schedule for conducting training in the plan. EPA recommends that 
    facilities conduct training annually at a minimum. However, more 
    frequent training may be necessary at facilities with high turnover of 
    employees or where employee participation is essential to the storm 
    water pollution prevention plan. Employee training must, at a minimum, 
    address the following areas when applicable to a facility: used oil 
    management; spill prevention and response; good housekeeping practices; 
    used battery management; and proper handling (i.e., collection, 
    storage, and disposal) of all fluids. This training should serve as: 
    (1) training for new employees; (2) a refresher course for existing 
    employees; and (3) training for all employees on any storm water 
    pollution prevention techniques recently incorporated into the plan, 
    where appropriate, contractor personnel also must be trained in 
    relevant aspects of storm water pollution prevention.
        (d) Recordkeeping and Internal Reporting--Permittees must describe 
    procedures for developing and retaining records on the status and 
    effectiveness of plan implementation. The plan must address spills, 
    monitoring, and BMP inspection and maintenance activities. Ineffective 
    BMPs must be reported and the date of their corrective action noted.
        (e) Storm Water Management--The permittee must evaluate the 
    appropriateness of each storm water BMP that diverts, infiltrates, 
    reuses, or otherwise reduces the discharge of contaminated storm water. 
    In addition, the permittee must describe the storm water pollutant 
    source area or activity (i.e., loading and unloading operations, raw 
    material storage piles etc.) to be controlled by each storm water 
    management practice.
        (3) Comprehensive Site Compliance Evaluation. The storm water 
    pollution prevention plan must describe the scope and content of 
    comprehensive site evaluations that qualified personnel will conduct 
    to: (1) confirm the accuracy of the description of potential pollution 
    sources contained in the plan; (2) determine the effectiveness of the 
    plan; and (3) assess compliance with the terms and conditions of this 
    section. Comprehensive site compliance evaluations should be conducted 
    at least once a year for automobile salvage yards. These evaluations 
    are intended to be more in depth than the quarterly visual inspections. 
    The individual or individuals who will conduct the evaluations must be 
    identified in the plan and should be members of the pollution 
    prevention team. Evaluation reports must be retained for at least 3 
    years after the date of the evaluation.
        Based on the results of each evaluation, the description of 
    potential pollution sources, and measures and controls, the plan must 
    be revised as appropriate within 2 weeks after each evaluation. Changes 
    in the measures and controls must be implemented on the site in a 
    timely manner, and never more than 12 weeks after completion of the 
    evaluation.
    6. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. EPA believes that automobile 
    salvage yards may reduce the level of pollutants in storm water runoff 
    from their sites through the development and proper implementation of 
    the storm water pollution prevention plan requirements discussed in 
    today's permit. In order to provide a tool for evaluating the 
    effectiveness of the pollution prevention plan and to characterize the 
    discharge for potential environmental impacts, the permit requires 
    automobile yards to collect and analyze samples of their storm water 
    discharges for the pollutants listed in Table M-4. The pollutants 
    listed in Table M-4 were found to be above benchmark levels for a 
    significant portion of sampling facilities that submitted quantitative 
    data in the group application process. EPA is requiring monitoring for 
    these pollutants after the pollution prevention 
    
    [[Page 50951]]
    plan has been implemented to assess the effectiveness of the pollution 
    prevention plan and to help ensure that a reduction of pollutants is 
    realized.
        At a minimum, storm water discharges from automobile salvage yards 
    must be monitored quarterly during the second year of permit coverage, 
    unless the facility exercises the Alternative Certification in Section 
    VI.E.3 of this fact sheet. At the end of the second year of permit 
    coverage, a facility must calculate the average concentration for each 
    parameter listed in Table M-4. If the permittee collects more than four 
    samples in this period, then they must calculate an average 
    concentration for each pollutant of concern for all samples analyzed.
    
                  Table M-4.--Industry Monitoring Requirements              
    ------------------------------------------------------------------------
                                                               Cut-off      
                   Pollutants of concern                    concentration   
    ------------------------------------------------------------------------
    Total Suspended Solids............................  100 mg/L.           
    Total Recoverable Aluminum........................  0.75 mg/L.          
    Total Recoverable Iron............................  1.0 mg/L.           
    Total Recoverable Lead............................  0.0816 mg/L.        
    ------------------------------------------------------------------------
    
        If the average concentration for a parameter is less than or equal 
    to the value listed in Table M-4, then the permittee is not required to 
    conduct quantitative analysis for that parameter during the fourth year 
    of the permit. If, however, the average concentration for a parameter 
    is greater than the cut-off concentration listed in Table M-4, then the 
    permittee is required to conduct quarterly monitoring for that 
    parameter during the fourth year of permit coverage. Monitoring is not 
    required during the first, third, and fifth year of the permit. The 
    exclusion from monitoring in the fourth year of the permit is 
    conditional on the facility maintaining industrial operations and BMPs 
    that will ensure a quality of storm water discharges consistent with 
    the average concentrations recorded during the second year of the 
    permit. The schedule of monitoring is presented in Table M-5.
    
                       Table M-5.--Schedule of Monitoring                   
                                                                            
                                                                            
    2nd Year of Permit          Conduct quarterly monitoring.       
     Coverage.                                                              
                                Calculate the average concentration 
                                for all parameters analyzed during this     
                                period.                                     
                                If average concentration is greater 
                                than the value listed in Table M-4, then    
                                quarterly sampling is required during the   
                                fourth year of the permit.                  
                                If average concentration is less    
                                than or equal to the value listed in Table M-
                                4, then no further sampling is required for 
                                that parameter.                             
    4th Year of Permit          Conduct quarterly monitoring for any
     Coverage.                  parameter where the average concentration in
                                year 2 of the permit is greater than the    
                                value listed in Table M-4.                  
                                If industrial activities or the     
                                pollution prevention plan have been altered 
                                such that storm water discharges may be     
                                adversely affected, quarterly monitoring is 
                                required for all parameters of concern.     
    
        In cases where the average concentration of a parameter exceeds the 
    cut-off concentration, EPA expects permittees to place special emphasis 
    on methods for reducing the presence of those parameters in storm water 
    discharges. Quarterly monitoring in the fourth year of the permit will 
    reassess the effectiveness of the adjusted pollution prevention plan.
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly chemical sampling.
        b. Alternative Certification. Throughout today's permit, EPA has 
    included monitoring requirements for facilities which the Agency 
    believes have the potential for contributing significant levels of 
    pollutants to storm water discharges. The alternative certification 
    described below is necessary to ensure that monitoring requirements are 
    only imposed on those facilities that do, in fact, have storm water 
    discharges containing pollutants at concentrations of concern. EPA has 
    determined that if materials and activities are not exposed to storm 
    water at the site, then the potential for pollutants to contaminate 
    storm water discharges does not warrant monitoring.
        Therefore, a discharger is not subject to the monitoring 
    requirements of this Part provided the discharger makes a certification 
    for a given outfall or on a pollutant-by-pollutant basis, in lieu of 
    sampling described under Part VIII.M.6.a of this factsheet, under 
    penalty of law, signed in accordance with Part VII.G (Signatory 
    Requirements), that material handling equipment or activities, raw 
    materials, intermediate products, final products, waste materials, by-
    products, industrial machinery or operations, significant materials 
    from past industrial activity, that are located in areas of the 
    facility that are within the drainage area of the outfall are not 
    presently exposed to storm water and will not be exposed to storm water 
    for the certification period. Such certification must be retained in 
    the storm water pollution prevention plan and submitted to EPA in lieu 
    of monitoring reports. The permittee is required to complete any and 
    all sampling until the exposure is eliminated. If the facility is 
    reporting for a partial year, the permittee must specify the date 
    exposure was eliminated. If the permittee is certifying that a 
    pollutant was present for part of the reporting period, nothing 
    relieves the permittee from the responsibility to sample that parameter 
    up until the exposure was eliminated and it was determined that no 
    significant materials remained. This certification is not to be 
    confused with the low concentration sampling waiver. The test for the 
    application of this certification is whether the pollutant is exposed, 
    or can reasonably be expected to be present in the storm water 
    discharge. If the facility does not and has not used a parameter, or if 
    exposure is eliminated and no significant materials remain, then the 
    facility can exercise this certification. The Agency does not expect 
    that 
    
    [[Page 50952]]
    facilities will be able to use the alternative certification for 
    indicator parameters such as TSS and BOD. This certification option is 
    not applicable to compliance monitoring requirements associated with 
    effluent limitations. EPA does not expect facilities to be able to 
    exercise this certification for indicator parameters, such as TSS and 
    BOD.
        c. Reporting Requirements. Permittees are required to submit all 
    monitoring results obtained during the second and fourth year of permit 
    coverage within 3 months of the conclusion of each year. For each 
    outfall, one signed Discharge Monitoring Report Form must be submitted 
    per storm event sampled. For facilities conducting monitoring beyond 
    the minimum requirements an additional Discharge Monitoring Report Form 
    must be filed for each analysis.
        d. Sample Type. All discharge data shall be reported for grab 
    samples. All such samples shall be collected from the discharge 
    resulting from a storm event that is greater than 0.1 inches in 
    magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. The 72-hour 
    storm event interval is waived where the preceding measurable storm 
    event did not result in a measurable discharge from the facility. The 
    required 72-hour storm event interval may also be waived where the 
    permittee documents that less than a 72-hour interval is representative 
    for local storm events during the season when sampling is being 
    conducted. The grab sample shall be taken during the first 30 minutes 
    of the discharge. If the collection of a grab sample during the first 
    30 minutes is impracticable, a grab sample can be taken during the 
    first hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable. If storm water discharges associated with 
    industrial activity commingle with process or nonprocess water, then 
    where practicable permittees must attempt to sample the storm water 
    discharge before it mixes with the non-storm water discharge.
        e. Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluent. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        f. Quarterly Visual Examination of Storm Water Quality. All 
    automobile salvage yard facilities are required to conduct quarterly 
    visual examinations of storm water discharges from each outfall. The 
    examination of storm water grab samples shall include any observations 
    of color, odor, clarity, floating solids, settled solids, suspended 
    solids, foam, oil sheen, or other obvious indicators of storm water 
    pollution. The examination must be conducted in a well lit area. No 
    analytical tests are required to be performed on these samples. The 
    examinations must be of a grab sample collected from each storm water 
    outfall.
        The examination must be made at least once in each of the following 
    three-month periods: January through March, April through June, July 
    through September, and October through December. The examinations shall 
    be made during daylight unless there is insufficient rainfall or snow-
    melt to runoff. Whenever practicable, the same individual should carry 
    out the collection and examination of discharges throughout the life of 
    the permit to ensure the greatest degree of consistency possible. Grab 
    samples shall be collected within the first 30 minutes (or as soon 
    thereafter as practical, but not to exceed 1 hour) of when the runoff 
    begins discharging. Reports of the visual examination include: the 
    examination date and time, examination personnel, visual quality of the 
    storm water discharge, and probable sources of any observed storm water 
    contamination. The visual examination reports must be maintained onsite 
    with the pollution prevention plan.
        When a discharger is unable to collect samples over the course of 
    the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examinations. Adverse weather conditions which 
    may prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly visual examination.
        EPA believes that this quick and simple assessment will allow the 
    permittee to approximate the effectiveness of his/her plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the chemical properties of the storm water discharged from the 
    site, the examination will provide meaningful results upon which the 
    facility may act quickly. The frequency of this visual examination will 
    also allow for timely adjustments to be made to the plan. If BMPs are 
    performing ineffectively, corrective action must be implemented. A set 
    of tracking or follow-up procedures must be used to ensure that 
    appropriate actions are taken in response to the examinations. The 
    visual examination is intended to be performed by members of the 
    pollution prevention team. This hands-on examination will enhance the 
    staff's understanding of the storm water problems on that site and the 
    effects of the management practices that are included in the plan.
    
    N. Storm Water Discharges Associated With Industrial Activity From 
    Scrap Recycling and Waste Recycling Facilities
    
    1. Industry Profile
        Specific requirements have been established for those facilities 
    that are engaged in the processing, reclaiming and wholesale 
    distribution of scrap and recyclable waste materials. As background, 
    the storm water regulations define 11 categories of storm water 
    discharges associated with industrial activity in 40 CFR 122.26(b)(14). 
    Category (vi) includes facilities that are engaged in the recycling of 
    materials, including metal scrapyards, battery reclaimers, and salvage 
    yards, including but limited to those classified Standard Industrial 
    Classification (SIC) 5093. For purposes of this section, special 
    conditions have been included for those facilities engaged in the 
    reclaiming and retail/wholesale distribution of used 
    
    [[Page 50953]]
    motor vehicle parts identified as SIC 5015 in Part XI.M.
        SIC 5093 includes establishments engaged in assembling, breaking 
    up, sorting and the wholesale distribution of scrap and recyclable 
    waste materials including bag, bottle and box wastes, fur cuttings, 
    iron and steel scrap, metal and nonferrous metal scrap, oil, plastics, 
    rags, rubber, textiles, waste paper, aluminum and tin cans, and rag 
    wastes. For purposes of this permit, the term waste recycling facility 
    applies to those facilities that receive a mixed wastestream of non-
    recyclable and recyclable wastes. The term recycling facility applies 
    to those facilities that receive only source-separated recyclable 
    materials primarily from non-industrial and residential sources. For 
    purposes of this permit the term recycling facility also applies to 
    those facilities commonly identified as material recovery facilities 
    (MRF).
        Part XI.N of the permit is segregated into three separate classes 
    of recycling facilities: (1) scrap recycling and waste recycling 
    facilities (non-liquid recyclable wastes); (2) liquid recyclable waste 
    facilities; and (3) recycling facilities. Each of these three classes 
    of recycling facilities have separate pollution prevention plan and 
    monitoring requirements. EPA further clarifies that battery reclaimers 
    engaged in the breaking up of used lead-acid batteries are not eligible 
    for coverage under this permit. Facilities that participated in U.S. 
    Environmental Protection Agency (EPA) Group Permit Applications 195, 
    274, 467, 596, 647 (except facilities identified as SIC 4212), 826, 
    1035, 1145 and 1204 are eligible for coverage under this section.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
    
    2. Pollutants Found in Storm Water Discharges
    
        This fact sheet is organized into three major subsections: scrap 
    and waste recycling facilities (nonliquid wastes); industrial 
    activities engaged in reclaiming and recycling liquid wastes, e.g., 
    used oils, solvents, mineral spirits and antifreeze; and recycling 
    facilities (including material recovery facilities) that receive only 
    source-separated recyclable materials primarily from non-industrial and 
    residential sources including waste paper, newspaper, glass bottles, 
    plastic containers, aluminum and tin cans, and cardboard. Industrial 
    operations and BMPs associated with these three groups are dissimilar 
    enough to warrant establishing separate permit conditions for each 
    group. Therefore, conditions for each of these three groups are 
    identified separately.
        a. Scrap and Waste Recycling Facilities (SIC 5093) (nonliquid 
    recyclable wastes). The scrap recycling and waste recycling industry 
    reclaims, processes and provides wholesale distribution of a diversity 
    of materials and products. Typical recyclable materials include ferrous 
    and nonferrous metals, paper, cardboard, animal hides, glass and 
    plastic. Inbound recyclable materials are processed onsite in order to 
    achieve a uniform grade product that meets a particular manufacturer's 
    specifications. A significant inventory of processing equipment is 
    frequently required to process recyclable waste material into a uniform 
    grade. Processing equipment typically employ enormous physical forces 
    such as shearing, shredding, and compacting in the process of 
    eventually achieving a desired uniform grade product.
        Individual scrap and waste recycling facilities may process one or 
    more types of recyclable materials at a single site. Depending on the 
    requirements of a manufacturer, recyclable waste materials, e.g., paper 
    and cardboard, may need to be stored under cover to prevent 
    deterioration. The bulk size of the recyclable waste materials and the 
    processing equipment associated with these facilities frequently 
    necessitates stockpiling materials and equipment outdoors. 
    Consequently, there is significant opportunity for exposure of storm 
    water runoff to pollutants. The extent of material potentially exposed 
    to storm water runoff is illustrated in the following table based on 
    information provided from one group application consisting of 
    approximately 1,100 members.
    
       Table N-1.--Percentage of Applicants in One Group Application That   
                    Provide Cover Over Materials or Processes               
    ------------------------------------------------------------------------
                                                                  Percent of
                         Material/processes                       applicants
    ------------------------------------------------------------------------
    Ferrous Materials..........................................          6.6
    Nonferrous Materials.......................................           53
    Glass/plastic/paper........................................           14
    Other Materials............................................          1.7
    Material Processing Equipment..............................           43
    ------------------------------------------------------------------------
    
        There are at least four types of activities that are common to most 
    scrap and waste recycling facilities, they include: scrap waste 
    material stockpiling, material processing, segregating processed 
    materials into uniform grades, and collecting nonrecyclable materials 
    for disposal. This fact sheet outlines pollutants of concern associated 
    with each of these types of activities. Other operations of concern, 
    including vehicle and equipment maintenance, are also discussed in this 
    fact sheet.
        (1) Pollutants Associated With Material Stockpiling. During 
    material stockpiling, including unloading and loading areas, the 
    potential exists for some types of inbound recyclable materials to 
    deposit residual fluids on the ground. Used automotive engines, 
    radiators, brake fluid reservoirs, transmission housings, and lead-acid 
    from batteries may contain residual fluids that, if not properly 
    managed, can eventually come in contact with storm water runoff. For 
    example, sampling data from two group applications indicated the 
    presence of oil and grease in 103 individual grab samples. In response 
    to other Federal and State environmental regulations, such as the 
    Resource Conservation and Recovery Act (RCRA), many scrap recycling and 
    waste recycling facilities have instituted inspection and supplier 
    education programs to minimize or eliminate the amount of inbound 
    recyclable materials containing fluids and other potentially hazardous 
    materials prior to their acceptance. Part XI.N.3.a.(3)(a)(i) of today's 
    permit imposes conditions that will make an inbound recyclable 
    materials inspection program part of the pollution prevention plan.
        Another concern of outdoor stockpiling, including unloading and 
    loading areas, is associated with deterioration of materials. Metal 
    surfaces that are stockpiled for extended periods may be subject to 
    corrosion. Corrosion is the deterioration of metal surfaces that 
    typically results in the loss of metal to a solution, i.e., water. The 
    following metals are referred to as the 
    
    [[Page 50954]]
    galvanic (or electromotive) series and have a tendency to corrode and 
    become soluble in water; magnesium, aluminum, cadmium, zinc, steel or 
    iron, cast iron, chromium, tin, lead, nickel, soft and silver solder, 
    copper, stainless steel, silver, gold, platinum, brass and bronze. For 
    some metals, the extent and rate of corrosion is dependent on whether 
    it occurs in an oxygen-starved or oxygen-abundant atmosphere.
        Corrosion of stockpiled materials at scrap recycling facilities is 
    a potential source of pollutants given that metals such as copper, 
    lead, nickel, zinc, chromium and cadmium were frequently detected in 
    sampling data. In addition, the majority of these metals are associated 
    with recyclable materials handled by the scrap recycling industry. Part 
    XI.N.3.a.(3) of today's permit identifies BMP options to address these 
    sources.
        Another significant material of concern is the acceptance and 
    temporary storage of scrap lead acid batteries from automotive vehicles 
    and equipment. If a battery casing becomes cracked or damaged, special 
    precautions are necessary to ensure that the contents do not come in 
    contact with storm water runoff. This includes battery terminals with 
    visible corrosion. In all cases, used batteries shall be handled and 
    stored in such a manner as to prevent exposure to either precipitation 
    or runoff. Part XI.N.3.a.(3) addresses conditions for these sources.
        The following table presents a list of typical materials that may 
    be received and processed at a scrap and waste recycling facility and 
    which may be potential pollutant sources if they are not managed 
    properly.
    
      Table N-2.--Significant Materials Potentially Exposed to Storm Water  
               Runoff at Scrap and Waste Recycling Facilities \1\           
    ------------------------------------------------------------------------
     Significant materials      Potential sources      Pollutants of concern
    ------------------------------------------------------------------------
    White goods              Leaking oil-filled       PCBs, oil, lubricants,
     (appliances).            capacitors, ballasts,    paint pigments or    
                              leaking compressors,     additives such as    
                              pumps, leaking           lead, and other heavy
                              pressure vessels,        metals.              
                              reservoirs, sealed                            
                              electrical components                         
                              and chipped or                                
                              deteriorated painted                          
                              surfaces.                                     
    Ferrous and nonferrous   Cutting oil residue,     Oil, heavy metals.    
     turnings and cuttings.   metallic fines.                               
    Materials from           Deteriorated/damaged     Asbestos fibers, lead,
     demolition projects.     insulation, chipped      copper, zinc,        
                              painted surfaces,        cadmium, other       
                              lead, copper, and        metals, TKN.         
                              steel pipes.                                  
    Electrical components,   Leaking oil-filled       PCBs, oils, mercury,  
     transformers, switch     transformer casings,     ionizing radioactive 
     gear, mercury float      oil-filled switch,       isotopes.            
     switches, sensors.       float switches,                               
                              radioactive materials                         
                              in gauges, sensors.                           
    Fluorescent lights,      Leaking ballasts.......  PCBs, oil.            
     light fixtures.                                                        
    Food/beverage            Leaking fluorescent      PCBs, oil, heavy      
     dispensing equipment.    light ballasts,          metals from paint    
                              chipped painted          pigments and         
                              surfaces.                additives.           
    Hospital and dental      Drums/containers of      Infectious/bacterial  
     waste and equipment.     hospital waste,          contamination, lead, 
                              shielding from           ionizing radioactive 
                              diagnostic and other     isotopes.            
                              medical equipment,                            
                              radioactive materials                         
                              from gauges, sensors                          
                              and diagnostic                                
                              equipment.                                    
    Instruments............  Radioactive material     Ionizing radioactive  
                              from thickness gages.    isotopes.            
    Insulated wire.........  Insulation and other     Lead, zinc, copper.   
                              coatings, wire.                               
    Lawnmowers,              Leaking engines,         Oils, transmission and
     snowmobiles,             transmissions, fuel,     brake fluids, fuel,  
     motorcycles.             oil reservoirs,leaking   grease, battery acid,
                              batteries.               lead acid.           
    Light gage materials...  Deteriorating            Asbestos, lead,       
                              insulation, painted      chromium.            
                              surfaces and other                            
                              coatings.                                     
    Locomotives, rail cars.  Leaking fuel             PCBs, diesel fuel,    
                              reservoirs, fittings,    hydraulic oil, oil,  
                              hydraulic components,    brake fluid, grease  
                              engines, bearings,       from fittings,       
                              compressors, oil         asbestos.            
                              reservoirs, worn brake                        
                              pads, damaged                                 
                              insulation.                                   
    Motor vehicle bodies,    Leaking fuel tanks, oil  Fuel, benzene, oil,   
     engines,                 reservoirs,              hydraulic oil,       
     transmissions, exhaust   transmission housings,   transmission fluids, 
     systems.                 brake fluid reservoir    brake fluids,        
                              and lines, brake         ethylene glycol      
                              cylinders, shock         (antifreeze), lead,  
                              absorber casing,         lead acid, lead      
                              engine coolant, wheel    oxides, cadmium,     
                              weights, leaking         zinc, other heavy    
                              battery casings/         metals.              
                              housings and corroded                         
                              terminals, painted                            
                              surfaces and corrosion                        
                              inhibitors, exhaust                           
                              system, catalytic                             
                              converters.                                   
    Miscellaneous machinery  Leaking reservoirs,      Fuel, oil, lubricants,
     and obsolete equipment.  damaged or chipped       lead, cadmium, zinc. 
                              painted surfaces/                             
                              coatings.                                     
    Pipes/materials from     Chemical residue,        Chemical residue, oil,
     chemical and             insulation, lead         lubricants, damaged  
     industrial plants.       piping, chipped or       insulation           
                              damaged painted          (asbestos), lead,    
                              surfaces and             cadmium, zinc,       
                              protective coatings.     copper.              
    Sealed containers,       Leaking liquid           Oil, PCBs, solvents,  
     hydraulic cylinders.     reservoirs,              chemical residue.    
                              containers, cylinders,                        
                              miscellaneous                                 
                              chemicals.                                    
    Salvaged construction    Chemical residues,       Chemical residue, oily
     materials.               oils, solvents,          wastes, asbestos,    
                              lubricants, damaged      lead, cadmium, zinc. 
                              insulation, chipped                           
                              painted surfaces and                          
                              protective coatings.                          
    Tanks, containers,       Leaking or damaged       Chemical residue, oily
     vessels, cans, drums.    containers.              wastes, petroleum    
                                                       products, heating    
                                                       oil.                 
    Transformers (oil        Leaking transformer      PCBs, oil.            
     filled).                 housings.                                     
    ------------------------------------------------------------------------
    \1\ Institute of Scrap Recycling Industries, Inc.'s ``Environmental     
      Operating Guidelines.'' (April 1992)                                  
    
     
    [[Page 50955]]
    
        (2) Material Processing. The type of processes employed at a 
    particular facility depends on the type of recyclable and waste 
    material. Typical processes include: torch cutting, shredding, baling, 
    briquetting, wire stripping and chopping, and compacting. Processes 
    such as shredding and shearing reduce the bulk size of recyclable scrap 
    and waste into a size that is more easily transportable and which 
    allows separation into uniform grades based on manufacturer 
    specifications. Processes such as shredding of automotive bodies 
    include a means of segregating materials into their ferrous and 
    nonferrous fractions.
        Process equipment at scrap recycling and waste recycling facilities 
    are also potential sources of pollutants in storm water runoff. The 
    sources of concern will be discussed separately. Scrap process 
    equipment such as shearers are often actuated by a hydraulic system. 
    Components such as hydraulic reservoirs, hydraulic pumps, motors, 
    cylinders, control valves, accumulators, filters, and fittings are 
    prone to leaking hydraulic fluid. Some hydraulic machinery also require 
    frequent lubrication of cutting and wear surfaces. Storm water runoff 
    exposure to hydraulic fluids and other lubricants is very likely unless 
    adequate source control measures such as good housekeeping, preventive 
    maintenance, diversion and/or containment are provided.
        Stationary process equipment also produce a substantial amount of 
    residual particulate material that tends to accumulate on and around 
    the equipment, particularly rotating machinery, moving parts, bearings, 
    conveyors and at the output of the equipment, e.g., storage containers. 
    Particulate material that accumulates can become a source of 
    contamination if it comes in contact with both precipitation and storm 
    water runoff. Other sources of residual particulate and waste material 
    include air pollution equipment, material handling equipment and 
    processing equipment. In the case of shredding equipment, there are 
    typically three (3) separate material streams produced. Shredded 
    material is ultimately separated into its ferrous and nonferrous 
    fractions, and a third stream referred to as fluff. The fluff material 
    consists of a heterogeneous mix of materials including, but not limited 
    to, small metal fragments, plastics, rubber, wood and textiles. After 
    the material exits the shredder (hammermill), it typically enters an 
    air classification system that separates the lightweight fraction, 
    e.g., particulates, from the more dense fraction. The ferrous metal 
    fraction is then separated from the nonferrous fraction and fluff by 
    the use of a magnetic separator (typically a belt- or drum-type 
    magnetic separator). The separated material may be collected in a 
    hopper or it may accumulate on the ground. If recyclable and 
    nonrecyclable waste material is allowed to accumulate on the ground, a 
    greater potential exists for this material to come in contact with 
    either precipitation or storm water runoff.
        The scrap and recycling industry uses a diversity of processes to 
    reclaim and recycle materials that can contribute pollutants to storm 
    water runoff. The following table presents a list of typical scrap 
    equipment operations which are potential pollutant sources.
    
      Table N-3.--Typical Process and Equipment Operations That Are Likely  
                             Sources of Pollutantsi                         
    ------------------------------------------------------------------------
            Activity            Potential sources      Pollutants of concern
    ------------------------------------------------------------------------
    Air Pollution Equipment  Normal equipment         Hydraulic fluids,     
     (including               operations that          oils, fuels, grease  
     incinerators,            include the collection   and other lubricants,
     furnaces, wet            and disposal of filter   accumulated          
     scrubbers, filter        bag material and ash,    particulate matter,  
     houses, bag houses).     process wastewater       chemical additives,  
                              from scrubbers,          PCBs from oil-filled 
                              accumulation of          electrical equipment.
                              particulate matter                            
                              around leaking joint                          
                              connections,                                  
                              malfunctioning pumps                          
                              and motors, e.g.,                             
                              leaking gaskets, seals                        
                              or pipe connections,                          
                              leaking oil-filled                            
                              transformer casings.                          
    Combustion Engines.....  Spills and/or leaks      Accumulated           
                              from fueling tanks,      particulate matter,  
                              spills/leaks from oil/   oil/lubricants, fuel 
                              hydraulic fuel           (gas/diesel), fuel   
                              reservoirs, faulty/      additives, antifreeze
                              leaking hose             (ethylene glycol),   
                              connections, worn        battery acid,        
                              gaskets, leaking         products of          
                              transmission             incomplete           
                              crankcases and brake     combustion.          
                              systems (if                                   
                              applicable), leaking                          
                              battery casings and/or                        
                              corroded terminals.                           
    Material Handling        Normal operations        Hydraulic fluids,     
     Systems (forklifts,      including spills and     oils, fuels and fuel 
     cranes, conveyors).      leaks from fuel tanks,   additives, grease and
                              hydraulic and oil        other lubricants,    
                              reservoirs due to        accumulated          
                              malfunction parts,       particulate matter,  
                              e.g., worn gaskets and   chemical additives,  
                              parts, leaking hose      mercury, lead,       
                              connections, and         battery fluids.      
                              faulty seals. Damaged                         
                              or faulty electrical                          
                              switches (mercury                             
                              filled) Damaged or                            
                              leaking battery                               
                              casings, including                            
                              exposed corroded                              
                              battery terminals.                            
                              Damaged or worn                               
                              bearing housings.                             
    Stationary Scrap         Normal equipment         Heavy metals, e.g.,   
     Processing Facilities    operations including     zinc, copper, lead,  
     (balers, briquetters,    leaks from hydraulic     cadmium, chromium,   
     shredders, shearers,     reservoirs, hose and     hydraulic fluids.    
     compactors, engine       fitting connections,                          
     block/cast iron          worn gaskets, spills                          
     breakers, wire           or leaks from fuel                            
     chopper, turnings        tanks, particulates/                          
     crusher).                residue from scrap                            
                              processing,                                   
                              malfunctioning pumps                          
                              and motors, e.g.,                             
                              leaking gaskets, seals                        
                              or pipe connections,                          
                              leaking oil-filled                            
                              transformer casings.                          
    Hydraulic equipment and  Particulate/residue      Hydraulic fluids/oils,
     systems, balers/         from material            lubricants,          
     briquetter, shredders,   processing, spills and/  particulate matter   
     shearers, compactors,    or leaks from fueling    from combustion      
     engine block/cast iron   tanks, spills/leaks      engines, PCBs (oil-  
     breaker, wire chopper,   from oil/hydraulic       filled electrical    
     turnings crusher.        fuel reservoirs,         equipment            
                              faulty/leaking hose      components), heavy   
                              connections/fittings,    metals (nonferrous,  
                              leaking gaskets.         ferrous).            
    
    [[Page 50956]]
                                                                            
    Electrical Control       Oil leakage from         PCBs, mercury (float  
     Systems (transformers,   transformers, leakage    switches), ionizing  
     electrical switch        from mercury float       radioactive material 
     gear, motor starters).   switches, faulty         (fire/smoke detection
                              detection devices.       systems).            
    Torch cutting..........  Residual/accumulated     Heavy metal fragments,
                              particulates.            fines.               
    ------------------------------------------------------------------------
    i Institute of Scrap Recycling Industries, Inc.'s ``Environmental       
      Operating Guidelines.'' (April 1992)                                  
    
    
        (3) Segregation of Processed Materials into Uniform Grades. 
    Processing, e.g., shearing, shredding, baling, etc., of recyclable 
    materials is followed by its segregation into uniform grades to meet a 
    particular manufacturer's specifications. If segregated recyclable 
    material remains exposed to precipitation, the potential still exists 
    for storm water contamination.
        (4) Disposal of Nonrecyclable Waste Materials. During recycling of 
    scrap and waste materials, a significant fraction of nonrecyclable 
    waste materials is generated and must be disposed of properly. The 
    volume or quantity of material that remains nonrecyclable may be too 
    large to allow covered storage prior to shipment. Consequently, 
    nonrecyclable waste materials may be left exposed to both precipitation 
    and runoff and, therefore, they are a likely source of storm water 
    pollutants.
        (5) Other Operations of Concern. There are a number of activities 
    of concern that frequently occur at scrap and waste recycling 
    facilities including, heavy vehicle traffic over unstabilized areas, 
    vehicle maintenance and fueling, and material handling operations. 
    Operations associated with the receipt, handling, and processing of 
    scrap and waste material frequently occur over areas that are not 
    stabilized to prevent erosion. Unless specific measures or controls are 
    provided to either prevent erosion or trap the sediment, this material 
    will be carried away in storm water runoff and eventually exit the 
    site. Suspended solids are of significant concern given the potential 
    amount of unstabilized area and the significant amount of particulate 
    matter that is often produced at these facilities. For example, many 
    facilities use spray water for dust control on heavily traveled areas. 
    Both organic and inorganic pollutants can become bound up or absorbed 
    to suspended solids in runoff. For this reason, today's proposed permit 
    identifies conditions to minimize the contribution of suspended solid 
    loadings from these facilities.
        Some scrap and waste recycling facilities may also conduct vehicle 
    maintenance onsite. Although vehicle maintenance frequently occurs 
    indoors, there are specific activities which could contribute 
    pollutants to storm water. This includes washdown of vehicle 
    maintenance areas, leaks or spills of fuel, hydraulic fluids and oil 
    and outdoor storage of lubricants, fluids, oils and oily rags. Fueling 
    stations are also frequently located outdoors without any roof cover. 
    Activities such as topping off fuel tanks, or overfilling storage tanks 
    (without high-level alarms or automatic shut-offs) are also activities 
    that can cause contamination of runoff. Vehicle washing can result in 
    accumulated residue material being discharged to a storm sewer system.
        The following table highlights activities associated with vehicle 
    maintenance and material handling that are potential sources of storm 
    water contamination.
    
             Table N-4.--Other Potential Pollutant Source Activities        
    ------------------------------------------------------------------------
            Activity            Potential sources      Pollutants of concern
    ------------------------------------------------------------------------
    Material Handling        Spills and/or leaks      Accumulated           
     Systems (forklifts,      from fueling tanks,      particulate matter   
     cranes, conveyors).      spills/leaks from oil/   (ferrous and         
                              hydraulic fuel           nonferrous metals,   
                              reservoirs, faulty/      plastics, rubber,    
                              leaking hose             other), oil/         
                              connections/fittings,    lubricants, PCBs     
                              leaking gaskets.         (electrical          
                                                       equipment), mercury  
                                                       (electrical          
                                                       controls), lead/     
                                                       battery acids.       
    Vehicle Maintenance....  Parts cleaning, waste    Fuel (gas/diesel),    
                              disposal of rags, oil    fuel additives, oil/ 
                              filters, air filters,    lubricants, heavy    
                              batteries, hydraulic     metals, brake fluids,
                              fluids, transmission     transmission fluids, 
                              fluids, brake fluids,    chlorinated solvents,
                              coolants, lubricants,    arsenic.             
                              degreasers, spent                             
                              solvents.                                     
    Fueling Stations.......  Spills and leaks during  Gas/diesel fuel, fuel 
                              fuel transfer, spills    additives, oil,      
                              due to ``topping off''   lubricants, heavy    
                              tanks, runoff from       metals.              
                              fueling areas,                                
                              washdown of fueling                           
                              areas, leaking storage                        
                              tanks, spills of oils,                        
                              brake fluids,                                 
                              transmission fluids,                          
                              engine coolants.                              
    Vehicle and Equipment    Washing and steam        Solvent cleaners, oil/
     Cleaning and Washing.    cleaning.                lubricants/additives,
                                                       antifreeze (ethylene 
                                                       glycol).             
    ------------------------------------------------------------------------
    
        (6) Pollutants Found in Storm Water Discharges. Sampling data 
    provided in part 2 of the group application process revealed that storm 
    water discharges from scrap and waste recycling facilities contain 
    pollutants such as heavy metals, Biochemical Oxygen Demand (BOD), 
    Chemical Oxygen Demand (COD), TSS, nutrients and oil and grease. The 
    following table summarizes the statistical analysis of sampling data 
    provided in part 2 group applications. Table N-6 provides a comparison 
    of a selected subset of these pollutants to benchmark concentrations.
    
                                                                            
    
    [[Page 50957]]
      Table N-5.--Summary Statistics for Scrap and Waste Recycling Facilitiesi (SIC 5093) (Nonliquid Recyclable Waste Materials.) All units in mg/L unless  
                                                                         otherwise noted                                                                    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         No. of samples        Mean           Minimum          Maximum           Median            99th     
                                                       --------------------------------------------------------------------------------------   Percentile  
                   PollutantSample type                                                                                                      ---------------
                                                         Grab    Compii    Grab    Comp     Grab    Comp     Grab    Comp     Grab     Comp    Grab    Comp 
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    pH (std units)....................................     136      N/A      N/A     N/A     4.93     N/A     10.2     N/A       N/A     N/A    9.58     N/A
    BOD5..............................................     131      120    23.49      24     0.00    0.00    330.0     360       9.0     9.0   330.0   330.0
    COD...............................................     131      117   251.33     204     0.00    0.00   1588.0    2400     120.0   110.0    1323    1014
    TSS...............................................     131      116   437.11     375     0.00    0.00     3894    6042     148.0    84.5    3100    4860
    Nitrate + Nitrite N...............................     130      117     1.76     5.9     0.00    0.00     84.0   220.0      0.61    0.80      28   129.0
    TKN...............................................     132      114     3.44     3.4     0.00    0.00     43.0    39.0      2.05    2.20      25    22.0
    Oil and Grease....................................     136      N/A     8.95     N/A     0.00     N/A     85.0     N/A       5.0     N/A      69     N/A
    Total P...........................................     133      114     0.81    0.77     0.00    0.00     36.0    29.0      0.29    0.28     4.7    10.0
    Total Pb..........................................     103      100     0.85    0.84     0.00    0.00     8.70   13.00     0.205   0.215     4.9   11.00
    Total Cd..........................................      75       73     0.02    0.02    0.000   0.000     0.10    0.65    0.0074   0.005   0.069     .65
    Total Cu..........................................     102       99     0.77    0.60    0.000   0.000     12.0    8.20      0.26    0.22    5.98     8.2
    Total Zn..........................................      97       94     3.16     3.2    0.028   0.000     22.0    38.0      1.50     1.4    22.0    38.0
    Total Cr..........................................     103      100     0.08   0.122    0.000   0.000     2.10    2.60      0.03    0.02   0.547     2.3
    Total Fe..........................................       5        5     25.4    9.80      0.8     0.0     74.0    20.0      10.0    14.0    72.7    19.8
    Total Ni..........................................      94       93    0.202    0.21    0.001   0.000     5.80    7.30      0.05   0.040     5.8     7.3
    Arsenic...........................................       9        8    0.038   0.019     0.00    0.00    0.170    0.90     0.005   0.005   0.170   0.090
    Total Al..........................................       5        3     4.86   3.327      .68     .68     10.0     7.6       4.0    1.70    10.0     7.6
    PCB-1016..........................................      27       26    0.001   0.051    0.001   0.001    0.010    1.30     0.001   0.001   0.010     1.3
    PCB-1221..........................................      26       24    0.001   0.001    0.001   0.000    0.010   0.001     0.001   0.001   0.010   0.001
    PCB-1232..........................................      28       26    0.001   0.001    0.001   0.000    0.010   0.001     0.001   0.001   0.010   0.001
    PCB-1242..........................................      27       26    0.001   0.047    0.000   0.000    0.010    1.30     0.001   0.001   0.010     1.3
    PCB-1248..........................................      26       24    0.003   0.005    0.000   0.000    0.025   0.078     0.001   0.001   0.025   0.078
    PCB-1254..........................................      28       26    0.001   0.001    0.000   0.000    0.010   0.006     0.001   0.001   0.010   0.006
    PCB-1260..........................................      28       26    0.002   0.049    0.001   0.000    0.011    1.30     0.001   0.001   0.011    1.3 
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applicants that did not report the units of measurement for the reported values were not included in these statistics.                                
    ii Composite samples.                                                                                                                                   
    
    
    
           Table N-6.--Comparison Sampling Data for Selected Parameters Versus Benchmark Concentrations (mg/L)      
    ----------------------------------------------------------------------------------------------------------------
                                                           Mean             Maximum           Median                
                  PollutantSample type              ------------------------------------------------------ Benchmark
                                                       Grab     Comp     Grab     Comp     Grab     Comp            
    ----------------------------------------------------------------------------------------------------------------
    COD............................................      251      204     1588     2400      120      110       120 
    TSS............................................      437      375     3894     6042      148     84.5       100 
    Total Pb.......................................     0.85     0.84     8.70    13.00    0.205    0.215    0.0816 
    Total Cu.......................................     0.77     0.60     12.0     8.20     0.26     0.22    0.0636 
    Total Fe.......................................     25.4     9.80    74.00    20.00    10.00    14.00       1.0 
    Total Al.......................................     4.86    3.327     10.0      7.6      4.0     1.70     0.075 
    Total Zn.......................................      N/A      3.2     22.0     38.0      1.5      1.4     0.065 
    ----------------------------------------------------------------------------------------------------------------
    
        b. Waste Recycling Facilities (SIC 5093)--(Liquid Recyclable 
    Wastes). This subsection applies to those facilities engaged in the 
    reclaiming and recycling of liquid wastes such as ``spent solvents,'' 
    ``used oil,'' and ``used ethylene glycol'' typically identified under 
    SIC 5093. This subsection is particularly applicable to those 
    facilities that participated in EPA group application number 195. EPA 
    received a single group application in this category of waste recycling 
    facilities. The following is a profile of industrial activities and the 
    types of significant materials associated with facilities participating 
    in this group activity.
        Group application number 195 included 220 facilities of which 214 
    were classified as service centers. Service centers accumulate spent 
    solvent, used oil and antifreeze, filter cartridges and still bottoms 
    contaminated with dry cleaning solvents (typically perchloroethylene), 
    and used lacquer thinner from paint gun cleaning machines. The typical 
    service center has individual containers with storage capacity of up to 
    10,000 gallons each, and tanks with storage capacity of up to 20,000 
    gallons each. Service centers are typically limited to a maximum of 6 
    tanks (a total of 120,000 gallons). Twenty (20) of the service centers 
    also function as accumulation centers where they have a maximum storage 
    capacity of 70,000 gallons of liquid materials in containers. None of 
    the containers are opened except under conditions where a container 
    begins to leak or is damaged.
        The group application also included four (4) facilities that 
    operated only as container transfer stations and do not operate storage 
    tanks. These facilities are largely enclosed warehouses that provide 
    secondarily contained storage areas. Three (3) facilities were 
    identified as used oil depots where only oily water and/or used oil are 
    accumulated in storage tanks. Storage tanks are limited to a maximum 
    capacity of 20,000 gallons each. Used oil is transported to the 
    facility in tanker trucks (3,500 gallons) and shipped out in tanker 
    trucks (7,500 gallons). The used oil is ultimately transported to a 
    processing or re-refining facility (not covered under this section). 
    The following table summarizes the percentage of facilities with 
    significant materials stored.
    
                                                                                                                    
    
    [[Page 50958]]
      Table N-7. Significant Materials Reported in Group Application Number 
                                       195                                  
    ------------------------------------------------------------------------
                                                                Percent of  
                      Significant materials                     facilities  
    ------------------------------------------------------------------------
    Mineral Spirits.........................................             98 
    Immersion Cleaner.......................................             98 
    Dry Cleaner Solvents....................................             98 
    Paint Solvents..........................................             83 
    Industrial Solvents.....................................             81 
    Spent Antifreeze........................................             59 
    Used Oil................................................             57 
    Allied Products.........................................             98 
    ------------------------------------------------------------------------
    
    
    
        The types of materials identified in Table N-7 are potential 
    sources of storm water runoff contamination. Since these materials are 
    stored and transported in individual drums and bulk storage tanks, the 
    potential exists for spills and/or leaks during all phases of waste 
    transport, waste transfer, container/drum handling and shipping.
        There are a number of operations at these facilities that have 
    significant potential to release pollutants to the environment if 
    recyclable waste materials are not managed properly. Potential sources 
    of pollutants are discussed in Part XI.N.3.a.(2) of today's permit. 
    However, in response to other Federal and State environmental 
    regulations, such as RCRA and 40 CFR Part 112 (Oil Pollution 
    Prevention), facilities in this group application currently employ a 
    range of the BMPs and structural controls that also benefit storm water 
    quality. Typical measures and controls for controlling pollutants for 
    facilities in this subsection are presented in Part XI.N.3.a.(3)(b).
        (1) Waste Material Handling and Storage. Given the nature and type 
    of materials stored and handled at these facilities, the potential 
    exists for accidental spills and leaks. Consequently, the types of 
    activities that occur at these facilities which could potentially 
    result in contamination of storm water runoff is also of concern to 
    EPA. The following table is a list of activities which may result in a 
    release of pollutants.
    
       Table N-8. Types of Potential Pollutant-Causing Activities at Waste  
            Recycling Facilities That Handle Liquid Recyclable Wastes       
    ------------------------------------------------------------------------
                               Potential sources of                         
            Activity                pollutants         Pollutants of concern
    ------------------------------------------------------------------------
    Drum/Individual          Leaks or spills due to   Mineral spirits,      
     Container Storage and    faulty container/drum    industrial solvents, 
     Handling.                integrity, e.g.,         immersion cleaners,  
                              leaking seals or         dry cleaner solvents,
                              ports. Container         paint solvents, spent
                              materials incompatible   antifreeze.          
                              with waste material.                          
                              Improper stacking and                         
                              storage of containers.                        
    Return and Fill          Leaks, spills, or        Mineral spirits,      
     Stations.                overflows from tanker    industrial solvents, 
                              truck transfer of        immersion cleaners,  
                              wastes and hose          dry cleaner solvents,
                              drainage. Leaking        paint solvents, spent
                              pipes, valves, pumps,    antifreeze.          
                              worn or deteriorated                          
                              gaskets or seals.                             
    Individual Container/    Leaks or spills due to   Mineral spirits,      
     Drum Storage Improper    faulty container/drum    industrial solvents, 
     Stacking and Storage     integrity, e.g.,         immersion cleaners,  
     of Containers.           leaking seals or ports.  dry cleaner solvents,
                                                       paint solvents, spent
                                                       antifreeze.          
    Storage Tank Operations  Overfill of storage      Mineral spirits,      
                              tanks, leaking pipes,    industrial solvents, 
                              valves, worn or          immersion cleaners,  
                              deteriorated pumps       dry cleaner solvents,
                              seals. Leaking           paint solvents, spent
                              underground storage      antifreeze.          
                              tanks.                                        
    Material Handling        Leaking fuel lines,      Fuel, hydraulic fluid,
     Equipment.               worn gaskets, leaking    oil and grease.      
                              hydraulic lines and                           
                              connections.                                  
    ------------------------------------------------------------------------
    
        (2). Other Activities of Concern. The following table highlights 
    other types of activities that are potential sources of storm water 
    contamination.
    
         Table N-9. Other Potential Sources of Storm Water Contamination    
    ------------------------------------------------------------------------
                               Potential sources of                         
            Activity                pollutants         Pollutants of concern
    ------------------------------------------------------------------------
    Vehicle and Equipment    Replacement of fluids    Oil and grease, fuel, 
     Maintenance (if          such as transmission     accumulated          
     applicable).             and brake fluids,        particulate matter,  
                              antifreeze, oil and      antifreeze.          
                              other lubricants,                             
                              washdown of                                   
                              maintenance areas,                            
                              dumping fluids down                           
                              floor drains connected                        
                              to storm sewer system,                        
                              outside storage of                            
                              fluids and oily rags                          
                              and waste material.                           
    Vehicle or Equipment     Wash water or steam      Oil, detergents,      
     Washing (if              cleaning.                chlorinated solvents,
     applicable).                                      suspended solids and 
                                                       accumulated          
                                                       particulate matter.  
    ------------------------------------------------------------------------
    
        (3). Pollutants Found in Storm Water Discharges. Based on data 
    provided in group application sampling information, pollutants that 
    were most frequently reported included TSS, BOD, COD, nitrite plus 
    nitrate, oil and grease. The following table provides a statistical 
    summary of data.
    
       Table N-10. Summary Statistics for Waste Recycling Facilitiesi (SIC 5093)--(Recyclable Liquid Wastes). All   
                                                     values in mg/L                                                 
    ----------------------------------------------------------------------------------------------------------------
                       # of Samples        Mean             Min             Max           Median           99th     
       Parameter    ---------------------------------------------------------------------------------   percentile  
      Sample type                                                                                    ---------------
                      Grab    Compii   Grab    Comp    Grab    Comp    Grab    Comp    Grab    Comp    Grab    Comp 
    ----------------------------------------------------------------------------------------------------------------
    BOD 5..........      22       17      18       9       2       2      94      48       5       5      79      38
    
    [[Page 50959]]
                                                                                                                    
    COD............      22       17     133      83      12       5     660     400      45      45     449     320
    TSS............      21       16      51      28       5       5     500      84      28      20      68      59
    Nitrite +                                                                                                       
     Nitrate.......      22       17    0.90    0.78    0.05    0.05    3.70    3.50    0.61    0.38    3.45    3.29
    TKN............      22       17     3.1     2.0     1.0     1.0    11.0     6.0     1.5     1.0     9.9     5.7
    Oil and Grease.      22      N/A     1.8     N/A     1.0     N/A     5.0     N/A     1.5     N/A     4.0    N/A 
    ----------------------------------------------------------------------------------------------------------------
    i Applicants that did not report the units of measurement for the reported values were not included in these    
      statistics.                                                                                                   
    ii Composite samples.                                                                                           
    
    
        c. Recycling Facilities. This particular group of recycling 
    facilities is distinguished from scrap recycling facilities and waste 
    recycling facilities that accept a mixed wastestream of non-recyclable 
    and recyclable wastes. Facilities included in this sub-sector would 
    include only those facilities that receive source-separated, recyclable 
    materials primarily from non-industrial and residential sources. This 
    includes source-separated material recovery facilities (MRF). EPA Group 
    Applications 274, 647, 826, and 1145 included significant numbers of 
    facilities that would fall within this sub-sector. The recyclable 
    materials in this sub-sector can be characterized as common consumer 
    products such as paper, newspaper, cardboard, plastic containers, glass 
    bottles, aluminum and tin cans. These facilities commonly accept a mix 
    of recyclable materials and reject non-recyclable materials at the 
    source.
        (1) Pollutant-Causing Activities Associated with Recycling 
    Facilities. There are basically four areas associated with these 
    facilities that are potential sources of pollutants, they include: (1) 
    Inbound recyclable materials; (2) outdoor material storage; (3) indoor 
    storage and material processing; and (4) vehicle maintenance. The 
    potential exists that recycling facilities may unknowingly accept 
    nonrecyclable materials and/or small quantities of household hazardous 
    wastes (HHW). If these materials are not handled, stored or disposed of 
    properly, they could become potential pollutant sources. Recycling 
    facilities are already aware of this issue and have commonly instituted 
    practices to minimize accepting such materials. These practices include 
    public education brochures, training of curbside pick-up drivers, and 
    rejecting non-recyclable materials at the source.
        Outdoor material storage is another issue of concern given the 
    practice of storing degradable, recyclable products outdoors such as 
    bales of wastepaper and various types of recyclable containers 
    containing residual fluids, e.g., beverage containers. Wastepaper 
    exposed to weather will deteriorate and can be a source of oxygen-
    demanding substances. For example, biochemical oxygen demand (BOD) 
    concentrations as high as 152 mg/l were measured at facilities that 
    store wastepaper outdoors. Similarly, recycling facilities that stored 
    unprocessed aluminum beverage containers outdoors can be a contaminant 
    source of oxygen-demanding substances. BOD concentrations as high as 
    460 mg/l were measured at recycling facilities that store unprocessed 
    recyclable containers outdoors.
        The third area of concern is indoor processing and storage. EPA is 
    primarily concerned with the potential for illicit connections or 
    improper dumping to floor drains that discharge to a storm sewer 
    system. Another potential source of contamination is the practice of 
    washing down tipping floor areas and allowing the washwater to drain to 
    the storm sewer system. EPA believes that these issues can be readily 
    addressed by disconnecting floor drains to the storm sewer, good 
    housekeeping practices and providing routine employee training. The 
    practice of allowing tipping floor washwaters to discharge to a storm 
    sewer system is prohibited under this permit.
        The last area of concern is vehicle maintenance. Onsite vehicle 
    maintenance was infrequently reported in group permit applications. 
    Although vehicle maintenance frequently occurs indoors, the following 
    specific activities could contribute pollutants to storm water: 
    washdown of vehicle maintenance areas, leaks or spills of fuel, 
    hydraulic fluids, lubricants, and other fluids, and exposed oils and 
    oily rags. Fueling areas may lack roof cover, consequently, topping off 
    fuel tanks or overfilling storage tanks (without high-level alarms) 
    could contribute to contamination of surface runoff. Vehicle washing 
    can result in accumulated residue material being discharged to a storm 
    sewer system. The following tables identify significant materials that 
    are exposed to precipitation or runoff based on information from two 
    group applications (274 and 647).
    
    Table N-11.--Significant Materials Reported in Group Application No. 274
    ------------------------------------------------------------------------
                                    Percent of         Pollutant-causing    
       Significant materials       facilitiesi            activities        
    ------------------------------------------------------------------------
    Paper Stock................               43  Outdoor exposure could    
                                                   result in deterioration  
                                                   of paper.                
    Wood Pallets...............               83  Residual materials on     
                                                   pallets.                 
    Recyclable Waste Paper in                 83  Outdoor exposure could    
     Bales.                                        result in deterioration  
                                                   of paper.                
    Recyclables Plastic, Glass,               30  Residual fluids from      
     and Aluminum.                                 containers.              
    Gasoline/Diesel Fuel                      28  Leaks or spills.          
     (outside pumps).                              Overtopping during       
                                                   fueling.                 
    ------------------------------------------------------------------------
    i Column totals greater than 100% because many facilities have one or   
      more of these significant materials exposed.                          
    
    
                                                                            
    
    [[Page 50960]]
    Table N-12.--Significant Materials Reported in Group Application No. 826
    ------------------------------------------------------------------------
                                    Percent of                              
       Significant materials       facilitiesi    Pollutant-causing activity
    ------------------------------------------------------------------------
    Wood Pallets...............               64  Residual materials on     
                                                   pallets.                 
    Waste Paper................               27  Outdoor exposure could    
                                                   result in deterioration  
                                                   of paper.                
    Recyclable Waste Paper in                 41  Outdoor exposure could    
     Bales.                                        result in deterioration  
                                                   of paper.                
    Gasoline/Diesel Fuel                      55  Leaks or spills.          
     (outside pumps).                              Overtopping during       
                                                   fueling.                 
    Lubricating Fluids.........               14  Leaks or spills.          
    ------------------------------------------------------------------------
    i Column totals greater than 100% because many facilities have one or   
      more of these significant materials exposed.                          
    
    
        EPA has established special pollution prevention plan requirements 
    for recycling facilities that receive only source-separated recyclable 
    materials. Specific requirements are discussed in Part XI.N.3.a.(3)(c) 
    of the permit.
    (2) Pollutants Found in Storm Water Discharges.
        Based on data provided in group applications 274, 647, 826, and 
    1145, pollutants that were most frequently reported included TSS, BOD, 
    COD, nitrite plus nitrate, TKN, total phosphorus, oil and grease, and 
    total aluminum (group 1145 only). The table N-13 provides a statistical 
    summary of data.
    
       Table N-13.--Summary Statistics for Selected Recycling Facilitiesi (SIC 5093) (Group Applications 247, 647, 826, and 1145) All units in mg/L unless  
                                                                         otherwise noted                                                                    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                            # of                   Mean              Minimum            Maximum             Median          95th percentile 
                                          Samples          -------------------------------------------------------------------------------------------------
           Pollutant, Sample type        ---------  Compii                                                                                                  
                                            Grab              Grab      Comp      Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp  
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5................................  .......  .......     31        22           0        0    460       220        31        22        78        75   
    COD.................................  .......  .......    179       118           0        0   1200       940        73        43      1005       441   
    TSS.................................  .......  .......    495       383           0        0   7440      4860        73        40      1731      2754   
    Nitrate + Nitrite N.................  .......  .......      0.60      0.76        0        0     13        69         0.41      0.37      1.61      1.33
    TKN.................................  .......  .......      1.48      1.78        0        0      6.90     16.85      1.01      0.79      6.12      7.30
    Oil and Grease......................  .......  .......      9.4       0.7         0        0     69.0      13.0       3.0       0.0      32.4       4.9 
    Total P.............................  .......  .......      0.22      0.19        0        0      7.60      2.20      0.22      0.19      2.17      1.14
    Total Aliii.........................  .......  .......      5.51      1.55        0        0     44.0       5.40      1.20      0.90     26.00      4.80 
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applicants that did not report the units of measurement for the reported values were not included in these statistics.                                
    ii Composite samples.                                                                                                                                   
    iii Values reported for Group Application No. 1145.                                                                                                     
    
    3. Options for Controlling Pollutants
        a. Scrap and Waste Recycling Facilities (SIC 5093) (Nonliquid 
    recyclable waste materials). This section addresses source control 
    measures, BMPs and structural controls that are specifically applicable 
    to the scrap recycling facilities (SIC 5093) and waste recycling 
    facilities (SIC 5093) and which are engaged in the reclaiming and 
    recycling of solid materials such as ferrous and nonferrous metals, 
    plastics, paper, glass and cardboard and automotive parts.
        The BMPs described in this subsection are specifically applicable 
    to scrap recycling and waste recycling facilities. Scrap recycling and 
    waste recycling facilities applying for coverage under Part XI.N. of 
    today's permit shall employ a broad and comprehensive range of BMPs and 
    source control measures to minimize and/or eliminate the diversity of 
    pollutants associated with scrap processing operations. In instances 
    where facilities conduct certain operations indoors or under cover, a 
    determination will be made by the owner/operator of the facility as to 
    the applicability of these BMPs and source control measures to these 
    particular activities.
        The following table summarizes alternative source control measures, 
    nonstructural BMPs (BMPs), and structural controls that are associated 
    with and applicable to scrap and waste processing facilities (SIC 5093) 
    (nonliquid recyclable materials).
    
          Table N-14.-- Summary of Alternative BMP Options for Scrap and Waste Recycling Processing Facilities      
    ----------------------------------------------------------------------------------------------------------------
                           Activity                                             BMP alternatives                    
    ----------------------------------------------------------------------------------------------------------------
    Inbound Recyclable and Waste Material Control........  Establish program to encourage suppliers of scrap, waste 
                                                            and other salvageable materials to drain residual fluids
                                                            prior to arrival at the facility.                       
                                                           Establish acceptance program for handling, storage and   
                                                            disposal of lead-acid batteries.                        
                                                           Establish procedures for rejecting or handling, storing  
                                                            and disposal of hazardous wastes and other nonhazardous 
                                                            residual fluids.                                        
                                                           Establish procedures to properly handle industrial       
                                                            turnings and cuttings and prohibiting cutting oils and  
                                                            metallic fines from coming in contact with runoff.      
                                                           Identify inspector training requirements.                
    Outside Scrap Material Storage: (liquids)............  Conduct inspections for fluids, e.g., oils, transmission 
                                                            fluids, antifreeze, brake fluid, and fuels. Establish   
                                                            handling/ storage/disposal procedures for these         
                                                            materials.                                              
    
    [[Page 50961]]
                                                                                                                    
                                                           Drain and collect liquids in a designated area. Provide  
                                                            covered storage or impervious areas with curbing/berms  
                                                            or other appropriate containment. Stored liquid         
                                                            materials in covered areas or impervious areas with     
                                                            curbing/berms or other appropriate measure.             
                                                           Establish spill prevention procedures.                   
                                                           Provide adequate supply of materials for dry clean up of 
                                                            spills or leaks.                                        
                                                           Prevent runoff into liquid storage areas. Store liquid   
                                                            wastes in materially compatible containers. Minimize/   
                                                            eliminate the accumulation of liquid wastes.            
                                                           Establish procedures if hazardous wastes are discovered  
                                                            after material accepted.                                
                                                           Conduct periodic inspections of storage areas.           
                                                           Conduct preventative maintenance of BMPs as necessary.   
    Outside Scrap Material Storage: (bulk solid            Minimize runoff from coming into areas where significant 
     materials).                                            materials are stored, e.g., diversion structures such as
                                                            curbing, berms, containment trenches, surface grading,  
                                                            and elevated concrete pads or other equivalent measure. 
                                                           Use adsorbents to collect leaking or spills of oil, fuel,
                                                            transmission and brake fluids, e.g., dry absorbent, drip
                                                            pans.                                                   
                                                           Install media filters such as catch basin filters and    
                                                            sand filters.                                           
                                                           Install oil/water separator in storage areas with vehicle
                                                            transmissions and engines. Locate spill plans under     
                                                            stored vehicles.                                        
                                                           Provide nonrecyclable waste storage bins and containers. 
                                                           Conduct periodic inspections.                            
                                                           Conduct preventative maintenance as necessary.           
                                                           Provide equipment operator training to minimize damage to
                                                            controls, e.g., curbing and berms.                      
    Storage Other: (lightweight materials)...............  Identify/provide supplier training or information        
                                                            bulletins on requirements for acceptance of lightweight 
                                                            materials.                                              
                                                           Encourage supplier participation in program to minimize/ 
                                                            eliminate, as practicable, volume of semisolid and      
                                                            liquid residues in recyclable materials, e.g., residual 
                                                            fluids in aluminum and plastic containers.              
                                                           Provide covered storage, container bins or equivalent for
                                                            lighter-weight materials such as glass, plastics,       
                                                            aluminum cans, paper, cardboard.                        
                                                           Minimize/eliminate residue from bottles, containers, etc.
                                                            from coming in contact with runoff. Establish dry clean 
                                                            up methods.                                             
                                                           Establish procedures and employee training for the       
                                                            handling, storage and disposal of residual fluids from  
                                                            small containers.                                       
                                                           Prohibit washdown of tipping floor areas.                
                                                           Provide good housekeeping to eliminate particulate and   
                                                            residual materials buildup. Establish cleaning schedule 
                                                            for high traffic areas.                                 
                                                           Provide covered disposal containers or equivalent for    
                                                            residual waste materials.                               
                                                           Eliminate floor drains discharging to storm sewer.       
    Scrap Processing Operations:.........................  Provide training to equipment operators on how to        
                                                            minimize exposure of runoff to scrap processing areas.  
                                                           Schedule frequent cleaning of accumulated fluids and     
                                                            particulate residue around all scrap processing         
                                                            equipment.                                              
                                                           Schedule frequent inspections of equipment for spills or 
                                                            leakage of fluids, oil, fuel, hydraulic fluids.         
                                                           Conduct routine preventive maintenance of equipment per  
                                                            original manufacturer's equipment (OME) recommendations.
                                                            Replace worn or malfunctioning parts.                   
                                                           Site process equipment on elevated concrete pads or      
                                                            provide runoff diversion structures around process      
                                                            equipment, berms, containment trenches or surface       
                                                            grading or other equivalent measure. Discharge runoff   
                                                            from within bermed areas to a sump, oil/water separator,
                                                            media filter or discharge to sanitary sewer.            
                                                           Conduct periodic maintenance and clean out of all sumps, 
                                                            oil/water separators, media filters. Dispose of residual
                                                            waste materials properly, e.g., according to RCRA.      
                                                           Provide curbing, dikes, and berms around scrap processing
                                                            equipment to prevent contact with runoff.               
                                                           Where practicable, locate process equipment e.g., balers,
                                                            briquetters, small compactors, under an appropriate     
                                                            cover.                                                  
                                                           Provide cover over hydraulic equipment and combustion    
                                                            engines. Provide dry-clean up materials, e.g., dry-     
                                                            adsorbents, drip pans, absorbent booms, etc. to prevent 
                                                            contact of hydraulic fluids, oils, fuels, etc., with    
                                                            storm water runoff.                                     
                                                           Provide alarm, pump shutoff, or sufficient containment   
                                                            for hydraulic reservoirs in the event of a line break.  
                                                           Stabilize high traffic areas, e.g., concrete pads,       
                                                            gravel, pavement, around processing equipment, where    
                                                            practicable.                                            
                                                           Provide site gages or overfill protection devices for all
                                                            liquid and fuel storage reservoirs and tanks.           
                                                           Establish spill prevention and response procedures,      
                                                            including employee training.                            
                                                           Provide containment bins or equivalent for shredded      
                                                            material, especially lightweight materials such as fluff
                                                            (preferably at the discharge of these materials from the
                                                            air classification system).                             
    Supplies for Process Equipment.......................  Locate storage drums containing liquids, including oils  
                                                            and lubricants indoors. Alternatively, site palletized  
                                                            drums and containers on an impervious surface and       
                                                            provide sufficient containment around the materials.    
                                                            Provide sumps, oil/water separators, if necessary.      
    
    [[Page 50962]]
                                                                                                                    
                                                           Conduct periodic inspections of containment areas and    
                                                            containers/drums for corrosion.                         
                                                           Perform preventive maintenance of BMPs, as necessary.    
                                                           Instruct employees on proper material handling and       
                                                            storage procedures.                                     
    Scrap lead acid battery Program......................  Establish inspection and acceptance procedures for scrap 
                                                            lead-acid batteries.                                    
                                                           Provide supplier training on acceptance practices for    
                                                            scrap batteries.                                        
                                                           Provide employee training on the safe handling, storage  
                                                            and disposition of scrap batteries.                     
                                                           Separate all scrap batteries from other scrap materials. 
                                                           Store scrap batteries under cover or equivalent.         
                                                           Establish procedures for the storage, handling,          
                                                            disposition of cracked or broken batteries in accordance
                                                            with applicable Federal regulations, e.g., RCRA.        
                                                           Establish procedures to collect and dispose of leaking   
                                                            battery acid according to Federal regulations, e.g.,    
                                                            RCRA.                                                   
                                                           Provide covered storage or equivalent to prevent exposure
                                                            to either precipitation or runoff.                      
    Vehicle and Equipment Maintenance....................  Establish an inventory of materials used in the          
                                                            maintenance shop that could become a potential pollutant
                                                            source with storm water runoff, e.g., fuels, solvents,  
                                                            oils, lubricants.                                       
                                                           Store and dispose of oily rags, filters (oil and air),   
                                                            batteries, engine coolant, transmission fluid, use oil, 
                                                            brake fluid, and solvents in a manner that minimizes    
                                                            potential contact with runoff and in compliance with    
                                                            State and Federal regulations.                          
                                                           Label and track recycling of waste materials, e.g.,      
                                                            batteries, solvent, used oil.                           
                                                           Drain oil filters before disposal or recycling.          
                                                           Drain all fluids from all parts or components that will  
                                                            become scrap material or secondhand parts.              
                                                           Store liquid waste materials in compatible containers.   
                                                           Store and dispose used batteries in accordance with scrap
                                                            lead acid battery program.                              
                                                           Disconnect all floor drains connected to storm sewer     
                                                            system.                                                 
                                                           Prohibit non-storm water discharges, e.g., dumping of    
                                                            used liquids down floor drains and washdown of          
                                                            maintenance areas.                                      
                                                           Provide employee training on appropriate storage and     
                                                            disposal of waste materials.                            
                                                           Provide good housekeeping measures.                      
                                                           Conduct inspections of work areas for compliance with    
                                                            BMPs.                                                   
    Fueling..............................................  Use spill and overflow protection devices.               
                                                           Provide high level alarm on fuel storage tanks.          
                                                           Minimize/eliminate runoff onto fueling areas.            
                                                           Reduce exposure of fueling areas to precipitation by     
                                                            covering the fueling area.                              
                                                           Provide dry adsorbents to clean up fuel spills.          
                                                           Conduct periodic inspections of fueling areas.           
                                                           Instruct personnel on proper fueling procedures.         
                                                           Provide curbing or posts around fuel pumps to prevent    
                                                            collisions during vehicle ingress and egress.           
    Vehicle and Equipment Washing........................  Avoid washing vehicles and equipment outdoors.           
                                                           Use biodegradable, phosphate free detergents.            
                                                           Recycle wash water.                                      
                                                           Provide vehicle wash rack with dedicated sediment trap.  
                                                           Use autoshut-off valves on washing equipment.            
    Outdoor vehicle parking and storage..................  Use drip pans under all equipment and vehicles waiting   
                                                            maintenance.                                            
                                                           Cover vehicle and equipment storage areas.               
                                                           Conduct inspections of storage and parking areas for     
                                                            leaks and filled drip pans.                             
                                                           Provide employee training.                               
    Vehicle and Equipment Painting (where applicable)....  Keep paint and solvents away from traffic areas.         
                                                           Conduct sanding and painting in nonexposed areas, e.g.,  
                                                            under cover, in accordance with OSHA standards.         
                                                           Cleanup accumulated particulate matter.                  
                                                           Minimize overspraying parts.                             
                                                           Dispose or recycle paint, solvents and thinner properly. 
                                                           Provide training to employees.                           
                                                           Conduct periodic inspections of paint spraying areas.    
    Erosion and Sediment Control.........................  Minimize runon from adjacent properties, e.g., diversion 
                                                            dikes, berms, or equivalent.                            
                                                           Trap sediment at downgradient locations and outlets      
                                                            serving unstabilized areas. This may include filter     
                                                            fabric fences, gravel outlet protection, sediment traps,
                                                            vegetated or riprap swales, vegetated strips, diversion 
                                                            structures, catch-basin filters, retention/detention    
                                                            basins or equivalent.                                   
                                                           Runoff containing oil and grease may include the use of  
                                                            absorbent booms or sand filters in front of outlet      
                                                            structures or other equivalent measures.                
                                                           Stabilize all high traffic areas, including all vehicle  
                                                            entrances and exit points.                              
                                                           Conduct periodic sweeping of all traffic areas.          
                                                           Conduct inspections of BMPs.                             
                                                           Perform preventative maintenance as needed on BMPs.      
                                                           Provide employee training on the proper installation and 
                                                            maintenance of erosion and sediment controls.           
    ----------------------------------------------------------------------------------------------------------------
    
    
    
    [[Page 50963]]
    
    
        b. Waste Recycling Facilities (SIC 5093)--(recyclable liquid 
    wastes). This section addresses source control measures, BMPs, and 
    structural controls that are specifically applicable to waste recycling 
    facilities (SIC 5093) which are engaged in such activities as 
    reclaiming and recycling of liquid wastes such as spent solvents, used 
    oil, and used antifreeze (ethylene glycol). Waste recycling facilities 
    applying for coverage under Part XI.N. of today's proposed permit will 
    be required to employ a comprehensive range of BMPs and source control 
    measures to minimize contact of pollutants with storm water runoff and 
    precipitation. In instances where facilities conduct certain operations 
    indoors or under cover, a determination will be made by the owner/
    operator of the facility as to the applicability of these BMPs and 
    source control measures to their particular facility. The following 
    table summarizes the percent breakdown of BMPs that were reported by 
    applicants participating in group application number 195.
    
     Table N-15.--Types of BMPs Reported in EPA Group Application Number 195
    ------------------------------------------------------------------------
                                                                Percent of  
                               BMP                              facilities  
    ------------------------------------------------------------------------
    Secondary Containment (includes tanks, piping, and                      
     return/fill stations)..................................              70
    Containment Trench (includes closed loop containment                    
     trenches with sumps, sloped floors, and/or berms)......              91
    Roof (includes canvass tent roofs and enclosed                          
     structures)............................................               7
    Contingency Plan (serves as Spill Prevention and                        
     Countermeasures Control Plan)..........................             100
    Prevention and Preparedness Plan (includes inspection                   
     information and general housekeeping procedures).......             100
    ------------------------------------------------------------------------
    
        The following table summarizes types of BMPs, and structural 
    control options that are applicable to liquid waste recycling 
    facilities.
    
                    Table N-16.--Types of BMP Options Applicable to Liquid Waste Recycling Facilities               
    ----------------------------------------------------------------------------------------------------------------
                           Activity                                             BMP alternatives                    
    ----------------------------------------------------------------------------------------------------------------
    Individual Drum/Container Storage....................  Ensure container/drums are in good condition. Store waste
                                                            materials in materially compatible drums. Use containers
                                                            that meet National Fire Protection Association (NFPA)   
                                                            guidelines.                                             
                                                           Put individual containers on pallets. Limit stack height 
                                                            of individual containers/drums. Provide straps, plastic 
                                                            wrap, or equivalent around stacked containers to        
                                                            provided stability.                                     
                                                           Label/mark drums. Segregate hazardous and flammable      
                                                            wastes. Comply with NFPA guidelines for segregation of  
                                                            flammable wastes.                                       
                                                           Provide adequate clearance to allow material movement and
                                                            access by material handling equipment.                  
                                                           Provide semipermanent or permanent cover over wastes.    
                                                           Provide adequate clearance between stored materials to   
                                                            allow movement and handling.                            
                                                           Establish clean up procedures, including the use of dry  
                                                            adsorbents, in the event of spills or leaks.            
                                                           Prohibit washing down of material storage areas.         
                                                            Disconnect or seal all floor drains from storm sewer    
                                                            system.                                                 
                                                           Develop spill prevention, countermeasures and control    
                                                            (SPCC) procedures for all liquid container storage      
                                                            areas. Ensure employees are familiar with SPCC          
                                                            procedures. Schedule/conduct periodic employee training.
                                                           Provide secondary containment, dikes, berms, containment 
                                                            trench, sumps, or other equivalent measure, in all      
                                                            storage areas.                                          
    Bulk Liquid Storage..................................  Use welded pipe connections versus flange connections.   
                                                            Inspect all flange gaskets for deterioration.           
                                                           Apply corrosion inhibitors to exposed metal surfaces.    
                                                           Provide high level alarms for storage tanks.             
                                                           Provide redundant piping, valves, pumps, motors, as      
                                                            necessary, at all pumping stations. Provide manually    
                                                            activated shutoff valves in the event of spill. Install 
                                                            visible and/or audible alarms in the event of a spill.  
                                                           Install manually activated drainage values, or           
                                                            equivalent, versus flapper-type drain values. Provide   
                                                            adequate security against vandalism and tampering.      
                                                           Provide secondary containment around all bulk storage    
                                                            tanks, including berms, dikes, surface impoundments or  
                                                            equivalent. Ensure surfaces of secondary containment    
                                                            areas are adequately sealed to prevent leaks.           
                                                           Provide stationary boxes around all return and fill      
                                                            stations to eliminate/minimize hose drainage and minor  
                                                            waste transfer spills.                                  
    Waste Transfer Areas.................................  Provide secondary containment or equivalent measures     
                                                            around all liquid waste transfer facilities.            
                                                           Provide cover over liquid waste transfer areas.          
                                                           Establish clean up procedures for minor spills including 
                                                            the use of dry adsorbents.                              
    Inspections..........................................  Conduct inspections of all material storage, handling and
                                                            transfer areas.                                         
                                                           Document signs of corrosion, worn parts or components on 
                                                            pumps and motors, leaking seals and gaskets.            
                                                           Conduct periodic nondestructive testing (NDT) of all bulk
                                                            storage tanks for signs of deteriorating structural     
                                                            integrity.                                              
    Preventive Maintenance...............................  Conduct periodic preventive maintenance of all structural
                                                            controls, replace worn parts on components on valves,   
                                                            pumps, motors per manufacturer's recommendations.       
    Vehicle Maintenance (if applicable)..................  Establish an inventory of materials used in the          
                                                            maintenance shop that could become a potential pollutant
                                                            source with storm water runoff, e.g., fuels, solvents,  
                                                            oils, lubricants.                                       
    
    [[Page 50964]]
                                                                                                                    
                                                           Store and dispose of oily rags, filters (oil and air),   
                                                            batteries, engine coolant, transmission fluid, use oil, 
                                                            brake fluid, and solvents in a manner that minimizes    
                                                            potential contact with runoff and in compliance with    
                                                            State and Federal regulations.                          
                                                           Label and track recycling of waste materials, e.g.,      
                                                            batteries, solvent, used oil.                           
                                                           Drain oil filters before disposal or recycling.          
                                                           Drain all fluids from all parts or components that will  
                                                            become scrap material or secondhand parts.              
                                                           Store liquid waste materials in compatible containers.   
                                                           Store and dispose used batteries in accordance with scrap
                                                            lead acid battery program.                              
                                                           Disconnect all floor drains connected to storm sewer     
                                                            system.                                                 
                                                           Prohibit non-storm water discharges, e.g., dumping of    
                                                            used liquids down floor drains and washdown of          
                                                            maintenance areas.                                      
                                                           Provide employee training on appropriate storage and     
                                                            disposal of waste materials.                            
                                                           Provide good housekeeping measures.                      
                                                           Conduct inspections of work areas for compliance with    
                                                            BMPs.                                                   
    Vehicle Cleaning (if applicable).....................  Avoid washing vehicles and equipment outdoors.           
                                                           Use biodegradable, phosphate free detergents.            
                                                           Recycle wash water.                                      
                                                           Provide vehicle wash rack with dedicated sediment trap.  
                                                           Use autoshut-off valves on washing equipment.            
    Training.............................................  Provide employee training on proper material handling and
                                                            storage procedures. Require familiarization with        
                                                            applicable SPCC measures.                               
    ----------------------------------------------------------------------------------------------------------------
    
    
    
        c. Recycling Facilities (SIC 5093). This section addresses best 
    management practices that have been employed by one or more facilities 
    within group applications 274, 647, 826, and 1145. The following table 
    provides examples of BMPs used by the recycling facilities within this 
    sub-section:
    
                          Table N-17.--Types of BMP Options Applicable to Recycling Facilities                      
    ----------------------------------------------------------------------------------------------------------------
                           Activity                                       BMP options and alternatives              
    ----------------------------------------------------------------------------------------------------------------
    Inbound Recyclable Materials Control.................  Provide public education brochures on acceptable         
                                                            recyclable materials.                                   
                                                           Educate curbside pick-up drivers on acceptable materials.
                                                            Reject unacceptable materials at the source.            
                                                           Employee training.                                       
                                                           Provide totally-enclosed drop-off containers for public. 
    Indoor Storage.......................................  Store equivalent of the average daily volume of          
                                                            recyclable materials indoors.                           
                                                           Provide good housekeeping.                               
                                                           Disconnect all floor drains from storm sewer system.     
                                                           Prohibit illicit discharges and illegal dumping to floor 
                                                            drains that are connected to the storm sewer.           
                                                           Direct tipping floor washwaters to sanitary sewer system 
                                                            if permitted by local sanitary authority.               
    Recyclable Material Processing.......................  Conduct processing operations indoors. Clean up residual 
                                                            fluids.                                                 
                                                           Conduct routine preventive maintenance on all processing 
                                                            equipment.                                              
                                                           Schedule frequent good housekeeping to minimize          
                                                            particulate and residual materials buildup.             
    Outdoor Storage......................................  Store only processed materials, i.e., baled plastic and  
                                                            aluminum and glass cullet.                              
                                                           Provide containment pits with sumps pumps that discharge 
                                                            to sanitary sewer system. Prevent discharge of residual 
                                                            fluids to storm sewer.                                  
                                                           Provide dikes and curbs around bales of waste paper.     
                                                           Use tarpaulins or covers over bales of wastepaper.       
                                                           Conduct regularly scheduled sweeping of storage areas to 
                                                            minimize particulate buildup.                           
    Residual Non-recyclable Materials....................  Store residual non-recyclable materials in covered       
                                                            containers for transport to a proper disposal facility. 
                                                           Bale residual non-recyclable materials and cover with    
                                                            tarpaulin or equivalent.                                
    Vehicle Maintenance..................................  Avoid washing equipment and vehicles outdoors.           
                                                           Eliminate outdoor maintenance areas.                     
    Fueling..............................................  Establish spill prevention and clean-up procedures.      
                                                           Provide dry-absorbent materials or equivalent.           
                                                           Provide employee training, i.e., avoid topping off fuel  
                                                            tanks.                                                  
                                                           Divert runoff from fueling areas.                        
    Lubricant Storage....................................  Eliminate or minimize outside storage.                   
                                                           Provide employee training on proper, handling, storage.  
                                                           Divert runoff from storage areas.                        
    ----------------------------------------------------------------------------------------------------------------
    
    4. Discharges Covered under this Section
        The requirements listed under this section are applicable to storm 
    water discharges from facilities typically identified in SIC 5093 
    (except for battery reclaimers and auto salvage yards). This includes 
    facilities that are engaged in the processing, reclaiming and wholesale 
    distribution of scrap and waste materials such as ferrous and 
    nonferrous metals, paper, plastic, 
    
    [[Page 50965]]
    cardboard, glass. For purposes of this permit, the term waste recycling 
    facility applies to those facilities within SIC 5093 that receive a 
    mixed wastestream of recyclable and non-recyclable wastes. Facilities 
    that are engaged in reclaiming and recycling liquid wastes such as used 
    oil, antifreeze, mineral spirits and industrial solvents and which are 
    classified SIC 5093 are also covered under this section. The term 
    recycling facility is used in this permit to those facilities that only 
    receive source-separated recyclable materials primarily from non-
    industrial and residential sources, e.g., common consumer products 
    including paper, newspaper, glass, cardboard, plastic containers, 
    aluminum and tin cans.
    5. Special Conditions
        The following section identifies special conditions that are 
    applicable to permittees applying for coverage under Part XI.N. of 
    today's permit.
        a. Prohibition of Non-storm Water Discharges. This section requires 
    scrap and waste recycling facilities that are typically classified in 
    SIC 5093 to certify that certain non-storm water discharges are not 
    occurring at their facilities. A list of non-storm water discharges 
    that are not authorized by this section has been identified. These 
    discharges are prohibited due to the likelihood these discharges will 
    contain substantial pollutant concentrations. The following non-storm 
    water discharges are not authorized by this section: waste discharges 
    to floor drains or sinks connected to the facilities storm sewer or 
    storm drainage system; water originating from vehicle and equipment 
    washing; steam cleaning wastewater; process wastewaters; washwater 
    originating from cleaning tipping floor areas or material receiving 
    areas that discharge to any portion of a storm sewer system; wastewater 
    from wet scrubbers; boiler blowdown; noncontact and contact cooling 
    water; discharges originating from dust control spray water; discharges 
    from oil/water separators and sumps in the absence of a storm event; 
    discharges originating from the cleaning out of oil/water separators or 
    sumps; and non-storm water discharges from turnings containment areas.
        The operators of non-storm water discharges must seek coverage for 
    these discharges under a separate National Pollutant Discharge 
    Elimination System (NPDES) permit if discharging to either a municipal 
    separate storm sewer system or to waters of the United States. If such 
    a permit has been issued, the plan shall identify the NPDES permit 
    number and a copy of the NPDES permit shall be located at the facility 
    and shall be readily accessible. If a permit application has been 
    submitted for a non-storm water discharge, the plan shall be annotated 
    accordingly and a copy of the application shall be located at the 
    facility and shall be readily accessible.
        For facilities that have prohibited discharges identified under 
    this section and which discharge to a sanitary sewer system, the 
    facility operator is required to take the appropriate notification 
    actions as may be required by the operator of the sanitary sewer 
    system. Any relevant documentation, i.e., notification letters and 
    approvals, shall be kept with the plan. For facilities that have been 
    issued an industrial user permit under the pretreatment program for 
    discharges prohibited under this section, the plan shall identify the 
    appropriate NPDES permit number and a copy of the permit shall be kept 
    at the facility and shall be readily accessible. EPA strongly 
    recommends that operators keep copies of relevant documentation 
    concerning non-storm water discharges and NPDES permits with the plan.
    6. Storm Water Pollution Prevention Plan Requirements
        a. Contents of the Plan. In addition to the supplemental 
    information requirements identified in Part VI.C., scrap and waste 
    recycling facilities in SIC 5093 are required to provide the additional 
    information applicable to their industrial sector. The storm water 
    pollution prevention plan is broken out into three subcategories; scrap 
    recycling and waste recycling facilities (nonliquid materials); waste 
    recycling facilities (liquid materials); and recycling facilities.
        (1) Description of Potential Pollutant Sources
        (a) Scrap Recycling and Waste Recycling Facilities (nonliquid 
    recyclable wastes)--This section establishes that scrap recycling and 
    waste recycling facilities shall provide the following information in 
    their pollution prevention plan.
        (i) Inbound Recyclable and Waste Material Control Program--The plan 
    shall include a recyclable and waste material inspection program to 
    minimize the likelihood of receiving non-recyclable materials (e.g., 
    hazardous materials) that may be significant pollutant sources to storm 
    water discharges. At a minimum, the plan shall address the following:
        Information/education measures to encourage major suppliers of 
    scrap and recyclable waste materials to drain residual fluids, whenever 
    applicable, prior to its arrival at the facility. This includes 
    vehicles and equipment engines, radiators, and transmissions, oil-
    filled transformers, white goods (appliances) and individual containers 
    or drums;
        Activities which accept scrap and materials that may contain 
    residual fluids, e.g., automotive engines containing used oil, 
    transmission fluids, etc., shall describe procedures to minimize the 
    potential for these fluids from coming in contact with either 
    precipitation or runoff. The description shall also identify measures 
    or procedures to properly store, handle, dispose and/or recycle these 
    residual fluids;
        Procedures pertaining to the acceptance of scrap lead-acid 
    batteries. Additional requirements for the handling, storage and 
    disposal or recycling of batteries shall be in conformance with 
    conditions for a scrap lead-acid battery program, see below;
        A description of training requirements for those personnel engaged 
    in the inspection and acceptance of inbound recyclable materials; and
        Liquid wastes, including used oil, shall be stored in materially 
    compatible and nonleaking containers and disposed or recycled in 
    accordance with all requirements under the Resource Recovery and 
    Conservation Act (RCRA), and other State or local requirements.
        (ii) Scrap and Waste Material Stockpiles (outdoors)--The plan shall 
    address areas where significant materials are exposed to either storm 
    water runoff or precipitation. The plan must describe those measures 
    and controls used to minimize contact of storm water runoff with 
    stockpiled materials. The plan should include measures to minimize the 
    extent of storm water contamination from these areas. The operator 
    shall consider (within the plan) the use of the following BMPs (either 
    individually or in combination) or their equivalent to minimize contact 
    with storm water runoff:
        Diversion devices or structures such as dikes, berms, containment 
    trenches, culverts and/or surface grading;
        Media filtration such as catch basin filters and sand filters;
        Silt fencing; and,
        Oil/water separators, sumps and dry adsorbents in stockpile areas 
    that are potential sources of residual fluids, e.g., automotive engine 
    storage areas.
        The operator may consider the use of permanent or semipermanent 
    covers, or other similar forms of protection over stockpiled materials 
    where the operator determines that such measures are reasonable and 
    appropriate. 
    
    [[Page 50966]]
    
        The operator may consider the use of sediment traps, vegetated 
    swales and/or vegetated strips to facilitate settling or filtering out 
    of pollutants and sediment.
        (iii) Stockpiling of Turnings Previously Exposed to Cutting Fluids 
    (outdoors)--The plan shall address all areas where stockpiling of 
    industrial turnings (previously exposed to cutting fluids) occurs. The 
    plan shall implement those measures necessary to minimize contact of 
    surface runoff with residual cutting fluids. The operator shall 
    consider implementation of either of the following two alternatives or 
    a combination of both or equivalent measures:
        Alternative 1: Storage of all turnings previously exposed to 
    cutting fluids under some form of permanent or semi-permanent cover. 
    Discharges of residual fluids from these areas to the storm sewer 
    system in the absence of a storm event is prohibited. Discharges to the 
    storm sewer system as a consequence of a storm event is permitted 
    provided the discharge is first directed through an oil/water separator 
    or its equivalent. Procedures to collect, handle, and dispose or 
    recycle residual fluids that may be present shall be identified in the 
    plan.
        Alternative 2: Establish dedicated containment areas for all 
    turnings that have been exposed to cutting fluids where runoff from 
    these areas is directed to a storm sewer system, providing the 
    following:
        Containment areas constructed of either concrete, asphalt or other 
    equivalent type of impermeable material;
        A perimeter around containment areas to prevent runoff from moving 
    across these areas. This would include the use of shallow berms, 
    curbing, or constructing an elevated pad or other equivalent measure;
        A suitable drainage collection system to collect all runoff 
    generated from within containment areas. At a minimum, the drainage 
    system shall include a plate-type oil/water separator or its 
    equivalent. The oil/water separator or its equivalent shall be 
    installed according to the manufacturer's recommended specifications, 
    whenever available, specifications will be kept with the plan;
        A schedule to maintain the oil/water separator (or its equivalent) 
    to prevent the accumulation of appreciable amounts of fluids. In the 
    absence of a storm event, no discharge from containment areas to the 
    storm sewer system are permitted unless the discharge is covered by a 
    separate NPDES permit; and
        Identify procedures for the proper disposal or recycling of 
    collected residual fluids.
        (iv) Scrap and Waste Material Stockpiles (covered or indoors)--The 
    plan shall address, at a minimum, measures and controls to minimize 
    and, whenever feasible, eliminate residual liquids and particulate 
    matter from materials stored indoors from coming in contact with 
    surface runoff. The operator shall consider including in their plan: 
    good housekeeping measures to collect residual liquids from aluminum, 
    glass and plastic containers and prohibiting the practice of allowing 
    washwater from tipping floors or other indoor processing areas from 
    discharging to a storm sewer system, inspections to ensure that 
    material stockpile areas with existing floor drains are not connected 
    to the storm sewer system or any portion of the storm sewer system, and 
    the disconnection of any floor drains to the storm drainage system.
        (v) Scrap and Recyclable Waste Processing Areas--The plan shall 
    address areas where scrap and recyclable waste processing equipment are 
    sited. This includes measures and controls to minimize surface runoff 
    from coming in contact with scrap processing equipment. In the case of 
    processing equipment that generate visible amounts of particulate 
    residue, e.g., shredding facilities, the plan shall describe good 
    housekeeping and preventive maintenance measures to minimize contact of 
    runoff with residual fluids and accumulated particulate matter. At a 
    minimum, the operator shall consider including the following:
        A schedule of periodic inspections of equipment for leaks, spills, 
    malfunctioning, worn or corroded parts or equipment; preventive 
    maintenance program to repair and/or maintain processing equipment; 
    measures to minimize shredder fluff from coming in contact with surface 
    runoff; use of dry-absorbents or other cleanup practices to collect and 
    to dispose or recycle spilled or leaking fluids; and installation of 
    low-level alarms or other equivalent protection devices on unattended 
    hydraulic reservoirs over 150 gallons in capacity. Alternatively, 
    provide secondary containment with sufficient volume to contain the 
    entire volume of the reservoir.
        The operator shall consider using the following types of BMPs:
        (a) Diversion structures such as dikes, berms, culverts, 
    containment trenches, elevated concrete pads, grading to minimize 
    contact of storm water runoff with outdoor processing equipment;
        (b) Oil/water separators or sumps in processing areas that are 
    potential sources of residual fluids and grease;
        (c) Permanent or semipermanent covers, or other similar measures;
        (d) Retention and detention basins or ponds, sediment traps or 
    vegetated swales and strips, to facilitate settling or filtering out of 
    pollutants in runoff from processing areas; or
        (e) Media filtration such as catch basin filters and sand filters.
        (vi) Scrap Lead-acid Battery Program--The plan shall address 
    measures and controls for the proper receipt, handling, storage and 
    disposition of scrap lead-acid batteries (battery reclaiming is not 
    eligible for coverage under this permit). The operator shall consider 
    including: procedures for accepting scrap batteries and describing how 
    they will be segregated from other scrap materials; procedures for 
    managing battery casings that may be cracked or leaking, including the 
    proper handling and disposal of residual fluids; measures to minimize 
    and, whenever possible, eliminate exposure of scrap batteries to either 
    runoff or precipitation; the schedule for conducting periodic 
    inspections of scrap battery storage areas and applicable source 
    control measures; and measures to provide employee training on the 
    management of scrap batteries.
        (vii) Erosion and Sediment Control--The plan shall identify all 
    areas associated with industrial activity that have a high potential 
    for soil erosion and suspended solids loadings, i.e., areas that tend 
    to accumulate significant particulate matter. Appropriate source 
    control, stabilization measures, nonstructural, structural controls, or 
    an equivalent shall be provided in these areas. The plan shall also 
    contain a narrative discussion of the reason(s) for selected erosion 
    and sediment controls. At a minimum, the operator shall consider in the 
    plan, either individually or in combination, the following erosion and 
    sediment control measures:
        Filtering or diversion practices, such as filter fabric, sediment 
    filter boom, earthen or gravel berms, curbing or other equivalent 
    measure;
        Catch basin filters, filter fabric, or equivalent measure, placed 
    in or around inlets or catch basins that receive runoff from scrap and 
    waste storage areas, and processing equipment; and
        Sediment traps, vegetative buffer strips, or equivalent, that 
    effectively trap or remove sediment prior to discharge through an inlet 
    or catch basin.
        In instances where significant erosion and suspended solids 
    loadings continue after implementation of source control 
    
    [[Page 50967]]
    measures and nonstructural controls, the operator shall consider 
    providing in the plan for a detention or retention basin or other 
    equivalent structural control. All structural controls shall be 
    designed using good engineering practice. All structural controls and 
    outlets that are likely to receive discharges containing oil and grease 
    must include appropriate measures to minimize the discharge of oil and 
    grease through the outlet. This may include the use of an absorbent 
    boom or other equivalent measure.
        Where space limitations (e.g., obstructions caused by permanent 
    structures such as buildings and permanently-sited processing equipment 
    and limitations caused by a restrictive property boundary) prevent the 
    siting of a structural control, i.e., retention basin, such a 
    determination will be noted in the plan. The operator will identify in 
    the plan what existing practices shall be modified or additional 
    measures shall be undertaken to minimize erosion and suspended sediment 
    loadings in lieu of a structural BMP.
        (viii) Spill Prevention and Response Procedures--To prevent or 
    minimize storm water contamination at loading and unloading areas, and 
    from equipment or container failures, the operator shall consider 
    including in the plan the following practices:
        Description of spill prevention and response measures to address 
    areas that are potential sources of leaks or spills of fluids;
        All significant leaks and spills should be contained and cleaned up 
    as soon as possible. If malfunctioning equipment is responsible for the 
    spill or leak, repairs should also be conducted as soon as possible;
        Cleanup procedures should be identified in the plan, including the 
    use of dry absorbent materials or other cleanup methods. Where dry 
    absorbent cleanup methods are used, an adequate supply of dry absorbent 
    material should be maintained onsite. Used absorbent material should be 
    disposed of properly;
        Drums containing liquids, including oil and lubricants, should be 
    stored indoors; or in a bermed area; or in overpack containers or spill 
    pallets; or in similar containment devices;
        Overfill prevention devices should be installed on all fuel pumps 
    or tanks;
        Drip pans or equivalent measures should be placed under any leaking 
    piece of stationary equipment until the leak is repaired. The drip pans 
    should be inspected for leaks and checked for potential overflow, and 
    be emptied regularly to prevent overflow and all liquids will be 
    disposed of in accordance with all requirements under RCRA; and
        An alarm and/or pump shut off system should be installed and 
    maintained on all outside equipment with hydraulic reservoirs exceeding 
    150 gallons (only those reservoirs not directly visible by the operator 
    of the equipment) in order to prevent draining the tank contents in the 
    event of a line break. Alternatively, the equipment may have a 
    secondary containment system capable of containing the contents of the 
    hydraulic reservoir plus adequate freeboard for precipitation. Leaking 
    hydraulic fluids should be disposed of in accordance with all 
    requirements under RCRA.
        (ix) Quarterly Inspections--A quarterly inspection shall include 
    all designated areas of the facility and equipment identified in the 
    plan. The inspection shall include a means of tracking and conducting 
    follow up actions based on the results of the inspection. The 
    inspections shall be conducted by members of the Storm Water Pollution 
    Prevention team. At a minimum, quarterly inspections shall include the 
    following areas:
        All outdoor scrap processing areas;
        All material unloading and loading areas (including rail sidings) 
    that are exposed to either precipitation or storm water runoff;
        Areas where structural BMPs have been installed;
        All erosion and sediment BMPs;
        Outdoor vehicle and equipment maintenance areas;
        Vehicle and equipment fueling areas; and
        All areas where waste is generated, received, stored, treated, or 
    disposed and which are exposed to either precipitation or storm water 
    runoff.
        If exposed to precipitation or storm water runoff, the inspection 
    shall attempt to identify any corroded or leaking containers, corroded 
    or leaking pipes, leaking or improperly closed valves and valve 
    fittings, leaking pumps and/or hose connections, and deterioration in 
    diversionary or containment structures. Spills or leaks shall be 
    immediately addressed according to the facilities. A record of 
    inspections shall be maintained with the plan.
        The BMPs identified above have been employed by scrap recycling and 
    waste recycling facilities are believed to be appropriate given the 
    types of pollutants found in storm water discharges from these 
    facilities. In addition, the diversity of options allows permittees to 
    select those BMPs that are most applicable to the extent of the risk 
    that exists at a particular facility. In instances where nonstructural 
    measures are not sufficient, the conditions direct the permittee to 
    more stringent requirements such as structural controls.
        (b) Waste Recycling Facilities (Recyclable liquid wastes)--This 
    section establishes that waste recycling facilities (recyclable liquid 
    wastes) shall provide the following information.
        (i) Waste Material Storage (indoors)--The operator shall consider 
    including in the plan measures and controls to minimize residual 
    liquids from waste materials stored indoors from coming in contact with 
    surface runoff and provisions to maintain a sufficient supply of dry-
    absorbent materials or a wet vacuum system or other equivalent measure 
    to promptly respond to minor leaks or spills. Measures for secondary 
    containment or its equivalent and procedures for proper material 
    handling (including labeling and marking) and storage of containerized 
    materials should be considered. Drainage from bermed areas should be 
    discharged to an appropriate treatment facility or sanitary sewer 
    system. Discharges from bermed areas should be covered by a separate 
    NPDES permit or industrial user permit under the pretreatment program. 
    The drainage system, where applicable, should include appropriate 
    appurtenances such as pumps or ejectors and manually-operated valves of 
    the open-and-close design.
        (ii) Waste Material Storage (outdoors)--The plan will address areas 
    where waste materials are exposed to either storm water runoff or 
    precipitation. The plan must include measures to provide appropriate 
    containment, drainage control and/or other appropriate diversionary 
    structures. The plan must describe those measures and controls used to 
    minimize contact of storm water runoff with stored materials. The 
    operator shall consider including in the plan the following 
    preventative measures or an equivalent:
        An appropriate containment structure such as dikes, berms, curbing 
    or pits, or other equivalent measure. The containment should be 
    sufficient to store the volume of the largest single tank and should 
    include sufficient freeboard for precipitation;
        A sufficient supply of dry-absorbent materials or a wet vacuum 
    system to collect liquids from minor spills and leaks in contained 
    areas; and
        Discharges of precipitation from containment areas containing used 
    oil shall be in accordance with applicable sections of 40 CFR Part 112.
        (iii) Truck and Rail Car Waste Transfer Areas--The plan will 
    describe 
    
    [[Page 50968]]
    measures and controls for truck and rail car loading and unloading 
    areas. This includes appropriate containment and diversionary 
    structures to minimize contact with precipitation and/or storm water 
    runoff. The plan will also address measures to clean up minor spills 
    and/or leaks originating from the transfer of liquid wastes. This may 
    include dry-clean up methods, roof coverings, and other runoff 
    controls.
        (iv) Erosion and Sediment Control--The plan shall identify all 
    areas associated with industrial activity that have a high potential 
    for soil erosion. Appropriate stabilization measures, nonstructural and 
    structural controls shall be provided in these areas. The plan shall 
    contain a narrative consideration of the appropriateness for selected 
    erosion and sediment controls. Where applicable, the facility shall 
    consider the use of the following types of preventive measures: 
    sediment traps; vegetative buffer strips; filter fabric fence; sediment 
    filtering boom; gravel outlet protection; or other equivalent measures 
    that effectively trap or remove sediment prior to discharge through an 
    inlet or catch basin.
        (v) Spill Prevention and Response Procedures--The plan will address 
    measures and procedures to address potential spill scenarios that could 
    occur at the facility. This includes all applicable handling and 
    storage procedures, containment, diversion controls and clean-up 
    procedures. The plan will specifically address all outdoor and indoor 
    storage areas, waste transfer areas, material receiving areas (loading 
    and unloading), and waste disposal areas.
        (vi) Quarterly Inspections--Quarterly visual inspections shall be 
    conducted by a member, or members, of the storm water pollution 
    prevention team. The quarterly inspection shall include all designated 
    areas of the facility and equipment identified in the plan. The 
    inspection shall include a means of tracking and conducting follow up 
    actions based on the results of the inspection. At a minimum, the 
    inspections shall include the following areas:
        Material storage areas;
        Material unloading and loading areas (including rail sidings) that 
    are exposed to either precipitation or storm water runoff;
        Areas where structural BMPs have been installed;
        All erosion and sediment BMPs;
        Outdoor vehicle and equipment maintenance areas (if applicable);
        Vehicle and equipment fueling areas (if applicable); and
        All areas where waste is generated, received, stored, treated, or 
    disposed and which are exposed to either precipitation or storm water 
    runoff.
        If exposed to precipitation or storm water runoff, the inspection 
    shall identify the presence of any corroded or leaking containers, 
    corroded or leaking pipes, leaking or improperly closed valves and 
    valve fittings, leaking pumps and/or hose connections, and 
    deterioration in diversionary or containment structures. Spills or 
    leaks shall be immediately addressed according to the facility's spill 
    prevention and response procedures.
        (c) Recycling Facilities.--This section establishes that recycling 
    facilities (including MRFs) that receive only source-separated 
    recyclable materials primarily from non-industrial and residential 
    sources shall provide the following information in their pollution 
    prevention plan.
        (i) Inbound Recyclable Material Control Program. The plan shall 
    include a recyclable material inspection program to minimize the 
    likelihood of receiving non-recyclable materials (e.g., hazardous 
    materials) that may be significant source of pollutants in surface 
    runoff. At a minimum, the operator shall consider addressing in the 
    plan the following:
        A description of information and education measures to educate the 
    appropriate suppliers of recyclable materials on the types of 
    recyclable materials that are acceptable and those that are not 
    acceptable, e.g., household hazardous wastes;
        A description of training requirements for drivers responsible for 
    pickup of recyclable materials;
        Clearly mark public drop-off containers as to what materials can be 
    accepted;
        Rejecting non-recyclable wastes or household hazardous wastes at 
    the source; and
        A description of procedures for the handling and disposal of 
    nonrecyclable materials.
        (ii) Outdoor Storage. The plan shall include BMPs to minimize or 
    reduce the exposure of recyclable materials to surface runoff and 
    precipitation. The plan, at a minimum, shall include good housekeeping 
    measures to prevent the accumulation of visible quantities of residual 
    particulate matter and fluids, particularly in high traffic areas. The 
    plan shall consider tarpaulins or their equivalent to be used to cover 
    exposed bales of recyclable waste paper. The operator shall consider 
    within the plan the use of the following types of BMPs (individually or 
    in combination) or their equivalent:
        Provide totally-enclosed drop-off containers for public.
        Provide a sump and sump pump with each containment pit. Prevent the 
    discharge of residual fluids to storm sewer system. Prevent discharging 
    to the storm sewer system;
        Provide dikes and curbs around bales of recyclable waste paper;
        Divert surface runoff away from outside material storage areas;
        Provide covers over containment bins, dumpsters, roll-off boxes; 
    and,
        Store the equivalent one day's volume of recyclable materials 
    indoors.
        (iii) Indoor Storage and Material Processing. The plan shall 
    address BMPs to minimize the release of pollutants from indoor storage 
    and processing areas to the storm sewer system. The plan shall 
    establish specific measures to ensure that all floor drains do not 
    discharge to the storm sewer system. The following BMPs shall be 
    considered for inclusion in the plan:
        Schedule routine good housekeeping measures for all storage and 
    processing areas;
        Prohibit the practice of allowing tipping floor washwaters from 
    draining to any portion of a storm sewer system;
        Provide employee training on pollution prevention practices;
        (iv) Vehicle and Equipment Maintenance. The plan shall also provide 
    for BMPs in those areas where vehicle and equipment maintenance is 
    occurring outdoors. At a minimum, the following BMPs shall be 
    considered for inclusion in the plan:
        Prohibit vehicle and equipment washwater from discharging to the 
    storm sewer system;
        Minimize or eliminate outdoor maintenance areas, wherever possible;
        Establish spill prevention and clean-up procedures in fueling 
    areas;
        Provide employee training on avoiding topping off fuel tanks;
        Divert runoff from fueling areas;
        Store lubricants and hydraulic fluids indoors;
        Provide employee training on proper, handling, storage of hydraulic 
    fluids and lubricants.
    Monitoring and Reporting Requirements
        Analytical Monitoring Requirements. EPA believes that scrap 
    recycling and waste recycling facilities (nonsource-separated 
    facilities only) may reduce the level of pollutants in storm water 
    runoff from their sites through the development and proper 
    implementation of the storm water pollution prevention plan 
    requirements discussed in today's permit. In order to provide a tool 
    for evaluating the effectiveness of the pollution prevention 
    
    [[Page 50969]]
    plan and to characterize the discharge for potential environmental 
    impacts, the permit requires scrap recycling and waste recycling 
    facilities to collect and analyze samples of their storm water 
    discharges for the pollutants listed in Table N-18. The pollutants 
    listed in Table N-18 were found to be above benchmark levels for a 
    significant portion of scrap and waste recycling facilities that 
    submitted quantitative data in the group application process, or are 
    believed to be present based upon the description of industrial 
    activities and significant materials exposed. Because these pollutants 
    have been reported above benchmark levels , EPA is requiring monitoring 
    after the pollution prevention plan has been implemented to assess the 
    effectiveness of the pollution prevention plan and to help ensure that 
    a reduction of pollutants is realized.
        At a minimum, storm water discharges from scrap recycling and waste 
    recycling facilities must be monitored quarterly during the second year 
    of permit coverage. Samples must be collected at least once in each of 
    the following periods: January through March; April through June; July 
    through September; and October through December. At the end of the 
    second year of permit coverage, a facility must calculate the average 
    concentration for each parameter listed in Table N-18. If the permittee 
    collects more than four samples in this period, then they must 
    calculate an average concentration for each pollutant of concern for 
    all samples analyzed.
    
                  Table N-18.--Industry Monitoring Requirements             
    ------------------------------------------------------------------------
                Pollutants of concern \1\              Cut-off concentration
    ------------------------------------------------------------------------
    Chemical Oxygen Demand (COD)....................  120 mg/L              
    Total Suspended Solids (TSS)....................  100 mg/L              
    Total Recoverable Aluminum......................  0.75 mg/L             
    Total Recoverable Copper........................  0.0636 mg/L           
    Total Recoverable Iron..........................  1.0 mg/L              
    Total Recoverable Lead..........................  0.0816 mg/L           
    Total Recoverable Zinc..........................  0.065 mg/L            
    ------------------------------------------------------------------------
    \1\ Several congeners of PCBs (PCB-1016, -1221, -1242, -1248, -1260)    
      were above established benchmarks, however, EPA believes that these   
      constituents will readily bound up with sediment and particulate      
      matter. Therefore, EPA feels that monitoring for TSS will serve as an 
      adequate indicator for the control of PCBs.                           
    
        If the average concentration for a parameter is less than or equal 
    to the value listed in Table N-18, then the permittee is not required 
    to conduct quantitative analysis for that parameter during the fourth 
    year of the permit. If, however, the average concentration for a 
    parameter is greater than the cut-off concentration listed in Table N-
    18, then the permittee is required to conduct quarterly monitoring for 
    that parameter during the fourth year of permit coverage. Monitoring is 
    not required during the first, third, and fifth year of the permit. The 
    exclusion from monitoring in the fourth year of the permit is 
    conditional on the facility maintaining industrial operations and BMPs 
    that will ensure a quality of storm water discharges consistent with 
    the average concentrations recorded during the second year of the 
    permit.
    
                                           Table N-19.--Schedule of Monitoring                                      
                                                                                                                    
                                                                                                                    
    2nd Year of Permit Coverage..........................   Conduct quarterly monitoring.                   
                                                            Calculate the average concentration for all     
                                                            parameters analyzed during this period.                 
                                                            If average concentration is greater than the    
                                                            value listed in Table N-18, then quarterly sampling is  
                                                            required during the fourth year of the permit.          
                                                            If average concentration is less than or equal  
                                                            to the value listed in Table N-18, then no further      
                                                            sampling is required for that parameter.                
    4th Year of Permit Coverage..........................   Conduct quarterly monitoring for any parameter  
                                                            where the average concentration in year 2 of the permit 
                                                            is greater than the value listed in Table N-18.         
                                                            If industrial activities or the pollution       
                                                            prevention plan have been altered such that storm water 
                                                            discharges may be adversely affected, quarterly         
                                                            monitoring is required for all parameters of concern.   
    
        In cases where the average concentration of a parameter exceeds the 
    cut-off concentration, EPA expects permittees to place special emphasis 
    on methods for reducing the presence of those parameters in storm water 
    discharges. Quarterly monitoring in the fourth year of the permit will 
    reassess the effectiveness of the adjusted pollution prevention plan.
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly chemical sampling.
        b. Alternative Certification. Throughout today's permit, EPA has 
    proposed monitoring requirements for facilities which the Agency 
    believes have the potential for contributing significant levels of 
    pollutants to storm water discharges. The alternative described below 
    is necessary to ensure that monitoring requirements are only imposed on 
    those facilities that do, in fact, have storm water discharges 
    containing pollutants at concentrations of concern. EPA has determined 
    that if materials and activities are not exposed to storm water at the 
    site, then the potential for pollutants to contaminate storm water 
    discharges does not warrant monitoring.
        Therefore, a discharger is not subject to the monitoring 
    requirements of this Part provided the discharger makes a certification 
    for a given outfall, or on a pollutant-by-pollutant basis in lieu of 
    monitoring reports required, under penalty of law, signed in accordance 
    with Part VII.G. (Signatory Requirements), that material handling 
    equipment or activities, raw materials, intermediate products, final 
    products, waste materials, by-products, industrial machinery or 
    operations, significant materials from past industrial activity that 
    are located in areas of the facility that are within the drainage area 
    of the outfall are not presently exposed to storm water and will not be 
    exposed to storm water for the certification period. Such certification 
    must be retained in the storm water pollution prevention plan and 
    submitted to EPA in the case of certifying that a pollutant is not 
    present, the permittee must submit the certification along with the 
    monitoring 
    
    [[Page 50970]]
    reports required under paragraph (c) below. If the permittee cannot 
    certify for an entire period, they must submit the date exposure was 
    eliminated and any monitoring required up until that date. This 
    certification option is not applicable to compliance monitoring 
    requirements associated with effluent limitations. EPA does not expect 
    facilities to be able to exercise this certification for indicator 
    parameters, such as TSS and BOD.
        c. Reporting Requirements. Permittees are required to submit all 
    monitoring results obtained during the second and fourth year of permit 
    coverage within 3 months of the conclusion of each year. For each 
    outfall, one signed Discharge Monitoring Report form must be submitted 
    to the Director per storm event sampled. For facilities conducting 
    monitoring beyond the minimum quarterly requirements an additional 
    Discharge Monitoring Report Form must be filed for each analysis.
        d. Sample Type. All discharge data shall be reported for grab 
    samples. All such samples shall be collected from the discharge 
    resulting from a storm event that is greater than 0.1 inches in 
    magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. The required 
    72-hour storm event interval is waived where the preceding measurable 
    storm event did not result in a measurable discharge from the facility. 
    The required 72-hour storm event interval may also be waived where the 
    permittee documents that less than a 72-hour interval is representative 
    for local storm events during the season when sampling is being 
    conducted. The grab sample shall be taken during the first 30 minutes 
    of the discharge. If the collection of a grab sample during the first 
    30 minutes is impracticable, a grab sample can be taken during the 
    first hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable. If storm water discharges associated with 
    industrial activity commingle with process or nonprocess water, then 
    where practicable permittees must attempt to sample the storm water 
    discharge before it mixes with the non-storm water discharge.
        e. Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluent. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        f. Quarterly Visual Examination of Storm Water Quality. Quarterly 
    visual examinations of storm water discharges from each outfall are 
    required. The examination must be of a grab sample collected from each 
    storm water outfall. The examination of storm water grab samples shall 
    include any observations of color, odor, clarity, floating solids, 
    settled solids, suspended solids, foam, oil sheen, or other obvious 
    indicators of storm water pollution. The examination must be conducted 
    in a well lit area. No analytical tests are required to be performed on 
    these samples. The examination must be conducted at least once in each 
    of the following periods: January through March; April through June; 
    July through September; and October through December.
        The examination must be made at least once in each quarter of the 
    permit during daylight unless there is insufficient rainfall or snow-
    melt to generate runoff. Where practicable, the same individual should 
    carry out the collection and examination of discharges throughout the 
    life of the permit to ensure the greatest degree of consistency 
    possible. Grab samples shall be collected within the first 30 minutes 
    (or as soon thereafter as practical, but not to exceed 60 minutes) of 
    when the runoff begins discharging. Reports of the visual examination 
    include: the examination date and time, examination personnel, visual 
    quality of the storm water discharge, and probable sources of any 
    observed storm water contamination. The visual examination reports must 
    be maintained onsite with the pollution prevention plan.
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly visual examination.
        EPA believes that this quick and simple assessment will allow the 
    permittee to approximate the effectiveness of his/her plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the chemical properties of the storm water discharged from the 
    site, the examination will provide meaningful results upon which the 
    facility may act quickly. The frequency of this visual examination will 
    also allow for timely adjustments to be made to the plan. If BMPs are 
    performing ineffectively, corrective action must be implemented. A set 
    of tracking or follow-up procedures must be used to ensure that 
    appropriate actions are taken in response to the inspections. The 
    visual examination is intended to be performed by members of the 
    pollution prevention team. This hands-on examination will enhance the 
    staff's understanding of the storm water problems on that site and 
    effects on the management practices that are included in the plan.
        When a discharger is unable to collect samples over the course of 
    the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation on-site with the 
    records of the visual examination. Adverse weather conditions which may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        g. Retention of Records
        (1) The permittee shall retain records of all inspections and 
    monitoring information, including certification reports, noncompliance 
    reports, calibration and maintenance records and all original strip 
    chart recordings for continuous monitoring instrumentation, copies of 
    all reports, and supporting data, requested by the permitting authority 
    for at least 3 years after the date of the sampling event or 
    inspection.
    
    O. Storm Water Discharges Associated With Industrial Activity From 
    Steam Electric Power Generating Facilities, Including Coal Handling 
    Areas
    
    1. Industrial Profile
        The conditions in this section apply to storm water discharges from 
    steam electric power generating facilities. The steam electric power 
    generating category 
    
    [[Page 50971]]
    includes facilities which are coal, oil, gas, or nuclear fired. Heat 
    captured co-generation facilities are not covered under the definition 
    of storm water discharge associated with industrial activity, however, 
    dual fuel co-generation facilities are included in the definition. When 
    an industrial facility, described by the above coverage provisions of 
    this section, has industrial activities being conducted onsite that 
    meet the description(s) of industrial activities in another section(s), 
    that industrial facility shall comply with any and all applicable 
    monitoring and pollution prevention plan requirements of the other 
    section(s) in addition to all applicable requirements in this section. 
    The monitoring and pollution prevention plan terms and conditions of 
    this multi-sector permit are additive for industrial activities being 
    conducted at the same industrial facility (co-located industrial 
    activities). The operator of the facility shall determine which other 
    monitoring and pollution prevention plan section(s) of this permit (if 
    any) are applicable to the facility.
        Storm water discharges from coal piles are eligible for coverage 
    under this permit, where these discharges are not already subject to an 
    existing NPDES permit.
        The production of electrical energy always involves the conversion 
    of some other form of energy. The two most important sources of energy 
    which are converted to steam electric energy are the chemical energy of 
    fossil fuels and the atomic energy of nuclear fuels. Current uses of 
    fossil fuels are based on a combustion process, followed by steam 
    generation to convert the heat first into mechanical energy and then to 
    convert the mechanical energy into electrical energy. Nuclear power 
    plants utilize a cycle similar to that used in fossil fueled power 
    plants except that the source of heat is atomic interactions rather 
    than the combustion of fossil fuel.
        The steam electric power generating process for fossil fuel systems 
    are typically enclosed and subject to effluent limitations guidelines 
    [40 Code of Federal Regulations (CFR) Part 423], as is coal pile 
    runoff. However, the unloading and transport of coal within the 
    facility is subject to the conditions set forth in this section of 
    today's permit. Likewise, the unloading and storage areas for liquid 
    fuels and chemicals are subject to the conditions in this section of 
    today's permit.
        Industrial activities occurring at steam electric power generating 
    facilities that pertain to the storm water rule include, ``* * * but 
    [are] not limited to, storm water discharges from industrial plant 
    yards; material handling sites; refuse sites; sites used for the 
    application or disposal of process wastewaters (as defined at 40 CFR 
    Part 401); sites used for the storage and maintenance of material 
    handling equipment; sites used for residual treatment, storage, or 
    disposal; shipping and receiving areas; manufacturing buildings; 
    storage areas (including tank farms) for raw materials and intermediate 
    and finished materials; and areas where industrial activity has taken 
    place in the past and significant materials remain and are exposed to 
    storm water'' (40 CFR 122.26(b)(14)). Common industrial activities at 
    steam electric power generating facilities include the unloading, 
    transport, and storage of raw materials, and the disposal of waste 
    materials.
        Significant materials include, ``* * * but [are] not limited to: 
    raw materials; fuels; materials such as solvents, detergents, and 
    plastic pellets; finished materials such as metallic products; * * * 
    hazardous substances designated under Section 101(14) of CERCLA; any 
    chemical facilities required to report pursuant to Section 313 of Title 
    III of SARA; fertilizers; pesticides; and waste products such as ashes, 
    slag, and sludge that have the potential to be released with storm 
    water discharges'' (40 CFR 122.26(b)(12)). Significant materials 
    commonly found at steam electric power generating facilities include: 
    coal; diesel fuel; and waste materials.
        Historically, steam electric power generating facilities were 
    categorized in accordance with the type of fuel they burned. Recently, 
    however, steam electric power generating facilities have modified their 
    equipment to enable them to use more than one fuel. Presented below are 
    brief descriptions of the industrial activities and significant 
    materials associated with the production of steam electric power. Due 
    to the increase in facilities burning multiple fuels the industrial 
    activities and significant materials are discussed together. However, 
    the industrial activities and significant materials for nuclear powered 
    facilities are discussed separately. Unique practices are noted.
        a. Industrial Activities: Fossil Fuel Powered Plants. Steam 
    electric power generation can be divided into four stages. In the first 
    operation, fossil fuel (coal, oil, or natural gas) is burned in a 
    boiler furnace. The evolving heat is used to produce pressurized and 
    superheated steam. This steam is conveyed to the second stage, the 
    turbine, where it gives energy to the rotating blades and, in the 
    process, loses pressure and increases in volume. The rotating blades of 
    the turbine act to drive an electric generator or alternator to convert 
    the imparted mechanical energy into electrical energy. The steam 
    leaving the turbine enters the third state, the condenser, where it is 
    condensed to water. The liberated heat is transferred to a cooling 
    medium which is normally water. Finally, the condensed steam is 
    reintroduced into the boiler by a pump to complete the cycle.
        Features unique to coal-fired plants include coal storage and 
    preparation (transport, beneficiation, pulverization, drying), coal-
    fired boiler, ash handling and disposal systems, and flue gas cleaning, 
    and desulfurization.
        b. Significant Materials: Fossil Fuel Powered Plants. The type of 
    fuel (coal, oil, gas, nuclear) used to fire power plant boilers most 
    directly influences the number of waste streams. The influence comes 
    principally from the effect of fuel on the volume of ash generated. 
    Stations using heavy or residual oils generate fly ash in large 
    quantities and may generate some bottom ash. Stations which burn coal 
    create both fly ash and bottom ash. Bottom ash is the residue which 
    accumulates on the furnace bottom, and fly ash is the lighter material 
    which is carried over in the flue gas stream.
        c. Industrial Activities: Nuclear Powered Plants. Nuclear power 
    plants utilize a cycle similar to that used in fossil fueled power 
    plants except that the source of heat is atomic interactions rather 
    than the combustion of fossil fuel. Water serves as both moderator and 
    coolant as it passes through the nuclear reactor core. In a pressurized 
    water reactor, the heated water then passes through a separate heat 
    exchanger where steam is produced on the secondary side. This steam, 
    which contains radioactive materials, drives the turbines. In a boiling 
    water reactor, steam is generated directly in the reactor core and is 
    then piped directly to the turbine. This arrangement produces some 
    radioactivity in the steam and therefore requires some shielding of the 
    turbine and condenser.
        d. Significant Materials: Nuclear Powered Plants. Few if any 
    significant materials are exposed to storm water at nuclear powered 
    steam electric facilities. Materials that are potentially exposed do 
    not involve steam electric generating equipment, raw materials, or 
    waste products. The materials that are exposed to storm water are 
    office wastes and ground maintenance equipment and tools.
    2. Pollutants in Storm Water Discharges Associated With Steam Electric 
    Power Generating Facilities
        Steam electric generating facilities are subject to effluent 
    limitations guidelines that limit the number and variety of 
    
    [[Page 50972]]
    industrial activities that are included in the storm water program. 
    Pollutants may be present in storm water as a result of outdoor 
    activities associated with steam electric power generating facilities 
    such as: material handling and transport operations; waste disposal; 
    and deposition of airborne particulate matter. In addition, sources of 
    pollutants other than storm water, such as illicit connections,92 
    spills, and other improperly dumped materials, may increase the 
    pollutant loadings discharged into waters of the United States.
    
        \92\ Illicit connections are contributions of unpermitted non-
    storm water discharges to storm sewers from any of a number of 
    sources including sanitary sewers, industrial facilities, commercial 
    establishments, or residential dwellings. The probability of illicit 
    connections at steam electric facilities is low yet it still may be 
    applicable at some operations.
    ---------------------------------------------------------------------------
    
        Many of the part 2 group application data submittals did not 
    identify individual site characteristics or sources of storm water 
    pollutants which may be responsible for pollutant loadings. In 
    addition, because the industry has been moving toward combined fuel 
    generating facilities, the part 2 sampling data was reviewed in the 
    aggregate.
        Table O-1 lists potential pollutant source activities and related 
    pollutants associated with steam electric power generating facilities. 
    The primary and largest potential source of storm water pollutants from 
    fossil-fueled steam electric generating facilities is ash refuse piles.
    
        Table O-1.--Industrial Activities, Pollutant Sources, and Pollutants for Steam Electric Power Generating    
                                                       Facilities                                                   
    ----------------------------------------------------------------------------------------------------------------
                  Activity                          Pollutant source                          Pollutant             
    ----------------------------------------------------------------------------------------------------------------
    Above Ground Liquid Storage Tank....  External corrosion and structural     Fuel, oil, heavy metals, ammonia,   
                                           failure.                              chlorine, sulfuric acid, sodium    
                                                                                 hydroxide, and other materials     
                                                                                 being stored.                      
                                          Installation problems...............  Fuel, oil, heavy metals, ammonia,   
                                                                                 chlorine, sulfuric acid, sodium    
                                                                                 hydroxide, and other materials     
                                                                                 being stored.                      
                                          Spills due to operator error........  Fuel, oil, heavy metals, ammonia,   
                                                                                 chlorine, sulfuric acid, sodium    
                                                                                 hydroxide, and other materials     
                                                                                 being stored.                      
                                          Failure of piping systems...........  Fuel, oil, heavy metals, ammonia,   
                                                                                 chlorine, sulfuric acid, sodium    
                                                                                 hydroxide, and other materials     
                                                                                 being stored.                      
                                          Leaks or spills during pumping of     Fuel, oil, heavy metals, ammonia,   
                                           liquids from barges, trucks, rail     chlorine, sulfuric acid, sodium    
                                           cars to a storage facility.           hydroxide, and other materials     
                                                                                 being stored.                      
    Vehicle and Equipment Maintenance...  Parts cleaning......................  Oil, heavy metals, chlorinated      
                                                                                 solvents, acid/alkaline wastes,    
                                                                                 ethylene glycol.                   
                                          Spills of oil, degreasers, hydraulic  Oil, arsenic, heavy metals,         
                                           fluids, transmission fluid,           organics, chlorinated solvents,    
                                           radiator fluids.                      ethylene glycol.                   
                                          Fluids replacement..................  Oil, arsenic, heavy metals,         
                                                                                 organics, fuel.                    
    Fueling Operations..................  Spills & leaks during fuel delivery.  Fuel, oil, heavy metals.            
                                          Spills caused by ``topping off''      Fuel, oil, heavy metals.            
                                           fuel tanks.                                                              
                                          Leaking storage tanks...............  Fuel, oil, heavy metals.            
                                          Allowing rainfall on the fuel area    Fuel, oil, heavy metals.            
                                           or storm water to run onto the fuel                                      
                                           area.                                                                    
    Coal Handling Areas.................  Fugitive dust emissions from coal     Suspended solids, copper, iron,     
                                           handling.                             aluminum, nickel, and trace metals.
                                          Spills during delivery..............  Suspended solids, copper, iron,     
                                                                                 aluminum, nickel, and trace metals.
                                          Offsite tracking of coal dust.......  Suspended solids, copper, iron,     
                                                                                 aluminum, nickel, and trace metals.
    Ash Handling Areas, Ash Landfills...  Spills during transfer of ash to      Suspended solids, chromium, copper, 
                                           landfills.                            iron, zinc, oil and grease,        
                                                                                 aluminum.                          
                                          Offsite tracking of ash.............  Suspended solids, chromium, copper, 
                                                                                 iron, zinc, oil and grease,        
                                                                                 aluminum.                          
    Scrapyards, Refuse Sites............  Discarded material..................  Fuel, oils, heavy metals.           
    ----------------------------------------------------------------------------------------------------------------
    
        The ash composition from oil, on a weight percent basis, is much 
    lower than that of coal. Oil ash rarely exceeds 0.3 percent of the 
    input oil whereas coal ash comprises from 3 to 30 percent of the coal. 
    In general, the ash content increases with increasing asphaltic 
    constituents in which the sulfur acts largely as a bridge between 
    aromatic rings.
        The many elements which may appear in oil ash deposits include 
    vanadium, sodium, and sulfur. Compounds containing these elements are 
    found in almost every deposit in boilers fired by residual fuel oil and 
    often constitute the major portion of these deposits. Oil ash, 
    especially from plants using Venezuelan and certain Middle Eastern oil 
    can contain significant amounts of nickel.
        Some of the ash-forming constituents in the crude oil had their 
    origin in animal and vegetable matter from which the oil was derived. 
    The remainder is extraneous material resulting from contact of the 
    crude oil with rock structures and salt brines or picked up during 
    refining processes, storage, and transportation. Vanadium, iron, 
    sodium, nickel, and calcium in fuel oil are common in rock strata, but 
    elements including vanadium, nickel, zinc, and copper are believed to 
    come from organic matter from which the petroleum was created. 
    
    [[Page 50973]]
    
        The ash residue resulting from the combustion of coal is primarily 
    derived from the inorganic matter in the coal. The chemical composition 
    of dry bottom ash and fly ash are quite similar. The major constituents 
    present in coal ash are silica, alumina, ferric oxide, calcium oxide, 
    magnesium oxide, and minor amounts of sodium and potassium oxides. 
    Other parameters which may be present include sulfur trioxide, carbon, 
    boron, phosphorus, uranium, and thorium. The concentration differences 
    can vary considerably from one site to another.93
    
        \93\ EPA. Effluent Guidelines Division. ``Development Document 
    for Effluent Limitations Guidelines and Standards for the Steam 
    Electric Point Source Category.'' September 1980. (EPA 440/1-80/029-
    b). Page 131.
    ---------------------------------------------------------------------------
    
        When conducting their data analysis for their 1980 Development 
    Document, the U.S. Environmental Protection Agency (EPA) found that 
    there was no correlation between arsenic, nickel, zinc, copper, and 
    selenium and total suspended solids, whenever their value was 30 mg/L 
    or less.94
    
        \94\ EPA. Effluent Guidelines Division. ``Development Document 
    for Effluent Limitations Guidelines and Standards for the Steam 
    Electric Point Source Category.'' September 1980. (EPA 440/1-80/029-
    b). Page 138.
    ---------------------------------------------------------------------------
    
        The quality of storm water runoff from coal handling areas is 
    dependent on pH, as pH influences the release of toxic and heavy 
    metals. Suspended solids levels result when storm water suspends coal 
    particulates. Most of the total dissolved solids concentrations are a 
    consequence of enhanced pyritic oxidation.
        Storm water runoff from exposed sources of coal tends to be of an 
    acid nature, primarily as a result of the oxidation of iron sulfide in 
    the presence of oxygen and water.95 The presence of certain 
    acidophilic, chemoautotrophic bacteria, and a pH of 2.0 to 4.5 
    generally indicates storm water runoff high in iron, manganese, and 
    total dissolved solids.96
    
        \95\ EPA. Effluent Guidelines Division. ``Development Document 
    for Effluent Limitations Guidelines and Standards for the Steam 
    Electric Point Source Category.'' September 1980. (EPA 440/1-80/029-
    b). Page 138.
        \96\ EPA. Effluent Guidelines Division. ``Development Document 
    for Effluent Limitations Guidelines and Standards for the Steam 
    Electric Point Source Category.'' September 1980. (EPA 440/1-80/029-
    b). Page 138.
    ---------------------------------------------------------------------------
    
        Based on the similarities of the facilities included in this sector 
    in terms of industrial activities and significant materials, EPA 
    believes it is appropriate to discuss the potential pollutants at steam 
    electric power generating facilities as a whole and not subdivide this 
    sector. Therefore, Table O-2 lists data for selected parameters from 
    facilities in the steam electric power generating sector. These data 
    include the eight pollutants that all facilities were required to 
    monitor for under Form 2F, as well as the pollutants that EPA has 
    determined may merit further monitoring.
    
                                Table O-2.--Statistics for Selected Pollutants Reported by Steam Electric Generating Facilities Submitting Part II Sampling Data i (mg/L)                           
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       # of Facilities    # of Samples          Mean             Minimum           Maximum           Median        95th Percentile   99th Percentile
                 Pollutant, Sample type              -----------------------------------------------------------------------------------------------------------------------------------------------
                                                        Grab     Comp     Grab     Comp     Grab     Comp     Grab     Comp     Grab     Comp     Grab     Comp     Grab     Comp     Grab     Comp 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5............................................       29       33       78       80      5.8      5.7      0.0      0.0     45.0     37.0      4.3      4.0     20.3     16.8     38.4     29.5
    COD.............................................       30       33       78       79    102.5     68.7      0.0      0.0   1410.0    540.0     32.5     39.0    332.8    188.3    739.8    333.6
    Nitrate + Nitrite Nitrogen......................       30       33       78       79     5.47     0.73     0.00     0.00   350.00     3.90     0.36     0.41     4.34     2.41    11.17     4.66
    Total Kjeldahl Nitrogen.........................       30       33       78       80     2.36     1.90     0.00     0.00    22.30     19.1     1.20     0.99     7.35     5.37    14.95    10.26
    Oil & Grease....................................       34      N/A       90      N/A      1.4      N/A      0.0      N/A     20.0      N/A      0.0      N/A      7.3      N/A     19.5      N/A
    pH..............................................       30      N/A       72      N/A      N/A      N/A      3.8      N/A      9.0      N/A      7.4      N/A      8.9      N/A      9.7      N/A
    Total Phosphorus................................       30       33       77       80     0.81     0.65     0.00     0.00     6.00     7.20     0.30     0.28     3.56     2.62     9.27     6.45
    Total Suspended Solids..........................       30       33       78       79      504      208        0        0    22790     5554       44       40     1561      967     6077     3292
    Iron, Total.....................................       29       32       67       73      7.0      6.3      0.0      0.0     67.0    191.0      1.8      1.4     34.7     19.9    117.0     58.1
    Zinc, Total.....................................       14       17       33       38    0.300    0.250    0.000    0.000    5.500    4.200     0.07     0.08    1.164    0.725    3.389   1.607 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    iiComposite samples.                                                                                                                                                                            
    
    3. Pollutant Control Measures Required Under Other EPA Programs.
        The Agency recognizes that other EPA programs address pollution 
    prevention at steam electric power generating facilities. The Oil 
    Pollution Prevention Program (40 CFR Part 112) has established 
    procedures to prevent the discharge of oil from nontransportation 
    related onshore and offshore facilities. This program requires owners 
    or operators of onshore and offshore facilities to prepare a Spill 
    Prevention Control and Countermeasure Plan (SPCC Plan) for their 
    facility if they could reasonably be expected to discharge oil, into or 
    upon the navigable waters of the United States or adjoining shorelines, 
    in quantities that violate applicable water quality standards, or cause 
    a film or sheen upon or discoloration of the surface of the water or 
    adjoining shorelines or cause a sludge or emulsion to be deposited 
    beneath the surface of the water or upon adjoining shorelines. 
    Guidelines for the preparation and implementation of a Spill Prevention 
    Control and Countermeasure Plan can be found at 40 CFR 112.7.
        Under the Resource Conservation and Recovery Act (RCRA) specific 
    requirements have been established which address generators of 
    hazardous wastes. Regulations have been developed which address the 
    accumulation of hazardous waste onsite prior to transport to a 
    hazardous waste disposal facility. These regulations address proper 
    storage of hazardous wastes, emergency planning, and training personnel 
    in proper handling procedures for hazardous wastes.
    4. Storm Water Pollution Prevention Plan Requirements
        The conditions that apply to steam electric power generating 
    facilities are based on the requirements set forth in the common permit 
    conditions for storm water discharges from industrial activities 
    discussed in today's fact sheet. The discussion that follows only 
    addresses conditions that differ from those common conditions. There 
    are no additional pollution prevention requirements beyond the common 
    conditions for nuclear powered steam electric generating facilities.
        a. Description of Pollutant Sources. Under the description of 
    pollutant sources in the storm water pollution prevention plan 
    requirements, permittees are required to include a site map of the 
    facility. The areas required to be identified on the site map now also 
    include the following: landfills, 
    
    [[Page 50974]]
    treatment ponds, scrap yards, general refuse areas, locations of short 
    and long term storage of general materials, and the location of stock 
    pile areas. EPA believes this is appropriate since these areas may 
    potentially be significant sources of pollutants to storm water. In 
    addition, the site map must also indicate the outfall locations and the 
    types of discharges contained in the drainage areas of the outfalls 
    (e.g., storm water and air conditioner condensate). In order to 
    increase the readability of the map, the inventory of the types of 
    discharges contained in each outfall may be kept as an attachment to 
    the site map.
        b. Measures and Controls. Under the description of measures and 
    controls in the storm water pollution prevention plan requirements, 
    this section requires that all areas that may contribute pollutants to 
    storm water discharges shall be maintained in a clean, orderly manner. 
    This section also requires that the following 15 areas must be 
    specifically addressed:
        (1) Fugitive Dust Emissions. The plan must describe measures that 
    prevent or minimize fugitive dust emissions from coal handling areas. 
    The permittee shall consider establishing procedures to minimize 
    offsite tracking of coal dust. To prevent offsite tracking the facility 
    may consider specially designed tires, or washing vehicles in a 
    designated area before they leave the site, and controlling the wash 
    water.
        (2) Delivery Vehicles. The plan must describe measures that prevent 
    or minimize contamination of storm water runoff from delivery vehicles 
    arriving on the plant site. At a minimum the permittee should consider 
    the following:
        (a) Develop procedures for the inspection of delivery vehicles 
    arriving on the plant site, and ensure overall integrity of the body or 
    container.
        (b) Develop procedures to control leakage or spillage from vehicles 
    or containers, and ensure that proper protective measures are available 
    for personnel and environment.
        (3) Fuel Oil Unloading Areas. The plan must describe measures that 
    prevent or minimize contamination of storm water runoff from fuel oil 
    unloading areas. At a minimum the facility operator must consider using 
    the following measures or an equivalent:
        (a) Use containment curbs in unloading areas.
        (b) During deliveries station personnel familiar with spill 
    prevention and response procedures must be present to ensure that any 
    leaks or spills are immediately contained and cleaned up.
        (c) Use spill and overflow protection (drip pans, drip diapers, 
    and/or other containment devices shall be placed beneath fuel oil 
    connectors to contain any spillage that may occur during deliveries or 
    due to leaks at such connectors).
        (4) Chemical Loading/Unloading Areas. The plan must describe 
    measures that prevent or minimize the contamination of storm water 
    runoff from chemical loading/unloading areas. At a minimum the 
    permittee must consider using the following measures or an equivalent:
        (a) Use containment curbs at chemical loading/unloading areas to 
    contain spills.
        (b) During deliveries station personnel familiar with spill 
    prevention and response procedures must be present to ensure that any 
    leaks or spills are immediately contained and cleaned up.
        Where practicable chemical loading/unloading areas should be 
    covered, and chemicals should be stored indoors.
        (5) Miscellaneous Loading/Unloading Areas. The plan must describe 
    measures that prevent or minimize the contamination of storm water 
    runoff from loading and unloading areas. The facility may consider 
    covering the loading area, minimizing storm water runon to the loading 
    area by grading, berming, or curbing the area around the loading area 
    to direct storm water away from the area, or locate the loading/
    unloading equipment and vehicles so that leaks can be controlled in 
    existing containment and flow diversion systems.
        (6) Liquid Storage Tanks. The plan must describe measures that 
    prevent or minimize contamination of storm water runoff from above 
    ground liquid storage tanks. At a minimum the facility operator must 
    consider employing the following measures or an equivalent:
        (a) Use protective guards around tanks.
        (b) Use containment curbs.
        (c) Use spill and overflow protection (drip pans, drip diapers, 
    and/or other containment devices shall be placed beneath chemical 
    connectors to contain any spillage that may occur during deliveries or 
    due to leaks at such connectors).
        (d) Use dry cleanup methods.
        (7) Large Bulk Fuel Storage Tanks. The plan must describe measures 
    that prevent or minimize contamination of storm water runoff from 
    liquid storage tanks. At a minimum the facility operator must consider 
    employing the following measures or an equivalent:
        (a) Comply with applicable State and Federal laws, including Spill 
    Prevention Control and Countermeasures (SPCC)
        (b) Containment berms.
        (8) The plan must describe measures to reduce the potential for an 
    oil or chemical spill, or reference the appropriate section of their 
    SPCC plan. At a minimum the structural integrity of all above ground 
    tanks, pipelines, pumps and other related equipment shall be visually 
    inspected on a weekly basis. All repairs deemed necessary based on the 
    findings of the inspections shall be completed immediately to reduce 
    the incidence of spills and leaks occurring from such faulty equipment.
        (9) Oil Bearing Equipment in Switchyards. The plan must describe 
    measures to reduce the potential for storm water contamination from oil 
    bearing equipment in switchyard areas. The facility may consider level 
    grades and gravel surfaces to retard flows and limit the spread of 
    spills; collection of storm water runoff in perimeter ditches.
        (10) Residue Hauling Vehicles. All residue hauling vehicles shall 
    be inspected for proper covering over the load, adequate gate sealing 
    and overall integrity of the body or container. Vehicles without load 
    covers or adequate gate sealing, or with poor body or container 
    conditions must be repaired as soon as practicable.
        (11) Ash Loading Areas. Plant procedures shall be established to 
    reduce and/or control the tracking of ash or residue from ash loading 
    areas including, where practicable, requirements to clear the ash 
    building floor and immediately adjacent roadways of spillage, debris 
    and excess water before each loaded vehicle departs.
        (12) Areas Adjacent to Disposal Ponds or Landfills. The plan must 
    describe measures that prevent or minimize contamination of storm water 
    runoff from areas adjacent to disposal ponds or landfills. The facility 
    must develop procedures to:
        (a) Reduce ash residue which may be tracked on to access roads 
    traveled by residue trucks or residue handling vehicles.
        (b) Reduce ash residue on exit roads leading into and out of 
    residue handling areas.
        (13) Landfills, Scrapyards, and General Refuse Sites. The plan must 
    address landfills, scrapyards, and general refuse sites. The permittee 
    is referred to Parts XI.L. and XI.N. of today's permit (Storm Water 
    Discharges From Landfills and Land Application Sites and Scrap and 
    Waste Material Processing and Recycling Facilities, respectively) for 
    applicable Best Management Practices.
        (14) Maintenance Activities. For vehicle maintenance activities 
    
    [[Page 50975]]
        performed on the plant site, the permittee shall consider the 
    applicable Best Management Practices outlined in Part XI.P. of today's 
    permit (Storm Water Discharges From Vehicle Maintenance or Equipment 
    Cleaning Operations at Motor Freight Transportation Facilities, 
    Passenger Transportation Facilities, Petroleum Bulk Oil Stations and 
    Terminals, or the United States Postal Service).
        (15) Material Storage Areas. The plan must describe measures that 
    prevent or minimize contamination of storm water from material storage 
    areas (including areas used for temporary storage of miscellaneous 
    products and construction materials stored in lay down areas). The 
    facility operator may consider flat yard grades, runoff collection in 
    graded swales or ditches, erosion protection measures at steep outfall 
    sites (e.g., concrete chutes, riprap, stilling basins), covering lay 
    down areas, storing the materials indoors, covering the material with a 
    temporary covering made of polyethylene, polyurethane, polypropylene, 
    or hypalon. Storm water runon may be minimized by constructing an 
    enclosure or building a berm around the area.
        Based on information provided in part 1 of the group application 
    process, the management practices applicable to the 15 areas listed 
    above are commonly used at many steam electric power generating 
    facilities. EPA believes that the incorporation of management practices 
    to accomplish the objectives described above, in conjunction with the 
    baseline requirements, will substantially reduce the potential for 
    these activities and areas to significantly contribute to the pollution 
    of storm water discharges. EPA believes that these requirements provide 
    the necessary flexibility to address the variable risk for pollutants 
    in storm water discharges associated with different facilities.
        (c) Inspections. Under the inspection requirements of the storm 
    water pollution prevention plan elements, this section requires that in 
    addition to the comprehensive site evaluation required under Part 
    VIII.C.4. of today's permit, qualified facility personnel shall be 
    identified to inspect designated equipment and areas of the facility on 
    a monthly basis. The following areas shall be included in the 
    inspection: coal handling areas, fueling areas, loading/unloading 
    areas, switchyards, bulk storage areas, ash handling areas, areas 
    adjacent to disposal ponds and landfills, maintenance areas, liquid 
    storage tanks and long term and short term material storage areas. A 
    set of tracking or follow-up procedures shall be used to ensure that 
    appropriate actions are taken in response to the inspections. Records 
    of inspections shall be maintained onsite.
        The purpose of the inspections is to check on the implementation of 
    the storm water pollution prevention plan. The inspections allow 
    facility personnel to monitor the success or failure of elements of the 
    plan on a regular basis.
        d. Employee Training. Steam electric power generating facilities 
    are required to identify periodic training dates in the pollution 
    prevention plan, but in all cases training must be held at least 
    annually. EPA believes that such a frequency is necessary due to the 
    many areas with a high potential for contamination of storm water.
    5. Numeric Effluent Limitations
        Coal pile runoff is subject to the effluent guidelines described in 
    Part V.B of today's permit. However, steam electric generating 
    facilities must comply with the requirement of Part V.B immediately 
    upon permit issuance. Steam electric generating facilities are not 
    permitted to take 3 years to meet this requirement.
    6. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. EPA believes that steam 
    electric power generating facilities may reduce the level of pollutants 
    in storm water runoff from their sites through the development and 
    proper implementation of the storm water pollution prevention plan 
    requirements discussed in today's permit. In order to provide a tool 
    for evaluating the effectiveness of the pollution prevention plan and 
    to characterize the discharge for potential environmental impacts, the 
    permit requires steam electric power generating facilities to collect 
    and analyze samples of their storm water discharges for the pollutant 
    listed in Table O-3. The pollutant listed in Table O-3 was found to be 
    above levels of concern for a significant portion of steam electric 
    power generating facilities that submitted quantitative data in the 
    group application process. Because this pollutant has been reported at 
    or above levels of concern from steam electric power generating 
    facilities, EPA is requiring monitoring after the pollution prevention 
    plan has been implemented to assess the effectiveness of the pollution 
    prevention plan and to help ensure that a reduction of pollutants is 
    realized.
        Under the Storm Water Regulations at 40 CFR 122.26(b)(14), EPA 
    defined ``storm water discharge associated with industrial activity''. 
    The focus of today's permit is to address the presence of pollutants 
    that are associated with the industrial activities identified in this 
    definition and that might be found in storm water discharges. Under the 
    methodology for determining analytical monitoring requirements, 
    described in section VI.E.1 of this fact sheet, zinc is above the bench 
    mark concentrations for the steam electric generating facilities 
    sector. After a review of the nature of industrial activities and the 
    significant materials exposed to storm water described by facilities in 
    this sector, EPA has determined that the higher concentrations of zinc 
    are not likely to be caused by the industrial activity, but may be 
    primarily due to non-industrial activities on-site. Today's permit does 
    not require steam electric generating facilities to conduct analytical 
    monitoring for this parameter.
        At a minimum, storm water discharges from steam electric power 
    generating facilities must be monitored quarterly during the second 
    year of permit coverage. Samples must be collected at least once in 
    each of the following periods: January through March; April through 
    June; July through September; and October through December. At the end 
    of the second year of permit coverage, a facility must calculate the 
    average concentration for each parameter listed in Table O-3. If the 
    permittee collects more than four samples in this period, then they 
    must calculate an average concentration for each pollutant of concern 
    for all samples analyzed.
    
     Table O-3.--Monitoring Requirements for Steam Electric Power Generating
                                   Facilities                               
    ------------------------------------------------------------------------
                  Pollutant of concern                 Cut-Off concentration
    ------------------------------------------------------------------------
    Total Recoverable Iron..........................  1.0 mg/L              
    ------------------------------------------------------------------------
    
        If the average concentration for a parameter is less than or equal 
    to the value listed in Table O-3, then the permittee is not required to 
    conduct quantitative analysis for that parameter during the fourth year 
    of the permit. If, however, the average concentration for a parameter 
    is greater than the cut-off concentration listed in Table O-3, then the 
    permittee is required to conduct quarterly monitoring for that 
    parameter during the fourth year of permit coverage. Monitoring is not 
    required during the first, third, and fifth year of the permit. The 
    exclusion from monitoring in the fourth year of the permit is 
    conditional on the facility maintaining industrial operations and BMPs 
    that will ensure a quality of storm 
    
    [[Page 50976]]
    water discharges consistent with the average concentrations recorded 
    during the second year of the permit.
    
                                           Table O-5.--Schedule of Monitoring                                       
                                                                                                                    
                                                                                                                    
    2nd Year of Permit Coverage..........................   conduct quarterly monitoring.                   
                                                            calculate the average concentration for all     
                                                            parameters analyzed during this period.                 
                                                            if average concentration is greater than the    
                                                            value listed in Table O-3, then quarterly sampling is   
                                                            required during the fourth year of the permit.          
                                                            if average concentration is less than or equal  
                                                            to the value listed in Table O-3, then no further       
                                                            sampling is required for that parameter.                
    4th Year of Permit Coverage..........................   conduct quarterly monitoring for any parameter  
                                                            where the average concentration in year two of the      
                                                            permit is greater than the value listed in Table O-3.   
                                                            if industrial activities or the pollution       
                                                            prevention plan have been altered such that storm water 
                                                            discharges may be adversely affected, quarterly         
                                                            monitoring is required for all parameters of concern.   
    
        In cases where the average concentration of a parameter exceeds the 
    cut-off concentration, EPA expects permittees to place special emphasis 
    on methods for reducing the presence of those parameters in storm water 
    discharges. Quarterly monitoring in the fourth year of the permit will 
    reassess the effectiveness of the adjusted pollution prevention plan.
        The monitoring cut off concentrations listed in Table O-3 are not 
    numerical effluent limitations. These values represent a level of 
    pollutant discharge which facilities may achieve through the 
    implementation of pollution prevention plans. At least half of the 
    facilities which submitted Part 2 data, reported concentrations greater 
    than or equal to the values listed in Table O-3. Facilities which 
    achieve average discharge concentrations which are less than or equal 
    to the values in Table O-3 are not relieved from the pollution 
    prevention plan requirements or any other requirements of the permit.
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly chemical sampling.
        b. Alternative Certification. Throughout today's permit, EPA has 
    included monitoring requirements for facilities which the Agency 
    believes have the potential for contributing significant levels of 
    pollutants to storm water discharges. The alternative described below 
    is necessary to ensure that monitoring requirements are only imposed on 
    those facilities which do, in fact, have storm water discharges 
    containing pollutants at concentrations of concern. EPA has determined 
    that if materials and activities are not exposed to storm water at the 
    site then the potential for pollutants to contaminate storm water 
    discharges does not warrant monitoring.
        Therefore, a discharger is not subject to the monitoring 
    requirements of this Part provided the discharger makes a certification 
    for a given outfall, or on a pollutant-by-pollutant basis in lieu of 
    the monitoring reports required under paragraph c. below, under penalty 
    of law, signed in accordance with Part VII.G. (Signatory Requirements), 
    that material handling equipment or activities, raw materials, 
    intermediate products, final products, waste materials, by-products, 
    industrial machinery or operations, significant materials from past 
    industrial activity that are located in areas of the facility that are 
    within the drainage area of the outfall are not presently exposed to 
    storm water and will not be exposed to storm water for the 
    certification period. Such certification must be retained in the storm 
    water pollution prevention plan, and submitted to EPA in accordance 
    with Part VI.C. of this permit. In the case of certifying that a 
    pollutant is not present, the permittee must submit the certification 
    along with the monitoring reports required under paragraph c. below. If 
    the permittee cannot certify for an entire period, they must submit the 
    date exposure was eliminated and any monitoring required up until that 
    date. This certification option is not applicable to compliance 
    monitoring requirements associated with effluent limitations. EPA does 
    not expect facilities to be able to exercise this certification for 
    indicator parameters, such as TSS and BOD.
        c. Reporting Requirements. Permittees are required to submit all 
    monitoring results obtained during the second and fourth year of permit 
    coverage within three months of the conclusion of each year. For each 
    outfall, one signed Discharge Monitoring Report form must be submitted 
    to the Director per storm event sampled. For facilities conducting 
    monitoring beyond the minimum requirements an additional Discharge 
    Monitoring Report Form must be filed for each analysis.
        d. Sample Type. All discharge data shall be reported for grab 
    samples. All such samples shall be collected from the discharge 
    resulting from a storm event that is greater than 0.1 inches in 
    magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. The required 
    72-hour storm event interval is waived where the preceding measurable 
    storm event did not result in a measurable discharge from the facility. 
    The required 72-hour storm event interval may also be waived where the 
    permittee documents that less than a 72-hour interval is representative 
    for local storm events during the season when sampling is being 
    conducted. The grab sample shall be taken during the first thirty 
    minutes of the discharge. If the collection of a grab sample during the 
    first thirty minutes is impracticable, a grab sample can be taken 
    during the first hour of the discharge, and the discharger shall submit 
    with the monitoring report a description of why a grab sample during 
    the first thirty minutes was impracticable.
        If storm water discharges associated with industrial activity 
    commingle with process or non-process water, then where practicable 
    permittees must attempt to sample the storm water discharge before it 
    mixes with the non-storm water discharge.
        e. Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfalls provided that the 
    permittee 
    
    [[Page 50977]]
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explaining in detail why the outfalls 
    are expected to discharge substantially identical effluent. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    (e.g., low (under 40 percent), medium (40 to 65 percent) or high (above 
    65 percent)) shall be provided in the plan.
        f. Compliance Monitoring Requirements. Today's permit requires 
    permittees with coal pile runoff associated with steam electric power 
    generation to monitor for the presence of total suspended solids and pH 
    at least annually. These monitoring requirements are necessary to 
    evaluate compliance with the numeric effluent limitation imposed on 
    these discharges. Monitoring shall be performed upon a minimum of one 
    grab sample. All samples shall be collected from the discharge 
    resulting from a storm event that is greater than 0.1 inches in 
    magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. The grab 
    sample shall be taken during the first 30 minutes of the discharge. If 
    the collection of a grab sample during the first 30 minutes is 
    impracticable, a grab sample can be taken during the first hour of the 
    discharge, and the discharger shall submit with the monitoring report a 
    description of why a grab sample during the first 30 minutes was 
    impracticable. Monitoring results shall be submitted on Discharge 
    Monitoring Report Form(s) postmarked no later than the last day of the 
    month following collection of the sample. For each outfall, one 
    Discharge Monitoring Report from must be submitted per storm event 
    sampled. Facilities which discharge through a large or medium municipal 
    separate storm sewer system (systems serving a population of 100,000 or 
    more) must also submit signed copies of discharge monitoring reports to 
    the operator of the municipal separate storm sewer system. Alternative 
    Certification provisions described in Section XI.O.5 do not apply to 
    facilities subject to compliance monitoring requirements in this 
    section. Compliance monitoring is required at least annually for 
    discharges subject to effluent limitations. Therefore, EPA cannot 
    permit a facility to waive compliance monitoring.
        g. Quarterly Visual Examination of Storm Water Quality. Quarterly 
    visual examinations of storm water discharges from each outfall are 
    required at steam electric generating facilities. The examination must 
    be of a grab sample collected from each storm water outfall. The 
    examination of storm water grab samples shall include any observations 
    of color, odor, clarity, floating solids, settled solids, suspended 
    solids, foam, oil sheen, or other obvious indicators of storm water 
    pollution. The examination must be conducted in a well lit area. No 
    analytical tests are required to be performed on these samples.
        The examination must be made at least once in each quarter of the 
    permit during daylight unless there is insufficient rainfall or snow-
    melt to runoff. Where practicable, the same individual should carry out 
    the collection and examination of discharges throughout the life of the 
    permit to ensure the greatest degree of consistency possible. Grab 
    samples shall be collected within the first 30 minutes (or as soon 
    thereafter as practical, but not to exceed 60 minutes) of when the 
    runoff begins discharging. Reports of the visual examination include: 
    the examination date and time, examination personnel, visual quality of 
    the storm water discharge, and probable sources of any observed storm 
    water contamination. The visual examination reports must be maintained 
    onsite with the pollution prevention plan.
        EPA believes that this quick and simple assessment will allow the 
    permittee to approximate the effectiveness of his/her plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the chemical properties of the storm water discharged from the 
    site, the examination will provide meaningful results upon which the 
    facility may act quickly. The frequency of this visual examination will 
    also allow for timely adjustments to be made to the plan. If BMPs are 
    performing ineffectively, corrective action must be implemented. A set 
    of tracking or follow-up procedures must be used to ensure that 
    appropriate actions are taken in response to the examinations. The 
    visual examination is intended to be performed by members of the 
    pollution prevention team. This hands on examination will enhance the 
    staff's understanding of the storm water problems on that site and 
    effects on the management practices that are included in the plan.
        When a discharger is unable to collect samples over the course of 
    the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examinations. Adverse weather conditions which 
    may prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly visual examination.
    
     P. Storm Water Discharges Associated With Industrial Activity From 
    Motor Freight Transportation Facilities, Passenger Transportation 
    Facilities, Petroleum Bulk Oil Stations and Terminals, Rail 
    Transportation Facilities, and United States Postal Service 
    Transportation Facilities
    
    1. Discharges Covered Under This Section
        Special conditions have been developed for ground transportation 
    facilities and rail transportation facilities that have vehicle and 
    equipment maintenance shops (vehicle and equipment rehabilitation, 
    mechanical repairs, painting, fueling and lubrication) and equipment 
    cleaning operations. Vehicle and equipment maintenance is a broad term 
    used to include the following activities: vehicle and equipment fluid 
    changes, mechanical repairs, parts cleaning, sanding, refinishing, 
    painting, fueling, locomotive sanding (loading sand for traction), 
    storage of vehicles and equipment waiting for repair or maintenance, 
    and storage of the related materials and waste materials, such as oil, 
    fuel, batteries, tires, or oil filters. Equipment cleaning operations 
    include areas where the following types of activities take place: 
    vehicle exterior wash down, interior trailer washouts, tank washouts, 
    and rinsing of transfer equipment. Any storm water discharges from 
    facilities where such activities take place are subject to the special 
    conditions described in Part XI.P. of today's permit.
        The conditions in this section apply to storm water discharges from 
    vehicle and equipment maintenance shops or cleaning operations located 
    on any of the industrial facilities covered under the storm water 
    application regulations (40 CFR 122.26) and applying for coverage under 
    this permit. 
    
    [[Page 50978]]
    
        As background, the storm water application regulations define storm 
    water discharge associated with industrial activity at 40 CFR 
    122.26(b)(14). Category (viii) of this definition includes 
    transportation facilities classified as Standard Industrial 
    Classification (SIC) codes 40, 41, 42 (except 4221-25), 43, 44, 45, and 
    5171 that have vehicle and equipment maintenance shops, equipment 
    cleaning operations, or airport deicing operations. The category 
    further states that only those portions of the facility that are either 
    involved in vehicle and equipment maintenance (including vehicle and 
    equipment rehabilitation, mechanical repairs, painting, fueling, and 
    lubrication), equipment cleaning operations, or airport deicing 
    operations are associated with industrial activity. The facilities that 
    would potentially be covered by this section of today's permit are 
    transportation facilities (commonly assigned SIC codes 40, 41, 42, 43, 
    and 5171).
        This sector includes facilities primarily engaged in furnishing 
    transportation by line-haul railroad, and switching and terminal 
    establishments (SIC code 40). The following are examples of these types 
    of facilities: electric railroad line-haul operation, railroad line-
    haul operation, interurban railways, beltline railroads, logging 
    railroads, railroad terminals, and stations operated by railroad 
    terminal companies.
        Facilities primarily engaged in furnishing local and suburban 
    transportation (SIC code 41), such as those providing transportation in 
    and around a municipality by bus, rail, or subway are also covered 
    under this section. Examples include: bus line operation, airport 
    transportation service (road or rail), cable car operation, subway 
    operation, ambulance service, sightseeing buses, van pool operation, 
    limousine rental with drivers, taxicab operation, and school buses not 
    operated by the educational institution.
        In addition, facilities providing local or long-distance trucking, 
    transfer, and/or storage services (SIC code 42) are included in this 
    sector. The following are examples of such facilities: hauling by dump 
    truck, trucking timber, contract mail carriers, furniture moving, 
    garbage collection without disposal, over-the-road trucking, long 
    distance trucking, and freight trucking terminal.
        All establishments of the United States Postal Service (SIC code 
    43) and establishments engaged in the wholesale distribution of crude 
    petroleum and petroleum products from bulk liquid storage facilities 
    (SIC code 5171) are also covered under this sector.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
    2. Pollutants Found in Storm Water Discharges From Vehicle and 
    Equipment Maintenance and Cleaning Operations
        The following table lists potential pollutant source activities 
    that commonly take place at vehicle and equipment maintenance and 
    equipment cleaning operations.
    
      Table P-1.--Potential Pollutant Source Activities at Vehicle and Equipment Maintenance and Equipment Cleaning 
                                                       Operations                                                   
    ----------------------------------------------------------------------------------------------------------------
                  Activity                          Pollutant source                          Pollutant             
    ----------------------------------------------------------------------------------------------------------------
    Fueling.............................  Spills and leaks during fuel          Fuel, oil, heavy metals.            
                                           delivery.                                                                
                                          Spills caused by ``topping off''      Fuel, oil, heavy metals.            
                                           fuel tanks.                                                              
                                          Rainfall falling on the fuel area or  Fuel, oil, heavy metals.            
                                           storm water running onto the fuel                                        
                                           area.                                                                    
                                          Hosing or washing down fuel area....  Fuel, oil, heavy metals.            
                                          Leaking storage tanks...............  Fuel, oil, heavy metals.            
    Vehicle and equipment maintenance...  Parts cleaning......................  Chlorinated solvents, oil, heavy    
                                                                                 metals, acid/alkaline wastes.      
                                          Waste disposal of greasy rags, oil    Oil, heavy metals, chlorinated      
                                           filters, air filters, batteries,      solvents, acid/alkaline wastes,    
                                           hydraulic fluids, transmission        ethylene glycol.                   
                                           fluid, radiator fluids, degreasers.                                      
                                          Spills of oil, degreasers, hydraulic  Oil, arsenic, heavy metals,         
                                           fluids, transmission fluid,           organics, chlorinated solvents,    
                                           radiator fluids.                      ethylene glycol.                   
                                          Fluids replacement, including oil,    Oil, arsenic, heavy metals,         
                                           hydraulic fluids, transmission        organics, chlorinated solvents,    
                                           fluid, radiator fluids.               ethylene glycol.                   
    Outdoor vehicle and equipment         Leaking vehicle fluids including      Oil, hydraulic fluids, arsenic,     
     storage and parking.                  hydraulic lines and radiators,        heavy metals, organics, fuel.      
                                           leaking or improperly maintained                                         
                                           locomotive on-board drip collection                                      
                                           systems, brake dust..                                                    
    Painting areas......................  Paint and paint thinner spills......  Paint, spent chlorinated solvents,  
                                                                                 heavy metals.                      
                                          Spray painting......................  Paint solids, heavy metals.         
                                          Sanding or paint stripping..........  Dust, paint solids, heavy metals.   
                                          Paint clean-up......................  Paint, spent chlorinated solvents,  
                                                                                 heavy metals.                      
    Railroad locomotive sanding.........  Loading traction sand on locomotives  Sediment.                           
    Vehicle or equipment washing areas..  Washing or steam cleaning...........  Oil, detergents, heavy metals,      
                                                                                 chlorinated solvents, phosphorus,  
                                                                                 salts, suspended solids.           
    Liquid storage in above ground        External corrosion and structural     Fuel, oil, heavy metals, materials  
     storage.                              failure.                              being stored.                      
                                          Installation problems...............  Fuel, oil, heavy metals, materials  
                                                                                 being stored.                      
                                          Spills and overfills due to operator  Fuel, oil, heavy metals, materials  
                                           error.                                being stored.                      
                                          Failure of piping systems (pipes,     Fuel, oil, heavy metals, materials  
                                           pumps, flanges, couplings, hoses,     being stored                       
                                           and valves).                                                             
    
    [[Page 50979]]
                                                                                                                    
                                          Leaks or spills during pumping of     Fuel, oil, heavy metals, materials  
                                           liquids from barges, trucks, or       being stored.                      
                                           rail cars to a storage facility.                                         
    Cold weather activities.............  Salt application....................  Sodium chloride.                    
                                          Dirt/ash application................  Suspended solids, heavy metals      
    Improper connections to storm sewer.  Process wastewater..................  Dependent on operations.            
                                          Sanitary water......................  Bacteria, biochemical oxygen demand 
                                                                                 (BOD), suspended solids.           
                                          Floor drains........................  Oil, heavy metals, chlorinated      
                                                                                 solvents, fuel, ethylene glycol.   
                                          Vehicle washwaters..................  Oil, detergents, metals, chlorinated
                                                                                 solvents, phosphorus, suspended    
                                                                                 solids.                            
                                          Radiator flushing wastewater........  Ethylene glycol.                    
                                          Leaky underground storage tanks.....  Materials stored or previously      
                                                                                 stored.                            
    ----------------------------------------------------------------------------------------------------------------
    Sources: EPA, Office of Research and Development. October 1991. ``Guides to Pollution Prevention--The Automotive
      Refinishing Industry.'' EPA/625/7-91/016.                                                                     
    EPA, Office of Research and Development. October 1991. ``Guides to Pollution Prevention--The Automotive Repair  
      Industry.'' EPA/625/7-91/013.                                                                                 
    EPA, Office of Research and Development. May 1992. ``Facility Pollution Prevention Guide.'' EPA/600/R-92/088.   
    EPA, Office of Water. September 1992. ``Storm Water Management for Industrial Activities--Developing Pollution  
      Prevention Plans and Best Management Practices.'' EPA 832-R-92-006.                                           
    U.S. Postal Service. May 1992. ``NPDES/Storm Water Guide.'' AS-554.                                             
    
    
        Based on the wide variety of industrial activities and significant 
    materials at the facilities included in this sector, EPA believes it is 
    appropriate to divide the land transportation industry into subsectors 
    to properly analyze sampling data and determine monitoring 
    requirements. As a result, this sector has been divided into the 
    following subsectors: railroad transportation; local and highway 
    passenger transportation; motor freight transportation and warehousing; 
    United States Postal Service; and petroleum bulk stations and 
    terminals. The tables below include data for the eight pollutants that 
    all facilities were required to monitor for under Form 2F. The tables 
    also list those parameters that EPA has determined may merit further 
    monitoring.
    
                                 Table P-2.--Statistics for Selected Pollutants Reported by Railroad Transportation Facilities Submitting Part II Sampling Datai (mg/L)                             
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                      # of Facilities    # of Samples            Mean              Minimum             Maximum               Median          95th Percentile       99th Percentile  
           Pollutant, Sample        ----------------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Grab    Compii    Grab     Comp     Grab       Comp     Grab     Comp       Grab        Comp      Grab     Comp       Grab       Comp       Grab       Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5...........................      100       89      141      126    17.3        9.6    0.0        0.0       310.0      155.0       7.0       6.0      51.8       26.8      102.8       44.8  
    COD............................      102       89      143      124   320.0      179.8    0.0        0.0     11800       5470.0     145.0      89.0     879.3      475.3     1848.1      927.8  
    Nitrate + Nitrite Nitrogen.....      103       89      144      124     1.57       1.32   0.00       0.00       19.50      19.00      0.92      0.78      5.66       3.68      12.01       6.76 
    Total Kjeldahl Nitrogen........      103       89      144      124     4.35       3.00   0.00       0.00       72.00      58.00      1.90      1.50     13.63       8.79      29.13      17.39 
    Oil & Grease...................      104      N/A      144      N/A    33.7      N/A      0.0      N/A        3340.0      N/A         0.0     N/A        46.92     N/A        140.26     N/A    
    pH.............................       95      N/A      133      N/A   N/A        N/A      3.6      N/A          10.2      N/A         7.3     N/A         9.2      N/A         10.2      N/A    
    Total Phosphorus...............      103       89      144      124     2.85       1.02   0.00       0.00      180.00      23.00      0.55      0.44      7.05       3.51      19.63       8.19 
    Total Suspended Solids.........      103       89      144      124   474        221      0          0        4680       2620       176        77      2717       1000       9367       2853    
    Lead, Total....................        3        4        4        6     0.088      0.048  0.042      0.012       0.130      0.070     0.09      0.06      0.208      0.151      0.313      0.268
    Zinc, Total....................        3        4        3        5     0.487      0.337  0.140      0.160       0.920      0.510     0.40      0.28      1.756      0.704      3.341      0.995 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
                        Table P-3.--Statistics for Selected Pollutants Reported by Local and Highway Passenger Transportation Facilities Submitting Part II Sampling Datai (mg/L)                   
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        # of      # of Samples         Mean              Minimum             Maximum             Median         95th Percentile     99th Percentile 
                                                     Facilities  -----------------------------------------------------------------------------------------------------------------------------------
                  Pollutant, Sample               ---------------                                                                                                                                   
                                                    Grab  Compii   Grab   Comp    Grab      Comp      Grab     Comp      Grab      Comp      Grab     Comp      Grab      Comp      Grab      Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5.........................................     46      45     50     50     15.9      12.3      0.0       0.0     235.3     104.8      8.5       6.3      46.4      41.3      91.6      85.4 
    COD..........................................     47      45     51     50     51.4      39.2      0.0       0.0     376.0     216.0     18.5      18.4     186.2     123.8     411.4     228.8 
    Nitrate + Nitrite Nitrogen...................     46      43     50     48     14.39      7.66     0.00      0.10    181.40    104.00     1.79      1.30     66.44     28.71    265.35     96.75
    Total Kjeldahl Nitrogen......................     45      44     49     49      4.22      2.37     0.00      0.00     81.26     15.74     1.82      1.20     11.84      8.23     24.12     16.53
    Oil & Grease.................................     53     N/A     59    N/A     47.1     N/A        0.0     N/A       771.0     N/A        6.0     N/A       183.0     N/A       621.6     N/A   
    pH...........................................     52     N/A     58    N/A    N/A       N/A        4.7     N/A         9.4     N/A        7.0     N/A         8.8     N/A         9.7     N/A   
    Total Phosphorus.............................     47      45     52     50      0.92      0.65     0.00      0.00      7.50      7.00     0.33      0.33      3.40      2.32      8.20      5.12
    Total Suspended Solids.......................     46      46     50     51    246       134        0         0      2320       802       70        41      1319       725      4590     2397    
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
                                                                                                                                                                                                    
    
    [[Page 50980]]
                       Table P-4.--Statistics for Selected Pollutants Reported by Motor Freight Transportation and Warehousing Facilities Submitting Part II Sampling Datai (mg/L)                  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                # of          # of             Mean               Minimum             Maximum               Median           95th Percentile       99th Percentile  
                                             Facilities     Samples   ------------------------------------------------------------------------------------------------------------------------------
               Pollutant, Sample           ---------------------------                                                                                                                              
                                            Grab  Compii  Grab   Comp     Grab       Comp     Grab     Comp       Grab       Comp       Grab      Comp       Grab       Comp       Grab       Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5..................................   183     159   237    212     16.5        9.1    0.0        0.0      510.0        66.0       7.0        5.5      48.9       27.4      100.2       49.6  
    COD...................................   185     158   242    210    146.1       82.0    0.0        0.0     1800.0       600.0      79.0       50.5     475.6      253.8      968.6      479.8  
    Nitrate + Nitrite Nitrogen............   179     159   234    210      1.47       1.30   0.00       0.00      90.80       60.50      0.61       0.49      3.86       3.63       8.21       8.16 
    Total Kjeldahl Nitrogen...............   185     159   242    211      2.25       1.46   0.00       0.00      24.00       15.00      1.40       1.10      6.73       4.23      12.70       7.39 
    Oil & Grease..........................   188     N/A   245    N/A     14.0      N/A      0.0      N/A       1340.0       N/A         2.8      N/A        37.8      N/A         95.1      N/A    
    pH....................................   161     N/A   215    N/A    N/A        N/A      2.6      N/A          9.5       N/A         7.3      N/A         9.6      N/A         11        N/A    
    Total Phosphorus......................   184     157   238    208      1.09       0.61   0.00       0.00      37.40        6.80      0.32       0.29      3.64       2.16       9.30       4.72 
    Total Suspended Solids................   185     158   242    210    466        360      0          0       4700       20900       159         90      2638       1448       9012       4615    
    Zinc, Total...........................     7       5     7      5      0.294      0.159  0.031      0.020      1.100       0.370     0.17       0.08      1.111      0.680      2.434      1.496 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
    
                               Table P-5.--Statistics for Selected Pollutants Reported by United States Postal Service Facilities Submitting Part II Sampling Datai (mg/L)                          
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      # of          # of             Mean               Minimum             Maximum             Median        95th Percentile      99th Percentile  
                                                   Facilities     Samples   ------------------------------------------------------------------------------------------------------------------------
                  Pollutant, Sample              ---------------------------                                                                                                                        
                                                  Grab  Compii  Grab   Comp     Grab       Comp     Grab      Comp      Grab       Comp     Grab    Comp      Grab       Comp      Grab       Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5........................................    16      16    22     22      8.1        9.2     0.0        0.0      25.0       62.0     5.5       4.8     22.6       25.2      38.0       44.5  
    COD.........................................    16      16    22     22     51.4       33.8     5.6        0.0     350.0      190.0    26.5      19.5    148.2       95.5     291.5      167.6  
    Nitrate + Nitrite Nitrogen..................    16      16    22     22      0.52       0.75    0.11       0.07      1.30       1.80    0.40      0.61     1.47       2.51      2.57       4.81 
    Total Kjeldahl Nitrogen.....................    16      16    22     22      1.80       1.91    0.00       0.00     11.00      11.00    1.05      0.97     5.01       6.08      8.98      12.22 
    Oil & Grease................................    16     N/A    22    N/A      5.4      N/A       0.0      N/A        21.0      N/A       4.4     N/A       16.0      N/A        27.3      N/A    
    pH..........................................    16     N/A    22    N/A    N/A        N/A       0.1      N/A         8.4      N/A       6.7     N/A                 N/A                  N/A    
    Total Phosphorus............................    16      16    22     22      0.46       0.47    0.00       0.00      2.50       3.40    0.28      0.20     1.41       1.79      2.77       4.48 
    Total Suspended Solids......................    15      16    21     22     16         13       0          0        77         86       4         1       88         77       210        254    
    Zinc, Total.................................    14      15    18     18      0.228      0.175   0.000      0.000     1.400      0.660   0.11      0.11     1.870      1.069     6.335      2.896 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
                                Table P-6.--Statistics for Selected Pollutants Reported by Petroleum Bulk Stations and Terminals Submitting Part II Sampling Datai (mg/L)                           
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        # of          # of            Mean               Minimum             Maximum             Median         95th Percentile     99th Percentile 
                                                     Facilities     Samples   ----------------------------------------------------------------------------------------------------------------------
                   Pollutant, Sample               ---------------------------                                                                                                                      
                                                    Grab  Compii  Grab   Comp    Grab      Comp      Grab      Comp      Grab      Comp      Grab     Comp      Grab      Comp      Grab      Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5..........................................    11      10    11     10     27.7      10.2       1.3       0.0     120.0      31.0      8.0       9.0     111.5      26.0     303.4      40.6 
    COD...........................................    11      10    11     10    118.3      75.9      15.0       9.3     390.0     200.0     94.0      60.5     432.7     232.4     900.6     412.4 
    Nitrate + Nitrite Nitrogen....................    11      10    11     10      1.07      0.74      0.00      0.00      5.10      2.90     0.35      0.39      4.83      3.20     13.44      7.51
    Total Kjeldahl Nitrogen.......................    10       9    10      9      2.60      2.02      0.00      0.00      5.80      4.60     2.80      2.00      7.14      4.39     11.47      6.11
    Oil & Grease..................................    11     N/A    11    N/A      8.8     N/A         0.0     N/A        28.0     N/A        5.4     N/A        36.7     N/A        78.5     N/A   
    pH............................................    10     N/A    10    N/A    N/A       N/A         6.0     N/A         9.3     N/A        7.8     N/A         9.6     N/A        10.5     N/A   
    Total Phosphorus..............................    11      10    11     10      0.61      0.45      0.00      0.04      4.60      2.0      0.12      0.27      1.90      1.71      4.82      3.92
    Total Suspended Solids........................    11      10    11     10    253       151         6         0      1090       560      106        93      1612       633      5567     1387    
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    iiComposite samples.                                                                                                                                                                            
    
    3. Options for Controlling Pollutants
        The measures commonly implemented to reduce pollutants in storm 
    water associated with vehicle and equipment maintenance and equipment 
    cleaning operations are generally uncomplicated practices. The 
    following table identifies best management practices (BMPs) associated 
    with different activities that routinely take place at vehicle and 
    equipment maintenance and equipment cleaning operations.
    
      Table P-7.--Common Storm Water Management Controls for Activities at Vehicle and Equipment Maintenance Shops  
    ----------------------------------------------------------------------------------------------------------------
                           Activity                                                   BMPs                          
    ----------------------------------------------------------------------------------------------------------------
    Fueling..............................................  Use spill and overflow protection.                       
                                                           Minimize runon of storm water into the fueling area by   
                                                            grading the area such that storm water only runs off.   
                                                           Reduce exposure of the fuel area to storm water by       
                                                            covering the area.                                      
                                                           Use dry cleanup methods for fuel area rather than hosing 
                                                            the fuel area down.                                     
                                                           Use proper petroleum spill control.                      
                                                           Perform preventive maintenance on storage tanks to detect
                                                            potential leaks before they occur.                      
                                                           Inspect the fueling area to detect problems before they  
                                                            occur.                                                  
                                                           Train employees on proper fueling techniques.            
    Vehicle and equipment maintenance....................  Maintain an organized inventory of materials used in the 
                                                            maintenance shop.                                       
                                                           Dispose of greasy rags, oil filters, air filters,        
                                                            batteries, spent coolant, and degreasers properly.      
                                                           Label and track the recycling of waste material (e.g.,   
                                                            used oil, spent solvents, batteries).                   
    
    [[Page 50981]]
                                                                                                                    
                                                           Drain oil filters before disposal or recycling.          
                                                           Drain and contain all fluids from wrecked vehicles and   
                                                            ``parts'' cars.                                         
                                                           Store cracked batteries in a nonleaking secondary        
                                                            container.                                              
                                                           Promptly transfer used fluids to the proper container; do
                                                            not leave full drip pans or other open containers around
                                                            the shop. Empty and clean drip pans and containers.     
                                                           Do not pour liquid waste down floor drains, sinks, or    
                                                            outdoor storm drain inlets.                             
                                                           Plug floor drains that are connected to the storm or     
                                                            sanitary sewer; if necessary, install a sump that is    
                                                            pumped regularly.                                       
                                                           Inspect the maintenance area regularly for proper        
                                                            implementation of control measures.                     
                                                           Train employees on proper waste control and disposal     
                                                            procedures.                                             
    Outdoor vehicle and equipment storage and parking....  Use drip pans under all vehicles and equipment waiting   
                                                            for maintenance.                                        
                                                           Cover the storage area with a roof.                      
                                                           Inspect the storage yard for filling drip pans and other 
                                                            problems regularly.                                     
                                                           Train employees on procedures for storage and inspection 
                                                            items.                                                  
    Locomotive sanding areas.............................  Cover sand storage piles.                                
                                                           Install sediment traps.                                  
                                                           Install curbs or dikes around storage piles to minimize  
                                                            storm water runon.                                      
    Painting areas.......................................  Keep paint and paint thinner away from traffic areas to  
                                                            avoid spills.                                           
                                                           Spray paint in an Occupational Safety and Health Act     
                                                            (OSHA) approved hood.                                   
                                                           Use effective spray equipment that delivers more paint to
                                                            the target and less over-spray.                         
                                                           Avoid sanding in windy weather and collect and dispose of
                                                            waste properly.                                         
                                                           Recycle paint, paint thinner, and solvents.              
                                                           Inspect painting procedures to ensure that they are      
                                                            conducted properly.                                     
                                                           Train employees on proper sanding, painting, and spraying
                                                            techniques.                                             
     Vehicle or equipment washing areas..................  Avoid washing parts or equipment outside.                
                                                           Use phosphate-free biodegradable detergents.             
                                                           Designate an area for cleaning activities.               
                                                           Contain and recycle washwaters.                          
                                                           Ensure that washwaters drain well.                       
                                                           Inspect cleaning area regularly.                         
                                                           Train employees on proper washing procedures.            
    Liquid storage in above ground storage...............  Maintain good integrity of all storage containers.       
                                                           Install safeguards (such as diking or berming) against   
                                                            accidental releases at the storage area.                
                                                           Inspect storage tanks to detect potential leaks and      
                                                            perform preventive maintenance.                         
                                                           Inspect piping systems (pipes, pumps, flanges, couplings,
                                                            hoses, and valves) for failures or leaks.               
                                                           Train employees on proper filling and transfer           
                                                            procedures.                                             
    Cold weather activities..............................  Minimize salt application.                               
                                                           Use uncontaminated dirt or ash, if use is necessary.     
                                                           Train employees on proper salt, dirt, sand, or ash       
                                                            application                                             
    Improper connections to storm sewer..................  Plug all floor drains connected to sanitary or storm     
                                                            sewer or if connection is unknown. Alternatively,       
                                                            install a sump that is pumped regularly.                
                                                           Perform smoke or dye testing to determine if             
                                                            interconnections exist between sanitary water system and
                                                            storm sewer system.                                     
                                                           Update facility schematics to accurately reflect all     
                                                            plumbing connections.                                   
                                                           Install a safeguard against vehicle washwaters entering  
                                                            the storm sewer unless permitted.                       
                                                           Maintain and inspect the integrity of all underground    
                                                            storage tanks; replace when necessary.                  
                                                           Train employees on proper disposal practices for all     
                                                            materials.                                              
    ----------------------------------------------------------------------------------------------------------------
    Sources: NPDES Storm Water Group Applications--Part 1. Received by EPA March 18, 1991, through December 31,     
      1992.                                                                                                         
    EPA, Office of Research and Development. October 1991. ``Guides to Pollution Prevention--The Automotive         
      Refinishing Industry.'' EPA/625/7-91/016.                                                                     
    EPA, Office of Research and Development. October 1991. ``Guides to Pollution Prevention--The Automotive Repair  
      Industry.'' EPA/625/7-91/013.                                                                                 
    EPA, Office of Research and Development. May 1992. ``Facility Pollution Prevention Guide.'' EPA/600/R-92/088.   
    EPA, Office of Water. September 1992. ``Storm Water Management for Industrial Activities--Developing Pollution  
      Prevention Plans and Best Management Practices.'' EPA 832-R-92-006.                                           
    U.S. Postal Service. May 1992. ``NPDES/Storm Water Guide.'' AS-554.                                             
    
    
    4. Pollutant Control Measures Required Through Other EPA Programs
        EPA recognizes that other programs address the operation of vehicle 
    and equipment maintenance and equipment cleaning operations. In 
    particular, as described below, the Resource Conservation and Recovery 
    Act (RCRA) and the Underground Storage Tank (UST) programs require 
    careful management of materials used onsite which decreases the 
    probability that storm water from such areas will be contaminated by 
    these materials.
        Under the RCRA program, on September 10, 1992, EPA promulgated 
    standards in 40 CFR Part 279 for the management of used oils that are 
    recycled (57 FR 41566). These standards include requirements for used 
    oil generators, transporters, processors/re-refiners, and burners. The 
    standards for used oil generators apply to all generators, regardless 
    of the amount of used oil they generate. Do-it-yourself (DIY) 
    generators which generate used oil from the maintenance of their 
    personal vehicles, however, are not subject to the management standards 
    (Section 279.20(a)(1)).
        The requirements for used oil generators were designed to impose a 
    minimal burden on generators while 
    
    [[Page 50982]]
    protecting human health and the environment from the risks associated 
    with managing used oil. Under Subpart C of 40 CFR Part 279, used oil 
    generators must not store used oil in units other than tanks, 
    containers, or units subject to regulation under Part 264 or 265 of 40 
    CFR (Section 279.22(a)). In other words, generators may store used oil 
    in tanks or containers that are not subject to Subpart J (Hazardous 
    Waste Tanks) or Subpart I (Containers) of Parts 264/265, as long as 
    such tanks or containers are maintained in compliance with the used oil 
    management standards. This does not preclude generators from storing 
    used oil in Subpart J tanks or Subpart I containers or other units, 
    such as surface impoundments (Subpart K), that are subject to 
    regulation under Part 264 or 265.
        Storage units at generator facilities must be maintained in good 
    condition and labeled with the words ``used oil.'' Upon detection of a 
    release of used oil to the environment, a generator must take steps to 
    stop the release, contain the released used oil, and properly manage 
    the released used oil and other materials (Sections 279.22(b) to (d)). 
    Generators storing used oil in underground storage tanks are subject to 
    the UST regulations in 40 CFR Part 280.
        If used oil generators ship used oil offsite for recycling, they 
    must use a transporter who has notified EPA and obtained an EPA 
    identification number (Section 279.24).
        The technical standards for USTs at 40 CFR Part 280 require that 
    new UST systems (defined as systems for which installation commenced 
    after December 12, 1988) use overfill prevention equipment that will: 
    1) automatically shut off flow into the tank when the tank is no more 
    than 95 percent full; or 2) alert the transfer operator when the tank 
    is no more than 90 percent full by restricting the flow into the tank 
    or triggering a high level alarm. The preceding requirements do not 
    apply to systems that are filled by transfers of no more than 25 
    gallons at one time. Existing UST systems (defined as systems for which 
    installation has commenced on or before December 12, 1988) are required 
    to have installed the described overfill prevention equipment by 
    December 12, 1998.
    5. Special Conditions
        The permit conditions that apply to ground transportation 
    facilities build upon the requirements set forth in the common permit 
    conditions for storm water discharges from industrial activities 
    described in the front of this fact sheet. The discussion that follows, 
    therefore, only addresses conditions that differ from those required in 
    that section.
        Due to concern that many non-storm water discharges may be present 
    at vehicle and equipment cleaning and maintenance facilities, EPA is 
    requiring that all facilities provide proof that these discharges are 
    not commingled and are appropriately controlled so as to protect all 
    receiving waters.
        Today's permit clarifies in Part III.A.2. (Prohibition of Non-storm 
    Water Discharges) that non-storm water discharges, including vehicle 
    and equipment washwaters, are not authorized by this permit. The 
    operators of such non-storm water discharges must obtain coverage under 
    a separate NPDES permit if discharged to waters of the U.S. or through 
    a municipal separate storm sewer system or comply with applicable 
    industrial pretreatment requirements if discharged to a municipal 
    sanitary sewer system. In a related requirement under the storm water 
    pollution prevention plan requirements, the permittee is required to 
    attach a copy of the NPDES permit issued for vehicle washwaters or, if 
    an NPDES permit has not yet been issued, a copy of pending application 
    to the plan. For facilities that discharge vehicle and equipment 
    washwaters to the sanitary sewer system, the operator of the sanitary 
    system and associated treatment plant must be notified. A copy of the 
    notification letter must be attached to the plan. If an industrial user 
    permit is issued under a pretreatment program, a copy of that permit 
    must be attached in the plan as does any other permit to which the 
    facility is subject. Some facilities may use other methods of disposal, 
    such as collecting and hauling the wash water offsite. In these cases, 
    the facility must document how the wash water is disposed and attach 
    all pertinent documentation of that disposal practice to the plan.
    6. Storm Water Pollution Prevention Plan Requirements
        a. Description of Potential Pollutant Sources. Under the 
    description of potential pollutant sources in the storm water pollution 
    prevention plan requirements, permittees are required to include 
    storage areas for vehicles and equipment awaiting maintenance on their 
    facility site map. EPA believes that this is appropriate since this 
    area may potentially be a significant source of pollutants to storm 
    water.
        b. Measures and Controls. Under the description of measures and 
    controls in the storm water pollution prevention plan requirements, 
    this section requires that all areas that may contribute pollutants to 
    storm waters discharges shall be maintained in a clean, orderly manner. 
    This section also requires that the following areas must be 
    specifically addressed:
        (1) Vehicle and Equipment Storage Areas. The storage of vehicles 
    and equipment with actual or potential fluid leaks must be confined to 
    designated areas (delineated on the site map). The plan must describe 
    measures that prevent or minimize contamination of the storm water 
    runoff from these areas. The facility shall consider the use of drip 
    pans under vehicles and equipment, indoor storage of the vehicles and 
    equipment, installation of berming and diking of this area, use of 
    absorbents, roofing or covering storage areas, cleaning pavement 
    surface to remove oil and grease, or other equivalent methods.
        (2) Fueling Areas. The plan must describe measures that prevent or 
    minimize contamination of the storm water runoff from fueling areas. 
    The facility shall consider covering the fueling area, using spill and 
    overflow protection and cleanup equipment, minimizing runon of storm 
    water to the fueling area, using dry cleanup methods, collecting the 
    storm water runoff and providing treatment or recycling, or other 
    equivalent measures.
        (3) Material Storage Areas. Storage units of all materials (e.g., 
    used oil, used oil filters, spent solvents, paint wastes, radiator 
    fluids, transmission fluids, hydraulic fluids) must be maintained in 
    good condition, so as to prevent contamination of storm water, and 
    plainly labeled (e.g., ``used oil,'' ``spent solvents,'' etc.). The 
    plan must describe measures that prevent or minimize contamination of 
    the storm water runoff from such storage areas. The facility shall 
    consider indoor storage of the materials, installation of berming and 
    diking of the area or other equivalent methods.
        (4) Vehicle and Equipment Cleaning Areas. The plan must describe 
    measures that prevent or minimize contamination of the storm water 
    runoff from all areas used for vehicle and equipment cleaning. The 
    facility shall consider performing all cleaning operations indoors, 
    covering the cleaning operation, ensuring that all washwaters drain to 
    the intended collection system (i.e., not the storm water drainage 
    system unless NPDES permitted), collecting the storm water runoff from 
    the cleaning area and providing treatment or recycling, or other 
    equivalent measures. The discharge of vehicle and equipment wash 
    waters, including tank cleaning operations, are 
    
    [[Page 50983]]
    not authorized by this section and must be covered under a separate 
    NPDES permit or discharged to a sanitary sewer in accordance with 
    applicable industrial pretreatment requirements.
        (5) Vehicle and Equipment Maintenance Areas. The plan must describe 
    measures that prevent or minimize contamination of the storm water 
    runoff from all areas used for vehicle and equipment maintenance. The 
    facility shall consider performing all maintenance activities indoors, 
    using drip pans, maintaining an organized inventory of materials used 
    in the shop, draining all parts of fluids prior to disposal, 
    prohibiting the practice of hosing down the shop floor where the 
    practice would result in the exposure of pollutants to storm water, 
    using dry cleanup methods, collecting the storm water runoff from the 
    maintenance area and providing treatment or recycling, or other 
    equivalent measures.
        (6) Locomotive Sanding (Loading Sand for Traction) Areas. The plan 
    must describe measures that prevent or minimize contamination of the 
    storm water runoff from areas used for locomotive sanding (including 
    locomotive sanding). The facility shall consider covering sanding 
    areas, minimizing storm water runon/runoff, appropriate sediment 
    removal practices to minimize the offsite transport of sanding material 
    by storm water, or other equivalent measures.
        As documented earlier, these six areas are the common sources of 
    pollutants in storm water from vehicle and equipment cleaning and 
    maintenance activities. Based upon the information provided in part 1 
    of the group application process, the suggested management measures are 
    commonly used at ground transportation facilities. EPA believes that 
    the incorporation of management practices such as those suggested, in 
    conjunction with the baseline requirements, will substantially reduce 
    the potential that these activities and areas will significantly 
    contribute to the pollution of storm water discharges. In addition, EPA 
    believes that these requirements continue to provide the necessary 
    flexibility to address the variable risk for pollutants in storm water 
    discharges associated with different facilities. Further, many 
    facilities will find that management measures that they have already 
    incorporated into the facility's operation, such as the installation of 
    overfill protection equipment and labelling and maintenance of used oil 
    storage units, that are already required under existing EPA programs 
    will meet the requirements of this section.
        Under the inspection requirements of the storm water pollution 
    prevention plan elements, this section requires that in addition to the 
    comprehensive site evaluation required under Part XI of today's permit, 
    qualified facility personnel shall be identified to inspect designated 
    equipment and areas of the facility, at a minimum, on a quarterly 
    basis. The following areas shall be included in all inspections: 
    storage areas for vehicles and equipment awaiting maintenance, fueling 
    areas, vehicle and equipment maintenance areas (both indoors and 
    outdoors), material storage areas, vehicle and equipment cleaning 
    areas, and loading and unloading areas. A set of tracking or follow-up 
    procedures shall be used to ensure that appropriate actions are taken 
    in response to the inspections. Records of all inspections shall be 
    maintained.
        The purpose of the inspections is to check on the implementation of 
    the storm water pollution prevention plan. The inspections allow 
    facility personnel to monitor the success or failure of elements of the 
    plan on a regular basis. The discharger is encouraged to coordinate 
    these quarterly inspections with the quarterly visual examinations of 
    storm water discharges required under the monitoring section of the 
    permit. The use of an inspection checklist is recommended. The 
    checklist will ensure that all required areas are inspected, as well as 
    help to meet the recordkeeping requirements.
        Under the employee training component of the storm water pollution 
    prevention plan requirements, the permittee is required to identify 
    annual (once per year) dates for such training. Employee training must, 
    at a minimum, address the following areas when applicable to a 
    facility: used oil management; spent solvent management; spill 
    prevention and control; fueling procedures; general good housekeeping 
    practices; proper painting procedures; and used battery management. 
    Unlike some industrial operations, the industrial activities associated 
    with vehicle and equipment maintenance that may affect storm water 
    quality require the cooperation of many employees, not just one or two 
    people. EPA, therefore, is requiring that employee training take place 
    at least once a year to serve as: (1) training for new employees that 
    may be involved in storm water pollution prevention; (2) a refresher 
    course for existing employees involved in storm water pollution 
    prevention; and (3) training for all affected employees on any storm 
    water pollution prevention techniques recently incorporated into the 
    plan.
    7. Monitoring and Reporting Requirements
        a. Monitoring Requirements. The regulatory modifications at 40 CFR 
    122.44(i)(2) established on April 2, 1992, grant permit writers the 
    flexibility to reduce monitoring requirements in storm water discharge 
    permits. EPA has determined that the potential for storm water 
    discharges to contain pollutants above benchmark levels, because of the 
    industrial activities and materials exposed to precipitation, does not 
    support sampling at facilities in this section of today's permit. Based 
    on a consideration of the BMPs typically used at these facilities, and 
    generally low pollutant values from the application data, EPA believes 
    that the pollution prevention plan with visual observations of storm 
    water discharges will help to ensure storm water contamination is 
    minimized. Because permittees are not required to conduct sampling, 
    they will be able to focus their resources on developing and 
    implementing the pollution prevention plan.
        Under the Storm Water Regulations at 40 CFR 122.26(b)(14), EPA 
    defined ``storm water discharge associated with industrial activity''. 
    The focus of today's permit is to address the presence of pollutants 
    that are associated with the industrial activities identified in this 
    definition and that might be found in storm water discharges. Under the 
    methodology for determining analytical monitoring requirements, 
    described in section VI.E.1 of this fact sheet, nitrate plus nitrite 
    nitrogen, lead and/or zinc are above the bench mark concentrations for 
    the railroad transportation, local and highway passenger 
    transportation, motor freight transportation and warehousing, and 
    United States Postal services subsectors. After a review of the nature 
    of industrial activities and the significant materials exposed to storm 
    water described by facilities in these subsectors, EPA has determined 
    that the higher concentrations of nitrate plus nitrite nitrogen, lead 
    and/or zinc are not likely to be caused by the industrial activity, but 
    may be primarily due to non-industrial activities on-site. Today's 
    permit does not require railroad transportation, local and highway 
    passenger transportation, motor freight transportation and warehousing, 
    and United States Postal services facilities to conduct analytical 
    monitoring for these parameters.
        Quarterly visual examinations of a storm water discharge from each 
    outfall are required at ground transportation facilities. The 
    examination must be of a 
    
    [[Page 50984]]
    grab sample collected from each storm water outfall. The examination of 
    storm water grab samples shall include any observations of color, odor, 
    turbidity, floating solids, foam, oil sheen, or other obvious 
    indicators of storm water pollution. The examination must be conducted 
    in a well lit area. No analytical tests are required to be performed on 
    these samples.
        The examination must be made at least once in each designated 
    period during facility operation in the daylight hours unless there is 
    insufficient rainfall or snow-melt to runoff. EPA expects that, 
    whenever practicable, the same individual should carry out the 
    collection and examination of discharges throughout the life of the 
    permit to ensure the greatest degree of consistency possible. 
    Examinations shall be conducted in each of the following periods for 
    the purposes of inspecting storm water quality associated with storm 
    water runoff and snow melt: January through March; April through June; 
    July through September; October through December. Grab samples shall be 
    collected within the first 30 minutes (or as soon thereafter as 
    practical, but not to exceed 60 minutes) of when the runoff begins 
    discharging. Reports of the visual examination include: the examination 
    date and time, examination personnel, visual quality of the storm water 
    discharge, and probable sources of any observed storm water 
    contamination. The visual examination reports must be maintained onsite 
    with the pollution prevention plan.
        EPA believes that this quick and simple assessment will help the 
    permittee to determine the effectiveness of his/her plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the chemical properties of the storm water discharged from the 
    site, the examination will provide meaningful results upon which the 
    facility may act quickly. The frequency of this visual examination will 
    also allow for timely adjustments to be made to the plan. If BMPs are 
    performing ineffectively, corrective action must be implemented. A set 
    of tracking or follow-up procedures must be used to ensure that 
    appropriate actions are taken in response to the examinations. The 
    visual examination is intended to be performed by members of the 
    pollution prevention team. This hands-on examination will enhance the 
    staff's understanding of the storm water problems on that site and the 
    effects of the management practices that are included in the plan.
        When a discharger is unable to collect samples over the course of 
    the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    results of the visual examinations. Adverse weather conditions which 
    may prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly visual examination.
        As discussed above, EPA does not believe that chemical monitoring 
    is necessary for facilities in this section of today's permit. EPA 
    believes that between quarterly inspections, quarterly visual 
    examinations, and site compliance evaluations potential sources of 
    contaminants can be recognized, addressed, and then controlled with 
    BMPs. In determining the monitoring requirements, EPA considered the 
    nature of the industrial activities and significant materials exposed 
    at these sites, and performed a review of data provided in Part 2 group 
    applications.
    
    Q. Storm Water Discharges Associated With Industrial Activity From 
    Water Transportation Facilities That Have Vehicle Maintenance Shops 
    and/or Equipment Cleaning Operations
    
    1. Discharges Covered Under This Section
        Special conditions have been developed for water transportation 
    facilities that have vehicle and equipment maintenance shops (vehicle 
    and equipment rehabilitation, mechanical repairs, painting, fueling, 
    and lubrication) and equipment cleaning operations. Vehicle and 
    equipment maintenance is a broad term used to include the following 
    activities: vessel and equipment fluid changes, mechanical repairs, 
    parts cleaning, sanding, blasting, welding, refinishing, painting, 
    fueling, and storage of the related materials and waste materials, such 
    as oil, fuel, batteries, or oil filters. Equipment cleaning operations 
    include areas where vessel and vehicle exterior washdown takes place. 
    The conditions in this section apply to storm water discharges from 
    vehicle and equipment maintenance shops or cleaning operations located 
    at water transportation facilities covered under the storm water 
    application regulations (40 CFR 122.26) and applying for coverage under 
    today's permit.
        The storm water application regulations define storm water 
    discharges associated with industrial activity at 40 CFR 122.26(b)(14). 
    Category (viii) of this definition includes transportation facilities 
    classified as Standard Industrial Classification (SIC) codes 40, 41, 42 
    (except 4221-25), 43, 44, 45, and 5171 that have vehicle and equipment 
    maintenance shops, equipment cleaning operations, or airport deicing 
    operations. The category further states that only those portions of the 
    facility that are either involved in vehicle and equipment maintenance 
    (including vehicle and equipment rehabilitation, mechanical repairs, 
    painting, fueling, and lubrication), equipment cleaning operations, or 
    airport deicing operations are associated with industrial activity. The 
    conditions in this section only apply to water transportation 
    facilities.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        Facilities covered by this section of today's permit are commonly 
    identified by SIC code major group 44.
        SIC code 44 includes facilities primarily engaged in furnishing 
    water transportation services. The following types of facilities are 
    examples of those covered under SIC code 44:
        a. Deep Sea Foreign Transportation of Freight (SIC 4412).
        b. Deep Sea Domestic Transportation of Freight (SIC 4424).
        c. Freight Transportation on the Great Lakes--St. Lawrence Seaway 
    (SIC 4432).
        d. Water Transportation of Freight, Not Elsewhere Classified (SIC 
    4449). Including: canal barge operations; canal freight transportation; 
    intracoastal 
    
    [[Page 50985]]
    freight transportation lake freight transportation, except on the Great 
    Lakes; log rafting and towing; river freight transportation, except on 
    the St. Lawrence Seaway; and transportation of freight on bays and 
    sounds of the oceans.
        e. Deep Sea Transportation of Passengers, Except by Ferry (SIC 
    4481).
        f. Ferries (SIC 4482). Including: car lighters (ferries); and 
    railroad ferries.
        g. Water Transportation of Passengers, Not Elsewhere Classified 
    (SIC 4489). Including: airboats (swamp buggy rides); excursion boat 
    operations; passenger water transportation on rivers and canals; 
    sightseeing boats; and water taxis.
        h. Marine Cargo Handling (SIC 4491). Including: docks, including 
    buildings and facilities; loading vessels; marine cargo handling; 
    piers, including buildings and facilities; ship hold cleaning; 
    stevedoring; unloading vessels; and waterfront terminal operation.
        i. Towing and Tugboat Services (SIC 4492). Including: docking of 
    ocean vessels; shifting of floating equipment within harbors; towing 
    services, marine; tugboat service; and undocking of ocean vessels.
        j. Marinas (SIC 4493).97 Including: boat yards, storage and 
    incidental repair; and yacht basins.
    
        \97\ ``Guidelines for the Determination of Regulatory Status of 
    Marinas and Related Operations.'' Facilities that are ``primarily 
    engaged'' in operating marinas are best classified as SIC 4493--
    marinas. These facilities rent boat skips, store boats and generally 
    perform a range of other marine services including boat cleaning and 
    incidental boat repair. They frequently sell food, fuel, fishing 
    supplies and may sell boats. For facilities classified as 4493 that 
    are involved in vehicle (vessel) maintenance activities (including 
    vehicle rehabilitation, mechanical repairs, painting, fueling, and 
    lubrication) or equipment cleaning operations, those portions of the 
    facility that are involved in such vehicle maintenance activities 
    are considered to be associated with industrial activity and are 
    covered under the storm water regulations.
        Facilities classified as 4493 that are not involved in equipment 
    cleaning or vessel maintenance activities (including vehicle 
    rehabilitation, mechanical repairs, painting, and lubrication) are 
    not intended to be covered under 40 CFR Section 122.26(b)(14)(viii) 
    of the storm water permit application regulations. The retail sale 
    of fuel alone at marinas, without any other vessel maintenance or 
    equipment cleaning operations, is not considered to be grounds for 
    coverage under the storm water regulations.
    ---------------------------------------------------------------------------
    
        k. Water Transportation Services, Not Elsewhere Classified (SIC 
    4499). Including: boat cleaning; boat hiring, except pleasure; boat 
    livery, except pleasure; boat rental, commercial; canal operation; 
    cargo salvaging, from distressed vessels; chartering of commercial 
    boats; dismantling ships; lighterage; marine railways for drydocks; 
    marine salvaging; marine surveyors, except cargo; marine wrecking, 
    ships for scrap; piloting vessels in and out of harbors; ship cleaning, 
    except hold cleaning; ship registers: survey and classification of 
    ships and marine equipment; and steamship leasing.
    2. Pollutants Found in Storm Water Discharges
        Table Q-1 lists potential pollutant source activities that commonly 
    take place at water transportation vehicle maintenance and equipment 
    cleaning operations.
    
      Table Q-1.--Industrial Activities, Pollutant Sources, and Pollutants  
    ------------------------------------------------------------------------
            Activity             Pollutant source            Pollutant      
    ------------------------------------------------------------------------
    Pressure Washing.......  Wash water.............  Paint solids, heavy   
                                                       metals, suspended    
                                                       solids.              
    Surface Preparation      Sanding; mechanical      Spent abrasives, paint
     Paint Removal Sanding.   grinding; abrasive       solids, heavy metals,
                              blasting; paint          solvents, dust.      
                              stripping.                                    
    Painting...............  Paint and paint thinner  Paint solids, spent   
                              spills; spray            solvents, heavy      
                              painting; paint          metals, dust.        
                              stripping; sanding;                           
                              paint cleanup.                                
    Engine Maintenance and   Parts cleaning; waste    Spent solvents, oil,  
     Repairs.                 disposal of greasy       heavy metals,        
                              rags, used fluids, and   ethylene glycol, acid/
                              batteries; use of        alkaline wastes,     
                              cleaners & degreasers;   detergents.          
                              fluid spills; fluid                           
                              replacement.                                  
    Material Handling:       Fueling: spills; leaks;  Fuel, oil, heavy      
     Transfer Storage         and hosing area.         metals.              
     Disposal.                                                              
                             Liquid Storage in Above  Fuel, oil, heavy      
                              Ground Storage: spills   metals, material     
                              and overfills;           being stored.        
                              external corrosion;                           
                              failure of piping                             
                              systems.                                      
                             Waste Material Storage   Paint solids, heavy   
                              and Disposal: paint      metals, spent        
                              solids; solvents;        solvents, oil.       
                              trash; spent                                  
                              abrasives, petroleum                          
                              products.                                     
    Shipboard Processes      Process & cooling        Biochemical oxygen    
     improperly discharged    water; sanitary waste;   demand (BOD),        
     to storm sewer or into   bilge & ballast water.   bacteria, suspended  
     receiving water.                                  solids, oil, fuel.   
    ------------------------------------------------------------------------
    Sources: EPA, Office of Water and Hazardous Materials. December 1979.   
      ``Draft Development Document for Proposed Effluent Limitations        
      Guidelines and Standards for the Shipbuilding and Repair Industry.''  
      EPA/440/1-79/076-b.                                                   
    University of South Alabama, College of Engineering. September 1992.    
      ``Best Management Practices for the Shipbuilding and Repair Industry  
      and for Bridge Maintenance Activities.'' College of Engineering Report
      No. 92-2.                                                             
    NPDES Storm Water Group Applications--Part 1. Received by EPA March 18, 
      1991, through December 31, 1992.                                      
    EPA, Office of Research and Development. October 1991. ``Guides to      
      Pollution Prevention--The Automotive Refinishing Industry.'' EPA/625/7-
      91/016.                                                               
    EPA, Office of Research and Development. October 1991. ``Guides to      
      Pollution Prevention--The Automotive Repair Industry.'' EPA/625/7-91/ 
      013.                                                                  
    EPA, Office of Research and Development. May 1992. ``Facility Pollution 
      Prevention Guide.'' EPA/600/R-92/088.                                 
    EPA, Office of Water. September 1992. ``Storm Water Management for      
      Industrial Activities--Developing Pollution Prevention Plans and Best 
      Management Practices.'' EPA 832-R-92-006.                             
    U.S. Postal Service. May 1992. ``NPDES/Storm Water Guide.'' AS-554.     
    
        Based on the similarities of the facilities included in this sector 
    in terms of industrial activities and significant materials, EPA 
    believes it is appropriate to discuss the potential pollutants at water 
    transportation facilities having vehicle maintenance and/or equipment 
    cleaning operations as a whole and not subdivide this sector. 
    Therefore, Table Q-2 lists data for selected parameters from facilities 
    in the water transportation sector. These data include the eight 
    pollutants that all facilities were required to monitor for under Form 
    2F, as well as the pollutants that EPA determined merit further 
    monitoring.
    
                                                                            
    
    [[Page 50986]]
                                                Table Q-2.--Statistics for Conventional Pollutants and Storm Water i (In mg/L Unless Otherwise Indicated)                                           
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     No. of        No. of            Mean               Minimum             Maximum             Median          95th Percentile     99th Percentile 
                                                   Facilities      Samples   -----------------------------------------------------------------------------------------------------------------------
                Pollutant Sample type            ----------------------------                                                                                                                       
                                                   Grab   Comp   Grab   Comp    Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5........................................     15     14     15     14      8.6       6.0       0.0       0.0      39.0      11.0       7.0       6.0      36.3      13.4      76.3      18.7 
    COD.........................................     15     14     15     14    130.9      75.8       0.0      10.0     500.0     203.0      93.0      50.5     588       254.8    1327.6     496.8 
    Nitrate + Nitrite Nitrogen..................     15     14     15     14      4.23      0.66      0.00      0.00     54.00      1.61      0.60      0.65      8.61      1.89     23.9       3.07
    Total Kjeldahl Nitrogen.....................     15     14     15     14      2.64      9.41      0.00      0.00     16.00    118.00      1.60      0.75      9.72     16.96     20.67     51.31
    Oil & Grease................................     15    N/A     15    N/A     11.9     N/A         0.0     N/A        96.0     N/A         2.0     N/A        40.9     N/A       109.9     N/A   
    pH (s.u)....................................     15     11     15    N/A    N/A       N/A         4.1     N/A         8.8     N/A         7.0     N/A         9.5     N/A        10.8     N/A   
    Total Phosphorus............................     15     14     15     14      0.27      0.15      0.00      0.00      1.20      0.32      0.10      0.17      1.32      0.51      3.19       .90
    Total Suspended Solids......................     15     14     15     14    634       224         3         5      4330       944       135        68      3906      1116      1635.2    3351   
    Aluminum....................................      4      3      4      3      3.1       2.2       0.2       0.2       6.3       5.4       3.0       1.0      24.4      14.2      81.2      40.9 
    Iron........................................      4      3      4      3     26.7       5.0       0.2       0.4      94.0       8.9       6.3       5.7     N/A        40.6      40.9     122.8 
    Lead........................................      4      3      4      3      0.2       0.1       0.0       0.0       0.7       0.1       0.1       0.1     N/A          .1     N/A         0.2 
    Zinc........................................      4      3      4      3      0.7       0.4       0.1       0.2       2.2       0.9       0.2       0.2     N/A         1.3     N/A         2.4 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Mean, Maximum, Minimum, Median, and Percentiles include all detects and nondetects.                                                                                                           
    ii Composite samples.                                                                                                                                                                           
    Note: There is no information for 95th percentile columns.                                                                                                                                      
    
    
    3. Options for Controlling Pollutants
        The measures commonly implemented to reduce pollutants in storm 
    water associated with water transportation vehicle maintenance and/or 
    equipment cleaning operations are generally simple to implement and are 
    uncomplicated practices. Table Q-3 identifies Best Management Practices 
    (BMPs) associated with different activities that routinely take place 
    at water transportation facilities with vehicle maintenance and 
    equipment cleaning operations.
    
         Table Q-3.--Industrial Activities and Potential Best Management    
                                    Practices                               
    ------------------------------------------------------------------------
             Activity                               BMPs                    
    ------------------------------------------------------------------------
    Pressure washing.........  Collect discharge water and remove all       
                                visible solids before discharging to a sewer
                                system, or where permitted, to a drainage   
                                system, or receiving water.                 
                               Perform pressure washing only in designated  
                                areas where wash water containment can be   
                                effectively achieved.                       
                               Use no detergents or additives in the        
                                pressure wash water.                        
                               Direct deck drainage to a collection system  
                                sump for settling and/or additional         
                                treatment.                                  
                               Implement diagonal trenches or berms and     
                                sumps to contain and collect wash water at  
                                marine railways.                            
                               Use solid decking, gutters, and sumps at lift
                                platforms to contain and collect wash water 
                                for possible reuse.                         
    Surface preparation,       Enclose, cover, or contain blasting and      
     sanding, and paint         sanding activities to the extent practical  
     removal.                   to prevent abrasives, dust, and paint chips 
                                from reaching storm sewers or receiving     
                                water.                                      
                               Where feasible, cover drains, trenches, and  
                                drainage channels to prevent entry of       
                                blasting debris to the system.              
                               Prohibit uncontained blasting or sanding     
                                activities performed over open water.       
                               Prohibit blasting or sanding activities      
                                performed during windy conditions which     
                                render containment ineffective.             
                               Inspect and clean sediment traps to ensure   
                                the interception and retention of solids    
                                prior to entering the drainage system.      
                               Sweep accessible areas of the drydock to     
                                remove debris and spent sandblasting        
                                material prior to flooding.                 
                               Collect spent abrasives routinely and store  
                                under a cover to await proper disposal.     
    Painting.................  Enclose, cover, or contain painting          
                                activities to the maximum extent practical  
                                to prevent overspray from reaching the      
                                receiving water.                            
                               Prohibit uncontained spray painting          
                                activities over open water.                 
                               Prohibit spray painting activities during    
                                windy conditions which render containment   
                                ineffective.                                
                               Mix paints and solvents in designated areas  
                                away from drains, ditches, piers, and       
                                surface waters, preferably indoors or under 
                                cover.                                      
                               Have absorbent and other cleanup items       
                                readily available for immediate cleanup of  
                                spills.                                     
                               Allow empty paint cans to dry before         
                                disposal.                                   
                               Keep paint and paint thinner away from       
                                traffic areas to avoid spills.              
                               Recycle paint, paint thinner, and solvents.  
                               Train employees on proper painting and       
                                spraying techniques, and use effective spray
                                equipment that delivers more paint to the   
                                target and less overspray.                  
    Drydock maintenance......  Clean and maintain drydock on a regular basis
                                to minimize the potential for pollutants in 
                                the storm water runoff.                     
                               Sweep accessible areas of the drydock to     
                                remove debris and spent sandblasting        
                                material prior to flooding.                 
                               If hosing must be used as a removal method,  
                                collect wash water to remove solids and     
                                potential metals.                           
                               Clean the remaining areas of the dock after a
                                vessel has been removed and the dock raised.
                               Remove and properly dispose of floatable and 
                                other low-density waste (wood, plastic,     
                                insulations, etc.).                         
    Drydocking...............  Use plastic barriers beneath the hull,       
                                between the hull and drydock walls for      
                                containment.                                
                               Use plastic barriers hung from the flying    
                                bridge of the drydock, from the bow or stern
                                of the vessel, or from temporary structures 
                                for containment.                            
    
    [[Page 50987]]
                                                                            
                               Weight the bottom edge of the containment    
                                tarpaulins or plastic sheeting during a     
                                light breeze.                               
                               Use plywood and/or plastic sheeting to cover 
                                open areas between decks when sandblasting  
                                (scuppers, railings, freeing ports, ladders,
                                and doorways).                              
                               Install tie rings or cleats, cable suspension
                                systems, or scaffolding to make             
                                implementation containment easier.          
    Nondrydock containment...  Hang tarpaulin from the boat, fixed, or      
                                floating platforms to reduce pollutants     
                                transported by wind.                        
                               Pave or tarp surfaces under marine railways. 
                               Clean railways before the incoming tide.     
                               Haul vessels beyond the high tide zone before
                                work commences or halt work during high     
                                tide.                                       
                               Place plastic sheeting or tarpaulin          
                                underneath boats to contain and collect     
                                waste and spent materials and clean and     
                                sweep regularly to remove debris.           
                               Use fixed or floating platforms with         
                                appropriate plastic or tarpaulin barriers as
                                work surfaces and for containment when work 
                                is performed on a vessel in the water to    
                                prevent blast material or paint overspray   
                                from contacting storm water or the receiving
                                water.                                      
                               Sweep, rather than hose, debris present on   
                                the dock.                                   
    Engine maintenance and     Maintain an organized inventory of materials 
     repairs.                   used in the maintenance shop.               
                               Dispose of greasy rag, oil filters, air      
                                filters, batteries, spent coolant, and      
                                degreasers properly.                        
                               Label and track the recycling of waste       
                                material (i.e., used oil, spent solvents,   
                                batteries).                                 
                               Drain oil filters before disposal or         
                                recycling.                                  
                               Store cracked batteries in a nonleaking      
                                secondary container.                        
                               Promptly transfer used fluids to the proper  
                                container; do not leave full drip pans or   
                                other open containers around the shop. Empty
                                and clean drip pans and containers.         
                               Do not pour liquid waste down floor drains,  
                                sinks, or outdoor storm drain inlets.       
                               Plug floor drains that are connected to the  
                                storm or sanitary sewer; if necessary,      
                                install a sump that is pumped regularly.    
                               Inspect the maintenance area regularly for   
                                proper implementation of control measures.  
                               Train employees on proper waste control and  
                                disposal procedures.                        
    Material Handling: Bulk    Store permanent tanks in a paved area        
     liquid storage and         surrounded by a dike system which provides  
     containment.               sufficient containment for the larger of    
                                either 10 percent of the volume of all      
                                containers or 110 percent of the volume of  
                                the largest tank.                           
                               Maintain good integrity of all storage tanks.
                               Inspect storage tanks to detect potential    
                                leaks and perform preventive maintenance.   
                               Inspect piping systems (pipes, pumps,        
                                flanges, couplings, hoses, valves) for      
                                failures or leaks.                          
                               Train employees on proper filling and        
                                transfer procedures.                        
    Material Handling:         Store containerized materials (fuels, paints,
     Containerized material     solvents, etc.) in a protected, secure      
     storage.                   location and away from drains.              
                               Store reactive, ignitable, or flammable      
                                liquids in compliance with the local fire   
                                code.                                       
                               Identify potentially hazardous materials,    
                                their characteristics, and use.             
                               Control excessive purchasing, storage, and   
                                handling of potentially hazardous materials.
                               Keep records to identify quantity, receipt   
                                date, service life, users, and disposal     
                                routes.                                     
                               Secure and carefully monitor hazardous       
                                materials to prevent theft, vandalism, and  
                                misuse of materials.                        
                               Educate personnel for proper storage, use,   
                                cleanup, and disposal of materials.         
                               Provide sufficient containment for outdoor   
                                storage areas for the larger of either 10   
                                percent of the volume of all containers or  
                                110 percent of the volume of the largest    
                                tank.                                       
                               Use temporary containment where required by  
                                portable drip pans.                         
                               Use spill troughs for drums with taps.       
    Material Handling........  Mix paints and solvents in designated areas  
                                away from drains, ditches, piers, and       
                                surface waters. Locate designated areas     
                                preferably indoors or under a shed.         
    Designated material        If spills occur,                             
     mixing areas.              Stop the source of the spill        
                                immediately.                                
                                Contain the liquid until cleanup is 
                                complete.                                   
                                Deploy oil containment booms if the 
                                spill may reach the water.                  
                                Cover the spill with absorbent      
                                material.                                   
                                Keep the area well ventilated.      
                                Dispose of cleanup materials        
                                properly.                                   
                                Do not use emulsifier or dispersant.
    Shipboard process water    Keep process and cooling water used aboard   
     handling.                  ships separate from sanitary wastes to      
                                minimize disposal costs for the sanitary    
                                wastes.                                     
                               Keep process and cooling water from contact  
                                with spent abrasives and paint to avoid     
                                discharging these pollutants.               
                               Inspect connecting hoses for leaks.          
    Shipboard sanitary waste   Discharge sanitary wastes from the ship being
     disposal.                  repaired to the yard's sanitary system or   
                                dispose of by a commercial waste disposal   
                                company.                                    
                               Use appropriate material transfer procedures,
                                including spill prevention and containment  
                                activities.                                 
    Bilge and Ballast water..  Collect and dispose of bilge and ballast     
                                waters which contain oils, solvents,        
                                detergents, or other additives to a licensed
                                waste disposal company.                     
    ------------------------------------------------------------------------
    Sources: University of South Alabama, College of Engineering. September 
      1992. ``Best Management Practices for the Shipbuilding and Repair     
      Industry and for Bridge Maintenance Activities.'' College of          
      Engineering Report No. 92-2.                                          
    
    [[Page 50988]]
                                                                            
    NPDES Storm Water Group Applications--Part 1. Received by EPA March 18, 
      1991 through December 31, 1992.                                       
    EPA, Office of Water. January 1993. ``Guidance Specifying Management    
      Measures for Sources of Nonpoint Pollution in Coastal Waters.'' 840-B-
      92-002.                                                               
    
    
    4. Pollutant Control Measures Required Through Other EPA Programs
        EPA recognizes that the Resource Conservation and Recovery Act 
    (RCRA) and the Underground Storage Tank (UST) programs require careful 
    management of materials used at Water Transportation Facilities and 
    Boat Building & Repairing Facilities.
        Under the RCRA program, on September 10, 1992, EPA promulgated 
    standards in 40 CFR Part 279 for the management of used oils that are 
    recycled (57 FR 41566). These standards include requirements for used 
    oil generators, transporters, processors/re-refiners, and burners. The 
    standards for used oil generators apply to all generators, regardless 
    of the amount of used oil they generate. Do-it-yourself (DIY) 
    generators which generate used oil from the maintenance of their 
    personal vehicles, however, are not subject to the management standards 
    (Section 279.20(a)(1)).
        The requirements for used oil generators were designed to impose a 
    minimal burden on generators while protecting human health and the 
    environment from the risks associated with managing used oil. Under 
    Subpart C of 40 CFR Part 279, used oil generators must not store used 
    oil in units other than tanks, containers, or units subject to 
    regulation under Part 264 or 265 of 40 CFR (Section 279.22(a)). In 
    other words, generators may store used oil in tanks or containers that 
    are not subject to Subpart J (Hazardous Waste Tanks) or Subpart I 
    (Containers) of Parts 264/265, as long as such tanks or containers are 
    maintained in compliance with the used oil management standards. This 
    does not preclude generators from storing used oil in Subpart J tanks 
    or Subpart I containers or other units, such as surface impoundments 
    (Subpart K), that are subject to regulation under Part 264 or 265.
        Storage units at generator facilities must be maintained in good 
    condition and labeled with the words ``used oil.'' Upon detection of a 
    release of used oil to the environment, a generator must take steps to 
    stop the release, contain the released used oil, and properly manage 
    the released used oil and other materials (Section 279.22(b) to (d)). 
    Generators storing used oil in underground storage tanks are subject to 
    the UST regulations (40 CFR Part 280).
        If used oil generators ship used oil offsite for recycling, they 
    must use a transporter who has notified EPA and obtained an EPA 
    identification number (Section 279.24).
        The technical standards for USTs at 40 CFR Part 280 require that 
    new UST systems (defined as systems for which installation commenced 
    after December 12, 1988) use overfill prevention equipment that will: 
    (1) Automatically shut off flow into the tank when the tank is no more 
    than 95 percent full; or (2) alert the transfer operator when the tank 
    is no more than 90 percent full by restricting the flow into the tank 
    or triggering a high level alarm. The preceding requirements do no 
    apply to systems that are filled by transfers of no more than 25 
    gallons at one time. Existing UST systems (defined as systems for which 
    installation has commenced on or before December 12, 1988) are required 
    to have installed the described overfill prevention equipment by 
    December 12, 1998.
    5. Special Conditions
        a. Prohibition of Non-storm Water Discharges. In addition to the 
    non-storm water discharges prohibited in part III.A of the permit, this 
    section specifically prohibits the following: bilge and ballast water, 
    pressure wash water, sanitary wastes, and cooling water originating 
    from vessels are not authorized by this section. The operators of such 
    discharges must obtain coverage under a separate NPDES permit if 
    discharged to waters of the U.S. or through a municipal separate storm 
    sewer system. Certain non-storm water discharges, however, may be 
    authorized by this permit. Part III.A.2 of today's permit lists these 
    discharges.
        This section does not authorize the non-storm water discharge of 
    pressure wash water. Pressure washing is used to remove marine growth 
    from vessels. EPA has found that unpermitted releases of pressure wash 
    water is a habitual problem at water transportation facilities. Marine 
    growths and paint debris found in the wash water can contain 
    significant quantities of heavy metals, and this water cannot be 
    discharged.
    6. Storm Water Pollution Prevention Plan Requirements
        The conditions that apply to water transportation facilities with 
    vehicle maintenance and/or equipment cleaning operations build upon the 
    requirements set forth in the baseline conditions permit for storm 
    water discharges from industrial activities discussed previously.
        a. Contents of the Plan.
        (1) Description of Potential Pollutant Sources.
        Under the description of potential pollutant sources in the storm 
    water pollution prevention plan requirements, permittees are required 
    to include the location(s) on their facility site map where engine 
    maintenance and repair work, vessel maintenance and repair work, and 
    pressure washing are performed. This requirement is the same as the 
    permit conditions listed in the front section of this factsheet, which 
    are based on the baseline general permit of September 9, 1992 Here it 
    is expressed in more appropriate terms for the water transportation 
    industry. The baseline general permit includes ``vehicle and equipment 
    maintenance and/or cleaning areas.'' The language ``processing areas'', 
    as described under the baseline general permit, has been specified to 
    include painting, blasting, welding, and metal fabrication for this 
    section. EPA believes that this specificity is appropriate for the 
    water transportation industry and that these areas may potentially be a 
    significant source of pollutants to storm water. Rather than requiring 
    the location of ``storage areas'' as in the baseline general permit, 
    this storm water pollution prevention plan specifies that the location 
    of liquid storage areas (i.e., paint, solvents, resins) and material 
    storage areas (i.e., blasting media, aluminum, steel) be shown. This 
    again is the same requirement, but it is expressed in more specific 
    terms for this industry. In addition, the site map must also indicate 
    the outfall locations and the types of discharges contained in the 
    drainage areas of the outfalls (e.g. storm water and air conditioner 
    condensate). In order to increase the readability of the map, the 
    inventory of the types of discharges contained in each outfall may be 
    kept as an attachment to the site map.
        (2) Measures and Controls.
        Under the description of measures and controls in the storm water 
    pollution prevention plan requirements, this section requires that all 
    areas that may contribute pollutants to storm waters discharges shall 
    be maintained in a clean, orderly manner. This section also requires 
    that the following areas must be specifically addressed:
        (a) Pressure Washing Area--When pressure washing is used to remove 
    
    [[Page 50989]]
        marine growth from vessels, the discharge water must be permitted by an 
    NPDES permit. The plan must describe the measures to collect or contain 
    the discharge from the pressure washing area, detail the method for the 
    removal of the visible solids, describe the method of disposal of the 
    collected solids, and identify where the discharge will be released 
    (i.e., the receiving waterbody, storm sewer system, sanitary sewer 
    system).
        (b) Blasting and Painting Areas--The facility must consider 
    containing all blasting and painting activities to prevent abrasives, 
    paint chips, and overspray from reaching the receiving water or the 
    storm sewer system. The plan must describe measures taken at the 
    facility to prevent or minimize the discharge of spent abrasive, paint 
    chips, and paint into the receiving waterbody and storm sewer system. 
    The facility may consider hanging plastic barriers or tarpaulins during 
    blasting or painting operations to contain debris. Where required, a 
    schedule for cleaning storm systems to remove deposits of abrasive 
    blasting debris and paint chips should be addressed within the plan. 
    The plan should include any standard operating practices with regard to 
    blasting and painting activities. Such included items may be the 
    prohibition of performing uncontained blasting and painting over open 
    water or blasting and painting during windy conditions which can render 
    containment ineffective.
        (3) Material Storage Areas--All stored and containerized materials 
    (fuels, paints, solvents, waste oil, antifreeze, batteries) must be 
    stored in a protected, secure location away from drains and plainly 
    labeled. The plan must describe measures that prevent or minimize 
    contamination of the storm water runoff from such storage areas. The 
    facility must specify which materials are stored indoors and consider 
    containment or enclosure for materials that are stored outdoors. Above 
    ground storage tanks, drums, and barrels permanently stored outside 
    must be delineated on the site map with a description of the 
    containment measures in place to prevent leaks and spills. The facility 
    must consider implementing an inventory control plan to prevent 
    excessive purchasing, storage, and handling of potentially hazardous 
    materials. Those facilities where abrasive blasting is performed must 
    specifically include a discussion on the storage and disposal of spent 
    abrasive materials generated at the facility.
        (d) Engine Maintenance and Repair Areas--The plan must describe 
    measures that prevent or minimize contamination of the storm water 
    runoff from all areas used for engine maintenance and repair. The 
    facility may consider performing all maintenance activities indoors, 
    maintaining an organized inventory of materials used in the shop, 
    draining all parts of fluids prior to disposal, prohibiting the 
    practice of hosing down the shop floor, using dry cleanup methods, and/
    or collecting the storm water runoff from the maintenance area and 
    providing treatment or recycling.
        (e) Material Handling Areas--The plan must describe measures that 
    prevent or minimize contamination of the storm water runoff from 
    material handling operations and areas (i.e., fueling, paint & solvent 
    mixing, disposal of process wastewater streams from vessels). The 
    facility may consider covering fueling areas; using spill and overflow 
    protection; mixing paints and solvents in a designated area, preferably 
    indoors or under a shed; and minimizing runon of storm water to 
    material handling areas. Where applicable, the plan must address the 
    replacement or repair of leaking connections, valves, pipes, hoses, and 
    soil chutes carrying wastewater from vessels.
        (f) Drydock Activities--The plan must address the routine 
    maintenance and cleaning of the drydock to minimize the potential for 
    pollutants in the storm water runoff. The plan must describe the 
    procedures for cleaning the accessible areas of the drydock prior to 
    flooding and final cleanup after the vessel is removed and the dock is 
    raised. Cleanup procedures for oil, grease, or fuel spills occurring on 
    the drydock must also be included within the plan. The facility should 
    consider items such as sweeping rather than hosing off debris and spent 
    blasting material from the accessible areas of the drydock prior to 
    flooding and having absorbent materials and oil containment booms 
    readily available to contain and cleanup any spills.
        (g) General Yard Area--The plan must include a schedule for routine 
    yard maintenance and cleanup. Scrap metal, wood, plastic, miscellaneous 
    trash, paper, glass, industrial scrap, insulation, welding rods, 
    packaging, etc., must be routinely removed from the general yard area. 
    The facility may consider such measures as providing covered trash 
    receptacles in each yard, on each pier, and on board each vessel being 
    repaired.
        These seven areas are the common sources of pollutants in storm 
    water runoff from water transportation facilities which have vehicle 
    maintenance and/or equipment cleaning activities. Based upon the 
    September 1992 ``Best Management Practices for the Shipbuilding and 
    Repair Industry and for Bridge Maintenance Activities'' prepared by the 
    College of Engineering at the University of South Alabama, the 
    suggested management measures are commonly used at water transportation 
    facilities. EPA believes that the incorporation of management practices 
    such as those suggested will substantially reduce the potential that 
    these activities and areas will significantly contribute to the 
    pollution of storm water discharges. In addition, EPA believes that 
    these requirements continue to provide the necessary flexibility to 
    address the variable risk for pollutants in storm water discharges 
    associated with different facilities. Further, many facilities will 
    find that management measures that they have already incorporated into 
    the facility's operation, such as the installation of overfill 
    protection equipment and labelling and maintenance of used oil storage 
    units, that are already required under existing EPA programs will meet 
    the requirements of this section.
        Under the preventive maintenance requirements of the storm water 
    pollution prevention plan elements, the plan specifically includes the 
    routine inspection of sediment traps to ensure that spent abrasives, 
    paint chips, and solids will be intercepted and retained prior to 
    entering the storm drainage system. Because of the nature of operations 
    such as abrasive blasting which occur at water transportation 
    facilities, specific routine attention needs to be placed on the 
    collection and proper disposal of spent abrasive materials, paint 
    chips, and other solids.
        Under the inspection requirements of the storm water pollution 
    prevention plan elements, qualified facility personnel shall be 
    identified to inspect designated equipment and areas of the facility, 
    at a minimum, on a monthly basis. The following areas shall be included 
    in all inspections: pressure washing area, blasting and painting areas, 
    material storage areas, engine maintenance and repair areas, material 
    handling areas, drydock area, and general yard area. A set of tracking 
    or follow-up procedures shall be used to ensure that appropriate 
    actions are taken in response to the inspections. Records shall be 
    maintained.
        The purpose of the inspections is to check on the implementation of 
    the storm water pollution prevention plan. The inspections allow 
    facility personnel to monitor the success or failure of elements of the 
    plan on a regular basis. The use of an inspection checklist is highly 
    encouraged. The checklist will ensure that all required areas are 
    
    [[Page 50990]]
    inspected, as well as help to meet the record keeping requirements.
        Under the employee training component of the storm water pollution 
    prevention plan requirements, the permittee is required to identify at 
    least annual (once per year) dates for such training. Employee training 
    must, at a minimum address the following areas when applicable to a 
    facility: used oil management; spent solvent management; proper 
    disposal of spent abrasives; proper disposal of vessel wastewaters, 
    spill prevention and control; fueling procedures; general good 
    housekeeping practices; proper painting and blasting procedures; and 
    used battery management. Employees, independent contractors, and 
    customers must be informed about BMPs and be required to perform in 
    accordance with these practices. The facility must consider posting 
    easy to read descriptions or graphic depictions of BMPs and emergency 
    phone numbers in the work areas. Unlike some industrial operations, the 
    industrial activities associated with water transportation facilities 
    that may affect storm water quality require the cooperation of all 
    employees. EPA, therefore, is requiring that employee training take 
    place at least once a year to serve as: (1) Training for new employees; 
    (2) a refresher course for existing employees; (3) training for all 
    employees on any storm water pollution prevention techniques recently 
    incorporated into the plan; and (4) a forum for the facility to invite 
    independent contractors and customers to inform them on pollution 
    prevention procedures and requirements.
    Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. Under the revised 
    methodology for determining pollutants of concern for the various 
    industrial sectors water transportation facilities must perform 
    analytical monitoring. Facilities must collect and analyze samples of 
    their storm water discharges for the pollutants listed in Table Q-4. 
    The median levels of the pollutants listed in Table Q-4 were found to 
    be above benchmark levels for water transportation facilities that 
    submitted quantitative data in the group application process. EPA is 
    requiring monitoring after the pollution prevention plan has been 
    implemented to ensure that a reduction of pollutants is realized.
        At a minimum, storm water discharges from water transportation 
    facilities must be monitored quarterly during the second year of permit 
    coverage. Samples must be collected at least once in each of the 
    following periods: January through March; April through June; July 
    through September; and October through December. At the end of the 
    second year of permit coverage, a facility must calculate the average 
    concentration for each parameter listed in Table Q-4. If the permittee 
    collects more than four samples in this period, then they must 
    calculate an average concentration for each pollutant of concern for 
    all samples analyzed.
    
                  Table Q-4.--Industry Monitoring Requirements              
    ------------------------------------------------------------------------
                                                               Cut-off      
                   Pollutants of concern                    concentration   
    ------------------------------------------------------------------------
    Total Recoverable Aluminum........................  0.75 mg/L.          
    Total Recoverable Iron............................  1.0 mg/L.           
    Total Recoverable Lead............................  0.0816 mg/L.        
    Total Recoverable Zinc............................  0.065 mg/L.         
    ------------------------------------------------------------------------
    
        If the average concentration for a parameter is less than or equal 
    to the value listed in Table Q-4, then the permittee is not required to 
    conduct quantitative analysis for that parameter during the fourth year 
    of the permit. If, however, the average concentration for a parameter 
    is greater than the cut-off concentration listed in Table Q-4, then the 
    permittee is required to conduct quarterly monitoring for that 
    parameter during the fourth year of permit coverage. Monitoring is not 
    required during the first, third, and fifth year of the permit. The 
    exclusion from monitoring in the fourth year of the permit is 
    conditional on the facility maintaining industrial operations and BMPs 
    that will ensure a quality of storm water discharges consistent with 
    the average concentrations recorded during the second year of the 
    permit. The schedule of monitoring is presented in Table Q-5.
    
                                           Table Q-5.--Schedule of Monitoring                                       
                                                                                                                    
                                                                                                                    
    2nd Year of Permit Coverage..........................   Conduct quarterly monitoring.                   
                                                            Calculate the average concentration for all     
                                                            parameters analyzed during this period.                 
                                                            If average concentration is greater than the    
                                                            value listed in Table Q-5, then quarterly sampling is   
                                                            required during the fourth year of the permit.          
                                                            If average concentration is less than or equal  
                                                            to the value listed in Table Q-5, then no further       
                                                            sampling is required for that parameter.                
    4th Year of Permit Coverage..........................   Conduct quarterly monitoring for any parameter  
                                                            where the average concentration in year 2 of the permit 
                                                            is greater than the value listed in Table Q-5.          
                                                            If industrial activities or the pollution       
                                                            prevention plan have been altered such that storm water 
                                                            discharges may be adversely affected, quarterly         
                                                            monitoring is required for all parameters of concern.   
    
        In cases where the average concentration of a parameter exceeds the 
    cut-off concentration, EPA expects permittees to place special emphasis 
    on methods for reducing the presence of those parameters in storm water 
    discharges. Quarterly monitoring in the fourth year of the permit will 
    reassess the effectiveness of the adjusted pollution prevention plan.
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly chemical sampling.
        b. Alternative Certification. Throughout today's permit, EPA has 
    included monitoring requirements for facilities which the Agency 
    believes have the potential for contributing significant levels of 
    pollutants to storm water discharges. The alternative described below 
    is necessary to ensure that monitoring requirements are only imposed on 
    those facilities that do, in fact, have storm water discharges 
    containing pollutants at concentrations of concern. EPA has determined 
    
    [[Page 50991]]
    that if materials and activities are not exposed to storm water at the 
    site, then the potential for pollutants to contaminate storm water 
    discharges does not warrant monitoring.
        Therefore, a discharger is not subject to the monitoring 
    requirements of this Part provided the discharger makes a certification 
    for a given outfall, on a pollutant-by-pollutant basis in lieu of 
    monitoring reports required under paragraph c below under penalty of 
    law, signed in accordance with Part VII.G. (Signatory Requirements), 
    that material handling equipment or activities, raw materials, 
    intermediate products, final products, waste materials, by-products, 
    industrial machinery or operations, significant materials from past 
    industrial activity, that are located in areas of the facility that are 
    within the drainage area of the outfall are not presently exposed to 
    storm water and will not be exposed to storm water for the 
    certification period. Such certification must be retained in the storm 
    water pollution prevention plan and submitted to EPA. In the case of 
    certifying that a pollutant is not present, the permittee must submit 
    the certification along with the monitoring reports required under 
    paragraph (c) below. If the permittee cannot certify for an entire 
    period, they must submit the date exposure was eliminated and any 
    monitoring required up until that date. This certification option is 
    not applicable to compliance monitoring requirements associated with 
    effluent limitations. EPA does not expect facilities to be able to 
    exercise this certification for indicator parameters, such as TSS and 
    BOD.
        c. Reporting Requirements. Permittees are required to submit all 
    monitoring results obtained during the second and fourth year of permit 
    coverage within 3 months of the conclusion of each year. For each 
    outfall, one signed Discharge Monitoring Report Form must be submitted 
    per storm event sampled. For facilities conducting monitoring beyond 
    the minimum requirements an additional Discharge Monitoring Report Form 
    must be filed for each analysis. The permittee must include a 
    measurement or estimate of the total precipitation, volume of runoff, 
    and peak flow rate of runoff for each storm event sampled.
        d. Sample Type. All discharge data shall be reported for grab 
    samples. All such samples shall be collected from the discharge 
    resulting from a storm event that is greater than 0.1 inches in 
    magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. The required 
    72-hour storm event interval is waived where the preceding measurable 
    storm event did not result in a measurable discharge from the facility. 
    The required 72-hour storm event interval may also be waived where the 
    permittee documents that less than a 72-hour interval is representative 
    for local storm events during the season when sampling is being 
    conducted. The grab sample shall be taken during the first 30 minutes 
    of the discharge. If the collection of a grab sample during the first 
    30 minutes is impracticable, a grab sample can be taken during the 
    first hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable. If storm water discharges associated with 
    industrial activity commingle with process or nonprocess water, then 
    where practicable permittees must attempt to sample the storm water 
    discharge before it mixes with the non-storm water discharge.
        e. Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluent. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        f. Quarterly Visual Examination of Storm Water Quality. Quarterly 
    visual examinations of storm water discharges from each outfall are 
    required at water transportation facilities. The examination must be of 
    a grab sample collected from each storm water outfall. The examination 
    of storm water grab samples shall include any observations of color, 
    odor, clarity, floating solids, settled solids, suspended solids, foam, 
    oil sheen, or other obvious indicators of storm water pollution. The 
    examination must be conducted in a well lit area. No analytical tests 
    are required to be performed on these samples.
        The examination must be made at least once in each of the 
    designated periods during daylight unless there is insufficient 
    rainfall or snow-melt to runoff. Where practicable, the same individual 
    should carry out the collection and examination of discharges 
    throughout the life of the permit to ensure the greatest degree of 
    consistency possible. Grab samples shall be collected within the first 
    30 minutes (or as soon thereafter as practical, but not to exceed 60 
    minutes) of when the runoff begins discharging. Reports of the visual 
    examination include: the examination date and time, examination 
    personnel, visual quality of the storm water discharge, and probable 
    sources of any observed storm water contamination. The visual 
    examination reports must be maintained onsite with the pollution 
    prevention plan. The visual examination must be conducted in each of 
    the following periods: January through March; April through June; July 
    through September; and October through December.
        When a discharger is unable to collect samples over the course of 
    the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain such documentation on-site with the 
    results of the visual examinations. Adverse weather conditions which 
    may prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly visual examination.
        EPA believes that this quick and simple assessment will allow the 
    permittee to approximate the effectiveness of his/her plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the chemical properties of the storm water discharged from the 
    site, the examination will provide meaningful 
    
    [[Page 50992]]
    results upon which the facility may act quickly. The frequency of this 
    visual examination will also allow for timely adjustments to be made to 
    the plan. If BMPs are performing ineffectively, corrective action must 
    be implemented. A set of tracking or follow-up procedures must be used 
    to ensure that appropriate actions are taken in response to the 
    inspections. The visual examination is intended to be performed by 
    members of the pollution prevention team. This hands-on examination 
    will enhance the staff's understanding of the storm water problems on 
    that site and the effects of the management practices that are included 
    in the plan.
    
    R. Storm Water Discharges Associated With Industrial Activity From Ship 
    and Boat Building or Repairing Yards
    
    1. Discharges Covered Under This Section
        The storm water application regulations define storm water 
    discharges associated with industrial activity at 40 CFR 122.26(b)(14). 
    Category (ii) of this definition includes facilities commonly 
    identified by Standard Industrial Classification (SIC) codes 24 (except 
    2434), 26 (except 265 and 267), 28 (except 283 and 285), 29, 311, 32 
    (except 323), 33, 3441, and 373. The conditions in this section apply 
    to those facilities primarily engaged in ship and boat building and 
    repairing services (SIC code 373). The following is a list of the types 
    of facilities engaged in ship and boat building and repairing services:
        a. Ship Building and Repairing (SIC code 3731)--These are 
    establishments primarily engaged in building and repairing ships, 
    barges, and lighters, whether self-propelled or towed by other crafts. 
    The industry also includes the conversion and alteration of ships and 
    the manufacture of off-shore oil and gas well drilling and production 
    platforms (whether or not self-propelled). Examples include building 
    and repairing of barges, cargo vessels, combat ships, crew boats, 
    dredges, ferryboats, fishing vessels, lighthouse tenders, naval ships, 
    offshore supply boats, passenger-cargo vessels, patrol boats, sailing 
    vessels, towboats, trawlers, and tugboats.
        b. Boat Building and Repairing (SIC code 3732)--These facilities 
    are primarily engaged in building and repairing boats. Examples include 
    building and repairing of fiberglass boats, motor-boats, sailboats, 
    rowboats, canoes, dinghies, dories, small fishing boats, houseboats, 
    kayaks, lifeboats, pontoons, and skiffs.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
    2. Pollutants Found in Storm Water Discharges
        Special conditions have been developed for boat and ship building 
    and repairing operations. Common activities at ship and boat yards 
    include: vessel and equipment cleaning fluid changes, mechanical 
    repairs, parts cleaning, sanding, blasting, welding, refinishing, 
    painting, fueling, and storage of the related materials and waste 
    materials, such as oil, fuel, batteries, or oil filters. All of these 
    areas are potential sources of pollutants to storm water discharges. 
    Table R-1 lists pollutants associated with activities that commonly 
    take place at Ship Building and Repairing Facilities (SIC 3731) and 
    Boat Building and Repairing Facilities (SIC 3732).
    
       Table R-1.--Common Pollutant Sources at Ship and Boat Building and   
                              Repairing Facilities                          
    ------------------------------------------------------------------------
            Activity             Pollutant source            Pollutant      
    ------------------------------------------------------------------------
    Pressure Washing.......  Wash water.............  Paint solids, heavy   
                                                       metals, suspended    
                                                       solids.              
    Surface Preparation,     Sanding; mechanical      Spent abrasives, paint
     Paint Removal, Sanding.  grinding; abrasive       solids, heavy metals,
                              blasting; paint          solvents, dust.      
                              stripping.                                    
    Painting...............  Paint and paint thinner  Paint solids, spent   
                              spills; spray            solvents, heavy      
                              painting; paint          metals, dust.        
                              stripping; sanding;                           
                              paint cleanup.                                
    Engine Maintenance and   Parts cleaning; waste    Spent solvents, oil,  
     Repairs.                 disposal of greasy       heavy metals,        
                              rags, used fluids, and   ethylene glycol, acid/
                              batteries; use of        alkaline wastes,     
                              cleaners and             detergents.          
                              degreasers; fluid                             
                              spills; fluid                                 
                              replacement.                                  
    Material Handling:       Fueling: spills; leaks;  Fuel, oil, heavy      
     Transfer Storage         and hosing area.         metals.              
     Disposal.                                                              
                             Liquid Storage in Above  Fuel, oil, heavy      
                              Ground Storage: spills   metals, material     
                              and overfills;           being stored.        
                              external corrosion;                           
                              failure of piping                             
                              systems.                                      
                             Waste Material Storage   Paint solids, heavy   
                              and Disposal: paint      metals, spent        
                              solids; solvents;        solvents, oil.       
                              trash; spent                                  
                              abrasives, petroleum                          
                              products.                                     
    Shipboard Processes      Process and cooling      Biochemical oxygen    
     improperly discharged    water; sanitary waste;   demand (BOD),        
     to storm sewer or into   bilge and ballast        bacteria, suspended  
     receiving water.         water.                   solids, oil, fuel.   
    ------------------------------------------------------------------------
    Sources: Executive Office of the President, Office of Management and    
      Budget, 1987. Standard Industrial Classification Manual 1987. National
      Technical Information Service Order no. PB 87-100012.                 
    NPDES Storm Water Group Applications--Part 1 and Part 2. Received by EPA
      March 18, 1991 through December 31, 1992.                             
    EPA, Office of Research and Development. October 1991. ``Guides to      
      Pollution Prevention the Automotive Refinishing Industry.'' EPA/625/7-
      91/016.                                                               
    EPA, Office of Research and Development. October 1991. ``Guides to      
      Pollution Prevention the Automotive Repair Industry.'' EPA/625/7-91/  
      016.                                                                  
    EPA, Office of Research and Development. May 1992. ``Facility Pollution 
      Prevention Guide.'' EPA/600/R-92/088.                                 
    EPA, Office of Water. September 1992. ``Storm Water Management for      
      Industrial Activities--Developing Pollution Prevention Plans and Best 
      Management Practices.'' EPA 832-R-92-006.                             
    EPA, Office of Water and Hazardous Materials. December 1979. ``Draft    
      Development Document for Proposed Effluent Limitations Guidelines and 
      Standards for the Shipbuilding and Repair Industry.'' EPA/440/1-79/076-
      b.                                                                    
    
    [[Page 50993]]
                                                                            
    University of South Alabama, College of Engineering. September 1992.    
      ``Best Management Practices for the Shipbuilding and Repair Industry  
      and for Bridge Maintenance Activities.'' College of Engineering Report
      No. 92-2.                                                             
    
    
        Based on the similarities of the facilities included in this sector 
    in terms of industrial activities and significant materials, EPA 
    believes it is appropriate to discuss the potential pollutants at ship 
    and boat building and repairing facilities as a whole and not subdivide 
    this sector. Therefore, Table R-2 lists data for selected parameters 
    from facilities in the ship and boat building and repairing sector. 
    These data include the eight pollutants that all facilities were 
    required to monitor for under Form 2F, as well as the pollutants that 
    EPA determined may merit further monitoring.
    
                             Table R-2.--Statistics for Selected Pollutants Reported by Ship and Boat Building or Repairing Yards Submitting Part II Sampling Data i (mg/L)                         
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                               No. of        No. of Samples          Mean               Minimum             Maximum             Median          95th Percentile     99th Percentile 
                                             Facilities    -----------------------------------------------------------------------------------------------------------------------------------------
            PollutantSample Type         ------------------                                                                                                                                         
                                            Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5................................       29       28       51       48      4.4       6.3       0.0       0.0      23.0     138.0       2.3       0.8      17.1      25.5      32.6      67.4 
    COD.................................       29       28       51       49     73.2      70.0       0.0       0.0     450.0     810.0      53.0      33.0     259.1     264.3     503.9     579.8 
    Nitrate + Nitrite Nitrogen..........       29       28       51       49      0.79      0.82      0.00      0.00      6.00      5.00      0.72      0.71      2.36      2.35      4.28      4.22
    Total Kjeldahl Nitrogen.............       29       28       51       49      1.19      2.20      0.00      0.00      3.40     48.00      1.00      0.97      2.57      4.69      3.73      8.67
    Oil & Grease........................       29      N/A       52      N/A      1.0     N/A         0.0     N/A        14.0     N/A         0.0     N/A         5.1     N/A        15.9     N/A   
    pH..................................       23      N/A       43      N/A    N/A       N/A         4.7     N/A         8.7     N/A         7.3     N/A         8.8     N/A         9.6     N/A   
    Total Phosphorus....................       29       28       51       48      0.21      0.86      0.00      0.00      2.20     32.00      0.00      0.06      0.94      1.75      1.98      4.51
    Total Suspended Solids..............       29       27       51       48     92        45         0         0      1200       300        17        10       525       366      2294     1537    
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    3. Options for Controlling Pollutants
        The measures commonly implemented to reduce pollutants in storm 
    water discharges from boat and ship building and repairing facilities 
    are generally uncomplicated and simple to implement. Table R-3 
    identifies Best Management Practices (BMPs) associated with various 
    activities that routinely occur at boat and ship building and repair 
    facilities.
    
        Table R-3.--Common Management Practices for Storm Water Pollution   
          Prevention at Ship and Boat Building and Repairing Facilities     
    ------------------------------------------------------------------------
             Activity                               BMPs                    
    ------------------------------------------------------------------------
    Pressure washing.........  Collect discharge water and remove all       
                                visible solids before discharging to a sewer
                                system, or where permitted by an individual 
                                NPDES permit, to a drainage system, or      
                                receiving water.                            
                               Perform pressure washing only in designated  
                                areas where wash water containment can be   
                                effectively achieved.                       
                               Use no detergents or additives in the        
                                pressure wash water.                        
                               Direct deck drainage to a collection system  
                                sump for settling and/or additional         
                                treatment.                                  
                               Implement diagonal trenches or berms and     
                                sumps to contain and collect wash water at  
                                marine railways.                            
                               Use solid decking, gutters, and sumps at lift
                                platforms to contain and collect wash water 
                                for possible reuse.                         
    Surface preparation,       Enclose, cover, or contain blasting and      
     sanding, and paint         sanding activities to the maximum extent    
     removal.                   practical to prevent abrasives, dust, and   
                                paint chips from reaching storm sewers or   
                                receiving water.                            
                               Where feasible, cover drains, trenches, and  
                                drainage channels to prevent entry of       
                                blasting debris to the system.              
                               Prohibit uncontained blasting or sanding     
                                activities over open water.                 
                               Prohibit blasting or sanding activities      
                                during windy conditions which render        
                                containment ineffective.                    
                               Inspect and clean sediment traps to ensure   
                                the interception and retention of solids    
                                prior to entering the drainage system.      
                               Sweep accessible areas of the drydock to     
                                remove debris and spent sandblasting        
                                material prior to flooding.                 
                               Collect spent abrasives routinely and store  
                                under a cover to await proper disposal.     
    Painting.................  Enclose, cover, or contain painting          
                                activities to the maximum extent practical  
                                to prevent overspray from reaching the      
                                receiving water.                            
                               Prohibit uncontained spray painting          
                                activities over open water.                 
                               Prohibit spray painting activities during    
                                windy conditions which render containment   
                                ineffective.                                
                               Mix paints and solvents in designated areas  
                                away from drains, ditches, piers, and       
                                surface waters, preferably indoors or under 
                                a shed.                                     
                               Have absorbent and other cleanup items       
                                readily available for immediate cleanup of  
                                spills.                                     
                               Allow empty paint cans to dry before         
                                disposal.                                   
                               Keep paint and paint thinner away from       
                                traffic areas to avoid spills.              
                               Recycle paint, paint thinner, and solvents.  
                               Train employees on proper painting and       
                                spraying techniques, and use effective spray
                                equipment that delivers more paint to the   
                                target and less overspray.                  
    Drydock maintenance......  Clean and maintain drydock on a regular basis
                                to minimize the potential for pollutants in 
                                the storm water runoff.                     
                               Sweep accessible areas of the drydock to     
                                remove debris and spent sandblasting        
                                material prior to flooding.                 
    
    [[Page 50994]]
                                                                            
                               If hosing must be used as a removal method,  
                                collect wash water to remove solids and     
                                potential metals.                           
                               Clean the remaining areas of the dock after a
                                vessel has been removed and the dock raised.
                               Remove and properly dispose of floatable and 
                                other low-density waste (wood, plastic,     
                                insulations, etc.).                         
    Drydock activities.......  Use plastic barriers beneath the hull,       
                                between the hull and drydock walls for      
                                containment.                                
                               Use plastic barriers hung from the flying    
                                bridge of the drydock, from the bow or stern
                                of the vessel, or from temporary structures 
                                for containment.                            
                               Weight the bottom edge of the containment    
                                tarpaulins or plastic sheeting during a     
                                light breeze.                               
                               Use plywood and/or plastic sheeting to cover 
                                open areas between decks when sandblasting  
                                (scuppers, railings, freeing ports, ladders,
                                and doorways).                              
                               Install tie rings or cleats, cable suspension
                                systems, or scaffolding to make             
                                implementation containment easier.          
    Nondrydock activities....  Hang tarpaulin from the boat, fixed, or      
                                floating platforms to reduce pollutants     
                                transported by wind.                        
                               Pave or tarp surfaces under marine railways. 
                               Clean railways before the incoming tide.     
                               Haul vessels beyond the high tide zone before
                                work commences or halt work during high     
                                tide.                                       
                               Place plastic sheeting or tarpaulin          
                                underneath boats to contain and collect     
                                waste and spent materials and clean and     
                                sweep regularly to remove debris.           
                               Use fixed or floating platforms with         
                                appropriate plastic or tarpaulin barriers as
                                work surfaces and for containment when work 
                                is performed on a vessel in the water to    
                                prevent blast material or paint overspray   
                                from contacting storm water or the receiving
                                water.                                      
                               Sweep rather than hose debris present on the 
                                dock.                                       
    Engine maintenance and     Maintain an organized inventory of materials 
     repairs.                   used in the maintenance shop.               
                               Dispose of greasy rag, oil filters, air      
                                filters, batteries, spent coolant, and      
                                degreasers properly.                        
                               Label and track the recycling of waste       
                                material (i.e., used oil, spent solvents,   
                                batteries).                                 
                               Drain oil filters before disposal or         
                                recycling.                                  
                               Store cracked batteries in a nonleaking      
                                secondary container.                        
                               Promptly transfer used fluids to the proper  
                                container; do not leave full drip pans or   
                                other open containers around the shop. Empty
                                and clean drip pans and containers.         
                               Do not pour liquid waste down floor drains,  
                                sinks, or outdoor storm drain inlets.       
                               Plug floor drains that are connected to the  
                                storm or sanitary sewer; if necessary,      
                                install a sump that is pumped regularly.    
                               Inspect the maintenance area regularly for   
                                proper implementation of control measures.  
                               Train employees on proper waste control and  
                                disposal procedures.                        
    Material Handling........  Store permanent tanks in a paved area        
                                surrounded by a dike system which provides  
                                sufficient containment for the larger of    
                                either 10 percent of the volume of all      
                                containers or 110 percent of the volume of  
                                the largest tank.                           
    Bulk liquid storage and    Maintain good integrity of all storage tanks.
     containment.                                                           
                               Inspect storage tanks to detect potential    
                                leaks and perform preventive maintenance.   
                               Inspect piping systems (pipes, pumps,        
                                flanges, couplings, hoses, valves) for      
                                failures or leaks.                          
                               Train employees on proper filling and        
                                transfer procedures.                        
    Material Handling........  Store containerized materials (fuels, paints,
                                solvents, etc.) in a protected, secure      
                                location and away from drains.              
    Containerized material     Store reactive, ignitable, or flammable      
     storage.                   liquids in compliance with the local fire   
                                code.                                       
                               Identify potentially hazardous materials,    
                                their characteristics, and use.             
                               Control excessive purchasing, storage, and   
                                handling of potentially hazardous materials.
                               Keep records to identify quantity, receipt   
                                date, service life, users, and disposal     
                                routes.                                     
                               Secure and carefully monitor hazardous       
                                materials to prevent theft, vandalism, and  
                                misuse of materials.                        
                               Educate personnel for proper storage, use,   
                                cleanup, and disposal of materials.         
                               Provide sufficient containment for outdoor   
                                storage areas for the larger of either 10   
                                percent of the volume of all containers or  
                                110 percent of the volume of the largest    
                                tank.                                       
                               Use temporary containment where required by  
                                portable drip pans.                         
                               Use spill troughs for drums with taps.       
    Material Handling........  Mix paints and solvents in designated areas  
                                away from drains, ditches, piers, and       
                                surface waters. Locate designated areas     
                                preferably indoors or under a shed.         
    Designated material        If spills occur,                             
     mixing areas.                                                          
                               Stop the source of the spill immediately.    
                               Contain the liquid until cleanup is complete.
                               Deploy oil containment booms if the spill may
                                reach the water.                            
                               Cover the spill with absorbent material.     
                               Keep the area well ventilated.               
                               Dispose of cleanup materials properly.       
                               Do not use emulsifier or dispersant.         
    Shipboard process water    Keep process and cooling water used aboard   
     handling.                  ships separate from sanitary wastes to      
                                minimize disposal costs for the sanitary    
                                wastes.                                     
                               Keep process and cooling water from contact  
                                with spent abrasives and paint to avoid     
                                pollution of the receiving water.           
                               Inspect connecting hoses for leaks.          
    
    [[Page 50995]]
                                                                            
    Shipboard sanitary waste   Discharge sanitary wastes from the ship being
     disposal.                  repaired to the yard's sanitary system or   
                                dispose of by a commercial waste disposal   
                                company.                                    
                               Use appropriate material transfer procedures,
                                including spill prevention and containment  
                                activities.                                 
    Bilge and Ballast water..  Collect and dispose of bilge and ballast     
                                waters which contain oils, solvents,        
                                detergents, or other additives to a licensed
                                waste disposal company.                     
    ------------------------------------------------------------------------
    Sources: EPA, Office of Water. 1993. ``Guidance Specifying Management   
      Measures for Survey of Nonpoint Pollution in Coastal Waters.'' 840-B- 
      92-002.                                                               
    University of South Alabama, College of Engineering. September 1992.    
      Best Management Practices for the Shipbuilding and Repair Industry and
      for Bridge Maintenance Activities. College of Engineering Report No.  
      92-2.                                                                 
    NPDES Storm Water Group Applications--Part 1. Received by EPA March 18, 
      1991 through December 31, 1992.                                       
    
    
    4. Pollutant Control Measures Required Through Other EPA Programs
        EPA recognizes that the Resource Conservation and Recovery Act 
    (RCRA) and the Underground Storage Tank (UST) programs require careful 
    management of materials used at Ship Building and Repairing Facilities 
    and Boat Building and Repairing Facilities.
        Under the RCRA program, on September 10, 1992, EPA promulgated 
    standards in 40 CFR Part 279 for the management of used oils that are 
    recycled (57 FR 41566). These standards include requirements for used 
    oil generators, transporters, processors/re-refiners, and burners. The 
    standards for used oil generators apply to all generators, regardless 
    of the amount of used oil they generate. Do-it-yourself (DIY) 
    generators which generate used oil from the maintenance of their 
    personal vehicles, however, are not subject to the management standards 
    (Subsection 279.20(a)(1)).
        The requirements for used oil generators were designed to impose 
    minimal burden on generators while protecting human health and the 
    environment from the risks associated with managing used oil. Under 
    Subpart C of 40 CFR Part 279, used oil generators must not store used 
    oil in units other than tanks, containers, or units subject to 
    regulation under Part 264 or 265 of 40 CFR 279.22(a). In other words, 
    generators may store used oil in tanks or containers that are not 
    subject to Subpart J (Hazardous Waste Tanks) or Subpart I (Containers) 
    of Parts 264/265, as long as such tanks or containers are maintained in 
    compliance with the used oil management standards. This does not 
    preclude generators from storing used oil in Subpart J tanks or Subpart 
    I containers or other units, such as surface impoundments (Subpart K), 
    that are subject to regulation under Part 264 or 265.
        Storage units at generator facilities must be maintained in good 
    condition and labeled with the words ``used oil.'' Upon detection of a 
    release of used oil to the environment, a generator must take steps to 
    stop the release, contain the released used oil, and properly manage 
    the released used oil and other materials (Sections 279.22(b)-(d)). 
    Generators storing used oil in underground storage tanks are subject to 
    the UST regulations (40 CFR Part 280).
        If used oil generators ship used oil offsite for recycling, they 
    must use a transporter who has notified EPA and obtained an EPA 
    identification number (Section 279.24).
        The technical standards for USTs at 40 CFR Part 280 require that 
    new UST systems (defined as systems for which installation commenced 
    after December 12, 1988) use overfill prevention equipment that will: 
    (1) Automatically shut off flow into the tank when the tank is no more 
    than 95 percent full; or (2) alert the transfer operator when the tank 
    is no more than 90 percent full by restricting the flow into the tank 
    or triggering a high level alarm. The preceding requirements do no 
    apply to systems that are filled by transfers of no more than 25 
    gallons at one time. Existing UST systems (defined as systems for which 
    installation has commenced on or before December 12, 1988) are required 
    to have installed the described overfill prevention equipment by 
    December 12, 1998.
    5. Special Conditions
        a. Prohibition of Non-storm Water Discharges. In addition to the 
    prohibitions in part III.A., this section of today's permit does not 
    authorize prohibited non-storm water discharges of wastewaters, such as 
    bilge and ballast water, sanitary wastes, pressure washwater, and 
    cooling water originating from vessels. The operators of such 
    discharges must obtain coverage under a separate NPDES permit if 
    discharged to waters of the U.S. or through a municipal separate storm 
    sewer system. Part III.A.2 of today's permit does, however, authorize 
    certain non-storm water discharges.
    6. Storm Water Pollution Prevention Plan Requirements
        The conditions that apply to ship and boat building and repairing 
    facilities build upon the requirements set forth in the front of this 
    fact sheet which are based on the requirements of the September 9, 1992 
    baseline general permit. The discussion which follows, therefore, only 
    addresses conditions that differ from those baseline conditions.
    
    a. Contents of the Plan
    
        (1) Description of Potential Pollutant Sources. Under the 
    description of potential pollutant sources in the storm water pollution 
    prevention plan requirements, permittees are required to include the 
    location(s) on their facility site map where engine maintenance and 
    repair work, vessel maintenance and repair work, and pressure washing 
    are performed. This requirement is the same as the baseline 
    requirements presented in the front of this fact sheet, but here it is 
    expressed in more appropriate terms for the ship and boat industry. 
    Rather than requiring the location of ``storage areas'' as in the 
    baseline general permit, this storm water pollution prevention plan 
    specifies that the location of liquid storage areas (i.e., paint, 
    solvents, resins) and material storage areas (i.e., blasting media, 
    aluminum, steel) be shown. In addition, the site map must also indicate 
    the outfall locations and the types of discharges contained in the 
    drainage areas of the outfalls (e.g. storm water and air conditioner 
    condensate). In order to increase the readability of the map, the 
    inventory of the types of discharges contained in each outfall may be 
    kept as an attachment to the site map.
        (2) Measures and Controls. Under the description of measures and 
    controls in the storm water pollution prevention plan requirements, 
    this section requires 
    
    [[Page 50996]]
    that all areas that may contribute pollutants to storm waters 
    discharges shall be maintained in a clean and orderly manner. This 
    section of today's permit also requires that the following areas be 
    specifically addressed:
        (a) Pressure Washing Area--When pressure washing is used to remove 
    marine growth from vessels, the discharge water must be collected or 
    contained and disposed of as required by the NPDES permit for this 
    process water, if the discharge is to waters of the U.S. or through a 
    municipal separate storm sewer. The plan must describe the measures to 
    collect or contain the discharge from the pressure washing area, detail 
    the method for the removal of the visible solids, describe the method 
    of disposal of the collected solids, and identify where the discharge 
    will be released (i.e., the receiving waterbody, storm sewer system, 
    sanitary sewer system).
        (b) Blasting and Painting Areas--The facility must consider 
    containing all blasting and painting activities to prevent abrasives, 
    paint chips, and overspray from reaching a receiving waterbody or storm 
    sewer system. The plan must describe measures taken at the facility to 
    prevent or minimize the discharge of spent abrasive, paint chips, and 
    paint into the receiving waterbody and storm sewer system. The facility 
    may consider hanging plastic barriers or tarpaulins during blasting or 
    painting operations to contain debris. Where appropriate, a schedule 
    for cleaning storm water conveyances to remove deposits of abrasive 
    blasting debris and paint chips should be addressed within the plan. 
    The plan should include any standard operating practices with regard to 
    blasting and painting activities. Such items may include the 
    prohibition of performing uncontained blasting and painting over open 
    water or blasting and painting during windy conditions which can render 
    containment ineffective.
        (c) Material Storage Areas--All stored and containerized materials 
    (fuels, paints, solvents, waste oil, antifreeze, batteries) must be 
    stored in a protected, secure location away from drains and plainly 
    labeled. The plan must describe measures that prevent or minimize 
    contamination of the storm water runoff from such storage areas. The 
    facility must specify which materials are stored indoors and consider 
    containment or cover for materials that are stored outdoors. Above 
    ground storage tanks, drums, and barrels permanently stored outside 
    must be delineated on the site map with a description of the 
    containment measures in place to prevent leaks and spills. The facility 
    must consider implementing an inventory control plan to prevent 
    excessive purchasing, storage, and handling of potentially hazardous 
    materials. Those facilities where abrasive blasting is performed must 
    specifically include within the plan discussion on the storage and 
    proper disposal of spent abrasive generated at the facility.
        (d) Engine Maintenance and Repair Areas--The plan must describe 
    measures that prevent or minimize contamination of the storm water 
    runoff from all areas used for engine maintenance and repair. The 
    facility must consider performing all maintenance activities indoors, 
    maintaining an organized inventory of materials used in the shop, 
    draining all parts of fluids prior to disposal, prohibiting the 
    practice of hosing down the shop floor where the practice would result 
    in the exposure of pollutants to storm water, using dry cleanup 
    methods, and/or collecting the storm water runoff from the maintenance 
    area and providing treatment or recycling.
        (e) Material Handling Areas--The plan must describe measures that 
    prevent or minimize contamination of the storm water runoff from 
    material handling operations and areas (i.e., fueling, paint and 
    solvent mixing, disposal of process wastewater streams from vessels). 
    The facility must consider covering fueling areas; using spill and 
    overflow protection; mixing paints and solvents in a designated area, 
    preferably indoors or under a shed; and minimizing runon of storm water 
    to material handling areas. Where applicable, the plan must address the 
    replacement or repair of leaking connections, valves, pipes, hoses, and 
    soil chutes carrying wastewater from vessels.
        (f) Drydock Activities--The plan must address the routine 
    maintenance and cleaning of the drydock to minimize the potential for 
    pollutants in storm water runoff. The facility must describe the 
    procedures for cleaning the accessible areas of the drydock prior to 
    flooding and the final cleanup after the vessel is removed and the dock 
    is raised. Cleanup procedures for oil, grease, or fuel spills occurring 
    on the drydock must also be included within the plan. The facility must 
    consider items such as sweeping rather than hosing off debris and spent 
    blasting material from the accessible areas of the drydock prior to 
    flooding and having absorbent materials and oil containment booms 
    readily available to contain and cleanup any spills.
        (g) General Yard Area--The plan must include a schedule for routine 
    yard maintenance and cleanup. Scrap metal, wood, plastic, miscellaneous 
    trash, paper, glass, industrial scrap, insulation, welding rods, 
    packaging, etc., must be routinely removed from the general yard area. 
    The facility must consider such measures as providing covered trash 
    receptacles in each yard, on each pier, and on board each vessel being 
    repaired.
        These seven areas are the common sources of pollutants in storm 
    water from ship building and repairing and boat building and repairing 
    activities. Based upon Best Management Practices for the Shipbuilding 
    and Repair Industry and for Bridge Maintenance Activities prepared by 
    the College of Engineering at the University of South Alabama, the 
    suggested management measures are commonly used at ship and boat 
    facilities. EPA believes that the incorporation of management practices 
    such as those suggested will substantially reduce the potential for 
    these activities and areas to contribute pollutants to storm water 
    discharges. In addition, EPA believes that these requirements will 
    continue to provide the necessary flexibility to address the variable 
    risk for pollutants in storm water discharges associated with different 
    facilities. Many facilities will find that appropriate management 
    measures are already employed at the facility because they have been 
    required under an existing EPA program.
        The preventive maintenance requirements specifically include the 
    routine inspection of sediment traps to ensure that spent abrasives, 
    paint chips, and solids will be intercepted and retained prior to 
    entering the storm drainage system. Because of the nature of operations 
    occurring at ship and boat facilities, routine attention needs to be 
    placed on the collection and proper disposal of spent abrasive, paint 
    chips, and other solids.
        In addition to the comprehensive site evaluation required under 
    Part XI.R.3.a.(4) of today's permit, qualified facility personnel shall 
    be identified to inspect designated equipment and areas of the 
    facility, at a minimum, on a monthly basis. The following areas shall 
    be included in all inspections: pressure washing areas, blasting and 
    painting areas, material storage areas, engine maintenance and repair 
    areas, material handling areas, drydock areas, and general yard areas. 
    A set of tracking or follow-up procedures shall be used to ensure that 
    appropriate actions are taken in response to the inspections. Records 
    shall be maintained.
        The purpose of the inspections is to check on the implementation 
    and effectiveness of the storm water 
    
    [[Page 50997]]
    pollution prevention plan. The inspections allow facility personnel to 
    monitor the success or failure of elements of the plan on a regular 
    basis. The use of an inspection checklist is encouraged. The checklist 
    will ensure that all required areas are inspected, as well as help to 
    meet the record keeping requirements.
        The permittee is required to identify annual (once per year) dates 
    for employee training. Employee training must, at a minimum address the 
    following areas when applicable to a facility: used oil management; 
    spent solvent management; proper disposal of spent abrasives; proper 
    disposal of vessel wastewaters, spill prevention and control; fueling 
    procedures; general good housekeeping practices; proper painting and 
    blasting procedures; and used battery management. Employees, 
    independent contractors, and customers must be informed about BMPs and 
    be required to perform in accordance with these practices. The 
    permittee is required to consider posting easy to read or graphic 
    depictions of BMPs that are included in the plan as well as emergency 
    phone numbers in the work areas. This practice will enhance employees 
    understanding the pollutant control measures. Unlike some industrial 
    operations, the industrial activities associated with ship and boat 
    building and repair facilities that may affect storm water quality 
    require the cooperation of all employees. EPA, therefore, is requiring 
    that employee training take place at least once a year to serve as: (1) 
    Training for new employees; (2) a refresher course for existing 
    employees; (3) training for all employees on any storm water pollution 
    prevention techniques recently incorporated into the plan; and (4) a 
    forum for the facility to invite independent contractors and customers 
    to inform them of pollution prevention procedures and requirements.
    7. Numeric Effluent Limitation
        There are no additional numeric effluent limitations beyond those 
    described in Part V.B. of today's permit.
    8. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. Under the Storm Water 
    Regulations at 40 CFR 122.26(b)(14), EPA defined ``storm water 
    discharge associated with industrial activity.'' The focus of today's 
    permit is to address the presence of pollutants that are associated 
    with the industrial activities identified in this definition and that 
    might be found in storm water discharges. Under the methodology for 
    determining analytical monitoring requirements, described in section 
    VI.E.1 of this fact sheet, nitrate plus nitrite nitrogen is above the 
    bench mark concentrations for the ship and boat building or repair 
    yards sector. After a review of the nature of industrial activities and 
    the significant materials exposed to storm water described by 
    facilities in this sector, EPA has determined that the higher 
    concentrations of nitrate plus nitrite nitrogen are not likely to be 
    caused by the industrial activity, but may be primarily due to non-
    industrial activities on-site. Today's permit does not require ship and 
    boat building or repair yards facilities to conduct analytical 
    monitoring for this parameter. Therefore, under the revised methodology 
    for determining pollutants of concern in the various industrial 
    sectors, no analytical monitoring is required by ship and boat building 
    and repairing facilities.
        b. Quarterly Visual Examination of Storm Water Quality. Ship and 
    boat building or repair yard facilities shall perform and document a 
    visual examination of a storm water discharge associated with 
    industrial activity from each outfall, except discharges exempted under 
    paragraph (3) below. The examination(s) must be made at least once in 
    each of the following 3-month periods: January through March, April 
    through June, July through September, and October through December. The 
    examination shall be made during daylight hours unless there is 
    insufficient rainfall or snow melt to produce a runoff event.
        (1) Examinations shall be made of grab samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    1 hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual should carry out the collection and 
    examination of discharges for entire permit term.
        (2) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (3) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfall(s) provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (4) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examinations. Adverse weather conditions that may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (5) EPA realizes that if a facility is inactive and unstaffed it 
    may be difficult to collect storm water discharge samples when a 
    qualifying event occurs. Today's final permit has been revised so that 
    inactive, unstaffed facilities can exercise a waiver of the requirement 
    to conduct quarterly visual examination.
        EPA believes that this quick and simple assessment will allow the 
    permittee to approximate the effectiveness of his/her plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the 
    
    [[Page 50998]]
    chemical properties of the storm water discharged from the site, the 
    examination will provide meaningful results upon which the facility may 
    act quickly. The frequency of this visual examination will also allow 
    for timely adjustments to be made to the plan. If BMPs are performing 
    ineffectively, corrective action must be implemented. A set of tracking 
    or follow-up procedures must be used to ensure that appropriate actions 
    are taken in response to the examinations. The visual examination is 
    intended to be performed by members of the pollution prevention team. 
    This hands-on examination will enhance the staff's understanding of the 
    storm water problems on that site and the effects of the management 
    practices that are included in the plan.
    
    S. Storm Water Discharges Associated With Industrial Activity From 
    Vehicle Maintenance Areas, Equipment Cleaning Areas, or Deicing Areas 
    Located at Air Transportation Facilities
    
    1. Discharges Covered Under This Section
        The conditions in this section apply to airports, airport 
    terminals, airline carriers, and establishments engaged in servicing, 
    repairing, or maintaining aircraft and ground vehicles, equipment 
    cleaning and maintenance (including vehicle and equipment 
    rehabilitation mechanical repairs, painting, fueling, lubrication) or 
    deicing/anti-icing operations which conduct the above described 
    activities (facilities generally classified as SIC code 45). For the 
    purpose of this final permit, the term ``deicing'' is defined as the 
    process to remove frost, snow, or ice and ``anti-icing'' is the process 
    which prevents the accumulation of frost, snow, or ice. Both of these 
    activities are covered under this permit.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        a. Responsible Parties. Airports typically operate under a single 
    management organization known as the airport ``authority'' which in 
    most cases is a public agency. Airline carriers and other fixed base 
    operators (e.g., fueling companies and maintenance shops) that have 
    contracts with the airport authority to conduct business on airport 
    property are commonly referred to as ``tenants'' of the airport. 
    Tenants may be of two types--those that are regulated as storm water 
    dischargers associated with industrial activities under 40 CFR 
    122.26(b)(14) and those that are not. The operator and the tenants of 
    the airport that conduct industrial activities as described above, or 
    as described anywhere in 40 CFR 122.26(b)(14) and which have storm 
    water discharges, are required to apply for coverage under an NPDES 
    storm water permit for the discharges from their areas of operation. 
    Where an airport has multiple operators (airport authority and tenants) 
    that have storm water discharges associated with industrial activity, 
    as described above, each operator is required to apply for coverage 
    under an NPDES storm water permit. This may be done as separate 
    operators or may be done as co-permittees. Regardless, each individual 
    party, whether a co-permittee or a separate permittee, must submit a 
    notice of intent (NOI) to be covered under today's permit. During 
    implementation of the storm water pollution prevention plan, the 
    airport authority should work cooperatively with tenants that are not 
    required to have a NPDES permit for their storm water discharges. The 
    airport authority may accomplish this through negotiated agreements, 
    contractual requirements, or other means. Ultimately, the operator(s)/
    owner(s) (the airport authority) of the storm water outfalls from the 
    airport is(are) responsible for compliance with all terms and 
    conditions of this or other NPDES permits applicable to those outfalls. 
    Storm water pollution prevention plans developed separately for areas 
    of the airport facility occupied by tenants of the airport that are 
    regulated under 40 CFR 122.26(b)(14) as a storm water discharge 
    associated with industrial activity shall be integrated into the storm 
    water pollution prevention plan for the entire airport facility.
        The airport authority and tenants of the airport are encouraged to 
    apply as co-permittees under today's permit, and to work in partnership 
    in the development and implementation of a storm water pollution 
    prevention plan.
    2. Pollutants Found in Storm Water Discharges
        In general, the quantitative data submitted thus far has not raised 
    any particular areas of concern with respect to discharges of 
    pollutants resulting from vehicle maintenance and/or deicing/anti-icing 
    operations conducted at airport facilities. However, EPA believes that 
    the part 2 sampling data does not provide justification that discharges 
    resulting from deicing/anti-icing operations are not a significant 
    source of pollutants. The sampling requirements for part 2 of the group 
    application did not specify that facilities must sample storm water 
    discharges from areas where deicing/anti-icing activities occur and/or 
    during times when such operations were being conducted. As a result, 
    only one facility indicated that the sampling data submitted was 
    collected from areas where deicing activities were being conducted. 
    After reviewing recent case studies on the effects of glycol discharges 
    to receiving waters, EPA reports and the results of FAA surveys, EPA 
    believes that additional information on the discharges of deicing/anti-
    icing chemicals to receiving waters as a result of aircraft and runway 
    deicing/anti-icing operations is warranted and necessary.
        Both ethylene and propylene glycols exert high oxygen demands when 
    released into receiving waters. As such, this section requires that 
    facilities report both the Biochemical Oxygen Demand (BOD) and Chemical 
    Oxygen Demand (COD) of discharges sampled at facilities that use at 
    least 100,000 gallons or more of glycol-based deicing/anti-icing 
    chemicals. The concentration of nitrogen and possibly ammonia are the 
    concern with respect to deicing/anti-icing operations where urea is 
    used. Therefore, this section requires that facilities subject to the 
    monitoring requirements in Part XI.S.5. of the permit also report the 
    concentration of Total Kjeldahl Nitrogen (TKN) in discharges sampled.
        The results of the storm water survey conducted by the FAA (June 
    1992) showed that 10 percent of the respondents who conduct deicing/
    anti-icing activities used more than 100,000 gallons of glycol-based 
    deicing/anti-icing chemicals during winter seasons. In addition, those 
    facilities using more than 100,000 gallons of glycol-based deicing/
    anti-icing chemicals accounted for 71 percent of the total amount of 
    glycol-based deicing/anti-icing chemicals reported in the survey. In a 
    similar survey conducted by the American Association of Airport 
    
    [[Page 50999]]
    Executives, 4 percent of the airports conducting deicing/anti-icing 
    activities used more than 100,000 gallons of ethylene glycol which 
    represented approximately 76 percent of the total amount of ethylene 
    glycol used by all airports surveyed.
    3. Special Conditions
        a. Prohibition of Non-storm Water Discharges. In addition to the 
    non-storm water prohibitions described under Part III.A.2, today's 
    permit clarifies in Part XI.S.2.a (Prohibition of Non-storm Water 
    Discharges) that non-storm water discharges, including discharges from 
    aircraft, ground vehicle and equipment washwaters, dry weather 
    discharges from airport deicing/anti-icing operations, and dry weather 
    discharges resulting from runway maintenance are not authorized under 
    this permit. Dry weather discharges are generated from processes other 
    than those described in the definition of storm water. The definition 
    of storm water includes storm water runoff, snow melt runoff, and 
    surface runoff and drainage. There is no limit on the time between the 
    snowfall and snow melt for the purpose of including a snow melt 
    discharge in the definition of storm water. All other discharges not 
    included in the definition of storm water constitute non-storm water 
    discharges. Operators of non-storm water discharges must obtain 
    coverage under a separate NPDES wastewater permit if such discharges 
    are a point source discharge to waters of the U.S. or are discharged 
    through a municipal separate storm sewer system. In a related 
    requirement, the permittee is required to attach a copy of the NPDES 
    permit issued for the discharge of non-storm water runoff or, if an 
    NPDES permit has not yet been issued, a copy of the pending application 
    to the plan. For facilities that discharge the waters mentioned above 
    to a sanitary sewer system, the operator of the sanitary sewer system 
    must be notified. A copy of the notification letter must be attached to 
    the plan. If an industrial user permit has been issued under a 
    pretreatment program, a copy of the permit must be attached to the plan 
    as does any other permit to which the facility's discharge waters are 
    subject. This will help to prevent confusion and help to ensure that 
    non-storm water discharges are not inadvertently authorized by this 
    permit.
        b. Releases of Reportable Quantities of Hazardous Substances and 
    Oil. Today's permit clarifies in Part XI.S.2.b (Releases of Reportable 
    Quantities of Hazardous Substances and Oil) that each individual 
    permittee is required to report spills equal to or exceeding the RQ 
    levels specified at 40 CFR 110, 117 and 302. If the airport authority 
    is the sole permittee, then the sum total of all spills at the airport 
    must be assessed against the RQ. If the airport authority is a co-
    permittee with other deicing/anti-icing operators at the airport, such 
    as numerous different airlines, the assessed amount must be the 
    summation of spills by each co-permittee. If separate, distinct 
    individual permittees exist at the airport, then the amount spilled by 
    each separate permittee must be the assessed amount for the RQ 
    determination.
    4. Storm Water Pollution Prevention Plan Requirements
        a. Contents of the Plan. The pollution prevention plan requirements 
    described below are in addition to those found under Part VI.C.
        (1) Description of Potential Pollutant Sources. In addition to the 
    common pollution prevention plan requirements discussed in Part 
    VI.C.2.a. (Drainage), the site map developed for an entire airport 
    shall identify the location of each tenant of the facility describe 
    their activities.
        In addition to the pollution prevention requirements discussed in 
    Part VI.C.2. (Description of Potential Pollutant Sources), airport 
    facilities, including areas operated by tenants of the facility that 
    conduct industrial activities, must address the following specific 
    operations and areas where the operations occur:
        Aircraft Deicing/Anti-icing--Includes both deicing to remove frost, 
    snow or ice, and anti-icing which prevents the accumulation of frost, 
    snow or ice. Deicing/anti-icing of an airplane is accomplished through 
    the application of a freezing point depressant fluid, commonly ethylene 
    glycol or propylene glycol, to the exterior surface of an aircraft. 
    Both ethylene and propylene glycol have high biochemical oxygen demands 
    (BOD) when discharged to receiving waters. Environmental impacts on 
    surface waters due to glycol discharges includes glycol odors and 
    glycol contaminated surface water and ground water systems, diminished 
    dissolved oxygen levels and fish kills.
        The Federal Aviation Administration (FAA) recently conducted a 
    survey which focused on aircraft and runway deicing/anti-icing 
    operations at U.S. airports. Ninety-six airports responded to the 
    survey and results are summarized in a final report dated June 1, 1992. 
    In summary, 65 airports indicated the amounts of ethylene glycol used 
    for aircraft deicing for the winter periods of 1989-90 and 1990-91 and 
    the volumes used by each airport ranged significantly, from a few 
    gallons to 520,000 gallons. The average annual volume of ethylene 
    glycol used by all respondents for the winter periods of 1989-90 and 
    1990-91 was approximately 2.16 million gallons.
        The FAA survey summary reported that the majority of aircraft 
    deicing operations occur on the apron adjacent to the passenger 
    terminal and runoff generally drains to a nearby storm water inlet. In 
    fact, 31 of the respondents to the FAA survey indicated that 75 percent 
    or more of the spent deicing chemicals were discharged to a storm sewer 
    system. In general, the remainder of spent chemical resulting from 
    aircraft deicing operations drained to ditches or open areas.
        All aspects of aircraft deicing/anti-icing operations, including 
    quantities used and stored, as well as application, handling and 
    storage procedures are required to be addressed under the conditions of 
    this section.
        (b) Runway Deicing/Anti-icing--Includes both deicing and anti-icing 
    operations conducted on runways, taxiways and ramps. Runway deicing/
    anti-icing commonly involves either the application of chemical fluids 
    such as ethylene glycol or solid constituents such as pelletized urea. 
    Urea has a high nitrogen content, therefore degradation of urea in a 
    receiving water causes an increase in nutrient loadings resulting in an 
    accelerated growth of algae and eutrophic conditions. Under certain 
    ambient conditions, the degradation of urea in receiving waters can 
    also result in ammonia concentrations toxic to aquatic life.
        The FAA's storm water survey reported that, of the facilities that 
    indicated using urea for runway deicing/anti-icing for the winter 
    periods of 1989-90 and 1990-91, the amount of urea used during a single 
    winter period ranged from 100 pounds to 1,450,000 pounds (715 tons). 
    With regard to disposal of spent deicing/anti-icing chemicals from 
    runways, taxiways and ramps, 20 airports indicated that they discharged 
    50 percent or more of runoff from deicing areas directly to a storm 
    sewer system. In response to questions concerning collection and 
    treatment of spent deicing chemicals from runway deicing/anti-icing 
    activities, only five facilities indicated that runoff from runway 
    deicing/anti-icing operations was collected and treated.
        All aspects of runway deicing/anti-icing operations, including 
    types of deicing/anti-icing chemicals, quantities used and stored, as 
    well as application, handling and storage procedures are required to be 
    addressed under the conditions of this section. 
    
    [[Page 51000]]
    
        (c) Aircraft Servicing--Typically conducted on the apron area 
    adjacent to the passenger terminal, the servicing of aircraft could 
    potentially contribute pollutants to storm water. As a result of spills 
    or leaks during the servicing of aircraft, fluids such as engine oil, 
    hydraulic fluid, fuel and lavatory waste could potentially enter the 
    storm water system and/or be discharged to receiving waters. All 
    spillage other than potable water should be prevented from entering the 
    storm sewer system.
        (d) Aircraft, Ground Vehicle and Equipment Maintenance and 
    Washing--Maintenance activities included in this section include both 
    minor and major operations conducted either on the apron adjacent to 
    the passenger terminal, or at dedicated maintenance facilities. 
    Potential pollutant sources from all types of maintenance activities 
    include spills and leaks of engine oils, hydraulic fluids, transmission 
    oil, radiator fluids, and chemical solvents used for parts cleaning. In 
    addition, the disposal of waste parts, batteries, oil and fuel filters, 
    and oily rags also have a potential for contaminating storm water 
    runoff from maintenance areas unless proper management practices and 
    operating procedures are implemented. The spent wash water from 
    aircraft and ground vehicle washing activities could potentially be 
    contaminated with surface dirt, metals, and fluids (fuel, hydraulic 
    fluid, oil, lavatory waste).
        (e) Runway Maintenance--Over time, materials such as tire rubber, 
    oil and grease, paint chips, and jet fuel can build up on the surface 
    of a runway causing a reduction in the friction of the pavement 
    surface. When the friction level of a runway falls below a specific 
    level, then maintenance must be performed. The Federal Aviation 
    Administration (FAA) recommends several methods for removing rubber 
    deposits and other contaminants from a runway surface including high 
    pressure water, chemical solvents, high velocity particle impact, and 
    mechanical grinding. If not properly managed, the materials removed 
    from the runway surface could be discharged into nearby surface waters. 
    Similarly, if chemical solvents are used in the maintenance operation, 
    improper management practices could result in discharges of the 
    chemical solvents in the storm water runoff from runway areas to nearby 
    surface waters.
        (2) Measures and Controls. In addition to the common pollution 
    prevention plan requirements discussed in Part VI.C.3. (Measures and 
    Controls), this section specifies that permittees must address 
    particular Best Management Practices (BMP) for specific areas and 
    operations identified as potential sources of pollutants. This section 
    further specifies that a schedule for implementation shall be provided 
    for each BMP selected. The BMPs specified in this section are not 
    intended to be the only alternative management practices considered by 
    operators, simply the minimum to be considered. In most cases, the BMPs 
    specified are common sense approaches that are already in practice at 
    many airport facilities. As such, operators may only need to include 
    the information in their storm water pollution prevention plan. 
    Specific areas and industrial operations mentioned in this section and 
    the corresponding BMPs for such areas are the following:
        (a) Aircraft, Ground Vehicle and Equipment Maintenance Areas 
    (including aircraft service areas)--The plan must describe measures 
    that prevent or minimize the contamination of storm water runoff from 
    all areas used for aircraft, ground vehicle and equipment maintenance 
    and servicing. Management practices such as performing all maintenance 
    activities indoors, maintaining an organized inventory of materials 
    used, draining all parts of fluids prior to disposal, prohibiting the 
    practice of hosing down the apron or hangar floor, using dry cleanup 
    methods in the event of spills, and/or collecting the storm water 
    runoff from maintenance and/or service areas and providing treatment, 
    or recycling should be considered.
        (b) Aircraft, Ground Vehicle, and Equipment Cleaning Areas--The 
    plan must describe measures that prevent or minimize the contamination 
    of the storm water runoff from all areas used for aircraft, ground 
    vehicle, and equipment maintenance. Management practices such as 
    performing all cleaning operations indoors, and/or collecting the storm 
    water runoff from the area and providing treatment or recycling should 
    be considered.
        (c) Aircraft, Ground Vehicle, and Equipment Storage Areas--The 
    storage of aircraft, ground vehicles, and equipment awaiting 
    maintenance must be confined to designated areas (delineated on the 
    site map). The plan must describe measures that prevent or minimize the 
    contamination of storm water runoff from these areas. Management 
    practices such as indoor storage of aircraft and ground vehicles, the 
    use of drip pans for the collection of fluid leaks, and perimeter 
    drains, dikes or berms surrounding storage areas should be considered.
        (d) Material Storage Areas--Storage units of all materials (e.g., 
    used oils, hydraulic fluids, spent solvents and waste aircraft fuel) 
    must be maintained in good condition, so as to prevent contamination of 
    storm water, and plainly labeled (e.g., ``used oil,'' ``Contaminated 
    Jet-A,'' etc.). The plan must describe measures that prevent or 
    minimize contamination of the storm water runoff from storage areas. 
    Management practices such as indoor storage of materials, centralized 
    storage areas for waste materials, and/or installation of berms and 
    dikes around storage areas should be considered for implementation.
        (e) Airport Fuel System and Fueling Areas--The plan must describe 
    measures that prevent or minimize the discharge of fuels to the storm 
    sewer resulting from fuel servicing activities or other operations 
    conducted in support of the airport fuel system. Where the discharge of 
    fuels into the storm sewer cannot be prevented, the plan shall indicate 
    measures that will be employed to prevent or minimize the discharge of 
    the contaminated runoff into receiving surface waters.
        Where above ground storage timers are present, pollution prevention 
    plan requirements shall be consistent with requirements established in 
    40 CFR 112.7 guidelines for the preparation and implementation of a 
    spill prevention control and countermeasure (SPCC) plan. Where a SPCC 
    plan already exists, the storm water pollution prevention plan may 
    incorporate requirements into the PPP by reference.
        (f) Source Reduction--This section specifies that facilities which 
    conduct aircraft and/or runway (including taxiways and ramps) deicing/
    anti-icing operations shall evaluate present operating procedures to 
    consider alternative practices which would reduce the overall amount of 
    deicing/anti-icing chemical used and/or lessen the environmental impact 
    of the pollutant source.
        With regard to runway deicing operations, operators should begin by 
    evaluating present chemical application rates to ensure against 
    excessive over application. Devices which meter the amount of chemical 
    being applied to runways help to prevent over application. Operators 
    should also emphasize anti-icing operations which would preclude the 
    need to deice; less chemical is required to prevent the formation of 
    ice on a runway than is required to remove ice from a runway. To 
    further assist in implementing anti-icing procedures, operators should 
    also consider installing runway ice detection systems (RID) otherwise 
    known as ``pavement sensors'' which monitor runway temperatures. 
    Pavement sensors provide an indication of when runway 
    
    [[Page 51001]]
    temperatures are approaching freezing conditions, thus alerting 
    operators of the need to conduct anti-icing operations. Deicing/anti-
    icing chemicals applied during extremely cold, dry conditions, are 
    often ineffective since they do not adhere to the ice surface and may 
    be scattered as a result of windy conditions or aircraft movement. In 
    an effort to improve the efficiency of the application, operators 
    should consider pre-wetting the deicing chemical to improve the 
    adhesion to the iced surface.
        With regard to substitute deicing/ chemicals for runway use, 
    operators should consider using chemicals which have less of an 
    environmental impact on receiving waters. Potassium acetate, has a 
    lower oxygen demand than glycol, is nontoxic to aquatic habitat or 
    humans, and was approved by the FAA for runway deicing operations in 
    November, 1991 (AC No. 150/5200-30A CHG 1).
        In considering alternative management practices for aircraft 
    deicing/ operations, operators should evaluate present application 
    rates to ensure against excessive over application. In addition, 
    operators may consider pretreating aircraft with hot water or forced 
    air prior to the application of chemical deicer. The goal of this 
    management practice is to reduce the amount of chemical deicer used 
    during the operation. This management practice alone is not sufficient 
    since discharges of small concentrations of glycol can have significant 
    effects on receiving waters. It is, however, an effective measure to 
    reduce the amount of glycol needed per operation.
        (g) Management of Runoff--A number of reports including EPA's 
    Guidance For Issuing NPDES Storm Water Permits For Airports, September 
    28, 1991 and Federal Aviation Administration (FAA) Advisory Circular 
    (AC 150-5320-15) indicate that the most common location for deicing/
    anti-icing aircraft at U.S. airports is along the apron areas where 
    mobile deicing vehicles operate from gate to gate. In a recent FAA 
    survey of deicing/anti-icing operations at U.S. airports (June 1992), 
    the majority of respondents indicated that spent deicer chemicals from 
    aircraft deicing/anti-icing operations either drain to the storm sewer 
    system, open areas, or are left to evaporate on the ramp.
        This section specifies that operators shall provide a narrative 
    description of BMPs to control or manage storm water runoff from areas 
    where deicing/anti-icing operations occur in an effort to minimize or 
    reduce the amount of pollutants being discharged from the site. For 
    example, when deicing/anti-icing operations are conducted on aircraft 
    during periods of dry weather, operators should ensure that storm water 
    inlets are blocked to prevent the discharge of deicing/anti-icing 
    chemicals to the storm sewer system. Mechanical vacuum systems or other 
    similar devices can then be used to collect the spent deicing chemical 
    from the apron surface for proper disposal to prevent those materials 
    from later becoming a source of storm water contamination. Establishing 
    a centralized deicing station would also provide better control over 
    aircraft deicing/anti-icing operations in that it enables operators to 
    readily collect spent deicing/anti-icing chemicals.
        Once spent deicer/anti-icer chemicals are collected, operators can 
    then select from various methods of disposal such as:
        (i) Disposal to Sanitary Sewage Facility--Because glycols are 
    readily biodegradable, runoff can be treated along with sanitary 
    sewage. The receiving treatment plant would, however, have to have the 
    capacity to handle the hydraulic load as well as the additional 
    biochemical oxygen demand associated with the deicing/anti-icing 
    chemical. Measurements have shown that the average oxygen demand for 
    glycol is between 400,000 and 600,000 mg O2/L even if diluted per fluid 
    manufacturers specifications (FAA AC 150-5320-15 CHG 1, 1991). To 
    lessen both the increased hydraulic and pollutant loads due to runoff 
    from airport deicing/anti-icing operations, retention basins may be 
    located at the airport facility.
        (ii) Retention and Detention Ponds--Conversion of suitable unused 
    airport land into retention or detention basins allows for collection 
    of large volumes of glycol waste from pavement surface runoff. The 
    design capacity for such basins should at least handle surface runoffs 
    for winter months noting the decreased microbial activity during the 
    winter season which is needed for biodegradation, plus additional 
    capacity for runoff during thawing periods. Continuous aeration would 
    supply required oxygen and allow for faster biodegradation and release 
    of glycol waste, which may reduce capacity requirements. Metering the 
    discharge of flow from an onsite basin allows the operator to better 
    control the rate of flow during peak flight hours and to avoid BOD 
    shock loadings to a sanitary treatment facility or a surface water.
        (iii) Recycling--Glycol recycling provides operators with a 
    chemical cost savings since recaptured glycol can be sold or reused for 
    other non-aircraft applications (FAA AC 150-5320-15, February 1991). 
    Studies indicate that collected deicing chemicals which have glycol 
    concentrations ranging from 15 to 25 percent can be cost effectively 
    recycled. The optimal conditions for collecting the highest 
    concentration of glycol in spent deicing fluid is directly from the 
    apron or centralized deicing station when deicing operations are 
    conducted during dry weather or light precipitation events. Deicing/
    anti-icing chemicals discharged to retention basins which are then 
    allowed to mix with additional surface runoff typically result in 
    glycol concentrations well below the acceptable range for recycling. 
    There are, however, methods of physical separation presently available 
    which increase the concentration of glycol and allow operators to 
    recover a relatively reusable product.
        (h) Inspections--In addition to the common pollution prevention 
    plan requirements discussed in Part VI.C.3.d (Inspections), qualified 
    personnel shall inspect equipment and areas involved in deicing/anti-
    icing operations on a weekly basis during periods when deicing/anti-
    icing operations are being conducted.
        (i) Pollution Prevention Training--Pollution Prevention training 
    programs shall inform management and personnel responsible for 
    implementing activities identified in the storm water pollution 
    prevention plan of the components and goals of the plan. Training 
    should address topics such as spill response, good housekeeping, 
    material management practices and deicing/anti-icing procedures. The 
    pollution prevention plan shall identify periodic dates for such 
    training. EPA recommends that facilities conduct training annually at a 
    minimum. However, more frequent training may be necessary at facilities 
    with high turnover of employees or where employee participation is 
    essential to the storm water pollution prevention plan.
        (3) Comprehensive Site Compliance Evaluation. The storm water 
    pollution prevention plan must describe the scope and content of 
    comprehensive site evaluation that qualified personnel will conduct to: 
    (1) Confirm the accuracy of the description of potential pollution 
    sources contained in the plan, (2) determine the effectiveness of the 
    plan, and (3) assess compliance with the terms and conditions of the 
    permit. Comprehensive site compliance evaluations must be conducted at 
    least annually. The individual or individuals who will conduct the 
    evaluations must be identified in the plan and should be members of the 
    pollution prevention team. Evaluation reports must be 
    
    [[Page 51002]]
    retained for a period of at least 3 years following the date of 
    evaluation.
        Based on the results of each evaluation, the description of 
    potential pollution sources, and measures and controls, the plan must 
    be revised as appropriate within 2 weeks after each inspection. Changes 
    in the measures and controls must be implemented on the site in a 
    timely manner, and no later than 12 weeks after completion of the 
    inspection.
    5. Numeric Effluent Limitation
        There are no additional numerical limitations beyond those in Part 
    V.B. of this permit.
    6. Monitoring and Reporting Requirements
        In general, the quantitative data submitted with part 2 of the 
    group application was inadequate to clearly identify particular areas 
    of concern with respect to discharges of pollutants resulting from 
    vehicle maintenance and/or deicing/anti-icing operations conducted at 
    airport facilities. EPA believes that the part 2 sampling data does not 
    provide justification that discharges resulting from deicing/anti-icing 
    operations are not a significant source of pollutants. The sampling 
    requirements for part 2 of the group application did not specify that 
    facilities must sample storm water discharges from areas where deicing/
    anti-icing activities occur and/or during times when such operations 
    were being conducted. As a result, only one facility indicated that the 
    sampling data submitted was collected from areas where deicing/anti-
    icing activities were being conducted. After reviewing recent case 
    studies on the effects of glycol discharges to receiving waters, EPA 
    reports, and the results of FAA surveys, EPA believes that additional 
    information on the impacts of discharges of deicing/anti-icing 
    chemicals to receiving waters resulting from aircraft and runway 
    deicing/anti-icing operations is warranted and necessary.
        Both ethylene and propylene glycols exert high oxygen demands when 
    released into receiving waters. As such, this section requires that 
    facilities report both the Biochemical Oxygen Demand (BOD) and Chemical 
    Oxygen Demand (COD) of discharges sampled at facilities that use at 
    least 100,000 gallons or more of glycol-based deicing/anti-icing 
    chemicals. The concentration of nitrogen and possibly ammonia are the 
    concern with respect to deicing/anti-icing operations where urea is 
    used. Therefore, this section requires that facilities subject to the 
    monitoring requirements in Part XI.S.5. of the permit also report the 
    concentration of Total Kjeldahl Nitrogen (TKN) in discharges sampled.
        The results of the storm water survey conducted by FAA (June 1992) 
    showed that 10 percent of the respondents who conduct deicing 
    activities used more than 100,000 gallons of glycol-based deicing 
    chemicals during winter seasons. In addition, those facilities using 
    more than 100,000 gallons of glycol-based deicing chemicals accounted 
    for 71 percent of the total amount of glycol-based deiced chemicals 
    reported by all respondents in the survey. In a similar survey 
    conducted by the American Association of Airport Executives, 4 percent 
    of the airports conducting deicing activities used more than 100,000 
    gallons of ethylene glycol which represented approximately 76 percent 
    of the total amount of ethylene glycol used by all airports surveyed.
        a. Annual Loading Estimates. All facilities that use more than 
    100,000 gallons of glycol-based deicing/anti-icing chemicals and/or 100 
    tons or more of urea on an average annual basis shall prepare estimates 
    of annual pollutant loadings resulting from discharges of spent 
    deicing/anti-icing chemicals from the facility. The loading estimates 
    shall reflect the amounts of deicing/anti-icing chemicals discharged to 
    separate storm sewer systems or surface waters, prior to and after 
    implementation of the facility's storm water pollution prevention plan. 
    The purpose of these estimates is to calculate the net reduction in 
    deicing/anti-icing chemical loadings to receiving streams. Such 
    estimates shall be reviewed and certified by an environmental 
    professional (engineer, scientist, etc.) with experience in storm water 
    pollution prevention. The environmental professional need not be 
    certified or registered, however, experience with development of storm 
    water pollution prevention plans and with airport operations is 
    critical to prepare accurate estimates. By means of the certification, 
    the environmental professional, having examined the facility's deicing/
    anti-icing procedures and proposed control measures described in the 
    storm water pollution prevention plan, shall attest that the loading 
    estimates have been accurately prepared.
        b. Analytical Monitoring Requirements. EPA believes that airports 
    may reduce the level of pollutants in storm water runoff from their 
    sites through the development and proper implementation of the storm 
    water pollution prevention plan requirements discussed in today's 
    permit. In order to provide a tool for evaluating the effectiveness of 
    the pollution prevention plan and to characterize the discharge for 
    potential environmental impacts, the permit requires airport facilities 
    that use 100,000 gallons or more of glycol-based deicing/anti-icing 
    chemicals and/or 100 tons or more of urea on an average annual basis to 
    collect and analyze samples of their storm water discharges from areas 
    where deicing/anti-icing activities occur for the pollutants listed in 
    Table S-1. Airport facilities which use less than 100,000 gallons of 
    glycol-based deicing/anti-icing chemicals and/or less than 100 tons of 
    urea on an average annual basis are not required to monitor discharges 
    resulting from deicing/anti-icing activities.
        In determining if an airport is subject to the monitoring 
    requirements, airport authorities must determine the ``average annual 
    usage rate'' of deicing/anti-icing chemicals at their particular 
    facility. The ``average annual usage rate'' is determined by averaging 
    the total amounts of deicing/anti-icing chemicals used at the facility 
    for the three previous calendar years. The total amount of deicing/
    anti-icing chemicals used at an airport facility is the cumulative 
    amount used by the airport authority and each tenant of the airport 
    facility. EPA recognizes that glycol-based deicing/anti-icing chemicals 
    are often diluted with water prior to deicing aircraft. In some cases, 
    deicing/anti-icing chemicals may constitute only 50 percent of the 
    applied volume of liquid to aircraft. Therefore, in determining the 
    fluid amounts of deicing/anti-icing chemicals used at a facility, 
    operators should use the pre-dilution volume.
        At a minimum, storm water discharges from airport facilities that 
    use 100,000 gallons or more of glycol-based deicing/anti-icing 
    chemicals and/or 100 tons or more of urea on an average basis must be 
    monitored four times during the second year of permit coverage when 
    deicing/anti-icing activities are occurring and from outfalls that 
    receive storm water runoff from those areas. At the end of the second 
    year of permit coverage, a facility must calculate the average 
    concentration for all grab samples analyzed for each parameter listed 
    in Table S-1 on an outfall-by-outfall basis. If more than four 
    different events are sampled during a monitoring period, then the 
    average concentration for each parameter shall be determined using all 
    grab samples analyzed.
    
                                                                            
    
    [[Page 51003]]
                  Table S-1.--Industry Monitoring Requirements              
    ------------------------------------------------------------------------
                                                               Cut-off      
                         Parameter                          concentration   
    ------------------------------------------------------------------------
    Biochemical Oxygen Demand (BOD5)..................  30 mg/L             
    Chemical Oxygen Demand (COD)......................  120 mg/L            
    Ammonia...........................................  19 mg/L             
    pH................................................  6.0 to 9 s.u.       
    ------------------------------------------------------------------------
    
    
    
        If the average concentration for all grab samples analyzed for a 
    parameter is less than or equal to the value listed in Table S-1, then 
    the permittee is not required to conduct quantitative analysis for that 
    parameter during the fourth year of the permit. If, however, the 
    average concentration for all grab samples analyzed for a parameter is 
    greater than the cut-off concentration listed in Table S-1, then the 
    permittee is required to conduct monitoring four times for that 
    parameter while deicing/anti-icing operations are occurring in the 
    fourth year of the permit. Monitoring is not required during the first, 
    third, and fifth year of the permit. The exclusion from monitoring in 
    the fourth year of the permit is conditional on the facility 
    maintaining industrial operations and BMPs that will ensure a quality 
    of storm water discharges consistent with the average concentrations 
    recorded during the second year of the permit.
    
                       Table S-2.--Schedule of Monitoring                   
                                                                            
                                                                            
    2nd Year of Permit          Collect a minimum of four samples   
     Coverage.                  during months of deicing/anti-icing         
                                (December-February)                         
                               Conduct monitoring for four separate events  
                                during months of deicing/anti-icing         
                                (December-February)                         
                                Calculate the average concentration 
                                on an outfall by outfall basis, for all     
                                parameters analyzed during this period      
                                If average concentration is greater 
                                than the value listed in Table S-1, then    
                                sampling is required during the fourth year 
                                of the permit                               
                                If average concentration is less    
                                than or equal to the value listed in Table S-
                                1, then no further sampling is required for 
                                that parameter                              
    4th Year of Permit          Conduct monitoring four times, on an
     Coverage.                  outfall by outfall basis, during the months 
                                of deicing/anti-icing (December-February)   
                                for any parameter where the average         
                                concentration in year 2 of the permit is    
                                greater than the value listed in Table S-1  
                                If industrial activities or the     
                                pollution prevention plan have been altered 
                                such that storm water discharges may be     
                                adversely affected, monitoring is required  
                                for all parameters of concern during the    
                                months of deicing/anti-icing (December-     
                                February)                                   
    
        In cases where the average concentration for all grabs analyzed for 
    a parameter exceeds the cut-off concentration, EPA expects permittees 
    to place special emphasis on methods for reducing the presence of those 
    parameters in storm water discharges. Quarterly monitoring in the 
    fourth year of the permit will reassess the effectiveness of the 
    adjusted pollution prevention plan.
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly chemical sampling.
        c. Alternative Certification. The alternative certification 
    provision discussed in other industry sectors described in Part VIII of 
    this fact sheet are not applicable to discharges resulting from 
    deicing/anti-icing operations. As structured, today's permit only 
    requires monitoring from airports that use more than 100,000 gallons of 
    glycol-based deicing/anti-icing chemicals and/or 100 tons of urea. In 
    addition, airports that use less than the stated thresholds of deicing/
    anti-icing chemicals are not required to submit an alternative 
    certification.
        d. Reporting Requirements. Permittees are required to submit all 
    monitoring results obtained during the second and fourth year of permit 
    coverage no later than the 31st day of March following the monitoring 
    period. For each outfall, one signed Discharge Monitoring Report form 
    must be submitted to the Director per storm event sampled. For 
    facilities conducting monitoring beyond the minimum requirements an 
    additional Discharge Monitoring Report Form must be filed for each 
    analysis.
        e. Sample Type. A minimum of one grab and one flow-weighted 
    composite sample shall be taken from each outfall that collects runoff 
    from areas where deicing/anti-icing activities occur. The required 72-
    hour storm event interval is waived where the preceding measurable 
    storm event did not result in a measurable discharge from the facility. 
    The required 72-hour storm event interval may also be waived where the 
    permittee documents that less than a 72-hour interval is representative 
    for local storm events during the season when sampling is being 
    conducted. The grab sample is intended to provide information on the 
    maximum expected concentrations of BOD5, COD, and ammonia as a result 
    of deicing/anti-icing chemicals discharged during the precipitation 
    event. The composite sample is intended to provide a measure of the 
    BOD5, COD, ammonia loadings for the entire precipitation event as a 
    result of the discharge of deicing/anti-icing chemicals. It will also 
    provide site-specific information necessary for calculating the 
    estimates of the annual pollutant loadings also required by this 
    permit. The recommended methodology for performing grab and composite 
    sampling is described at 40 CFR 122.21(g)(7). The permittee has the 
    option to submit site-specific deicing/anti-icing discharge monitoring 
    protocol and methodology, better suited to the particular facility, to 
    the Director for approval.
        f. Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluent. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the 
    
    [[Page 51004]]
    drainage area [e.g., low (under 40 percent), medium (40 to 65 percent), 
    or high (above 65 percent)] shall be provided in the plan.
    
    T. Storm Water Discharges Associated With Industrial Activity From 
    Treatment Works
    
    1. Discharges Covered Under this Section
        On November 16, 1990 (55 FR 47990), the U.S. Environmental 
    Protection Agency (EPA) promulgated the regulatory definition of 
    ``storm water discharges associated with industrial activity.'' This 
    definition includes point source discharges of storm water from eleven 
    categories of facilities, including ``* * * (ix) treatment works 
    treating domestic sewage or any other sewage sludge or wastewater 
    treatment device or system, used in the storage, treatment, recycling, 
    and reclamation of municipal or domestic sewage, including land 
    dedicated to the disposal of sewage sludge that are located within the 
    confines of the facility, with a design flow of 1.0 M.G.D. or more or 
    required to have an approved pretreatment program under 40 CFR part 
    403.''
        This section establishes special conditions for storm water 
    discharges associated with industrial activity from treatment works 
    treating domestic sewage with a design flow of 1.0 M.G.D. or more, or 
    for treatment works that are required to have an approved pretreatment 
    program under 40 CFR Part 403, or for those having land dedicated to 
    the disposal of sewage sludge within the confines of the facility. 
    Please note that storm water discharges from farm lands, domestic 
    gardens, or lands used for sludge management where sludge is 
    beneficially reused and which are not physically located in the 
    confines of the facility, or areas that are in compliance with Section 
    405 of the Clean Water Act (CWA), are not currently regulated under the 
    Federal storm water regulations.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
    2. Industry Profile
        Wastewater treatment plants remove organic and inorganic 
    contaminants from domestic sewage and sludge. This section provides a 
    description of the treatment processes for reducing pollutants in 
    domestic sewage. The operations are basically the same at all treatment 
    plants and may be categorized by three general processes: primary 
    treatment, secondary treatment, and tertiary treatment.
        Primary Treatment--The objective of primary treatment is the 
    removal of settleable and suspended organic pollutants. This typically 
    involves at least one of the following operations: screening, grit 
    removal, and sedimentation. Chemical processes, such as disinfection, 
    may also occur during primary treatment operations.
        Secondary Treatment--The objective of secondary treatment is 
    further removal of settleable solids and soluble organic matter. The 
    operations employed during secondary treatment include biological 
    oxidation via suspended growth or fixed film processes, such as 
    activated sludge, rotating biological contractors or trickling filters.
        Tertiary Treatment--The objectives of tertiary treatment include 
    further treatment of wastewater, such as removal of suspended solids by 
    filtration; removal of nutrients, such as phosphorus and nitrogen, 
    typically through chemical additions and biological processes, or by 
    selective ion exchange; and further removal of pollutants through 
    activated carbon treatment.
        Prior to discharge into a receiving water body, treated wastewater 
    is disinfected using chlorination followed by dechlorination. Sludge 
    produced during primary and secondary treatment is commonly combined, 
    thickened, stabilized, and then mechanically dewatered. Sludge is 
    aerobically or anaerobically stabilized by adjusting the pH with lime. 
    This is followed by dewatering process where a polymer is added to 
    condition the sludge for dewatering. Sludge is often stored onsite in 
    piles exposed to weather, until final disposal (e.g., surface disposal, 
    or incineration). When sludge is to be land applied, sludge drying beds 
    or composting piles may be exposed to precipitation. In cases where 
    sludge is incinerated onsite of the treatment plant, ash piles or 
    impoundments may be exposed to precipitation.
    3. Pollutants Found in Storm Water Discharges From Treatment Works
        The impact of industrial activities at treatment works on storm 
    water discharges will vary. Factors at a site which influence the water 
    quality include geographic location, hydrogeology, the industrial 
    activities exposed to storm water discharges, the facility's size, the 
    types of pollution prevention measures/best management practices in 
    place, and the type, duration, and intensity of storm events. Taken 
    together or separately, these factors determine how polluted the storm 
    water discharges will be at a given facility. For example, caustic soda 
    may be significant source of pollutants at some facilities, while 
    incinerator ash may be the primary pollutant source at others. 
    Additionally, pollutant sources other than storm water, such as illicit 
    connections, spills, and other improperly dumped materials, may 
    increase the pollutant loading discharged into Waters of the United 
    States.
        Table T-1 lists industrial activities that commonly occur at 
    treatment works, common pollutant sources at these facilities, and 
    pollutants that are associated with these sources. Table T-1 identifies 
    parameters as potential pollutants of concern associated with 
    facilities covered by this section.
    
      Table T-1.--Description of Industrial Activities, Potential Pollutant 
                        Sources, and Possible Pollutants                    
    ------------------------------------------------------------------------
            Activity             Pollutant source            Pollutant      
    ------------------------------------------------------------------------
    Preparation of           Spills and leaks of      Disinfectants,        
     biological and           process chemicals.       polymers and         
     physical treatment                                coagulants, alum,    
     processes.                                        ferric chloride, soda
                                                       ash, lime, sodium    
                                                       aluminate, sodium    
                                                       hypochlorite, caustic
                                                       soda.                
    
    [[Page 51005]]
                                                                            
    Soil amending and grass  Over fertilizing.......  Commercial brands of  
     fertilizing.                                      balance fertilizers  
                                                       (6-6-6, 8-8-8 or 12- 
                                                       12-12), commercial   
                                                       sludge based         
                                                       products, nitrogen,  
                                                       other nutrients,     
                                                       phosphorous, ammonia.
    Liquid storage in above  External corrosion and   Aluminum sulfate,     
     ground storage.          structural failure.      liquid chlorine,     
                                                       liquid polymer, fuel,
                                                       oil.                 
                             Installation problems..  Aluminum sulfate,     
                                                       liquid chlorine,     
                                                       liquid polymer, fuel,
                                                       oil.                 
                             Spills and overfills     aluminum sulfate,     
                              due to operator error.   liquid chlorine,     
                                                       liquid polymer, fuel,
                                                       oil.                 
                             Failure of piping        Aluminum sulfate,     
                              systems (pipes, pumps,   liquid chlorine,     
                              flanges, couplings,      liquid polymer, fuel,
                              hoses, and valves).      oil.                 
                             Leaks or spills during   Aluminum sulfate,     
                              pumping of liquids       liquid chlorine,     
                              from barges, trucks,     liquid polymer, fuel,
                              or rail cars to a        oil.                 
                              storage facility.                             
    Pest Control...........  Large quantities of      Diazanon, malathion,  
                              pesticide application,   amdro,               
                              pesticide storage.       dimethylphthalate,   
                                                       diethyl phthalate,   
                                                       dichlorvos, carbaryl,
                                                       skeetal, batex,      
                                                       liquid copper.       
    Sludge Drying Beds.....  Sludge.................  Nitrate, TDS, TSS,    
                                                       ammonia.             
    Sludge Storage Piles...  Sludge.................  Nitrate, TDS, TSS,    
                                                       ammonia.             
    Sludge Transfer........  Sludge, vehicles,        Nitrate, TDS, TSS,    
                              transfer equipment.      oil, fuel, hydraulic 
                                                       fluids, ammonia.     
    Incineration...........  Ash impoundments/piles.  Heavy metals, TDS,    
                                                       TSS.                 
    Miscellaneous..........  Grit and scum piles      TSS, heavy metals,    
                              from clarifiers,         fecal coliform,      
                              screens, exposed soil.   nitrate, TSS.        
    ------------------------------------------------------------------------
    Sources: EPA, Risk Reduction Engineering Lab, Cincinnati, OH, and U.S.  
      of America National Committee for Representation of the United States 
      to the International Association of Water Pollution Research and      
      Control. November 1989. ``Developments at International Conference on 
      Water Pollution Research (14th).'' EPA/600/2-89/059.                  
    EPA, Office of Water Program Operations. June 1983. ``Need Survey, 1982.
      Conveyance, Treatment, and Control of Municipal Wastewater, Combined  
      Sewer Overflows, and Storm Water Runoff: Summaries of Technical       
      Data.'' EPA/430/9-83/002.                                             
    EPA, Office of Research and Development. May 1992. ``Facility Pollution 
      Prevention Guide.'' EPA/600/R-92/088.                                 
    EPA, Office of Water. September 1992. ``Storm Water Management for      
      Industrial Activities--Developing Pollution Prevention Plans and Best 
      Management Practices.'' EPA 832-R-92-006.                             
    
    
        Based on the similarities of the facilities included in this sector 
    in terms of industrial activities and significant materials, EPA 
    believes it is appropriate to discuss the potential pollutants at 
    treatment works facilities as a whole and not subdivide this sector. 
    Therefore, Table T-2 lists data for selected parameters from facilities 
    in the treatment works sector. These data include the eight pollutants 
    that all facilities were required to monitor for under Form 2F, as well 
    as the pollutants that EPA has determined may merit further monitoring.
    
                                     Table T-2.--Statistics for Selected Pollutants Reported by Treatment Works Facilities Submitting Part II Sampling Datai (mg/L)                                 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                               No. of        No. of Samples          Mean               Minimum             Maximum             Median          95th Percentile     99th Percentile 
                                             Facilities    -----------------------------------------------------------------------------------------------------------------------------------------
            Pollutant Sample type        ------------------                                                                                                                                         
                                            Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5................................       49       48       94       93     32.7      44.2       0.0       0.0    1300.0    1300.0      12.0       7.5      78.0      83.0     171.6     203.4 
    COD.................................       47       46       85       84    131.8     155.7       0.0       0.0    1900.0    2000.0      67.3      61.7     437.4     431.9     932.2     942.3 
    Nitrate + Nitrite Nitrogen..........       47       46       89       88     19.70     19.34      0.00      0.00    427.00    396.78      0.93      0.76     41.56     35.04    167.28    137.67
    Total Kjeldahl Nitrogen.............       46       45       84       83      7.67      4.52      0.00      0.00    213.00    150.00      1.35      1.31     14.24      9.30     32.94     19.05
    Oil & Grease........................       49      N/A       96      N/A     35.7     N/A         0.0     N/A      1210.0     N/A         1.2     N/A        60.5     N/A       202.8     N/A   
    pH..................................       43      N/A       86      N/A    N/A       N/A         0.4     N/A         8.9     N/A         7.0     N/A        11.5     N/A        14.5     N/A   
    Total Phosphorus....................       49       48       91       89      0.91      0.67      0.00      0.00      9.50      5.92      0.47      0.45      2.91      2.20      6.21      4.39
    Total Suspended Solids..............       50       49       95       93    153       111         0         2      1836       845        64        55       638       422      1661     1013    
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    4. Options for Controlling Pollutants
        Part 1 group application data indicate that BMPs have not been 
    widely implemented at the representative sampling facilities. Less than 
    3 percent of the sampling subgroup reported that they cover loading 
    areas, storage areas, or material handling areas; approximately 10 
    percent reported that they use containment; less than 4 percent of the 
    representative facilities use concrete pads. The most commonly listed 
    (approximately 15 percent) material management practice is catch 
    basins. Because BMPs described in part 1 data are limited, the 
    following table is provided to identify BMPs associated with activities 
    that routinely occur at treatment works.
    
                                                                                                                                                                                                    
    
    [[Page 51006]]
            Table T-3.--General Storm Water BMPs for Treatment Works        
    ------------------------------------------------------------------------
             Activity                               BMPs                    
    ------------------------------------------------------------------------
    Preparation of biological  Use drip pans under drums and equipment where
     and physical treatment     feasible.                                   
     process.                  Store process chemicals inside buildings.    
                               Inspect the storage yard for filling drip    
                                pans and other problems regularly.          
                               Train employees on procedures for storing and
                                inspecting chemicals.                       
    Soil amending and grass    Use the appropriate amount of fertilizer.    
     fertilizing.                                                           
                               Do not overfertilize.                        
                               Train employee on proper fertilizing         
                                techniques.                                 
    Liquid storage in above    Maintain good integrity of all storage       
     ground storage             containers.                                 
     containers.                                                            
                               Install safeguards (such as diking or        
                                berming) against accidental releases at the 
                                storage area.                               
                               Inspect storage tanks to detect potential    
                                leaks and perform preventive maintenance.   
                               Inspect piping systems (pipes, pumps,        
                                flanges, couplings, hoses, and valves) for  
                                failures or leaks.                          
                               Train employees on proper filling and        
                                transfer procedures.                        
    Pest Control.............  Minimize pesticide application.              
                               Only apply pesticide if needed.              
                               Train employees on proper pesticide          
                                application.                                
    Sludge Drying Beds.......  Ensure drying bed is draining properly (e.g.,
                                check for clogging); avoid overfilling      
                                drying bed; grade the land to divert flow   
                                around drying bed; berm, dike, or curb      
                                drying bed areas; cover drying beds.        
    Sludge Storage Piles.....  Confine storage of sludge to a designated    
                                area as far from any receiving water body as
                                possible; store sludge on an impervious     
                                surface (e.g., concrete pad); grade the land
                                to divert flow around storage piles; berm,  
                                dike, or curb sludge storage piles; cover   
                                sludge storage piles.                       
    Sludge Transfer..........  Promptly remove any sludge spilled during    
                                transfer; conduct transfer operations over  
                                an impervious surface; avoid transferring   
                                sludge during rain events; grade the land to
                                divert flow around transfer areas; berm,    
                                curb, or dike transfer areas; avoid locating
                                transfer operations near receiving water    
                                bodies.                                     
    Incineration--ash          Line ash impoundments with clay (or other    
     impoundments/piles.        type of impervious material); ensure ash    
                                impoundments will hold maximum volume of ash
                                and a 10-year, 24-hour rain event; curb,    
                                berm, or dike ash storage areas; avoid      
                                locating ash storage areas near receiving   
                                water bodies.                               
    Miscellaneous............  Properly dispose of grit/scum; properly      
                                dispose of screens on a daily basis;        
                                maximize vegetative cover to stabilize soil 
                                and reduce erosion.                         
    ------------------------------------------------------------------------
    Sources: NPDES Storm Water Group Applications--Part 1. Received by EPA  
      March 18, 1991 through December 31, 1992.                             
    EPA, Office of Research and Development. May 1992. ``Facility Pollution 
      Prevention Guide.'' EPA/600/R-92/088.                                 
    EPA, Office of Water. September 1992. ``Storm Water Management for      
      Industrial Activities--Developing Pollution Prevention Plans and Best 
      Management Practices.'' EPA 832-R-92-006.                             
    U.S. Postal Service. May 1992. ``NPDES/Storm Water Guide.'' AS-554.     
    
    
    5. Special Conditions
        There are no additional requirements under this section other than 
    those described in part VI.B of this fact sheet.
    6. Storm Water Pollution Prevention Plan Requirements
        There are no additional requirements under this section other than 
    those described in Part VI.C. of this fact sheet.
    7. Monitoring and Reporting Requirements
        The regulatory modifications at 40 CFR 122.44(i)(2) established on 
    April 2, 1992, grant permit writers the flexibility to reduce 
    monitoring requirements in storm water discharge permits. EPA has 
    determined that the potential for storm water discharges to contain 
    pollutants above benchmark levels, because of the industrial activities 
    and materials exposed to precipitation, does not support sampling at 
    treatment works facilities.
        Under the Storm Water Regulations at 40 CFR 122.26(b)(14), EPA 
    defined ``storm water discharge associated with industrial activity''. 
    The focus of today's permit is to address the presence of pollutants 
    that are associated with the industrial activities identified in this 
    definition and that might be found in storm water discharges. Under the 
    methodology for determining analytical monitoring requirements, 
    described in section VI.E.1 of this fact sheet, nitrate plus nitrite 
    nitrogen is above the bench mark concentrations for the treatment works 
    sector. After a review of the nature of industrial activities and the 
    significant materials exposed to storm water described by facilities in 
    this sector, EPA has determined that the higher concentrations of 
    nitrate plus nitrite nitrogen are not likely to be caused by the 
    industrial activity, but may be primarily due to non-industrial 
    activities on-site. Today's permit does not require treatment works 
    facilities to conduct analytical monitoring for this parameter.
        Based on a consideration of the BMPs typically used at these 
    facilities, and generally low pollutant values from the application 
    data, EPA believes that the pollution prevention plan with visual 
    examinations of storm water discharges will help ensure storm water 
    contamination is minimized.
        a. Quarterly Visual Examination of Storm Water. Quarterly visual 
    examinations are required of a storm water discharge from each outfall 
    at the treatment works. The examination must be of a grab sample 
    collected from each storm water outfall. The examination of storm water 
    grab samples shall include any observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, or 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on these samples.
        The examination must be made at least once in each of the following 
    3-month periods during daylight unless there is insufficient rainfall 
    or snow-melt to runoff: January through March, April through June, July 
    through September, and October through December. Whenever practicable, 
    the 
    
    [[Page 51007]]
    same individual should carry out the collection and examination of 
    discharges throughout the life of the permit to ensure the greatest 
    degree of consistency possible. Grab samples shall be collected within 
    the first 30 minutes (or as soon thereafter as practical, but not to 
    exceed 1 hour ) of when the runoff begins discharging. Reports of the 
    visual examination include: the examination date and time, examination 
    personnel, visual quality of the storm water discharge, and probable 
    sources of any observed storm water contamination. The visual 
    examination reports must be maintained onsite with the pollution 
    prevention plan.
        When a discharger is unable to collect samples over the course of 
    the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examinations. Adverse weather conditions which 
    may prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly visual examination.
        When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may test the effluent of one of such 
    outfalls and report that the quantitative data also applies to the 
    substantially identical outfall(s) provided that the permittee includes 
    in the storm water pollution prevention plan a description of the 
    location of the outfalls and explains in detail why the outfalls are 
    expected to discharge substantially identical effluent. In addition, 
    for each outfall that the permittee believes is representative, an 
    estimate of the size of the drainage area (in square feet) and an 
    estimate of the runoff coefficient of the drainage area [e.g., low 
    (under 40 percent), medium (40 to 65 percent), or high (above 65 
    percent)] shall be provided in the plan.
        EPA believes that this quick and simple assessment will allow the 
    permittee to approximate the effectiveness of his/her plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the chemical properties of the storm water discharged from the 
    site, the examination will provide meaningful results upon which the 
    facility may act quickly. The frequency of this visual examination will 
    also allow for timely adjustments to be made to the plan. If BMPs are 
    performing ineffectively, corrective action must be implemented. A set 
    of tracking or follow-up procedures must be used to ensure that 
    appropriate actions are taken in response to the examinations. The 
    visual examination is intended to be performed by members of the 
    pollution prevention team. This hands-on examination will enhance the 
    staff's understanding of the storm water problems on that site and the 
    effects of the management practices that are included in the plan.
        EPA believes that with quarterly visual examinations and site 
    compliance evaluations, potential sources of contaminants can be 
    identified and controlled with BMPs. In determining the monitoring 
    requirements, EPA considered the nature of the industrial activities 
    and significant materials exposed at these sites, and performed a 
    review of data provided in Part 2 group applications.
    
    U. Storm Water Discharges Associated With Industrial Activity From Food 
    and Kindred Products Facilities
    
    1. Discharges Covered Under this Section
        On November 16, 1990 (55 FR 47990), EPA promulgated the regulatory 
    definition of ``storm water discharges associated with industrial 
    activity.'' This definition included point source discharges of storm 
    water from 11 major categories of facilities, including: ``* * * (xi) 
    Facilities under Standard Industrial Classifications 20, 21 * * *.''
        This section covers storm water discharges associated with 
    industrial activities from establishments manufacturing or processing 
    foods and beverages for human consumption, and related products, and 
    prepared feeds for animals and fowls. This section also covers 
    establishments engaged in manufacturing cigarettes, cigars, and other 
    tobacco products. Food and kindred products processing facilities 
    subject to requirements under this section include the following types 
    of operations (i.e., subsectors):
        a. Meat Products (generally described by SIC Codes 2011, 2013, and 
    2015).
        b. Dairy Products (generally described by SIC Codes 2021, 2022, 
    2023, 2024, and 2026).
        c. Canned, Frozen, and Preserved Fruits, Vegetables, and Food 
    Specialties (generally described by SIC Codes 2032, 2033, 2034, 2035, 
    2037, and 2038).
        d. Grain Mill Products (generally described by SIC Codes 2041, 
    2043, 2044, 2045, 2046, 2047, and 2048).
        e. Bakery Products (generally described by SIC Codes 2051, 2052, 
    and 2053).
        f. Sugar and Confectionery Products (generally described by SIC 
    Codes 2061, 2062, 2063, 2064, 2066, 2067, and 2068).
        g. Fats and Oils (generally described by SIC Codes 2074, 2075, 
    2076, 2077, and 2079).
        h. Beverages (generally described by SIC Codes 2082, 2083, 2084, 
    2085, 2086, and 2087).
        i. Miscellaneous Food Preparations and Kindred Products (generally 
    described by SIC Codes 2091, 2092, 2095, 2096, 2097, 2098, and 2099).
        j. Tobacco Products (generally described by SIC Codes 2111, 2121, 
    2131, and 2141).
        Storm water discharges covered by this section include discharges 
    from industrial plant yards; material handling sites; refuse sites; 
    sites used for application or disposal of process wastewaters; sites 
    used for storage and maintenance of material handling equipment; sites 
    used for residual treatment, storage, or disposal; shipping and 
    receiving areas; manufacturing buildings; storage areas for raw 
    materials and intermediate and finished products; and areas where 
    industrial activity has taken place in the past and significant 
    materials remain and where the aforementioned areas are exposed to 
    storm water.
        This section does not cover any discharges subject to effluent 
    limitations guidelines, including storm water that combines with 
    process wastewater. Also, storm water that does not come into contact 
    with any raw material, intermediate product, finished product, by-
    product, or waste product located on the site of the operation are not 
    subject to permitting under this section according to 40 CFR 
    122.26(b)(14).
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    
    
    [[Page 51008]]
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
    2. Industry Profile
        From subsectors comprising the Food and Kindred Products Sector, as 
    of January 1, 1993, 26 Part 2 Group Storm Water Applications were 
    received from 9 of the 10 industrial subsectors (excluding tobacco 
    products) and 31 different primary SIC Codes. Subsector descriptions 
    for all facilities within the Food and Kindred Products sector are as 
    follows:
        a. Meat Products Subsector (SIC Code 201X). The Meat Products 
    subsector is separated into three segments. These include meat packing 
    plants (SIC 2011); sausages and other prepared meat products (SIC 
    2013); and poultry slaughtering and processing (SIC 2015). All three of 
    the industrial segments submitted group application information. 
    Production related activities for these segments include stockyards, 
    slaughtering (killing, blood processing, viscera handling, and hide 
    processing), cutting and deboning, meat processing, rendering, and 
    materials recovery.
        b. Dairy Products Subsector (SIC Code 202X). The Dairy Products 
    subsector is separated into five segments. These segments include 
    creamery butter; natural, processed, and imitation cheese; dry, 
    condensed, and evaporated dairy products; ice cream and frozen 
    desserts; and fluid milk. All five of the industrial segments submitted 
    group application information. Although a variety of operations are 
    encountered in the Dairy Products subsector, the initial operations 
    (e.g., receiving stations, clarification, separation, and 
    pasteurization) are common to most dairy plants and products. However, 
    after these initial operations, the processes and equipment become 
    highly dependent on the product segments. These operations may include: 
    culturing, churning, pressing, curing, blending, condensing, 
    sweetening, drying, milling, and packaging.
        c. Canned Frozen and Preserved Fruits, Vegetables, and Frozen 
    Specialties Subsector (SIC Code 203X). The Canned Frozen and Preserved 
    Fruits, Vegetables, and Frozen Specialties subsector is separated into 
    six segments. They include canned specialties; canned fruits, 
    vegetables, preserves, jams, and jellies; dried and dehydrated fruits, 
    vegetables, and soup mixes; pickled fruits and vegetables, vegetable 
    sauces and seasonings, and salad dressings; frozen fruits, fruit 
    juices, and vegetables; and other frozen specialties. Five of the six 
    segments are represented in the part 2 application information with the 
    pickled fruits and vegetables, vegetable sauces and seasonings, and 
    salad dressings being the lone segment not represented in the part 2 
    data by a primary SIC Code (although this segment is represented as a 
    secondary SIC Code). All of the facilities use various fruits or 
    vegetables as the primary raw material. Sweeteners, such as sugar and 
    corn syrup, are used as secondary raw materials. Typically, fruits and 
    vegetables are washed, cut, blanched, and cooked prior to being 
    classified as finished product. Additional operations may include 
    drying, dehydrating, and freezing.
        d. Grain Mills Subsector (SIC Code 204X). The Grain Mills subsector 
    is separated into seven segments. These include flour and other grain 
    mill products; cereal breakfast foods; rice milling; prepared flour 
    mixes and doughs; wet corn milling; dog and cat food; and prepared 
    feeds and feed ingredients for animals and fowls, except dogs and cats. 
    Six of the seven segments are represented in the part 2 application 
    information with the rice milling segment being the lone segment not 
    represented in the part 2 data by a primary SIC Code. Process 
    operations performed in the grain mill subsector include: washing, 
    milling, debranning, heat treatment (i.e., steeping, parboiling, drying 
    and cooking), screening, shaping (i.e., extruding, grinding, molding, 
    and flaking), and vitamin and mineral supplementing.
        e. Bakery Products Subsector (SIC Code 205X). The Bakery Products 
    subsector is separated into three segments. These include the following 
    industrial activities: bread and other bakery products, except cookies 
    and crackers; cookies and crackers; and frozen bakery products, except 
    bread. All three segments are represented in the part 2 application 
    information by a primary SIC Code. Process operations in this subsector 
    include mixing, shaping of dough, cooling, and decorating.
        f. Sugar and Confectionery Subsector (SIC Code 206X). The Sugar and 
    Confectionery subsector is separated into seven segments. These include 
    the following industrial activities: cane sugar, except refining; cane 
    sugar refining; beet sugar; candy and other confectionery products; 
    chocolate and cocoa products; chewing gum; and salted and roasted nuts 
    and seeds. Only two of the seven segments are represented in the part 2 
    application information (i.e., candy and other confectionery products 
    and chocolate and other cocoa products). The primary raw materials 
    include sugar, flavorings (including chocolate), flour, nuts, and milk, 
    which are then mixed together, cooked, and then formed using various 
    techniques into specified product shapes. The manufacture of chocolate 
    products requires shelling, roasting, and grinding of the cocoa beans 
    followed by the typical sugar processing operations identified above.
        g. Fats and Oils Subsector (SIC Code 207X). The Fats and Oils 
    subsector is separated into five segments. These include the cottonseed 
    oil mills; soybean oil mills; vegetable oil mills, except corn, 
    cottonseed, and soybean; animal and marine fats and oils; and 
    shortening, table oils, margarine, and other edible fats and oils, not 
    elsewhere classified. Only two of the five segments are represented in 
    the part 2 application information (i.e., animal and marine fats and 
    oils and shortening, table oils, margarine, and other edible fats and 
    oils, not elsewhere classified). Typical process operations at an 
    animal and marine fats and oils facility include cooking of inedible 
    fats and oils from butcher shops, supermarkets, food manufacturing 
    facilities, restaurants, and slaughterhouses, tallow and grease 
    separation from proteinaceous solids. The solids are then ground to 
    produce meat and bone meal. Operations at an edible oils manufacturer 
    include refining, bleaching, hydrogenation, fractionation, 
    emulsification, deodorization, filtration, and blending of the crude 
    oils into edible products.
        h. Beverages Subsector (SIC Code 208X). The Beverages subsector is 
    separated into six segments. These include the malt beverages; malt; 
    wines, brandy, and brandy spirits; distilled and blended liquors; 
    bottled and canned soft drinks and carbonated waters; and flavoring 
    extracts and flavoring syrups, not elsewhere classified segments. Four 
    the six segments are represented by the part 2 application with malt 
    and wines, brandy, and brandy spirits being the two segments not 
    represented by the part 2 application information. Process operations 
    may include brewing, distilling, fermentation, blending, and packaging 
    (i.e., bottling, canning, or bulk packaging).
        i. Miscellaneous Food Preparation and Kindred Products Subsector 
    (SIC Code 209X). The Miscellaneous Food Preparation and Kindred 
    Products 
    
    [[Page 51009]]
    subsector is separated into seven industrial segments. These include 
    canned and cured fish and seafood; prepared fresh or frozen fish and 
    seafoods; roasted coffee; potato chips, corn chips, and similar snacks; 
    manufactured ice; macaroni, spaghetti, vermicelli, and noodles; and 
    food preparations, not elsewhere classified segments. Three of the 
    seven segments are represented by the part 2 application information 
    (i.e., prepared fresh or frozen fish and seafoods; potato chips, corn 
    chips, and similar snacks; and macaroni, spaghetti, vermicelli, and 
    noodles). Process operations may include shelling, washing, drying, 
    shaping, baking, frying, and seasoning.
        j. Tobacco Products Subsector (SIC Code 21XX). The tobacco products 
    subsector is separated into four segments. These include cigarettes, 
    cigars, chewing and smoking tobacco and snuff, and tobacco stemming and 
    redrying. None of these four segments submitted part 2 application 
    information. Typical process operations may include drying, blending, 
    shaping, cutting and rolling.
    3. Pollutants in Storm Water Discharges Associated with Food and 
    Kindred Products Processing Facilities.
        Typical food and kindred products processing facilities do not 
    conduct many processing operations outdoors. The nature of the 
    business, and the required sanitary conditions, require that the raw 
    materials through final product be protected from storm water. As such, 
    the contamination of storm water from this sector is primarily from the 
    loading and unloading of products and raw materials, spillage and leaks 
    from tanks and containers stored outdoors, waste management practices, 
    pest control, and improper connections to the storm sewer. Table U-1 
    lists potential pollutant sources from activities that commonly take 
    place at food and kindred products processing facilities.
    
        Table U-1.--Description of Potential Pollutant Sources i, ii, iii   
    ------------------------------------------------------------------------
         Activity                Pollutant source             Pollutant(s)  
    ------------------------------------------------------------------------
    A. Raw Material     Container defects (bags,    BOD, TSS, O&G,  
     Unloading/         drums, bottles, crates)              pH, TKN.       
     Product Loading.   Spills and leaks during                     
                        unloading/ loading (tanks, rail                     
                        cars)                                               
                        Failed connections (hoses                   
                        and couplings)                                      
                        Washdown of unloading/                      
                        loading area                                        
    B. Storage                                                              
     Containers:                                                            
        Liquid          Failed piping and           BOD, TSS, O&G,  
         Storage        connections (couplings, flanges,     pH.            
         (i.e., above   hoses, and valves)                                  
         ground         External corrosion and                      
         storage        structural failure                                  
         tanks).        Spills and overflows due                    
                        to operator error                                   
        Liquid          Outside containers          BOD, TSS, O&G,  
         Storage        Open containers              pH.            
         (drums,        External corrosion of the                   
         carboys, and   containers                                          
         gallon jugs).  Operator handling and                       
                        transporting                                        
                        Spills and leaks from                       
                        damaged containers                                  
        Solid Storage   Dust and particulates       BOD, TSS, pH.   
         (silos,        Operator handling and                       
         holding        transporting                                        
         bins, fiber    Spills and leaks                            
         drums, etc.).                                                      
    C. Waste                                                                
     Management:                                                            
        Air Emissions   Oven emissions              BOD, TSS, O&G,  
                        Vents                        pH.            
                        Fine solids handling                        
        Solid Waste..   Dumpsters and trash cans    BOD, TSS, O&G,  
                        Spent equipment, scraps,     pH, copper,    
                        etc.                                 manganese.     
        Wastewater...   Treatment processes (e.g.,  BOD, TSS, O&G,  
                        hydraulic overflow)                  pH, fecal      
                        Outside piping and           coliform.      
                        connections (couplings, flanges,                    
                        hoses, valves, and pumps)                           
    D. Pest Control:                                                        
        Pesticides,     Outside areas of            Miscellaneous   
         rodenticides   applications                         insecticides,  
         ,                                                   rodenticides,  
         insecticides.                                       pesticides,    
                                                             etc., TKN.     
    E. Improper         Process wastewaters         BOD, TSS, O&G,  
     Connections to     Process floor drains         pH.            
     the Storm Sewer.   Sanitary sewers                             
                        USTs                                        
    ------------------------------------------------------------------------
    i ``Standard Handbook of Environmental Engineering,'' Corbitt, Robert   
      A., McGraw-Hill, Inc., 1990.                                          
    ii Air Pollution Engineering Manual, Air and Waste Management           
      Association, Edited by Anthony J. Buonicore and Wayne T. Davis, Van   
      Nostrand Reinhold, New York, 1992.                                    
    iii ``Environmental Engineering and Sanitation,'' Fourth Edition,       
      Salvato, Joseph A., John Wiley & Sons, Inc., 1992.                    
    
        Impacts caused by storm water discharges from food and kindred 
    products processing facilities will vary from facility to facility. 
    Several factors influence to what extent operations at the site can 
    affect water quality. Such factors include: geographic location; 
    hydrogeology; the types of industrial activities exposed to storm 
    water; the size of the operation; the nature of storm water control 
    measures in place; and the type, duration, and intensity of 
    precipitation events. Each of these factors interact to influence the 
    quantity and quality of storm water runoff. For example, flour/oil 
    particulate emissions from vents (e.g., from baking operations) may be 
    a significant source of pollutants at some facilities, while material 
    storage may be a primary source at others. Similarly, a facility with 
    all storm water from exposed industrial activity diverted to the 
    sanitary sewer would have less of an impact than a facility not 
    practicing this control option. In addition, sources of pollutants 
    other than storm water, such as illicit 
    
    [[Page 51010]]
    connections, spills, and improperly dumped materials, may increase the 
    pollutant loadings discharged in the receiving stream.
        EPA reviewed Part 1 Group Storm Water Applications for facilities 
    identified as sampling facilities to determine the types of significant 
    materials from food and kindred products processing that are exposed to 
    storm water. A list of these significant materials is presented in 
    Table U-2. Note that significant materials related to vehicle 
    maintenance (e.g., diesel fuel) and other miscellaneous nonprocessing 
    materials (e.g., lumber) are not included in Table U-2.
    
            Table U-2.--Significant Materials Exposed to Storm Water        
                                                                            
                                                                            
    Acids (phosphoric, sulfuric)         Feathers                           
    Activated carbon                     Feed                               
    Ammonia                              Ferric chloride                    
    Animal cages                         Fruits, vegetables, coffee beans   
    Bleach                               Gel bone                           
    Blood                                Grain (flour, oats, wheat)         
    Bone meal                            Hides                              
    Brewing residuals                    Lard                               
    Calcium oxide                        Manure                             
    Carbon dioxide                       Milk                               
    Caustic soda                         Salts (brine)                      
    Chlorine                             Skim powder                        
    Cheese                               Starch                             
    Coke oven tar                        Sugar (sweetner, honey, fructose,  
                                          syrup)                            
    Detergent                            Tallow                             
    Eggs                                 Wastes (off-spec product, sludge)  
    Ethyl alcohol                        Whey                               
    Fats, greases, shortening, oils      Yeast                              
    
        Based on the wide variety of industrial activities and significant 
    materials at the facilities included in this sector, EPA believes it is 
    appropriate to divide the food and kindred products industry into 
    subsectors to properly analyze sampling data and determine monitoring 
    requirements. As a result, this sector has been divided into the 
    following subsectors: meat products; dairy products; canned, frozen, 
    and preserved fruits; grain mill products; bakery products; sugar and 
    confectionery products; fats and oils; beverages; miscellaneous food 
    and kindred products; and tobacco products. Tables below include data 
    for the eight pollutants that all facilities were required to monitor 
    for under Form 2F. The tables also list those parameters that EPA has 
    determined may merit further monitoring. A table has not been included 
    for the following subsectors because less than 3 facilities submitted 
    data in that subsector: sugar and confectionery products facilities; 
    and tobacco products facilities.
    
                                      Table U-3.--Statistics for Selected Pollutants Reported by Meat Products Facilities Submitting Part II Sampling Datai (mg/L)                                  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                              No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile     99th percentile  
                                            facilities    ------------------------------------------------------------------------------------------------------------------------------------------
            PollutantSample type        ------------------                                                                                                                                          
                                           Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp       Grab      Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5...............................       30       29       51       50     25.9      19.2       0.0       0.0     170.0      81.0      12.0       9.2     102.5      78.7     248.436    182.3 
    COD................................       30       29       51       50    184.3     122.8       0.0       0.0    1307.0    1307.0      80.0      72.0     717.3     350.7    1623.7      659.3 
    Nitrate + Nitrite Nitrogen.........       30       29       51       50      1.35      1.24      0.00      0.00      4.75      8.66      0.86      0.60      4.54      3.78      8.84       7.10
    Total Kjeldahl Nitrogen............       30       29       51       50      3.30      3.57      0.00      0.00     18.00     27.00      2.00      1.60      9.59     12.55     16.92      26.07
    Oil & Grease.......................       31      N/A       52      N/A      7.7     N/A         0.0     N/A        34.0     N/A         6.6     N/A        25.3     N/A        41.7      N/A   
    pH.................................       24      N/A       38      N/A    N/A       N/A         5.9     N/A         8.6     N/A         7.7     N/A         8.9     N/A         9.5      N/A   
    Total Phosphorus...................       30       29       51       50     20.45      0.94      0.02      0.02    970.00      9.70      0.28      0.28      9.89      3.11     36.98       8.25
    Total Suspended Solids.............       30       29       51       50    397       206         0         0      2540      2120        98        68      2266       902      7830      2618    
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
                                      Table U-4.--Statistics for Selected Pollutants Reported by Dairy Products Facilities Submitting Part II Sampling Datai (mg/L)                                 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                               No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile     99th percentile 
                                             facilities    -----------------------------------------------------------------------------------------------------------------------------------------
            PollutantSample type         ------------------                                                                                                                                         
                                            Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5................................       33       33       81       81     66.4      49.6       0.0       0.0    1400.0    1360.0      17.0      10.0     185.0     122.4     479.0     297.5 
    COD.................................       33       33       81       81    214.7     149.3      15.0       0.0    3010.0    2100.0      94.0      78.4     647.0     418.0    1385.3     836.8 
    Nitrate + Nitrite Nitrogen..........       33       33       81       81      1.24      0.99      0.00      0.00     25.52      8.88      0.61      0.57      3.53      3.16      7.18      6.31
    Total Kjeldahl Nitrogen.............       33       33       81       81      4.35      3.68      0.00      0.00     32.00     32.40      2.50      2.44     12.40     10.18     22.65     18.04
    Oil & Grease........................       33      N/A       81      N/A      6.1     N/A         0.0     N/A        92.4     N/A         2.0     N/A        26.1     N/A        58.9     N/A   
    pH..................................       31      N/A       78      N/A    N/A       N/A         4.4     N/A         9.0     N/A         7.0     N/A         8.6     N/A         9.4     N/A   
    Total Phosphorus....................       33       33       80       80      1.68      1.07      0.00      0.00     24.40      6.80      0.50      0.38      7.59      4.71     19.51     11.35
    Total Suspended Solids..............       32       32       79       79    225       218         0         0      2667      3110        56        53       967       798      2932     2274    
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
                                                                                                                                                                                                    
    
    [[Page 51011]]
          Table U-5.--Statistics for Selected Pollutants Reported by Canned, Frozen, and Preserved Fruits, Vegetables and Food Specialties Facilities Submitting Part II Sampling Datai (mg/L)      
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                              No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile     99th percentile  
                                            facilities    ------------------------------------------------------------------------------------------------------------------------------------------
            PollutantSample type        ------------------                                                                                                                                          
                                           Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp       Grab      Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5...............................       29       26       71       56     48.9      44.0       0.0       0.0    1550.0    1150.0       9.1       8.5     122.9      98.1     305.3      232.0 
    COD................................       27       24       69       55    174.6     153.4       0.0       0.0    3810.0    2820.0      39.0      40.0     522.0     492.0    1293.2     1280.8 
    Nitrate + Nitrite Nitrogen.........       28       26       68       57      1.20      0.93      0.00      0.00     14.70      9.60      0.59      0.40      3.89      2.74      8.17       5.53
    Total Kjeldahl Nitrogen............       30       27       73       59      4.44      3.45      0.00      0.00     64.00     33.90      1.80      1.60     14.27     12.53     32.44      29.35
    Oil & Grease.......................       28      N/A       68      N/A      5.3     N/A         0.0     N/A        35.0     N/A         1.2     N/A        27.7     N/A        70.0      N/A   
    pH.................................       26      N/A       68      N/A    N/A       N/A         4.3     N/A        10.3     N/A         7.1     N/A         8.7     N/A         9.7      N/A   
    Total Phosphorus...................       28       26       68       57      1.02      0.95      0.00      0.00     11.80      8.30      0.42      0.54      3.52      3.45      8.18       7.73
    Total Suspended Solids.............       30       27       73       58    147       112         0         0      1840       800        67        49       787       585      2445      1681    
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
    
                                   Table U-6.--Statistics for Selected Pollutants Reported by Grain Mill Products Facilities Submitting Part II Sampling Datai (mg/L)                               
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                         No. of        No. of samples          Mean               Minimum              Maximum              Median           95th percentile       99th percentile  
                                       facilities    -----------------------------------------------------------------------------------------------------------------------------------------------
         PollutantSample type      ------------------                                                                                                                                               
                                      Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp       Grab       Comp      Grab      Comp       Grab       Comp       Grab       Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5..........................       72       70       77       75    86.4      73.9       0.0       0.0      713.0      968.0       20.0      21.0     296.2      249.8      770.8      613.7  
    COD...........................       72       70       77       74   273.9     211.4       0.0       0.0     2000.0     2040.0       89.0      81.0     937.4      640.9     2170.9     1339.3  
    Nitrate + Nitrite Nitrogen....       73       71       79       75     1.62      1.08      0.00      0.00      44.90      17.70       0.36      0.50      6.51       5.29      18.50      13.97 
    Total Kjeldahl Nitrogen.......       72       70       77       74    10.3       7.62      0.00      0.00      78.00      75.00       4.00      3.00     39.01      25.19      88.55      51.97 
    Oil & Grease..................       73      N/A       78      N/A     4.4     N/A         0.0     N/A         44.0      N/A          0.00    N/A        21.6      N/A         46.2      N/A    
    pH............................       73      N/A       78      N/A   N/A       N/A         5.0     N/A          8.9      N/A          7.0     N/A         8.2      N/A          8.8      N/A    
    Total Phosphorus..............       72       70       77       74     8.17      2.90      0.08      0.06     314.00      19.70       1.74      1.70     18.69      10.52      48.77      22.82 
    Total Suspended Solids........       72       70       77       74   324       320         4         4       3300       4530        112       110      1468       1233       4338       3469    
    Zinc, Total...................       17       17       17       17     1.409     1.342     0.060     0.110     13.500      7.350      0.30      0.31      4.775      4.793     13.091     11.564 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
                                     Table U-7.--Statistics for Selected Pollutants Reported by Bakery Products Facilities Submitting Part II Sampling Datai (mg/L)                                 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                               No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile     99th percentile 
                                             facilities    -----------------------------------------------------------------------------------------------------------------------------------------
            PollutantSample type         ------------------                                                                                                                                         
                                            Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5................................       16       17       32       34     18.8      17.5       4.0       0.0      82.0      85.0      13.0      11.50     45.7      46.6      74.6      79.4 
    COD.................................       16       17       32       34    103.7      92.3      16.2      14.0     514.0     426.0      72.0      59.0     270.3     238.2     465.9     407.8 
    Nitrate + Nitrite Nitrogen..........       16       17       32       34      0.47      0.56      0.00      0.00      1.94      1.90      0.40      0.46      1.29      1.64      2.00      2.67
    Total Kjeldahl Nitrogen.............       16       17       32       34      2.89      2.41      0.00      0.00     10.00      6.60      2.40      2.15      9.15      6.33     16.22     10.14
    Oil & Grease........................       16      N/A       32      N/A     14.0     N/A         0.0     N/A        93.0     N/A         5.0     N/A        63.6     N/A       149.9     N/A   
    pH..................................       14      N/A       30      N/A    N/A       N/A         6.1     N/A         8.4     N/A         7.1     N/A         8.3     N/A         8.9     N/A   
    Total Phosphorus....................       16       17       32       34      0.56      0.49      0.00      0.00      2.10      1.80      0.47      0.38      1.51      1.71      2.47      3.23
    Total Suspended Solids..............       16       17       32       34    140        64         2         2       410       200       103        41       888       295      2686      750    
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
                               Table U-8.--Statistics for Selected Pollutants Reported by Fats and Oils Manufacturing Facilities Submitting Part II Sampling Datai (mg/L)                           
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                              No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile     99th percentile  
                                            facilities    ------------------------------------------------------------------------------------------------------------------------------------------
            PollutantSample type        ------------------                                                                                                                                          
                                           Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp       Grab      Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5...............................       12       12       19       19     68.0      38.6       0.0       0.0     180.0      75.0      57.0      41.0     240.7     108.0      466.2     177.1 
    COD................................       12       12       19       19    322.6     191.1      17.0       9.60   1040.0     840.0     230.0     150.0    1253.4     640.1     2622.1    1216.4 
    Nitrate + Nitrite Nitrogen.........       12       12       19       19      2.69      1.65      0.32      0.23     18.30      4.90      1.37      1.01      7.97      4.82      15.95      8.58
    Total Kjeldahl Nitrogen............       12       12       19       19     19.60      7.96      0.00      0.0     240.00     65.2       3.40      2.75     55.66     24.1      156.55     53.5 
    Oil & Grease.......................       11      N/A       18      N/A     28.5     N/A         0.0     N/A       150.0     N/A         7.8     N/A       178.1     N/A        527.7     N/A   
    pH.................................       11      N/A       17      N/A    N/A       N/A         5.7     N/A        10.0     N/A         7.6     N/A        10.0     N/A         11.1     N/A   
    Total Phosphorus...................       12       12       19       19      0.91      1.96      0.00      0.00      8.11     15.8       0.37      0.23      3.18      6.75       7.65     21.73
    Total Suspended Solids.............       10       11       17       18    635       442         3         0      4850      3060       290       175      3746      1725      12233     4158    
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
                                        Table U-9.--Statistics for Selected Pollutants Reported by Beverages Facilities Submitting Part II Sampling Datai (mg/L)                                    
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                               No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile     99th percentile 
                                             facilities    -----------------------------------------------------------------------------------------------------------------------------------------
            PollutantSample type         ------------------                                                                                                                                         
                                            Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5................................       18       15       29       23    16.8       8.61      1.0       1.0     153.0      35.0        6.0       5.0     52.7      25.1     115.4      45.6  
    COD.................................       18       15       29       23    70.1      42.1       9.0       5.0     270.0      88.0       49.0      46.0    214.3     125.2     401.6     217.3  
    Nitrate + Nitrite Nitrogen..........       18       15       29       23     0.60      0.65      0.00      0.04      1.90      2.10       0.41      0.60     1.67      2.12      2.85      3.96 
    Total Kjeldahl Nitrogen.............       18       15       29       23     1.54      0.95      0.31      0.27      7.45      2.9        1.00      0.74     3.82      2.11      6.35      3.15 
    
    [[Page 51012]]
                                                                                                                                                                                                    
    Oil & Grease........................       18      N/A       29      N/A     1.7     N/A         0.0     N/A         7.0     N/A          1.2     N/A        4.3     N/A         6.4     N/A    
    pH..................................       18      N/A       29      N/A   N/A       N/A         4.8     N/A         8.9     N/A          7.3     N/A        8.9     N/A         9.8     N/A    
    Total Phosphorus....................       18       15       29       23     0.51      0.36      0.05      0.06      5.40      2.70       0.26      0.20     1.39      0.94      2.79      1.71 
    Total Suspended Solids..............       18       15       29       23    29         9.7       3         0       170        36         18         5       95        32       193        65    
    Zinc, Total.........................       10        8       11        9     0.179     0.141     0.000     0.000     0.440     0.400      0.13      0.07     0.549     0.517     0.922     0.969 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
    
                  Table U-10.--Statistics for Selected Pollutants Reported by Miscellaneous Food Preparations and Kindred Products Facilities Submitting Part II Sampling Datai (mg/L)              
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                              No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile     99th percentile  
                                            facilities    ------------------------------------------------------------------------------------------------------------------------------------------
            PollutantSample type        ------------------                                                                                                                                          
                                           Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp       Grab      Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5...............................        7        7       15       15     16.8     11.9        0.0       0.0      67.0      66.0       8.5       4.20     59.0      39.5      118.5      80.6 
    COD................................        7        7       15       15    103.1     81.1       13.0      17.0     297.0     504.0      63.0      52.0     371.2     211.4      759.3     384.2 
    Nitrate + Nitrite Nitrogen.........        7        7       15       15      0.49     0.47       0.00      0.0       1.17      1.22      0.48      0.38      1.79      1.65       3.11      2.93
    Total Kjeldahl Nitrogen............        7        7       15       15      2.76     1.96       0.44      0.40     11.90      7.81      1.59      1.35      8.88      5.51      17.42      9.99
    Oil & Grease.......................        7      N/A       15      N/A      4.4    N/A          0.0     N/A        16.0     N/A         2.9     N/A        15.7     N/A         28.5     N/A   
    pH.................................        8      N/A       16      N/A    N/A      N/A          2.3     N/A         8.6     N/A         6.9     N/A        12.0     N/A        N/A             
    Total Phosphorus...................        7        7       15       15      0.52     0.423      0.03      0.03      1.67      1.67      0.30      0.23      2.50      1.91       6.31      4.91
    Total Suspended Solids.............        7        7       15       14    481      132          0         1      2880      1063       179        51      4441       719      21493     2499    
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    4. Options for Controlling Pollutants.
        One option for controlling pollutants in storm water is to set 
    effluent limitations for these discharges. EPA does not consider this 
    to be feasible because of the lack of performance data necessary to 
    develop limitations.
        Pursuant to 40 CFR 122.44(k), permits may contain Best Management 
    Practices (BMPs) to control or abate the discharge of pollutants in 
    storm water, when applicable (and where numeric effluent limitations 
    are infeasible). EPA believes that the most effective BMPs for reducing 
    pollutants in storm water discharges from food and kindred products 
    processing facilities is through exposure minimization and good 
    housekeeping practices. Exposure minimization practices reduce the 
    potential for storm water to come in contact with pollutants. Good 
    housekeeping practices ensure that the facility is responsive to 
    routine and non-routine activities that may increase exposure of 
    pollutants to storm water. The BMPs necessary to address these two 
    concerns are generally uncomplicated and inexpensive practices. They 
    are easy to implement, and require little or no maintenance. Minor 
    capital expenses, such as construction of cement pads or berms/dikes, 
    may be necessary in some cases, although these types of control 
    structures already exist at many food and kindred products processing 
    facilities. In a few instances, more intensive BMPs, such as detention 
    ponds or filtering devices, may be necessary depending on the type of 
    discharge, types and concentrations of contaminants, and volume of 
    flow, although these occurrences are expected to be very low for the 
    sector as a whole. The types of material management practices 
    identified in the storm water group applications for the food and 
    kindred products processing sector, for sampling facilities only, are 
    identified in Table U-11. In fact, part 1 group application data 
    indicate that BMPs are widely implemented at food and kindred products 
    processing facilities.
        The selection of the most effective BMPs will be based on site-
    specific considerations such as: facility size, climate, geographic 
    location, geology/hydrogeology and the environmental setting of each 
    facility, and volume and type of discharge generated. Each facility 
    will be unique in that the source, type, and volume of contaminated 
    storm water will differ. In addition, the fate and transport of 
    pollutants in these discharges will vary. EPA believes that the 
    management practices discussed herein are well suited mechanisms to 
    prevent or control the contamination of storm water discharges 
    associated with food and kindred products processing facilities.
    
                 Table U-11.--Material Management Practicesi,ii             
    ------------------------------------------------------------------------
                                                                            
    ------------------------------------------------------------------------
    Absorbent mats                       Preventative maintenance           
    Baghouse                             Retaining wall                     
    BMPs                                 Roof drains                        
    Catch basin                          Sealed tanks                       
    Concrete pad                         Shoveling                          
    Containment                          Site inspection                    
    Cover (drums, holding pen, loading,  Spill prevention plan              
     storage)                                                               
    Curbing                              Spillstoppers                      
    Diking                               Stone filters                      
    Diversion                            Sumps                              
    Drains                               Swales                             
    Dust control                         Sweeping                           
    Housekeeping                         Tarps (i.e., temporary covers)     
    Indoor storage                       Training                           
    Infiltration                         V-Strips                           
    
    [[Page 51013]]
                                                                            
    Mopping                              Vacuuming                          
    Oil interceptor                      Valves                             
    Oil/water separators                 Vinyl socks                        
    Overfill protection                  Waste minimization procedures      
    Ponds                                Wetland                            
    ------------------------------------------------------------------------
    i NPDES Storm Water Group Applications--Part 2. Application Nos. 12, 13,
      37, 81, 125, 159, 178, 179, 312, 436, 437, 446, 541, 557, 583, 584,   
      599, 630, 730, 789, 811, 819, 935, 936, 1006, 1096, 1147, and 1159.   
    ii NPDES Storm Water Group Applications--Part 1. Application Nos. 12,   
      13, 37, 60, 81, 125, 144, 159, 178, 179, 312, 436, 437, 446, 533, 541,
      545, 557, 583, 584, 599, 630, 680, 730, 733, 789, 811, 819, 932, 935, 
      936, 1006, 1096, 1147, 1159, and 1217.                                
    
    
        Table U-12 identifies general BMPs that are applicable to a variety 
    of food and kindred products processing subsectors, while Table U-13 
    identifies BMPs for specific processing operations.
    
     Table U-12.--General Storm Water BMPs for the Food and Kindred Products
                          Processing Sector i,ii,iii,iv                     
    ------------------------------------------------------------------------
             Activity                               BMPs                    
    ------------------------------------------------------------------------
    A. Raw Material Unloading/  Ensure that a facility              
     Product Loading.           representative is present during unloading/ 
                                loading activities.                         
                                Inspect the unloading/loading areas 
                                to detect problems before they occur.       
        Shipping and            Close storm drains during loading/  
         Receiving.             unloading activities in surrounding area.   
                                Inspect all containers prior to     
                                unloading/loading of any raw or spent       
                                materials.                                  
                                Install backflow prevention devices 
                                on liquid transfer equipment.               
                                Inspect all connection equipment    
                                (e.g., hoses and couplings), and replace    
                                when necessary, before performing unloading/
                                loading activities.                         
                                Perform all unloading/loading       
                                activities in a covered and/or enclosed     
                                areas.                                      
                                Use drip pans when loading/unloading
                                liquid product.                             
                                Situate loading/unloading areas     
                                indoors or in a covered area.               
                                Use rubber seals in truck loading   
                                dock areas to contain spills indoors.       
                                Drain hoses back into truck,        
                                railcar, etc. after loading/unloading       
                                materials.                                  
                                Install high level alarm on tanks to
                                prevent overfilling.                        
                                Ensure that berms and dikes are     
                                built around the unloading/loading areas, if
                                applicable.                                 
                                If outside or in covered areas,     
                                minimize runon of storm water into the      
                                unloading/loading areas by grading the areas
                                to ensure that storm water runs off.        
                                Use dry cleanup methods for         
                                unloading/loading areas rather than washing 
                                the areas down.                             
                                Train employees on proper unloading/
                                loading techniques.                         
                                Initiate an inventory control for   
                                all raw and spent materials.                
    B. Storage Containers:                                                  
        Liquid Storage.......   Inspect the external condition      
                                (corrosion, leaks) of the containers.       
                                Inspect the general area around the 
                                containers.                                 
                                Ensure that beams and dikes are     
                                built around the containers.                
                                Cover and/or enclose.               
                                Bulkhead liquid storage tanks       
                                indoors (i.e., tank outlets located inside  
                                buildings).                                 
        Liquid Storage          Ensure that all containers are      
         (drums, carboys, and   closed (e.g., valves shut, lids and manways 
         gallon jugs).          sealed, caps closed).                       
                                Wash containers indoors before      
                                storing empty containers outdoors.          
                                If outside or in a covered area,    
                                minimize runon of storm water into a storage
                                area by grading area to ensure that storm   
                                water runs ``off'' and not ``on''.          
                                Train employees on proper storage   
                                techniques (e.g., filling and transferring  
                                contents).                                  
                                Maintain employee training on proper
                                handling and transportation of materials.   
                                Maintain an inventory control of all
                                raw and spent materials.                    
                                Employ measures to protect against  
                                spillage from the overflows (e.g., high     
                                level sensors, alarms).                     
        Solid Storage (silos,   Consider vacuum emission control    
         holding bins, fiber    systems for airborne dust and particulate   
         drums, etc.).          matter.                                     
    C. Waste Management:       .............................................
         Wastewater..........   Perform treatment processes in-     
                                house, if possible.                         
                                Inspect the outside pipe connections
                                (couplings, valve seals and gaskets,        
                                flanges, etc.) of the treatment system for  
                                leaks, corrosion, and poor maintenance      
                                upkeep.                                     
        Solid Waste (paper,     Inspect the general area around the 
         wood pellets, scrap    solid waste (e.g., look for signs of        
         metals, refuse,        leaching).                                  
         etc.).                 Store waste so that it is physically
                                contained (dumpsters, drums, bags).         
                                Store waste in an enclosed/covered  
                                area.                                       
                                If outside or in a covered area,    
                                minimize exposure to storm water by grading 
                                the area to ensure that storm water runs    
                                ``off'' and not ``on''.                     
                                Ensure hazardous waste disposal     
                                practices are performed in accordance with  
                                Federal, State, and local requirements.     
                                Route trash compactor leakage to    
                                treatment system or sanitary sewer.         
         Air Emissions.......   Clean around vents and stacks to    
                                atmosphere from process and storage areas.  
                                Place tubs around vents and stacks  
                                for easy collection of settling particles.  
                                Inspect air emission control systems
                                (e.g., baghouses) regularly and repair and  
                                replace as necessary.                       
                                Route overflows/condensates from    
                                process vents to onsite treatment system or 
                                to the sanitary sewer.                      
    D. Pest Control..........   Follow manufacturers directions for 
                                application of pest control materials to    
                                site.                                       
    
    [[Page 51014]]
                                                                            
                                Time application for dry weather    
                                conditions.                                 
                                Store partially full containers     
                                indoors or undercover.                      
                                Apply insecticides during breeding  
                                months.                                     
                                Protect rat bait houses from storm  
                                water.                                      
    E. Improper Connections     Perform smoke or dye testing to     
     to the Storm Sewer.        determine if interconnections exist between 
                                the sanitary and storm sewers.              
                                Plug all floor drains leading to    
                                storm sewers.                               
                                Update facility schematics to       
                                accurately reflect all plumbing connections.
    F. General...............   Offer employee incentives so that   
                                employees will develop cost effective,      
                                worker efficient BMPs.                      
                                Request outside firm to conduct a   
                                storm water inspection/audit.               
                                Inspect material transfer lines/    
                                connections for leaks or signs of wear and  
                                repair or replace as necessary.             
    ------------------------------------------------------------------------
    i ``Standard Handbook of Environmental Engineering,'' Corbitt, Robert   
      A., McGraw-Hill, Inc., 1990.                                          
    ii Air Pollution Engineering Manual, Air and Waste Management           
      Association, Edited by Anthony J. Buonicore and Wayne T. Davis, Van   
      Nostrand Reinhold, New York, 1992.                                    
    iii ``Environmental Engineering and Sanitation,'' Fourth Edition,       
      Salvato, Joseph A., John Wiley & Sons, Inc., 1992.                    
    iv Storm Water Management for Industrial Activities: Developing         
      Pollution Prevention Plans and Best Management Practices (EPA 832-R-92-
      006), EPA, Office of Water, September 1992.                           
    
    
    
    Table U-13.--Specific Storm Water BMPs for the Food and Kindred Products
                          Processing Sectori,ii,iii,iv                      
    ------------------------------------------------------------------------
             Activity                               BMPs                    
    ------------------------------------------------------------------------
    A. Meat Products:                                                       
         Animal         Inspect area around animal holding  
         Holding Pens (beef,    pens.                                       
         chicken).              Enclose/cover fowl hanging area.    
                                Enclose/cover the animal holding    
                                pens.                                       
                                Grade the areas around the animal   
                                holding pens to ensure storm water ``runs   
                                off'' and not ``on'' to the holding pen.    
                               .............................................
                                Train employees on proper material  
                                (i.e., hide, hair, feathers, animal parts)  
                                clean-up procedures around and within the   
                                animal holding pens.                        
                                Store animal manure and other       
                                materials from clean-up activities in       
                                appropriate containers in an enclosed/      
                                covered area.                               
                                Area for trailers holding empty bird
                                cages should have storm water runon/runoff  
                                controls in place.                          
                                Use mechanical sweepers around site 
                                to clean up fugitive feathers, dust, and    
                                manure.                                     
    B. Dairy Products:                                                      
         Packaged       Inspect area around aged/spoiled    
         Dairy Products         dairy products.                             
         (spoiled and broken    Store aged/spoiled dairy products in
         product containers).   enclosed area.                              
                                Train employees on proper disposal  
                                methods for all aged/spoiled dairy products.
                                Ensure that all aged/spoiled product
                                (e.g., bottles, cartons, plastic containers)
                                are disposed of in a proper manner (bagged, 
                                covered).                                   
    C. Canned Frozen and                                                    
     Preserved Fruits,                                                      
     Vegetables, and Frozen                                                 
     Specialties:                                                           
         Fruit and      Inspect all fruit and vegetable     
         Vegetable Storage      storage areas.                              
         and Disposal.          Store all fruits and vegetables in  
                                appropriate containers (e.g., bins, bushels,
                                baskets, buckets) and in enclosed/covered   
                                areas.                                      
                                Store empty fruit and vegetable     
                                containers in an enclosed/covered area.     
                                Train employees on proper handling/ 
                                disposal methods for fresh/rotten fruits and
                                vegetables.                                 
                                Consider air emission control       
                                systems for all cooking processes to reduce 
                                particulate matter.                         
                                Minimize fruit and vegetable storage
                                time outdoors.                              
    D. Grain Mills                                                          
         Grain          Inspect the general area around the 
         Handling, Storage      grain storage.                              
         and Mixing.            Store all grain in appropriate      
                                containers (e.g., silos, hoppers) in an     
                                enclosed/covered area.                      
                                Train employees on grain handling   
                                procedures.                                 
                                Consider a vacuum control system in 
                                all grain mixing areas.                     
    E. Bakery Products:                                                     
         Ingredient     Inspect ingredient storage areas.   
         Storage and Mixing.    Store all ingredients (e.g., corn   
                                sweeteners, flour, shortening, syrup,       
                                vegetable oils) in appropriate containers   
                                (e.g., tanks, drums, bags) in an enclosed/  
                                covered area.                               
         Baking         Remove flour/oil dust accumulation  
         Process.               around ventilation exhaust systems.         
                                Install an air emission control     
                                system for all baking processes to reduce   
                                particulate matter.                         
    F. Sugar and                                                            
     Confectionery:                                                         
         Sugar          Consider a vacuum control system in 
         Handling.              all granular and powdered processing areas. 
    G. Fats & Oils:                                                         
    
    [[Page 51015]]
                                                                            
         Fats and       Inspect all Fats and Oils storage   
         Oils Storage and       areas.                                      
         Disposal.              Store all fats and oils, (e.g.,     
                                butcher shop materials, hair, hide, tallow, 
                                bone meal, and offal) in enclosed/covered   
                                areas.                                      
                                Ensure all fats and oils are        
                                physically contained.                       
     H. Beverages:                                                          
        Material Storage and    Ensure grain is stored in enclosed/ 
         Mixing.                covered area.                               
                                Consider an air emission control    
                                system for all grain handling and brewing   
                                processes.                                  
                                Protect reusable beverage containers
                                that are stored outdoors from storm water   
                                contact.                                    
    ------------------------------------------------------------------------
    i ``Standard Handbook of Environmental Engineering,'' Corbitt, Robert   
      A., McGraw-Hill, Inc., 1990.                                          
    ii Air Pollution Engineering Manual, Air and Waste Management           
      Association, Edited by Anthony J. Buonicore and Wayne T. Davis, Van   
      Nostrand Reinhold, New York, 1992.                                    
    iii ``Environmental Engineering and Sanitation,'' Fourth Edition,       
      Salvato, Joseph A., John Wiley & Sons, Inc., 1992.                    
    iv Storm Water Management for Industrial Activities: Developing         
      Pollution Prevention Plans and Best Management Practices (EPA 832-R-92-
      006), EPA, Office of Water, September 1992.                           
    
    
    5. Storm Water Pollution Prevention Plan Requirements
        All facilities included in this section of today's permit must 
    prepare and implement a storm water pollution prevention plan. The 
    establishment of a pollution prevention plan requirement reflects EPA's 
    decision to allow operators of food and kindred products processing 
    facilities to utilize BMPs as the BAT/BCT level of control for the 
    storm water discharges covered by this section. The requirements 
    included in pollution prevention plans provides a flexible framework 
    for the development and implementation of site-specific controls to 
    minimize pollution in storm water discharges. This approach is 
    consistent with the approach used in the baseline general permits 
    finalized on September 9, 1992 (57 FR 41236).
        EPA believes that pollution prevention is the most effective 
    approach for controlling contaminated storm water discharges from food 
    and kindred products processing facilities. Pollution prevention plans 
    allow the operator of a facility to select BMPs based on site-specific 
    considerations such as: facility size; climate; geographic location; 
    hydrogeology; the environmental setting of each facility; and volume 
    and type of discharge generated. This flexibility is necessary because 
    each facility will be unique in that the source, type and volume of 
    contaminated surface water discharges will differ from site to site.
        There are two major objectives to a pollution prevention plan: (1) 
    To identify sources of pollution potentially affecting the quality of 
    storm water discharges associated with industrial activity from a 
    facility, and (2) to describe and ensure implementation of practices to 
    minimize and control pollutants in storm water discharges associated 
    with industrial activity from a facility.
        Specific requirements for a pollution prevention plan for food and 
    kindred products processing facilities are described below. These 
    requirements must be implemented in addition to the baseline pollution 
    prevention plan provisions discussed previously.
        a. Contents of the Plan. Storm water pollution prevention plans are 
    intended to aid operators of food and kindred products processing 
    facilities to evaluate all potential pollution prevention sources at a 
    site, and assist in the selection and implementation of appropriate 
    measures designed to prevent, or control, the discharge of pollutants 
    in storm water runoff. EPA has developed guidance entitled ``Storm 
    Water Management for Industrial Activities: Developing Pollution 
    Prevention Plans and Best Management Practices,'' EPA, 1992 (EPA 832-R-
    92-006), to assist permittees in developing and implementing pollution 
    prevention measures.
        (1) Pollution Prevention Team. As a first step in the process of 
    developing and implementing a storm water pollution prevention plan, 
    permittees must identify a qualified individual or team of individuals 
    to be responsible for developing the plan and assisting the facility or 
    plant manager in its implementation. When selecting members of the 
    team, the plant manager should draw on the expertise of all relevant 
    departments within the plant to ensure that all aspects of plant 
    operations are considered when the plan is developed. The plan must 
    clearly describe the responsibilities of each team member as they 
    relate to specific components of the plan. In addition to enhancing the 
    quality of communication between team members and other personnel, 
    clear delineation of responsibilities will ensure that every aspect of 
    the plan is addressed by a specified individual of group of 
    individuals. Pollution Prevention Teams may consist of one individual 
    where appropriate (e.g., in certain small businesses with limited storm 
    water pollution potential).
        (2) Description of Potential Pollutant Sources. Each storm water 
    pollution prevention plan must describe activities, materials, and 
    physical features of the facility that may contribute to storm water 
    runoff or, during periods of dry weather, result in dry weather flows. 
    This assessment of storm water pollution prevention will support 
    subsequent efforts to identify and set priorities for necessary changes 
    in materials, materials management practices, or site features, as well 
    as aid in the selection of appropriate structural and nonstructural 
    control techniques. Plans must describe the following elements:
        (a) Drainage--The plan must contain a map of the site that shows 
    the pattern of storm water drainage, structural and nonstructural 
    features that control pollutants in storm water runoff, and process 
    wastewater discharges, surface water bodies (including wetlands), 
    places where significant materials are exposed to rainfall and runoff, 
    and locations of major spills and leaks that occurred in the 3 years 
    prior to the date of the submission of a Notice of Intent (NOI) to be 
    covered under this permit. The map must also show areas where the 
    following general activities take place: loading/unloading areas; 
    vehicle fueling; vehicle and equipment maintenance and/or cleaning 
    areas; waste treatment, storage, and disposal locations; and liquid 
    storage tanks. In addition, as identified in the Part 1 Storm Water 
    Group Applications, the following areas are also potential sources of 
    pollutants in storm water from food and kindred products processing 
    facilities: vents and stacks from cooking and drying operations and 
    
    [[Page 51016]]
    dry product vacuum transfer lines; animal holding pens; spoiled product 
    and broken product container storage areas; and significant dust or 
    particulate generating areas. The site map must identify all monitoring 
    locations that must be sampled as part of the monitoring requirements 
    of the permit. (Monitoring and Reporting Requirements). This will allow 
    for a direct comparison of the industrial activities exposed to storm 
    water with the analytical data for storm water discharges from these 
    areas. The site map must also indicate the outfall locations and the 
    types of discharges contained in the drainage areas of the outfalls 
    (e.g. storm water and air conditioner condensate). In order to increase 
    the readability of the map, the inventory of the types of discharges 
    contained in each outfall may be kept as an attachment to the site map.
        (b) Inventory of Exposed Materials--Facility operators are required 
    to carefully conduct an inspection of the site and related records to 
    identify significant materials that are or may be exposed to storm 
    water. The inventory must address materials that within 3 years prior 
    to the date of the submission of a Notice of Intent (NOI) to be covered 
    under this permit have been handled, stored, processed, treated, or 
    disposed of in a manner to allow exposure to storm water. Findings of 
    the inventory must be documented in detail in the pollution prevention 
    plan. At a minimum, the plan must describe the method and location of 
    onsite storage or disposal; practices used to minimize contact of 
    materials with rainfall and runoff; existing structural and 
    nonstructural controls that reduce pollutants in storm water runoff; 
    existing structural controls that limit process wastewater discharges; 
    and any treatment that the runoff receives before it is discharged to 
    surface waters or a separate storm sewer system. The description must 
    be updated whenever there is a significant change in the types or 
    amounts of materials, or material management practices, that may affect 
    the exposure of materials to storm water.
        (c) Significant Spills and Leaks--The plan must include a list of 
    any significant spills and leaks of toxic or hazardous pollutants that 
    occurred in the 3 years prior to the date of the submission of a Notice 
    of Intent (NOI) to be covered under this permit. Significant spills 
    include, but are not limited to, releases of oil or hazardous 
    substances in excess of quantities that are reportable under Section 
    311 of CWA (see 40 CFR 110.10 and 117.21) or Section 102 of the 
    Comprehensive Environmental Response, Compensation and Liability Act 
    (CERCLA) (see 40 CFR 302.4). Significant spills may also include 
    releases of oil or hazardous substances that are not in excess of 
    reporting requirements and releases of materials that are not 
    classified as oil or a hazardous substance.
        (d) Non-storm Water Discharges--Each pollution prevention plan must 
    include a certification, signed by an authorized individual, that 
    discharges from the site have been tested or evaluated for the presence 
    of non-storm water discharges. The certification must describe possible 
    significant sources of non-storm water, the results of any test and/or 
    evaluation conducted to detect such discharges, the test method or 
    evaluation criteria used, the dates on which tests or evaluations were 
    performed, and the onsite drainage points directly observed during the 
    test or evaluation. Pollution prevention plans must identify and ensure 
    the implementation of appropriate pollution prevention measures for the 
    non-storm water discharge.
        (e) Sampling Data--Any existing data on the quality or quantity of 
    storm water discharges from the facility must be described in the plan. 
    The description should include a discussion of the methods used to 
    collect and analyze the data. Sample collection points should be 
    identified in the plan and shown on the site map. Also, the plan should 
    identify the types of storm water discharges (i.e., applicable sectors) 
    being sampled at each outfall.
        (f) Summary of Potential Pollutant Sources--The description of 
    potential pollutant sources culminates in a narrative assessment of the 
    risk potential that the industrial activities, materials, and physical 
    features of the site pose to storm water quality. Any such activities, 
    materials, or features must be addressed by the measures and controls 
    subsequently described in the plan. In conducting the assessment, the 
    facility operator must consider the following activities: loading/
    unloading areas; vehicle fueling; vehicle and equipment maintenance 
    and/or cleaning areas; waste treatment, storage, and disposal 
    locations; liquid storage tanks; vents and stacks from cooking and 
    drying operations and dry product vacuum transfer lines; animal holding 
    pens; out-of-date/spoiled product storage areas; and significant dust 
    or particulate generating areas. The assessment must list any 
    significant pollution sources at the site and identify the pollutant 
    parameter or parameters (e.g., biochemical oxygen demand, oil and 
    grease, etc.) associated with each source.
        In addition to food and kindred products processing related 
    industrial activities, the plan must also describe application and 
    storage of pest control chemicals (e.g., rodenticides, insecticides, 
    fungicides, etc.) used at the facility, including a discussion of 
    application and storage procedures.
        (3) Measures and Controls. The permittee must evaluate, select, and 
    describe the pollution prevention measures, BMPs, and other controls 
    that will be implemented at the facility. EPA emphasizes the 
    implementation of pollution prevention measures and BMPs that reduce 
    possible pollutant discharges at the source. Source reduction measures 
    include, among others, preventative maintenance, chemical substitution, 
    spill prevention, good housekeeping, training, and proper materials 
    management. Where source reduction is not appropriate, EPA supports the 
    use of source control measures and BMPs such as material segregation or 
    covering, water diversion, and dust control. If source reduction or 
    source control are not possible, recycling or treatment are the 
    remaining alternatives. Recycling allows the reuse of storm water while 
    treatment lowers pollutant concentrations prior to discharge. Since the 
    majority of food and kindred products processing is conducted indoors, 
    the activities identified above are geared towards only those 
    activities that may contribute pollutants to storm water. Also because 
    of the relatively few activities that are conducted outdoors within 
    this sector, pollution prevention measures, BMPs, and other controls 
    should be relatively few and easy for any given permittee. Also, these 
    measures are the most appropriate means to reduce pollutant loadings to 
    storm water (as opposed to pollutant limitations) because of the 
    relative ease and the significant reductions in pollutant loads that 
    can be realized. The permittee should consider the general storm water 
    BMPs for the food and kindred products processing sector identified in 
    Table U-12 and the subsector specific BMPs provided in Table U-13 when 
    assessing the need for storm water measures and controls.
        The pollution prevention plan must discuss the reasons each 
    selected control or practice is appropriate for the facility and how 
    each of the potential pollutant sources will be addressed. The plan 
    must also identify the times during which each control or practice will 
    be implemented. Also, the plan should summarize the effects that the 
    controls or practices will have on storm water discharges from the 
    site. At a minimum, the measures and controls must address the 
    following components: 
    
    [[Page 51017]]
    
        (a) Good Housekeeping--Permittees must describe protocols 
    established to reduce the possibility of mishandling chemicals or 
    equipment and training employees in good housekeeping techniques. 
    Specifics of this plan must be communicated to appropriate plant 
    personnel.
        (b) Preventative Maintenance--Permittees are required to develop a 
    preventative maintenance program that includes regular inspections and 
    maintenance of storm water BMPs. The purpose of the inspections is to 
    assess the effectiveness of the storm water pollution prevention plan. 
    The inspections allow facility personnel to monitor the success or 
    failure of elements of the plan on a regular basis. The use of an 
    inspection checklist should be considered. A checklist ensures that all 
    required areas are inspected, as well as providing documentation for 
    the recordkeeping requirement.
        (c) Spill Prevention and Response Procedures--Permittees are 
    required to identify appropriate material handling procedures, storage 
    requirements, containment or diversion equipment, and spill cleanup 
    procedures that will minimize the potential for spills and in the event 
    of a spill enable proper and timely response. Areas and activities that 
    typically pose a high risk for spills at food and kindred products 
    processing facilities include raw material unloading and product 
    loading areas, material storage areas, and waste management areas 
    (e.g., dumpsters, compactors). These activities and areas, and their 
    accompanying drainage points, must be described in the plan.
        (d) Inspections--In addition to the comprehensive site evaluation 
    required under XI.U.6.b. (Comprehensive Site Compliance Evaluation) of 
    this section of today's permit, qualified personnel must inspect 
    designated equipment and areas of the facility at appropriate intervals 
    as specified in the plan. Areas that are found to possibly contribute 
    pollutants to storm water are identified in this section of today's 
    permit as requisite areas for periodic scheduled inspections. A set of 
    tracking or follow-up procedures must be used to ensure that 
    appropriate actions are taken in response to the inspections. Records 
    of inspections must be maintained. Inspections shall be carried out by 
    qualified facility personnel at least once each year.
        (e) Employee Training--Permittees must describe a program for 
    informing personnel at all levels of responsibility of the components 
    and goals of the storm water pollution prevention plan. Training should 
    address topics such as good housekeeping, materials management, and 
    spill response procedures. A schedule for conducting this training must 
    be provided in the plan. Where appropriate, contractor personnel also 
    must be trained in relevant aspects of storm water pollution 
    prevention. EPA recommends that facilities conduct training annually at 
    a minimum. However, more frequent training may be necessary at 
    facilities with high turnover of employees or where employee 
    participation is essential to the storm water pollution prevention 
    plan.
        (f) Recordkeeping and Internal Reporting Procedures--Permittees 
    must describe procedures for developing and retaining records on the 
    status and effectiveness of plan implementation. The plan must address 
    spills, monitoring, and BMP inspection and maintenance activities. 
    Ineffective BMPs must be reported and the date of their corrective 
    action noted.
        (g) Sediment and Erosion Control--Permittees must identify areas 
    that, due to topography, activities, soils, cover materials, or other 
    factors have a high potential for significant soil erosion. Measures to 
    limit erosion in these areas must be identified.
        (h) Management of Runoff--Permittees must provide a narrative 
    assessment of traditional storm water management practices that divert, 
    infiltrate, reuse, or otherwise manage storm water runoff so as to 
    reduce the discharge of pollutants. Based on the assessment, the 
    permittee must identify practices that are reasonable and appropriate 
    for the facility and must describe the particular pollutant source area 
    or activity to be controlled by each storm water management practice. 
    Reasonable and appropriate practices must be implemented and 
    maintained.
        b. Comprehensive Site Compliance Evaluation. The storm water 
    pollution prevention plan must describe the scope and content of 
    comprehensive site evaluations that qualified personnel will conduct to 
    (1) confirm the accuracy of the description of potential pollution 
    sources contained in the plan, (2) determine the effectiveness of the 
    plan, and (3) assess compliance with the terms and conditions of this 
    section of today's permit. Comprehensive site compliance evaluations 
    must be conducted at least annually for food and kindred products 
    processing facilities. The individual or individuals who will conduct 
    the evaluation must be identified in the plan and should be members of 
    the pollution prevention team. Evaluation reports must be retained for 
    at least 3 years after the date of the evaluation. Where compliance 
    evaluation schedules overlap with inspections required under 
    XI.V.3.a.(3)(d) of this section, the compliance evaluation may be 
    conducted in place of one such inspection.
        Based on the results of each evaluation, the description of 
    potential pollution sources, and measures and controls, the plan must 
    be revised as appropriate within 2 weeks after each inspection. Changes 
    in the measures and controls must be implemented on the site in a 
    timely manner, and never more than 12 weeks after completion of the 
    evaluation.
    6. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. EPA believes that food and 
    kindred products facilities may reduce the level of pollutants in storm 
    water runoff from their sites through the development and proper 
    implementation of the storm water pollution prevention plan 
    requirements discussed in today's permit. In order to provide a tool 
    for evaluating the effectiveness of the pollution prevention plan and 
    to characterize the discharge for potential environmental impacts, the 
    permit requires grain mill products facilities and fats and oils 
    products facilities to collect and analyze samples of their storm water 
    discharges for the pollutants listed in Tables U-14 or U-15. The 
    pollutants listed in Tables U-14 or U-15 were found to be above 
    benchmark levels for a significant portion of facilities in these 
    subsectors that submitted quantitative data in the group application 
    process. Because these pollutants have been reported at benchmark 
    levels from grain mill products and fats and oils products facilities, 
    EPA is requiring monitoring after the pollution prevention plan has 
    been implemented to assess the effectiveness of the pollution 
    prevention plan and to help ensure that a reduction of pollutants is 
    realized.
        Under the Storm Water Regulations at 40 CFR 122.26(b)(14), EPA 
    defined ``storm water discharge associated with industrial activity''. 
    The focus of today's permit is to address the presence of pollutants 
    that are associated with the industrial activities identified in this 
    definition and that might be found in storm water discharges. Under the 
    methodology for determining analytical monitoring requirements, 
    described in section VI.E.1 of this fact sheet, zinc is above the bench 
    mark concentrations for the grain mill and beverage products 
    subsectors. After a review of the nature of industrial activities and 
    the significant materials exposed to storm 
    
    [[Page 51018]]
    water described by facilities in these subsectors, EPA has determined 
    that the higher concentrations of zinc are not likely to be caused by 
    the industrial activity, but may be primarily due to non-industrial 
    activities on-site. Today's permit does not require grain mill or 
    beverage products facilities to conduct analytical monitoring for this 
    parameter.
        At a minimum, storm water discharges from grain mill product and 
    fats and oils product facilities must be monitored quarterly during the 
    second year of permit coverage. Samples must be collected at least once 
    in each of the following periods: January through March; April through 
    June; July through September; and October through December. At the end 
    of the second year of permit coverage, a facility must calculate the 
    average concentration for each parameter listed in Tables U-14 or U-15, 
    and applicable to that industrial subsector. If the permittee collects 
    more than four samples in this period, then they must calculate an 
    average concentration for each pollutant of concern for all samples 
    analyzed.
    
            Table U-14.--Grain Mill Products Monitoring Requirements        
    ------------------------------------------------------------------------
                                                                  Cut-off   
                       Pollutant of concern                    concentration
    ------------------------------------------------------------------------
    Total Suspended Solids (TSS).............................  100 mg/L     
    ------------------------------------------------------------------------
    
    
               Table U-15.--Fats and Oils Monitoring Requirements           
    ------------------------------------------------------------------------
                                                                  Cut-off   
                      Pollutants of concern                    concentration
    ------------------------------------------------------------------------
    Biochemical Oxygen Demand (BOD)..........................  30 mg/L      
    Chemical Oxygen Demand (COD).............................  120 mg/L     
    Nitrate Plus Nitrite Nitrogen............................  0.68 mg/L    
    Total Suspended Solids...................................  100 mg/L     
    ------------------------------------------------------------------------
    
        If the average concentration for a parameter is less than or equal 
    to the value listed in Tables U-14 or U-15, then the permittee is not 
    required to conduct quantitative analysis for that parameter during the 
    fourth year of the permit. If, however, the average concentration for a 
    parameter is greater than the cut-off concentration listed in Table U-
    14 or U-15, then the permittee is required to conduct quarterly 
    monitoring for that parameter during the fourth year of permit 
    coverage. Monitoring is not required during the first, third, and fifth 
    year of the permit. The exclusion from monitoring in the fourth year of 
    the permit is conditional on the facility maintaining industrial 
    operations and BMPs that will ensure a quality of storm water 
    discharges consistent with the average concentrations recorded during 
    the second year of the permit.
    
                       Table U-16.--Schedule of Monitoring                  
                                                                            
                                                                            
    2nd Year of Permit          Conduct quarterly monitoring.       
     Coverage.                                                              
                                Calculate the average concentration 
                                for all parameters analyzed during this     
                                period.                                     
                                If average concentration is greater 
                                than the value listed in Table U-14 or U-15,
                                then quarterly sampling is required during  
                                the fourth year of the permit.              
                                If average concentration is less    
                                than or equal to the value listed in Table U-
                                14 or U-15, then no further sampling is     
                                required for that parameter.                
    4th Year of Permit          Conduct quarterly monitoring for any
     Coverage.                  parameter where the average concentration in
                                year 2 of the permit is greater than the    
                                value listed in Table U-14 or U-15.         
                                If industrial activities or the     
                                pollution prevention plan have been altered 
                                such that storm water discharges may be     
                                adversely affected, quarterly monitoring is 
                                required for all parameters of concern.     
    
        In cases where the average concentration of a parameter exceeds the 
    cut-off concentration, EPA expects permittees to place special emphasis 
    on methods for reducing the presence of those parameters in storm water 
    discharges. Quarterly monitoring in the fourth year of the permit will 
    reassess the effectiveness of the adjusted pollution prevention plan.
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly chemical sampling.
        b. Alternative Certification. Throughout today's permit, EPA has 
    included monitoring requirements for facilities which the Agency 
    believes have the potential for contributing significant levels of 
    pollutants to storm water discharges. The alternative described below 
    is necessary to ensure that monitoring requirements are only imposed on 
    those facilities that do, in fact, have storm water discharges 
    containing pollutants at concentrations of concern. EPA has determined 
    that if materials and activities are not exposed to storm water at the 
    site, then the potential for pollutants to contaminate storm water 
    discharges does not warrant monitoring.
        Therefore, a discharger is not subject to the monitoring 
    requirements of this Part provided the discharger makes a certification 
    for a given outfall, or a pollutant-by-pollutant basis in lieu of 
    monitoring reports required under paragraph (c) below, under penalty of 
    law, signed in accordance with Part VII.G. (Signatory Requirements), 
    that material handling equipment or activities, raw materials, 
    intermediate products, final products, waste materials, by-products, 
    industrial machinery or operations, significant materials from past 
    industrial activity that are located in areas of the facility that are 
    within the drainage area of the outfall are not presently exposed to 
    storm water and will not be exposed to storm water for the 
    certification period. Such certification must be retained in the storm 
    water pollution prevention plan and submitted to EPA in accordance with 
    Part VI.C. of this permit. In the case of certifying that a pollutant 
    is not present, the permittee must submit the certification along with 
    the monitoring reports required under paragraph (c) below. If the 
    permittee cannot certify for an entire period, they must submit the 
    date exposure was eliminated and any monitoring required up until that 
    date. This certification option is not applicable to compliance 
    monitoring requirements associated with effluent limitations. EPA does 
    not expect facilities to be able to exercise this certification for 
    indicator parameters, such as TSS and BOD.
        c. Reporting Requirements. Permittees are required to submit all 
    monitoring results obtained during the second and fourth year of permit 
    coverage within 3 months of the conclusion of each year. For each 
    outfall, one signed Discharge Monitoring Report form must be submitted 
    to the Director per storm event sampled. Such permittees must 
    
    [[Page 51019]]
    submit monitoring results on four separately signed Discharge 
    Monitoring Report Forms to the Director. For facilities conducting 
    monitoring beyond the minimum quarterly requirements an additional 
    Discharge Monitoring Report Form must be filed for each analysis.
        d. Sample Type. All discharge data shall be reported for grab 
    samples. All such samples shall be collected from the discharge 
    resulting from a storm event that is greater than 0.1 inches in 
    magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. The required 
    72-hour storm event interval is waived where the preceding measurable 
    storm event did not result in a measurable discharge from the facility. 
    The required 72-hour storm event interval may also be waived where the 
    permittee documents that less than a 72-hour interval is representative 
    for local storm events during the season when sampling is being 
    conducted. The grab sample shall be taken during the first 30 minutes 
    of the discharge. If the collection of a grab sample during the first 
    30 minutes is impracticable, a grab sample can be taken during the 
    first hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable.
        If storm water discharges associated with industrial activity 
    commingle with process or nonprocess water, then where practicable 
    permittees must attempt to sample the storm water discharge before it 
    mixes with the non-storm water discharge.
        e. Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluent. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        f. Quarterly Visual Examination of Storm Water Quality. All food 
    and kindred products facilities shall perform and document a visual 
    examination of a storm water discharge associated with industrial 
    activity from each outfall, except discharges exempted under paragraph 
    (3) below. The examination(s) must be made at least once in each of the 
    following 3-month periods: January through March, April through June, 
    July through September, and October through December. The examination 
    shall be made during daylight hours unless there is insufficient 
    rainfall or snow melt to produce a runoff event.
        (1) Examinations shall be made of grab samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    1 hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual should carry out the collection and 
    examination of discharges for the entire permit term.
        (2) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (3) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfall(s) provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (4) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examinations. Adverse weather conditions that may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (5) EPA realizes that if a facility is inactive and unstaffed it 
    may be difficult to collect storm water discharge samples when a 
    qualifying event occurs. Today's final permit has been revised so that 
    inactive, unstaffed facilities can exercise a waiver of the requirement 
    to conduct quarterly visual examination.
        EPA believes that this quick and simple assessment will allow the 
    permittee to approximate the effectiveness of his/her plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the chemical properties of the storm water discharged from the 
    site, the examination will provide meaningful results upon which the 
    facility may act quickly. The frequency of this visual examination will 
    also allow for timely adjustments to be made to the plan. If BMPs are 
    performing ineffectively, corrective action must be implemented. A set 
    of tracking or follow-up procedures must be used to ensure that 
    appropriate actions are taken in response to the examinations. The 
    visual examination is intended to be performed by members of the 
    pollution prevention team. This hands-on examination will enhance the 
    staff's understanding of the storm water problems on that site and 
    effects on the management practices that are included in the plan. 
    
    [[Page 51020]]
    
    
    V. Storm Water Discharges Associated With Industrial Activity From 
    Textile Mills, Apparel, and Other Fabric Product Manufacturing 
    Facilities
    
    1. Discharges Covered Under This Section
        Special permit conditions have been developed for textile mills, 
    apparel, and other fabric product manufacturing facilities. The 
    conditions in this section apply to storm water discharges from textile 
    related operations located at any of the facilities covered under the 
    storm water application regulations [40 Code of Federal Regulations 
    (CFR) 122.26] and applying for coverage under this permit.
        The storm water application regulations define storm water 
    discharges associated with industrial activity at 40 CFR 122.26(b)(14). 
    Category (xi) of this definition includes facilities under Standard 
    Industrial Classifications 22 and 23. The conditions in this section 
    apply to storm water discharges from the Textile Mill Products, of and 
    regarding facilities and establishments engaged in the preparation of 
    fiber and subsequent manufacturing of yarn, thread, braids, twine, and 
    cordage, the manufacturing of broadwoven fabrics, narrow woven fabrics, 
    knit fabrics, and carpets and rugs from yarn; processes involved in the 
    dyeing and finishing of fibers, yarn fabrics, and knit apparel; the 
    integrated manufacturing of knit apparel and other finished articles of 
    yarn; the manufacturing of felt goods (wool), lace goods, nonwoven 
    fabrics, miscellaneous textiles, and other apparel products.
        Textile Mill Product facilities (SIC major group 22) typically 
    receive and prepare fibers, transform these materials into fabric or 
    related products, and finish the materials before packaging. Apparel 
    facilities (SIC major group 23) typically receive woven or knitted 
    fabric for cutting, sewing, and packaging. For more information on the 
    industrial activities at textile facilities, consult EPA's 
    ``Development Document for Effluent Limitations Guidelines and 
    Standards for the Textile Mills'' (Document EPA 440/1-79/0226, October 
    1979).
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
    2. Pollutants in Storm Water Discharges Associated with the Manufacture 
    of Textile Products
        Based on group application information and data, and the 
    ``Development Document for Effluent Limitation Guidelines and Standards 
    for the Textile Mills,'' EPA has identified the storm water pollutants 
    and sources resulting from textile manufacturers in Table V-1.
    
                                   Table V-1.                               
    ------------------------------------------------------------------------
            Activity             Pollutant source            Pollutant      
    ------------------------------------------------------------------------
    Raw material storage     Wool, cotton,            TSS, pH, oil and      
     and handling.            synthetics, rayon,       grease, COD, BOD5,   
                              other fibers, coal/      lead, chromium,      
                              wood piles, fuels,       benzene.             
                              oil, lubricants.                              
    Storage and handling of  Dyes, dye                Copper, phenols, lead,
     materials for dyeing.    preservatives,           chromium, zinc,      
                              pigments.                aluminum, acids.     
    Storage and handling of  Wool, scouring agents,   BOD5, COD, TSS, oil   
     materials for scouring   detergents.              and grease, sulfides,
     and cleaning.                                     phenols, pH,         
                                                       chromium.            
    Storage and handling of  Dyes, bleaches,          BOD5, COD, TSS, oil   
     materials for            detergents, finishing    and grease, sulfides,
     bleaching, printing,     agents, printing         phenols, pH,         
     finishing, and other     products.                chromium, hydrogen   
     activities.                                       peroxide, acids.     
    ------------------------------------------------------------------------
    
        Based on the wide variety of industrial activities and significant 
    materials at the facilities included in this sector, EPA believes it is 
    appropriate to divide the textile mills, apparel, and other fabric 
    product manufacturing industry into subsectors to properly analyze 
    sampling data and determine monitoring requirements. As a result, this 
    sector has been divided into the following subsectors: textile mills 
    and apparel and other finished products made from fabrics. Table V-2 
    below includes data for the eight pollutants that all facilities were 
    required to monitor for under Form 2F. The table also lists those 
    parameters that EPA has determined may merit further monitoring. A 
    table has not been included for the apparel and other finished products 
    made from fabrics subsector because less than 3 facilities submitted 
    data.
    
                                  Table V-2.--Statistics for Selected Pollutants Reported by Textile Mill Products Facilities Submitting Part II Sampling Data i (mg/L)                             
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                      No. of      No. of samples           Mean                 Minimum               Maximum               Median           95th percentile       99th percentile  
                                    facilities  ----------------------------------------------------------------------------------------------------------------------------------------------------
        Pollutantsample type     ---------------                                                                                                                                                    
                                   Grab   Comp    Grab     Comp       Grab       Comp       Grab       Comp       Grab       Comp      Grab       Comp       Grab       Comp       Grab       Comp  
    ---------------------------------------ii-------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5........................     51      49     96     93         10.4        9.53       0.0        0.0       50.0       50.2        7.0       7.0       29.8       26.02      51.1       43.2  
    COD.........................     51      49     96     93         61.9       46.25       0.0        0.0      306.0      212.0       41.0      36.0      194.0      132.1      365.0      228.8  
    Nitrate + Nitrite Nitrogen..     51      49     96     93          1.35       1.22       0.00       0.0       71.00      65.0        0.30      0.34       3.17       2.71       6.80       5.74 
    Total Kjeldahl Nitrogen.....     51      49     96     93          1.98       1.71       0.00       0.0        7.40       8.30       1.64      1.50       5.54       4.38       9.03       6.76 
    Oil & Grease................     51     N/A     97    N/A          3.2      N/A          0.0      N/A         42.0      N/A          0.0     N/A         17.8      N/A         35.9      N/A    
    pH..........................     48     N/A     91    N/A        N/A        N/A          4.0      N/A         10.2      N/A          6.9     N/A          9.1      N/A         10.4      N/A    
    Total Phosphorus............     51      49     96     93          0.28       0.29       0.00       0.0       11.00      11.0        0.12      0.11       0.66       0.66       1.29       1.30 
    Total Suspended Solids......     51      49     96     93        126         75          0          0.0     1888       1675         38        20        591        261       1860        694    
    Zinc, Total.................      7       6     16     14          0.328      0.296      0.000      0.070      1.060      0.880      0.19      0.21       1.079      0.769      2.062      1.269 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
     
    [[Page 51021]]
    
    3. Options for Controlling Pollutants
        Table V-3 lists some BMPs which may be effective in limiting the 
    amount of pollutants in storm water discharges from textile facilities. 
    Many of the BMPs suggested focus on the process aspect of textile 
    manufacturing. Although processes are typically conducted indoors, EPA 
    believes that changes in the manufacturing process, such as a switch to 
    less toxic chemicals, can lessen the amount of contamination in storm 
    water discharges. The BMPs listed are not necessarily required to be 
    implemented. Rather, BMPs should be chosen based on the specific nature 
    of the storm water discharges at each textile facility and implemented 
    as appropriate. Based on part 1 information, several of the BMPs 
    suggested are already in place at many of the facilities. Part 1 
    submittals indicate that diking or other types of diversion occur at 55 
    percent of the sampling facilities. Nineteen percent of the sampling 
    facilities noted that they use some form of covering as a BMP, and 
    catch basins are in place at 45 percent. In addition, 64 percent of the 
    facilities designated as samplers in part 1 information reported they 
    had a Spill Prevention Control and Countermeasure Plan in place, while 
    56 percent used swales, 29 percent had vegetation strips, and 12 
    percent utilized ponds to collect storm water.
    
       Table V-3.--Common Best Management Practices for Textile Facilities  
    ------------------------------------------------------------------------
             Activity                               BMPs                    
    ------------------------------------------------------------------------
    Preparation (e.g.,         Waste stream reuse for typical bleach unit   
     Desizing and Scouring).    processing; recycle J-box or kier drain     
                                wastes to saturator.                        
                               Make use of countercurrent washing.          
                               Use washer waste from scour operation for    
                                batch scouring.                             
    Dyeing...................  Perform analysis of spent dye baths for      
                                residual materials.                         
                               Where feasible, obtain background information
                                and data necessary before making product    
                                substitutions. This includes OSHA form 20   
                                data and technical data.                    
                               Be aware of potential problem chemicals, such
                                as aryl phenol ethoxylates, chlorinated     
                                aromatics, chlorinated aromatics, and       
                                metals.                                     
                               Employ pad batch dyeing to eliminate the need
                                for salts and chemical specialties from the 
                                dyebath, with associated reduction in cost  
                                and pollution source reduction.             
    Finishing................  Reuse residual portions of finish mixes as   
                                much as possible by adding back to them the 
                                required components to make up the next mix.
                               Return noncontact cooling water and stream   
                                condensates to either a hot water holding   
                                tank or a clear well. If neither is         
                                available, segregate waste streams from     
                                sources which do not generally require      
                                treatment from other waste streams that do  
                                require treatment.                          
    General Water              Use ``low liquor ratio'' dyeing machines     
     Conservation Techniques.   where practicable.                          
                               Use of foam processing (mercerizing,         
                                bleaching, dyeing, finishing) where         
                                practicable as a water conservation process.
    Chemical Screening and     Employ prescreening practices to evaluate and
     Inventory Control.         consider chemicals on a wide range of       
                                environmental and health impact criteria.   
                               Develop and perform a routine raw material   
                                quality control program.                    
                               Review and develop procedures for source     
                                reduction of metals.                        
                               Promptly transfer used fluids to the proper  
                                container; do not leave full drip pans or   
                                other open containers around the shop. Empty
                                and clean drip pans and containers.         
                               Do not pour liquid waste down floor drains,  
                                sinks, or outdoor storm drain inlets.       
                               Plug floor drains that are connected to the  
                                storm or sanitary sewer; if necessary,      
                                install a sump that is pumped regularly.    
                               Inspect the maintenance area regularly for   
                                proper implementation of control measures.  
                               Train employees on proper waste control and  
                                disposal procedures                         
    Material Handling: Bulk    Store permanent tanks in a paved area        
     Liquid Storage and         surrounded by a dike system which provides  
     Containment.               sufficient containment for the larger of    
                                either 10 percent of the volume of all      
                                containers or 110 percent of the volume of  
                                the largest tank.                           
                               Maintain good integrity of all storage tanks.
                               Inspect storage tanks to detect potential    
                                leaks and perform preventive maintenance.   
                               Inspect piping systems (pipes, pumps,        
                                flanges, couplings, hoses, valves) for      
                                failures or leaks.                          
                               Train employees on proper filling and        
                                transfer procedures.                        
    Material Handling:         Store containerized materials (fuels, paints,
     Containerized Material     solvents, etc.) in a protected, secure      
     Storage.                   location and away from drains.              
                               Store reactive, ignitable, or flammable      
                                liquids in compliance with the local fire   
                                code.                                       
                               Label all materials clearly.                 
                               Identify potentially hazardous materials,    
                                their characteristics, and use.             
                               Control excessive purchasing, storage, and   
                                handling of potentially hazardous materials.
                               Keep records to identify quantity, receipt   
                                date, service life, users, and disposal     
                                routes.                                     
                               Secure and carefully monitor hazardous       
                                materials to prevent theft, vandalism, and  
                                misuse of materials.                        
                               Educate personnel for proper storage, use,   
                                cleanup, and disposal of materials.         
                               Provide sufficient containment for outdoor   
                                storage areas for the larger of either 10   
                                percent of the volume of all containers or  
                                110 percent of the volume of the largest    
                                tank.                                       
                               Use temporary containment where required by  
                                portable drip pans.                         
                               Use spill troughs for drums with taps.       
    Material Handling:         Mix solvents in designated areas away from   
     Designated Material        drains, ditches, and surface waters.        
     Mixing Areas.                                                          
                               If spills occur,                             
                                Stop the source of the spill        
                                immediately                                 
                                Contain the liquid until cleanup is 
                                complete                                    
                                Deploy oil containment booms if the 
                                spill may reach the water                   
    
    [[Page 51022]]
                                                                            
                                Cover the spill with absorbent      
                                material                                    
                                Keep the area well ventilated       
                                Dispose of cleanup materials        
                                properly                                    
                                Do not use emulsifier or dispersant.
                                                                            
    ------------------------------------------------------------------------
     Sources: Smith, Brent, ``Identification and Reduction of Pollution     
      Sources in Textile Wet Processing.'' Department of Textile Chemistry, 
      North Carolina State University, Raleigh, NC, 1986.                   
     Smith, Brent, ``Identification and Reduction of Toxic Pollutants in    
      Textile Mill Effluent.'' Department of Textile Chemistry, North       
      Carolina State University, Raleigh, NC, 1992.                         
     NPDES Storm Water Group Applications--Part 1. Received by EPA March 18,
      1991 through December 31, 1992.                                       
    
    
    4. Special Conditions
        There are no additional requirements beyond those described in Part 
    VI.B of this fact sheet.
    5. Storm Water Pollution Prevention Plan Requirements
        The permit conditions that apply to storm water discharges from 
    textile mills, apparel and other fabric product manufacturing 
    facilities are, in part, established upon the basic requirements in the 
    front of this fact sheet. The following discussion addresses only those 
    conditions that may differ from the common pollution prevention plan 
    provisions discussed previously.
    
    a. Contents of the Plan
    
        (1) Description of Potential Pollutant Sources. Under the 
    description of potential pollutant sources in the storm water pollution 
    prevention plan requirements, permittees are required to include 
    processing areas, loading/unloading areas, treatment, storage, and 
    waste disposal areas, liquid storage tanks, fueling areas, on a site 
    facility map. EPA believes that this is appropriate since these areas 
    may potentially be a significant source of pollutants to storm water.
        (2) Measures and Controls. Under the description of measures and 
    controls in the storm water pollution prevention plan requirements, 
    this section requires that all areas that may contribute pollutants to 
    storm water discharges shall be maintained in a clean, orderly manner. 
    This section also requires that the following areas must be 
    specifically addressed:
        (a) Material Storage Areas--All stored and containerized materials 
    (fuels, petroleum products, solvents, dyes, etc.) must be stored in a 
    protected area, away from drains and clearly labeled. The plan must 
    describe measures that prevent or minimize contamination of storm water 
    runoff from such storage areas. The facility should specify which 
    materials are stored indoors and must provide a description of the 
    contaminant area or enclosure for those materials which are stored 
    outdoors. Above ground storage tanks, drums, and barrels permanently 
    stored outside must be delineated on the site map with a description of 
    the appropriated containment measures in place to prevent leaks and 
    spills. The facility may consider an inventory control plan to prevent 
    excessive purchasing, storage, and handling of potentially hazardous 
    substances. In the case of storage of empty chemical drums and 
    containers, facilities should employ such practices as triple-rinsing 
    containers. The discharge waters from such washings must be collected, 
    contained, or treated, and facilities should identify where the 
    discharge will be released.
        (b) Material Handling Area--The plan must describe measures that 
    prevent or minimize contamination of the storm water runoff from 
    materials handling operations and areas. The facility may consider the 
    use of spill and overflow protection; covering fuel areas; covering and 
    enclosing areas where the transfer of materials may occur. Where 
    applicable, the plan must address the replacement or repair of leaking 
    connections, valves, transfer lines and pipes that may carry chemicals, 
    dyes, or wastewater.
        (c) Fueling Areas--The plan must describe measures that prevent or 
    minimize contamination of the storm water runoff from fueling areas. 
    The facility may consider covering the fueling area, using spill and 
    overflow protection, minimizing runon of storm water to the fueling 
    area, using dry cleanup methods, and/or collecting the storm water 
    runoff and providing treatment or recycling.
        (d) Above Ground Storage Tank Areas--The plan must describe 
    measures that prevent or minimize contamination of the storm water 
    runoff from above ground storage tank areas. The facility must consider 
    storage tanks and their associated piping and valves. The facility may 
    consider regular cleanup of these areas, preparation of a spill 
    prevention control and countermeasure program, providing spill and 
    overflow protection, minimizing runon of storm water from adjacent 
    facilities and properties, restricting access to the area, inserting 
    filters in adjacent catch basins, providing absorbent booms in unbermed 
    fueling areas, using dry cleanup methods, and permanently sealing 
    drains within critical areas that may discharge to a storm drain.
        EPA believes that the incorporation of management practices such as 
    those suggested will substantially reduce the potential for these 
    activities and areas to significantly contribute pollutants to storm 
    water discharges. In addition, EPA believes that these requirements 
    continue to provide the necessary flexibility to address the variable 
    risk for pollutants in storm water discharges associated with different 
    facilities. Further, many facilities will find that management measures 
    that have already been incorporated into the facility's operation, such 
    as the installation of overfill protection equipment and labelling and 
    maintenance of used oil storage units, are already required under 
    existing EPA programs and will meet the requirements of this section.
        Under the preventive maintenance requirements, the plan 
    specifically includes the routine inspection of sediment traps to 
    ensure that solids will be intercepted and retained prior to entering 
    the storm drainage system. Because of the nature of operations which 
    occur at textile facilities, specific routine attention needs to be 
    placed on the collection of solids.
        Under the inspection requirements this section requires that, in 
    addition to the comprehensive site evaluation required under Part IV of 
    today's permit, qualified facility personnel shall be identified to 
    inspect designated equipment and areas of the facility, at a minimum, 
    on a monthly basis.
        The purpose of the inspections is to check on the implementation 
    and effectiveness of the storm water pollution prevention plan. The 
    inspections allow facility personnel to monitor the success or failure 
    of elements of the plan on a regular basis. The use of an inspection 
    checklist is 
    
    [[Page 51023]]
    highly encouraged. The checklist will ensure that all required areas 
    are inspected, as well as help to meet the record keeping requirements.
        The permittee is required to identify at least annual dates for 
    employee training. EPA requires that facilities conduct training 
    annually at a minimum. However, more frequent training may be necessary 
    at facilities with high turnover of employees or where employee 
    participation is essential to the storm water pollution prevention 
    plan. Employee training must, at a minimum, address the following areas 
    when applicable to a facility: use of reused/recycled waters; solvents 
    management; proper disposal of dyes; proper disposal of petroleum 
    products and spent lubricants; spill prevention and control; fueling 
    procedures; and general good housekeeping practices. Employees, 
    independent contractors, and customers must be informed about BMPs and 
    be required to perform in accordance with these practices. Copies of 
    BMPs and any specific management plans, including emergency phone 
    numbers, shall be posted in the work areas. EPA, therefore, is 
    requiring that employee training take place at least once a year to 
    serve as: (1) Training for new employees; (2) a refresher course for 
    existing employees; and (3) training for all employees on any storm 
    water pollution prevention techniques recently incorporated into the 
    plan.
    6. Monitoring and Reporting Requirements
        a. Monitoring Requirements. The regulatory modifications at 40 CFR 
    122.44 (i)(2) established on April 2, 1992, grant permit writers the 
    flexibility to reduce monitoring requirements in storm water discharge 
    permits. EPA has determined that the potential for storm water 
    discharges to contain pollutants above benchmark levels, because of the 
    industrial activities and materials exposed to precipitation, does not 
    support sampling at facilities covered by this section of today's 
    permit. Under the Storm Water Regulations at 40 CFR 122.26(b)(14), EPA 
    defined ``storm water discharge associated with industrial activity''. 
    The focus of today's permit is to address the presence of pollutants 
    that are associated with the industrial activities identified in this 
    definition and that might be found in storm water discharges. Under the 
    methodology for determining analytical monitoring requirements, 
    described in section VI.E.1 of this fact sheet, zinc is above the bench 
    mark concentrations for the textile mills subsector. After a review of 
    the nature of industrial activities and the significant materials 
    exposed to storm water described by facilities in this subsector, EPA 
    has determined that the higher concentrations of zinc are not likely to 
    be caused by the industrial activity, but may be primarily due to non-
    industrial activities on-site. Today's permit does not require textile 
    mills facilities to conduct analytical monitoring for this parameter. 
    Based on a consideration of the BMPs typically used at these 
    facilities, and generally low pollutant values from the application 
    data, EPA believes that the pollution prevention plan with visual 
    examinations of storm water discharges (see below) will help to ensure 
    storm water contamination is minimized. Because permittees are not 
    required to conduct analytical monitoring, they will be able to focus 
    their resources on developing and implementing the pollution prevention 
    plan.
        b. Quarterly Visual Examination of Storm Water Quality. Textile 
    mills, apparel, and other fabric product facilities shall perform and 
    document a visual examination of a storm water discharge associated 
    with industrial activity from each outfall, except discharges exempted 
    under paragraph (3) below. The examination(s) must be made at least 
    once in each of the following 3-month periods: January through March, 
    April through June, July through September, and October through 
    December. The examination shall be made during daylight hours unless 
    there is insufficient rainfall or snow melt to produce a runoff event.
        (1) Examinations shall be made of grab samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    1 hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual should carry out the collection and 
    examination of discharges for entire permit term.
        (2) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (3) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the observation data also applies 
    to the substantially identical outfall(s) provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (4) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examinations. Adverse weather conditions that may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (5) EPA realizes that if a facility is inactive and unstaffed it 
    may be difficult to collect storm water discharge samples when a 
    qualifying event occurs. Today's final permit has been revised so that 
    inactive, unstaffed facilities can exercise a waiver of the requirement 
    to conduct quarterly visual examination.
        EPA believes that this quick and simple assessment will help the 
    permittee to determine the effectiveness of his/her plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the chemical properties of the storm water discharged from the 
    site, the examination will 
    
    [[Page 51024]]
    provide meaningful results upon which the facility may act quickly. The 
    frequency of this visual examination will also allow for timely 
    adjustments to be made to the plan. If BMPs are performing 
    ineffectively, corrective action must be implemented. A set of tracking 
    or follow-up procedures must be used to ensure that appropriate actions 
    are taken in response to the examinations. The visual examination is 
    intended to be performed by members of the pollution prevention team. 
    This hands-on examination will enhance the staff's understanding of the 
    storm water problems on that site and the effects of the management 
    practices that are included in the plan.
        As discussed above, EPA does not believe that analytical monitoring 
    is necessary for textile mills, apparel, and other fabric product 
    manufacturing facilities. EPA believes that between quarterly visual 
    examinations and site compliance evaluations potential sources of 
    contaminants can be recognized, addressed, and then controlled with 
    BMPs. In determining the monitoring requirements, EPA considered the 
    nature of the industrial activities and significant materials exposed 
    at these sites, and performed a review of data provided in Part 2 group 
    applications.
    
    W. Storm Water Discharges Associated With Industrial Activity From Wood 
    and Metal Furniture and Fixture Manufacturing Facilities
    
    1. Discharges Covered Under This Section
        On November 16, 1990 (55 FR 47990), the U.S. Environmental 
    Protection Agency (EPA) promulgated the regulatory definition of 
    ``storm water discharges associated with an industrial activity.'' This 
    definition included point source discharges of storm water from eleven 
    major categories of facilities, including facilities under Standard 
    Industrial Classification (SIC) codes 2434 and 25. Part XI.W. of 
    today's permit only covers storm water discharges associated with 
    industrial activities from furniture and fixture manufacturing 
    facilities. Furniture and fixture manufacturing facilities eligible for 
    coverage under this section include facilities identified by the 
    following SIC codes: wood kitchen cabinets (generally described by SIC 
    code 2434); household furniture (generally described by SIC code 251); 
    office furniture (generally described by SIC code 252); public 
    buildings and related furniture (generally described by SIC code 253); 
    partitions, shelving, lockers, and office and store fixtures (generally 
    described by SIC code 254); and miscellaneous furniture and fixtures 
    (generally described by SIC code 259).
        Storm water discharges covered by this section include all 
    discharges where material handling equipment or activities, raw 
    materials, intermediate products, final products, waste materials, by-
    products, or industrial machinery are exposed to precipitation and 
    storm water runon. Storm water that does not come into contact with an 
    industrial activity or a significant material are not subject to 
    permitting according to 40 CFR 122.26. This section is not applicable 
    to any discharge subject to effluent limitation guidelines. However, 
    the storm water component of the unpermitted discharge may be included 
    under this section.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
    2. Industry Profile
        The manufacturing processes for furniture and fixture manufacturing 
    facilities are not typically exposed to storm water. However, unloading 
    operations and the storage of some raw materials, and waste products, 
    may be exposed to precipitation. Because of the lack of industrial 
    activities occurring outdoors and the necessity of keeping many of the 
    raw materials dry, the primary sources of storm water pollutants 
    originate from materials handling and waste management or disposal 
    activities. Table W-1 lists potential pollutant source activities, and 
    related pollutants associated with furniture and fixture manufacturing 
    facilities. There are two primary types of furniture and fixture 
    manufacturing facilities. The distinction is based on the primary raw 
    material, wood or metal. The manufacturing processes and significant 
    materials to produce wood and metal furniture or fixtures are not 
    similar. However, these manufacturing activities and wood resources are 
    not typically exposed to precipitation.
    
            Table W-1.--Activities, Pollutant Sources, and Pollutants       
    ------------------------------------------------------------------------
            Activity             Pollutant source            Pollutant      
    ------------------------------------------------------------------------
    Wood Drying............  Coal...................  TSS, pH, cadmium,     
                                                       arsenic.             
                             Saw Dust...............  TSS, COD, BOD5, pH.   
                             Ash....................  TSS, pH.              
    Furniture Manufacturing  Sizing Operations......  TSS, BOD5, pH.        
                             Painting Operations....  Lead, cadmium, COD.   
                             Gluing Operations......  Solvents, COD, oil &  
                                                       grease.              
                             Used Rags..............  Solvents, COD, oil &  
                                                       grease.              
                             Processing materials     Diesel fuel, gasoline,
                              unloading.               oil, TSS.            
                             Waste Material           TSS, BOD5, pH.        
                              Transportation.                               
                             Treatment Facilities...  Solvents, COD, oil &  
                                                       grease.              
                             Open Dumps.............  TSS, BOD5, oil &      
                                                       grease, COD.         
    Other Activities.......  Air Emission Control     TSS, pH, cadmium,     
                              Cleaning.                lead, copper, zinc.  
    ------------------------------------------------------------------------
    Source: Storm Water Group Applications, Parts 1 and 2.                  
    
        Industrial activities occurring at furniture and fixture 
    manufacturing facilities that pertain to the storm water rule include, 
    `` * * * but [are] not limited to, storm water discharges from 
    industrial plant yards; material handling sites; refuse sites; sites 
    used for the application or disposal of process wastewaters (as defined 
    at 40 CFR Part 
    
    [[Page 51025]]
    401); sites used for the storage and maintenance of material handling 
    equipment; sites used for residual treatment, storage, or disposal; 
    shipping and receiving areas; manufacturing buildings; storage areas 
    (including tank farms) for raw materials and intermediate and finished 
    materials; and areas where industrial activity has taken place in the 
    past and significant materials remain and are exposed to storm water'' 
    (40 CFR 122.26(b)(14)). The most common industrial activities at 
    furniture and fixture manufacturing facilities include material 
    handling sites and raw material storage areas.
        Significant materials include, `` * * * but [are] not limited to: 
    raw materials; fuels; materials such as solvents, detergents, and 
    plastic pellets; finished materials such as metallic products; * * * 
    hazardous substances designated under Section 101(14) of CERCLA; any 
    chemical facilities required to report pursuant to Section 313 of Title 
    III of SARA; fertilizers; pesticides; and waste products such as ashes, 
    slag, and sludge that have the potential to be released with storm 
    water discharges'' (40 CFR 122.26(b)(12)). Significant materials 
    commonly found at furniture and fixture manufacturing facilities 
    include: wood; saw dust; metals; petroleum-based products; solvents; 
    detergents; and waste materials.
        Manufacturers of furniture and fixtures are separated by the 
    primary raw material (i.e., wood and metal). The primary raw materials, 
    industrial processes, waste and by-products, and final products differ 
    for the production of wood furniture and metal furniture. Within each 
    subsector the number of industrial activities and corresponding 
    significant materials and waste products may also vary. Presented below 
    are brief descriptions of the industrial activities and significant 
    materials associated with the manufacturing of wood and metal furniture 
    and fixtures. Due to similarities in the production of furniture and 
    fixtures within subsectors, industrial activities and significant 
    materials are fairly uniform across this sector. Unique practices are 
    noted.
        a. Manufacturing of Wood Furniture and Fixtures. The process of 
    manufacturing wood furniture begins with the delivery and storage of 
    wood. There are three different raw wood materials; lumber, veneer, and 
    particle board. Since the manufacturing processes are not typically 
    exposed to storm water for this industry, some of the ``industrial 
    activities'' described below may not be susceptible to storm water 
    exposure. Significant materials and materials management practices do 
    refer to those materials exposed to storm water, and to the subsequent 
    management practices used to control storm water. Variations on 
    exposure to industrial activities and significant materials are site-
    specific.
        (1) Industrial Activities. Once delivered, raw lumber is allowed to 
    air dry up to 1 year. After the lumber is sufficiently air dried it is 
    then transported to a dry kiln for further drying. The lumber is kiln 
    dried anywhere from 7 to 150 days. Once the lumber has been dried to a 
    desired moisture content, the dried lumber is taken to the processing 
    area. The remaining furniture manufacturing processes are all completed 
    indoors. Manufacturers may also receive lumber that is already dried. 
    Therefore, the manufacturers may not need to air or kiln dry the wood 
    and proceed directly into the processing stage.
        The dried lumber is run through planers, to create a smooth, 
    preliminary working surface, and then cut to specified dimensions 
    depending on the end use. The sized lumber is then taken through 
    sanding and machining operations. Sanding produces a smooth, fine 
    working surface. Machining can include boring, routing, lathe 
    operations, mitre cutting, and finish cuts. From this point, each piece 
    of wood is dedicated to a specific product.
        Veneer is another raw material used in the production of furniture. 
    In this process logs are placed in a steam vat to increase the moisture 
    content of a log. The logs are turned on a lathe to peel off the 
    veneer. The resulting veneer sheets are layered into stacks or 
    ``hacks.'' Moisture is removed from the hacks by kiln drying. After a 
    desired moisture content has been achieved the hacks are disassembled. 
    Veneer is frequently hot or cold pressed onto particle board or solid 
    wood by utilizing adhesives.
        Particle board is the third raw material incorporated into the 
    manufacturing of wood furniture. The board is received, cut to size, 
    and banded on all four edges with solid wood. The banding is 
    accomplished in continuous, steam heated units utilizing adhesives. The 
    panels are allowed to cool and then they are sanded. Particle board is 
    frequently coated with veneer.
        The products from the three raw materials may be combined during 
    the machining and sanding step or during the final assembly of a 
    furniture piece. The machining and sanding step may include: initial 
    sizing of particle board, veneer, and lumber; laminating operations; 
    and surface printing. Once all the pieces of a particular furniture 
    item are manufactured and sized, assembly can begin. This process 
    generally involves an assembly line routing with many different 
    individuals and machines working together to build the unit.
        The final step in creating an un-upholstered piece of furniture 
    involves surface finishing. This process may involve many separate 
    coats of stains, lacquers, sealers, and finishes to a single unit. This 
    is the step where a uniform wood color and texture are given to each 
    piece of furniture or furniture grouping.
        Facilities that manufacture upholstered furniture may have all of 
    the previously mentioned activities, or may purchase dried or sized 
    materials from a manufacturer. Upholstered furniture manufacturers will 
    transport, handle, store, and process natural and synthetic fibers used 
    for the upholstery. After the wood component of an upholstered piece of 
    furniture is assembled, the upholstery materials are cut, sized, 
    stretched, and then attached to the frame. After the final inspection 
    of a furniture piece, the unit is packaged and either stored 
    temporarily onsite or immediately shipped to an offsite location.
        (2) Significant Materials. The significant materials identified, in 
    part 1 of the group applications, as exposed to storm water at wood 
    furniture and fixture manufacturing facilities include: raw wood; 
    sawdust; coal; kiln ash; solvent-based finishing materials and waste 
    products; used rags; raw glue and waste materials; and petroleum-based 
    products. While most of the raw wood material is stored outside, more 
    valuable wood products (e.g., sheets of veneer, mahogany, etc.) and 
    some composite wood products (e.g., particle board) may be stored 
    inside or under cover.
        b. Manufacturing of Metal Furniture and Fixtures. Many furniture 
    and fixture manufacturing facilities build their furniture with metal 
    as the primary raw material. However, some manufacturers combine wood 
    and upholstered materials with a metal frame. Metal furniture 
    manufacturing facilities may purchase wood pieces ready for assembly or 
    they may have all the industrial activities of wood manufacturing 
    facilities in addition to the metal manufacturing facilities. The 
    industrial activities at metal furniture manufacturing facilities will 
    be site-specific and depend upon the level of work necessary to shape 
    and treat the delivered metal into a furniture piece.
        (1) Industrial Activities. Facilities that manufacture metal 
    household furniture conduct operations that include: machining and 
    assembly, finishing, and temporary storage of finished products within 
    an enclosed building. Cold roll steel is initially received and 
    
    [[Page 51026]]
    temporarily stored within the manufacturing building. However, steel 
    may be stored outside prior to use. The steel is cut to size, bent, and 
    welded to design specifications to fabricate raw metal household 
    furniture. Final grinding, sanding, finishing, spot welding, and 
    painting are then completed. After the final inspection of a furniture 
    piece, the unit is packaged and either stored temporarily onsite or 
    immediately shipped to an offsite location.
        (2) Significant Materials. The significant materials identified as 
    exposed to storm water, in part 1 of the group applications, at metal 
    furniture and fixture facilities include: metals; sawdust; solvent-
    based finishing materials and waste products; electroplating solutions 
    and sludges; used rags; raw glue and waste materials; and petroleum-
    based products. Prior to manufacturing rolls of steel may be stored 
    outdoors but will be brought indoors for manufacturing.
    3. Pollutants in Storm Water Discharges Associated with Furniture and 
    Fixtures Manufacturing Facilities
         Few pollutants are expected in storm water discharges from the 
    manufacturing of wood and metal furniture and fixtures because the 
    majority of the industrial activities occur indoors. Pollutants may be 
    present in storm water as a result of outdoor activities associated 
    with the manufacturing of wood and metal furniture and fixture such as: 
    material handling operations; waste disposal; raw material storage; and 
    deposition of airborne particulate matter. In addition, sources of 
    pollutants other than storm water, such as illicit connections, spills, 
    and other improperly dumped materials, may increase the pollutant 
    loadings discharged into waters of the United States.
        Many of the part 2 group application data submittals did not 
    identify individual site characteristics or sources of storm water 
    pollutants which may be responsible for pollutant loadings.
        Based on the similarities of the facilities included in this sector 
    in terms of industrial activities and significant materials, EPA 
    believes it is appropriate to discuss the potential pollutants at Wood 
    and Metal Furniture and Fixture Manufacturing facilities as a whole and 
    not subdivide this sector. Therefore, Table W-2 lists data for selected 
    parameters from facilities in the Wood and Metal Furniture and Fixture 
    Manufacturing sector. These data include the eight pollutants that all 
    facilities were required to monitor for under Form 2F, as well as the 
    pollutants that EPA has determined may merit further monitoring.
    
                                  Table W-2.--Statistics for Selected Pollutants Reported by Furniture and Fixtures Facilities Submitting Part II Sampling Datai (mg/L)                             
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                           No. of        No. of             Mean                 Minimum               Maximum              Median           95th Percentile       99th Percentile  
                                         Facilities      Samples   ---------------------------------------------------------------------------------------------------------------------------------
          Pollutant sample type       -----------------------------                                                                                                                                 
                                        Grab  Compii   Grab   Comp     Grab       Comp       Grab       Comp       Grab       Comp      Grab      Comp       Grab       Comp       Grab       Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5.............................     16      15     25     24     12.2        8.80       0.0        0.0       46.0       32.0        9.0       5.95     38.8       27.0       72.2       47.0  
    COD..............................     16      15     25     24     96.0       76.3        0.0        0.0      300.0      240.0       83.0      72.5     231.9      187.6      358.4      288.0  
    Nitrate + Nitrite Nitrogen.......     16      15     25     24      1.73       1.51       0.00       0.0       12.00      10.0        0.90      0.68      6.11       5.1       12.97      11.1  
    Total Kjeldahl Nitrogen..........     16      15     25     24      4.37       4.40       0.00       0.60      46.00      55.0        1.70      1.35     10.70       9.57      20.39      18.88 
    Oil & Grease.....................     16     N/A     25    N/A      3.8      N/A          0.0      N/A         33.0      N/A          0.0     N/A        19.1      N/A         45.0      N/A    
    pH...............................     15     N/A     23    N/A    N/A        N/A          4.2      N/A          9.3      N/A          7.5     N/A         9.7      N/A         10.8      N/A    
    Total Phosphorus.................     16      15     25     24      0.27       0.26       0.00       0.0        1.10       1.30       0.20      0.19      0.76       0.76       1.30       1.35 
    Total Suspended Solids...........     16      15     25     24    188        143          3          2        891        900        130        91      1008        791       2740       2290    
    Zinc, Total......................      3       3      4      4      2.973      0.594      0.340      0.074     10.000      1.500      0.78      0.40     14.907      3.056     44.006      7.758 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    4. Options for Controlling Storm Water Pollutants.
        Certain BMPs are implemented to prevent and/or minimize exposure of 
    pollutants from industrial activities to storm water discharges. EPA 
    believes the most effective BMPs for reducing pollutants in storm water 
    discharges are exposure minimization practices. Exposure minimization 
    practices lessen the potential for storm water to come into contact 
    with pollutants. Good housekeeping practices ensure that facilities are 
    sensitive to routine and nonroutine activities which may increase 
    pollutants in storm water discharges. The BMPs which address good 
    housekeeping and exposure minimization are easily implemented, 
    inexpensive, and require little, if any, maintenance. BMP expenses may 
    include construction of roofs for storage areas or other forms of 
    permanent cover and the installation of berms/dikes. Other BMPs such as 
    detention/retention ponds and filtering devices may be needed at these 
    facilities because of the contaminant level in the storm water 
    discharges.
        Part 1 group application data indicate that few BMPs have been 
    implemented at wood and metal furniture and fixture manufacturing 
    facilities. The only BMPs identified in the part 1 applications 
    include: closed tanks, drums, and metal boxes; and partial covering. 
    The part 1 data submissions did not indicate the presence of any 
    traditional BMPs, such as sedimentation and retention ponds, or 
    diversion dikes. However, the group application process did not require 
    a description, or identification, of traditional BMPs, only the 
    identification of material management practices that limit the contact 
    between storm water and significant materials.
        Because BMPs described in the part 1 data are limited, EPA is 
    providing an overview of supplementary BMPs for use at furniture and 
    fixture manufacturing facilities. However, inclusion of a BMP cited 
    does not preclude the use of other viable BMP options. Table W-3 
    summarizes BMP options as they apply to wood and metal furniture and 
    fixture manufacturing facilities.
    
      Table W-3.--Storm Water BMPs for Furniture and Fixture Manufacturing  
                                   Facilities                               
    ------------------------------------------------------------------------
             Activity                 Best management practices (BMPs)      
    ------------------------------------------------------------------------
    Outdoor Unloading and      Confine loading/unloading activities to a    
     Loading.                   designated area.                            
                               Perform all loading/unloading activities in a
                                covered or enclosed area.                   
                               Close storm drains during loading/unloading  
                                activities in surrounding areas.            
    
    [[Page 51027]]
                                                                            
                               Avoid loading/unloading materials in the     
                                rain.                                       
                               Inspect all containers prior to loading/     
                                unloading of any raw or spent materials.    
                               Berm, curb, or dike loading/unloading areas. 
                               Use dry clean-up methods instead of washing  
                                the areas down.                             
                               Train employees on proper loading/unloading  
                                techniques.                                 
    Outdoor Material Storage   Confine storage of raw materials, parts, and 
     (including waste and       equipment to designated areas.              
     particulate emission                                                   
     management).                                                           
                               Train employees on proper waste control and  
                                disposal.                                   
                               Berm, curb, or dike any areas around tanks.  
                               Ensure that all containers are properly      
                                sealed and valves closed.                   
                               Inventory all raw and spent materials.       
                               Inspect air emission control systems         
                                regularly, and repair or replace when       
                                necessary.                                  
                               Store wastes in covered, leak proof          
                                containers (e.g., dumpsters, drums).        
                               Store wastes in enclosed and/or covered      
                                areas.                                      
                               Ensure hazardous and solid waste disposal    
                                practices are performed in accordance with  
                                applicable Federal, State, and local        
                                requirements.                               
                               Ship all wastes to offsite landfills or      
                                treatment facilities.                       
    ------------------------------------------------------------------------
    Sources: NPDES Storm Water Group Applications--Part 1. Received by EPA, 
      March 18, 1991, through December 31, 1992, and EPA, Office of Water.  
      September 1992. ``Storm Water Management for Industrial Activities:   
      Developing Pollution Prevention Plans and Best Management Practices.''
      EPA 832-R-92-006.                                                     
    
    
        Many of the BMPs identified in Table W-3 are reminders of good or 
    preferred operating procedures that are intended to limit the exposure 
    of significant materials and industrial activities to storm water. 
    Facility operators should review their current operations and consider 
    implementing these BMPs if they are applicable to the site in order to 
    reduce storm water contamination.
        Since none of the facilities within the wood and metal furniture 
    and fixture manufacturing sector indicated the presence of traditional 
    storm water management practices, EPA is requiring the participants in 
    this sector to consider the implementation of storm water diversions 
    and sediment control and collection structures.
        Discharge diversions provide the first line of defense in 
    preventing the contamination of discharges, and subsequent 
    contamination of receiving waters of the United States. Discharge 
    diversions are temporary or permanent structures installed to divert 
    flow, store flow, or limit storm water runon and runoff.
        These diversion practices have several objectives. First, diversion 
    structures can be designed to prevent otherwise uncontaminated (or less 
    contaminated) water from crossing disturbed areas or areas containing 
    significant amounts of contaminated materials, where contact may occur 
    between runon and significant materials. These source reduction 
    measures may be particularly effective for preventing uncontaminated 
    discharges from contacting exposed materials and/or reduce the flow 
    across disturbed areas, thereby lessening the potential for erosion. 
    Second, diversion structures can be used to collect or divert waters 
    for later treatment, if necessary. The usefulness of these control 
    measures are limited by such factors as the size of the area to be 
    controlled and the type and nature of materials exposed and 
    precipitation events.
        Diversion dikes, curbs, and berms are temporary or permanent 
    diversion structures that prevent runoff from passing beyond a certain 
    point, and divert runoff away from its intended path. Dikes, curbs or 
    berms may be used to surround and isolate areas of concern at wood and 
    metal furniture manufacturing facilities, and divert flow around piles 
    of significant materials in order to minimize or limit offsite 
    discharges of contaminated storm water.
        Sediment control and collection limits movement and retains 
    sediments from being transported offsite. Several structural collection 
    devices have been developed to remove sediment from runoff before it 
    leaves the site. Several methods of removing sediment from site runoff 
    involve diversion mechanisms previously discussed, supplemented by a 
    trapping or storage device. Structural practices typically involve 
    filtering diffuse storm water flows through temporary structures such 
    as straw bale dikes, silt fences, brush barriers or vegetated areas.
        However, structural practices require periodic removal of sediment 
    to remain functional, for both temporary and permanent structures. As 
    such, they serve as more active-type practices which may not be 
    appropriate for permanent use at inactive mines. However, these 
    practices may be effectively used as temporary measures during active 
    operation and/or prior to the final implementation of permanent 
    measures. Temporary structures include: plastic matting, plastic 
    netting, and erosion control blankets; mulch-straw or wood chips; and 
    compaction. Permanent sediment control and collection structures 
    include: sediment/settling ponds; sediment traps or catch basins; and 
    vegetated buffer strips.
    5. Storm Water Pollution Prevention Plan Requirements
        All facilities subject to this section must prepare and implement a 
    storm water pollution prevention plan. The establishment of a pollution 
    prevention plan requirement reflects EPA's decision to allow operators 
    of furniture and fixture manufacturing facilities to utilize BMPs as 
    the BAT/BCT level of control for the storm water discharges covered by 
    this section. The requirements included in pollution prevention plans 
    provide a flexible framework for the development and implementation of 
    site-specific controls to minimize pollutants in storm water 
    discharges. EPA believes that pollution prevention is the most 
    effective approach for controlling contaminated storm water discharges 
    from furniture and fixture manufacturing facilities. Pollution 
    prevention plans allow the operator of a facility to select BMPs based 
    on site-specific considerations such as: facility size; climate; 
    geographic location; hydrogeology; the environmental setting of each 
    facility; volume and type of discharge generated, and current BMPs. 
    This flexibility is necessary because each facility will be unique in 
    that the source, type, and volume of contaminated surface water 
    discharges will differ from site to site. 
    
    [[Page 51028]]
    
        There are two major objectives to a pollution prevention plan: (1) 
    To identify sources of pollution potentially affecting the quality of 
    storm water discharges associated with an industrial activity from a 
    facility; and (2) to describe and ensure implementation of practices to 
    minimize and control pollutants in storm water discharges associated 
    with industrial activity. Specific requirements for a pollution 
    prevention plan for furniture and fixture manufacturing facilities are 
    described below. These requirements must be implemented in addition to 
    the pollution prevention plan provisions discussed previously, or any 
    other industry-specific requirements to which the facility is subject. 
    For example, facilities with coal piles must comply with the provisions 
    for coal pile runoff, as well as the pollution prevention requirements 
    for the furniture and fixture manufacturing industry.
        a. Description of Potential Pollution Sources. Under the drainage 
    requirements, the site map must show areas where the following 
    activities take place, if applicable: fueling; vehicle and equipment 
    maintenance and/or cleaning; loading and unloading; material storage 
    (including tanks or other vessels used for liquid or waste storage); 
    outdoor material processing; waste treatment, storage, or disposal; 
    haul roads; access roads; and rail spurs. The site map must also 
    indicate the outfall locations and the types of discharges contained in 
    the drainage areas of the outfalls (e.g. storm water and air 
    conditioner condensate). In order to increase the readability of the 
    map, the inventory of the types of discharges contained in each outfall 
    may be kept as an attachment to the site map.
        b. Measures and Controls. Following completion of the source 
    identification and assessment phase, the permittee must evaluate, 
    select, and describe the pollution prevention measures, BMPs, and other 
    controls that will be implemented at the facility. The permittee must 
    assess the applicability of the following categories of BMPs for their 
    site: discharge diversions, drainage/storm water conveyance systems, 
    runoff dispersions, and good housekeeping measures. In addition, BMPs 
    include processes, procedures, schedules of activities, prohibitions on 
    practices, and other management practices that prevent or reduce the 
    discharge of pollutants in storm water runoff.
        The pollution prevention plan must discuss the reasons each 
    selected structural control or BMP is appropriate for the facility and 
    how each will address the potential sources of storm water pollution. 
    The plan also must include a schedule specifying the time or times 
    during which each control or practice will be implemented. In addition, 
    the plan should discuss ways in which the controls and practices relate 
    to one another and, when taken as a whole, produce an integrated and 
    consistent approach for preventing or controlling potential storm water 
    contamination problems.
        Permittees are also required to develop a preventive maintenance 
    program that includes regular inspections and maintenance of storm 
    water BMPs. The maintenance program requires periodic removal of debris 
    from discharge diversions and conveyance systems. These activities 
    should be conducted particularly during wet seasons. Permittees already 
    controlling their storm water runoff with impoundments or sedimentation 
    ponds must include the maintenance schedules for these ponds in the 
    pollution prevention plan.
        Under the inspection requirements of the pollution prevention plan, 
    operators of furniture and fixture manufacturing facilities are 
    required to conduct quarterly inspections. The inspections shall 
    include: (1) An assessment of the integrity of storm water discharge 
    diversions, conveyance systems, sediment control and collection 
    systems, and containment structures; (2) visual inspections of 
    vegetative BMPs to determine if soil erosion has occurred; and (3) 
    visual inspections of material handling and storage areas and other 
    potential sources of pollution for evidence of actual or potential 
    pollutant discharges of contaminated storm water.
        EPA believes that this quick and simple description will allow the 
    permittee to assess the effectiveness of his/her plan on a regular 
    basis at very little cost. The inspection will provide meaningful 
    results upon which the facility may act quickly. The frequency of this 
    inspection will also allow for timely adjustments to be made to the 
    pollution prevention plan. If a BMP is found to be ineffective, 
    corrective action must be implemented. A set of tracking or follow-up 
    procedures must be used to ensure that appropriate actions are taken in 
    response to the inspections. The inspection is intended to be performed 
    by facility staff. This hands on inspection will also enhance the 
    staff's understanding of the storm water problems on that site and 
    effects on the management practices that are included in the plan.
        Under employee training, the permit does not specify the frequency, 
    however, EPA recommends that facilities conduct training annually at a 
    minimum. However, more frequent training may be necessary at facilities 
    with high turnover of employees or where employee participation is 
    essential to the storm water pollution prevention plan.
        Under the recordkeeping and internal reporting procedures of the 
    pollution prevention plan, the permittee must describe procedures for 
    developing and retaining records on the status and effectiveness of 
    plan implementation. The plan must address spills, monitoring (if 
    applicable), and BMP inspection and maintenance activities. Ineffective 
    BMPs must be recorded and the date of their corrective action noted. 
    According to the pollution prevention plan requirements, the permittee 
    must evaluate the appropriateness of each storm water BMP that diverts, 
    infiltrates, reuses, or otherwise reduces the discharge of contaminated 
    storm water. In addition, the permittee must describe the storm water 
    pollutant source area or activity (i.e., loading and unloading 
    operations, raw material storage piles etc.) to be controlled by each 
    storm water management practice.
    6. Monitoring and Reporting Requirements
        a. Monitoring Requirements. The regulatory modifications at 40 CFR 
    122.44 (i)(2) established on April 2, 1992, grant permit writers the 
    flexibility to reduce monitoring requirements in storm water discharge 
    permits. EPA has determined that the potential for storm water 
    discharges to contain pollutants above benchmark levels, because of the 
    industrial activities and materials exposed to precipitation, does not 
    support sampling at facilities covered by this section of today's 
    permit. Under the Storm Water Regulations at 40 CFR 122.26(b)(14), EPA 
    defined ``storm water discharge associated with industrial activity''. 
    The focus of today's permit is to address the presence of pollutants 
    that are associated with the industrial activities identified in this 
    definition and that might be found in storm water discharges. Under the 
    methodology for determining analytical monitoring requirements, 
    described in section VI.E.1 of this fact sheet, nitrate plus nitrite 
    nitrogen and zinc are above the bench mark concentrations for the 
    furniture and fixtures sector. After a review of the nature of 
    industrial activities and the significant materials exposed to storm 
    water described by facilities in this sector, EPA has determined that 
    the higher concentrations of nitrate plus nitrite nitrogen and zinc are 
    not likely to be caused by the industrial activity, but 
    
    [[Page 51029]]
    may be primarily due to non-industrial activities on-site. Today's 
    permit does not require furniture and fixtures facilities to conduct 
    analytical monitoring for these parameters.
        Based on a consideration of the nature of BMPs typically used at 
    these facilities, and generally low pollutant values from the 
    application data, EPA believes that the pollution prevention plan with 
    visual examinations of storm water discharges (see below) will help to 
    ensure storm water contamination is minimized. Because permittees are 
    not required to conduct analytical monitoring, they will be able to 
    focus their resources on developing and implementing the pollution 
    prevention plan.
        b. Quarterly Visual Examination of Storm Water Quality. Wood and 
    metal furniture and fixture manufacturing facilities shall perform and 
    document a visual examination of a storm water discharge associated 
    with industrial activity from each outfall, except discharges exempted 
    under paragraph (3) below. The examination(s) must be made at least 
    once in each of the following 3-month periods: January through March, 
    April through June, July through September, and October through 
    December. The examination shall be made during daylight hours unless 
    there is insufficient rainfall or snow melt to produce a runoff event.
        (1) Examinations shall be made of grab samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    1 hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual should carry out the collection and 
    examination of discharges for entire permit term.
        (2) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (3) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the observation data also applies 
    to the substantially identical outfall(s) provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (4) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examinations. Adverse weather conditions that may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (5) EPA realizes that if a facility is inactive and unstaffed it 
    may be difficult to collect storm water discharge samples when a 
    qualifying event occurs. Today's final permit has been revised so that 
    inactive, unstaffed facilities can exercise a waiver of the requirement 
    to conduct quarterly visual examination.
        EPA believes that this quick and simple assessment will help the 
    permittee to determine the effectiveness of his/her plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the chemical properties of the storm water discharged from the 
    site, the examination will provide meaningful results upon which the 
    facility may act quickly. The frequency of this visual examination will 
    also allow for timely adjustments to be made to the plan. If BMPs are 
    performing ineffectively, corrective action must be implemented. A set 
    of tracking or follow-up procedures must be used to ensure that 
    appropriate actions are taken in response to the examinations. The 
    visual examination is intended to be performed by members of the 
    pollution prevention team. This hands on examination will enhance the 
    staff's understanding of the storm water problems on that site and 
    effects of the management practices that are included in the plan.
        As discussed above, EPA does not believe that analytical monitoring 
    is necessary for wood and metal furniture and fixture manufacturing 
    facilities. EPA believes that between quarterly visual examinations and 
    site compliance evaluations potential sources of contaminants can be 
    recognized, addressed and then controlled with BMPs. In determining the 
    monitoring requirements, EPA considered the nature of the industrial 
    activities and significant materials exposed at these sites, and 
    performed a review of data provided in Part 2 group applications.
    
    X. Storm Water Discharges Associated With Industrial Activity From 
    Printing and Publishing Facilities
    
    1. Industry Profile
        On November 16, 1990 (55 FR 47990) EPA promulgated the regulatory 
    definition of ``storm water discharge associated with industrial 
    activity.'' This definition includes point source discharges of storm 
    water from eleven categories of facilities, including ``--category (xi) 
    facilities classified as Standard Industrial Classification (SIC) 
    code--27.'' Facilities eligible for coverage under this section 
    include: book printing (SIC Code 2732); commercial printing, 
    lithographic (SIC Code 2752); commercial printing, gravure (SIC Code 
    2754); commercial printing, not elsewhere classified (SIC Code 2759); 
    and platemaking and related services (SIC Code 2796).
        This section establishes special condition for storm water 
    discharges associated with industrial activities at printing and 
    publishing facilities. The SIC codes of these facilities are in 
    category (xi) of the definition of storm water discharges associated 
    with industrial activity. Storm water discharges from facilities in 
    this category are only regulated where precipitation and storm water 
    runon come into contact with areas associated with industrial 
    activities, and significant materials. Significant materials include, 
    but are not limited to, 
    
    [[Page 51030]]
    raw materials, waste products, finished products, intermediate 
    products, by-products, and other materials associated with industrial 
    activities.
        When an industrial facility, described by the above eligibility 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        The printing and publishing industry is composed of a heterogeneous 
    collection of over 38,000 companies that range in size from a few 
    employees to several thousand.98 Some companies are involved in 
    both printing and publishing, while others are exclusively one or the 
    other. The industrial activities of these facilities are similar, but 
    the finished products vary. The finished products include magazines, 
    newspapers, books, and labels. The printing activities covered under 
    this section occur strictly indoors, and are separated into distinct 
    operations. They include book printing, commercial printing 
    (lithographic and gravure), and platemaking for printing purposes. The 
    lithographic printing operation, which is based on the premise that 
    grease and water do not mix, consists of a printing plate or cylinder, 
    ink, a blanket and paper. Areas on the printing plate which will be 
    transferred are coated with grease, and the rest of the plate is kept 
    moist with water. The ink adheres to the grease and is repelled by the 
    water. The printing image is then transferred to a blanket, which is 
    transferred to paper. The gravure printing process uses printing plates 
    or cylinders, ink, and paper. In the gravure process, the image is 
    engraved on the printing plate or cylinder, the ink is then picked up 
    by the engraved cells and directly transferred to paper. Other printing 
    methods include screen, letter press, and flexographic printing. In the 
    platemaking process, plates are cut from metal (usually steel), formed, 
    engraved with the image, and coated with copper sulfate or chromic 
    acid. The plates are later used in the printing processes described 
    above.
    
        \98\ ``Economic Analysis of Proposed Effluent Guidelines, 
    Printing Industry.'' Office of Planning and Evaluation, EPA. August 
    1974.
    ---------------------------------------------------------------------------
    
        Aside from the specific printing activities, other types of 
    industrial activities are shared by facilities covered under this 
    section. For example, the majority of these facilities have outdoor 
    material handling and storage activities, and share the same types of 
    raw and waste materials.
        The primary raw materials utilized by this industry group include 
    paper (including wax paper and card stock at some facilities), printing 
    inks (hydrocarbon based, solvent based), and solvents. Other raw 
    materials include steel (for facilities which manufacture printing 
    plates), toner, paints, lubricating fluids, fuels, coating materials, 
    and adhesives/glues. The paper products are stored indoors because 
    exposure to precipitation would destroy the quality. The other raw 
    materials arrive at the facilities in drums and either remain in the 
    drums or are stored in aboveground or underground tanks, depending on 
    the facilities' space and primary activity. The outdoor storage areas 
    for drums are sometimes covered, but when the drums are directly 
    exposed to precipitation, the storage areas are diked. Within the 
    facilities, drums are stored on wooden pallets or skids, which may 
    become contaminated from spills of the stored materials. After use the 
    pallets and skids are stored outside for disposal and have the 
    potential to contaminate storm water discharges.
        Both nonhazardous and hazardous wastes are produced from the 
    printing process. Hazardous wastes including ink wastes, solvent 
    wastes, and waste chromic and sulfuric acid. These wastes are generated 
    in small quantities at some of the facilities within this industrial 
    group. Solvent wastes result from cleaning of printing plates and metal 
    cutting operations. Ink wastes are generated from the cleaning of 
    printing plates and from excess ink used in printing. Chromic and 
    sulfuric acid wastes are generated from facilities which manufacture 
    and coat rotogravure printing plates.
        Nonhazardous wastes from this industry group include waste paper, 
    paper dust, scrap steel, and used wooden pallets. All of these waste 
    materials have the potential to pollute storm water discharges.
        Significant materials exposed to storm water at these facilities 
    may include raw materials and waste materials. They include solvents 
    (toluene, xylene, acetone, 1,1,1-trichloroethane), fuels (gasoline and 
    diesel), inks, metal, lubricating oils, pallets, copper, chromium, 
    acids (sulfuric and chromic), oil and grease, and waste paper. Some of 
    these materials may be directly exposed to storm water, while others 
    may be covered. Pollutants that may be associated with these materials 
    include TSS, pH, heavy metals, oil and grease, and COD.
        Material handling activities such as loading and unloading areas, 
    and liquid transfer (solvents from outdoor storage tanks to facility) 
    may be exposed to storm water discharges. Exposure of these areas to 
    storm water may be minimized by covering of the shipping/receiving and 
    liquid transfer areas.
        For those facilities engaged in fueling and vehicle maintenance, 
    gasoline and diesel fuel are frequently stored outdoors in aboveground 
    storage tanks and drums. Most vehicles and equipment require oil, 
    hydraulic fluids, antifreeze, and other fluids that may leak and 
    contaminate storm water discharges.
    2. Pollutants Found in Storm Water Discharges From Printing and 
    Publishing Facilities
        The impact of industrial activities on storm water discharges at 
    printing and publishing facilities will vary. Factors at a site which 
    influence the water quality include geographic location, hydrogeology, 
    the industrial activities exposed to storm water discharges, the 
    facility's size, the types of pollution prevention measures/best 
    management practices in place, and the type, duration, and intensity of 
    storm events. Taken together or separately, these factors determine how 
    polluted the storm water discharges will be at a given facility. 
    Additionally, pollutant sources other than storm water, such as illicit 
    connections,99 spills, and other improperly dumped materials, may 
    increase the pollutant loading discharged into Waters of the United 
    States. Table X-1 lists industrial activities that commonly occur at 
    printing and publishing facilities, the pollutant sources at these 
    facilities, and the pollutants associated with these activities. Table 
    X-1 identifies heavy metals, oil and other parameters as potential 
    pollutants associated with printing and publishing facilities.
    
        \99\ Illicit connections are contributions of unpermitted non-
    storm water discharges to storm sewers from any number of sources 
    including improper connections, dumping or spills from industrial 
    facilities, commercial establishments, or residential dwellings. The 
    probability of illicit connections at facilities manufacturing 
    transportation equipment, industrial or commercial machinery is low 
    but it may be applicable at some operations.
    
                                                                            
    
    [[Page 51031]]
      Table X-1.--Description of Industrial Activities, Potential Pollutant 
                   Sources, and Associated Pollutants i,ii,iii              
    ------------------------------------------------------------------------
            Activity             Pollutant source            Pollutant      
    ------------------------------------------------------------------------
    Plate Preparation......  using ink (lithography,  solvent, heavy metal, 
                              letterpress, screen      toxic waste ink with 
                              printing,                solvents chromium,   
                              flexography), etch       lead.                
                              baths, applying                               
                              lacquer.                                      
    Printing...............  using ink (lithography,  heavy metal waste     
                              letterpress, screen      (dust and sludge),   
                              printing,                ink--sludges with    
                              flexography), gravure.   chromium or lead,    
                                                       ink--toxic wastes    
                                                       with metals,         
                                                       solvents.            
    Clean up...............  used plates: type, die,  ink--toxic wastes with
                              press blankets and       metals, solvents.    
                              rollers.                                      
    Stencil Preparation for  lacquer stencil film,    solvents, photographic
     Screen Printing.         photoemulsion,           processing wastes.   
                              blockout (screen                              
                              filler).                                      
    Material Handling:       spills and leaks from    fuel, oil, heavy      
     Transfer, Storage,       material handling        metals.              
     Disposal.                equipment.                                    
                             spills and leaks from    fuel, oil, heavy      
                              aboveground tanks.       metals, material     
                                                       being stored.        
                             solvents; trash;         heavy metals, spent   
                              petroleum products.      solvents, oil.       
    Photoprocessing........  developing negatives     heavy metals, spent   
                              and prints.              solvents.            
    ------------------------------------------------------------------------
    i EPA, Pollution Prevention Programs, Opportunities in Printing.        
      Philadelphia, PA. October 1990.                                       
    ii University of Pittsburgh Trust, Center for Hazardous Materials       
      Research Fact Sheet, Pollution Prevention: Strategies for the Printing
      Industry.                                                             
    iii EPA, Resource Conservation and Recovery Act (RCRA) document, Does   
      Your Business Produce Hazardous Waste as Many Small Businesses Do.    
      Printing and Allied Industries, EPA/530-SW-90-027g, April 15, 1990.   
    
    
        Based on the similarities of the facilities included in this sector 
    in terms of industrial activities and significant materials, EPA 
    believes it is appropriate to discuss the potential pollutants at 
    printing and publishing facilities as a whole and not subdivide this 
    sector. Therefore, Table X-2 lists data for selected parameters from 
    facilities in the printing and publishing sector. These data include 
    the eight pollutants that all facilities were required to monitor for 
    under Form 2F, as well as the pollutants that EPA has determined may 
    merit further monitoring.
    
                                 Table X-2.--Statistics for Selected Pollutants Reported by Printing and Publishing Facilities Submitting Part II Sampling Datai (mg/L)                             
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     No. of        No. of            Mean               Minimum             Maximum             Median          95th Percentile     99th Percentile 
                                                   Facilities      Samples   -----------------------------------------------------------------------------------------------------------------------
                PollutantSample type            -----------------------------                                                                                                                       
                                                  Grab   Comp    Grab   Comp    Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp  
    ------------------------------------------------------ii----------------------------------------------------------------------------------------------------------------------------------------
    BOD5.......................................     15      15     33     33     12.8       7.7       0.0       0.0      61.8      27.0       9.0       6.40     45.9      24.05     94.1       1.9 
    COD........................................     15      15     33     33     64.5      45.97      0.0       0.0     239.0     171.0      49.0      40.0     241.5     203.0     492.9     432.1 
    Nitrate + Nitrite Nitrogen.................     15      14     27     26      1.18      1.22      0.00      0.0       5.80      5.30      0.73      0.82      3.46      3.25      6.14      5.40
    Total Kjeldahl Nitrogen....................     15      15     33     33      3.01      1.78      0.00      0.0      10.00      6.70      1.50      0.98     11.61      5.64     25.09     10.65
    Oil & Grease...............................     15     N/A     33    N/A     10.7     N/A         0.0     N/A        98.0     N/A         1.0     N/A        51.1     N/A       149.7     N/A   
    pH.........................................     14     N/A     26    N/A    N/A       N/A         5.4     N/A         8.6     N/A         7.0     N/A         8.3     N/A         8.9     N/A   
    Total Phosphorus...........................     15      15     33     33      0.34      0.33      0.00      0.0       1.80      2.10      0.16      0.13      1.34      1.25      3.03      2.84
    Total Suspended Solids.....................     15      15     33     33     88        29         0         0       660       104        30        26       445       121      1383      263    
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii iiComposite samples.                                                                                                                                                                         
    
    3. Options for Controlling Pollutants
        In evaluating options for controlling pollutants in storm water 
    discharges, EPA must achieve compliance with the technology-based 
    standards of the Clean Water Act [Best Available Technology (BAT) and 
    Best Conventional Technology)]. The Agency does not believe that it is 
    appropriate to establish specific numeric effluent limitations or a 
    specific design or performance standard in this section for storm water 
    discharges associated with industrial activity from printing and 
    publishing facilities to meet BAT/BCT standards of the Clean Water Act. 
    Instead, this section establishes requirements for the development and 
    implementation of site-specific storm water pollution prevention plans 
    consisting of a set of Best Management Practices (BMPs) that are 
    sufficiently flexible to address different sources of pollutants at 
    different sites.
        Certain BMPs are implemented to prevent and/or minimize exposure of 
    pollutants from industrial activities to storm water discharges. EPA 
    believes the most effective BMPs for reducing pollutants in storm water 
    discharges are exposure minimization practices. Exposure minimization 
    practices lessen the potential for storm water to come into contact 
    with pollutants. Good housekeeping practices ensure that facilities are 
    sensitive to routine and nonroutine activities which may increase 
    pollutants in storm water discharges. The BMPs which address good 
    housekeeping and exposure minimization are easily implemented, 
    inexpensive, and require little, if any, maintenance. BMP expenses may 
    include construction of roofs for storage areas or other forms of 
    permanent cover and the installation of berms/dikes. Other BMPs such as 
    detention/retention ponds and filtering devices may be needed at these 
    facilities because of the contaminant level in the storm water 
    discharges. The types of BMPs implemented will depend on the type of 
    discharge, types and concentrations of contaminants, and the volume of 
    the flow.
        The selection of the most effective BMPs will be based on site-
    specific considerations such as: facility size, climate, geographic 
    location, geology/hydrology and the environmental setting of each 
    facility, and volume and type of discharge generated. Each facility 
    will be unique in that the source, type, and volume of contaminated 
    storm water discharges will differ. In addition, the fate and transport 
    of pollutants in these discharges will vary. EPA believes that 
    
    [[Page 51032]]
    the management practices discussed herein are well suited mechanisms to 
    prevent or control the contamination of storm water discharges 
    associated with printing and publishing facilities.
        Part 1 group application data indicate that BMPs have not been 
    widely implemented at the representative sampling facilities. Less than 
    10 percent of the sampling subgroup reported that they store some 
    materials indoors; less than 10 percent store hazardous wastes under 
    roof; and less than 5 percent cover drums or have sealed drums. 
    However, 45 percent of the subgroup utilize some type of covering; 45 
    percent implement good housekeeping practices; and over 40 percent have 
    training on pollution prevention.
        The measures commonly used to reduce pollutants in storm water 
    discharges associated with printing and publishing facilities are 
    generally simple and easy to implement. Table X-3 identifies best 
    management practices (BMPs) associated with different activities that 
    routinely occur at printing and publishing facilities.
    
        Table X-3.--General Storm Water BMPS for Printing and Publishing    
                              Facilitiesi,ii,iii,iv                         
    ------------------------------------------------------------------------
             Activity                 Best management practices (BMPs)      
    ------------------------------------------------------------------------
    Plate Preparation........  use aqueous-developed lithographic plates or 
                                wipe-on plates.                             
    Printing.................  use press wipes as long as possible before   
                                discarding or laundering; dirty ones for the
                                first pass, clean ones for the second pass. 
                               squeeze or centrifuge solvent out of dirty   
                                rags.                                       
                               set up an in-house dirty rag cleaning        
                                operation if warranted or send to approved  
                                industrial laundries, if available.         
                               dedicated press for inks with hazardous      
                                pigments/solvents.                          
                               segregate used oil from solvents or other    
                                materials.                                  
                               use water-based inks in gravure and          
                                flexographic printing process.              
    Clean up.................  label sinks as to proper disposal of liquids.
                               keep equipment in good condition.            
                               use doctor blades and squeegees to remove as 
                                much ink as possible prior to cleaning with 
                                solvent and rags.                           
                               control solvent use during equipment         
                                cleaning, use only what you need.           
                               designate special areas for draining or      
                                replacing fluids.                           
                               substitute nontoxic or less toxic cleaning   
                                solvents.                                   
                               recover waste solvents onsite with batch     
                                distillation if warranted or utilize        
                                professional solvent recyclers.             
                               centralize liquid solvent cleaning in one    
                                location.                                   
                               have refresher courses in operating and      
                                safety procedures.                          
    Stencil Preparation for    recapture excess ink from silkscreen process 
     Screen Printing.           before washing the screen to decrease amount
                                of ink used and cleaning emulsion used      
    Material Handling and      store containerized materials (fuels, paints,
     Storage Areas.             inks, solvents, etc.) in a protected, secure
                                location and away from drains.              
                               store reactive, ignitable, or flammable      
                                liquids in compliance with the local fire   
                                code.                                       
                               identify potentially hazardous materials,    
                                their characteristics, and use.             
                               eliminate/reduce exposure to storm water.    
                               control excessive purchasing, storage, and   
                                handling of potentially hazardous materials.
                               keep records to identify quantity, receipt   
                                date, service life, users, and disposal     
                                routessecure and carefully monitor hazardous
                                materials to prevent theft, vandalism, and  
                                misuse of materials.                        
                               educate personnel for proper storage, use,   
                                cleanup, and disposal of materials.         
                               maintain good integrity of all storage tanks.
                               inspect storage tanks to detect potential    
                                leaks and perform preventive maintenance.   
                               provide sufficient containment for outdoor   
                                storage areas for the larger of either 10   
                                percent of the volume of all containers or  
                                110 percent of the volume of the largest    
                                tank.                                       
                               use temporary containment where required by  
                                portable drip pans.                         
                               use spill troughs for drums with taps        
                               train employees on proper filling and        
                                transfer procedures                         
                               inspect piping systems (pipes, pumps,        
                                flanges, couplings, hoses, valves) for      
                                failures or leaks.                          
                               handle solvents in designated areas away from
                                drains, ditches, and surface waters. Locate 
                                designated areas preferably indoors or under
                                a shed.                                     
                               if spills occur,                             
                               stop the source of the spill immediately.    
                               contain the liquid until cleanup is complete.
                               deploy oil containment booms if the spill may
                                reach the water.                            
                               cover the spill with absorbent material.     
                               keep the area well ventilated.               
                               dispose of cleanup materials properly.       
                               do not use emulsifier or dispersant.         
    ------------------------------------------------------------------------
    i EPA, Pollution Prevention Programs, Opportunities in Printing.        
      Philadelphia, PA. October 1990.                                       
    ii University of Pittsburgh Trust, Center for Hazardous Materials       
      Research Fact Sheet, Pollution Prevention: Strategies for the Printing
      Industry.                                                             
    iii EPA, Resource Conservation and Recovery Act (RCRA) document, Does   
      Your Business Produce Hazardous Waste as Many Small Businesses Do.    
      Printing and Allied Industries, EPA/530-SW-90-027g, April 15, 1990.   
    iv NPDES Storm Water Group Applications--Part 1. Received by EPA March  
      18, 1991 through December 31, 1992.                                   
    
    
    [[Page 51033]]
    
    4. Storm Water Pollution Prevention Plan Requirements.
        EPA believes that pollution prevention is the most effective 
    approach for controlling contaminated storm water discharges from 
    printing and publishing facilities. The requirements included in the 
    pollution prevention plan provide a flexible framework for the 
    development and implementation of site-specific controls to minimize 
    the pollutants in storm water discharges. This flexibility is necessary 
    because each facility is unique in that the source, type, and volume of 
    contaminated storm water discharge will vary from site to site.
        Under today's permit, all facilities must prepare and implement a 
    storm water pollution prevention plan. The pollution prevention plan 
    requirement reflects EPA's decision to allow operators of printing and 
    publishing facilities to utilize BMPs as the BAT/BCT level of control 
    for the storm water discharges covered by this section. The pollution 
    prevention plan requirements in this section are consistent with the 
    general requirements presented in the front of this fact sheet, which 
    are based on EPA's storm water general permits finalized on September 
    9, 1992 (57 FR 41236), and September 25, 1992 (57 FR 44438), for 
    discharges in nonauthorized NPDES States.
        There are two major objectives to a pollution prevention plan: 1) 
    to identify sources of pollution potentially affecting the quality of 
    storm water discharges associated with industrial activity from a 
    facility; and 2) to describe and ensure implementation of practices to 
    minimize and control pollutants in storm water discharges associated 
    with industrial activity from a facility.
        Specific requirements for a pollution prevention plan for printing 
    and publishing facilities are described below.
        a. Contents of the Plan. Storm water pollution prevention plans are 
    intended to aid operators of printing and publishing facilities to 
    evaluate all potential prevention sources at a site, and assist in the 
    selection and implementation of appropriate measures designed to 
    prevent, or control, the discharge of pollutants in storm water runoff. 
    EPA has developed guidance entitled Storm Water Management for 
    Industrial Activities: ``Developing Pollution Prevention Plans and Best 
    Management Practices,'' EPA, 1992, (EPA 832-R-92-006) to assist 
    permittees in developing and implementing pollution prevention 
    measures.
        (1) Description of Potential Pollutant Sources. Each storm water 
    pollution prevention plan must describe activities, materials, and 
    physical features of the facility that may contribute pollutants to 
    storm water runoff or, during periods of dry weather, result in dry 
    weather flows. This assessment of potential storm water pollutant 
    source will support subsequent efforts to identify and set priorities 
    for necessary changes in materials, materials management practices, or 
    site features, as well as aid in the selection of appropriate 
    structural and nonstructural control techniques. Plans must describe 
    the following elements:
        (a) Site Map--The plan must contain a map of the site that shows 
    the pattern of storm water drainage, structural and nonstructural 
    features that control pollutants in storm water runoff and process 
    wastewater discharges, surface water bodies (including wetlands), 
    places where significant materials \100\ are exposed to rainfall and 
    runoff, and locations of major spills and leaks that occurred in the 3 
    years prior to the date of the submission of a Notice of Intent (NOI) 
    to be covered under this permit. The map must also indicate the 
    direction of storm water flow. An outline of the drainage area for each 
    outfall must be provided; the location of each outfall and monitoring 
    points must be indicated; and the types of discharges contained in the 
    drainage areas of the outfalls (e.g., storm water and air conditioner 
    condensate) must be identified. An estimation of the total site acreage 
    utilized for each industrial activity (e.g., storage of raw materials, 
    waste materials, and used equipment) must be provided. These areas 
    include liquid storage tanks, stockpiles, holding bins, used equipment, 
    and empty drum storage. These areas are considered to be significant 
    potential sources of pollutants at printing and publishing facilities.
    
        \100\ Significant materials include, `` * * * but [are] not 
    limited to: raw materials, fuels, materials such as solvents, 
    detergents, and plastic pellets; finished materials such as metallic 
    products; * * * hazardous substances designated under section 
    101(14) of CERCLA; any chemical facilities are required to report 
    pursuant to section 313 of Title III of SARA; fertilizers; 
    pesticides; and waste products such as ashes, slag, and sludge that 
    have the potential to be released with storm water discharge.'' (40 
    CFR 122.26(b)(12)). Significant materials commonly found at 
    transportation equipment, industrial or commercial machinery 
    manufacturing facilities include raw and scrap metals; solvents; 
    used equipment; petroleum based products; waste materials or by-
    products used or created by the facility.
    ---------------------------------------------------------------------------
    
        (b) Inventory of Exposed Materials--Facility operators are required 
    to carefully conduct an inspection of the site to identify significant 
    materials that are or may be exposed to storm water discharges. The 
    inventory must address materials that within 3 years prior to the date 
    of the submission of a Notice of Intent (NOI) to be covered under this 
    permit have been handled, stored, processed, treated, or disposed of in 
    a manner to allow exposure to storm water. Findings of the inventory 
    must be documented in detail in the pollution prevention plan. At a 
    minimum, the plan must describe the method and location of onsite 
    storage or disposal; practices used to minimize contact of materials 
    with precipitation and runoff; existing structural and nonstructural 
    controls that reduce pollutants in storm water; existing structural 
    controls that limit process wastewater discharges; and any treatment 
    the runoff receives before it is discharged to surface waters or 
    through a separate storm sewer system. The description must be updated 
    whenever there is a significant change in the type or amounts of 
    materials, or material management practices, that may affect the 
    exposure of materials to storm water.
        (c) Significant Spills and Leaks--The plan must include a list of 
    any significant spills and leaks of toxic or hazardous pollutants that 
    occurred in the 3 years prior to the date of the submission of a Notice 
    of Intent (NOI) to be covered under this permit. Significant spills 
    include, but are not limited to, releases of oil or hazardous 
    substances in excess of reportable quantities under Section 311 of CWA 
    (see 40 CFR 110.10 and 117.21) or Section 102 of the Comprehensive 
    Environmental Response, Compensation and Liability Act (CERCLA) (see 40 
    CFR 302.4). Significant spills may also include releases of oil or 
    hazardous substances that are not in excess of reporting requirements 
    and releases of materials that are not classified as oil or a hazardous 
    substance.
        (d) Non-storm Water Discharges--Each pollution prevention plan must 
    include a certification, signed by an authorized individual, that 
    discharges from the site have been tested or evaluated for the presence 
    of non-storm water, the results of any test and/or evaluation conducted 
    to detect such discharges, the test method or evaluation criteria used, 
    the dates on which tests or evaluations were performed, and the onsite 
    drainage points directly observed during the test or evaluation. 
    Pollution prevention plans must identify and ensure the implementation 
    of appropriate pollution prevention measures for any non-storm water 
    discharges. 
    
    [[Page 51034]]
    
        (e) Sampling Data--Any existing data describing the quality or 
    quantity of storm water discharges from the facility must be summarized 
    in the plan. The description should include a discussion of the methods 
    used to collect and analyze the data. Sample collection points should 
    be identified in the plan and shown on the site map.
        (f) Summary of Potential Pollutant Sources--The description of 
    potential pollutant sources should clearly point to activities, 
    materials, and physical features of the facility that have a reasonable 
    potential to contribute significant amounts of pollutants to storm 
    water. Any such activities, materials, or features must be addressed by 
    the measures and controls subsequently described in the plan. In 
    conducting the assessment, the facility operator must consider the 
    following activities: raw materials (liquid storage tanks, stockpiles, 
    holding bins), waste materials (empty drum storage), and used equipment 
    storage areas. The assessment must list any significant pollutant 
    parameter(s) (i.e., total suspended solids, oil and grease, etc.) 
    associated with each source.
        (2) Measures and Controls. Permittees must select, describe, and 
    evaluate the pollution prevention measures, BMPs, and other controls 
    that will be implemented at the facility. Source reduction measures 
    include preventive maintenance, spill prevention, good housekeeping, 
    training, and proper materials management. If source reduction is not 
    an option, EPA supports the use of source control measures. These 
    include BMPs such as material covering, water diversion, and dust 
    control. If source reduction or source control are not available, then 
    recycling or waste treatment are other alternatives. Recycling allows 
    the reuse of storm water, while treatment lowers pollutant 
    concentrations prior to discharge. Since the majority of printing and 
    publishing activities occur indoors, the BMPs identified above are 
    geared towards only those activities that occur outdoors or that 
    otherwise have a potential to contribute pollutants to storm water 
    discharges.
        Pollution prevention plans must discuss the reasons each selected 
    control or practice is appropriate for the facility and how each of the 
    potential pollutant sources will be addressed. Plans must identify the 
    time during which controls or practices will be implemented, as well 
    the effect the controls or practices will have on storm water 
    discharges from the site. At a minimum, the measures and controls must 
    address the following components:
        (a) Good Housekeeping--Permittees must describe protocols 
    established to reduce the possibility of mishandling chemicals or 
    equipment and training employees in good housekeeping techniques. 
    Specifics of this plan must be communicated to appropriate plant 
    personnel.
        (b) Preventive Maintenance--Permittees are required to develop a 
    preventive maintenance program that includes regular inspections and 
    maintenance of storm water BMPs. Inspections should assess the 
    effectiveness of the storm water pollution prevention plan. They allow 
    facility personnel to monitor the components of the plan on a regular 
    basis. The use of a checklist is encouraged, as it will ensure that all 
    of the appropriate areas are inspected and provide documentation for 
    recordkeeping purposes.
        (c) Spill Prevention and Response Procedures--Permittees are 
    required to identify proper material handling procedures, storage 
    requirements, containment or diversion equipment, and spill removal 
    procedures to reduce exposure of spills to storm water discharges. 
    Areas and activities which are high risks for spills at printing and 
    publishing facilities include raw material unloading and product 
    loading areas, material storage areas, and waste management areas. 
    These activities and areas and their drainage points must be described 
    in the plan.
        (d) Inspections--Qualified personnel must inspect designated 
    equipment and areas of the facility at the proper intervals specified 
    in the plan. The plan should identify areas which have the potential to 
    pollute storm water for periodic inspections. Records of inspections 
    must be maintained onsite.
        (e) Employee Training--Permittees must describe a program for 
    informing and educating personnel at all levels of responsibility of 
    the components and goals of the storm water pollution prevention plan. 
    A schedule for conducting this training should be provided in the plan. 
    Where appropriate, contractor personnel must also be trained in 
    relevant aspects of storm water pollution prevention. Topics for 
    employee training should include good housekeeping, materials 
    management, and spill response procedures. EPA recommends that 
    facilities conduct training annually at a minimum. However, more 
    frequent training may be necessary at facilities with high turnover of 
    employees or where employee participation is essential to the storm 
    water pollution prevention plan.
        (f) Recordkeeping and Internal Reporting Procedures--Permittees 
    must describe procedures for developing and retaining records on the 
    status and effectiveness of plan implementation. This includes the 
    success and failure of BMPs implemented at the facility.
        (g) Sediment and Erosion Control--Permittees must identify areas, 
    due to topography, activities, soils, cover materials, or other factors 
    that have a high potential for soil erosion. Measures to eliminate 
    erosion must be identified in the plan.
        (h) Management of Runoff--Permittees must provide an assessment of 
    traditional storm water management practices that divert, infiltrate, 
    reuse, or otherwise manage storm water so as to reduce the discharge of 
    pollutants. Based on this assessment, practices to control runoff from 
    these areas must be identified and implemented as required by the plan.
        (3) Comprehensive Site Compliance Evaluation. The storm water 
    pollution prevention plan must describe the scope and content of 
    comprehensive site evaluations that qualified personnel will conduct 
    to: (1) Confirm the accuracy of the description of potential sources 
    contained in the plan, (2) determine the effectiveness of the plan, and 
    (3) assess compliance with the terms and conditions of this section. 
    Comprehensive site compliance evaluations must be conducted once a year 
    for printing and publishing facilities. The individual(s) who will 
    conduct the evaluations must be identified in the plan and should be 
    members of the pollution prevention team. Evaluation reports must be 
    retained for at least 3 years after the date of the evaluation.
        Based on the results of each evaluation, the description of 
    potential pollution sources, and measures and controls, the plan must 
    be revised as appropriate within 2 weeks after each evaluation. Changes 
    in the measures and controls must be implemented on the site in a 
    timely manner, never more than 12 weeks after completion of the 
    evaluation.
    5. Monitoring and Reporting Requirements
        a. Monitoring Requirements. The regulatory modifications at 40 CFR 
    122.44 (i)(2) established on April 2, 1992, grant permit writers the 
    flexibility to reduce monitoring requirements in storm water discharge 
    permits. EPA has determined that the potential for storm water 
    discharges to contain pollutants above benchmark levels, because of the 
    industrial activities and materials exposed to precipitation, does not 
    
    [[Page 51035]]
    support sampling at printing and publishing facilities. Under the Storm 
    Water Regulations at 40 CFR 122.26(b)(14), EPA defined ``storm water 
    discharge associated with industrial activity''. The focus of today's 
    permit is to address the presence of pollutants that are associated 
    with the industrial activities identified in this definition and that 
    might be found in storm water discharges. Under the methodology for 
    determining analytical monitoring requirements, described in section 
    VI.E.1 of this fact sheet, nitrate plus nitrite nitrogen is above the 
    bench mark concentrations for the printing and publishing sector. After 
    a review of the nature of industrial activities and the significant 
    materials exposed to storm water described by facilities in this 
    sector, EPA has determined that the higher concentrations of nitrate 
    plus nitrite nitrogen are not likely to be caused by the industrial 
    activity, but may be primarily due to non-industrial activities on-
    site. Today's permit does not require printing and publishing 
    facilities to conduct analytical monitoring for this parameter. Based 
    on a consideration of the BMPs typically used at these facilities, and 
    generally low pollutant values from the application data, EPA believes 
    that the pollution prevention plan with visual examinations of storm 
    water discharges will help to ensure storm water contamination is 
    minimized. Because permittees are not required to conduct sampling, 
    they will be able to focus their resources on developing and 
    implementing the pollution prevention plan.
        Quarterly visual examinations of a storm water discharge from each 
    outfall are required. The inspection must be of a grab sample collected 
    from each storm water outfall. The examination of storm water grab 
    samples shall include any observations of color, odor, turbidity, 
    floating solids, foam, oil sheen, or other obvious indicators of storm 
    water pollution. The examination must be conducted in a well lit area. 
    No analytical tests are required to be performed on these samples.
        The examination must be made at least once in each designated 
    period during daylight hours unless there is insufficient rainfall or 
    snow-melt to runoff. Where practicable, the same individual should 
    carry out the collection and examination of discharges throughout the 
    life of the permit to ensure the greatest degree of consistency 
    possible. Examinations shall be conducted in each of the following 
    periods for the purposes of inspecting storm water quality associated 
    with storm water runoff and snow melt: January through March; April 
    through June; July through September; October through December. Grab 
    samples shall be collected within the first 30 minutes (or as soon 
    thereafter as practical, but not to exceed 1 hour) of when the runoff 
    begins discharging. Reports of the visual examination include: the 
    examination date and time, examination personnel, visual quality of the 
    storm water discharge, and probable sources of any observed storm water 
    contamination. The visual examination reports must be maintained onsite 
    with the pollution prevention plan.
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly visual examination.
        EPA believes that this quick and simple assessment will help 
    permittees to determine the effectiveness of their plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the chemical properties of the storm water discharged from the 
    site, the examination will provide meaningful results upon which the 
    facility may act quickly. The frequency of this visual examination will 
    also allow for timely adjustments to be made to the plan. If BMPs are 
    performing ineffectively, corrective action must be implemented. A set 
    of tracking or follow-up procedures must be used to ensure that 
    appropriate actions are taken in response to the examinations. The 
    visual examination is intended to be performed by members of the 
    pollution prevention team. This hands-on examination will enhance the 
    staff's understanding of the storm water problems on that site and the 
    effects of the management practices that are included in the plan.
        When a discharger is unable to collect samples over the course of 
    the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examination. Adverse weather conditions which may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        As discussed above, EPA does not believe that chemical monitoring 
    is necessary for printing and publishing facilities. EPA believes that 
    between quarterly visual examinations and site compliance evaluations 
    potential sources of contaminants can be recognized, addressed, and 
    then controlled with BMPs. In determining the monitoring requirements, 
    EPA considered the nature of the industrial activities and significant 
    materials exposed at these sites, and performed a review of data 
    provided in Part 2 group applications.
    
    Y. Storm Water Discharges Associated With Industrial Activity From 
    Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing 
    Industries
    
    1. Discharges Covered Under This Section
        This section covers storm water discharges associated with 
    industrial activity from rubber and miscellaneous plastic products 
    facilities (commonly identified by Standard Industrial Classification 
    (SIC) major group 30) and miscellaneous manufacturing industries, 
    except jewelry, silverware, and plateware (commonly identified by SIC 
    major group 39, except 391).
        Rubber and miscellaneous plastic products manufacturing facilities 
    specifically include manufacturers of tires and inner tubes, rubber and 
    plastic footwear, rubber and plastic hose and belting, gaskets, packing 
    and sealing devices, and miscellaneous fabricated rubber products. This 
    group also includes miscellaneous plastic products such as unsupported 
    plastic film, sheet, rods and tubes, laminated plastic plate, sheet and 
    profile shapes, plastic pipe and bottles, plastic foam products such as 
    cups, ice chests and packaging materials, plastic plumbing fixtures, 
    and miscellaneous plastic products.
        Miscellaneous manufacturing industries specifically include 
    manufacturers of musical instruments, games, toys and athletic goods, 
    pens, pencils and artists' supplies, buttons, pins and needles, and a 
    wide variety of products not classified elsewhere.
        The SIC codes of the facilities covered by this section are in 
    category (xi) of the definition of storm water discharges associated 
    with industrial activity. Storm water discharges from facilities in 
    this category are only regulated where precipitation and storm water 
    runon come into contact with areas associated with industrial 
    activities, and significant materials. Significant materials include, 
    but are not limited to, raw materials, waste products, fuels, finished 
    products, intermediate 
    
    [[Page 51036]]
    products, by-products, and other materials associated with industrial 
    activities.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
    2. Pollutants Found in Storm Water Discharges
        a. Sources of Pollutants. As discussed above, the SICs of the 
    facilities in this sector fall into category (xi) of the definition of 
    ``storm water associated with industrial activity'' found at 40 Code of 
    Federal Regulations (CFR) 122.26(b)(14). As noted in the preamble to 
    the final storm water regulations of November 16, 1990, most of the 
    actual manufacturing and processing activity at these types of 
    facilities normally occurs indoors (55 FR 48008).
        Additional information concerning these manufacturing processes and 
    the industrial sector itself can be found in the following documents: 
    ``Development Document for Effluent Limitations Guidelines and New 
    Source Performance Standards for the Tire and Synthetic Rubber 
    Processing Point Source Category,'' EPA 440/1-74-013a; ``Development 
    Document for Effluent Limitations Guidelines and New Source Performance 
    Standards for the Fabricated and Reclaimed Rubber Segment of the Rubber 
    Processing Point Source Category,'' EPA 440/1-74/030a; and 
    ``Development Document and Effluent Limitations Guidelines and 
    Standards for the Plastics Molding and Forming Point Source Category,'' 
    EPA 440/1-84/069.
        The types of activities at these facilities where exposure to storm 
    water may occur consist primarily of loading/unloading activities, and 
    the storage and handling of raw materials, by-products, final products 
    or waste products. A wide variety of materials are used at the 
    facilities including solvents, acids and caustic, carbon black, 
    plasticizers, paint, processing oils, resins, rubber compounds and 
    solutions, fuels such as diesel or gasoline, adhesives, zinc and 
    miscellaneous chemicals. However, it should also be noted that this is 
    a cumulative list gathered from all the types of facilities in this 
    sector and that individual facilities do not necessarily use all the 
    materials on the list. Tanks, drums or bags of these materials may be 
    exposed to storm water during loading/unloading operations, or through 
    outdoor storage or handling at some facilities.
        Other items which may be exposed to storm water include surplus 
    processing machinery, scrap metal, scrap plastic and rubber, plastic 
    pellets, PVC pipe and rags. Table Y-1 lists potential pollutant sources 
    from activities that commonly take place at rubber, miscellaneous 
    plastic products, and miscellaneous manufacturing industries.
    
                      Table Y-1.--Common Pollutant Sources                  
    ------------------------------------------------------------------------
            Activity             Pollutant source           Pollutants      
    ------------------------------------------------------------------------
    Outdoor Material         Wooden pallets, spills/  TSS, oil and grease,  
     Loading/Unloading.       leaks from material      organics.            
                              handling equipment,                           
                              solvents, resins.                             
    Outdoor Material and     Solvents, acids and      Organics, zinc,       
     Equipment Storage.       caustic, plasticizers,   hydrocarbons, oil and
                              paint, lubricating       grease, acids,       
                              oils, processing oils,   alkalinity.          
                              resins, rubber                                
                              compounds, mineral                            
                              spirits, zinc, scrap                          
                              metal, scrap plastic                          
                              and rubber, plastic                           
                              pellets, PVC pipe, and                        
                              rags.                                         
    ------------------------------------------------------------------------
    
        Based on the wide variety of industrial activities and significant 
    materials at the facilities included in this sector, EPA believes it is 
    appropriate to divide the rubber and plastic product and miscellaneous 
    manufacturing industry into subsectors to properly analyze sampling 
    data and determine monitoring requirements. As a result, this sector 
    has been divided into the following subsectors: rubber and 
    miscellaneous plastic products manufacturing and miscellaneous 
    manufacturing. Tables Y-2 and Y-3 below include data for the eight 
    pollutants that all facilities were required to monitor for under Form 
    2F. The tables also list those parameters that EPA has determined merit 
    further monitoring.
    
     Table Y-2.--Statistics for Selected Pollutants Reported by Tires and Inner Tubes, Rubber and Plastics Footwear, Gaskets, Packing, and Sealing Devices and Rubber and Plastics Hose and Belting,
                                         Fabricated Rubber Products, Not Elsewhere Classified Manufacturing Facilities Submitting Part II Sampling Datai (mg/L)                                     
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                           No. of        No. of             Mean                 Minimum               Maximum              Median           95th Percentile       99th Percentile  
                                         Facilities      Sample    ---------------------------------------------------------------------------------------------------------------------------------
          Pollutant Samples type      -----------------------------                                                                                                                                 
                                        Grab  Compii   Grab   Comp     Grab       Comp       Grab       Comp       Grab       Comp      Grab      Comp       Grab       Comp       Grab       Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5.............................     18      17     32     31     14.7       14.47       0.0        0.0      160.0      144.0        6.4       7.90     43.0       43.18      86.1       86.3  
    COD..............................     18      17     32     31    105.2       77.7       13.0        0.0      812.0      321.0       52.0      63.0     271.5      335.7      499.0      737.6  
    Nitrate + Nitrite Nitrogen.......     18      17     32     31      0.72       1.69       0.04       0.05       2.49      32.0        0.58      0.65      2.61       4.12       5.30       9.63 
    Total Kjeldahl Nitrogen..........     18      17     32     31      1.98       1.44       0.37       0.0        8.55       6.48       1.38      1.11      5.55       4.07       9.87       7.20 
    Oil & Grease.....................     18     N/A     32    N/A      5.3      N/A          0.0      N/A         76.0      N/A          1.5     N/A        16.5      N/A         37.5      N/A    
    pH...............................     17     N/A     30    N/A    N/A        N/A          4.8      N/A          9.2      N/A          7.0     N/A         8.7      N/A          9.5      N/A    
    Total Phosphorus.................     18      17     32     31      0.35       0.51       0.00       0.0        1.65       8.65       0.22      0.17      1.17       1.38       2.31       3.19 
    Total Suspended Solids...........     18      17     32     31    185        129          0          0.0     1420        760         63        44       783        584       2143       1585    
    Zinc, Total......................     15      15     28     28      1.103      0.904      0.027      0.011      7.600      7.490      0.21      0.25      4.617      4.179     14.012     12.660 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
                                                                                                                                                                                                    
    
    [[Page 51037]]
     Table Y-3.--Statistics for Selected Pollutants Reported by Miscellaneous Plastics Products, Musical Instruments, Dolls, Toys, Games, and Sporting and Athletic Goods, Pens, Pencils, and Other 
     Artists' Materials, Costume Jewelry, Costume Novelties, Buttons, and Miscellaneous Notions, Except Precious Metal, and Miscellaneous Manufacturing Facilities Submitting Part II Sampling Datai
                                                                                                 (mg/L)                                                                                             
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                               No. of         No. of Sample          Mean               Minimum             Maximum             Median          95th Percentile     99th Percentile 
                                             Facilities    -----------------------------------------------------------------------------------------------------------------------------------------
           Pollutant Samples type        ------------------                                                                                                                                         
                                            Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5................................       35       36       56       58     13.3       9.37      0.0       0.0      71.0      70.0       8.1       7.0      41.8      28.8      77.1      51.5 
    COD.................................       35       35       56       56    100.6      69.0       0.0       0.0     600.0     640.0      57.0      36.5     789.2     201.2    2377.6     380.8 
    Nitrate + Nitrite Nitrogen..........       35       34       56       55      1.01      1.02      0.00      0.0       5.23      7.40      0.75      0.62      5.49      3.21     13.98      6.25
    Total Kjeldahl Nitrogen.............       34       33       55       54      2.16      1.58      0.00      0.0      11.00      6.54      1.40      1.20     12.46      5.22     31.95     10.02
    Oil & Grease........................       38      N/A       60      N/A      3.9     N/A         0.0     N/A        91.0     N/A         0.0     N/A        15.4     N/A        35.5     N/A   
    pH..................................       32      N/A       54      N/A    N/A       N/A         2.6     N/A        10.1     N/A         7.3     N/A         9.6     N/A        10.9     N/A   
    Total Phosphorus....................       35       34       55       54      0.33      0.24      0.00      0.0       2.90      1.25      0.18      0.15      1.90      0.72      5.35      1.31
    Total Suspended Solids..............       35       35       56       56    202       116         0         0      2008      2100        34        25      1777       433      8369     1235    
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
    3. Options for Controlling Pollutants
        In evaluating options for controlling pollutants in storm water 
    discharges, EPA must achieve compliance with the technology-based 
    standards of the Clean Water Act [Best Available Technology (BAT) and 
    Best Conventional Technology)]. The Agency does not believe that it is 
    appropriate to establish specific numeric effluent limitations or a 
    specific design or performance standard in this section for storm water 
    discharges associated with industrial activity from rubber, 
    miscellaneous plastic products and miscellaneous manufacturing 
    industries to meet BAT/BCT standards of the Clean Water Act. Instead, 
    this section establishes requirements for the development and 
    implementation of site-specific storm water pollution prevention plans 
    consisting of a set of Best Management Practices (BMPs) that are 
    sufficiently flexible to address different sources of pollutants at 
    different sites.
        Certain BMPs are implemented to prevent and/or minimize exposure of 
    pollutants from industrial activities to storm water discharges. EPA 
    believes the most effective BMPs for reducing pollutants in storm water 
    discharges are exposure minimization practices. Exposure minimization 
    practices lessen the potential for storm water to come into contact 
    with pollutants. Good housekeeping practices ensure that facilities are 
    sensitive to routine and nonroutine activities which may increase 
    pollutants in storm water discharges. The BMPs which address good 
    housekeeping and exposure minimization are easily implemented, 
    inexpensive, and require little, if any, maintenance. BMP expenses may 
    include construction of roofs for storage areas or other forms of 
    permanent cover and the installation of berms/dikes. Other BMPs such as 
    detention/retention ponds and filtering devices may be needed at these 
    facilities because of the contaminant level in the storm water 
    discharges. The types of BMPs implemented will depend on the type of 
    discharge, types and concentrations of contaminants, and the volume of 
    the flow.
        The selection of the most effective BMPs will be based on site-
    specific considerations such as: facility size, climate, geographic 
    location, geology/hydrology and the environmental setting of each 
    facility, and volume and type of discharge generated. Each facility 
    will be unique in that the source, type, and volume of contaminated 
    storm water discharges will differ. In addition, the fate and transport 
    of pollutants in these discharges will vary. EPA believes that the 
    management practices discussed herein are well suited mechanisms to 
    prevent or control the contamination of storm water discharges 
    associated with rubber, miscellaneous plastic products and 
    miscellaneous manufacturing industries.
        Part 1 group application data indicated that the most widely 
    implemented BMP, used by approximately 36 percent of the sampling 
    facilities, is dikes. Less than 10 percent of the sampling subgroup 
    reported that they cover their storage or loading areas; approximately 
    12 percent have roofs over their raw materials; and less than 5 percent 
    store raw materials indoors. Because BMPs described in part 1 data are 
    limited, the Table Y-4 is provided to identify BMPs associated with 
    activities that routinely occur at rubber, miscellaneous plastic 
    products and miscellaneous manufacturing industries.
    
     Table Y-4.--General Storm Water BMPs for Rubber, Miscellaneous Plastic 
              Products, and Miscellaneous Manufacturing Industries          
    ------------------------------------------------------------------------
             Activity                 Best management practices (BMPs)      
    ------------------------------------------------------------------------
    Outdoor Unloading and      Confine loading/unloading activities to a    
     Loading.                   designated area.                            
                               Consider performing loading/unloading        
                                activities indoors or in a covered area.    
                               Consider covering loading/unloading area with
                                permanent cover (e.g., roofs) or temporary  
                                cover (e.g., tarps).                        
                               Close storm drains during loading/unloading  
                                activities in surrounding areas.            
                               Avoid loading/unloading materials in the     
                                rain.                                       
                               Inspect the unloading/loading areas to detect
                                problems before they occur.                 
                               Inspect all containers prior to loading/     
                                unloading of any raw or spent materials.    
                               Consider berming, curbing, or diking loading/
                                unloading areas.                            
                               Dead-end sump where spilled materials could  
                                be directed.                                
                               Drip pans under hoses.                       
                               Use dry clean-up methods instead of washing  
                                the areas down.                             
                               Train employees on proper loading/unloading  
                                techniques and spill prevention and         
                                response.                                   
    Outdoor Material Storage   Confine storage of materials, parts, and     
     (including waste, and      equipment to designated areas.              
     particulate emission                                                   
     management).                                                           
    
    [[Page 51038]]
                                                                            
                               Consider secondary containment using curbing,
                                berming, or diking all liquid storage areas.
                               Train employees on proper waste control and  
                                disposal.                                   
                               Train employees in spill prevention and      
                                response.                                   
                               Consider covering tanks.                     
                               Ensure that all containers are closed (e.g., 
                                valves shut, lids sealed, caps closed).     
                               Wash and rinse containers indoors before     
                                storing them outdoors.                      
                               If outside or in covered areas, minimize     
                                runon of storm water by grading the land to 
                                divert flow away from containers.           
                               Leak detection and container integrity       
                                testing.                                    
                               Direct runoff to onsite retention pond.      
                               Inventory all raw and spent materials.       
                               Clean around vents and stacks.               
                               Place tubs around vents and stacks to collect
                                particulate.                                
                               Inspect air emission control systems (e.g.,  
                                baghouses) regularly, and repair or replace 
                                when necessary.                             
                               Store wastes in covered, leak proof          
                                containers (e.g., dumpsters, drums).        
                               Consider shipping all wastes to offsite      
                                landfills or treatment facilities.          
                               Ensure hazardous waste disposal practices are
                                performed in accordance with Federal, State,
                                and local requirements.                     
    ------------------------------------------------------------------------
    Sources: NPDES Storm Water Group Applications--Part 1. Received by EPA, 
      March 18, 1991, through December 31, 1992.                            
    EPA, Office of Water. September 1992. ``Storm Water Management for      
      Industrial Activities: Developing Pollution Prevention Plans and Best 
      Management Practices.'' EPA 832-R-92-006.                             
    
    
        There are three major types of facilities in this sector: (1) 
    Rubber products manufacturers, (2) manufacturers of miscellaneous 
    plastic products, and (3) miscellaneous industries. In discussions with 
    the rubber industry, the BMPs found in Table Y-5 were identified for 
    rubber manufacturing to control discharges of zinc which was the most 
    frequently reported toxic pollutant in the storm water sampling data:
    
           Table Y-5.--BMPs for the Control of Zinc at Rubber Products      
                                  Manufacturers                             
    ------------------------------------------------------------------------
                Zinc source                              BMPs               
    ------------------------------------------------------------------------
    Poor housekeeping, bags of zinc      Employee training, spill cleanup,  
     stored outside, zinc spilled from    indoor storage, use of special    
     trucks during unloading, spillage    large volume sacks with less      
     during emptying for plant use.       potential for releases of zinc.   
    Zinc containers, rubber products,    Cover the dumpsters, use linked    
     rags contaminated with zinc          dumpsters which do not leak or    
     stearate discarded in outdoor        move dumpster inside.             
     dumpsters.                                                             
    Malfunctioning baghouses for dust    Repair or replace the baghouse,    
     collection.                          regular maintenance.              
    Grinding operations from which zinc  Use dust collection system or      
     dust may be released.                reduce the amount of dust         
                                          generated.                        
    Drips of zinc stearate during        Spill prevention/response, use of  
     coating operations.                  alternate compounds.              
    ------------------------------------------------------------------------
    
    4. Special Conditions
        There are no additional requirements under this section other than 
    those stated in Part III. of the permit.
    5. Storm Water Pollution Prevention Plan Requirements
        EPA believes that pollution prevention is the most effective 
    approach for controlling contaminated storm water discharges from 
    rubber, miscellaneous plastic products, and miscellaneous manufacturing 
    industries. The requirements included in the pollution prevention plans 
    provide a flexible framework for the development and implementation of 
    site-specific controls to minimize the pollutants in storm water 
    discharges. This flexibility is necessary because each facility is 
    unique in that the source, type, and volume of contaminated storm water 
    discharge will vary from site to site.
        Under today's permit, all facilities must prepare and implement a 
    storm water pollution prevention plan. The pollution prevention plan 
    requirement reflects EPA's decision to allow operators of rubber, 
    miscellaneous plastic products, and miscellaneous manufacturing 
    industries to utilize BMPs as the BAT/BCT level of control for the 
    storm water discharges covered by this section.
        There are two major objectives to a pollution prevention plan: (1) 
    To identify sources of pollution potentially affecting the quality of 
    storm water discharges associated with industrial activity from a 
    facility; and (2) to describe and ensure implementation of practices to 
    minimize and control pollutants in storm water discharges associated 
    with industrial activity from a facility.
        Section 313 of EPCRA requires operators of manufacturing facilities 
    that handle toxic chemicals in amounts exceeding threshold levels 
    (listed at 40 CFR 372.25) to report to EPA on an annual basis. Because 
    these types of facilities handle large amounts of toxic chemicals, EPA 
    concluded that they have the increased potential to degrade the water 
    quality of receiving streams. Consistent with Part VII.B. of this 
    permit, Section 313 reporting facilities must fulfill specific 
    requirements.
        Except for the special controls discussed below for rubber products 
    manufacturers, there are no additional Pollution Prevention Plan 
    requirements other than those stated in Part IV of this permit.
        a. Special Measures and Controls for Rubber Manufacturing 
    Facilities. For rubber manufacturers, this section also requires 
    permittees to develop specific BMPs to control discharges of zinc in 
    storm water runoff. The principal sources of zinc in storm water runoff 
    at these facilities were identified above in Section 3. EPA believes 
    that sources of 
    
    [[Page 51039]]
    zinc merit special attention at rubber products manufacturing 
    facilities due to its prevalence at such facilities and its toxicity in 
    aquatic systems. This section requires that rubber products 
    manufacturers review the possible sources of zinc listed below at their 
    facilities and include as appropriate the accompanying BMPs in their 
    storm water pollution prevention plans:
        (1) Inadequate Housekeeping. Permittees are required to review the 
    handling and storage of zinc bags at their facilities. The following 
    BMPs must be considered in developing the storm water pollution 
    prevention plan: employee training regarding the handling and emptying 
    of zinc bags, indoor storage of zinc bags, thorough cleanup of zinc 
    spills without washing the zinc into a storm drain. Facilities must 
    also consider the use of 2,500 pound sacks (from which spills are less 
    likely) rather than 50 to 100 pound sacks.
        (2) Zinc in Dumpsters. The following BMPs must be considered to 
    reduce this potential source of zinc: provide a cover for the dumpster 
    or move the dumpster inside; provide a lining for the dumpster.
        (3) Malfunctioning Dust Collectors or Baghouses. Permittees must 
    review dust collectors and baghouses as possible sources of zinc. 
    Improperly operating dust collectors or baghouses must be replaced or 
    repaired as appropriate; the plan must also provide for regular 
    maintenance of these facilities.
        (4) Grinding Operations. Permittees must review dust generation 
    from rubber grinding operations at their facility and as appropriate, 
    install a dust collection system.
        (5) Zinc Stearate Coating Operations. The plan must include 
    measures to prevent and/or clean up drips or spills of zinc stearate 
    slurry which may be released to a storm drain. Alternate compounds to 
    zinc stearate must also be considered.
    6. Numeric Effluent Limitations
        There are no additional numeric effluent limitations beyond those 
    described in Part V.B of today's permit.
    7. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. EPA believes that rubber 
    product manufacturing facilities may reduce the level of pollutants in 
    storm water runoff from their sites through the development and proper 
    implementation of the storm water pollution prevention plan 
    requirements discussed in today's permit. Under the revised methodology 
    for determining pollutants of concern for the various industrial 
    sectors, the rubber product manufacturing subsector must monitor its 
    storm water discharges. The monitoring requirements are presented in 
    Table Y-6. The pollutant listed in Table Y-6 was found to be above the 
    benchmark level. Because this pollutant has been reported at benchmark 
    levels from rubber product manufacturing facilities, EPA is requiring 
    monitoring after the pollution prevention plan has been implemented to 
    assess the effectiveness of the pollution prevention plan and to help 
    ensure that a reduction of pollutants is realized.
        At a minimum, storm water discharges from rubber product 
    manufacturing facilities must be monitored quarterly during the second 
    year of permit coverage. Samples must be collected at least once in 
    each of the following periods: January through March; April through 
    June; July through September; and October through December. At the end 
    of the second year of permit coverage, a facility must calculate the 
    average concentration for each parameter listed in Table Y-6. If the 
    permittee collects more than four samples in this period, then it must 
    calculate an average concentration for each pollutant of concern for 
    all samples analyzed.
    
                                    Table Y-6                               
    ------------------------------------------------------------------------
                                                                 Cut-off    
                     Pollutants of concern                    concentration 
    ------------------------------------------------------------------------
    Total Recoverable Zinc................................  0.065 mg/L      
    ------------------------------------------------------------------------
    
        If the average concentration for a parameter is less than or equal 
    to the cut-off concentration, then the permittee is not required to 
    conduct quantitative analysis for that parameter during the fourth year 
    of the permit. If, however, the average concentration for a parameter 
    is greater than the cut-off concentration, then the permittee is 
    required to conduct quarterly monitoring for that parameter during the 
    fourth year of permit coverage. Monitoring is not required during the 
    first, third, and fifth year of the permit. The exclusion from 
    monitoring in the fourth year of the permit is conditional on the 
    facility maintaining industrial operations and BMPs that will ensure a 
    quality of storm water discharges consistent with the average 
    concentrations recorded during the second year of the permit. The 
    schedule for monitoring is presented in Table Y-7.
    
                                           Table Y-7.--Schedule of Monitoring                                       
                                                                                                                    
                                                                                                                    
    2nd Year of Permit Coverage..........................   Conduct quarterly monitoring.                   
                                                            Calculate the average concentration for all     
                                                            parameters analyzed during this period.                 
                                                            If average concentration is greater than the    
                                                            value listed in Table Y-6, then quarterly sampling is   
                                                            required during the fourth year of the permit.          
                                                            If average concentration is less than or equal  
                                                            to the value listed in Table Y-6, then no further       
                                                            sampling is required for that parameter.                
    4th Year of Permit Coverage..........................   Conduct quarterly monitoring for any parameter  
                                                            where the average concentration in year 2 of the permit 
                                                            is greater than the value listed in Table Y-6.          
                                                            If industrial activities or the pollution       
                                                            prevention plan have been altered such that storm water 
                                                            discharges may be adversely affected, quarterly         
                                                            monitoring is required for all parameters of concern.   
    
        In cases where the average concentration of a parameter exceeds the 
    cut-off concentration, EPA expects permittees to place special emphasis 
    on methods for reducing the presence of those parameters in storm water 
    discharges. Quarterly monitoring in the fourth year of the permit will 
    be used to reassess the effectiveness of the adjusted pollution 
    prevention plan.
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly chemical sampling.
        b. Alternative Certification. Throughout today's permit, EPA has 
    included monitoring requirements for facilities which the Agency 
    believes have the potential for contributing significant levels of 
    pollutants to storm 
    
    [[Page 51040]]
    water discharges. The alternative certification described below is 
    necessary to ensure that monitoring requirements are only imposed on 
    those facilities that do, in fact, have storm water discharges 
    containing pollutants at concentrations of concern. EPA has determined 
    that if materials and activities are not exposed to storm water at the 
    site, then the potential for pollutants to contaminate storm water 
    discharges does not warrant monitoring.
        Therefore, a discharger is not subject to the monitoring 
    requirements of this Part, provided the discharger makes a 
    certification for a given outfall or on a pollutant-by-pollutant basis, 
    in lieu of monitoring described in Table Y-6, under penalty of law, 
    signed in accordance with Part VII.G. (Signatory Requirements), that 
    material handling equipment or activities, raw materials, intermediate 
    products, final products, waste materials, by-products, industrial 
    machinery or operations, significant materials from past industrial 
    activity, and that are located in areas of the facility that are within 
    the drainage area of the outfall are not presently exposed to storm 
    water and will not be exposed to storm water for the certification 
    period. Such certification must be retained in the storm water 
    pollution prevention plan and submitted to EPA in lieu of monitoring 
    reports required under paragraph (c.) below. The permittee is required 
    to complete any and all sampling until the exposure is eliminated. If 
    the facility is reporting for a partial year, the permittee must 
    specify the date exposure was eliminated. If the permittee is 
    certifying that a pollutant was present for part of the reporting 
    period, nothing relieves the permittee from the responsibility to 
    sample that parameter up until the exposure was eliminated and it was 
    determined that no significant materials remained. This certification 
    option is not applicable to compliance monitoring requirements 
    associated with effluent limitations. EPA does not expect facilities to 
    be able to exercise this certification for indicator parameters, such 
    as TSS and BOD.
        c. Reporting Requirements. Permittees are required to submit all 
    monitoring results obtained during the second and fourth year of permit 
    coverage within 3 months of the conclusion of each year. For each 
    outfall, one signed Discharge Monitoring Report Form must be submitted 
    to the Director per storm event sampled. For facilities conducting 
    monitoring beyond the minimum requirements, an additional signed 
    Discharge Monitoring Report Form must be filed for each analysis. The 
    permittee must include a measurement or estimate of the total 
    precipitation, volume of runoff, and peak flow rate of runoff for each 
    storm event sampled.
        d. Sample Type. All discharge data shall be reported for grab 
    samples. All such samples shall be collected from the discharge 
    resulting from a storm event that is greater than 0.1 inches in 
    magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. The required 
    72-hour storm event interval is waived where the preceding measurable 
    storm event did not result in a measurable discharge from the facility. 
    The required 72-hour storm event interval may also be waived where the 
    permittee documents that less than a 72-hour interval is representative 
    for local storm events during the season when sampling is being 
    conducted. The grab sample shall be taken during the first 30 minutes 
    of the discharge. If the collection of a grab sample during the first 
    30 minutes is impracticable, a grab sample can be taken during the 
    first hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable.
        If storm water discharges associated with industrial activity 
    commingle with process or nonprocess water, then where practicable, 
    permittees must attempt to sample the storm water discharge before it 
    mixes with the non-storm water discharge.
        e. Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluent. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        f. Quarterly Visual Examination of Storm Water Quality. Rubber, 
    miscellaneous plastic products, and miscellaneous manufacturing 
    facilities shall perform and document a visual examination of a storm 
    water discharge associated with industrial activity from each outfall, 
    except discharges exempted under paragraph (3) below. The 
    examination(s) must be made at least once in each of the following 3-
    month periods: January through March, April through June, July through 
    September, and October through December. The examination shall be made 
    during daylight hours unless there is insufficient rainfall or snow 
    melt to produce a runoff event.
        (1) Examinations shall be made of grab samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    1 hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well-lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual should carry out the collection and 
    examination of discharges for entire permit term.
        (2) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (3) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfall(s) provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially 
    
    [[Page 51041]]
    identical effluents. In addition, for each outfall that the permittee 
    believes is representative, an estimate of the size of the drainage 
    area (in square feet) and an estimate of the runoff coefficient of the 
    drainage area [e.g., low (under 40 percent), medium (40 to 65 percent), 
    or high (above 65 percent)] shall be provided in the plan.
        (4) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examinations. Adverse weather conditions that may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (5) EPA realizes that if a facility is inactive and unstaffed it 
    may be difficult to collect storm water discharge samples when a 
    qualifying event occurs. Today's final permit has been revised so that 
    inactive, unstaffed facilities can exercise a waiver of the requirement 
    to conduct quarterly visual examination.
        EPA believes that this quick and simple assessment will help the 
    permittee to determine the effectiveness of his/her plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the chemical properties of the storm water discharged from the 
    site, the examination will provide meaningful results upon which the 
    facility may act quickly. The frequency of this visual examination will 
    also allow for timely adjustments to be made to the plan. If BMPs are 
    performing ineffectively, corrective action must be implemented. A set 
    of tracking or follow-up procedures must be used to ensure that 
    appropriate actions are taken in response to the examinations. The 
    visual examination is intended to be performed by members of the 
    pollution prevention team. This hands-on examination will enhance the 
    staff's understanding of the storm water problems on that site and the 
    effects of the management practices that are included in the plan.
    
    Z. Storm Water Discharges Associated With Industrial Activity From 
    Leather Tanning and Finishing Facilities
    
    1. Discharges Covered Under This Section
        Storm water discharges covered by this section include all 
    discharges from leather tanning (commonly identified by Standard 
    Industrial Classification (SIC) code 3111) and facilities which make 
    fertilizer solely from leather scraps and leather dust where 
    precipitation and storm water runon come into contact with significant 
    materials including, but not limited to, raw materials, waste products, 
    by-products, stored materials, and fuels. This includes storm water 
    discharges from access roads, and rail lines used or traveled by 
    carriers of raw materials, manufactured products, waste materials, or 
    by-products created by the facility. This section does not cover any 
    discharge subject to process wastewater effluent limitation guidelines, 
    including storm water that combines with process wastewater.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        a. Industry Profile. The storm water permit application regulations 
    define storm water discharge associated with industrial activity at 40 
    Code of Federal Regulations (CFR) 122.26(b)(14). Category (ii) of this 
    definition includes facilities identified by SIC code 3111, 
    establishments primarily engaged in tanning, currying, and finishing 
    hides and skins into leather. Most tanneries are small family 
    operations, although several are divisions of larger corporations. The 
    leather tanning and finishing industry currently includes approximately 
    one hundred fifty facilities. There are effluent limitations guidelines 
    for the leather tanning industry based on 9 subcategories, as described 
    in the ``Development Document for Effluent Limitations Guidelines and 
    Standards for Leather Tanning and Finishing Point Source Category.'' 
    (The subcategories were based on distinct combinations of raw materials 
    and leather processing operations.)
        Leather tanning or finishing is the conversion of animal hides or 
    skins into leather. Leather is made from the inner layer of the animal 
    skin, which consists primarily of the protein collagen. Tanning is the 
    reaction of the collagen fibers with tannins, chromium, alum or other 
    tanning agents. Tanning processes use chromium III, sulfuric acid and 
    detergents and a variety of raw and intermediate materials.
        There are three major processes required to make finished leather. 
    These are beamhouse operations, tanyard processes and retanning and 
    finishing processes. In general, most tanneries perform the entire 
    tanning process, from beamhouse to wet finishing operations. A smaller 
    number perform only beamhouse and tanyard operations and sell their 
    unfinished product (wet ``blue'' stock) to other tanneries. These 
    processes are described below:
        Beamhouse Operations--These consist of four activities: side and 
    trim; soak and wash; fleshing and unhairing. Side and trim is the 
    cutting of the hide into two sides and trimming of areas which do not 
    produce good leather. In soak and wash processes, the hides are soaked 
    in water to restore moisture lost during curing. Washing removes dirt, 
    salt, blood, manure, and nonfibrous proteins. Fleshing is a mechanical 
    operation which removes excess flesh. The removed matter is normally 
    recovered and sold for conversion to glue. Unhairing involves using 
    calcium hydroxide, sodium sulfhydrate, and sodium sulfide to destroy 
    the hair (hair pulp process) or remove hair roots. A mechanical 
    unhairing machine can also be used to remove hair loosened by chemicals 
    (hair save process). Beamhouse processes can account for approximately 
    60 percent of the pollutant load (except trivalent chromium) from a 
    complete tannery. Pollutants that may be produced are proteinaceous 
    organic and inorganic pollutants characterized by a high pH (10-12) and 
    substantial amounts of Biochemical Oxygen Demand (BOD), Chemical Oxygen 
    Demand (COD), Total Suspended Solids (TSS), Total Kjeldahl Nitrogen 
    (TKN), and sulfides.
        Tanyard Processes--These consist of bating, pickling, tanning, 
    wringing, splitting, and shaving. Bating involves the addition of salts 
    of ammonium sulfate or ammonium chloride used to convert the residual 
    alkaline chemicals present from the unhairing process into soluble 
    compounds which can be 
    
    [[Page 51042]]
    washed from the hides or skins. ``Pickling'' the hide with sulfuric 
    acid provides the acid environment necessary for chromium tanning. In 
    the tanning process, tanning agents such as trivalent chromium and 
    vegetable tannins convert the hide into a stable product which resists 
    decomposition. Wringing of the ``blue hides'' (hides tanned with 
    trivalent chromium) removes excess moisture with a machine similar to a 
    clothes wringer. Splitting adjusts the thickness of the tanned hide to 
    the requirements of the finished product and produces a ``split'' from 
    the flesh side of the hide. The hide is then shaved to remove any 
    remaining fleshy matter. Wastewater from tanyard operations contain 
    inorganic chemical salts, small amounts of proteinaceous hair and 
    waste, and large amounts of ammonia from the bating process. Pickling 
    generates a highly acidic waste (pH of 2.5-3.5) which contains salt. 
    Spent chromium liquors contain high concentrations of trivalent 
    chromium in acid solution with low concentrations of BOD and TSS. 
    Vegetable tanning vat discharges are highly colored, and contain 
    significant amounts of BOD, COD, and dissolved solids.
        Retanning and Wet Finishing Processes--These include retanning, 
    bleaching, coloring, fatliquoring, and finishing. The most common 
    retanning agents are chromium, vegetable extracts and syntans (based 
    upon naphthalene and phenol). Sodium bicarbonate and sulfuric acid are 
    sometimes used to bleach leather. Coloring involves the use of dyes 
    (usually aniline based) on the tanned skin. Animal or vegetable 
    fatliquors are added to replace the natural oils lost in the beamhouse 
    and tanyard processes. Finishing includes all operations performed on 
    the hide after fatliquoring, and includes finishing to enhance color 
    and resistance to stains and abrasions, smoothing and stretching of the 
    skin, drying, conditioning, staking, dry milling, buffing and plating. 
    These processes generate wastes with additional quantities of trivalent 
    chromium, tannins, sulfonated oils, and spent dyes, which are low in 
    BOD and TSS, and high in COD.
        Table Z-1 lists potential storm water pollutant source activities 
    that may take place at leather tanning facilities.
    
      Table Z-1.--Pollutants Potentially Found in Storm Water Discharges at 
                           Leather Tanning Facilities                       
    ------------------------------------------------------------------------
            Activity             Pollutant source            Pollutant      
    ------------------------------------------------------------------------
    Outdoor storage of       Fresh & brine cured      Salt, organic         
     fresh and brine cured    hides.                   materials (manure),  
     hides.                                            biochemical oxygen   
                                                       demand.              
    Beamhouse Processes      Chemical storage (drums  Depilatory chemicals. 
     (trimming, soak &        or bags).                                     
     wash, fleshing,                                                        
     unhairing).                                                            
                             Empty containers of      Calcium hydroxide,    
                              lime, depilatory         sodium sulfhydrate,  
                              chemicals.               or sodium sulfide.   
                             Trim scraps, hair......  BOD, COD, TSS.        
    Tanyards (bating,        Empty chemical           Trivalent chromium,   
     pickling, tanning,       containers.              vegetable tannins,   
     wringing, splitting,                              enzymes, pickling    
     shaving).                                         acids (sulfuric      
                                                       acid), alum, syntans,
                                                       chemical deliming    
                                                       agents,              
                                                       glutaraldehyde, heavy
                                                       oils.                
                             ``Blue'' hides, splits,  Trivalent chromium,   
                              trimmings, shavings.     leather fiber and    
                                                       dust, suspended      
                                                       solids.              
    Retan and Wet Finishing  Empty chemical           Chromium tanning      
     (retanning, bleaching    containers.              agents, vegetable    
     & coloring,                                       extract, dyes,       
     fatliquoring, buffing).                           pigments, animal or  
                                                       vegetable based oils,
                                                       synthetic oils made  
                                                       from modified mineral
                                                       based oils.          
                             Leather dust containing  Leather fiber,        
                              chromium..               trivalent chromium,  
                                                       suspended solids.    
    Dry finishing            Emissions from spray     Pigments, solvents-   
     (Application of          booths and spent         acetone, pylene,     
     pigment to leather       solvents.                glycol ether.        
     surface with water-                                                    
     based or solvent based                                                 
     finishes).                                                             
    Receiving and unloading  Hides..................  Trivalent chromium,   
     areas.                                            salt.                
                             Chemical supplies......  Depilatory chemicals, 
                                                       trivalent chromium,  
                                                       vegetable tannins,   
                                                       enzymes, pickling    
                                                       acids (sulfuric      
                                                       acid), alum, syntans,
                                                       chemical deliming    
                                                       agents,              
                                                       glutaraldehyde, heavy
                                                       oils, dyes, pigments,
                                                       animal or vegetable  
                                                       based oils, synthetic
                                                       oils, solvents and   
                                                       biocides.            
                             Leaking trucks.........  Oil & grease and waste
                                                       materials.           
                             Accidental spills......  Chemicals listed for  
                                                       supplies above.      
    Improper Connections to  Floor drains-process     Dependent on          
     Storm Sewer.             wastewater, cleaning     operations.          
                              and washdown of                               
                              process equipment and                         
                              process areas.                                
    Outdoor Bulk Chemical    Above ground tanks.....  Sulfuric acid, ferric 
     Storage.                                          chloride, finishing  
                                                       solvents (mineral    
                                                       spirits), hydrated   
                                                       lime, surfactant.    
    Outdoor Storage of coal  Coal piles.............  Oil & grease, TSS,    
                                                       copper, nickel, zinc.
    Waste Management.......  Hoppers................  Leather dust, scraps. 
                             Dumpsters..............  Empty bags & chemical 
                                                       containers.          
                             Sludge (wastewater       Lime, pieces of       
                              treatment sludge         leather, hair,       
                              stored in containers     protein-like         
                              to diminish storm        substances, floor    
                              water contact,           sweepings, trivalent 
                              awaiting offsite         chromium, biochemical
                              disposal).               oxygen demand.       
    ------------------------------------------------------------------------
    Sources: NPDES Storm Water Group Applications--Part 1. Received by EPA  
      May 22, 1991--February 18, 1992.                                      
    EPA, Office of Water. November 1982. ``Development Document for Effluent
      Limitations Guidelines and Standards for the Leather Tanning and      
      Finishing Point Source Category.'' EPA/440/1-82/016.                  
    EPA, Office of Water Regulations and Standards and Office of Water      
      Enforcement and Permits. September 1986. ``Guidance Manual for Leather
      Tanning and Finishing Pretreatment Standards.''                       
    EPA, Office of Solid Waste Management Programs, SCS Engineers, Reston,  
      VA. 1976. ``Assessment of Industrial Hazardous Waste Practices.       
      Leather Tanning and Finishing Industry.'' EPA-68-01-3261.             
    
    
    [[Page 51043]]
    
    2. Pollutants Found in Storm Water Discharges From Leather Tanning 
    Operations
        The impacts caused by storm water discharges from leather tanning 
    facilities will depend on the geographic location of the facility, the 
    types of industrial activities occurring onsite (e.g., beamhouse, 
    tanyard, retan and wet finishing, dry finishing); the types of 
    significant materials exposed to storm water (e.g., trivalent chromium 
    tanned leather shavings, chemical containers etc.), the size of the 
    operation; and the type, duration, and intensity of precipitation 
    events. Other factors such as air emissions (i.e., settled dust), 
    materials storage, spills, improperly dumped materials, and illicit 
    conditions may also impact receiving waters. (Illicit connections are 
    contributions of unpermitted non-storm water discharges to storm 
    sewers.)
        Part 1 group application information indicates that the industrial 
    activities occurring at leather tanning facilities include leather 
    tanning plant yards; unhairing (76.9 percent of samplers); chromium 
    tanning (69.2 percent of samplers); splitting and shaving (76.9 
    percent) retanning (69.2 percent); wet hide finishing-buffing (76.9 
    percent); dry finishing; vegetable tanning (30.8 percent); immediate 
    access roads and rail lines used or traveled by carriers of raw 
    materials (38.5 percent of samplers), manufactured products, waste 
    management (36.8 percent); material handling sites (23.1 percent); 
    refuse sites; sites used for the application or disposal of process 
    wastewaters (as defined at 40 CFR Part 401) sites used for residual 
    treatment, storage or disposal (waste water treatment (30.8 percent)); 
    shipping and receiving areas (69.2 percent of samplers); finished 
    materials; and areas where industrial activity has taken place in the 
    past and significant materials remain and are exposed to storm water. 
    (40 CFR 122.26(b)(14)).
        Significant materials include raw materials, brine or salt cured 
    hides and skins (7.7 percent), fuels (15.4 percent), materials such as 
    solvents, detergents, finished materials; hazardous substances 
    designated under Section 101(14) of the Comprehensive Environmental 
    Response, Compensation, and Liability Act (CERCLA), any chemical 
    required to be reported pursuant to Section 313 of Title III of the 
    Superfund Amendments and Reauthorization Act; fertilizers; pesticides; 
    and waste products such as sludge (7.7 percent) that have the potential 
    to be released with storm water discharge. (40 CFR 122.26(b)(12)). 
    Other significant materials found at leather tanning facilities include 
    leather shavings and dust (46.2 percent), leather scrap (30.8 percent), 
    blue hides and splits (46.2 percent), empty chemical containers, spent 
    solvents, emissions from spray booths, and wastes in dumpsters. 
    Significant materials produced from various industrial activities 
    occurring at leather tanning facilities are summarized in Table Z-1.
        Based on the similarities of the facilities included in this sector 
    in terms of industrial activities and significant materials, EPA 
    believes it is appropriate to discuss the potential pollutants at 
    leather tanning and finishing facilities as a whole and not subdivide 
    this sector. Therefore, Table Z-2 lists data for selected parameters 
    from facilities in the leather tanning and finishing sector. These data 
    include the eight pollutants that all facilities were required to 
    monitor for under Form 2F.
    
                              Table Z-2.--Statistics for Selected Pollutants Reported by Leather Tanning and Finishing Facilities Submitting Part II Sampling Datai (mg/L)                          
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                               No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile     99th percentile 
                                             facilities    -----------------------------------------------------------------------------------------------------------------------------------------
            Pollutant Sample type        ------------------                                                                                                                                         
                                            Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5................................       12       12       31       31     33.1      22.3       0.0       0.0     320.0      92.0      11.0      10.0     105.8      78.05    217.9     145.3 
    COD.................................       12       12       31       31    205.5      91.94      0.0       0.0    2100.0     460.0      82.0      50.0     597.0     296.0    1247.4     577.2 
    Nitrate + Nitrite Nitrogen..........       12       12       31       31      1.86      1.88      0.06      0.30     11.00      9.60      1.20      0.90      6.12      5.01     11.97      9.01
    Total Kjeldahl Nitrogen.............       12       12       31       31      7.70      6.22      0.70      0.90     46.00     38.0       4.30      3.50     26.49     19.7      55.80     39.18
    Oil & Grease........................       12      N/A       31      N/A     13.9     N/A         0.0     N/A       130.0     N/A         0.0     N/A        56.4     N/A       124.5     N/A   
    pH..................................       12      N/A       31      N/A    N/A       N/A         4.6     N/A         9.0     N/A         7.4     N/A         8.9     N/A         9.8     N/A   
    Total Phosphorus....................       12       12       31       31      0.36      0.83      0.00      0.03      3.00     18.0       0.16      0.18      1.11      1.51      2.34      3.66
    Total Suspended Solids..............       12       12       31       31    310       115         0         0      4000       670        49        86      1302       520      4071     1209    
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
        Table Z-3 lists the potential pollutant sources for common 
    pollutants found at leather tanning and finishing facilities.
    
                 Table Z-3.--List of Potential Pollutant Sources            
    ------------------------------------------------------------------------
               Parameter                        Pollutant sources           
    ------------------------------------------------------------------------
    Oil and Grease................  Degreasing processes, oils used in      
                                     leather processing (fatliquoring).     
    COD...........................  Complex organic and inorganic process   
                                     chemicals, dyes, vegetable tannins,    
                                     extraneous hide substances.            
    BOD5..........................  Carbonaceous organic materials such as  
                                     dissolved or pulped hair and other     
                                     extraneous hide substances, nitrites,  
                                     ammonia from residual bating chemicals 
                                     and from hydrolytic deamination of     
                                     proteinaceous hair and hide substances.
    pH............................  Acidic or alkaline materials.           
    TSS...........................  Leather dust, scraps, hair.             
    Total phosphorus..............  Detergents.                             
    Nitrate nitrite nitrogen......  Spent bating liquors and breakdown of   
                                     organic proteins (dissolved hair and   
                                     dermal matter).                        
    Total Kjeldahl nitrogen.......  Dissolved or pulped proteinaceous hair. 
    Chromium......................  Blue hides, leather scraps and dust,    
                                     waste materials such as empty          
                                     containers, sludge.                    
    ------------------------------------------------------------------------
    
    3. Options for Controlling Pollutants
        The measures implemented to reduce pollutants in storm water 
    associated with leather tanning operations are generally uncomplicated 
    practices. The following table identifies Best Management Practices 
    (BMPs) associated with different activities that take place at leather 
    tanning facilities. The most effective BMPs will be selected on the 
    basis of site-specific considerations (e.g., facility size, industrial 
    processes performed geographic location, significant materials, volume 
    and type of discharge 
    
    [[Page 51044]]
    generated). Because of the industrial processes involved in leather 
    tanning, BMPs that concentrate on source reduction, recycling and 
    containment/diversion will be the most helpful for reducing pollution 
    in storm water runoff.
        Source reduction BMPs include good housekeeping, materials 
    management practices, preventive maintenance, spill prevention and 
    response activities and employee training. Activities associated with 
    good housekeeping include:
        Operation and Maintenance--Keep floors clean and dry, regularly 
    pick up garbage and waste materials, make sure equipment is working 
    properly, routinely inspect for leaks or conditions that could lead to 
    discharges of chemicals or contact of storm water with raw materials, 
    intermediate materials, waste materials etc., reduce chemical spills 
    resulting from carelessness and prepare program to control spills and 
    carry out cleanups. Ensure that spill cleanup procedures are understood 
    by employees. Eliminate unnecessary uses of water such as leaving hoses 
    running.
        Materials Storage and Maintenance--Store containers away from 
    direct traffic routes to prevent accidental spills, stack containers 
    according to manufacturers instructions to avoid damaging containers, 
    store containers on pallets to prevent corrosion of containers, assign 
    responsibility of hazardous material inventories to a limited number of 
    people who are trained to handle hazardous materials.
        Material Inventory Procedures--Identify all chemical substances 
    present in the work place, label all containers, clearly mark on the 
    inventory hazardous materials that require special handling, storage or 
    use.
        Preventive Maintenance--Identify equipment, systems and facility 
    areas that should be inspected, schedule periodic inspections of the 
    equipment and systems, timely adjustments, repair, or replacement of 
    equipment and systems. Maintain complete records on inspections, 
    equipment, and systems. Install automatic monitoring devices to detect 
    abnormal discharge of gases and hazardous substances.
        Containment/diversion BMPs involve segregating areas of concern by 
    covering or berming the activity and controlling dust. Diversion dikes, 
    curbs and berms are temporary or permanent diversion structures that 
    prevent runoff from passing beyond a certain point, and divert runoff 
    away from its intended path. Dikes, curbs and berms are already in use 
    at some leather tanning facilities.
        Part 1 group application data indicate that BMPs have not been 
    widely implemented at the representative sampling facilities. The most 
    commonly listed material management practice is roofing and covers. 
    Table Z-4 lists BMPs associated with different activities that take 
    place at leather tanning facilities.
    
                  Table Z-4.--List of Best Management Practices             
    ------------------------------------------------------------------------
             Activity                    Best management practices          
    ------------------------------------------------------------------------
    Temporary Outdoor Storage  Store hides indoors if possible.             
     of fresh or brine cured   Cover the hides with a roof or temporary     
     hides.                     covering (e.g., polyethylene, tarpaulin     
                                etc.).                                      
                               Minimize storm water runon by enclosing the  
                                area or building a berm around the area.    
                               Inspect area regularly for proper            
                                implementation of good housekeeping and     
                                control measures.                           
    Beamhouse Operations.....  Store chemical drums & bags and empty lime & 
                                depilatory chemical containers indoors if   
                                possible, preventive maintenance.           
                               Cover chemical drums & bags, empty lime &    
                                depilatory chemical containers and leather  
                                scraps with roof or temporary covering      
                                (e.g., tarpaulins, polyethylene) and store  
                                on elevated impermeable surface.            
                               Curbing, containment dikes around chemical   
                                storage, empty lime & depilatory chemical   
                                containers and leather scrap storage area.  
                               Inspect area regularly for leaking drums,    
                                broken bags, proper implementation of good  
                                housekeeping and control measures, (broken  
                                cracked dikes), material inventory, material
                                storage and operation & maintenance.        
                               Clean up leaks & spills quickly & completely,
                                use drip pans for leaking equipment.        
                               Good Housekeeping--all paved areas should be 
                                swept regularly, eliminate unnecessary      
                                flushing with water and label chemical drums
                                and containers.                             
                               Employee training on good housekeeping,      
                                proper handling of chemicals.               
    Tanyards.................  BMPs for Tanyards (empty chemical containers 
                                and hides, leather dust, shavings) are the  
                                same as those listed above for Beamhouse    
                                Activities.                                 
    Retan and wet finish.....  Dust reduction through frequent inspection of
                                vacuum, collector (bag & cyclone), and      
                                filter systems.                             
                               Dust reduction through enclosure and         
                                covering.                                   
                               Preventive maintenance/inspection of dust    
                                collection systems.                         
                               Good Housekeeping-regular sweeping of paved  
                                areas, eliminate unnecessary flushing with  
                                water and label chemical drums and          
                                containers.                                 
                               Employee training on good housekeeping,      
                                proper handling of chemicals.               
    Dry Finish...............  Preventive maintenance, inspection of spray  
                                booths.                                     
                               Employee training on proper disposal of spent
                                solvents.                                   
    Receiving and shipping...  Cover shipping & receiving area.             
                               Cover trucks.                                
                               Vehicle positioning--locating trucks while   
                                transferring materials to prevent spills    
                                onto the ground surface.                    
                               Grade berm or curb area to prevent storm     
                                water runon contamination, divert rain      
                                gutters away from loading area.             
                               Clean spills immediately.                    
                               Inspect trucks for leaks.                    
                               Employee training in spill prevention.       
    Liquid Storage in Above    Clearly tag valves to avoid human error.     
     Ground Tanks.                                                          
                               Install overflow protection devices on tank  
                                systems to warn operator or to automatically
                                shut down transfer pumps when tanks reach   
                                full capacity.                              
                               Secondary containment around tanks.          
    
    [[Page 51045]]
                                                                            
                               Employee training.                           
                               Inspection of tank foundations, connections, 
                                coatings, valves and piping systems.        
                               Comply with existing spill prevention,       
                                cleanup and countermeasure plans (SPCC plan)
                                and State and Federal laws.                 
                               Integrity testing by qualified professional. 
    Improper connections to    Plug all floor drains connected to sanitary  
     storm sewers.              or storm sewer.                             
                               Perform smoke or dye testing to determine if 
                                interconnections exist between sanitary     
                                water system and storm sewer system.        
                               Update facility schematics to accurately     
                                reflect all plumbing connections.           
                               Install a safeguard against washwaters from  
                                processing areas entering the storm sewer   
                                unless permitted.                           
                               Train employees on proper disposal practices 
                                for all materials.                          
    Waste Management.........  Conduct waste reduction assessment--develop  
                                guidelines for the elimination of waste     
                                generation emissions.                       
                               Institute industrial waste source reduction  
                                and recycling BMPs.                         
                               Move waste management activities indoors     
                                (after safety concerns are addressed) and   
                                cover waste piles, dumpsters, hoppers, place
                                on impermeable elevated surfaces.           
                               Prevent storm water runon by curbing,        
                                building berms.                             
                               Cover trucks & inspect for leaking wastes.   
                               Inspection of waste management areas for     
                                leaking containers, spills, damaged         
                                containers, uncovered waste piles,          
                                dumpsters, hoppers.                         
                               Inspection of roof areas & outside equipment.
                               Develop and maintain proper erosion control  
                                or site stabilization measures.             
                               Train employees on proper disposal practices 
                                for all materials.                          
    ------------------------------------------------------------------------
    Sources: NPDES Storm Water Group Applications--Part 1.                  
    EPA, Office of Water. September 1992. ``Storm Water Management for      
      Industrial Activities--Developing Pollution Prevention Plans and Best 
      Management Practices.'' EPA 832-R-92-006.                             
    EPA, Office of Research and Development. January 1993. ``Investigation  
      of Inappropriate Pollutant Entries into Storm Drainage Systems. A     
      User's Guide.'' EPA/600/R-92/238.                                     
    
    
    4. Special Conditions
        There are no additional requirements beyond those described in Part 
    VI.B. of this fact sheet.
    5. Storm Water Pollution Prevention Plan Requirements
        All facilities covered by this section must prepare and implement a 
    storm water pollution prevention plan. The establishment of a pollution 
    prevention plan requirement reflects EPA's decision to allow operators 
    of leather tanning facilities to select BMPs as the Best Available 
    Technology/Best Control Technology (BAT/BCT) level of control for the 
    storm water discharges covered by this section. The requirements 
    included in pollution prevention plans provide a flexible framework for 
    the development and implementation of site specific controls to 
    minimize pollutants in storm water discharges.
        EPA believes that pollution prevention is the most effective 
    approach for controlling contaminated storm water discharges from 
    leather tanning facilities. Pollution prevention plans allow the 
    operator of a facility to select BMPs based on site-specific 
    considerations such as facility size, climate, geographic location, the 
    environmental setting of the facility, and volume and type of discharge 
    generated. This flexibility is necessary because each facility will be 
    unique in that the source, type, and volume of contaminated surface 
    water discharges will differ from site to site.
        There are two major objectives to a pollution prevention plan (1) 
    to identify sources of pollution potentially affecting the quality of 
    storm water discharges associated with industrial activity from a 
    facility; and (2) to describe and ensure implementation of practices to 
    minimize and control pollutants in storm water discharges associated 
    with industrial activity from a facility. Specific requirements for a 
    pollution prevention plan for leather tanning facilities and facilities 
    which make fertilizer solely from leather scraps and dust are described 
    below.
        a. Contents of the Plan. Storm water pollution prevention plans are 
    intended to help leather tanners evaluate all potential pollution 
    sources at a site, and assist in the selection and implementation of 
    appropriate measures designed to prevent, or control the discharge of 
    pollutants in storm water runoff. EPA has developed guidance entitled 
    ``Storm Water Management for Industrial Activities: Developing 
    Pollution Prevention Plans and Best Management Practices,'' EPA, 1992 
    (EPA 832-R-92-006), to assist permittees in developing and implementing 
    pollution prevention measures.
        (1) Description of Potential Pollutant Sources. Each storm water 
    pollution prevention plan must describe activities, materials, and 
    physical features of the facility that may contribute to storm water 
    runoff or, during periods of dry weather result in dry weather flows. 
    This assessment of storm water pollution will support subsequent 
    efforts to identify and set priorities for necessary changes in 
    materials, materials management practices, or site features, as well as 
    aid in the selection of appropriate structural and nonstructural 
    control techniques. Plans must describe the following elements:
        (a) Drainage--The plan must contain a map of the site that shows 
    the pattern of storm water drainage, structural features that control 
    pollutants in storm water runoff and process wastewater discharges, 
    surface water bodies (including wetlands), places where significant 
    materials are exposed to rainfall and runoff, and locations of major 
    spills and leaks that occurred in the 3 years prior to the date of the 
    submission of a Notice of Intent (NOI) to be covered under this permit. 
    The map also must show areas where the following activities take place: 
    fueling, vehicle and equipment maintenance and/or cleaning, loading and 
    unloading, material storage (including tanks or other vessels used for 
    liquid or waste 
    
    [[Page 51046]]
    storage), material processing, and waste disposal, haul roads, access 
    roads, and rail spurs. In addition the site map must also identify the 
    location of all outfalls covered under this permit. The facility must 
    prepare an inventory of the types of discharges contained in each 
    outfall. This inventory may be kept as an attachment to the site map.
        (b) Inventory of Exposed Materials--Facility operators are required 
    to carefully conduct an inspection of the site and related records to 
    identify significant materials that are or may be exposed to storm 
    water. The inventory must address materials that within 3 years prior 
    to the date of the submission of a Notice of Intent (NOI) to be covered 
    under this permit have been handled, stored, processed, treated, or 
    disposed of in a manner to allow exposure to storm water. Findings of 
    the inventory must be documented in detail in the pollution prevention 
    plan. At a minimum, the plan must describe the method and location of 
    onsite storage or disposal; practices used to minimize contact of 
    materials with rainfall and runoff; existing structural and 
    nonstructural controls that reduce pollutants in storm water runoff; 
    existing structural controls that limit process wastewater discharges; 
    and any treatment the runoff receives before it is discharged to 
    surface waters or a separate storm sewer system. The description must 
    be updated whenever there is a significant change in the types or 
    amounts of materials, or material management practices, that may effect 
    the exposure of materials to storm water.
        (c) Significant Spills and Leaks--The plan must include a list of 
    any significant spills and leaks of toxic or hazardous pollutants that 
    occurred in the 3 years prior to the date of the submission of a Notice 
    of Intent (NOI) to be covered under this permit. Significant pills 
    include, but are not limited to, releases of oil or hazardous 
    substances in excess of quantities that are reportable under Section 
    311 of CWA (see 40 CFR 110.0 and 40 CFR 117.21) or Section 102 of 
    CERCLA (see 40 CFR 302.4). Significant spill may also include releases 
    of oil or hazardous substances that are not in excess of reporting 
    requirements and release of materials that are not classified as oil or 
    a hazardous substance. The list shall be updated as appropriate during 
    the term of the permit.
        (d) Sampling Data--Any existing data on the quality or quantity of 
    storm water discharges from the facility must described in the plan. 
    The description should include a discussion of the methods used to 
    collect and analyze the data. Sample collection points should be 
    identified in the plan and shown on the site map.
        (e) Risk Identification and Summary of Potential Pollutant 
    Sources--The description of potential pollution sources culminates in a 
    narrative assessment of the risk potential that sources of pollution 
    pose to storm water quality. This assessment should clearly point to 
    activities, materials, and physical features of the facility that have 
    a reasonable potential to contribute significant amounts of pollutants 
    to storm water. Any such activities, materials, or features must be 
    addressed by the measures and controls subsequently described in the 
    plan. In conducting the assessment, the operator of the facility must 
    consider the following activities: loading and unloading operations; 
    outdoor storage activities; outdoor processing activities; significant 
    dust or particulate generating processes; and onsite waste disposal 
    practices. The assessment must list any significant pollution sources 
    at the site and identify the pollutant parameter or parameters (i.e., 
    total suspended solids, biochemical oxygen demand, etc.) associated 
    with each source.
        (2) Measures and Controls. Under the description of measures and 
    controls in the storm water pollution prevention plan requirements, 
    this section proposes that all areas that may contribute pollutants to 
    storm water discharges shall be maintained in a clean, orderly manner. 
    This section also proposes that the following areas must be 
    specifically addressed:
        (a) Areas to be Addressed.
        (i) Storage Areas for Raw, Semiprocessed, or Finished Tannery By-
    products--Pallets and/or bales of raw, semiprocessed, or finished 
    tannery by-products (e.g., splits, trimmings, shavings, etc.) that are 
    stored where there is potential storm water contact, must be stored 
    indoors or protected by polyethylene wrapping, tarpaulins, roofed 
    storage area or other suitable means. Materials should be placed on an 
    impermeable surface, the area should be enclosed or bermed or other 
    equivalent measures should be employed to prevent runon or runoff of 
    storm water.
        (ii) Material Storage Areas--Label storage units of all materials 
    (e.g., specific chemicals, hazardous materials, spent solvents, waste 
    materials). Maintain such containers and units in good condition. 
    Describe measures that prevent or minimize contact with storm water. 
    The facility must consider indoor storage and/or installation of 
    berming and diking around the area to prevent runon or runoff of storm 
    water.
        (iii) Buffing/Shaving Areas--The plan must describe measures that 
    prevent or minimize contamination of the storm water runoff with 
    leather dust from buffing/shaving areas. The facility may consider dust 
    collection enclosures, preventive inspection/maintenance programs or 
    other appropriate preventive measures.
        (iv) Receiving, Loading, and Storage Areas--The plan must describe 
    measures that prevent or minimize contamination of the storm water 
    runoff from receiving, unloading, and storage areas. Exposed receiving, 
    unloading and storage areas for hides and chemical supplies should be 
    protected by a suitable cover, diversion of drainage to the process 
    sewer, directing rain gutters away from loading/receiving areas, grade 
    berming or curbing area to prevent runon of storm water or other 
    appropriate preventive measures.
        (v) Outdoor Storage of Contaminated Equipment--The plan must 
    describe measures that minimize contact of storm water with 
    contaminated equipment. Equipment should be protected by suitable 
    cover, diversion of drainage to the process sewer, thorough cleaning 
    prior to storage or other appropriate preventive measures.
        (vi) Waste Management--The plan must describe measures that prevent 
    or minimize contamination of the storm water runoff from waste storage 
    areas. The facility may consider inspection/maintenance programs for 
    leaking containers or spills, covering dumpsters, moving waste 
    management activities indoors, covering waste piles with temporary 
    covering material such as tarpaulin or polyethylene, and minimizing 
    storm water runon by enclosing the area or building berms around the 
    area.
        (vii) Vehicle Maintenance and Fueling--Permittees must follow all 
    applicable requirements described in Part XI.P. for controlling storm 
    water discharges from vehicle maintenance and refueling areas.
        (viii) Improper Connections to Storm Sewers--The plan must describe 
    measures which prevent and prohibit washwaters from processing areas 
    from entering storm sewers. The facility must install safeguards 
    against wash waters entering storm sewers and train employees on proper 
    disposal practices for disposal of all process waste materials.
        These areas are sources of pollutants in storm water from leather 
    tanning facilities. EPA believes that the incorporation of BMPs such as 
    those suggested, in conjunction with the pollution prevention plan, 
    will substantially reduce the potential of 
    
    [[Page 51047]]
    storm water contamination from these areas. Based upon the information 
    provided in part 1 of the group application process, some of the 
    suggested management processes are being used at leather tanning 
    facilities. In addition, EPA believes that these requirements continue 
    to provide the necessary flexibility to address the variable risk for 
    pollutants in storm water discharges associated with different 
    facilities. Further, many facilities will find that management measures 
    that they have already incorporated into the facilities operation, such 
    as the use of covers and roofing, containers, and berms and dikes will 
    meet the requirements of this section.
        (b) Preventive Maintenance--Under the preventive maintenance 
    requirements of the pollution prevention plan, permittees are required 
    to develop a preventive maintenance program that includes regular 
    inspections and maintenance of storm water BMPs. The maintenance 
    program requires periodic removal of debris from discharge diversions. 
    Permittees using ponds to control their effluent limitation frequently 
    use impoundments or sedimentation ponds as their BAT/BCT. Maintenance 
    schedules and maintenance measures for these ponds must be provided in 
    the pollution prevention plan.
        The purpose of the inspections is to check on the accuracy of the 
    description of potential pollution sources contained in the plan, 
    determine the effectiveness of the plan and implementation of the storm 
    water pollution prevention plan. The inspections allow facility 
    personnel to monitor the success or failure of elements of the plan on 
    a regular basis. The use of an inspection checklist is recommended. The 
    checklist will ensure that all required areas are inspected, as well as 
    help to meet the record keeping requirements. Based on the results of 
    each inspection, the description of potential pollution sources, and 
    measures and controls, the plan must be revised as appropriate within 2 
    weeks after each inspection. Changes in the measures and controls must 
    be implemented on the site in a timely manner, and never more than 12 
    weeks after completion of the inspection.
        (c) Inspections--Under the inspection requirements of the storm 
    water pollution prevention plan elements, qualified facility personnel 
    shall be identified to inspect designated areas of the facility, at a 
    minimum of every 3 months. The individual or individuals who will 
    conduct the inspections must be identified in the plan and should be 
    members of the pollution prevention team. The following areas shall be 
    included in all inspections: storage areas for equipment and vehicles 
    awaiting maintenance, facility yard area where outdoor storage occurs, 
    receiving and unloading areas and waste management areas. A set of 
    tracking or follow-up procedures shall be used to ensure that 
    appropriate actions are taken in response to the inspections. Records 
    of inspections shall be maintained and the pollution prevention plan 
    modified where necessary.
        In addition, qualified personnel must conduct quarterly visual 
    inspections of all BMPs. The inspections shall include an assessment of 
    the effectiveness and need for maintenance of storm water roofing and 
    covers, dikes and curbs, discharge diversions, sediment control and 
    collection systems and all other BMPs.
        Quarterly visual inspections must be made at least once in each of 
    the following designated periods during daylight hours. January-March 
    (storm water runoff or snow melt), April-June (storm water runoff), 
    July-September (storm water runoff), and October-December (snow melt 
    runoff). Records shall be maintained as part of the pollution 
    prevention plan.
        (d) Employee Training--Under the employee training component of the 
    storm water pollution prevention plan requirements, the permittee is 
    required to identify annual (once per year) dates for training. 
    Employee training must, at a minimum, address the following areas when 
    applicable to a facility: general good housekeeping practices, spill 
    prevention and control, waste management, inspections, preventive 
    maintenance, detection of non-storm water discharges and other areas. 
    EPA requires that facilities conduct training annually at a minimum. 
    However, more frequent training may be necessary at facilities with 
    high turnover of employees or where employee participation is essential 
    to the storm water pollution prevention plan.
        (e) Recordkeeping and Internal Reporting--Permittees must describe 
    procedures for developing and retaining records on the status and 
    effectiveness of plan implementation. The plan must address spills, 
    monitoring, and BMP inspection and maintenance activities. Ineffective 
    BMPs must be reported and the date of their corrective action recorded. 
    Employees must report incidents of leaking fluids to facility 
    management and these reports must be incorporated into the plan.
        (f) Storm Water Management--The permittee must evaluate the 
    appropriateness of each storm water BMP that diverts, infiltrates, 
    reuses, or otherwise reduces the discharge of contaminated storm water. 
    In addition, the permittee must describe the storm water pollutant 
    source or activity (i.e., loading and unloading operations, raw 
    material storage piles, waste piles, etc.) to be controlled by each 
    storm water management practice.
        (3) Comprehensive Site Compliance Evaluation. The storm water 
    pollution prevention plan must describe the scope and content of 
    comprehensive site evaluation that qualified personnel will conduct to: 
    1) confirm the accuracy of the description of potential pollution 
    sources contained in the plan; 2) determine the effectiveness of the 
    plan; and 3) assess compliance with the terms and conditions of this 
    section. Comprehensive site compliance evaluations must be conducted 
    once a year for leather tanning facilities. These evaluations are 
    intended to be more in depth than the quarterly visual inspections. The 
    individual or individuals who will conduct the evaluation must be 
    identified in the plan and should be members of the pollution 
    prevention team. Evaluation reports must be retained for at least 3 
    years after the date of the evaluation. Based on the results of each 
    evaluation, the description of potential pollution sources, and 
    measures and controls, the plan must be revised as appropriate within 2 
    weeks after each inspection. Changes in the measures and controls must 
    be implemented on the site in a timely manner, and never more than 12 
    weeks after completion of the evaluation.
    6. Numeric Effluent Limitations
        There are no numeric effluent limitations for storm water 
    discharges from leather tanning facilities beyond those described in 
    Part VI.E. of the fact sheet.
    7. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. The regulatory modifications 
    at 40 CFR 122.44 (i)(2) established on April 2, 1992, grant permit 
    writers the flexibility to reduce monitoring requirements in storm 
    water discharge permits. EPA has determined that the potential for 
    storm water discharges to contain pollutants above benchmark levels, 
    because of the industrial activities and materials exposed to 
    precipitation, does not support sampling at leather tanning and 
    finishing facilities. Under the Storm Water Regulations at 40 CFR 
    122.26(b)(14), EPA defined ``storm water 
    
    [[Page 51048]]
    discharge associated with industrial activity''. The focus of today's 
    permit is to address the presence of pollutants that are associated 
    with the industrial activities identified in this definition and that 
    might be found in storm water discharges. Under the methodology for 
    determining analytical monitoring requirements, described in section 
    VI.E.1 of this fact sheet, nitrate plus nitrite nitrogen is above the 
    bench mark concentrations for the leather tanning and finishing sector. 
    After a review of the nature of industrial activities and the 
    significant materials exposed to storm water described by facilities in 
    this sector, EPA has determined that the higher concentrations of 
    nitrate plus nitrite nitrogen are not likely to be caused by the 
    industrial activity, but may be primarily due to non-industrial 
    activities on-site. Today's permit does not require leather tanning and 
    finishing facilities to conduct analytical monitoring for this 
    parameter. Based on a consideration of the BMPs typically used at these 
    facilities, and generally low pollutant values from the application 
    data, EPA believes that the pollution prevention plan with visual 
    examinations of storm water discharges will help to ensure storm water 
    contamination is minimized. Because permittees are not required to 
    conduct sampling, they will be able to focus their resources on 
    developing and implementing the pollution prevention plan.
        b. Quarterly Visual Examination of Storm Water Quality. Quarterly 
    visual examinations of a storm water discharge from each outfall are 
    required for leather tanning and finishing facilities. The examination 
    must be of a grab sample collected from each storm water outfall. The 
    examination of storm water grab samples shall include any observations 
    of color, odor, clarity, floating solids, settled solids, suspended 
    solids, foam, oil sheen, or other obvious indicators of storm water 
    pollution. The examination must be conducted in a well lit area. No 
    analytical tests are required to be performed on these samples.
        The examination must be made at least once in each of the following 
    three-month periods: January through March; April through June; July 
    through September; and October through December during daylight unless 
    there is insufficient rainfall or snow-melt to runoff. EPA expects 
    that, whenever practicable, the same individual should carry out the 
    collection and examination of discharges throughout the life of the 
    permit to ensure the greatest degree of consistency possible. Grab 
    samples shall be collected within the first 30 minutes (or as soon 
    thereafter as practical, but not to exceed 1 hour) of when the runoff 
    begins discharging. Reports of the visual examination include: the 
    examination date and time, examination personnel, visual quality of the 
    storm water discharge, and probable sources of any observed storm water 
    contamination. The visual examination reports must be maintained onsite 
    with the pollution prevention plan.
        When a discharger is unable to collect samples over the course of 
    the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination. Adverse weather conditions which may prohibit 
    the collection of samples include weather conditions that create 
    dangerous conditions for personnel (such as local flooding, high winds, 
    hurricane, tornadoes, electrical storms, etc.) or otherwise make the 
    collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly visual examination.
        EPA believes that this quick and simple assessment will allow the 
    permittee to approximate the effectiveness of his/her plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the chemical properties of the storm water discharged from the 
    site, the examination will provide meaningful results upon which the 
    facility may act quickly. The frequency of this visual examination will 
    also allow for timely adjustments to be made to the plan. If BMPs are 
    performing ineffectively, corrective action must be implemented. A set 
    of tracking or follow-up procedures must be used to ensure that 
    appropriate actions are taken in response to the examinations. The 
    visual examination is intended to be performed by members of the 
    pollution prevention team. This hands-on examination will enhance the 
    staff's understanding of the storm water problems on that site and the 
    effects of the management practices that are included in the plan.
    
    AA. Storm Water Discharges Associated With Industrial Activity From 
    Fabricated Metal Products Industry
    
    1. Discharges Covered Under this Section
        On November 16, 1990 [55 Federal Register (FR) 47990], the U.S. 
    Environmental Protection Agency (EPA) promulgated the regulatory 
    definition of ``storm water discharges associated with industrial 
    activity.'' This section of today's final permit covers storm water 
    discharges associated with industrial activities from metal fabrication 
    processes and operations. Fabricated metal and processing facilities 
    eligible for coverage under this section include the following types of 
    operations: fabricated metal products, except machinery and 
    transportation equipment (Standard Industrial Classification (SIC) 
    codes 3429, 3441, 3442, 3443, 3444, 3451, 3452, 3462, 3471, 3479, 3494, 
    3496 and 3449); and jewelry, silverware, and plated ware (SIC code 
    391).
        This section covers establishments engaged in fabricating ferrous 
    and nonferrous metal products, such as metal cans, tinware, general 
    hardware, automotive parts, tanks, road mesh, structural metal 
    products, nonelectrical equipment, and a variety of metal and wire 
    products from purchased iron or steel rods, bars, or wire materials. 
    This section does not cover discharges from establishments engaged in 
    manufacturing and rolling of ferrous and nonferrous metals, forgings or 
    stampings, electrolytic or other processes for refining copper from 
    ore. These establishments are addressed in a separate section of 
    today's final permit.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        Impacts caused by storm water discharges from fabricating 
    operations will vary from one facility to the next. Several factors 
    influence to what extent 
    
    [[Page 51049]]
    significant materials from fabricators will affect water quality. 
    Specifically, the use of indoor operations as opposed to outdoor 
    storage facilities; discharges to Publicly Owned Treatment Works 
    (POTWs); recycling programs; product choice in the various operations; 
    and the number of operations that take place at a given facility based 
    on customer needs; and use of storm water controls.
        This section does not cover any discharge subject to process 
    wastewater effluent limitation guidelines.
    2. Industrial Profile
        There are two major subcategories of facilities covered by this 
    sector: fabricated metal products excluding coating and fabricated 
    metal coating and engraving. These facilities are engaged in the 
    manufacturing of a variety of products that are constructed primarily 
    by using metals. The operations performed usually begin with materials 
    in the form of raw rods, bars, sheet, castings, forgings, and other 
    related materials and can progress to the most sophisticated surface 
    finishing operations. There are typically several operations that take 
    place at a fabrication facility: machining operations, grinding, 
    cleaning and stripping, surface treatment and plating, painting, and 
    assembly. The machining operation involves turning, drilling, milling, 
    reaming, threading, broaching, grinding, polishing, cutting and 
    shaping, and planing. Grinding is the process using abrasive grains 
    such as aluminum oxide, silicon carbide, and diamond to remove stock 
    from a workpiece. Cleaning and stripping is a preparatory process 
    involving solvents for the removal of oil, grease and dirt. Both 
    alkaline and acid cleaning are employed. Surface treatment and plating 
    is a major component that involves batching operations to increase 
    corrosion or abrasion resistance. This is generally in the form of 
    galvanizing. Painting is generally practiced at most facilities to 
    provide decoration and protection to the product or item. Assembly is 
    the fitting together of previously manufactured parts into a complete 
    unit or structure.
        Industrial activities and storm water management practices vary 
    among the fabricating industry, mostly in the type of chemicals used in 
    the processes and the final product. Some industries involve only dry 
    operations and others include wet operations. Examples of products 
    being fabricated in this industry include: aircraft engines, screws, 
    nuts, bolts, automotive parts (drive shafts, struts, gears, rods), 
    tanks, hand tools, doors, and bridge grates.
        Many of the operations in this industry take place indoors. The 
    major activities evaluated for purposes of storm water contamination 
    and control measures include: waste storage, outside product storage, 
    use of pickling acids, storage of cutoff scrap metal, aluminum scraps, 
    hazardous materials, galvanized steel components, solvent storage, 
    waste paper storage, machinery storage, used absorbent materials, wood 
    materials dunnage/pallets, and maintenance of existing Best Management 
    Practices (BMPs). The table below lists the most likely wastes to be 
    generated at a steel fabricating facility.
    
         Table AA-1.--Wastes Generated From Fabricated Metals Industries    
    ------------------------------------------------------------------------
            Activity             Pollutant source            Pollutant      
    ------------------------------------------------------------------------
    Tool workpiece           Used metal working       TSS, COD, oil and     
     interface/shaving,       fluid with fine metal    grease.              
     chipping.                dust.                                         
    Parts/tools cleaning,    Solvent cleaners         Spent solvents, TSS,  
     sand blasting, metal     abrasive cleaners,       acid/alkaline waste, 
     surface cleaning,        alkaline cleaners,       oil.                 
     removal of applied       acid cleaners, rinse                          
     chemicals.               waters.                                       
    Making structural        Cuttings, scraps,        Metals.               
     components.              turnings, fines.                              
    Painting operations....  Paint and paint thinner  Paints, spent         
                              spills, sanding, spray   solvents, heavy      
                              painting.                metals, TSS.         
    Cleanup of spills and    Used absorbent           TSS, spilled material.
     drips.                   materials.                                    
    Transportation or        Wood dunnage/pallets...  BOD, TSS.             
     storage of materials.                                                  
    ------------------------------------------------------------------------
    
    3. Storm Water Sampling Results
        Based on the wide variety of industrial activities and significant 
    materials at the facilities included in this sector, EPA believes it is 
    appropriate to divide the fabricated metal industry into subsectors to 
    properly analyze sampling data and determine monitoring requirements. 
    As a result, this sector has been divided into the following 
    subsectors: fabricated metal products except coating and fabricated 
    metal coating and engraving. Tables AA-2 and AA-3 below include data 
    for the eight pollutants that all facilities were required to monitor 
    for under Form 2F. The tables also list those parameters that EPA has 
    determined merit further monitoring.
    
      Table AA-2.--Statistics for Selected Pollutants Reported by Cutlery, Handtools, and General Hardware, Fabricated Structural Metal Products, Screw Machine Products, and Bolts, Nuts, Screws,  
      Rivets, and Washers, Metal Forgings and Stampings, Electroplating, Plating, Polishing, Anodizing, and Coloring, Miscellaneous Fabricated Metal Products, Jewelry, Silverware, and Plated Ware 
                                                                    Manufacturing Facilities Submitting Part II Sampling Datai (mg/L)                                                               
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                            No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile       99th percentile  
                                          facilities    --------------------------------------------------------------------------------------------------------------------------------------------
           PollutantSample type       ------------------                                                                                                                                            
                                         Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp       Grab      Comp       Grab       Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD 5............................       51       49       70       69    19.6      11.6       0.0       0.0      380.0      57.0       8.4       8.0      53.5      32.6      106.2       55.8  
    COD..............................       51       48       70       68   143.2     115.2       0.0       0.0     1380.0     962.0      63.0      63.0     435.4     358.5      885.1      713.7  
    Nitrate + Nitrate Nitrogen.......       51       49       70       69     1.66      1.31      0.00      0.0       14.90      9.17      0.94      0.87      5.85      4.58      12.74       9.22 
    Total Kjeldahl Nitrogen..........       51       49       70       69     3.24      2.05      0.00      0.0       29.30      9.12      1.76      1.40      9.77      5.99      19.16      10.52 
    Oil & Grease.....................       50      N/A       69      N/A     9.2     N/A         0.0     N/A         86.0     N/A         6.0     N/A        31.3     N/A         62.1      N/A    
    pH...............................       45      N/A       63      N/A   N/A       N/A         3.3     N/A          9.0     N/A         7.1     N/A         9.4     N/1         10.7      N/A    
    Total Phosphorus.................       50       49       69       69     1.13      1.03      0.00      0.0       10.50     10.8       0.22      0.2       3.39      3.36       8.96       9.12 
    Total Suspended Solids...........       51       49       70       69   214       169         0         0       2340      3235       104        53      1014       650       2832       1801    
    Aluminum, Total..................       15       15       16       16    89.68     10.37      0.00      0.00    1400.0     130.00      0.96      0.92     74.83     24.71     365.47      80.82 
    Iron, Total......................       25       23       32       29     4.9       3.1       0.0       0.0       25.1      26.0       1.5       0.9      28.3      13.2       92.2       35.5  
    Zinc, Total......................       27       25       38       35     6.407     3.451     0.000     0.007    157.00     22.80      0.72      0.44     18.234    20.001     64.196     79.412
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
                                                                                                                                                                                                    
    
    [[Page 51050]]
                         Table AA-3.--Statistics for Selected Pollutants Reported by Coating, Engraving, and Allied Services Facilities Submitting Part II Sampling Datai (mg/L)                    
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                            No. of        No. of samples          Mean               Minimum             Maximum             Median          95th percentile       99th percentile  
                                          facilities    --------------------------------------------------------------------------------------------------------------------------------------------
           PollutantSample type       ------------------                                                                                                                                            
                                         Grab    Compii    Grab     Comp     Grab      Comp      Grab      Comp      Grab      Comp      Grab      Comp       Grab      Comp       Grab       Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD 5............................       13       13       16       16    12.0       6.06      0.0       0.0      81.0      17.0        7.5       6.0      39.3      15.8       74.4       24.58 
    COD..............................       13       13       16       17    68.8      56.9      12.0       0.0     320.0     160.0       45.0      49.0     194.4     262.7      349.4      559.3  
    Nitrate + Nitrate Nitrogen.......       13       13       16       17     1.82      1.60      0.21      0.0       7.70     12.5        0.96      0.80      5.64      4.44      10.91       8.67 
    Total Kjeldahl Nitrogen..........       13       13       16       17     2.36      1.52      0.00      0.0       7.20      5.2        1.35      0.80      6.87      4.41      12.12       7.68 
    Oil & Grease.....................       13      N/A       16      N/A     1.7     N/A         0.0     N/A         9.0     N/A          0.0     N/A         9.4     N/A         18.2      N/A    
    pH...............................       11      N/A       14      N/A   N/A       N/A         5.5     N/A         8.2     N/A          6.6     N/A         8.0     N/A          8.7      N/A    
    Total Phosphorus.................       13       13       16       17     1.91      0.90      0.00      0.0      16.00     12.0        0.16      0.15      6.30      2.77      23.91       9.37 
    Total Suspended Solids...........       13       13       16       17   112        88         0         0       461       990         26        21       474       272       1215        764    
    Zinc, Total......................       10       10       13       14     0.489     0.218     0.050     0.000     2.100     0.830      0.32      0.15      1.481     0.800      2.758      1.632
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    iApplications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit  
      were assumed to be 0.                                                                                                                                                                         
    iiComposite samples.                                                                                                                                                                            
    
    
    4. Options for Controlling Pollutants
        The measures to control pollutants at metal fabricating operations 
    should focus primarily on the storage of waste and raw materials; 
    chemical storage areas; and equipment storage and service areas. Since 
    most of the operations occur indoors, procedures are necessary in the 
    handling and transporting of materials to minimize exposure of 
    pollutants to storm water runoff. Of primary importance is the control 
    of activities and use of chemicals that have been identified as 
    potential sources of pollutants. The most effective discharge controls 
    for these facilities are BMPs targeted toward source control. This 
    includes utilizing inside storage as much as possible; and implementing 
    programs for recycling scrap materials. Many of these practices require 
    the use of covers, indoor storage, and indoor operations. Some 
    structural measures would provide an additional control to reduce the 
    potential for exposure at these facilities. These include source 
    reduction diversion dikes, grass swales, vegetative covers, and 
    sedimentation ponds. Preventive controls are typically low in cost and 
    relatively easy to implement, as the majority of the facilities in this 
    industry already employ these practices. In addition, directing flows 
    to privately owned treatment works or retention ponds will be the most 
    effective measure. The industry also must give consideration to the 
    non-storm water discharges associated with improper disposal of 
    materials from the indoor processes due to the extensive use of 
    chemicals in the preparation and finishing phases of metal preparation 
    and fabrication. The industry also involves grinding, welding, and 
    sanding operations that will require special consideration to control 
    potential pollutants that could accumulate and be subject to storm 
    water runoff. Most of the measures commonly implemented to reduce 
    pollutants in storm water associated with the fabricated metals 
    industry are generally uncomplicated practices. Some of the practices 
    may be predicated on the size of the operation, the types of processes 
    that are exercised from a full-scale plant operation to a more 
    specialized company that conducts only a portion of the operations 
    usually found in the fabricating industry. Table AA-4 below is an 
    outline of the most common activities and sources that may produce 
    pollutants associated with different activities that routinely take 
    place at fabricated metal industries. Following the table is a brief 
    list of BMPs that EPA believes will help reduce and control the 
    potential pollutant sources at fabricating facilities from 
    contaminating storm water.
    
       Table AA-4.--Pollutants Potentially Found in Storm Water Discharges  
                  Associated With the Fabricated Metal Industry             
    ------------------------------------------------------------------------
            Activity             Pollutant source            Pollutant      
    ------------------------------------------------------------------------
    Metal preparation......  Grinding, welding,       Steel scraps, aluminum
                              sawing, shaving,         scraps, brass,       
                              brazing, bending,        copper, dust, chips  
                              cutting, etching.        and borings, steel   
                                                       scale, teflon,       
                                                       manganese.           
    Parts cleaning.........  Solvents, cold and hot   Acid, coolants, clean 
                              dips, cleaning parts,    composition,         
                              degreasing.              degreaser, mineral   
                                                       spirits, pickle      
                                                       liquor, spent        
                                                       caustic, sludge.     
    Surface Treatment......  Finishing, plating,      Acid, aromatic        
                              case hardening,          solvent, corn cob,   
                              chemical coating,        lubricants, sand,    
                              coating, polishing,      oil, pH, nitrates,   
                              rinsing, abrasive        nitrites, carbon,    
                              cleaning,                phosphates, borates, 
                              electroplating.          nitrogen, oily       
                                                       sludge, nickel,      
                                                       chromium,            
                                                       hydrofluoric acid.   
    Galvanizing............  Spills, leaks,           Acid solution,        
                              transporting materials.  phosphates, zinc     
                                                       chromate, hexavalent 
                                                       chromium, nickel.    
    Painting...............  Empty containers, paint  Paint wastes, thinner,
                              application wastes,      varnish, heavy       
                              spills, over spraying,   metals, spent        
                              storage areas.           chlorinated solvents 
    Heavy equipment use and  Leaking fluids, fluids   Oil, heavy metals,    
     storage.                 replacement, washing     organics, fuels, TSS,
                              equipment, use on poor   hydraulic oil, diesel
                              surface area, soil       fuel, gasoline       
                              disturbance.                                  
    Equipment maintenance..  Leaking fluids, fluids   Oil, grease           
                              replacement, washing                          
                              equipment.                                    
    Storage of uncoated      Stored on porous         Aluminum, lead, zinc, 
     structural steel.        pavement.                copper, iron, oxide, 
                                                       oil, nickel,         
                                                       manganese.           
    Storing galvanized       Galvanizing material     Metals: zinc, nickel, 
     steel directly on the    drippage or leaching.    cadmium, chromium.   
     ground.                                                                
    Vehicle/equipment        Soil disturbance and     TSS from erosion,     
     traffic.                 erosion.                 hydraulic fluid loss/
                                                       spillage             
    Cleaning equipment/      Chemicals disposed       Oil, grease,          
     vehicles.                improperly, spillage.    surfactants,         
                                                       chromates, acid,     
                                                       hydroxide, nitric    
                                                       acid.                
    
    [[Page 51051]]
                                                                            
    Storage areas..........  Unidentifiable drums,    Benzene, toluene,     
                              extended exposure to     xylene, pyrene, and  
                              weather conditions,      other volatile       
                              tank corrosion, open     organics, solvents.  
                              containers.                                   
    Equipment usage........  Malfunctioning           Oil, grease, lead     
                              equipment, stockpiled                         
                              obsolete equipment.                           
    Above ground storage     Installation problems,   Fuel oil and various  
     tanks.                   spills, external         chemicals.           
                              corrosion and                                 
                              structural failure.                           
    ------------------------------------------------------------------------
    
    
        Table AA-4 above shows the potential pollutants that could end up 
    in storm water runoff if the activities typically found at a 
    fabricating facility are not handled properly. Many of the fabricating 
    facilities in the group application indicated several of the activities 
    listed as a part of the normal operations carried out at the facility. 
    Many of the pollutants involved in these activities are potentially of 
    concern if exposed to precipitation and storm water runoff. 
    Consideration of control measures is needed to assure that the 
    activities minimize exposure to the potential pollutants of concern as 
    it relates to each activity identified and control the potential 
    sources that may generate pollutants as part of the management 
    practices used.
    5. Special Conditions
        The permit conditions that apply to the fabricated metals industry 
    build upon the base permit requirements set forth in the front of 
    today's permit. The discussion that follows, therefore, only addresses 
    conditions that differ from those base requirements.
        Due to the concern that many non-storm water discharges may be 
    present at metal fabricators, EPA is requiring that all facilities 
    provide proof that these discharges are not commingled and are 
    appropriately controlled so as to protect all receiving waters.
        Today's permit clarifies in Part XI.AA.2. (Prohibition of Non-storm 
    Water Discharges) that non-storm water discharges, including metal 
    fabricator operations, are not authorized by this section. The 
    operators of such non-storm water discharges must obtain coverage under 
    a separate National Pollutant Discharge Elimination System (NPDES) 
    permit if discharged to waters of the United States or through a 
    municipal separate storm sewer system. In a related requirement under 
    the storm water pollution prevention plan requirements, the permittee 
    is required to attach a copy of the NPDES permit issued for metal acid 
    baths, sludge disposal, scrap disposal or recycling or, if an NPDES 
    permit has not yet been issued, a copy of the pending application plan. 
    Facilities that pretreat and discharge the waste water into a POTW 
    system must notify the operator and a copy of the notification must be 
    attached to the plan. With regard to all the acid baths, wash waters, 
    and any other non-storm water discharges must be considered in the 
    plan. Some facilities may use retention ponds, recycling, collecting 
    and hauling as methods of disposal. Other facilities discharge into 
    separate storm sewer systems. In these instances, the facility is 
    required to attach the disposal plans and operations to the plan.
    6. Storm Water Pollution Prevention Plan Requirements
        Each storm water pollution prevention plan must stipulate 
    activities, materials, and physical features of the facility that may 
    contribute pollutants to storm water runoff or, during periods of dry 
    weather, result in dry weather flows. The metals fabricating industry 
    plan focuses primarily on storage areas, unloading and loading areas, 
    and any other areas where outside operations occur.
        Under the description of measures and controls in the storm water 
    pollution prevention plan requirements, facilities are required to 
    address the identified pollutant sources by identifying and 
    implementing appropriate storm water pollution management controls. 
    Such controls much address the areas listed below, as appropriate.
        a. Facility Areas to be Addressed in the Storm Water Pollution 
    Prevention Plan.
        (1) Metal Fabricating Areas. These areas should be kept clean by 
    frequent sweeping to avoid heavy accumulation of steel ingots, fines, 
    and scrap. Dust is a byproduct of many processes in the fabricating 
    areas and therefore should be absorbed through a vacuum system to avoid 
    accumulation on roof tops and onto the ground. Tracking of metal dusts 
    and metal fines outdoors may be minimized by employing these management 
    practices: sweep on a regular basis all accessible paved areas; 
    maintain floors in a clean and dry condition; remove waste and dispose 
    of regularly; remove obsolete equipment expeditiously; sweep 
    fabrication areas; and train employees on good housekeeping measures.
        (2) Storage Areas for Raw Metal. The storage of raw materials 
    should be under a covered area whenever possible and protected from 
    contact with the ground. The amount of material stored should be 
    minimized to avoid corrosive activity from long-term exposed materials. 
    Diking or berming the area to prevent or minimize runon may be 
    considered. Long-term exposure to weather conditions results in 
    oxidation of the metals. Also, dirt, oil, and grease buildup on the 
    metal are potential sources of pollutants. The following measures 
    should be considered: check raw metals for corrosion; keep area neat 
    and orderly, stack neatly on pallets or off the ground; and cover 
    exposed materials.
        (3) Receiving, Unloading, and Loading Areas. These areas should be 
    enclosed where feasible using either curbing, berming, diking or other 
    accepted containment systems in case of spills during delivery of 
    chemicals such as lubricants, coolants, rust preventatives, solvents, 
    oil, sodium hydroxide, hydrochloric acid, calcium chloride, polymers, 
    sulfuric acid, and other chemicals used in the metal fabricating 
    processes. Directing roof down spouts away from loading sites and 
    equipment and onto grassy or vegetated areas should help prevent storm 
    water contamination by pollutants that have accumulated in these areas. 
    The following measures should be considered: clean up spills 
    immediately; check for leaks and remedy problems regularly; and unload 
    under covered areas when possible.
        (4) Storage of Heavy Equipment. Vehicles should be stored indoors 
    when possible. If stored outdoors the use of gravel, concrete or other 
    porous surfaces should be considered to minimize or prevent heavy 
    equipment from creating ditches or other conveyances that would 
    
    [[Page 51052]]
    cause sedimentation runoff and increase TSS loadings. Also directing 
    the flow toward the area by the use of grass swales or filter strips 
    will reduce the runoff of materials. Directing drainage systems away 
    from high traffic areas into collection systems will help to reduce the 
    TSS loadings caused by exposed and eroding open areas. The following 
    measures should be considered: clean prior to storage or store under 
    cover; store indoors; and divert drainage to the grass swales, filter 
    strips, retention ponds, or holding tanks.
        (5) Metal Working Fluid Areas. Due to the toxicity of metal working 
    fluids as well as the contamination of fluids by metal fines and dusts, 
    spillage and loss of metal working fluids used to cleanse or prepare 
    the steel components should be controlled throughout the process. 
    Collection systems and storage areas need special consideration. The 
    following measures should be considered: store used metal working fluid 
    with fine metal dust indoors; use tight sealing lids on all fluid 
    containers; use straw, clay absorbents, sawdust, or synthetic 
    absorbents to confine or contain any spills, or other absorbent 
    material; and establish recycling programs for used fluids when 
    possible.
        (6) Unprotected Liquid Storage Tanks. Storing these tanks (this 
    does not include products that are gaseous at atmospheric pressure) 
    indoors will reduce potential waste or spills from contaminating storm 
    water. Berming outdoor areas when unable to store inside will contain 
    potential pollutants. Cleaning up spills is essential to minimizing 
    buildup in these areas. EPA believes that this will significantly 
    reduce the potential for major discharges into the water of the United 
    States during storm runoff. The following measures should be 
    considered: cover all tanks whenever possible; berm tanks whenever 
    possible; dike area or install grass filters to contain spills; keep 
    area clean; and check piping, valves and other related equipment on a 
    regular basis.
        (7) Chemical Cleaners and Rinse Water. Proper disposal and use of 
    cleaners in various activities will minimize the amount of liquid 
    exposed to storm water by reducing the need to store contaminated 
    liquids for an extended period of time. Controlling potential 
    contamination of pollutants by employing simple control devices during 
    the activity will prevent potential contamination in storm water 
    runoff. Recycling or reuse of these materials whenever possible serves 
    as a source reduction by reducing the necessary amount of new 
    materials. The following measures should be considered: use drip pans 
    and other spill devices to collect spills or solvents and other liquid 
    cleaners; recycle waste water; store recyclable waste indoors or in 
    covered containers; and substitute nontoxic cleaning agents when 
    possible.
        (8) Raw Steel Collection Areas. The collection areas must be kept 
    clean. Materials should be kept in a covered storage bin or kept inside 
    until pickup. The use of pitched-structures should be considered. The 
    following measures should be considered: collect scrap metals, fines, 
    iron dust and store under cover and recycle.
        (9) Paints and Painting Equipment. Facilities using tarps, drip 
    pans, or other spill collection devices to contain and collect spills 
    of paints, solvents or other liquid material. Blasting in windy weather 
    increases the potential for runoff. Enclosing outdoor sanding areas 
    with tarps or plastic sheeting contains the metal fines. Immediate 
    collection of any waste and proper disposal may significantly 
    contribute to the reduction of storm water runoff. Training employees 
    to use the spray equipment properly may reduce waste and decrease the 
    likelihood of accidents, as well as, reduce the amount of solvents 
    needed to complete the job. The following measures should be 
    considered: paint and sand indoors when possible; avoid painting and 
    sandblasting operations outdoors in windy weather conditions; if done 
    outside, enclose sanding and painting areas with tarps or plastic 
    sheeting; and use water-based paints when possible.
        (10) Vehicle and Equipment Maintenance Areas. Changing fluids or 
    parts should be done indoors when possible. If maintenance is performed 
    outdoors, fluids used in maintaining these vehicles should be contained 
    in the area by using drip pans, large plastic sheets, canvas or other 
    similar controls under the vehicles, or berming the area. Hydraulic 
    fluids should be properly stored to prevent leakage and storm water 
    contamination. The following measures should be considered: berm area 
    or use other containment device to control spills; use drip pans, 
    plastic sheeting and other similar controls; and discard fluids 
    properly or recycle if possible.
        (11) Hazardous Waste Storage Areas. All hazardous waste must be 
    stored in sealed drums. Establishing centralized drum-storage satellite 
    areas throughout the complex to store these materials will decrease the 
    potential for mishandling drums. Berming the enclosed structures is 
    added protection in case of spills. Spills or leaks that are contained 
    within an area are easier to contain and prevent storm water 
    contamination or runoff. Checks for corrosion and leakage of storage 
    containers is important. Proper labeling for proper handling should be 
    considered. All other applicable Federal, State, and local regulations 
    must be followed. The following measures should be considered: store 
    indoors; label materials clearly; check for corrosion and leaking; 
    properly dispose of outdated materials; dike or use grass swales, 
    ditches or other containment to prevent runon or runoff in case of 
    spills; post notices prohibiting dumping of materials into storm 
    drains; store containers, drums, and bags away from direct traffic 
    routes; do not stack containers in such a way as to cause leaks or 
    damage to the containers; use pallets to store containers when 
    possible; store materials with adequate space for traffic without 
    disturbing drums; maintain low inventory level of chemicals based on 
    need.
        (12) Transporting Chemicals to Storage Areas. Proper handling of 
    drums is needed to avoid damaging drums causing leaks. Storage areas 
    should be as close as possible to operational buildings. The following 
    measures should be considered: forklift operators should be trained to 
    avoid puncturing drums; store drums as close to operational building as 
    possible; and label all drums with proper warning and handling 
    instructions.
        (13) Finished Products (Galvanized) Storage. Improper storage of 
    finished products can contribute pollutants to storm water discharges. 
    Materials should be stored in such a way to minimize contact with 
    precipitation and runoff. The following measures should be considered: 
    store finished products indoors, on a wooden pallets concrete pad, 
    gravel surface, or other impervious surface.
        (14) Wooden Pallets and Empty Drums. The following measures should 
    be considered: clean contaminated wooden pallets; cover empty drums; 
    cover contaminated wooden pallets; store drums and pallets indoors; 
    clean empty drums; and store pallets and drums on concrete pads.
        (15) Retention Ponds (Lagoon). Creating and maintaining retention 
    ponds as a treatment system for settling out TSS would help to reduce 
    the concentrations of these pollutants in storm water runoff. The 
    following measures should be considered: provide routine maintenance; 
    remove excess sludge periodically; and aerate periodically to maintain 
    pond's aerobic character and ecological balance.
        b. Comprehensive Site Compliance Evaluation. The storm water 
    pollution prevention plan must describe the scope 
    
    [[Page 51053]]
    and content of comprehensive site evaluations that qualified personnel 
    will conduct to (1) confirm the accuracy of the description of 
    potential pollution sources contained in the plan, (2) determine the 
    effectiveness of the plan, and (3) assess compliance with the terms and 
    conditions of this section. Comprehensive site compliance evaluations 
    should be conducted at least once a year. The individual or individuals 
    that will conduct the evaluations must be identified in the plan and 
    should be members of the pollution prevention team. Evaluation reports 
    must be retained for at least 3 years after the date of the evaluation.
        Based on the results of each evaluation, the description of 
    potential pollution sources, and measures and controls, the plan must 
    be revised as appropriate within 2 weeks after each evaluation. Changes 
    in the measures and controls must be implemented on the site in a 
    timely manner, and never more than 12 weeks after completion of the 
    evaluation.
    7. Numeric Effluent Limitations
        There are no additional numeric effluent limitations beyond those 
    described in Part V.B. of today's permit.
    8. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. EPA believes that fabricated 
    metal and processing facilities may reduce the level of pollutants in 
    storm water runoff from their sites through the development and proper 
    implementation of the storm water pollution prevention plan 
    requirements discussed in today's final permit. In order to provide a 
    tool for evaluating the effectiveness of the pollution prevention plan 
    and to characterize the discharge for potential environmental impacts, 
    Tables AA-5 and AA-6 list the pollutants that fabricated metal products 
    except coating and fabricated metal coating and engraving facilities 
    are required to analyze for in their storm water discharges in 
    accordance with the activities onsite. The pollutants listed in Tables 
    AA-5 and AA-6 were found to be above levels of concern for a 
    significant portion of fabricating facilities that submitted 
    quantitative data in the group application process. Because these 
    pollutants have been reported at levels of concern from fabricated 
    metal and processing facilities, EPA is requiring monitoring after the 
    pollution prevention plan has been implemented to assess the 
    effectiveness of the pollution prevention plan and to help ensure that 
    a reduction of pollutants is realized.
        Permittees can exercise the alternative certification on a 
    pollutant-by-pollutant basis as described under Section 8.b. If there 
    are any pollutant(s) for which the facility is unable to certify to no 
    exposure the facility must, at a minimum, monitor storm water 
    discharges on a quarterly basis during the second year of permit 
    coverage. Samples must be collected at least once in each of the 
    following periods: January through March; April through June; July 
    through September; and October through December. At the end of the 
    second year of permit coverage, a facility must calculate the average 
    concentration for each parameter listed in the applicable table (Table 
    AA-5 or Table AA-6). If the permittee collects more than four samples 
    in this period, then they must calculate an average concentration for 
    each pollutant of concern for all samples analyzed.
    
       Table AA-5.--Monitoring Requirements for Fabricated Metal Products   
                                 Except Coating                             
    ------------------------------------------------------------------------
                                                             Monitoring cut-
                     Pollutants of concern                         off      
                                                              concentration 
    ------------------------------------------------------------------------
    Total Recoverable Iron................................  1.0 mg/L.       
    Total Recoverable Zinc................................  0.065 mg/L.     
    Total Recoverable Aluminum............................  0.75 mg/L.      
    Nitrate plus Nitrite Nitrogen.........................  0.68 mg/L.      
    ------------------------------------------------------------------------
    
    
      Table AA-6.--Monitoring Requirements for Fabricated Metal Coating and 
                                    Engraving                               
    ------------------------------------------------------------------------
                                                             Monitoring cut-
                     Pollutants of concern                         off      
                                                              concentration 
    ------------------------------------------------------------------------
    Total Recoverable Zinc................................  0.065 mg/L.     
    Nitrate plus Nitrite Nitrogen.........................  0.68 mg/L.      
    ------------------------------------------------------------------------
    
        If the average concentration for a parameter is less than or equal 
    to the appropriate cut-off concentration, then the permittee is not 
    required to conduct quantitative analysis for that parameter during the 
    fourth year of the permit. If, however, the average concentration for a 
    parameter is greater than the cut-off concentration listed in Table AA-
    5 or Table AA-6, then the permittee is required to conduct quarterly 
    monitoring for that parameter during the fourth year of permit 
    coverage. Monitoring is not required during the first, third, and fifth 
    year of the permit. The exclusion from monitoring in the fourth year of 
    the permit is conditional on the facility maintaining industrial 
    operations and BMPs that will ensure a quality of storm water 
    discharges consistent with the average concentrations recorded during 
    the second year of the permit.
    
                       Table AA-7.--Schedule of Monitoring                  
                                                                            
                                                                            
    2nd Year of Permit Coverage......   Conduct quarterly           
                                        monitoring.                         
                                        Calculate the average       
                                        concentration for all parameters    
                                        analyzed during this period.        
                                        If average concentration is 
                                        greater than the value listed in    
                                        Tables AA-5 or AA-6, then quarterly 
                                        sampling is required during the     
                                        fourth year of the permit.          
                                        If average concentration is 
                                        less than or equal to the value     
                                        listed in Tables AA-5 or AA-6, then 
                                        no further sampling is required for 
                                        that parameter.                     
    4th Year of Permit Coverage......   Conduct quarterly monitoring
                                        for any parameter where the average 
                                        concentration in year 2 of the      
                                        permit is greater than the value    
                                        listed in Tables AA-5 or AA-6.      
                                        If industrial activities or 
                                        the pollution prevention plan have  
                                        been altered such that storm water  
                                        discharges may be adversely         
                                        affected, quarterly monitoring is   
                                        required for all parameters of      
                                        concern.                            
    
        In cases where the average concentration of a parameter exceeds the 
    cut-off concentration, EPA expects permittees to place special emphasis 
    on methods for reducing the presence of those parameters in storm water 
    discharges. Quarterly monitoring in the fourth year of the permit will 
    reassess the effectiveness of the adjusted pollution prevention plan.
        The monitoring cut off concentrations listed in Tables AA-5and AA-6 
    are not numerical effluent limitations. These values represent a level 
    of pollutant discharge which facilities may achieve through the 
    implementation of pollution prevention plans. At least half of the 
    facilities which submitted Part 2 data, reported concentrations greater 
    than or 
    
    [[Page 51054]]
    equal to the values listed in the applicable table (Tables AA-5 or AA-
    6). Facilities that achieve average discharge concentrations which are 
    less than or equal to the appropriate cut-off concentration values are 
    not relieved from the pollution prevention plan requirements or any 
    other requirements of the permit.
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly chemical sampling.
        b. Alternative Certification. Throughout today's permit, EPA has 
    included monitoring requirements for facilities which the Agency 
    believes have the potential for contributing significant levels of 
    pollutants to storm water discharges. The alternative described below 
    is necessary to ensure that monitoring requirements are only imposed on 
    those facilities that do, in fact, have storm water discharges 
    containing pollutants at concentrations of concern. EPA has determined 
    that if materials and activities are not exposed to storm water at the 
    site, then the potential for pollutants to contaminate storm water 
    discharges does not warrant monitoring.
        Therefore, a discharger is not subject to the monitoring 
    requirements of this Part provided the discharger makes a certification 
    for a given outfall, or on a pollutant-by-pollutant basis in lieu of 
    monitoring described in Tables AA-5 and AA-6, under penalty of law, 
    signed in accordance with Part VII.G. (Signatory Requirements), that 
    material handling equipment or activities, raw materials, intermediate 
    products, final products, waste materials, by-products, industrial 
    machinery or operations, significant materials from past industrial 
    activity that are located in areas of the facility that are within the 
    drainage area of the outfall are not presently exposed to storm water 
    and will not be exposed to storm water for the certification period. 
    Such certification must be retained in the storm water pollution 
    prevention plan and submitted to EPA. In the case of certifying that a 
    pollutant is not present, the permittee must submit the certification 
    along with the monitoring reports required under paragraph c below. If 
    the permittee cannot certify for an entire period, they must submit the 
    date exposure was eliminated and any monitoring required up until that 
    date. This certification option is not applicable to compliance 
    monitoring requirements associated with effluent limitations. EPA does 
    not expect facilities to be able to exercise this certification for 
    indicator parameters, such as TSS and BOD.
        c. Reporting Requirements. Permittees are required to submit all 
    monitoring results obtained during the second and fourth year of permit 
    coverage within 3 months of the conclusion of each year. For each 
    outfall, one signed Discharge Monitoring Report Form must be submitted 
    per storm event sampled. For facilities conducting monitoring beyond 
    the minimum quarterly requirements an additional Discharge Monitoring 
    Report Form must be filed for each analysis.
        d. Sample Type. All discharge data shall be reported for grab 
    samples. All such samples shall be collected from the discharge 
    resulting from a storm event that is greater than 0.1 inches in 
    magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. The required 
    72-hour storm event interval is waived where the preceding measurable 
    storm event did not result in a measurable discharge from the facility. 
    The required 72-hour storm event interval may also be waived where the 
    permittee documents that less than a 72-hour interval is representative 
    for local storm events during the season when sampling is being 
    conducted. The grab sample shall be taken during the first 30 minutes 
    of the discharge. If the collection of a grab sample during the first 
    30 minutes is impracticable, a grab sample can be taken during the 
    first hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable.
        If storm water discharges associated with industrial activity 
    commingle with process or non-process water, then where practicable 
    permittees must attempt to sample the storm water discharge before it 
    mixes with the non-storm water discharge.
        e. Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluent. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        f. Quarterly Visual Examination of Storm Water Quality. Quarterly 
    visual examinations of storm water discharges from each outfall are 
    required at fabricated metal products facilities. The examinations must 
    be of a grab sample collected from each storm water outfall. The 
    examination of storm water grab samples shall include any observations 
    of color, odor, clarity, floating solids, settled solids, suspended 
    solids, foam, oil sheen, or other obvious indicators of storm water 
    pollution. The examinations must be conducted in a well lit area. No 
    analytical tests are required to be performed on these samples.
        The examination must be made at least once in each of the following 
    periods during daylight, unless there is insufficient rainfall or snow-
    melt to runoff: January through March; April through June; July through 
    September; and October through December. Where practicable, the same 
    individual should carry out the collection and examination of 
    discharges throughout the life of the permit to ensure the greatest 
    degree of consistency possible. Grab samples shall be collected within 
    the first 30 minutes (or as soon thereafter as practical, but not to 
    exceed 60 minutes) of when the runoff begins discharging. Reports of 
    the visual examination include: the examination date and time, 
    examination personnel, visual quality of the storm water discharge, and 
    probable sources of any observed storm water contamination. The visual 
    examination reports must be maintained onsite with the pollution 
    prevention plan.
        When a discharger is unable to collect samples over the course of 
    the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examination. Adverse weather conditions which may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.). 
    
    [[Page 51055]]
    
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly visual examination.
        EPA believes that this quick and simple assessment will allow the 
    permittee to approximate the effectiveness of his/her plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the chemical properties of the storm water discharged from the 
    site, the examination will provide meaningful results upon which the 
    facility may act quickly. The frequency of this visual examination will 
    also allow for timely adjustments to be made to the plan. If BMPs are 
    performing ineffectively, corrective action must be implemented. A set 
    of tracking or follow-up procedures must be used to ensure that 
    appropriate actions are taken in response to the examinations. The 
    visual examination is intended to be performed by members of the 
    pollution prevention team. This hands-on examination will enhance the 
    staff's understanding of the storm water problems on that site and the 
    effects of the management practices that are included in the plan.
    
    AB. Storm Water Discharges Associated With Industrial Activity From 
    Facilities That Manufacture Transportation Equipment, Industrial, or 
    Commercial Machinery
    
    1. Industry Profile
        On November 16, 1990 (55 FR 47990), EPA promulgated the regulatory 
    definition of ``storm water discharge associated with industrial 
    activity.'' This definition includes point source discharges of storm 
    water from eleven categories of facilities, including ``* * * (xi) 
    facilities classified as Standard Industrial Classification (SIC) codes 
    * * * 35 (except SIC 357), 37 (except SIC 373), * * *'' Facilities 
    eligible for coverage under this section of today's permit include the 
    following manufacturing facilities: engines and turbines (SIC Code 
    351); farm and garden machinery and equipment (SIC Code 352); 
    construction, mining, and materials handling machinery and equipment 
    (SIC Code 353); metalworking machinery and equipment (SIC Code 354); 
    special industry machinery, except metalworking machinery (SIC Code 
    355); general industrial machinery and equipment (SIC Code 356); 
    refrigeration and service industry machinery (SIC Code 358); 
    miscellaneous industrial and commercial machinery and equipment (SIC 
    Code 359); motor vehicles and motor vehicle equipment (SIC Code 371); 
    aircraft and parts (SIC Code 372); motorcycles, bicycles, and parts 
    (SIC Code 375); guided missiles and space vehicles and parts (SIC Code 
    376); and miscellaneous transportation equipment (SIC Code 379).
        This section establishes special conditions for storm water 
    discharges associated with industrial activities at facilities which 
    manufacture transportation equipment, industrial or commercial 
    machinery. The SIC codes of these facilities are in category (xi) of 
    the definition of storm water discharges associated with industrial 
    activity. Storm water discharges from facilities in this category are 
    only regulated where precipitation or storm water runon come into 
    contact with areas associated with industrial activities, and 
    significant materials. Significant materials include, but are not 
    limited to, raw materials, waste products, fuels, finished products, 
    intermediate products, by-products, and other materials associated with 
    industrial activities.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        There are approximately 14,000 facilities which handle and process 
    ferrous and nonferrous metals to manufacture transportation equipment, 
    industrial or commercial machinery. These facilities vary in size, age, 
    number of employees and the types of operations performed. The 
    manufacturing processes for these facilities are similar, although the 
    finished products may vary. The general manufacturing process is 
    conducted indoors, and includes activities such as cutting, shaping, 
    grinding, cleaning, coating, forming, and finishing. Specific processes 
    are referred to as ``unit operations,'' and there are approximately 45 
    unit operations utilized by facilities that manufacture transportation 
    equipment, industrial, or commercial machinery. Since these operations 
    occur predominately indoors, contamination of storm water discharges 
    from the manufacturing process is unlikely. Unit operations include the 
    following: electroplating, electroless plating, anodizing, chemical 
    conversion coating, etching and chemical milling, cleaning, machining, 
    grinding, polishing, barrel finishing, burnishing, impact deformation, 
    pressure deformation, shearing, heat treating, thermal cutting, 
    welding, brazing, soldering, flame spraying, sand blasting, abrasive 
    jet machining, electrical discharge machining, electrochemical 
    machining, electron beam machining, laser beam machining, plasma arc 
    machining, ultrasonic machining, sintering, laminating, hot dip 
    coating, sputtering, vapor plating, thermal infusion, salt bath 
    descaling, solvent degreasing, paint stripping, painting, electrostatic 
    painting, electropainting, vacuum metalizing, assembly, calibration, 
    testing, and mechanical plating.
        Facilities which manufacture transportation equipment, industrial 
    and commercial machinery will utilize many of the same unit operations 
    listed above. Aside from the specific unit operations, other types of 
    industrial activity are shared by facilities covered by this section. 
    For example, the majority of these facilities have outdoor material 
    handling and storage activities, and share the same types of raw, 
    scrap, and waste materials.
        The primary raw materials utilized by this industry group include 
    ferrous and nonferrous metals, such as aluminum, copper, iron, steel 
    and alloys of these metals; either in raw form or as intermediate 
    products. These metals are typically received at loading/unloading 
    docks and are taken to outdoor storage areas (e.g., stockpiles, holding 
    bins) before manufacturing.
        Besides metals, other raw materials are utilized in the 
    manufacturing process. These materials include paints, solvents (e.g., 
    paint thinners, degreasers), chemicals (e.g., acids, bases, liquid 
    gases), fuels (e.g., gasoline and diesel fuel), lubricating and cutting 
    oils, and plastics. These materials are typically stored in bins, 
    tanks, and/or 55 gallon drums outdoors on wooden pallets or concrete 
    pads. They are used during the unit operations to cool and lubricate 
    the metals (oils), clean metal parts (solvents, acids, bases), and coat 
    metal parts before shipment (plastics, paints). Intermediate products 
    are also sometimes stored outdoors before shipment or further 
    manufacturing. 
    
    [[Page 51056]]
    These products may have residues of oils, solvents and metal particles, 
    which are potential sources of pollutants to storm water discharges. 
    Similarly, scrap metal will have the same residues, and is almost 
    always stored outdoors in bins before being sold to scrap metal 
    recyclers.
        The manufacturing process produces several types of hazardous and 
    nonhazardous wastes. Hazardous wastes including paint wastes, solvent 
    wastes, and sludge wastes are generated in small quantities at the 
    facilities within this industrial group. Paint wastes result from 
    painting operations and consist of paints and paint thinners. Solvent 
    wastes result from metal cutting, shaping, and cleaning operations. As 
    the metals are manufactured into different parts and treated with 
    various chemicals, the different assembly parts must be cleaned with 
    solvents to remove any chemical residues and rinsed with water. The 
    metal parts are subject to more cleaning with detergents to remove the 
    solvents and chemical residues and rinsed again with water to remove 
    the detergents. Sludge wastes are generated when wastewater discharges 
    from painting, plating, finishing and parts cleaning operations are 
    treated, and is generally shipped offsite for disposal. Hazardous 
    wastes are stored in 55 gallon drums outdoors before shipment and may 
    be exposed to storm water discharges.
        Nonhazardous wastes from this industry group include glass, tires, 
    used wooden pallets, used equipment and machinery, as well as plastics 
    and rubber wastes. All of these waste materials are stored outdoors and 
    have the potential to pollute storm water discharges. Storm water 
    runoff from these materials could include solids, oils, solvents and 
    other pollutants generated in the manufacturing process.
        Air emissions from stacks and ventilation systems are potential 
    areas for exposure of materials to storm water discharges. Facilities 
    which have high levels of engine exhaust from the manufacturing 
    equipment, paint residue, and particulates in fumes from metal 
    processing activities such as cutting, grinding, shaping, and welding, 
    are subject to having particulate in the air emissions that may pollute 
    storm water discharges.
        Material handling activities such as loading and unloading areas 
    may be exposed to storm water discharges. These are areas where 
    significant materials are received and shipped at the facilities. 
    Exposure of these materials to storm water may be minimized by having 
    shipping/receiving areas under cover.
        For those facilities engaged in fueling and vehicle maintenance, 
    gasoline and diesel fuel are frequently stored outdoors in aboveground 
    storage tanks and 55 gallon drums. Most vehicles and equipment also 
    require oil, hydraulic fluids, antifreeze, and other fluids that may 
    leak and contaminate storm water discharges. The discharges from these 
    areas are addressed elsewhere in today's permit.
    2. Pollutants Found in Storm Water Discharges From Facilities Which 
    Manufacture Transportation Equipment, Industrial or Commercial 
    Machinery
        The impact of industrial activities at facilities which manufacture 
    transportation equipment, industrial or commercial machinery on storm 
    water discharges will vary. Factors at a site which influence the water 
    quality include geographic location, hydrogeology, the industrial 
    activities exposed to storm water discharges, the facility's size, the 
    types of pollution prevention measures/best management practices in 
    place, and the type, duration, and intensity of storm events. Taken 
    together or separately, these factors determine how polluted the storm 
    water discharges will be at a given facility. For example, scrap piles 
    may be a significant source of pollutants at some facilities, while 
    particulate stack emissions may be the primary pollutant source at 
    others. Additionally, pollutant sources other than storm water, such as 
    illicit connections, spills, and other improperly dumped materials, may 
    increase the pollutant loading discharged into Waters of the United 
    States.
        Table AB-1 lists industrial activities that commonly occur at 
    transportation equipment, industrial or commercial machinery 
    manufacturers, the pollutant sources at these facilities, and 
    pollutants that are associated with these activities. Table AB-1 
    identifies oil and grease, TSS, organics, and other parameters as 
    potential pollutants associated with facilities covered by this 
    section.
    
         Table AB-1.--Description of Industrial Activities, Potential Pollutant Sources, and Possible Pollutants    
    ----------------------------------------------------------------------------------------------------------------
               Activity                         Pollutant source                            Pollutants              
    ----------------------------------------------------------------------------------------------------------------
    Outdoor Material Loading/       Wooden pallets, castings, foundry sand,  TSS, turbidity, dust, oil and grease,  
     Unloading.                      limestone, spills/leaks from material    organics.                             
                                     handling equipment, solvents.                                                  
    Outdoor Material and Equipment  Foundry sand, limestone, used            TSS, turbidity, dust, oil and grease,  
     Storage.                        equipment, above ground tanks, scrap     heavy metals, and organics.           
                                     metal, oil and grease, raw materials                                           
                                     (e.g., aluminum, steel, iron, copper),                                         
                                     castings, solvents, acids, and paints.                                         
    ----------------------------------------------------------------------------------------------------------------
    Source: NPDES Storm Water Group Applications--Part 1. Received by EPA, March 18, 1991 through December 31, 1992.
    
        Based on the similarities of the facilities included in this sector 
    in terms of industrial activities and significant materials, EPA 
    believes it is appropriate to discuss the potential pollutants at 
    industrial and commercial machinery and transportation equipment 
    manufacturing facilities as a whole and not subdivide this sector. 
    Therefore, Table AB-2 lists data for selected parameters from 
    facilities in the industrial and commercial machinery and 
    transportation equipment manufacturing sector. These data include the 
    eight pollutants that all facilities were required to monitor for under 
    Form 2F, as well as any additional pollutants with median 
    concentrations higher than the benchmarks.
    
                                                                                                                    
    
    [[Page 51057]]
     Table AB-2.--Statistics for Selected Pollutants Reported by Industrial and Commercial Machinery and Transportation Equipment Manufacturing Facilities Submitting Part II Sampling Data i (mg/L)
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                           No. of        No. of samples          Mean               Minimum              Maximum              Median          95th percentile      99th percentile  
                                         facilities    ---------------------------------------------------------------------------------------------------------------------------------------------
          Pollutant Sample type      ------------------                                                                                                                                             
                                        Grab   Comp ii    Grab     Comp     Grab      Comp      Grab      Comp       Grab       Comp      Grab      Comp      Grab      Comp       Grab       Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5............................      118      113      207      199    12.5       7.32      0.0       0.0      513.0      226.0        6.0       5.0     33.3      23.10      63.8       43.90 
    COD.............................      119      114      204      194    68.2      47.20      0.0       0.0      940.0      610.0       37.6      30.50   228.9     142.4      469.7      261.9  
    Nitrate + Nitrite Nitrogen......      119      113      206      193     1.13      1.20      0.00      0.0       19.20      28.0        0.58      0.46     4.00      3.74       8.79       8.43 
    Total Kjeldahl Nitrogen.........      118      113      204      194     2.30      1.68      0.00      0.0       55.00      30.0        1.30      1.00     6.57      4.57      12.68       8.11 
    Oil & Grease....................      122      N/A      213      N/A     7.1     N/A         0.0     N/A        223.0      N/A          0.0     N/A       28.1     N/A         92.6      N/A    
    pH..............................      113      N/A      201      N/A   N/A       N/A         4.1     N/A          9.1      N/A          7.1     N/A        8.6     N/A          9.5      N/A    
    Total Phosphorus................      120      115      206      198     0.50      0.48      0.00      0.00      42.00      19.0        0.15      0.13     1.21      1.17       2.70       2.66 
    Total Suspended Solids..........      117      112      203      194   153        97         0         0       6453       3600         30        19      507       339       1501       1022    
    Zinc, Total.....................       61       57      109      103     0.515     0.354     0.000     0.000      8.800      9.000      0.21      0.14     2.070     1.836      5.443      5.297
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as nondetect or below detection limit  
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    
    3. Options for Controlling Pollutants
        In evaluating options for controlling pollutants in storm water 
    discharges, EPA must achieve compliance with the technology-based 
    standards of the Clean Water Act (Best Available Technology (BAT) and 
    Best Conventional Technology). The Agency does not believe that it is 
    appropriate to establish specific numeric effluent limitations or a 
    specific design or performance standard in this sections for storm 
    water discharges associated with industrial activity from facilities 
    which manufacture transportation equipment, industrial or commercial 
    machinery to meet BAT/BCT standards of the Clean Water Act. Instead, 
    this section establishes requirements for the development and 
    implementation of site-specific storm water pollution prevention plans 
    consisting of a set of Best Management Practices (BMPs) that are 
    sufficiently flexible to address different sources of pollutants at 
    different sites.
        Certain BMPs are implemented to prevent and/or minimize exposure of 
    pollutants from industrial activities to storm water discharges. EPA 
    believes the most effective BMPs for reducing pollutants in storm water 
    discharges are exposure minimization practices. Exposure minimization 
    practices lessen the potential for storm water to come into contact 
    with pollutants. Good housekeeping practices ensure that facilities are 
    sensitive to routine and nonroutine activities which may increase 
    pollutants in storm water discharges. The BMPs which address good 
    housekeeping and exposure minimization are easily implemented, 
    inexpensive, and require little, if any, maintenance. BMP expenses may 
    include construction of roofs for storage areas or other forms of 
    permanent cover and the installation of berms/dikes. Other BMPs such as 
    detention/retention ponds and filtering devices may be needed at these 
    facilities because of the contaminant level in the storm water 
    discharges. The types of BMPs implemented will depend on the type of 
    discharge, types and concentrations of contaminants, and the volume of 
    the flow.
        The selection of the most effective BMPs will be based on site-
    specific considerations such as: facility size, climate, geographic 
    location, geology/hydrology and the environmental setting of each 
    facility, and volume and type of discharge generated. Each facility 
    will be unique in that the source, type, and volume of contaminated 
    storm water discharges will differ. In addition, the fate and transport 
    of pollutants in these discharges will vary. EPA believes that the 
    management practices discussed herein are well suited mechanisms to 
    prevent or control the contamination of storm water discharges 
    associated with transportation equipment, industrial or commercial 
    machinery manufacturers.
        Part 1 group application data indicate that BMPs have not been 
    widely implemented at the representative sampling facilities. Less than 
    25 percent of the sampling subgroup reported that they store some 
    materials indoors; less than 10 percent cover loading areas, dumpsters, 
    drums, or above ground tanks; less than 5 percent of the representative 
    facilities utilize waste minimization practices (e.g., recycling or 
    reusing materials).101 Because BMPs described in part 1 data are 
    limited, the following table is provided to identify BMPs that should 
    be considered at facilities which manufacture transportation equipment, 
    industrial or commercial machinery.
    
        \101\ These percentages were based on the information reported 
    in the Part 1 group applications. However, some facilities which 
    utilize these BMPs as part of their daily activities may not 
    recognize these practices as BMPs and as a result did not report 
    this information in their applications.
    
     Table AB-3.--General Storm Water BMPs for Facilities Which Manufacture 
          Transportation Equipment, Industrial, or Commercial Machinery     
    ------------------------------------------------------------------------
             Activity                 Best management practices (BMPs)      
    ------------------------------------------------------------------------
    Outdoor Unloading and      Confine loading/unloading activities to a    
     Loading.                   designated area.                            
                               Consider performing loading/unloading        
                                activities indoors or in a covered area.    
                               Consider covering loading/unloading area with
                                permanent cover (e.g., roofs) or temporary  
                                cover (e.g., tarps).                        
                               Close storm drains during loading/unloading  
                                activities in surrounding areas.            
                               Avoid loading/unloading materials in the     
                                rain.                                       
                               Inspect the unloading/loading areas to detect
                                problems before they occur.                 
                               Inspect all containers prior to loading/     
                                unloading of any raw or spent materials.    
                               Consider berming, curbing, or diking loading/
                                unloading areas.                            
                               Use dry clean-up methods instead of washing  
                                the areas down.                             
                               Train employees on proper loading/unloading  
                                techniques.                                 
    Outdoor Material Storage   Confine storage of materials, parts, and     
     (including waste, and      equipment to designated areas.              
     particulate emission                                                   
     management).                                                           
    
    [[Page 51058]]
                                                                            
                               Consider curbing, berming, or diking all     
                                liquid storage areas.                       
                               Train employees on proper waste control and  
                                disposal.                                   
                               Consider covering tanks.                     
                               Ensure that all containers are closed (e.g., 
                                valves shut, lids sealed, caps closed).     
                               Wash and rinse containers indoors before     
                                storing them outdoors.                      
                               If outside or in covered areas, minimize     
                                runon of storm water by grading the land to 
                                divert flow away from containers.           
                               Inventory all raw and spent materials.       
                               Clean around vents and stacks.               
                               Place tubs around vents and stacks to collect
                                particulate.                                
                               Inspect air emission control systems (e.g.,  
                                baghouses) regularly, and repair or replace 
                                when necessary.                             
                               Store wastes in covered, leak proof          
                                containers (e.g., dumpsters, drums).        
                               Consider shipping all wastes to offsite      
                                landfills or treatment facilities.          
                               Ensure hazardous waste disposal practices are
                                performed in accordance with Federal, State,
                                and local requirements.                     
    ------------------------------------------------------------------------
    Sources: NPDES Storm Water Group Applications--Part 1. Received by EPA, 
      March 18, 1991 through December 31, 1992.                             
    EPA, Office of Water. September 1992. ``Storm Water Management for      
      Industrial Activities: Developing Pollution Prevention Plans and Best 
      Management Practices.'' EPA 832-R-92-006.                             
    
    
    4. Special Conditions
        There are no additional requirements under this section other than 
    those stated in Part III of today's permit .
    5. Storm Water Pollution Prevention Plan Requirements
        EPA believes that pollution prevention is the most effective 
    approach for controlling contaminated storm water discharges from 
    facilities which manufacture transportation equipment, industrial or 
    commercial machinery. The requirements included in the pollution 
    prevention plans provide a flexible framework for the development and 
    implementation of site-specific controls to minimize the pollutants in 
    storm water discharges. This flexibility is necessary because each 
    facility is unique in that the source, type, and volume of contaminated 
    storm water discharge will vary from site to site.
        Under today's permit, all facilities must prepare and implement a 
    storm water pollution prevention plan. The pollution prevention plan 
    requirement reflects EPA's decision to allow operators of 
    transportation equipment, industrial or commercial machinery 
    manufacturing facilities to utilize BMPs as the BAT/BCT level of 
    control for the storm water discharges covered by this section.
        There are two major objectives of a pollution prevention plan: 1) 
    to identify sources of pollution potentially affecting the quality of 
    storm water discharges associated with industrial activity from a 
    facility; and 2) to describe and ensure implementation of practices to 
    minimize and control pollutants in storm water discharges associated 
    with industrial activity from a facility.
        Specific requirements for a pollution prevention plan for 
    transportation equipment, industrial or commercial machinery 
    manufacturing facilities are described below. These requirements must 
    be implemented in addition to the common pollution prevention plan 
    provisions discussed in section VI.C. of today's fact sheet.
        a. Contents of the Plan. Storm water pollution prevention plans are 
    intended to aid operators of transportation equipment, industrial or 
    commercial machinery manufacturing facilities to evaluate all potential 
    prevention sources at a site, and assist in the selection and 
    implementation of appropriate measures designed to prevent, or control, 
    the discharge of pollutants in storm water runoff. EPA has developed 
    guidance entitled ``Storm Water Management for Industrial Activities: 
    Developing Pollution Prevention Plans and Best Management Practices,'' 
    EPA, 1992, (EPA 832-R-92-006) to assist permittees in developing and 
    implementing pollution prevention measures.
        (1) Description of Potential Pollutant Sources. Each storm water 
    pollution prevention plan must describe activities, materials, and 
    physical features of the facility that may contribute pollutants to 
    storm water runoff or, during periods of dry weather, result in dry 
    weather flows. This assessment of potential storm water pollutant 
    source will support subsequent efforts to identify and set priorities 
    for necessary changes in materials, materials management practices, or 
    site features, as well as aid in the selection of appropriate 
    structural and nonstructural control techniques. Plans must describe 
    the following elements:
        (a) Site Map--The plan must contain a map of the site that shows 
    the pattern of storm water drainage, structural and nonstructural 
    features that control pollutants in storm water runoff and process 
    wastewater discharges, surface water bodies (including wetlands), 
    places where significant materials 102 are exposed to rainfall and 
    runoff, and locations of major spills and leaks that occurred in the 3 
    years prior to the date of the submission of a Notice of Intent (NOI) 
    to be covered under this permit. The map must also indicate the 
    direction of storm water flow. An outline of the drainage area for each 
    outfall must be provided; and the location of each outfall and 
    monitoring points must be indicated. An estimate of the total site 
    acreage utilized for each industrial activity (e.g., storage of raw 
    materials, waste materials, and used equipment) must be provided. These 
    areas include liquid storage tanks, stockpiles, holding bins, used 
    equipment, and empty drum storage. 
    
    [[Page 51059]]
    These areas are considered to be significant potential sources of 
    pollutants at facilities which manufacture transportation equipment, 
    industrial or commercial machinery. The site map must also indicate the 
    outfall locations and the types of discharges contained in the drainage 
    areas of the outfalls (e.g. storm water and air conditioner 
    condensate). In order to increase the readability of the map, the 
    inventory of the types of discharges contained in each outfall may be 
    kept as an attachment to the site map.
    
        \102\ Significant materials include, ``* * * but [are] not 
    limited to: raw materials, fuels, materials such as solvents, 
    detergents, and plastic pellets; finished materials such as metallic 
    products; * * * hazardous substances designated under section 
    101(14) of CERCLA; any Chemical facilities are required to report 
    pursuant to section 313 of Title III of SARA; fertilizers; 
    pesticides; and waste products such as ashes, slag, and sludge that 
    have the potential to be released with storm water discharge.'' (40 
    CFR 122.26(b)(12)). Significant materials commonly found at 
    transportation equipment, industrial or commercial machinery 
    manufacturing facilities include raw and scrap metals; solvents; 
    used equipment; petroleum based products; waste materials or by-
    products used or created by the facility.
    ---------------------------------------------------------------------------
    
        (b) Inventory of Exposed Materials--Facility operators are required 
    to carefully conduct an inspection of the site to identify significant 
    materials that are or may be exposed to storm water discharges. The 
    inventory must address materials that within 3 years prior to the date 
    of the submission of a Notice of Intent (NOI) to be covered under this 
    permit have been handled, stored, processed, treated, or disposed of in 
    a manner to allow exposure to storm water. Findings of the inventory 
    must be documented in detail in the pollution prevention plan. At a 
    minimum, the plan must describe the method and location of onsite 
    storage or disposal; practices used to minimize contact of materials 
    with precipitation and runoff; existing structural and nonstructural 
    controls that reduce pollutants in storm water; existing structural 
    controls that limit process wastewater discharges; and any treatment 
    the runoff receives before it is discharged to surface waters or 
    through a separate storm sewer system. The description must be updated 
    whenever there is a significant change in the type or amounts of 
    materials, or material management practices, that may affect the 
    exposure of materials to storm water.
        (c) Significant Spills and Leaks--The plan must include a list of 
    any significant spills and leaks of toxic or hazardous pollutants that 
    occurred in the 3 years prior to the date of the submission of a Notice 
    of Intent (NOI) to be covered under this permit. Significant spills 
    include, but are not limited to, releases of oil or hazardous 
    substances in excess of reportable quantities under Section 311 of CWA 
    (see 40 CFR Section 110.10 and Section 117.21) or Section 102 of the 
    Comprehensive Environmental Response, Compensation and Liability Act 
    (CERCLA) (see 40 CFR Section 302.4). Significant spills may also 
    include releases of oil or hazardous substances that are not in excess 
    of reporting requirements and releases of materials that are not 
    classified as oil or a hazardous substance.
        (d) Non-storm Water Discharges--Each pollution prevention plan must 
    include a certification, signed by an authorized individual, that 
    discharges from the site have been tested or evaluated for the presence 
    of non-storm water, the results of any test and/or evaluation conducted 
    to detect such discharges, the test method or evaluation criteria used, 
    the dates on which tests or evaluations were performed, and the onsite 
    drainage points directly observed during the test or evaluation. 
    Pollution prevention plans must identify and ensure the implementation 
    of appropriate pollution prevention measures for any non-storm water 
    discharges.
        (e) Sampling Data--Any existing data describing the quality or 
    quantity of storm water discharges from the facility must be summarized 
    in the plan. The description should include a discussion of the methods 
    used to collect and analyze the data. Sample collection points should 
    be identified in the plan and shown on the site map.
        (f) Summary of Potential Pollutant Sources--The description of 
    potential pollutant sources should clearly point to activities, 
    materials, and physical features of the facility that have a reasonable 
    potential to contribute significant amounts of pollutants to storm 
    water. Any such activities, materials, or features must be addressed by 
    the measures and controls subsequently described in the plan. In 
    conducting the assessment, the facility operator must consider the 
    following activities: raw materials (liquid storage tanks, stockpiles, 
    holding bins), waste materials (empty drum storage), and used equipment 
    storage areas. The assessment must list any significant pollutant 
    parameter(s) (i.e., total suspended solids, oil and grease, etc.) 
    associated with each source.
        (2) Measures and Controls. Permittees must select, describe, and 
    evaluate the pollution prevention measures, BMPs, and other controls 
    that will be implemented at the facility. Source reduction measures 
    include preventive maintenance, spill prevention, good housekeeping, 
    training, and proper materials management. If source reduction is not 
    an option, EPA supports the use of source control measures. These 
    include BMPs such as material covering, water diversion, and dust 
    control. If source reduction or source control are not available, then 
    recycling or waste treatment are other alternatives. Recycling allows 
    the reuse of storm water, while treatment lowers pollutant 
    concentrations prior to discharge. Since the majority of transportation 
    equipment, industrial or commercial machinery manufacturing occurs 
    indoors, the BMPs identified above are geared towards only those 
    activities occurring outdoors or otherwise have a potential to 
    contribute pollutants to storm water discharges.
        Pollution prevention plans must discuss the reasons each selected 
    control or practice is appropriate for the facility and how each of the 
    potential pollutant sources will be addressed. Plans must identify the 
    time during which controls or practices will be implemented, as well 
    the effect the controls or practices will have on storm water 
    discharges from the site. At a minimum, the measures and controls must 
    address the following components:
        (a) Good Housekeeping--Permittees must describe protocols 
    established to reduce the possibility of mishandling chemicals or 
    equipment and training employees in good housekeeping techniques. 
    Specifics of this plan must be communicated to appropriate plant 
    personnel.
        (b) Preventive Maintenance--Permittees are required to develop a 
    preventive maintenance program that includes regular inspections and 
    maintenance of storm water BMPs. Inspections should assess the 
    effectiveness of the storm water pollution prevention plan. They allow 
    facility personnel to monitor the components of the plan on a regular 
    basis. The use of a checklist is encouraged, as it will ensure that all 
    of the appropriate areas are inspected and provide documentation for 
    recordkeeping purposes.
        (c) Spill Prevention and Response Procedures--Permittees are 
    required to identify proper material handling procedures, storage 
    requirements, containment or diversion equipment, and spill removal 
    procedures to reduce exposure of spills to storm water discharges. 
    Areas and activities which are high risks for spills at transportation 
    equipment, industrial or commercial machinery manufacturing facilities 
    include raw material unloading and product loading areas, material 
    storage areas, and waste management areas. These activities and areas 
    and their drainage points must be described in the plan.
        (d) Inspections--Qualified personnel must inspect designated 
    equipment and areas of the facility at the proper intervals specified 
    in the plan. The plan should identify areas which have the potential to 
    pollute storm water for periodic inspections. Records of inspections 
    must be maintained onsite.
        (e) Employee Training--Permittees must describe a program for 
    informing and educating personnel at all levels of 
    
    [[Page 51060]]
    responsibility of the components and goals of the storm water pollution 
    prevention plan. A schedule for conducting this training should be 
    provided in the plan. Where appropriate, contractor personnel must also 
    be trained in relevant aspects of storm water pollution prevention. 
    Topics for employee training should include good housekeeping, 
    materials management, and spill response procedures. EPA recommends 
    that facilities conduct training annually at a minimum. However, more 
    frequent training may be necessary at facilities with high turnover of 
    employees or where employee participation is essential to the storm 
    water pollution prevention plan.
        (f) Recordkeeping and Internal Reporting Procedures--Permittees 
    must describe procedures for developing and retaining records on the 
    status and effectiveness of plan implementation. This includes the 
    success and failure of BMPs implemented at the facility.
        (g) Sediment and Erosion Control--Permittees must identify areas, 
    due to topography, activities, soils, cover materials, or other factors 
    that have a high potential for soil erosion. Measures to eliminate 
    erosion must be identified in the plan.
        (h) Management of Runoff--Permittees must provide an assessment of 
    traditional storm water management practices that divert, infiltrate, 
    reuse, or otherwise manage storm water so as to reduce the discharge of 
    pollutants. Based on this assessment, practices to control runoff from 
    these areas must be identified and implemented as required by the plan.
        (3) Comprehensive Site Compliance Evaluation. The storm water 
    pollution prevention plan must describe the scope and content of 
    comprehensive site inspections that qualified personnel will conduct 
    to: (1) Confirm the accuracy of the description of potential sources 
    contained in the plan, (2) determine the effectiveness of the plan, and 
    (3) assess compliance with the terms and conditions of this section. 
    Comprehensive site compliance evaluations must be conducted once a year 
    for transportation equipment, industrial or commercial machinery 
    manufacturing facilities. The individual(s) who will conduct the 
    evaluations must be identified in the plan and should be members of the 
    pollution prevention team. Evaluation reports must be retained for at 
    least 3 years after the date of the evaluation.
        Based on the results of each evaluation, the description of 
    potential pollution sources, and measures and controls, the plan must 
    be revised as appropriate within 2 weeks after each evaluation. Changes 
    in the measures and controls must be implemented on the site in a 
    timely manner, never more than 12 weeks after completion of the 
    evaluation.
    6. Numeric Effluent Limitation
        There are no additional numeric effluent limitations under this 
    section other than those included in part V.B of the permit.
    7. Monitoring and Reporting Requirements
        a. Monitoring Requirements. The regulatory modifications at 40 CFR 
    122.44 (i)(2) established on April 2, 1992, grant permit writers the 
    flexibility to reduce monitoring requirements in storm water discharge 
    permits. EPA has determined that the potential for storm water 
    discharges to contain pollutants above benchmark levels, because of the 
    industrial activities and materials exposed to precipitation, does not 
    support sampling at facilities that manufacture transportation 
    equipment, industrial, or commercial machinery. Based on a 
    consideration of the BMPs typically used at these facilities, and 
    generally low pollutant values from the application data, EPA believes 
    that the pollution prevention plan with visual examinations of storm 
    water discharges will help to ensure storm water contamination is 
    minimized. Under the Storm Water Regulations at 40 CFR 122.26(b)(14), 
    EPA defined ``storm water discharge associated with industrial 
    activity''. The focus of today's permit is to address the presence of 
    pollutants that are associated with the industrial activities 
    identified in this definition and that might be found in storm water 
    discharges. Under the methodology for determining analytical monitoring 
    requirements, described in section VI.E.1 of this fact sheet, zinc is 
    above the bench mark concentrations for the industrial and commercial 
    machinery and transportation equipment sector. After a review of the 
    nature of industrial activities and the significant materials exposed 
    to storm water described by facilities in this sector, EPA has 
    determined that the higher concentrations of zinc are not likely to be 
    caused by the industrial activity, but may be primarily due to non-
    industrial activities on-site. Today's permit does not require 
    industrial and commercial machinery and transportation equipment 
    facilities to conduct analytical monitoring for this parameter. Because 
    permittees are not required to conduct sampling, they will be able to 
    focus their resources on developing and implementing the pollution 
    prevention plan.
        Quarterly visual examinations of a storm water discharge from each 
    outfall are required at transportation equipment, industrial, or 
    commercial machinery manufacturing facilities. The examination must be 
    of a grab sample collected from each storm water outfall. The 
    examination of storm water grab samples shall include any observations 
    of color, odor, turbidity, floating solids, foam, oil sheen, or other 
    obvious indicators of storm water pollution. The examinations must be 
    conducted in a well lit area. No analytical tests are required to be 
    performed on these samples.
        The examination must be made at least once in each designated 
    period during daylight hours unless there is insufficient rainfall or 
    snow-melt to runoff. EPA expects that, whenever practicable, the same 
    individual should carry out the collection and examination of 
    discharges throughout the life of the permit to ensure the greatest 
    degree of consistency possible. Examinations shall be conducted in each 
    of the following periods for the purposes of inspecting storm water 
    quality associated with storm water runoff and snow melt: January 
    through March; April through June; July through September; October 
    through December. Grab samples shall be collected within the first 30 
    minutes (or as soon thereafter as practical, but not to exceed 1 hour) 
    of when the runoff begins discharging. Reports of the visual include: 
    the examination date and time, examination personnel, visual quality of 
    the storm water discharge, and probable sources of any observed storm 
    water contamination. The visual examination reports must be maintained 
    onsite with the pollution prevention plan.
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly visual examination.
        EPA believes that this quick and simple assessment will help the 
    permittee to determine the effectiveness of his/her plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the chemical properties of the storm water discharged from the 
    site, the examination will provide meaningful results upon which the 
    facility may act quickly. The frequency of this visual examination will 
    also allow for timely adjustments to be made to the plan. If BMPs are 
    performing ineffectively, corrective 
    
    [[Page 51061]]
    action must be implemented. A set of tracking or follow-up procedures 
    must be used to ensure that appropriate actions are taken in response 
    to the examinations. The visual examination is intended to be performed 
    by members of the pollution prevention team. This hands-on examination 
    will enhance the staff's understanding of the storm water problems on 
    that site and the effects of the management practices that are included 
    in the plan.
        When a discharger is unable to collect samples over the course of 
    the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examinations. Adverse weather conditions which 
    may prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        As discussed above, EPA does not believe that chemical monitoring 
    is necessary for facilities that manufacture transportation equipment, 
    industrial, or commercial machinery. EPA believes that between 
    quarterly visual examinations and site compliance evaluations potential 
    sources of contaminants can be recognized, addressed, and then 
    controlled with BMPs. In determining the monitoring requirements, EPA 
    considered the nature of the industrial activities and significant 
    materials exposed at these sites, and performed a review of data 
    provided in Part 2 group applications.
    
    AC. Storm Water Discharges Associated With Industrial Activity From 
    Facilities That Manufacture Electronic and Electrical Equipment and 
    Components, Photographic and Optical Goods
    
    1. Discharges Covered Under This Section
        This sector covers storm water discharges associated with 
    industrial activity from electronic and electrical equipment 
    manufacturing facilities (SIC major group 36); measuring, analyzing, 
    and controlling instruments, photographic, medical and optical goods, 
    and watches and clocks manufacturing facilities (SIC major group 38); 
    and computer and office equipment manufacturing facilities (SIC 357).
        More specifically, the group of electronic and electrical equipment 
    and components manufacturers includes manufacturers of electricity 
    distribution equipment such as transformers and switch-gear, electrical 
    industrial equipment such as motors and generators, household 
    appliances, electric lighting and wiring equipment such as light bulbs 
    and lighting fixtures, and audio and video equipment including 
    phonograph records and audio tapes and disks. Also included are 
    manufacturers of communication equipment including telephone and 
    telegraph equipment, radio and television equipment, electronic 
    components such as printed circuit boards and semiconductors and 
    related devices, and miscellaneous electrical items such as batteries 
    and electrical equipment for automobiles.
        The group of analyzing, and controlling instruments, photographic, 
    medical and optical goods, and watches and clocks manufacturers 
    includes facilities which manufacture search, detection, navigation, or 
    guidance systems such as radar and sonar equipment, measurement and 
    control instruments and laboratory apparatus, surgical, medical and 
    dental instruments and supplies, photographic equipment and supplies, 
    and watches and clocks.
        The computer and office equipment manufacturers group includes 
    manufacturers of computers, computer storage devices, and peripheral 
    equipment for computers such as printers and plotters. Manufacturers of 
    miscellaneous office machines are also included in this group.
        The SIC codes of the facilities covered by this section are in 
    category (xi) of the definition of storm water discharges associated 
    with industrial activity. Storm water discharges from facilities in 
    this category are only regulated where precipitation and storm water 
    runon come into contact with areas associated with industrial 
    activities, and significant materials. Significant materials include, 
    but are not limited to, raw materials, waste products, fuels, finished 
    products, intermediate products, by-products, and other materials 
    associated with industrial activities.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
    2. Pollutants Found in Storm Water Discharges
        a. Sources of Pollutants. As noted in the preamble to the final 
    storm water application regulations of November 16, 1990, most of the 
    actual manufacturing and processing activity at these types of 
    facilities normally occurs indoors (55 FR 48008).
        Additional information concerning these manufacturing processes and 
    the industrial sector itself can be found in the following documents: 
    ``Development Document for Effluent Limitations Guidelines and 
    Standards for the Electrical and Electronics Components Point Source 
    Category, Phase I,'' EPA 440/1-83/075; ``Development Document for 
    Effluent Limitations Guidelines and Standards for the Electrical and 
    Electronic Components Point Source Category, Phase II,'' EPA 440/1-84/
    075; ``Development Document for Existing Source Pretreatment Standards 
    for the Electroplating Point Source Category,'' EPA 440/1-79/003; and 
    ``Development Document for Effluent Limitations Guidelines and 
    Standards for the Metal Finishing Point Source Category,'' EPA 440/1-
    83/091.
        The types of activities at these facilities where exposure to storm 
    water may occur consist primarily of loading/unloading activities, and 
    the storage and handling of raw materials, by-products, final products 
    or waste products. A wide variety of materials are used at these 
    facilities including metals, acids used for chemical etching, alkaline 
    solutions, solvents, various oils and fuels and miscellaneous 
    chemicals. Tanks or drums of these materials may be exposed to storm 
    water during loading/un-loading operations, or through outdoor storage 
    or handling at some facilities.
        Liquid wastes which may be exposed at least temporarily include 
    spent solvents and acids, miscellaneous chemicals and oily wastes. 
    These wastes may be contaminated with a variety of heavy metals and 
    chlorinated hydrocarbons. Used equipment, scrap metal and wire, soiled 
    rags and sanding materials may also be exposed to storm water and 
    constitute a potential source of pollutants. In addition, some 
    facilities reported that dumpsters containing non-
    
    [[Page 51062]]
    hazardous wastes or manufacturing debris may be exposed to storm water.
        Table AC-1 lists potential pollutant sources from activities that 
    commonly take place at facilities which manufacture electronic and 
    electrical equipment and components, photographic and optical goods.
    
                                          Table AC-1.--Common Pollutant Sources                                     
    ----------------------------------------------------------------------------------------------------------------
                  Activity                          Pollutant source                         Pollutants             
    ----------------------------------------------------------------------------------------------------------------
    Outdoor Material Loading/Unloading..  Wooden pallets, spills/leaks from     TSS, oil and grease, organics.      
                                           material handling equipment, raw                                         
                                           materials, finished products,                                            
                                           solvents.                                                                
    Outdoor Material and Equipment        Sulfuric acid, alkaline solutions,    Organics, oil and grease, acids,    
     Storage.                              solvents miscellaneous chemicals,     alkalinity, heavy metals.          
                                           oily wastes, lead, silver, copper,                                       
                                           zinc, spent solvents and acids,                                          
                                           scrap metal and wire, oily rags.                                         
    ----------------------------------------------------------------------------------------------------------------
    
        b. Storm Water Sampling Results. Based on the similarities of the 
    facilities included in this sector in terms of industrial activities 
    and significant materials, EPA believes it is appropriate to discuss 
    the potential pollutants at electronic and electric equipment and 
    photographic and optical goods manufacturing facilities as a whole and 
    not subdivide this sector. Therefore, Table AC-2 lists data for 
    selected parameters from facilities in the electronic and electric 
    equipment and photographic and optical goods manufacturing sector. This 
    data includes the eight pollutants which all facilities were required 
    to monitor for under Form 2F, as well as the pollutants that EPA has 
    determined may merit further monitoring.
    
     Table AC-2.--Statistics for Selected Pollutants Reported by Electronic and Electrical Equipment and Photographic and Optical Goods Manufacturing Facilities Submitting Part II Sampling Data i 
                                                                                                 (mg/L)                                                                                             
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                               No. facilities    No. of samples           Mean                 Minimum               Maximum               Median            95th percentile       99th percentile  
     Pollutant ofsample type -----------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                Grab   Comp ii    Grab     Comp      Grab       Comp       Grab       Comp       Grab       Comp       Grab       Comp       Grab       Comp       Grab       Comp  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    BOD5....................       25       22       64       56      8.8        7.48       0.0        0.0       54.0      139.0        5.5        5.10      27.2       17.92      48.9       30.08 
    COD.....................       25       22       65       56     59.2       36.3        0.0        0.0      450.0      220.0       46.0       24.0      173.3      122.2      304.9      235.5  
    Nitrate + Nitrite                                                                                                                                                                               
     Nitrogen...............       25       22       64       57      0.83       0.66       0.00       0.0        6.97       2.54       0.51       0.51       2.63       1.56       4.99       2.40 
    Total Kjeldahl Nitrogen.       25       22       64       58      1.45       1.34       0.00       0.0       10.20      13.6        1.05       1.01       4.26       4.22       7.41       7.68 
    Oil & Grease............       25      N/A       69      N/A      0.6      N/A          0.0      N/A          9.0      N/A          0.0      N/A          3.5      N/A          8.3      N/A    
    pH......................       25      N/A       69      N/A    N/A        N/A          5.0      N/A          8.8      N/A          7.5      N/A          9.0      N/A          9.7      N/A    
    Total Phosphorus........       24       21       64       57      1.50       1.02       0.00       0.0       80.10      44.4        0.13       0.16       1.86       1.72       4.93       4.40 
    Total Suspended Solids..       24       22       63       56     89         67          0          0        610        716         29         14        424        262       1209        722    
    Aluminum, Total.........        4        4        4        4      3.05       0.60       0.00       0.00       9.40       1.00       1.40       0.70      15.37       1.34      29.78       1.75 
    Zinc, Total.............       16       14       51       48      0.163      0.152      0.000      0.000      1.101      1.200      0.09       0.09       0.563      0.500      1.060      0.940 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit 
      were assumed to be 0.                                                                                                                                                                         
    ii Composite samples.                                                                                                                                                                           
    
    3. Options for Controlling Pollutants
        In evaluating options for controlling pollutants in storm water 
    discharges, EPA must achieve compliance with the technology-based 
    standards of the Clean Water Act [Best Available Technology (BAT) and 
    Best Conventional Technology]. The Agency does not believe that it is 
    appropriate to establish specific numeric effluent limitations or a 
    specific design or performance standard in this section for storm water 
    discharges associated with industrial activity from facilities which 
    manufacture electronic and electrical equipment and components, and 
    photographic and optical goods to meet BAT/BCT standards of the Clean 
    Water Act. Instead, this section establishes requirements for the 
    development and implementation of site-specific storm water pollution 
    prevention plans consisting of a set of Best Management Practices 
    (BMPs) that are sufficiently flexible to address different sources of 
    pollutants at different sites.
        Certain BMPs are implemented to prevent and/or minimize exposure of 
    pollutants from industrial activities to storm water discharges. EPA 
    believes the most effective BMPs for reducing pollutants in storm water 
    discharges are exposure minimization practices. Exposure minimization 
    practices lessen the potential for storm water to come into contact 
    with pollutants. Good housekeeping practices ensure that facilities are 
    sensitive to routine and nonroutine activities which may increase 
    pollutants in storm water discharges. The BMPs which address good 
    housekeeping and exposure minimization are easily implemented, 
    inexpensive, and require little, if any, maintenance. BMP expenses may 
    include construction of roofs for storage areas or other forms of 
    permanent cover and the installation of berms/dikes. Other BMPs such as 
    detention/retention ponds and filtering devices may be needed at these 
    facilities because of the contaminant level in the storm water 
    discharges. The types of BMPs implemented will depend on the type of 
    discharge, types and concentrations of contaminants, and the volume of 
    the flow.
        The selection of the most effective BMPs will be based on site-
    specific considerations such as: facility size, climate, geographic 
    location, geology/hydrology and the environmental setting of each 
    facility, and volume and type of discharge generated. Each facility 
    will be unique in that the source, type, and volume of contaminated 
    storm water discharges will differ. In addition, the fate and transport 
    of pollutants in these discharges will vary. EPA believes that the 
    management practices discussed herein are well suited mechanisms to 
    prevent or control the contamination of storm water discharges 
    associated with manufacturers of electronic and electrical equipment 
    and components, and photographic and optical goods.
        Part 1 group application data indicated that the most widely 
    implemented BMPs are spill prevention and response techniques (used by 
    approximately 68 percent of the sampling facilities) and waste 
    minimization practices (employed by approximately 54 percent of the 
    sampling facilities). However, less than 
    
    [[Page 51063]]
    30 percent of the sampling subgroup reported that they use covering; 
    approximately 3 percent have roofs over their raw materials; and less 
    than 3 percent store raw materials indoors.103 Because BMPs 
    described in part 1 data are generally limited, Table AC-3 is provided 
    to identify BMPs associated with activities that routinely occur at 
    manufacturers of electronic and electrical equipment and components, 
    and photographic and optical goods.
    
        \103\ These percentages were based on the information reported 
    in the Part 1 group applications. However, some facilities which 
    utilize these BMPs as part of their daily activities may not 
    recognize these practices as BMPs and as a result did not report 
    this information in their applications.
    
      Table AC-3.--General Storm Water BMPs for Manufacturers of Electronic 
     and Electrical Equipment and Components, Photographic and Optical Goods
    ------------------------------------------------------------------------
             Activity                 Best management practices (BMPs)      
    ------------------------------------------------------------------------
    Outdoor Unloading and      Confine loading/unloading activities to a    
     Loading.                   designated area.                            
                               Consider performing loading/unloading        
                                activities indoors or in a covered area.    
                               Consider covering loading/unloading area with
                                permanent cover (e.g., roofs) or temporary  
                                cover (e.g., tarps).                        
                               Close storm drains during loading/unloading  
                                activities in surrounding areas.            
                               Avoid loading/unloading materials in the     
                                rain.                                       
                               Inspect the unloading/loading areas to detect
                                problems before they occur.                 
                               Inspect all containers prior to loading/     
                                unloading of any raw or spent materials.    
                               Consider berming, curbing, or diking loading/
                                unloading areas.                            
                               Dead-end sump where spilled materials could  
                                be directed.                                
                               Drip pans under hoses.                       
                               Use dry clean-up methods instead of washing  
                                the areas down.                             
                               Train employees on proper loading/unloading  
                                techniques and spill prevention and         
                                response.                                   
    Outdoor Material Storage   Confine storage of materials, parts, and     
     (including waste, and      equipment to designated areas.              
     particulate emission                                                   
     management).                                                           
                               Consider secondary containment using curbing,
                                berming, or diking all liquid storage areas.
                               Train employees in spill prevention and      
                                response techniques.                        
                               Train employees on proper waste control and  
                                disposal.                                   
                               Consider covering tanks.                     
                               Ensure that all containers are closed (e.g., 
                                valves shut, lids sealed, caps closed).     
                               Wash and rinse containers indoors before     
                                storing them outdoors                       
                               If outside or in covered areas, minimize     
                                runon of storm water by grading the land to 
                                divert flow away from containers.           
                               Leak detection and container integrity       
                                testing.                                    
                               Direct runoff to onsite retention pond.      
                               Inventory all raw and spent materials.       
                               Clean around vents and stacks.               
                               Place tubs around vents and stacks to collect
                                particulate.                                
                               Inspect air emission control systems (e.g.,  
                                baghouses) regularly, and repair or replace 
                                when necessary.                             
                               Store wastes in covered, leak proof          
                                containers (e.g., dumpsters, drums).        
                               Consider shipping all wastes to offsite      
                                landfills or treatment facilities.          
                               Ensure hazardous waste disposal practices are
                                performed in accordance with Federal, State,
                                and local requirements.                     
    ------------------------------------------------------------------------
    Sources: NPDES Storm Water Group Applications--Part 1. Received by EPA, 
      March 18, 1991, through December 31,1992.                             
    EPA, Office of Water. September 1992. ``Storm Water Management for      
      Industrial Activities: Developing Pollution Prevention Plans and Best 
      Management Practices.'' EPA 832-R-92-006.                             
    
    4. Special Conditions
        There are no additional requirements under this section other than 
    those stated in Part VI.B of this fact sheet.
    5. Storm Water Pollution Prevention Plan Requirements
        There are no additional requirements beyond those described in Part 
    VI.C. of this fact sheet.
    6. Numeric Effluent Limitations
        No numeric effluent limitations are included for facilities in this 
    sector, beyond those described in Part V.B. of today's permit.
    7. Monitoring and Reporting Requirements
        a. Monitoring Requirements. The regulatory modifications at 40 CFR 
    122.44 (i)(2) established on April 2, 1992, grant permit writers the 
    flexibility to reduce monitoring requirements in storm water discharge 
    permits. EPA has determined that the potential for storm water 
    discharges to contain pollutants above benchmark levels, because of the 
    industrial activities and materials exposed to precipitation, does not 
    support sampling at facilities that manufacture electronic and 
    electrical equipment and components, photographic, and optical goods. 
    Under the Storm Water Regulations at 40 CFR 122.26(b)(14), EPA defined 
    ``storm water discharge associated with industrial activity''. The 
    focus of today's permit is to address the presence of pollutants that 
    are associated with the industrial activities identified in this 
    definition and that might be found in storm water discharges. Under the 
    methodology for determining analytical monitoring requirements, 
    described in section VI.E.1 of this fact sheet, aluminum and zinc are 
    above the bench mark concentrations for the electronic, electric, 
    photographic and optical goods sector. After a review of the nature of 
    industrial activities and the significant materials exposed to storm 
    water described by facilities in this sector, EPA has determined that 
    the higher concentrations of aluminum and zinc 
    
    [[Page 51064]]
    are not likely to be caused by the industrial activity, but may be 
    primarily due to non-industrial activities on-site. Today's permit does 
    not require electronic, electric, photographic and optical goods 
    facilities to conduct analytical monitoring for these parameters.
        Based on a consideration of the BMPs typically used at these 
    facilities, and generally low pollutant values from the application 
    data, EPA believes that the pollution prevention plan with visual 
    examinations of storm water discharges will help to ensure storm water 
    contamination is minimized. Because permittees are not required to 
    conduct analytical monitoring, they will be able to focus their 
    resources on developing and implementing the pollution prevention plan.
        Quarterly visual examination of a storm water discharge from each 
    outfall are required. The examination must be of a grab sample 
    collected from each storm water outfall. The examination of storm water 
    grab samples shall include any observations of color, odor, turbidity, 
    floating solids, foam, oil sheen, or other obvious indicators of storm 
    water pollution. The examination must be conducted in a well lit area. 
    No analytical tests are required to be performed on these samples.
        The examination must be made at least once in each designated 
    period during daylight hours unless there is insufficient rainfall or 
    snow-melt to runoff. Whenever practicable, the same individual should 
    carry out the collection and examination of discharges throughout the 
    life of the permit to ensure the greatest degree of consistency 
    possible. Examinations shall be conducted in each of the following 
    periods for the purposes of inspecting storm water quality associated 
    with storm water runoff and snow melt: January through March; April 
    through June; July through September; October through December. Grab 
    samples shall be collected within the first 30 minutes (or as soon 
    thereafter as practical, but not to exceed 1 hour) of when the runoff 
    begins discharging. Reports of the visual examination include: the 
    examination date and time, examination personnel, visual quality of the 
    storm water discharge, and probable sources of any observed storm water 
    contamination. The visual examination reports must be maintained onsite 
    with the pollution prevention plan.
        EPA realizes that if a facility is inactive and unstaffed it may be 
    difficult to collect storm water discharge samples when a qualifying 
    event occurs. Today's final permit has been revised so that inactive, 
    unstaffed facilities can exercise a waiver of the requirement to 
    conduct quarterly visual examination.
        EPA believes that this quick and simple assessment will help the 
    permittee to determine the effectiveness of his/her plan on a regular 
    basis at very little cost. Although the visual examination cannot 
    assess the chemical properties of the storm water discharged from the 
    site, the examination will provide meaningful results upon which the 
    facility may act quickly. The frequency of this visual inspection will 
    also allow for timely adjustments to be made to the plan. If BMPs are 
    performing ineffectively, corrective action must be implemented. A set 
    of tracking or follow-up procedures must be used to ensure that 
    appropriate actions are taken in response to the inspections. The 
    visual examination is intended to be performed by members of the 
    pollution prevention team. This hands-on examination will enhance the 
    staff's understanding of the storm water problems on that site and the 
    effects of the management practices that are included in the plan.
        When a discharger is unable to collect samples over the course of 
    the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examinations. Adverse weather conditions which 
    may prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        As discussed above, EPA does not believe that analytical monitoring 
    is necessary for facilities that manufacture electronic and electrical 
    equipment and components, photographic, and optical goods. EPA believes 
    that between quarterly visual examinations and site compliance 
    evaluations potential sources of contaminants can be recognized, 
    addressed, and then controlled with BMPs. In determining the monitoring 
    requirements, EPA considered the nature of the industrial activities 
    and significant materials exposed at these sites, and performed a 
    review of data provided in Part 2 group applications.
    
    IX. Paperwork Reduction Act
    
        EPA has reviewed the requirements imposed on regulated facilities 
    in this proposed multi-sector general permit under the Paperwork 
    Reduction Act of 1980, 44 U.S.C. 3501 et seq. The information 
    collection requirements in today's permit have already been approved by 
    the Office of Management and Budget (OMB) in previous submissions made 
    for the NPDES permit program under the provisions of the Clean Water 
    Act.
    
    X. 401 Certification
    
        Section 401 of the CWA provides that no Federal license or permit, 
    including NPDES permits, to conduct any activity that may result in any 
    discharge into navigable waters, shall be granted until the State in 
    which the discharge originates certifies that the discharge will comply 
    with the applicable provisions of Sections 301, 302, 303, 306, and 307 
    of the CWA. The Section 401 certification process has been completed 
    for all States, Indian lands, and Federal facilities covered by today's 
    general permit. The following summary indicates where additional permit 
    requirements have been added as a result of the certification process 
    and also provides a more detailed discussion of additional requirements 
    for the District of Columbia, Louisiana, New Mexico, Oklahoma, Texas, 
    Arizona, and Washington State.
    
    Region I
    
    Connecticut: Indian lands only, no 401 conditions.
    Maine: No 401 conditions.
    Maine Indian lands: No 401 conditions.
    Massachusetts: No 401 conditions.
    Massachusetts: Indian lands only, no 401 conditions.
    New Hampshire: no 401 conditions.
    New Hampshire: Indian lands only, no 401 conditions.
    Rhode Island: Indian lands only, no 401 conditions.
    Vermont: Indian lands only, no 401 conditions.
    Vermont: Federal facilities only, no 401 conditions.
    
    Region II
    
    Puerto Rico: no 401 conditions.
    Puerto Rico: Federal facilities only, no 401 conditions.
    
    Region III
    
    District of Columbia: see the following and Part XII of the permit for 
    401 conditions.
    
        The District of Columbia has added the following permit conditions 
    in order to protect water quality in the District. A copy of all storm 
    water pollution prevention plans required under the permit shall be 
    submitted to the District of Columbia's Department of Consumer and 
    Regulatory Affairs, Environmental 
    
    [[Page 51065]]
    Regulation Administration, for review and approval.
        District of Columbia: Federal facilities only, see the following 
    and Part XII for 401 conditions.
        The District of Columbia has added the following permit conditions 
    for Federal facilities in order to protect the quality of waters in the 
    District and surrounding areas including the Chesapeake Bay. Any 
    Federal facility regulated by this permit shall include in its storm 
    water management plan required by this permit the following additional 
    items: current nitrogen and phosphorus loads, current fertilizer usage, 
    current exterior pesticide usage, and current urea for deicing usage; 
    volume of any storm water diverted to the sanitary sewer from roof 
    leaders or other connections and the volume of any ground water 
    diverted to the sanitary sewer; proposed reductions in nutrient and 
    pesticides loads in accordance with the Chesapeake Bay Restoration 
    goals; any Federal facility regulated by this permit, which manages 
    significant quantities of animals or animal wastes, shall provide in 
    the storm water management plan an accounting of these animal wastes, 
    and nutrient control measures for avoiding, reducing, or eliminating 
    runoff of these animal wastes; and any Federal facility regulated by 
    this permit whose storm water discharges to a combined sewer shall 
    study, or contribute to any joint study, the impact of its storm water 
    discharge(s) on combined sewer overflows, and address potential 
    solution(s) to avoid, reduce, or eliminate the combined sewer overflows 
    caused by its storm water discharge(s). In addition, a copy of all 
    storm water pollution prevention plans required under the permit shall 
    be submitted to the District of Columbia's Department of Consumer and 
    Regulatory Affairs, Environmental Regulation Administration, for review 
    and approval.
        Delaware: Federal facilities only, no 401 conditions.
    
    Region IV
    
        Florida: no 401 conditions.
    
    Region VI
    
        Louisiana: see the following and Part XII of the permit for 401 
    conditions.
        In accordance with the Louisiana Coastal Zone Management Program 
    (LRS 49:214), all facilities whose activities occur in, or have an 
    effect on, the designated costal zone of Louisiana, must obtain an 
    individual coastal zone consistency concurrence, permit, or waiver from 
    the Coastal Management Division of the Louisiana Department of Natural 
    Resources. These facilities are provided with an address to help in 
    determining if they have responsibilities for obtaining clearance from 
    the Louisiana Department of Natural Resources. These facilities cannot 
    be eligible for coverage under this NPDES permit unless they have 
    fulfilled their responsibilities under the Louisiana Coastal Zone 
    Management Program. This is a condition of certification from the State 
    of Louisiana (letter June 29, 1995).
        As a condition for certification under Section 401 of the CWA, the 
    State of Louisiana (letter dated February 1, 1995) required inclusion 
    of the following limitations necessary to insure compliance with State 
    water quality standards. These limitations are required under Louisiana 
    Annotated Code 33:IX.708 (LAC 33:IX.708).
        (1) General Limitations become effective on the effective date of 
    the permit.
    
    ------------------------------------------------------------------------
                                                                     Daily  
                              Parameter                             maximum 
                                                                     (mg/l) 
    ------------------------------------------------------------------------
    Total Organic Carbon (TOC)...................................         50
    Oil & Grease.................................................         15
    ------------------------------------------------------------------------
    
        (2) Oil & Gas Exploration and Production Facility requirements 
    become effective on the effective date of the permit.
    
    ------------------------------------------------------------------------
                                                                     Daily  
                              Parameter                             maximum 
                                                                     (mg/l) 
    ------------------------------------------------------------------------
    Chemical Oxygen Demand (COD).................................        100
    Total Organic Carbon (TOC)...................................         50
    Oil & Grease.................................................         15
    ------------------------------------------------------------------------
    
        Chlorides: (a) Maximum chloride concentration of the discharge 
    shall not exceed two times the ambient concentration of the receiving 
    water in brackish marsh areas.
        (b) Maximum chloride concentration of the discharge shall not 
    exceed 500 mg/l in freshwater or intermediate marsh areas and upland 
    areas.
        Monitoring requirements for Total Organic Carbon (TOC) and Oil and 
    Grease have been added to all facilities required to monitor annually 
    or semi-annually. Facilities without monitoring requirements must 
    insure the pollution prevention plan will insure compliance with these 
    effluent limitations. The definitions of brackish marsh, freshwater 
    marsh, intermediate marsh, upland area, and saline marsh at LAC 
    33:IX.708 have been included in Part X. of the permit.
        Louisiana: Federal Indian Reservations only, no 401 conditions.
        New Mexico: see the following and Part XII of the permit for 401 
    conditions.
        As a condition for certification under Section 401 of the CWA, the 
    State of New Mexico required inclusion of the following conditions 
    necessary to insure compliance with State water quality standards 
    (letter dated June 16, 1995). These conditions apply to permittees with 
    facilities discharging into waters of the State of New Mexico. This 
    testing requirement is in addition to any other monitoring required 
    under the permit.
        Results of the testing requirement is to be reported only to the 
    State of New Mexico at the address given in the permit. A copy of the 
    data shall be kept with the Pollution Prevention Plan.
        New Mexico: Federal Indian Reservations only, no 401 conditions.
        Oklahoma: see the following and Part XII of the permit for 401 
    conditions.
        Under section 301 of the CWA and 40 CFR 122.44, EPA is required to 
    include permit conditions necessary to insure compliance with more 
    stringent conditions of State law. The proposed permit included 
    requirements based on the 1988 Oklahoma Water Quality Standards, 
    prohibiting new point source discharges to several classes of high 
    quality waterbodies of the State. The final permit conditions reflect 
    the requirements of Oklahoma Annotated Code Title 785, chapter 45 (OAC 
    785:45-5-25), effective June 25, 1992.
        In order to comply with OAC 785:45-5-25, the permit will not 
    authorize any new point source discharge of storm water associated with 
    industrial activity to ``new'' point source discharges of storm water 
    associated with industrial activity (those commencing after the June 
    25, 1992, effective date of the Oklahoma Water Quality Standards--OAC 
    785:45) to the following waters:
        (i) Waterbodies designated as ``outstanding Resource Waters'' and/
    or ``Scenic Rivers'' in appendix A of the Oklahoma Water Quality 
    Standards;
        (ii) Oklahoma waterbodies located within the watersheds of 
    waterbodies designated as ``Scenic Rivers'' in appendix A of the 
    Oklahoma Water Quality Standards; and
        (iii) Waterbodies located within the boundaries of Oklahoma Water 
    Quality Standards appendix B areas which are specifically designated as 
    ``Outstanding Resource Waters'' in appendix A of the Oklahoma Water 
    Quality Standards.
        In addition to this general permit exclusion on coverage, the 
    Agency would like to emphasize the OAC 785:45-5-25 also prohibits the 
    issuance of any NPDES discharge permit (other than for storm water 
    runoff from temporary construction activity) for new point source 
    discharges to ORWs or 
    
    [[Page 51066]]
    Scenic Rivers, that commences after June 25, 1992.
        Outstanding Resource Waters and Scenic Rivers are located in the 
    following river basins identified in Oklahoma Water Quality Standards.
        Basin 1--Middle Arkansas River: Barren Fork and certain listed 
    tributaries; and the Upper Illinois River above Barren Fork confluence 
    and certain listed tributaries.
        Basin 2--Lower Arkansas River: Lee Creek and certain listed 
    tributaries.
        Basin 4--Lower Red River: Upper Mountain Fork River and certain 
    listed tributaries.
        For specific applicability, or a complete listing of affected 
    waterbodies, permittees should refer to the Oklahoma Water Quality 
    Standards, appendices A and B, or contact the Oklahoma Water Resources 
    Board.
        Oklahoma: Federal Indian Reservations only, no 401 conditions.
        Texas: see the following and Part XII of the permit for 401 
    conditions.
        As a condition for certification under section 401 of the CWA, the 
    State of Texas required inclusion of the following conditions necessary 
    to insure compliance with State water quality standards.
        The following effluent limitations are required under the Texas 
    Water Quality Standards (31 TAC 319.22 and 319.23). All pollution 
    prevention plans developed pursuant to this permit must enable the 
    discharger to comply with the limitations listed below.
    All Discharges to Inland Waters
        The maximum allowable concentrations of each of the hazardous 
    metals, stated in terms of milligrams per liter (mg/l), for discharges 
    to inland waters are as follows:
    
    ------------------------------------------------------------------------
                                       Monthly        Daily                 
              Total metal              average      composite    Single grab
    ------------------------------------------------------------------------
    Arsenic.......................         0.1           0.2            0.3 
    Barium........................         1.0           2.0            4.0 
    Cadmium.......................         0.05          0.1            0.2 
    Chromium......................         0.5           1.0            5.0 
    Copper........................         0.5           1.0            2.0 
    Lead..........................         0.5           1.0            1.5 
    Manganese.....................         1.0           2.0            3.0 
    Mercury.......................         0.005         0.005          0.01
    Nickel........................         1.0           2.0            3.0 
    Selenium......................         0.05          0.1            0.2 
    Silver........................         0.05          0.1            0.2 
    Zinc..........................         1.0           2.0            6.0 
    ------------------------------------------------------------------------
    
    All Discharges to Tidal Waters
        The maximum allowable concentrations of each of the hazardous 
    metals, stated in terms of milligrams per liter (mg/l), for discharges 
    to tidal waters are as follows:
    
    ------------------------------------------------------------------------
                                       Monthly        Daily                 
              Total metal              average      composite    Single grab
    ------------------------------------------------------------------------
    Arsenic.......................         0.1           0.2            0.3 
    Barium........................         1.0           2.0            4.0 
    Cadmium.......................         0.1           0.2            0.3 
    Chromium......................         0.5           1.0            5.0 
    Copper........................         0.5           1.0            2.0 
    Lead..........................         0.5           1.0            1.5 
    Manganese.....................         1.0           2.0            3.0 
    Mercury.......................         0.005         0.005          0.01
    Nickel........................         1.0           2.0            3.0 
    Selenium......................         0.1           0.2            0.3 
    Silver........................         0.05          0.1            0.2 
    Zinc..........................         1.0           2.0            6.0 
    ------------------------------------------------------------------------
    
        The definitions of ``inland'' and ``tidal'' waters has been 
    included in part XI.E of the Texas permit. Inland waters are those not 
    defined as tidal waters. Tidal waters include those waters of the Gulf 
    of Mexico within the jurisdiction of the State of Texas, bays and 
    estuaries thereto, and those portions of the river systems which are 
    subject to the ebb and flow of the tides, and to the intrusion of 
    marine waters.
        All facilities that have demonstrated significant lethality, which 
    has not been controlled, shall continue to perform WET testing in 
    accordance with the State specified requirements. The Texas Surface 
    Water Quality Standards contain a whole effluent toxicity standard 
    requiring discharges to exhibit greater than 50% survival of the 
    appropriate test organisms in 100% effluent for a 24-hour period (i.e., 
    24-hr LC50 > 100%). As a condition for certification, the State 
    required modification of the toxicity test protocol contained in the 
    permit to conform to that specified to demonstrate compliance with the 
    State standard. The results of the toxicity testing will be used to 
    insure that facilities which have exhibited toxicity in the past will 
    be required to continue monitoring for whole effluent toxicity and 
    identify discharges that will require more stringent pollution 
    prevention plans and/or individual or alternative general permit 
    coverage.
        Texas: Federal Indian Reservations only, no 401 conditions.
    
    Region IX
    
        Arizona: see the following and Part XII of the permit for 401 
    conditions.
        Arizona: Federal facilities only, see the following and Part XII of 
    the permit for 401 conditions.
        In order to ensure compliance with the requirements of the State of 
    Arizona, discharges authorized by this permit shall not cause or 
    contribute to a violation of any applicable water quality 
    
    [[Page 51067]]
    standard of the State of Arizona (Arizona Administrative Code, Title 
    18, Chapter 11). Notices of Intent, Notices of Termination, and for 
    those facilities subject to monitoring and reporting requirements, 
    Discharge Monitoring Report Form(s) and other required monitoring 
    information shall be submitted to the State of Arizona Department of 
    Environmental Quality at the following address: Storm Water 
    Coordinator, Arizona Department of Environmental Quality, 3033 N. 
    Central Avenue, Phoenix, Arizona 85012.
        NOIs submitted to the State of Arizona shall include the well 
    registration number if storm water associated with industrial activity 
    is discharged to a dry well or an injection well.
        SARA Section 313 (Community Right to Know) Facilities are subject 
    to the following additional requirement: liquid storage areas for 
    Section 313 water priority chemicals shall be operated to minimize 
    discharges of Section 313 chemicals. Appropriate measures to minimize 
    discharges of Section 313 chemicals shall include secondary containment 
    provided for at least the entire contents of the largest tank plus 
    sufficient freeboard to allow for the 25-year, 24-hour precipitation 
    event, a strong spill contingency and integrity testing plan, and/or 
    other equivalent measures.
        All facilities with any portion of the facility that is located at 
    or below the Base Elevation shall delineate on the site map those 
    portions of the facility that are located at or below the Base 
    Elevation.
        The following definitions are added to Part X of the permit:
        ``Significant Sources of Non-Storm Water''--includes, but is not 
    limited to discharges which could cause or contribute to violations of 
    water quality standards of the State of Arizona, and discharges which 
    could include releases of oil or hazardous substances in excess of 
    reportable quantities under Section 311 of the Clean Water Act (see 40 
    CFR 110.10 and CFR 117.21) or Section 102 of CERCLA (see CFR 302.4).
        ``Base Elevation''--elevation of a surface waterbody having a one 
    percent chance of being equaled or exceeded during any given year.
        Arizona: Federal Indian Reservations only (including those portions 
    of the Navajo Reservation located outside Arizona), no 401 conditions.
        California: Federal Indian Reservations only, no 401 conditions.
        Nevada: Federal Indian Reservations only (including those portions 
    of the Duck Valley, Fort McDermitt, and Goshute Reservations located 
    outside Nevada), no 401 conditions.
        Johnston Atoll: no 401 conditions.
        Johnston Atoll: Federal facilities only, no 401 conditions.
        Midway and Wake Island: no 401 conditions.
        Midway and Wake Island: Federal facilities only, no 401 conditions.
    
    Region X
    
        Alaska: Federal Indian Reservations only, no 401 conditions.
        Idaho: no 401 conditions.
        Idaho: Federal Indian Reservations only (except the Duck Valley 
    Reservation lands which are handled by Region IX), no 401 conditions.
        Idaho: Federal facilities only, no 401 conditions.
        Oregon: Federal Indian Reservations only, no 401 conditions.
        Washington: Federal Indian Reservations only, no 401 conditions.
        Washington: Federal facilities only, see the following and Part XII 
    of the permit for 401 conditions.
        In order to ensure compliance with the requirements of the State of 
    Washington, discharges authorized by this permit shall not cause or 
    contribute to a violation of any applicable water quality standard of 
    the State of Washington, specifically Chapter 173-201A WAC Surface 
    Water Quality Standards, Chapter 173-204 WAC Sediment Standards, and 
    the National Toxics Rule for human health related to water quality 
    standards.
    
    XI. Regulatory Flexibility Act
    
        Under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., EPA is 
    required to prepare a Regulatory Flexibility Analysis to assess the 
    impact of rules on small entities. Under 5 U.S.C. 605(b), no Regulatory 
    Flexibility Analysis is required where the head of the Agency certifies 
    that the rule will not have a significant economic impact on a 
    substantial number of small entities.
        Today's permit will provide any small entity the opportunity to 
    obtain storm water permit coverage as a result of the group application 
    process. Group applications provided small entities a mechanism to 
    reduce their permit application burden by grouping together with other 
    industrial facilities and submitting a common permit application with 
    reduced monitoring requirements and shared costs. The group application 
    information submitted to EPA provided a basis for the development of 
    storm water permit conditions tailored specifically for each industry. 
    The permit requirements have been designed to minimize significant 
    administrative and economic impacts on small entities and should not 
    have a significant impact on industry in general. Moreover, the permit 
    reduces a significant burden on regulated sources of applying for 
    individual permits.
        Accordingly, I hereby certify pursuant to 5 U.S.C. 605(b) that this 
    permit will not have a significant impact on a substantial number of 
    small entities.
    
        Authority: Clean Water Act, 33 U.S.C. 1251 et seq.
    
    XII. Unfunded Mandates Reform Act
    
        Under section 202 of the Unfunded Mandates Reform Act of 1995 
    (``Unfunded Mandates Act''), which was signed into law on March 22, 
    1995, EPA must prepare a written statement to accompany any rules with 
    Federal mandates that may result in estimated costs to State, local, or 
    tribal governments in the aggregate, or to the private sector, of $100 
    million or more in any one year. When such a statement is required for 
    EPA rules, under section 205 of the Unfunded Mandates Act, EPA must 
    identify and consider alternatives, including the least costly, most 
    cost-effective or least burdensome alternative that achieves the 
    objective of such a rule. EPA must select that alternative, unless the 
    Administrator explains in the final rule why it was not selected or it 
    is inconsistent with law. Before EPA establishes regulatory 
    requirements that significantly or uniquely affect small governments, 
    including tribal governments, it must develop under section 203 of the 
    Unfunded Mandates Act a small government agency plan. The plan must 
    provide for meaningful and timely input in the development of EPA 
    regulatory proposals with significant Federal intergovernmental 
    mandates, and informing, educating, and advising them on compliance 
    with the regulatory requirements.
        In response to the requirements of the Unfunded Mandates Act, the 
    Act generally excludes from the definition of a ``Federal 
    intergovernmental mandate'' (in sections 202, 203, and 205) duties that 
    arise from participation in a voluntary Federal program. A municipal 
    discharger of storm water associated with industrial activity may 
    voluntarily elect to seek coverage under today's multi-sector general 
    permit rather than obtain an individual permit or coverage under a 
    baseline general permit. Coverage under today's permit, therefore, is 
    voluntary in that the permit does not automatically apply to any 
    particular entity. Thus, it imposes no Federal intergovernmental 
    mandate within the meaning of the Act.
        Small government agency plans under section 203, on the other hand, 
    are required when small governments may 
    
    [[Page 51068]]
    be significantly or uniquely affected by regulatory requirements. 
    ``Regulatory requirements'' arguably include the requirements of this 
    permit should a municipality seek to be covered under the permit. EPA 
    envisions that some municipalities may elect to seek coverage under 
    this permit for certain storm water discharges, for example, from the 
    following types of industrial activity: hazardous waste treatment, 
    storage, and disposal; industrial landfills, land application sites and 
    open dumps; scrap and waste material recycling; steam electric power 
    generation; ground transportation (local and suburban transit, 
    interurban highway passenger transportation, including railroads, 
    petroleum bulk stations, and motor freight transportation); air 
    transportation; domestic waste water treatment; and water 
    transportation. Any such permit requirements, however, do not 
    significantly affect small governments because they are subject to the 
    same requirements as other entities whose duties result from today's 
    rule. Permit requirements also do not uniquely affect small governments 
    because compliance with the permit's conditions affects small 
    governments in the same manner as other entities seeking coverage under 
    the permit. Thus, any applicable requirements of section 203 have been 
    satisfied.
        The regulated community that may seek coverage under this general 
    permit, including small governments, have been involved in the 
    development of this permit and, therefore, have had notice of the 
    requirements that they may incur under this permit. EPA has prepared 
    permit Fact Sheets to accompanying this permit in order to inform and 
    educate permit applicants about how to comply with the terms of the 
    permit. EPA has already published instructional guidance: Developing 
    Pollution Prevention Plans for Construction and (other) Industrial 
    Activity (1992), NPDES Storm Water Sampling Guidance Document, 833/B-
    92-001 (July 1992), and Guidance for the Preparation of Discharge 
    Monitoring Reports: Facilities required to Report Semi-annual 
    Monitoring Results Under NPDES Storm Water General Permits, 833/B-93-
    002 (rev. April 1994). Therefore, EPA encourages any small governments 
    that may seek coverage under this multi-sector general permit to refer 
    to that instructional guidance, as well as contact EPA Regional storm 
    water coordinators listed in the Permit Fact Sheet for any additional 
    assistance such small governments may require.
        Accordingly, I hereby certify pursuant to the provisions of the 
    Regulatory Flexibility Act, that these permits will not have a 
    significant impact on a substantial number of small entities.
    
        Authority: Clean Water Act, 33 USC 1251 et seq.
    
        Dated: August 29, 1995.
    Marley Laing,
    Acting Regional Administrator, Region I.
    
        Accordingly, I hereby certify pursuant to the provisions of the 
    Regulatory Flexibility Act, that these permits will not have a 
    significant impact on a substantial number of small entities.
    
        Authority: Clean Water Act, 33 USC 1251 et seq.
    
        Dated: August 16, 1995.
    Jeanne M. Fox,
    Regional Administrator, Region II.
    
        Accordingly, I hereby certify pursuant to the provisions of the 
    Regulatory Flexibility Act, that these permits will not have a 
    significant impact on a substantial number of small entities.
    
        Authority: Clean Water Act, 33 USC 1251 et seq.
    
        Dated: September 11, 1995.
    Stanley L. Laskowski,
    Acting Regional Administrator, Region III.
    
        Accordingly, I hereby certify pursuant to the provisions of the 
    Regulatory Flexibility Act, that these permits will not have a 
    significant impact on a substantial number of small entities.
    
        Authority: Clean Water Act, 33 USC 1251 et seq.
    
        Dated: September 11, 1995.
    Patrick M. Tobin,
    Acting Regional Administrator, Region IV.
    
        Accordingly, I hereby certify pursuant to the provisions of the 
    Regulatory Flexibility Act, that these permits will not have a 
    significant impact on a substantial number of small entities.
    
        Authority: Clean Water Act, 33 USC 1251 et seq.
    
        Dated: September 12, 1995.
    William G. Laxton,
    Acting Regional Administrator, Region VI.
    
        Accordingly, I hereby certify pursuant to the provisions of the 
    Regulatory Flexibility Act, that these permits will not have a 
    significant impact on a substantial number of small entities.
    
        Authority: Clean Water Act, 33 USC 1251 et seq.
    
        Dated: August 24, 1995.
    Alexis Strauss,
    Acting Regional Administrator, Region 9.
    
        Accordingly, I hereby certify pursuant to 5 U.S.C. 605(b) that this 
    permit will not have a significant impact on a substantial number of 
    small entities.
    
        Dated: September 11, 1995.
    Chuck Clarke,
    Regional Administrator, Region 10.
    
    Appendix A--Summary of Responses to Public Comments on the November 19, 
    1993, Proposed Draft Multi-Sector Storm Water General Permit
    
        The following discussion is a summary of the major issues 
    identified by EPA that were raised regarding the storm water multi-
    sector industrial general permit during the public comment period, 
    along with EPA's response to each major issue. This summary aggregates 
    comments by similarity of the issues and does not discuss each and 
    every public comment that was received on the proposed permit. A 
    comprehensive discussion of each comment that was raised is provided in 
    a separate detailed response to comment document which is maintained by 
    EPA as a part of the record for this permit issuance action. The first 
    part of this appendix responds to the major issues raised by commenters 
    during the comment period and the second part responds to key industry-
    specific issues.
    
    Eligibility of Non-Group Members
    
        As proposed, the multi-sector storm water general permit may 
    provide discharge authorization for any industrial activity described 
    in the coverage sections of the twenty-nine industrial sectors that 
    have point source discharges of storm water to waters of the United 
    States or to a municipal separate storm sewer system and which meet the 
    general eligibility provisions of the permit. Coverage under the 
    permit, as proposed, was allowed for owners and operators of these 
    types of industrial activities regardless of whether or not they 
    participated in a group application. Several commenters expressed 
    concern that owners/operators of facilities which did not participate 
    in the group application process will be eligible for coverage under 
    the multi-sector general permit, and suggested that only those 
    facilities that participated in the group process be allowed coverage 
    under the permit.
        EPA set forth the storm water permit application process (including 
    group applications) in the storm water regulations published in 
    November, 1990 (55 FR 47990). EPA's strategy, as stated in this notice, 
    was to regulate storm water discharges from industrial activity by 
    promulgating a baseline general permit for most industrial dischargers 
    (Tier 1), and then to develop more specific industry and/or watershed 
    general permits (Tiers 2 & 3). An integral part of the process to 
    develop 
    
    [[Page 51069]]
    the multi-sector storm water general permit, which is similar to a Tier 
    3 permit (industry-specific), was the assimilation of the industry-
    specific data gathered from the group applications. It was always EPA's 
    intention to utilize this information in the development of permits to 
    cover all applicable facilities, and to provide the resulting permit as 
    a model to States for use in State permitting programs. In the preamble 
    to these regulations on pages 48027 and 48028, EPA made it clear that 
    the group application process would lead to either general permits for 
    large groups of similar discharges or to individual permits for 
    individual facilities. EPA did not commit to issue permits that were 
    open only to group members. The concept of the general permit implies 
    wide-ranging issuance to all eligible facilities.
        Given the large number of group applications and the similarity 
    between groups, EPA chose to develop and propose one general permit 
    with twenty-nine different industry sectors covering all the industries 
    represented in the group applications, rather than issue twenty-nine 
    separate sector general permits, one by one, to each and every group. 
    Likewise, EPA chose not to issue a separate and distinct ``group'' 
    permit to each and every group because of the similarity between 
    groups, in the industrial activities, significant materials stored 
    exposed to storm water and the material management practices employed, 
    as reported in the group application information. Given the similarity 
    of the industrial activities represented in the group applications, 
    twenty-nine sectors represented were determined by EPA as a reasonable 
    grouping of the industries that participated in the group process. EPA 
    further believes that the use of the twenty-nine sectors provides a 
    fair and reasonable method for permitting each industry group that 
    participated in the group application process.
        To make the best use of the proposed multi-sector general permit, 
    EPA chose not to limit coverage under this general permit to those 
    facilities that only participated in the group process. The application 
    information provided by the groups was extremely valuable in preparing 
    the permit and has resulted in an accurate and more applicable 
    industrial permit for the types of facilities represented in the 
    applications. EPA is not precluded or restricted from utilizing 
    information gathered from particular types of applications submitted to 
    the Agency during the application process, and accordingly, coverage 
    under today's general permit will remain available to all industrial 
    facilities that meet the eligibility criteria of the permit, whether or 
    not they participated in a group application.
    
    Choice Between Baseline and Multi-Sector Permit
    
        In the fact sheet for the proposed multi-sector general permit, EPA 
    stated that group applicants could seek coverage under the baseline 
    general permit rather than under this multi-sector general permit, but 
    noted that certain deadlines for pollution prevention plan preparation 
    and implementation had already expired for existing facilities under 
    the baseline permit. Commenters supported the option that group 
    applicants be allowed to chose coverage under either the multi-sector 
    general permit or the baseline general permit once the multi-sector 
    permit is issued in final. In addition, commenters requested that group 
    applicants choosing to obtain coverage under the baseline general 
    permit not be required to prepare a pollution prevention plan prior to 
    submitting an NOI. These comments raise two issues: (1) Should group 
    applicants be allowed to apply for coverage under the baseline general 
    permit after the permit's October 1, 1992 deadline for existing 
    facilities to apply for coverage; and (2) should the deadlines in the 
    baseline general permit for pollution prevention plan preparation and 
    implementation, sampling, etc. be waived for facilities filing for 
    coverage after the October 1, 1992 deadline.
        EPA will allow group applicants to submit an NOI for coverage under 
    either today's multi-sector general permit or the baseline general 
    permit. Although Part II.A.6 of the baseline general permit currently 
    allows existing facilities to submit an NOI for coverage after October 
    1, 1992, the Agency reserves the right to limit coverage under the 
    baseline general permit at a later date.
        EPA will not, however, extend compliance deadlines in the baseline 
    general permit for facilities that participated in the group 
    application process. Group applicants had the opportunity to apply for 
    the baseline general permit in a timely manner. It would be 
    inappropriate for EPA to favor group applicants over facilities that 
    complied with the baseline general permit by allowing them more time to 
    come into compliance. Additionally, extending the baseline permit 
    deadlines would require a modification of the baseline general permit, 
    which is beyond the scope of today's final rule.
    
    Consolidation of the Group Applications Into 29 Industry Sectors
    
        Over 1,200 group applications were submitted to EPA pursuant to the 
    group application option contained in 40 CFR 122.26(c)(2). As the group 
    application option progressed, many of the groups dropped out leaving 
    approximately 700 groups. Based on the similarity of many of the 
    groups, and to maintain a manageable number of permits to be issued, 
    EPA consolidated the approximately 700 groups into 29 industrial 
    sectors, and developed BMP and monitoring requirements for each sector.
        EPA received 50 comments regarding the consolidation of group 
    applications. Thirty-eight comments objected to consolidation, while 12 
    comments expressed support. Another 38 comments suggested that the 29 
    industrial sectors should be divided into additional subsectors. Some 
    commenters that objected to consolidation suggested that the use of SIC 
    codes as one of the underpinnings for consolidation was inappropriate 
    because SIC codes are based on economic activity, and are not meant to 
    be indicative of an industry sector's affect on the quality of storm 
    water runoff. Some commenters suggested that the consolidation process 
    failed to take into account the climatic variations of different 
    geographic regions across the country. Other commenters objected to the 
    consolidation process on the basis that it represented a significant 
    departure from the group application process as described in the 
    preamble to the storm water permit application regulations published on 
    November 16, 1990 (55 FR 48024). Some comments expressed disappointment 
    that the group applications were not handled in a more 
    ``individualized'' manner, and one comment suggested that the group 
    application consolidation process violated the Administrative Procedure 
    Act (APA).
        Many of the commenters that expressed objections to the 
    consolidation of the group applications offered alternative 
    suggestions. Most recommended that additional sectors or subsectors be 
    established, and it was also suggested that the general permit include 
    a provision allowing industries the option of petitioning for the 
    creation of subsectors during the term of the permit. Other suggestions 
    included establishing minimum activity requirements that trigger 
    monitoring requirements, or deleting the priority/nonpriority 
    monitoring structure altogether. 
    
    [[Page 51070]]
    
        For the final general permit, EPA has retained the 29 industrial 
    sectors as listed in the proposed rule, with the addition of 
    supplementary subsectors that establish specific monitoring 
    requirements for different types of facilities within industrial 
    sectors. In response to comments expressing concern over monitoring 
    requirements that apply to all facilities within the priority sectors, 
    the Agency re-evaluated the monitoring data submitted by facilities in 
    the 29 industrial sectors, and modified the methodology for determining 
    the types of facilities that are required to conduct storm water 
    monitoring. Accordingly, the final general permit has been changed to 
    focus monitoring requirements on industrial sub-sectors which, 
    according to the submitted monitoring data, pose the greatest potential 
    risk to storm water runoff quality. The final permit also provides the 
    opportunity for facilities in sub-sectors that are subject to storm 
    water monitoring to apply the alternative certification provisions (see 
    section VI.E.3 of the Fact Sheet). The alternative certification 
    provisions provide facilities an opportunity to reduce or avoid storm 
    water monitoring requirements under certain circumstances and is 
    discussed in more detail below.
        As noted above, some commenters questioned whether the 
    consolidation process was consistent with NPDES and APA regulations. 
    EPA conducted a thorough review of the consolidation process for 
    consistency with the NPDES regulations. Section 122.28(a)(2)(i) allows 
    EPA to issue general permits for ``storm water point sources;'' this 
    section does not in any way limit or qualify the types of sources 
    subject to regulation. EPA also has broad regulatory discretion 
    regarding geographic boundaries pursuant to section 122.28(a)(1). In 
    developing the general permit, the Agency attempted to strike a balance 
    between recognizing the variety of facilities that comprise the group 
    applicants and developing a permitting process that could be 
    administered without an undue expenditure of Agency resources. In 
    summary, all actions taken by EPA, including the consolidation process, 
    are also within the discretion accorded to the Agency under the Clean 
    Water Act and NPDES regulations.
        In regards to consistency with the APA, Section 553 of the APA 
    requires that public notice and opportunity for public comment be 
    provided for all rulemakings. EPA published the proposed NPDES General 
    Permit for Storm Water Discharges From Industrial Activities in the 
    Federal Register and provided a 90-day comment period on November 19, 
    1993 (58 FR 61146). Public hearings were also held in the EPA Regions. 
    Furthermore, EPA invited comment on the 29 sector consolidation. These 
    efforts by the Agency are consistent with the provisions of the APA.
        As noted earlier, some commenters suggested that the use of SIC 
    codes were inappropriate as a basis for consolidating industrial 
    facilities into 29 industrial sectors. EPA notes that the nature of the 
    industrial activities, as described in the group application 
    information, in conjunction with SIC codes are an appropriate basis for 
    sector consolidation. Although SIC codes are used to categorize 
    industries based on economic activities, these codes are generally 
    grouped together based on similar industrial activities. In addition, 
    EPA was aware of the differences and similarities among the facilities 
    included in a particular sector based upon the group application data 
    that was submitted by the participants. Using this information in 
    conjunction with the activity descriptors in the SIC codes, EPA was 
    able to appropriately group similar industrial activities into the 29 
    sectors.
    
    Credit for Group Members
    
        EPA requested and received 75 comments that addressed the issue of 
    whether EPA should grant some form of credit for facilities that 
    participated in the group application process. Specifically, these 
    commenters objected to EPA developing a permit that applies not only to 
    group applicants but also to facilities that did not participate in the 
    group application process. Thus, many of these commenters are seeking 
    credit for the costs they incurred in the preparation of group permit 
    applications.
        A majority of the commenters expressed a desire for reduced 
    monitoring as compensation for completing the sampling requirements and 
    submitting the data for Part 1 and Part 2 of the application process. 
    Specific suggestions included exemptions from one of the four samples 
    taken during the first year, from the second year of monitoring, or 
    from the first five years of monitoring. Other commenters suggested 
    that EPA allow the monitoring requirements to be left to the discretion 
    of the States and that civil fines be waived for inadvertent non-
    compliance of group members. In response to these comments, EPA wants 
    to clarify that it is not allowing exemptions from monitoring 
    requirements based on whether a facility participated in the group 
    application process. EPA based the monitoring requirements in the 
    permit on data submitted during the application process and does not 
    intend to allow those facilities to conduct less frequent monitoring 
    because of their participation in the group application process. 
    Rather, facilities that participated in the group application process 
    are actually in a position to benefit from the permit in the sense that 
    this permit is tailored directly to their industrial sector and is 
    based specifically on information provided in their group application. 
    Facilities that did not participate in group applications will be 
    required to comply with the permit conditions regardless of their site-
    specific circumstances.
        Many commenters also expressed concern that the multi-sector permit 
    would be available to non-group members. Although EPA regrets that the 
    group application process did not produce the results that some 
    participants hoped for, it would be a misuse of tax dollars to limit 
    coverage under the multi-sector permit to group members and then 
    develop another permit for non-group members. However, EPA would like 
    to point out that facilities that participated in the group application 
    process are in compliance with the permit application requirements 
    under the storm water program, whereas facilities that did not 
    participate in a group application and that are not covered under 
    another permit are not in compliance and remain subject to enforcement 
    action until covered by a permit.
        Several other commenters suggested providing compensation for group 
    members by waiving permit fees equal to the amount spent on data 
    collection fees. In response, EPA is unable to devise an equitable 
    manner for credit to be provided in this way.
        Finally, some commenters advocated that group members be either 
    exempted from the NOI submittal requirement or allowed to at least 
    submit one NOI for the group. Other commenters suggested that the dates 
    for submitting NOIs be extended for group members and that previously 
    submitted NOIs be accepted. In today's general permit requirements, EPA 
    requires each facility seeking coverage under the permit to submit 
    their own NOI form. This requirement allows EPA to successfully track 
    every facility covered by the permit. It will also increase the 
    likelihood that facility operators will read the permit and makes 
    enforcement actions easier to implement. EPA believes this is a 
    justifiable requirement because the NOI form is a simple one-page form 
    that requires little effort to complete. 
    
    [[Page 51071]]
    
        In summary, EPA believes that credit has been provided to the group 
    application members through the group application process. This 
    included a reduced burden in submitting a permit application over the 
    individual application option and reduced storm water sampling 
    requirements for the application. With industry-specific information 
    upon which to base the proposed multi-sector storm water permit, group 
    applicants will be issued a more applicable and tailored storm water 
    discharge permit which better takes into account the characteristics of 
    each industry sector.
    
    Storm Water Runon
    
        The owner or operator of a regulated industrial facility with point 
    source discharges of storm water is responsible for the storm water 
    discharges that leave its property and enter waters of the U.S. or a 
    municipal separate storm sewer system. There are instances, however, 
    whereby the storm water that is discharged at least partially consists 
    of storm water flowing onto the facility from a nearby facility or 
    property (referred to here as ``runon'').
        Commenters have requested clarification of the permit language on 
    the issue of runon. One commenter asked for a provision to be added to 
    the permit that would relieve facilities from any responsibility for 
    pollutants present in storm water runon which is eventually discharged 
    from their property. The commenter also indicated that runon from 
    adjacent sites cannot always be separated from onsite discharges.
        Today's general permit does not change the provisions related to 
    runon. Facilities that discharge point sources of storm water 
    associated with industrial activity, even if it includes offsite runon, 
    remain responsible for the permitting of those discharges. Such 
    facilities which seek coverage under today's permit must address storm 
    water runon in their storm water pollution prevention plan (storm water 
    pollution prevention plan). If a facility cannot effectively address 
    the runon problem in their storm water pollution prevention plan, then 
    the facility should contact their NPDES permitting authority for 
    assistance on how to deal with the runon problem. In addition, the 
    facility may chose to monitor the runon to document that the source of 
    pollutants is offsite. By doing so, a facility with a runon problem may 
    be better able to show that the pollutant source is offsite and that 
    their pollution prevention plan is adequately addressing all onsite 
    sources. Offsite facilities which are the source of the contaminated 
    runon could be designated by the permitting authority as a co-permittee 
    with the adjacent facility and jointly develop a storm water pollution 
    prevention plan, and perform any monitoring which may be required to 
    address the situation. They may also be designated as a separate 
    permittee by the permitting authority.
    
    Acceptance of Group Application in Lieu of an NOI
    
        A number of commenters suggest EPA exempt members of approved group 
    applications from the Notice of Intent (NOI) submittal requirements. 
    The commenters indicate these facilities should automatically be 
    covered under today's permit because they have already satisfied the 
    NPDES storm water application requirements.
        EPA cannot exempt members of the approved group application from 
    the NOI submittal requirements. Federal regulations under 40 CFR 
    122.28(b)(2) require an NOI for all NPDES general permits for the 
    discharge of storm water associated with industrial activity. EPA 
    cannot assume that all members of the approved group applications wish 
    to be covered by today's permit, or that they satisfy the eligibility 
    provisions of the permit.
    
    Encourage NPDES States To Accept Group Applications
    
        Several commenters requested that EPA require or encourage NPDES-
    authorized States to accept the group applications and/or issue permits 
    based on the multi-sector model.
        EPA has, and continues, to encourage States to make use of the 
    multi-sector general permit for permitting industrial activities. EPA 
    has encouraged States by sending them the original permit and fact 
    sheet and by supporting them with additional information necessary to 
    issue the permit within their States. EPA has also given NPDES States 
    databases of the group application members which allows each State to 
    identify group applicants within their States. EPA will make available 
    to all NPDES authorized States a copy of the final multi-sector general 
    permit. In addition, EPA will make available group application 
    information to any NPDES States that request it. However, EPA cannot 
    require NPDES-authorized States to accept group applications and to 
    utilize the multi-sector permit as a model for developing a State 
    permit. This would be inconsistent with previously stated EPA position. 
    The response to comments for the final storm water regulations (55 CFR 
    48028) specifically noted that NPDES-authorized States were free to 
    adopt the group application process, ``* * * but is not required to.'' 
    EPA also recommended that ``(b)efore submitting a group application, 
    facilities should ascertain from the State permitting authority whether 
    that State intends to issue permits based on a group application * * 
    *.'' The Agency believes general permits offer an efficient means of 
    providing discharge permit coverage to a large number of facilities and 
    that the multi-sector general permit represents an appropriate permit 
    for the industries that were members of group applications. However, 
    once the NPDES program is approved for a State, basic permitting 
    decisions lie with the State.
    
    Co-Located Industrial Activities
    
        A number of commenters expressed concern over the conditions in the 
    permit which require facilities with multiple ``co-located'' industrial 
    activities to comply with all industry sector requirements that are 
    applicable to one or more of the industrial activities on their site. 
    Commenters argue that given the large number of industry sectors and 
    the complexity of the eligibility requirements, it will be difficult 
    for facilities to determine which industry sector requirements apply. 
    Commenters expressed concern that a permittee could unknowingly violate 
    the permit conditions by failing to recognize that a portion of his/her 
    facility is subject to another industry sector requirements. Commenters 
    also stated that the cumulative burden of the monitoring and pollution 
    prevention plan requirements for facilities with a number of industrial 
    activities would be excessive.
        In response to these concerns, EPA has modified those sections of 
    today's permit addressing co-located activities to reduce confusion 
    that could arise from the co-located conditions as proposed. However, 
    under today's permit facilities with multiple industrial activities are 
    still required to prepare and implement a pollution prevention plan 
    which addresses the requirements of all the applicable industry sector 
    requirements. These facilities are also required to comply with the 
    industry sector monitoring requirements on an outfall by outfall basis. 
    The intent of today's permit remains the same, which was to require 
    pollution prevention plan measures and storm water monitoring which 
    specifically addresses the pollutant sources at the permitted industry 
    facility. Operators of facilities with multiple industrial activities 
    will need to carefully and completely review the permit and fact sheet 
    to determine all necessary applicable terms and 
    
    [[Page 51072]]
    conditions. EPA believes the sector descriptions are clear. Application 
    of the sector descriptions to co-located activities is within the scope 
    of responsibilities of a permittee under the NPDES program and does not 
    place an undue burden on the facility operator. For clarification, with 
    co-located industrial activities, still only one storm water pollution 
    prevention plan is required for the facility. Monitoring requirements 
    for each outfall will not be duplicative but will be complementary. If 
    the same pollutant is required to be monitored in two different sectors 
    for industrial activities found on the site, if the industrial 
    activities drain to the same storm water outfall, only one sample and 
    analytical measurement for that pollutant is necessary.
    
    Notice of Intent Submission Requirements
    
        A number of commenters expressed concern over the requirement in 
    the proposed permit for submission of a Notice of Intent (NOI) when 
    there is a change in the operator of the facility. The proposed permit 
    required the new operator to submit an NOI 2 days prior to the transfer 
    of operations. The commenters opposed this time frame for submittal of 
    the NOI, stating that the purchaser of an industrial activity will not 
    be able to complete the NOI or prepare a Storm Water Pollution 
    Prevention Plan in advance of the property transfer. The commenters 
    suggested different time frames for submittal of an NOI which ranged 
    from 30 to 120 days after the transfer of operations.
        Today's permit retains the requirement that new operators notify 
    EPA at least 2 days in advance of a transfer of operator responsibility 
    for an industrial activity. EPA believes that the simple information 
    required for completion of the NOI can easily be obtained by the 
    purchaser in advance of the actual property transfer. Operators of 
    recently purchased facilities which discharge storm water associated 
    with industrial activity without an NPDES permit would be in violation 
    of the Clean Water Act.
        In addition to submitting the NOI two days prior, new operators 
    which assume ownership of an industrial facility without a break in 
    operations must continue to implement the Storm Water Pollution 
    Prevention Plan prepared by the previous operator, otherwise failure to 
    do so would constitute a violation of the NPDES storm water general 
    permit conditions. These facilities may subsequently modify the storm 
    water pollution prevention plan to accommodate any changes in operation 
    which they choose to make, provided the storm water pollution 
    prevention plan still meets all requirements of the permit.
    
    Submission of a Copy of the Notice of Intent (NOI) to the Operator of 
    the Municipal Separate Storm Sewer
    
        Several commenters opposed the requirement for facilities which 
    discharge to Municipal Separate Storm Sewers (MS4) to submit a copy of 
    the NOI to the operator of the MS4. The commenters argue that 
    submitting the notice places an additional paperwork burden upon the 
    facilities. Others argue that the submission is unnecessary because all 
    industrial activities discharging to MS4's were required to notify 
    their municipalities prior to May 15, 1991. Finally one commenter 
    stated that there would be no benefit from facilities covered under 
    this permit notifying municipalities since facilities covered under 
    other general permits or individual permits would not be required to 
    notify the MS4 operator.
        Today's permit retains the requirement for facilities which 
    discharge to a MS4 to send a copy of the NOI to the operator of the 
    MS4. This requirement is retained as a provision to assist 
    municipalities comply with the anticipated requirements of their NPDES 
    permits. This will be a key piece of information for municipalities to 
    identify industrial discharges to their MS4s as required under 40 CFR 
    122.26. Through submittal of the NOI to the MS4, municipalities can 
    keep an up-to-date inventory of storm water discharges associated with 
    industrial activity that discharge to the system. From this inventory, 
    municipalities may (as a part of their storm water management plan 
    activities) review industrial pollution prevention plans of the 
    industries which discharge to their system. EPA does not believe this 
    requirement presents a significant paperwork burden for the facility 
    since the facility is simply required to make an additional copy of the 
    one page NOI form, which they send to EPA, and send that copy to the 
    operator of the MS4. This requirement is a provision of EPA's baseline 
    general permit and is also a requirement of most individual permits 
    issued to industrial dischargers where the permitting authority 
    determines it is necessary. Making use of information from a previous 
    notification done in 1991 would not allow the municipality to keep 
    their industrial inventory up-to-date.
    
    Prohibition of Non-Storm Water Discharges
    
        A number of the comments received discussed the prohibition of non-
    storm water discharges contained in the permit. The multi-sector permit 
    authorizes some non-storm water discharges. These discharges include 
    those from firefighting activities; firehydrant 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; 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. The non-storm water discharges 
    must be identified within the storm water pollution prevention plan to 
    be authorized under this permit. All other non-storm water discharges 
    including vehicle and equipment wash water, boiler blow down, and steam 
    condensate are excluded from coverage under today's permit and must be 
    covered under a separate NPDES permit. Today's permit requires that a 
    facility certify that the presence of non-storm water discharges has 
    been tested for at its outfalls and that an inventory of the locations 
    of the outfalls with non-storm water discharges has been conducted.
        EPA received several comments requesting that additional non-storm 
    water discharges be authorized by the multi-sector permit. These 
    discharges included those from vehicle washing that did not use 
    detergents, air compressor condensate, discharges from drinking 
    fountains and clean water discharges from holding tanks. EPA has 
    reviewed the requests for additional allowable non-storm water 
    discharges and determined that air compressor condensate and drinking 
    fountain water are not expected to contain pollutants and will be added 
    to the list of allowable non-storm water discharges covered by today's 
    permit. Other non-storm water discharges such as vehicle wash waters, 
    regardless of detergent usage, and holding tank discharges are not 
    covered by today's permit since there is a significant potential for 
    these types of discharges to be contaminated. Such non-storm water 
    discharges should be authorized under another NPDES permit.
        Several commenters also requested modification to the requirement 
    that 
    
    [[Page 51073]]
    building and pavement wash water discharge only be allowed under the 
    permit where there has been no past spill or leaks or where all spilled 
    material has been removed. The commenters indicated that it was not 
    reasonable to require all residue to be removed. Commenters requested a 
    more reasonable cleanup standard. EPA has not modified this provision 
    in today's permit. The non-storm water discharges covered by today's 
    permit are eligible because EPA believes these discharges will not 
    contain contamination. To the contrary, there is a significant 
    possibility that pavement or building wash water from an area in which 
    a pollutant residue remains will contain pollutants which would then be 
    discharged. Such discharges, if they are not completely cleaned up, are 
    required to be permitted, but under a separate NPDES permit. If such 
    discharges are numerous at a facility, the operator of the facility may 
    find it advantageous to apply for an individual NPDES permit which 
    could cover these types of discharges in addition to the storm water 
    and process discharges that may be present. Under any permitting 
    scenario, however, the preferential environmental result is to remove 
    the residual contamination and prevent the contamination of storm water 
    runoff.
    
    Releases in Excess of Reportable Quantities
    
        Under the proposed permit permittees were required to report 
    releases of hazardous substances as required under 40 CFR 117 and 40 
    CFR 302 that exceed a reportable quantity (RQ). If the spill exceeds 
    the RQ the facility must report the spill to the National Response 
    Center, modify the storm water pollution prevention plan, and notify 
    EPA in writing of the nature of the spill. The permit further required 
    facilities to minimize the discharges of these substances in storm 
    water through the implementation of applicable best management 
    practices. When releases do occur, the facilities are required to 
    submit a written report which outlines the steps to be taken to reduce 
    the chance of further spills in the future. Commenters were concerned 
    about how to interpret the reporting requirements for RQ releases. For 
    instance, at an airport, if individual airlines release ethylene glycol 
    at levels below the RQ, then is the combined discharge from several 
    airlines considered reportable? Commenters also wanted clarification on 
    what constituted a significant spill or leak. Is the spillage of two 
    cups of oil significant if it causes a visible sheen?
        Today's permit requires each individual permittee to report spills 
    equal to or exceeding the RQ levels specified at 40 CFR 110, 117, and 
    302. If an airport authority is the sole permittee, then the sum total 
    of all spills at the airport would be assessed against the RQ. If the 
    airport authority is a co-permittee with other permittees at the 
    airport, such as numerous different airlines, the assessed amount would 
    be the summation of all spills by each co-permittee. If separate, 
    distinct individual permittees exist at the airport, then the amount 
    spilled by each separate permittee is the assessed amount for RQ 
    determination. These facilities must follow the necessary procedures 
    for reporting spills or leaks equal to or exceeding the RQ level. Where 
    a sole permittee is identified, this permittee would report. Where co-
    permittees are present, the co-permittees should identify in their 
    pollution prevention plan for the airport who the responsible party is 
    for reporting purposes, otherwise all co-permittees are responsible. In 
    relation to the RQ for oil, quantity does not necessarily matter. The 
    oil RQ is a visible sheen or slick and if such is produced by a spill 
    of oil then the RQ has been exceeded.
    
    Non-Storm Water Discharge Certification
    
        Many commenters felt that the storm water pollution prevention 
    plans should not include an inventory of non-storm water discharges or 
    the NPDES permit numbers that cover those discharges. Today's permit 
    does not require the permittee to list the NPDES permit numbers for the 
    separately permitted non-storm water discharges, however, the permit 
    does require that facilities identify the potential sources of the non-
    storm water discharges. The list of potential sources will assist the 
    operator in efforts to eliminate or redirect non-storm water 
    discharges.
    
    Deadlines for Preparation, Implementation and Revisions to the Storm 
    Water Pollution Prevention Plan
    
        The proposed multi-sector permit currently requires that all 
    facilities certify that they have prepared and implemented a storm 
    water pollution prevention plan in accordance with part IV of the 
    permit. For existing facilities, the storm water pollution prevention 
    plan must be prepared and implemented within 270 days after permit 
    issuance. New facilities must have prepared and implemented the storm 
    water pollution prevention plan prior to submitting the NOI. Where 
    construction is necessary to implement the plan, the facility should 
    complete construction as soon as possible, but has up to a maximum of 3 
    years to comply with the plan. There is also a provision for an 
    extension of the deadline for implementation of the storm water 
    pollution prevention plan where the Director may establish a later date 
    for compliance with the plan where a facility can show good cause.
        Oil and gas facilities which have discharges of reportable 
    quantities of oil or a hazardous substance will be required to develop 
    and implement a plan on or before 60 days after first knowledge of a 
    release. EPA requested comment as to whether the multi-sector permit 
    should require all permittees to submit certification that the storm 
    water pollution prevention plan has been prepared and implemented in 
    accordance with the terms and conditions of the permit. The proposed 
    permit also would have required any needed revisions of the plan to be 
    developed within 2 weeks of the Comprehensive Site Compliance 
    Evaluation and implemented no more than 12 weeks after the inspection.
        In general, commenters indicated that they needed more time to 
    develop and implement the storm water pollution prevention plan 
    properly because of the complexity and resources involved. These 
    commenters were commenting on both new and existing facility 
    requirements. Five commenters did not like the deadlines for 
    development and implementation of a storm water pollution prevention 
    plan in the multi-sector permit because these deadlines were 
    inconsistent with EPA's baseline storm water general permit. They 
    argued that the multi-sector permit should allow the same time frame of 
    6 months from the effective date of the permit to develop the plan with 
    360 days for implementation. Four commenters argued that new facilities 
    should not have to certify that their storm water pollution prevention 
    plan is complete at the time of NOI submittal. They felt that new 
    facilities should be afforded the same compliance deadline as the 
    existing facilities which are given 270 days. One commenter suggested 
    that a more reasonable cut-off time be established for new facilities 
    when the storm water pollution prevention plan would be required to be 
    developed and implemented prior to the NOI. Another commenter argued 
    that new facilities should be given 6 months after submittal of the NOI 
    to develop and implement the plan to allow for the evaluation of plan 
    needs while the facility is in operation. One commenter felt that a 
    minimum of 90 days would be needed for smaller facilities for internal 
    development and training under the storm water pollution prevention 
    plan. Another commenter 
    
    [[Page 51074]]
    argued that in order to develop an appropriate and effective storm 
    water pollution prevention plan it is necessary to evaluate the 
    facility while in operation. This commenter therefore suggested that 
    new facilities be allowed six months to develop a storm water pollution 
    prevention plan. One commenter stated that large waste water treatment 
    plants need more than 270 days just to prepare the storm water 
    pollution prevention plan and to get additional funding for the non-
    storm water discharge certification provisions. In addition, some 
    commenters did not agree that the plan should be implemented within the 
    same time frame as it is developed. They suggested a year for 
    implementation. Another commenter would prefer a deadline of 14 months 
    to develop and implement a storm water pollution prevention plan, 
    arguing that companies that have many facilities, such as the freight 
    industry, may be required to develop and implement upwards of 500 plans 
    in the 270 days. Scrap processing and recycling facilities want longer 
    than the 270 days (such as three years) for the implementation of 
    treatment BMPs exceeding $10,000 in cost, otherwise they argued that 
    financial hardships would result. One commenter argued that facilities 
    originally part of the group application process, who will now be 
    submitting an NOI to be covered under the baseline general permit, 
    should be given the same 180 to 270 days to develop and implement the 
    storm water pollution prevention plan as those who will submit NOI's 
    for coverage under the multi-sector permit.
        A few commenters commented upon the 3-year time frame to implement 
    BMPs requiring construction. One commenter suggested 5 years to 
    construct storm water control measures with 50% construction at 2 
    years, 75% at 3 years and 100% at 5 years. One commenter also commented 
    that 3 years was not enough time to construct controls under the storm 
    water pollution prevention plan for federal facilities. At federal 
    facilities funding for construction is awarded in a 5-year process. Two 
    organizations commented on the time frames for modifications to the 
    storm water pollution prevention plan after the site compliance 
    evaluation. They argue that 12 weeks for implementation of necessary 
    changes is not practical because they may require engineering design 
    and construction. One commenter suggested that a period of 1 year be 
    allowed for changes requiring facility modification.
        EPA does not agree with the numerous comments on the deadlines for 
    development and implementation of a pollution prevention plan, and has 
    decided to maintain the deadlines as proposed in the multi-sector 
    permit for the development, implementation, and modification of the 
    storm water pollution prevention plan. EPA believes that 9 months is 
    adequate time for facilities to develop and implement storm water BMPs 
    that do not require construction and for those that do, up to 3 years 
    is sufficient. EPA has issued guidance on developing storm water 
    pollution prevention plans for industrial activities, and this guidance 
    is readily available. In addition, the multi-sector permit fact sheet 
    provides an extensive amount of information on the types of industry-
    specific BMPs that can be implemented by facilities in each of the 29 
    sectors. Those facilities that cannot meet those deadlines may apply, 
    on a case-by-case basis for an extension of the timeframes as specified 
    in the permit.
        Most new facilities should have no problem developing and 
    implementing their storm water pollution prevention plans prior to the 
    submittal of their NOI and the start of operations. Subsequent site 
    compliance evaluations may show that modifications are needed based on 
    operations at the new facility, however, they will have the additional 
    12 weeks after the inspection to implement the needed changes.
    
    Certification of the Storm Water Pollution Prevention Plan
    
        The proposed multi-sector permit requests comment on requiring all 
    permittees to submit a certification to EPA upon completion and 
    implementation of the storm water pollution prevention plan. Most 
    commenters were against submitting a certification statement confirming 
    the completion of the storm water pollution prevention plan. Comments 
    indicated that the certification statement would put an unnecessary 
    burden on the facilities. Commenters felt that when the NOI is signed 
    and submitted, the permittee is certifying that he/she will comply with 
    all applicable permit conditions including the development and 
    implementation of a storm water pollution prevention plan. However, 
    some commenters felt that submitting the certification would help 
    facilities effectively plan the development of their storm water 
    pollution prevention plans.
        Today's permit does not require all facilities under the multi-
    sector permit to provide a certification upon implementation of their 
    storm water pollution prevention plans. EPA agrees with the commenters 
    that by signing the NOI form, permittees are agreeing to comply with 
    all permit conditions within the specified deadlines of the permit. 
    This includes developing and implementing a storm water pollution 
    prevention plan within 270 days after permit finalization for pre-
    existing facilities or prior to operation for new facilities. EPA 
    reserves the right to request a copy of the completed storm water 
    pollution prevention plan at any time and failure to comply would be a 
    permit violation. EPA also notes that under CWA Section 402(j), permit 
    applications and permits must be available to the public. Because the 
    storm water pollution prevention plan constitutes a portion of the 
    permit, such plans must be publicly available. Accordingly, EPA will 
    contact permittees as necessary to make such plans available.
    
    Identification of Outfall and Sampling Locations, and Types of 
    Discharges Contained in Outfalls
    
        The pollution prevention plan requirements under the proposed 
    multi-sector permit includes the development of a site map. This site 
    map must denote certain site characteristics, such as the pattern of 
    storm water drainage, structural features that control pollutants in 
    runoff, and places where significant materials are exposed to storm 
    water. EPA requested comment as to whether the final permit should 
    require that the site map indicate the outfall locations, sampling 
    locations, and types of discharges contained in the outfalls.
        A slim majority of the comments received indicate that the 
    additional requirements should not be included in the final permit. 
    Commenters believed the requirements, if adopted, could confuse users 
    by cluttering the map, and would be a duplication of information that 
    is required under other sections of the pollution prevention plan. In 
    addition, several commenters stated that sampling locations may vary, 
    depending upon factors such as the amount of rain, safety 
    considerations, and activities occurring at the facility. Commenters 
    argued that to continually revise the map to include these changes 
    would place an unnecessary burden on the facility.
        Commenters in favor of the additional requirements stated that the 
    information will assist users that did not participate in the 
    development of the site map. In addition, the map would be a good tool 
    for training new employees. Commenters note that these requirements 
    should be limited to outfalls covered under this permit, not others, 
    such as those discharging to POTWs or those covered under separate 
    
    [[Page 51075]]
    NPDES permits. Also, it may be more efficient to document some of the 
    information on a key to the map or in a separate attachment. This would 
    make the map easier to read and avoid the problem of clutter.
        Today's permit requires permittees to indicate, on the site map, 
    the location of all outfalls covered under the final permit. In 
    addition, the facility must prepare an inventory of the types of 
    discharges contained in each outfall (e.g., storm water and air 
    conditioner condensate). This inventory, however, may be kept as an 
    attachment to the site map. Basic information on the discharge points 
    that are to be covered under the permit should be readily accessible. 
    EPA believes that denoting the location of the outfalls is important to 
    the permittee and will assist in determining potential pollutant 
    sources for each outfall. EPA believes the benefit of doing so 
    outweighs the problems pointed out by the commenters.
    
    Inventory of Significant Materials and Significant Spills and Leaks 
    Within the Past Three Years
    
        The proposed multi-sector permit required that facilities prepare 
    an inventory of significant materials that are or have been exposed to 
    storm water discharges within the past three years. Facilities were 
    also required to provide a list of significant spills and/or leaks 
    within the past three years. Both these items must be included within 
    the storm water pollution prevention plan with a description of the 
    BMPs used to prevent exposure of such leaks or spills to storm water 
    discharges.
        Commenters stated that such inventories would be burdensome to 
    compile. Commenters felt that facilities would not have this 
    information readily available, especially recently acquired facilities. 
    In lieu of preparing the inventories to cover activities within the 
    past three years, commenters wanted inventories to be prepared from the 
    effective date of the permit.
        Residuals from the leaks and spills may be a major source of 
    contamination of storm water discharges. EPA believes that it is 
    important for facilities to develop inventories of significant 
    materials and past significant spills and leaks. These inventories will 
    help facilities identify the areas where best management practices 
    should be implemented and is an integral part of storm water pollution 
    prevention. EPA believes that this information is available to 
    facilities and can be readily compiled from existing records. EPA does 
    not believe this requirement represents an undue burden upon the 
    permittee. In addition, this requirement is commonly included within 
    other issued NPDES storm water permits, therefore EPA is retaining this 
    requirement in the final multi-sector storm water general permit.
    
    Employee Training Requirements
    
        The proposed multi-sector permit requested comment on whether a 
    minimum training frequency of once per year should be specified for all 
    industry sectors. Employee training is an effective tool in prevention 
    pollution of storm water discharges. Employees that have been taught 
    the importance of the pollution prevention plan measures and controls 
    are more likely to thoroughly implement and continually maintain them. 
    The training program is required to be described within the facility's 
    pollution prevention plan and is applicable to all employees (including 
    contractor personnel where relevant). Typical topics to be addressed 
    include good housekeeping, materials management, and spill response 
    procedures.
        Many commenters supported the annual training requirement offered 
    by EPA and one commenter felt that the training requirements were too 
    high. However, most comments indicated that the training requirements 
    should be more flexible. For instance, training should be based on the 
    industrial activity and the complexity of the storm water pollution 
    prevention plan which will affect how often an employee training 
    program is necessary. This flexibility will ensure that training occurs 
    only when necessary and may lessen the burden on those facilities that 
    find training to be too burdensome.
        To provide additional flexibility as the commenters suggested, 
    today's permit includes training requirements that are sector-specific 
    depending upon the needs assessed for each industry sector. Sectors 
    with industrial activities that have a significant potential for storm 
    water contamination to occur for reasons such as; operator error, lack 
    of understanding of the operation of storm water controls, the need for 
    frequent routine maintenance, the frequent changing of processes 
    conducted outdoors, etc., will warrant some frequency of training. 
    These types of facilities must conduct employee training at appropriate 
    intervals which they determine necessary based upon these factors and 
    others such as the number of employees, the complexity and types of 
    pollution prevention measures and the rate of employee turnover.
    
    Guidance for Storm Water Pollution Prevention Plan Development
    
        Several commenters requested guidance on how to develop storm water 
    pollution prevention plans and how to educate employees on storm water 
    pollution prevention plan implementation. This information has already 
    been prepared by EPA and is readily available. EPA published a guidance 
    manual for storm water pollution prevention plan development and 
    implementation in September 1992. The guidance manual, Storm Water 
    Management for Industrial Activities, Developing Pollution Prevention 
    Plans and Best Management Practices (EPA 832/R-92-006), was written to 
    provide guidance for those facilities covered under the baseline 
    general permit. However, the storm water pollution prevention plan 
    requirements are similar and the manual is applicable for those who 
    will be covered under the multi-sector permit. EPA also prepared a 
    companion guidance document for construction activities, entitled Storm 
    Water Management for Construction Activities, Developing Pollution 
    Prevention Plans and Best Management Practices (EPA 832/R-92-005). This 
    document is also available from EPA.
    
    Monitoring Requirements
    
    Benchmarks
    
        The proposed multi-sector permit describes ``pollutant benchmark 
    values'' (See Table 7, 58 FR 61169) which were used by EPA to determine 
    the analytical monitoring conditions in the proposed permit. The 
    benchmarks are also to be used by permittees who are required to 
    conduct monitoring for comparison to determine if they qualify for the 
    low concentration waiver. The standards are based primarily upon EPA 
    Recommended Ambient Water Quality Criteria (Gold Book) values for toxic 
    pollutants, and certain others, and NURP median concentrations for most 
    conventional pollutants.
        The benchmark values were used in two ways in the proposed permit. 
    First, they were used as a standard of comparison against the median 
    industry concentration for each pollutant that was sampled during the 
    application process. If a median pollutant concentration in the 
    sampling data for an industry sector was above the benchmark values it 
    was considered a pollutant of concern for the industry sector. Under 
    the proposed permit, when five or more median pollutant concentrations 
    were higher than the benchmark values, the industry sector was required 
    to perform analytical 
    
    [[Page 51076]]
    monitoring under the terms of the proposed permit.
        Second, the benchmark values were used as a standard of comparison 
    for an individual permitted facility that wishes to qualify for the low 
    concentration waiver to be relieved from monitoring in the fourth year 
    of the permit (monitoring cut-off values). The permittee would conduct 
    storm water sampling as required under the permit in the second year of 
    coverage. From this data, the permittee would average the pollutant 
    concentrations for each monitored pollutant and would then compare 
    these averages against the monitoring cut-off values. If the average 
    concentrations were below the cut-off values then the permittee would 
    be relieved from monitoring in the fourth year of the permit on the 
    conclusion that the pollution prevention plan was effective in 
    controlling the discharge of the storm water pollutants of concern.
        Although most commenters favored the concept of an incentive 
    approach to monitoring, if monitoring had to be required, a significant 
    number of commenters indicated that the benchmark concentrations/
    monitoring cut-off values were inappropriate. Reasons given for this 
    comment include the following: (1) The use of water quality criteria is 
    an inappropriate comparison for discharge data, because it does not 
    consider dilution of the discharge in the receiving water; (2) 
    benchmarks should be determined based upon local conditions not by 
    using national standards; (3) EPA should not use NURP median 
    concentrations as benchmark values. These values have no bearing to 
    industrial storm water discharge or to water quality; (4) several of 
    the benchmark values are below the method detection limit (e.g., 
    arsenic) and would therefore be impossible to achieve; (5) other 
    benchmark values are far too stringent, (some are even lower than 
    drinking water standards) and runoff from industrial areas would not 
    meet these benchmarks; (6) many of the commenters were concerned that 
    the benchmark concentrations are, or will become storm water effluent 
    limitations.
        Under today's final permit, EPA continues to use benchmark 
    concentrations as a means for selecting priority industries for 
    analytical monitoring and as a means for determining if the facility is 
    eligible for a sampling waiver in the fourth year of permit coverage. 
    However, because of the comments received, the basis for development of 
    the benchmarks/monitoring cut-off values has been re-evaluated by EPA.
        The revised benchmarks/monitoring cut-off values and the basis for 
    these are presented in the Fact Sheet to today's permit. Changes made 
    to the benchmarks/monitoring cut-off values to address the concerns 
    expressed in the comments are summarized below.
        Conventional Pollutants: NURP median data for conventionals have 
    been replaced as benchmark values and monitoring cut-off values for all 
    conventional pollutants except TSS and nitrate plus nitrite nitrogen. 
    The replacement conventional benchmarks are based upon pollutant 
    concentration levels required under the secondary treatment 
    regulations, North Carolina water quality standards and existing storm 
    water effluent guidelines. In most cases, the final benchmarks for 
    conventionals/monitoring cut-off values are at higher concentration 
    levels than the benchmarks in the proposed permit.
        Non-Conventional-Inorganic: Acute water quality criteria based upon 
    human consumption (where acute values do not exist) will be retained as 
    benchmarks and monitoring cut-off concentrations for parameters if the 
    values are not lower than method detection limits. Where the values are 
    lower than the method detection limits, the benchmark has been replaced 
    by the minimum level. A minimum level for such a pollutant is the 
    method detection level multiplied by a factor of 3.18. The factor of 
    3.18 has been determined by EPA to be the most appropriate level above 
    the detection level (for most pollutants) at which reliable 
    quantitation of the pollutant can be analytically accomplished.
        Non-Conventional-Organic: Water quality criteria values based on 
    human consumption values are now used as benchmarks. Acute water 
    quality criteria for these pollutants are generally too high to be used 
    as benchmark values.
        EPA believes that the revised pollutant benchmarks represent a 
    reasonable standard of comparison for industrial storm water discharges 
    for the two principle purposes described above. All levels are above 
    the method detection limits for the respective parameters and provide a 
    reasonable target for controlling storm water contamination by 
    pollution prevention plans.
        EPA emphasizes that the pollutant benchmark concentrations are not 
    storm water effluent limitations, they are simply standards of 
    comparison or targets by which EPA determined if discharges from an 
    industry sector or facility merit monitoring under the terms of the 
    permit. Facilities are not required to meet these concentrations as 
    effluent limitations in their discharges. The benchmarks are designed 
    to assist facility operators in determining if their pollution 
    prevention plans are reducing pollutant concentrations to below levels 
    of concern. Given the purpose of these benchmarks/monitoring cut-off 
    values, EPA does not believe that dilution or background concentrations 
    of each pollutant need to be considered. The monitoring benchmark 
    cutoff values are not effluent limitations. For this same reason, local 
    conditions do not need to be considered.
        Facilities wishing to obtain a permit which considers their local 
    conditions have the option of not seeking coverage under this multi-
    sector general permit but may submit an individual permit application 
    to their applicable EPA permitting authority.
    
    Minimum Required Data Needed for Pollutants To Be Analyzed for 
    Monitoring
    
        When determining industry-specific monitoring requirements for 
    facilities under the multi-sector permit, EPA performed statistical 
    analyses on pollutant data submitted in the group applications. For 
    pollutants of potential concern, (those with at least three 
    observations (outfall samples) within an industrial sector), EPA 
    compared the median values to the benchmark values to determine a 
    potential pollutant for monitoring.
        Commenters felt that three observations of a parameter per sector 
    was not a fair minimum representation for the facilities within a 
    sector since the pollutants may all be showing up at three outfalls at 
    only one facility and this facility may not be representative of an 
    entire industry sector. Commenters argued that a parameter should only 
    be considered as a pollutant of concern if it is observed at some 
    significant percentage of the sites sampled within the sector. Other 
    commenters stated that the minimum should be based upon at least three 
    separate facilities instead of outfalls. An entire sector should not be 
    required to monitor based upon the information received from one 
    facility that sampled three outfalls.
        EPA agrees with the commenters and the methodology for developing 
    monitoring requirements for today's permit has been revised. In the 
    methodology used for the monitoring provisions for the final permit, 
    EPA only considers a pollutant to be of concern where 3 separate 
    facilities submitted data within a subsector or sector.
        Under the methodology for the proposed permit it was possible for 
    an entire sector to be required to monitor 
    
    [[Page 51077]]
    based upon the data submitted by one facility with three outfalls and 
    EPA agrees that one facility should not be considered necessarily 
    representative of an entire industry sector for the purposes of 
    determining the need to monitor. If three facilities which discharge a 
    pollutant, however, the pollutant is not unique to a particular 
    facility and is indicative of the industrial activities conducted in 
    the industry sector or subsector. EPA conducted the monitoring 
    evaluation assuming both a normal distribution and a lognormal 
    distribution of the data set. The results were not significantly 
    different.
    
    Quality of the Part II Database
    
        The Part 2 group application database includes Part 2 monitoring 
    data from participants which participated in the group application 
    process. Statistical analyses (e.g., mean, median, 95th percentile, and 
    99th percentile values) of this data was conducted for each parameter 
    within every industrial sector. These analyses were conducted assuming 
    both a normal distribution to the data and a lognormal distribution. 
    The results of the analyses were used in the methodology to determine 
    the proposed monitoring requirements.
        Several commenters stated that the database, which only included 
    monitoring data received prior to January 1, 1993, was incomplete and/
    or contained errors. The commenters stated that the database should be 
    expanded to include all the group application data, as well as further 
    reviewed to eliminate duplications and inaccuracies. Other commenters 
    requested that the methods used to develop the statistical evaluation 
    of the data be revamped (e.g., use a lognormal distribution of the 
    data). In addition, a few commenters stated that the analysis did not 
    properly consider facilities which did not submit data for a pollutant 
    listed in Part C of the Form 2F since these facilities had no reason to 
    believe the pollutant was present in their discharge. Therefore, the 
    commenters argued, EPA's analysis should assume that the discharge 
    concentration of these pollutants is zero.
        EPA has again reviewed and double-checked the monitoring data 
    analyzed for the development of the permit. EPA concludes that the 
    monitoring data analyzed is representative of the industries evaluated. 
    EPA analyzed data which was submitted months after the application 
    deadline for the purpose of identifying pollutants of concern and 
    developing monitoring requirements. In addition, on a sector-by-sector 
    basis, EPA reviewed data that was submitted late to determine if the 
    additional data was consistent with what had already been evaluated. 
    Given this extra level of effort to analyze and consider all submitted 
    data, even though some data was not loaded into the database that was 
    publicly distributed, EPA believes that the analyses performed on the 
    group application sampling data, and the results that were derived, are 
    valid and reasonable.
        EPA also believes that the concerns raised by commenters about the 
    number of duplications and errors contained in the database which was 
    distributed, is no longer warranted in that as errors were noted, EPA 
    further screened and corrected the database. In response to the 
    recommendation from commenters that a zero concentration value should 
    be entered into the database every time a facility did not sample for a 
    given pollutant because they did not believe it was present on their 
    site, EPA does not agree. Obviously, assuming zero concentrations for 
    these facilities would significantly reduce the mean and median 
    concentrations. This would be imposing a major, unsupported assumption 
    into the database. It cannot be assumed that facilities which did not 
    submit data for a part B or C pollutant have a discharge concentration 
    of zero for that pollutant. Facilities which did not sample for a 
    pollutant because they did not believe it was present, may not have 
    adequately considered all potential sources of these pollutants. In 
    addition, facilities that did sample were supposed to be representative 
    of the entire group in which they were located. This was a process 
    determined by the group applicants themselves, with approval from EPA. 
    Therefore, where facilities did sample and report for a given 
    pollutant, and other facilities in the group did not, it could be 
    assumed that the pollutant really was present at all other facilities. 
    To be more accurate and unbiased in the analyses of the data, EPA chose 
    not to assume either a zero value or an extrapolated value for 
    pollutants that were not analyzed for by some facilities within a 
    sector. EPA analyzed only actual data points that were submitted. Where 
    a pollutant was tested for, and the result was below detection levels, 
    EPA assumed these data points to be zero values for the pollutant.
    
    Establishing Priority Monitoring Sectors
    
        The multi-sector permit requires analytical monitoring only for 
    `priority' sectors. A sector was considered a `priority' if, based on 
    the Part II data for the sector, five or more pollutants sampled for 
    had median concentrations above benchmark values. If the sector had 
    median values greater than benchmark values for four or less 
    parameters, only visual examinations would need to be conducted.
        Several commenters stated that the methodology employed for 
    establishing priority sectors was arbitrary and/or flawed (i.e there is 
    no basis for choosing five as the number of parameters needed to be 
    above benchmark levels to trigger sampling). Others indicated that the 
    approach did not consider the relative impacts (e.g., toxicity) of the 
    pollutants on receiving waters. Commenters also indicated that it was 
    inappropriate to group together a wide range of industrial activity 
    discharge data into one industry sector, and to use that data as a 
    basis for comparison.
        In response to these comments, EPA has revised the methodology for 
    selecting which industries must conduct analytical monitoring. EPA 
    reviewed the grouping of industries into sectors for statistical 
    analysis. It was determined that in some cases a sector contained a 
    grouping of industrial activities which may have different storm water 
    discharges. In these cases EPA modified its analysis to statistically 
    summarize the industry by subsectors. Division into industry sub-
    sectors was prepared in most cases based upon the three digit SIC codes 
    provided by the group participants in their group application 
    information. The results of the subsector analysis of the data were 
    then used for comparison to the revised benchmarks (discussed above).
        Today's permit also eliminates the five pollutant threshold for 
    determining if a sector merited monitoring. For each subsector (or 
    sector where it was not possible to further divide the sector into 
    subsectors) EPA compared, on a pollutant by pollutant basis, the median 
    concentration to the benchmark. Where the median concentration for a 
    pollutant is higher than the benchmark, where there are likely sources 
    of the pollutant associated with the industrial activity, and where the 
    concentrations are high enough so as not to be due to ``background'' or 
    natural sources, the subsector (or sector) is required to conduct 
    analytical monitoring for the listed pollutant. This methodology is 
    pollutant-specific and addresses the concerns that some commenters had 
    that some industries within a sector may be inherently clean compared 
    to other industries in the same sector. In addition, this approach is 
    more environmentally protective in that the number of different 
    pollutants in a discharge does not necessarily increase the risk posed 
    by that discharge. It is possible that a receiving water may be 
    significantly impacted by a discharge 
    
    [[Page 51078]]
    containing a high concentration of just one pollutant and therefore 
    monitoring should be conducted to determine if controls are adequately 
    reducing the levels of the discharge.
    
    Selection of Additional High Priority Sectors Based Upon Factors Other 
    Than Sampling Data
    
        When determining industry-specific monitoring requirements for 
    facilities under the multi-sector permit, EPA identified three 
    additional industry sectors based upon a review of the degree of 
    exposure, types of materials exposed, and the need for more sampling 
    data than what was submitted in the group application. The industry 
    sectors identified are hazardous waste treatment, storage and disposal 
    facilities (TSDFs), auto salvage yards and airports.
        Commenters felt that selection of these industries as priority 
    sectors was arbitrary, particularly for those sectors where it was 
    determined that the monitoring data submitted was not adequate 
    (automobile salvage yards and airports). Under today's permit EPA is 
    continuing to require monitoring for these three sectors which were 
    selected based upon criteria other than the methodology employing the 
    part 2 sampling data. It is EPA's best professional judgement that 
    these industries merit further monitoring based on anticipated presence 
    of significant pollutants. The data submitted was insufficient to 
    disprove the EPA conclusion that these types of facilities have a 
    significant potential to discharge contaminants. EPA believes the data 
    submitted for these industries is insufficient and not representative 
    of the discharges from the facilities and therefore additional data 
    should be collected.
    
    Should the Multi-Sector Permit Require Facilities That Must Monitor for 
    Total Recoverable Metals To Also Monitor for pH?
    
        Not all sectors of the proposed multi-sector permit require 
    facilities that must monitor for total recoverable metals to also 
    monitor for pH. Because it is known that the toxicity of metals is 
    affected in part by pH, EPA requested comment as to whether to add pH 
    to the list of parameters to be monitored in those sectors where total 
    recoverable metals are also being chemically monitored.
        Several commenters agreed with the addition of pH as a parameter 
    that should be measured for all sectors where monitoring of a total 
    recoverable metal is required. These commenters argued that it is not 
    an expensive burden, requires little effort, and the data is needed to 
    evaluate the impact of metals in the storm water discharge. One 
    commenter stated that monitoring of pH would be appropriate since the 
    pH of local rainfalls varies by the particular region where a facility 
    is located. One commenter supported the use of this parameter only if 
    toxicity changes in the metals could be demonstrated to occur at pH 
    values presented in the group data. Several commenters stated that 
    rather than the pH of the discharge being monitored that it is the pH 
    of the receiving stream that is of critical concern. One commenter 
    supported the monitoring of this parameter only if the EPA granted 
    facilities the option of monitoring for other total recoverable metals 
    or dissolved metals.
        One commenter stated that monitoring of pH would only be necessary 
    if pH in the receiving water is a problem and should be considered only 
    after the total loading of an entire watershed is established showing 
    that fluctuations in pH are not the result of pollutants from 
    industrial activities, but are from sources such as acid rain. One 
    commenter stated that they have performed studies which show that pH is 
    not a concern for the food and kindred products sector.
        The majority of the commenters were opposed to the blanket 
    requirement to monitor pH whenever total recoverable metals were 
    required to be monitored. The opposition was mainly due to the inherent 
    problems associated with acid rain and in evaluating and linking the 
    cause of toxicity to industrial activities and the associated storm 
    water discharge. Several commenters strongly opposed a requirement to 
    monitor pH believing it to be unnecessary. Many of those opposed felt 
    the analysis should be left to the discretion of the facility in the 
    development of their storm water pollution prevention plan.
        EPA will not require facilities to also monitor pH for every sector 
    that must monitor total recoverable metals. Rather, the decision will 
    be left to the discretion of the facility or will be specifically 
    required within a sector for other reasons. Monitoring the pH of the 
    storm water may not provide an indication of the effectiveness of the 
    storm water pollution prevention plan because of the influences of 
    factors other than the facility's industrial activities on the pH of 
    the discharge (i.e., acid rain). Allowing the facility to evaluate the 
    effectiveness of the measurement of pH for each particular facility 
    will alleviate the misinterpretation of the data that may result. This 
    may be particularly true for extreme pH values beyond those normally 
    anticipated with acid rain.
    
    Support or Opposition to Baseline Monitoring Requirements
    
        In the proposed multi-sector permit, EPA modified some sector 
    monitoring requirements based upon the group application data 
    submitted. EPA requested comment for each industrial sector on the 
    changed requirements from the 1992 baseline general permit that were 
    proposed in the multi-sector permit. Fifteen of the sixteen commenters 
    that commented on this issue were opposed to the monitoring 
    requirements in the baseline permit. Several supported the deviations 
    from the baseline permit which they claimed was based only on 
    theoretical and potential discharges, whereas the monitoring 
    requirements for the multi-sector permit were based on actual storm 
    water discharge data from the industries. A couple of commenters stated 
    that the use of the baseline monitoring requirements would defeat the 
    purpose of the money and effort spent on collecting data for the 
    application process.
        One commenter, while still opposed to any monitoring requirements 
    for the fiberglass and aluminum boat builders, supported the monitoring 
    parameters in section IX.R.8 of the multi-sector permit in lieu of the 
    baseline permit. Two commenters supported the change from the baseline 
    permit requirements, which triggered monitoring at 50,000 flight 
    operations per year, for airports. One commenter in the rubber and 
    miscellaneous sector was concerned that any analytical monitoring was 
    being associated with the sector because they do not have any outside 
    storage.
        Another commenter supported the changes in the requirements for the 
    Glass, Clay, Cement, Concrete, and Gypsum product sector where only the 
    ready-mix concrete plants must monitor because visual monitoring is 
    more appropriate for determining whether BMPs are effective. One 
    commenter from the steam electric group felt that the monitoring 
    requirements from the baseline permit were more appropriate, 
    particularly the annual monitoring, compared to the monthly visual 
    observations and quarterly chemical monitoring in the multi-sector 
    permit. The commenter stated that pollutants in their storm water 
    discharge are essentially unvarying and that the original list of 
    pollutants in the baseline general permit provided a more appropriate 
    set of indicators of storm water contamination from their site.
        EPA has reviewed both sets of monitoring requirements and as a 
    result 
    
    [[Page 51079]]
    will not incorporate the monitoring conditions from the baseline 
    general permit into the final multi-sector permit. EPA believes that 
    the monitoring requirements in the baseline permit are designed 
    primarily to characterize pollutants in storm water discharges from 
    those facilities seeking coverage under the permit. For the most part, 
    this characterization effort has already been accomplished through the 
    group application sampling. Whereas, the multi-sector general permit 
    monitoring strategy has been designed primarily to provide information 
    on the effectiveness of the storm water pollution prevention plan.
    
    Visual Examinations of Storm Water Discharges
    
        The multi-sector permit includes requirements for facilities to 
    perform visual examinations of storm water discharges. ``High risk'' 
    industry sectors were required to perform visual examinations of storm 
    water samples on a monthly basis. ``Low risk'' sectors were required to 
    perform the exam on a quarterly basis.
        EPA received a large number of comments on the proposed visual 
    examination requirements, both in support and in opposition. The 
    majority of comments were in reference to the frequency of visual 
    examinations. Others commented that the costs/requirements of the 
    visual exams were too burdensome, and some facilities wanted no visual 
    exams at all. Other comments included requests for: clarification of 
    language requiring visual examinations; more specific criteria for when 
    to conduct a visual examination; provision of a checklist for 
    performing visual exams; and criteria for examining snow melt runoff.
        Commenters who opposed the requirements did so because; visual 
    exams are too burdensome for facilities with many outfalls; conducting 
    visual exams is too time consuming; the logistics associated with 
    performing visual exams are too difficult for the average worker to 
    understand; the results of the exam will be of no value; and the visual 
    exam requirements are too frequent and will encourage fraudulent 
    submissions.
        Some commenters were opposed to the visual monitoring requirements 
    stating that it is not as effective as examining the equipment 
    installed to accomplish pollution prevention. They suggested that if 
    the requirement is retained, the idea of comparing the visual 
    observation to a baseline be addressed because the use of the same site 
    personnel over time is not viable due to continuous rotation of 
    personnel. Other commenters were opposed to the burden that would 
    result from the support documentation needed to meet the 72 hour dry 
    weather and 0.1 inch rainfall requirements. These commenters felt this 
    would require constant monitoring of the weather, recordkeeping, and 
    the development of monthly visual observation reports which would be 
    costly for small companies.
        Numerous commenters supported the use of visual examinations to 
    monitor the effectiveness of the pollution prevention plan and the 
    implemented BMPs. These commenters stated that visual examinations can 
    be an effective tool and would allow easy detection of suspended and 
    settled solids, oil sheen and other obvious indicators. Some commenters 
    that favored visual monitoring suggested this be done in lieu of any 
    chemical analyses.
        EPA believes that the visual examinations will provide permittees a 
    quick and inexpensive assessment of the effectiveness of the facility's 
    pollution prevention plan on a more frequent basis, but at a more 
    cursory level, than just analytical chemical monitoring. The 
    examinations are intended to be conducted by the company's pollution 
    prevention team, or someone who will be familiar with storm water 
    management at the facility. The team may be able to identify sources of 
    contamination in the storm water discharge given their knowledge of the 
    industrial activities conducted at the facility and the materials 
    stored exposed to storm water. From these observations, the team may be 
    able to identify additional BMPs that can be implemented to control the 
    contaminant sources, or ways to improve the efficiency of existing 
    BMPs. EPA will retain the requirement to perform a visual examination 
    of the storm water discharge in today's multi-sector permit. EPA 
    believes the visual examination of the discharge will become an 
    important part of an active facility's overall effort to control storm 
    water contamination. EPA maintains that the visual examination of the 
    storm water discharges will allow a quick and simple assessment of the 
    quality of the storm water runoff which can then be used to help assess 
    the effectiveness of a facility's pollution prevention plan at very 
    little cost. The results of the visual examination should be used in 
    conjunction with the results from the comprehensive site compliance 
    evaluation, analytical monitoring, if required, and sector-specific 
    inspections to determine if appropriate BMP's have been implemented.
        Today's permit and fact sheet include more detailed language which 
    elaborates on the description of the visual exam requirements. 
    Additionally, the frequency for visual examination for all applicable 
    industry sectors will be quarterly under today's permit. This responds 
    to a majority of the commenters by reducing the burden placed upon 
    facilities, and allows a more reasonable amount of time for a 
    representative storm event to occur. The information from visual 
    monitoring is intended to be used by the facility as a quick and simple 
    means of determining any obvious changes in the quality of storm water 
    runoff from the site when the discharges are occurring. EPA understands 
    that there is a measure of uncertainty and subjectivity in performing 
    visual exams, but believes this will not adversely affect the purpose 
    of the examinations. In summary, visual examinations of the storm water 
    discharges provide a low cost means for the facility operator to 
    routinely assess storm water problems at a facility and will provide an 
    indication of major problems with the effectiveness of the storm water 
    pollution prevention plan.
    
    Alternative Monitoring Provisions
    
        In the proposed permit, EPA requested comment on alternative 
    monitoring and reporting requirements in lieu of the proposed 
    requirements. Most of the commenters were opposed to the alternative 
    monitoring requirements. Some commenters believed the alternative 
    monitoring requirements would focus too much attention on sampling and 
    not enough on pollution prevention plans. Some commenters did not think 
    the whole effluent toxicity testing, where it was proposed in the 
    alternative requirements in certain sectors, would be appropriate for 
    storm water evaluations also stating that they are too expensive and 
    complicated. Some commenters supported the proposed alternative 
    monitoring requirements stating that the alternative requirements 
    should be kept as an option assuming there is appropriate data 
    demonstrating the need for this monitoring.
        In response to the comments concerning the alternative monitoring 
    provisions discussed in the fact sheet of the proposed permit, EPA is 
    not incorporating these monitoring requirements into the final permit. 
    Rather, as explained above, EPA has reconsidered the entire monitoring 
    strategy as proposed in the permit and has developed a new monitoring 
    strategy based upon a sub-sector analyses of the data to be responsive 
    to 
    
    [[Page 51080]]
    the majority of concerns regarding storm water monitoring in the 
    proposed permit.
    
    Signatory Requirements
    
        The multi-sector permit requires that all Notices of Intent (NOI), 
    Notices of Termination (NOT), storm water pollution prevention plans, 
    reports, certifications or other information, either to be submitted, 
    or to be maintained by the permittee, be signed in accordance with the 
    requirements in 40 CFR Part 122.22.
        One commenter stated that the NOI certification is significantly 
    different than the wording in the September 9, 1992 baseline general 
    permit. Another commenter stated that the signatory requirements should 
    be similar to those required by the national pretreatment program to 
    maintain consistency and to avoid confusion. One commenter stated that 
    the signatory requirements were appropriate for the NOI and the NOT, 
    however, were not appropriate for the storm water pollution prevention 
    plan and other such documents because they are excessive when compared 
    to similar programs. This commenter suggested that an appropriate 
    company representative such as those outlined in VII.G.2 would be more 
    appropriate to provide a signature because they are more familiar with 
    the regulations and the operations of the industrial facility. One 
    commenter requested that a member of the storm water pollution 
    prevention plan team be allowed to sign the site compliance report.
        EPA will maintain the signature requirements as proposed in the 
    multi-sector permit which requires that all NOIs, NOTs, storm water 
    pollution prevention plans, reports, certifications or information 
    either to be submitted to the Director, or that are required to be 
    retained by the permit, be signed by a responsible corporate officer. 
    The certification and signature requirements in the multi-sector permit 
    are the same requirements as those used in other areas of the NPDES 
    program and the pretreatment program and have not been changed from the 
    September 1992 baseline general permit. Furthermore, the requirements 
    allow authorized representatives to be appointed for signature 
    authority. Therefore, if a facility feels it is more appropriate for a 
    member of the storm water pollution prevention plan team to sign the 
    documentation, that option is available under the permit.
    
    Miscellaneous Inspection Requirements
    
        EPA received comments on inspection requirements, recordkeeping 
    requirements, and reporting requirements from 24 commenters. Most of 
    these stated that the proposed requirements are too burdensome and 
    suggested ways to scale down this burden, with suggestions ranging from 
    decreasing inspection schedules to requiring less paperwork. A few 
    commenters opposed the frequency of inspections required in several of 
    the sectors of the proposed permit. Specifically, two commenters stated 
    that monthly inspections of designated equipment and areas of the 
    facility are unnecessary and inappropriate.
        EPA has established visual and other inspection requirements 
    tailored to each industrial sector based on conditions specific to each 
    sector. Where appropriate, today's permit contains daily, weekly, 
    monthly, or less frequent inspections of various important facility 
    areas and activities. EPA believes the frequencies in the permit are 
    necessary to ensure that storm water runoff from these key areas does 
    not cause significant discharges of pollutants.
    
    Retention of Records
    
        Seven commenters stated that the requirement that records be 
    retained for 6 or more years (three years after the permit expires) is 
    excessive. One commenter suggested that a more discrete time period be 
    specified for records retention, so as to eliminate the undesirable 
    result of inadvertently requiring facilities to retain records 
    indefinitely if a permit is continually extended. Five commenters 
    suggested that a three-year retention period is adequate and consistent 
    with other NPDES permits. Another commenter suggested that records be 
    retained for a maximum of one year after the inspection or monitoring 
    occurs. Two other commenters stated that the documentation and 
    recordkeeping requirements are too elaborate and could require 
    excessive resources from small businesses. Four other commenters stated 
    that the reporting requirements are unnecessary and unduly burdensome.
        EPA has retained all recordkeeping requirements from the proposed 
    permit. However, in response to commenters' concerns about inconsistent 
    timeframes, the Agency has standardized the retention period for all 
    records to be the minimum period allowed under 40 CFR 122.41(j). Thus, 
    today's permit requires permittees to retain all records (those from 
    inspections as well as monitoring data) for a minimum of three years 
    from the date of the inspection, sampling, or measurement. In addition, 
    to help reduce the amount of reports permittees may be required to 
    generate during a permit term, EPA has reduced some of the inspection 
    and examination requirements for some industrial sectors. For example, 
    the requirement for visual examinations of discharges has been changed 
    to quarterly for all sectors (except air transportation) and pollutant-
    by-pollutant no exposure certifications are now allowed. EPA believes 
    these changes, and others in today's permit, will decrease the 
    recordkeeping burden on many facilities, including small businesses.
    
    Special Requirements for Facilities Subject to Reporting Requirements 
    Under EPCRA 313
    
        EPA received a number of comments that addressed the proposed 
    special requirements for facilities subject to the EPCRA Section 313 
    reporting requirements. Specifically, 52 of these comments addressed 
    the proposed requirement for a certification of the storm water 
    pollution prevention plan for an EPCRA 313 facility by a Professional 
    Engineer (PE), of which 50 opposed such certification and two favored 
    it. Thirty-one of the commenters opposed to the certification indicated 
    that other categories of professionals with knowledge of pollution 
    prevention, including hydrologists and certified hazardous materials 
    managers, would be more appropriate than a PE to review the plan. Most 
    indicated that someone very familiar with the facility would be the 
    most appropriate person to make the certification. Other commenters 
    noted that the facility manager is legally responsible and should be 
    responsible for certifying or selecting the certifying party. A few 
    commenters stated that the PE provision would be unnecessarily costly, 
    particularly for small facilities. One commenter added that the 
    frequency of certification should be reduced to once every five years.
        In response to these commenters, EPA has removed the requirement 
    for PE certification from the permit as well as the requirement to 
    certify the plan every three years. The permit now requires facilities 
    subject to the EPCRA Section 313 requirements to conduct the same storm 
    water pollution prevention plan certification procedures as facilities 
    not subject to EPCRA Section 313. Thus, facilities subject to EPCRA 
    Section 313 requirements need only certify their pollution prevention 
    plan when it is developed or when revisions or changes are made and 
    does not include a PE certification.
        EPA also received numerous comments that opposed the extension of 
    special requirements for EPCRA Section 313 facilities to all facilities 
    with above-ground storage tanks and/or exposed handling of liquid 
    chemicals. About half 
    
    [[Page 51081]]
    of these commenters stated that there was no basis for extending these 
    specific Best Management Practices (BMP) to facilities that already 
    have BMPs under the EPCRA program. The other half indicated that these 
    special provisions were redundant with requirements in other programs, 
    such as RCRA. Two commenters also stated that such an extension of 
    requirements associated with EPCRA to all facilities covered by the 
    multi-sector permit would be inappropriate regulatory duplication. 
    Based on these comments and further review, EPA is not extending the 
    Section 313 requirements to additional facilities.
        In addition to these specific comments, EPA received 25 comments 
    opposed to the special storm water pollution prevention plan 
    requirements for EPCRA Section 313 facilities. These commenters 
    objected that there are a variety of burdensome aspects of the 
    prescribed practices. Sixteen of these commenters suggested that the 
    special requirements are redundant with those imposed by other programs 
    and/or are inappropriate given the data presented in the notice on the 
    presence of pollutants in storm water from EPCRA Section 313 facilities 
    and non-313 facilities. They indicated that the data show no 
    distinguishable differences between storm water pollution from these 
    two categories. Other commenters stated that the costs of complying 
    with the special provisions for Section 313 facilities are excessive. 
    With the exception of the PE certification, EPA is not reducing the 
    special pollution prevention plan requirements for facilities subject 
    to EPCRA Section 313 requirements. The Agency is leaving them in place 
    because of the nature of the industrial activities and chemicals 
    handled at such facilities. These controls are necessary to ensure that 
    storm water runoff does not become contaminated with EPCRA Section 313 
    water priority chemicals. The use of these controls represents an 
    established level of technology-based controls that are already being 
    implemented at many of these types of facilities and EPA believes this 
    level of technological control should be maintained.
        On January 12, 1994, EPA proposed to add 313 new chemicals to the 
    EPCRA Section 313 list of chemicals found at 40 CFR 372.65. On November 
    30, 1994, EPA published a final notice in the Federal Register adding 
    286 chemicals to the list. A Section 313 water priority chemical is 
    defined as a chemical or chemical categories which are: 1) are listed 
    at 40 CFR 372.65 pursuant to Section 313 of the Emergency Planning and 
    Community Right-to-Know Act (EPCRA) (also known as Title III of the 
    Superfund Amendments and Reauthorization Act (SARA) of 1986); 2) are 
    present at or above threshold levels at a facility subject to EPCRA 
    Section 313 reporting requirements; and 3) that meet at least one of 
    the following criteria: (i) Are listed in Appendix D of 40 CFR 122 on 
    either Table II (organic priority pollutants), Table III (certain 
    metals, cyanides, and phenols) or Table V (certain toxic pollutants and 
    hazardous substances); (ii) are listed as a hazardous substance 
    pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (iii) 
    are pollutants for which EPA has published acute or chronic water 
    quality criteria.
        In response to this rulemaking, EPA analyzed the list of Section 
    313 water priority chemicals in the proposed multi-sector general 
    permit by comparing these 286 new chemicals against Tables II, III, and 
    V of Appendix D of 40 CFR 122, the list of hazardous substances listed 
    at 40 CFR 116.4, and the list of pollutants for which EPA has published 
    acute or chronic water quality criteria. Based on this analysis, EPA is 
    adding 44 of the 286 new chemicals or chemical categories to the list 
    of Section 313 water priority chemicals which is an appendix to today's 
    permit. In developing the original definition of Section 313 water 
    priority chemicals, EPA included a reference to the EPCRA 313 chemical 
    listing and noted that future additions to the list could occur and 
    that these would automatically expand the storm water EPCRA 313 water 
    priority chemical list used in the industrial storm water general 
    permits. In addition, the proposed regulation to expand the EPCRA 313 
    list notified the public that with an expansion of the list, other 
    programs, such as the storm water permitting program that incorporated 
    the EPCRA 313 listing, would also be similarly affected.
        By adding these new chemicals to the water priority chemical list, 
    potentially more facilities will be required to implement the EPCRA 313 
    special pollution prevention plan requirements. However, EPA believes 
    that the additional water priority chemicals will not have a 
    significant impact on the cost of compliance by any individual 
    facility. Facilities already implementing these provisions may have 
    additional chemicals to address in their plans beyond those they 
    already consider, but EPA believes many of the BMPs and pollution 
    prevention measures already being implemented will be applicable to the 
    new chemicals. EPA re-examined the estimated upper range of cost of 
    compliance by a facility required to implement the special EPCRA water 
    priority chemical pollution prevention plan requirements, and has 
    determined that the added chemicals will not cause this range to be 
    exceeded.
    
    Cost of Compliance
    
        EPA received several comments concerning cost estimates for the 
    permit requirements, many of which offer similar viewpoints. EPA 
    provided estimates of the cost of compliance in the fact sheet to the 
    proposed permit. These costs covered a range of costs, from low to 
    high, that may be necessary to implement a storm water pollution 
    prevention plan at the wide range of types of facilities that will be 
    covered under this permit. Twenty-eight commenters stated that the 
    estimated cost for industry to comply with the multi-sector permit is 
    too high. In response to these comments, EPA re-examined its cost 
    estimates to ensure that they were accurate and to ensure that the 
    range, as estimated, adequately covered all anticipated circumstances. 
    From this re-evaluation, EPA believes that the costs of compliance, 
    which includes preparing and implementing a pollution prevention plan 
    during the term of the permit, are accurate and adequately cover the 
    range of anticipated costs for facilities that will be covered under 
    this permit. In addition, EPA believes the cost of compliance is not 
    high when compared to the potential site-specific requirements that may 
    be imposed in order to comply with an individual permit. Therefore this 
    multi-sector general permit represents a significant cost savings over 
    the individual permit option.
        Six of these commenters also cited the high end of the EPA cost 
    estimates as being too high for small businesses. In response to this, 
    EPA wants to clarify that the high-end cost estimates will mostly, if 
    not entirely, apply to larger, more complex facilities with more 
    potential sources of pollutants and therefore a more comprehensive 
    storm water pollution prevention plan. In deriving the cost ranges, EPA 
    anticipated that most small business compliance costs would fall at the 
    low end of the cost ranges.
        Twenty-four of the twenty-eight commenters who believed that the 
    estimated cost of compliance is too high also expressed concern that 
    the proposed permit will bear an unfair burden on small businesses and 
    possibly threaten their ability to remain in operation. However, 
    several of these commenters based their position on the high end of the 
    cost estimates, which are most likely to apply to larger facilities. In 
    response to this concern, 
    
    [[Page 51082]]
    EPA estimated the cost of compliance for a hypothetical small business 
    in the automobile salvage yard industry. This example has been added to 
    the fact sheet of the permit and illustrates an estimate of a small 
    auto salvage yard costs that such a facility many actually incur in 
    complying with this permit. The Agency expects that the actual cost of 
    compliance with the permit for a hypothetical small automobile salvage 
    yard would be $874 in the first year and $561 for each following year. 
    The low-end estimate is appropriate for the majority of smaller 
    facilities, with some facilities, like the hypothetical small auto 
    salvage yard, likely to face even lower costs.
        Nineteen commenters (including eleven of the twenty-eight who 
    believe that the estimated cost of compliance is too high) stated that 
    EPA's upper cost estimates given for complying with the proposed permit 
    are too low. Many of the commenters questioned how EPA has developed 
    its cost estimates and argued that the actual cost of compliance will 
    greatly exceed the costs cited by EPA. In response, EPA does not 
    believe its cost estimates are too low as mentioned above. EPA based 
    the cost estimates in the proposed permit on those prepared for the 
    baseline general permit. Because the compliance requirements in today's 
    permit reflect those in the baseline permit, EPA believes that the cost 
    of compliance with the multi-sector permit will be similar to the 
    baseline permit. Actual costs for some facilities may be lower in some 
    circumstances under the multi-sector permit because the multi-sector 
    permit fact sheet provides guidance on the types of BMPs that may be 
    applicable for an industry sector.
        In addition, several other specific concerns were presented by 
    small businesses. Sixteen small businesses commented that the 
    compliance costs would force small businesses to either lay off 
    employees or go out of business completely. Another seven commenters 
    warned of the consequences that could result if small automobile 
    recyclers were forced out of business by the cost of compliance with 
    the permit. They argued that vehicles would be abandoned along roads, 
    left in back yards, etc., resulting in a worse scenario than that which 
    existed before the permit was put into effect. In response, EPA does 
    not expect the costs of compliance with the multi-sector permit to 
    force a small business out of business as described above. In 
    developing the permit, the Agency considered not only the needs for 
    storm water controls, but also the capabilities of each sector's 
    facilities to maximize available in-house resources. EPA encourages 
    facilities to use activities and controls already routinely conducted 
    to the maximum extent possible to meet the permit requirements. EPA 
    anticipates that many small businesses will be able to tailor their 
    existing activities to satisfy many of the requirements of the multi-
    sector permit and that trade associations will help in developing model 
    pollution prevention plans and in providing technical information and 
    assistance to their membership.
        Eight small business responses called for a small business 
    exemption to eliminate storm water sampling and documentation 
    requirements. They perceived the costs for sampling and documentation 
    to be most burdensome on small businesses, many of which have limited 
    human resources. In response, EPA is not providing exemptions in the 
    multi-sector permit to businesses because of their size. However, EPA 
    has changed several requirements of the permit which will reduce burden 
    on the permittee. For example, comprehensive site compliance 
    evaluations are now required only annually for all industrial sectors. 
    EPA has also reduced some of the inspection requirements where 
    appropriate. Additional revisions have been made to various industrial 
    sector requirements to help reduce the burden on small business and 
    other permittees.
    
    Endangered Species Act (ESA) and National Historic Preservation Act 
    (NHPA)
    
        To address the provisions of the Endangered Species Act, the 
    proposed permit denied coverage to any discharge which had ``a direct 
    or indirect effect upon a listed endangered or threatened species or 
    its designated habitat''. The permit allowed coverage to discharges 
    with an impact on endangered or threatened species where the facility 
    had obtained an incidental take permit from either the U.S. Fish and 
    Wildlife Service (FWS) or the National Marine Fisheries Service (NMFS). 
    The proposed permit required that a discharger seeking coverage, 
    certify in its Notice of Intent (NOI) to be covered by the multi-sector 
    permit that its storm water discharge will not have any direct or 
    indirect effect on listed species or critical habitat unless the 
    discharger had first obtained a permit under Sec. 10 of the ESA (for 
    incidental takings).
        To comply with the provisions of the National Historic Preservation 
    Act, the proposed permit denied coverage to discharges that ``disturb a 
    site that is listed or eligible for listing in the National Historic 
    Register.'' A discharge that does disturb a historic site may be 
    eligible for coverage if the facility obtained, and is in compliance 
    with, a written agreement with the State Historic Preservation Officer 
    (SHPO). The permit required that a discharger seeking coverage must 
    certify in its Notice of Intent (NOI) to be covered by the multi-sector 
    permit that its storm water discharge will not disturb a site that is 
    listed or eligible for listing.
        A number of commenters opposed these eligibility restrictions and 
    suggested that the requirements be modified. Several commenters 
    suggested that the permit allow coverage for all facilities initially, 
    but include a provision which would allow the Director to exclude from 
    coverage any discharge which was determined to have an impact upon a 
    threatened or endangered species, or which disturbs a historic site. 
    Others stated that the terms ``no direct or indirect effect'' in the 
    ESA eligibility restrictions, and ``will not disturb'' in the NHPA 
    eligibility restrictions are overly broad and subject to varying 
    degrees of interpretation. These commenters requested clarification as 
    to what constitutes a direct effect, an indirect effect or a 
    disturbance. Still other commenters suggested that the eligibility 
    requirements merely require the applicant to send a letter to the 
    appropriate Agency requesting a determination of the facility's impact 
    upon threatened species, endangered species or historic sites. These 
    commenters argued that a facility does not have the resources to make a 
    determination on its own. Several commenters suggested that the 
    eligibility restrictions only apply to new facilities. They argued that 
    existing facilities should not be required to make the determination 
    because any effects or disturbances due to their discharges have 
    already occurred.
        Commenters also listed a number of reasons for removing the 
    eligibility restrictions altogether. Many commenters stated that the 
    permit inappropriately deferred EPA's responsibility to consult with 
    FWS, NMFS or Historic Preservation Offices to the discharger. They 
    argued that both ESA and NHPA require EPA to perform the consultation 
    prior to issuing the permit. The commenters argued that the 
    consultation would be costly and time consuming for dischargers to 
    perform. Several commenters stated that the Services and Offices which 
    would have to be consulted would be overwhelmed by the number of 
    inquiries generated by the permit and unable to respond to requests for 
    consultations in a timely manner. Other commenters stated that it was 
    unnecessary to include the ESA and 
    
    [[Page 51083]]
    NHPA requirements in the permit because facilities are already subject 
    to these and other existing federal laws and regulations. Requiring 
    compliance with these provisions in the permit places undue emphasis 
    upon these statutes in comparison to all other laws and regulations.
        In response to the comments regarding endangered species, the ESA 
    requires, among other things, that EPA ensure, in consultation with the 
    FWS and/or NMFS that actions it authorizes or carries out are not 
    likely to jeopardize the continued existence of threatened and 
    endangered (``listed'') species or result in the destruction or adverse 
    modification of the designated critical habitat of listed species. In 
    addition, the ESA generally prohibits EPA, as well as those seeking 
    general permit coverage, from ``taking'' listed species without the 
    prior authorization of the FWS/NMFS.
        To fulfill its responsibilities under the ESA, EPA developed a 
    series of conditions in the proposed permit which were reviewed by the 
    services during the consultation. The consultation culminated in the 
    issuance of a FWS/NMFS Biological Opinion that EPA's approach would not 
    likely jeopardize listed species, adversely modify critical habitat, or 
    result in takes. The consultation also resulted in changes to the 
    conditions of the permit for endangered species protection. The revised 
    conditions represent a simplified process that should be easier for 
    permittees to comply with, yet will still ensure that storm water 
    discharges authorized under this permit will not adversely affect 
    endangered species.
        The revised ESA conditions require that an applicant comply with 
    the ESA and be granted coverage under the permit only if the storm 
    water discharges and BMPs to be constructed are not likely to adversely 
    affect the endangered species listed in Addendum H of the permit; or 
    the applicant has received previous authorization under the ESA and 
    established an environmental baseline; or the applicant is implementing 
    other appropriate measures, as required by the Director, to address 
    adverse affects. In addition, the applicant must certify that their 
    storm water discharges and potential BMP construction activities are 
    not likely to adversely affect the species listed in Addendum H of the 
    permit. Addendum H is a county-by-county listing of the endangered 
    species upon which the consultation is based. EPA believes this new 
    process fully implements the requirements of the ESA and the outcome of 
    the consultation with FWS and NMFS, and is protective of endangered 
    species. EPA also considers this revised approach to be a more 
    practical and straightforward process for an applicant to gain coverage 
    under the multi-sector general permit.
        EPA expects that the vast majority of applicants will be able to 
    meet the ESA certification requirement by either determining that no 
    listed species are found in the county of the discharge or by 
    determining that listed species found in the county are not in 
    proximity to the discharge. EPA believes that requiring applicants to 
    provide the certification commented upon is reasonable and necessary so 
    that EPA may act to lawfully authorize an applicant's general permit 
    coverage. See Sec. 308(a)(A)(v).
        EPA does not need to enforce every law and regulation through 
    permits--only those which create obligations on EPA for its actions 
    (through statutes such as the ESA and the NHPA) that are in response to 
    permit applications presented to EPA by persons seeking to comply with 
    the CWA, e.g., applicants for NPDES permits.
        As to permit coverage for existing facilities, ``action'' under the 
    pertinent ESA regulations includes ``all activities. . .of any kind 
    authorized by federal agencies. . .[including] the granting of. . 
    .permits.. . .'' 50 C.F.R. Sec. 402.02. Agencies must consult with the 
    FWS or NMFS wherever an action may affect listed species. 50 C.F.R. 
    Sec. 402.14. Given that storm water discharges from existing facilities 
    may have new or continuing effects on listed species (in addition to 
    past effects), there was a clear need for coverage of existing 
    facilities also to be adequately protective.
        In response to the comments raised regarding the NHPA, EPA 
    recognizes that the National Historic Preservation Act (``NHPA'') 
    imposes obligations on the Agency to take into account the effect of 
    permit issuance on historic properties. Today's general permit 
    establishes a mechanism whereby the Agency can efficiently administer 
    the permit and still take into account the effect of general permit 
    coverage on historic properties consistent with its obligations under 
    the NHPA. EPA will assure NHPA compliance primarily through the 
    eligibility and certification requirements of the general permit. The 
    general permit does not authorize discharges that (1) affect a property 
    that is listed or eligible for listing on the National Register of 
    Historic Places, unless (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 undertaken by the applicant to mitigate and prevent adverse effects 
    to the historic property. Applicants for general permit coverage must 
    certify that they have read and are in compliance with the eligibility 
    provisions of the permit.
        The operation of this mechanism should assure compliance with the 
    NHPA for any authorization to discharge provided under today's permit. 
    EPA anticipates the first component of the eligibility/certification 
    mechanism will provide an adequate opportunity to take into account the 
    effect on historic properties for the vast majority of discharges to be 
    authorized under the permit. EPA anticipates that the preliminary 
    evaluation by the applicant will quickly identify those discharges that 
    may implicate concerns about historic preservation. The second 
    component will allow for general permit coverage after effects have 
    been effectively addressed (minimizing the need for an individual 
    permit).
        EPA recognizes that the eligibility/certification mechanism in 
    today's permit will not resolve all historic preservation concerns that 
    may arise due to control of storm water discharges. In some instances, 
    the first component of the eligibility/certification may not assure 
    ``no effect'' on historic properties, for example, if the applicant's 
    certification of eligibility is subsequently determined to be false. In 
    such instances, the discharge would be ``without a permit'' based on 
    the eligibility provisions. In some instances, the applicant and the 
    SHPO may have difficulty in reaching agreement on how to resolve 
    historic preservation concerns. Such instances may necessitate EPA 
    intervention or issuance of an individual permit. The eligibility/
    certification mechanism represents EPA's effort to assure Agency 
    compliance with the National Historic Preservation Act consistent with 
    the efficiencies of general permitting under the Clean Water Act.
    
    Comprehensive Site Compliance Evaluations
    
        The proposed permit contained requirements for facilities to 
    perform and document comprehensive site compliance evaluations. The 
    intent of the compliance evaluation is to: confirm the accuracy of the 
    description of potential pollution sources at the site, determine the 
    effectiveness of the storm water pollution prevention plan, and assess 
    compliance with the permit. The evaluation should be conducted by 
    members of the pollution prevention team. Deficiencies in the plan must 
    be corrected within two weeks of the 
    
    [[Page 51084]]
    evaluation and the corrections must be implemented within 12 weeks. 
    Most of the industry sectors required the evaluation to be performed 
    annually, however, a few sectors required more frequent comprehensive 
    site compliance evaluations. For example, the chemical and allied 
    products sector of the proposed permit required quarterly comprehensive 
    site compliance evaluations. A few industry sectors allowed less 
    frequent evaluations, for example the ore mining and dressing sector 
    only required evaluations every three years at inactive mine sites.
        Commenters expressed several concerns with the comprehensive site 
    compliance evaluation requirements. The primary concern dealt with the 
    required frequency for the evaluation. A number of commenters stated 
    that the evaluation should not be required more frequently than once 
    per year in any industry sector. Commenters stated that an annual 
    evaluation was sufficient to assure compliance of the plan with permit 
    requirements. Commenters also stated that the frequency should be 
    consistent across all sectors unless more frequent evaluations could be 
    justified. Commenters were also concerned with the time frame allowed 
    to modify the pollution prevention plan following the evaluation. 
    Commenters stated that two weeks is not sufficient time to obtain the 
    resources necessary to modify the plan. A few commenters also felt that 
    the comprehensive site compliance evaluation is redundant and 
    duplicative of the inspections required by the storm water pollution 
    prevention plan. The commenters argued that the evaluation should not 
    be required unless the inspections reveal recurring problems with the 
    plan. Finally, one commenter stated that the evaluation should be 
    performed by an outside consultant or corporate official with expertise 
    in storm water pollution prevention.
        In response, EPA has reconsidered the frequencies of the 
    comprehensive site compliance evaluation in the proposed permit and has 
    standardized the frequency to once per year in all sectors, unless 
    sector-specific justification is given for a more frequent inspection. 
    EPA also wants to clarify that the comprehensive site compliance 
    evaluation requirements are different from other inspection and 
    monitoring requirements of the permit. The comprehensive site 
    compliance evaluation is intended to be an overall comprehensive 
    inspection that is conducted at a minimum on an annual basis where the 
    pollution prevention plan is totally reviewed. The inspection should 1) 
    confirm the accuracy of the description of potential pollution sources 
    contained in the pollution prevention plan, 2) determine the 
    effectiveness of the plan, and 3) assess compliance with the terms and 
    conditions of the permit. These goals, in combination, are more 
    comprehensive than the other inspection and monitoring requirements in 
    the permit. The annual comprehensive site compliance evaluation also 
    satisfies the minimum monitoring requirement of all NPDES permits (40 
    CFR 122.44(i)(4)). Therefore, EPA is retaining the requirement that all 
    industrial sectors conduct an annual comprehensive site compliance 
    evaluation. To the extent that this compliance evaluation overlaps with 
    other inspections (e.g., daily inspections of storage areas), the 
    comprehensive site compliance evaluation can be used in place of the 
    other inspections. Because the comprehensive site compliance 
    evaluations are intended in part to determine the effectiveness of the 
    pollution prevention plan and compliance with the permit, EPA believes 
    it is important that a member of the pollution prevention team be 
    involved in conducting the evaluation.
        In response to the concern about the two week timeframe being to 
    short to fully implement changes to the plan if such are necessary as a 
    result of the inspection, EPA disagrees and believes a clarification is 
    necessary. Under the terms of the final permit, if a facility operator 
    determines a deficiency in the storm water pollution prevention plan 
    after conducting the annual comprehensive site compliance evaluation, 
    then the permit provides for up to two weeks to modify the plan and 
    then up to 12 weeks to implement the actual plan modifications. EPA 
    anticipates that many plan changes will be procedural or programmatic 
    in nature and as such should not take an excessive amount of time to 
    perform. EPA expects these to be easily completed within the 12 week 
    deadline. Where major changes are necessary that require construction, 
    such as installation of a new structural BMP, the permit conditions 
    allow for up to three years. EPA believes these timeframes are adequate 
    and therefore no changes to the final permit have been made.
    
    Response to Major Sector-Specific Issues
    
    Timber Products Facilities
    
        The proposed permit for timber product facilities does not cover 
    nonpoint source silvicultural activities, such as timber harvesting 
    operations and certain other silvicultural activities described under 
    SIC code 2411, which may be exempt from the National Pollutant 
    Discharge Elimination System (NPDES) permit program as described in the 
    silvicultural definition at 40 CFR Part 122.27. Many commenters agreed 
    that certain silvicultural activities are not covered by NPDES permit 
    requirements and are best controlled under the section 319 nonpoint 
    source program. Because these discharges are addressed by the section 
    319 nonpoint source program, some commenters recommended that the 
    language in the permit and the fact sheet be changed from providing an 
    ``exemption'' of these discharges to say that ``certain silvicultural 
    activities are not prohibited by or otherwise subject to these 
    regulations.'' Other commenters requested that the language concerning 
    coverage of silvicultural activities that is in the permit fact sheet, 
    also be placed in the permit to avoid confusion.
        In response, EPA believes that nonpoint source silvicultural 
    activities not covered under this permit (e.g., harvesting operations, 
    and certain other activities) are exempt from the NPDES permit program. 
    Exempt activities do not need to obtain an NPDES storm water discharge 
    permit. EPA does not believe that further clarification is necessary 
    beyond that already stated in the fact sheet to the timber products 
    sector. If a facility operator questions its regulatory status after 
    reviewing the fact sheet, the operator should contact the permitting 
    authority for the State in which it is located for additional guidance 
    on its regulatory status.
        Many commenters suggested that the definition of timber products 
    activities not required to obtain NPDES permits for storm water 
    discharges be expanded in the fact sheet. Some commenters wanted to 
    include remote log sort/concentration yards that do not conduct 
    processing activities. These commenters were concerned that the 
    proposed permit groups all log sort/concentration yards into the same 
    category as facilities processing timber products. They stated that the 
    activities performed at these yards are similar to forest harvesting 
    operations including unloading, stacking, storing and reloading 
    roundwood. In addition, they stated that the pesticides, herbicides, 
    and fertilizers presumed present at these sites are not usually there. 
    Another commenter requested that forest roads be included as nonpoint 
    sources, as well as forest recreational sites and national forest 
    administrative sites that do not include treatment facilities. The 
    commenter stated that these facilities could be effectively covered 
    under nonpoint source programs. 
    
    [[Page 51085]]
    
        In response, the permit fact sheet discusses coverage of certain 
    silvicultural activities which are classified as storm water discharges 
    associated with industrial activity under the NPDES storm water program 
    and those which are considered to be nonpoint source discharges. This 
    discussion explains the consistency between coverage under this multi-
    sector permit and existing NPDES storm water regulations defining storm 
    water discharges associated with industrial activity for the Timber 
    Products industry. EPA believes this discussion is clear and consistent 
    with NPDES regulations and that further expansion of the definition of 
    exempt nonpoint source activities at timber products facilities would 
    be inconsistent.
        Many commenters were concerned that the proposed sector had grouped 
    together all facilities that perform any wood treating, including 
    facilities that only end-treat boards with a paraffin wax. In response, 
    EPA has grouped together all those facilities that perform any wood 
    treating because they exhibit similar types of industrial activities at 
    their facilities. The groupings were made because the documentation and 
    data submitted in the group applications described them as similar. 
    Therefore, wood preservers who treat their wood with paraffin were not 
    separated from wood preservers, as a whole. In relation to monitoring, 
    while the proposed multi-sector permit required specific monitoring by 
    wood preservers and surface treaters, including those that only end-
    treat boards, the final multi-sector permit comprehensively changes the 
    monitoring requirements for all timber products facilities due to a 
    reassessment of the benchmark levels used to trigger monitoring and the 
    revised sub-categorization approach to determining the need for 
    industry sub-categories to monitor (See response to comments on 
    monitoring provisions). Facilities that end-treat boards with paraffin 
    are still required to monitor their storm water discharges, but for 
    fewer pollutants. Although the revised monitoring provisions in the 
    permit now require monitoring for all subcategories within the timber 
    products sector, the revised alternative certification provisions 
    should allow individual facilities with no exposure of the pollutants 
    of concern to forego the need to monitor. In relation to pollution 
    prevention plans, all timber products facilities will still be required 
    to control pollutants discharged into storm water through the use of 
    site-specific best management practices implemented through pollution 
    prevention plans which are tailored to each specific facility on a 
    case-by-case basis. This site-specific approach will allow a facility 
    which end-treats wood with paraffin to design a pollution prevention 
    plan appropriate for their facility.
        The proposed permit authorized non-storm water discharges from the 
    spray down of lumber at wood product storage yards where no chemical 
    additives are used in the spray down waters and no chemicals are 
    applied to the wood during storage. Several commenters supported the 
    proposed permit condition as an acceptable non-storm water discharge. 
    The commenters believed that the authorization of these discharges at 
    timber processing facilities is appropriate because these discharges 
    are intermittent and the activity is performed only when necessary. In 
    response, EPA believes that these non-storm water discharges, where 
    identified in a pollution prevention plan and where appropriate 
    pollution prevention measures are implemented, can be effectively 
    controlled under today's multi-sector permit and therefore are 
    allowable non-storm water discharges.
        Numerous entities commented on the pollution prevention plan for 
    timber product facilities. Many commenters supported the use of best 
    management practices in that they allow the permittees to determine the 
    most efficient and cost-effective measures for controlling pollutants 
    in storm water discharges. Several commenters provided lists of 
    additional BMPs that are appropriate for use at timber product 
    facilities. However, many commenters stated that the proposed 
    requirement for daily inspections of ``material handling activities and 
    unloading and loading areas whenever industrial activities occur in 
    those areas'' is confusing because these areas are considered 
    industrial activities. In addition, they believe the proposed frequency 
    of the inspections is overly burdensome and clarification of the 
    required documentation is needed. Some facilities stated that they 
    already conduct inspection of material handling and loading/unloading 
    areas when chemical preservatives are shipped or received. Some 
    commenters suggested that no documentation be required.
        In response, EPA would like to clarify that the proposed 
    requirement was intended to require site personnel to inspect the areas 
    where material handling and loading/unloading activities were occurring 
    on a daily basis. These areas would be inspected on those days when 
    material handling or loading/unloading activities were occurring but 
    would not be required to be inspected when the activities were not 
    occurring. This requirement was placed in the permit because these 
    areas are subject to leaks and spills of materials, tracking of spilled 
    chemicals by equipment, discharge of wood debris and dust generation 
    from heavy equipment. Daily inspection of these areas would only 
    require that someone be responsible for examining each of the areas to 
    determine which BMPs should be implemented to limit the contamination 
    of storm water discharges. For example, the inspector may see that a 
    small amount of a chemical has been spilled near a loading dock which 
    could potentially either be tracked away from the site on truck tires 
    or if it rained could enter the storm water discharge. With daily 
    inspections of these areas, the inspector could immediately initiate 
    clean up of the spill and make suggestions for additional BMPs to be 
    implemented into the plan to avoid future spills. No elaborate 
    documentation of these inspections is required, however, the facility's 
    pollution prevention team should develop a simple method of tracking 
    whether someone has observed the areas when material handling and 
    loading/unloading activities are being performed on a daily basis. If 
    follow-up measures are appropriate in response to the inspection, these 
    should be documented as well. For example, the documentation may simply 
    be checking a log sheet and stating on the sheet that the inspection 
    was performed on a particular day. Follow-up action may require 
    initiating the work and marking a log sheet stating that the work was 
    performed.
        EPA disagrees that daily inspections would be burdensome. The 
    inspection of material handling and loading/unloading areas is being 
    required daily (when activities are occurring in those areas) because 
    of the nature of the activities. These activities create a high risk 
    for discharging pollutants to storm water discharges and require that 
    more frequent assessments be made to ascertain the effectiveness of 
    BMPs in those areas. These inspections, which should become a simple 
    daily routine, may be made by personnel who are already in these areas 
    at the time the activity is occurring. If inspections are already being 
    conducted at material handling and loading/unloading areas when 
    chemical preservatives are shipped or received then these can be 
    incorporated as part of the pollution prevention plan and may satisfy 
    part of the requirement. In addition, EPA believes the commenters are 
    confused by the proposed language for daily 
    
    [[Page 51086]]
    inspections of material handling and loading/unloading areas in the 
    permit. Therefore, the language in today's multi-sector permit will 
    clarify this requirement.
        Numerous comments were received on the requirement to perform 
    monthly inspections at processing areas, transport areas and treated 
    wood storage areas of facilities performing wood surface protection and 
    preservation activities. The commenters argued that these inspections 
    are unnecessary because employees are currently trained to prevent 
    drippage of treatment chemicals on unprotected soils. They feel these 
    requirements are duplicative of requirements under RCRA Subpart W. EPA 
    disagrees that these inspections are unnecessary. Documentation 
    associated with the listing of wood preserving and wood surface 
    protection wastes at 40 CFR 261 showed that there remains a potential 
    for storm water to become contaminated through incidental activities 
    such as tracking of material, fugitive emissions, rushed operations and 
    miscellaneous other activities. EPA therefore believes it is necessary 
    to require these inspections so that site personnel may identify 
    sources of pollutants and to implement BMPs to minimize contamination 
    of storm water discharges at each facility. Where inspections of this 
    type are being conducted for another program requirement, such as for 
    RCRA, those inspections can suffice for meeting the requirements of 
    this permit.
        Some commenters were concerned that the requirement to identify 
    areas where soils are contaminated as a result of past surface 
    protection and preserving activities would be too burdensome. Some 
    commenters stated that it might require extensive and very expensive 
    testing of areas to determine where residual contamination remained and 
    may even require expensive environmental site assessments. Several 
    commenters argued that areas where contamination still remains could be 
    identified through the site inspections, and once identified could then 
    be remediated. In response, EPA disagrees that the requirement is too 
    burdensome. The proposed permit stated that ``Where information is 
    available, facilities that have used chlorophenolic, creosote, or 
    chromium-copper-arsenic formulations for wood surface protection or 
    preserving activities on site in the past should identify in the 
    inventory the following: areas of contaminated soils, treatment 
    equipment and stored materials that still remain and practices employed 
    to minimize the contact of these materials with storm water runoff.'' 
    If information is readily available, then the pollution prevention team 
    would merely incorporate that information into the plan and identify 
    pollution prevention measures to minimize contact with run-off. If the 
    information is not available, no additional site assessments would be 
    required. The fact sheet language in today's multi-sector permit 
    clarifies this requirement.
        In general, commenters supported the proposal that timber product 
    facilities that do not surface protect or preserve should not be 
    required to monitor their storm water discharges. These commenters 
    agreed that storm water pollution prevention plans provide the 
    necessary protection for controlling storm water pollution at timber 
    product facilities. Many comments were received on the sampling and 
    monitoring required by those timber products facilities that use 
    formulations for wood surface protection and preservation. Many of the 
    commenters were opposed to the sampling and monitoring requirements 
    because they would impose significant administrative and economic 
    burdens on wood preserving facilities in particular. They stated that 
    the data obtained through the proposed monitoring program would provide 
    marginal benefits to EPA because the highly variable data could not be 
    used to measure the performance of BMPs. They believe that the efforts 
    and expenses would be better used in developing and implementing 
    pollution control measures. A few commenters also argued that wood 
    preserving facilities should not have to monitor for TSS, COD and BOD 
    because the requirement is based on concentrations from NURP studies 
    which were performed in residential areas and because these pollutants 
    are not toxic to aquatic life. Some commenters were opposed to 
    monitoring requirements at remote storage sites because there is 
    neither meteorological equipment nor staff available and transportation 
    to these sites is very difficult.
        Some commenters did not agree with the requirement for facilities 
    that use copper-chromium-arsenic formulations to sample for both copper 
    and arsenic because it is not supported in the data. These commenters 
    suggested that, if additional data was needed, only one of the 
    parameters (copper) be monitored because sampling for both was 
    unnecessary. Other commenters argued that arsenic should not be 
    required to be sampled because, while toxic to humans if ingested, it 
    is not toxic to aquatic organisms. Numerous commenters argued that 
    timber product facilities where chlorophenolic formulations were used 
    in the past for wood preservation should not be required to monitor 
    storm water discharges for pentachlorophenol where prior testing has 
    shown that there is no chlorophenolic residue at the facility.
        A number of commenters in this sector also commented about: the 
    proposed cut-off concentrations that would be used to determine whether 
    facilities must sample during the fourth year of the permit term or 
    under the alternative certification provisions of the permit; the 
    variability of pollutant concentrations in storm water discharges; the 
    eventual imposition of effluent limitations based on the cutoff 
    concentrations; the use of total recoverable metals analyses; the 
    toxicity of pollutants to aquatic organisms given receiving water 
    dilution during wet weather events; the alternative monitoring 
    provisions proposed in the fact sheet; the use of visual monitoring; 
    the quality of the part II sampling database; the identification of 
    priority sectors for monitoring and other monitoring issues that are 
    discussed under the monitoring section of this summary.
        As a result of the comments on monitoring throughout the multi-
    sector permit, EPA has revised the methodology for determining which 
    sectors need to monitor (See discussion under monitoring). The 
    methodology developed for the final permit analyzed the group 
    application data based on three digit (or more) sub-sectorization of 
    the industries represented in the groups. Based on this revised 
    methodology, the timber products sector has been divided into four sub-
    sectors for data analysis. These four sub-sectors are SIC code groups 
    2421 (sawmills and planing mills), 2491 (wood preserving), 2411 (log 
    storage), and 2426/2429/243/244/245/2493/2499 (millwork, veneer, wood 
    containers, plywood and structural wood, and wood products not 
    elsewhere classified). Using the data in the group application 
    database, and data submitted subsequent to development of the database, 
    EPA analyzed the monitoring requirements for these four sub-sectors 
    using the revised benchmarks. As a result, EPA is now requiring 
    monitoring of all four sub-sectors in the timber products sector. SIC 
    code 2421 will monitor for COD, TSS and zinc. SIC code group 2491 will 
    monitor for total recoverable arsenic and total recoverable copper, SIC 
    code group 2411 will monitor for TSS and SIC code groups 2426/2429/243/
    244/245/2493/2499 will monitor for COD and TSS. In addition, the timber 
    products industry must perform quarterly visual examinations of their 
    storm water pollution prevention plan. EPA believes 
    
    [[Page 51087]]
    these revised monitoring requirements are responsive to the major 
    comments received on the proposed monitoring provisions in that the 
    monitoring is more industry-specific due to the sub-sector approach and 
    that this approach more accurately identifies the pollutants of concern 
    within each industry subsector. In response to the issue of whether a 
    remote facility should be required to comply with the monitoring 
    provisions, EPA realizes that if a facility is inactive and unstaffed 
    it may be difficult for the operator to collect storm water discharge 
    samples when a qualifying event occurs. Today's final permit has been 
    revised so that inactive, unstaffed facilities can exercise a waiver of 
    the requirement to conduct quarterly chemical sampling. In addition, if 
    an active facility cannot collect a sample within a given quarter due 
    to weather problems, inaccessibility, etc. then the permit allows the 
    facility operator to take a replacement sample in the next quarter.
        With regard to the requirement to conduct monthly visual 
    examinations, EPA has reduced the visual examination schedule for 
    active sites to only quarterly and has allowed a waiver of this 
    requirement for inactive, unstaffed facilities. The operator should 
    consult their permitting authority. Under these circumstances, the 
    multi-sector storm water permit may not be a feasible permit for the 
    facility and an alternative storm water discharge permit may be more 
    appropriate.
    
    Chemical and Allied Products Manufacturing
    
        EPA received 19 comments specifically concerning the Chemical and 
    Allied Products Manufacturing sector. A common concern of these 
    commenters was a disagreement with EPA's grouping of all chemical and 
    allied product manufacturers into one sector. Various commenters stated 
    that they should not be in the same sector with certain facilities 
    which they believed posed more of a threat to water quality. Several 
    commenters suggested that this sector be subdivided with different 
    requirements for each of the subdivisions.
        Although the proposed permit divided the Chemical and Allied 
    Product Manufacturing sector into eight subsectors, it applied the same 
    requirements to each of these subsectors. Commenters expressed 
    dissatisfaction with this aspect of the proposal. One commenter stated 
    that some groups in this sector should get monitoring exemptions 
    granted if they can demonstrate that they are substantially different 
    from other groups in the sector. Commenters raised several other 
    issues. One stated that there is no such thing as a typical chemical 
    manufacturing facility and that EPA needs to visit each in the ``broad 
    array of chemical facilities'' in order to understand the diversity of 
    the industry. EPA understands that there may be significant differences 
    between facilities in each sector and even within a subsector. Each 
    facility has its own unique land features, operations and storage 
    activities, material management practices, and chemical product 
    manufacturing, packaging, and transferring techniques. It is not 
    feasible that EPA visit each facility that will be regulated under this 
    permit and in fact this level of scrutiny would best lead to the 
    development of an individual storm water discharge permit for each 
    chemical manufacturing plant. However, this is not the intent of this 
    permit action, which is to issue a storm water general permit for 
    similar types of industrial activities described under this sector and 
    subsectors. In recognition of the differences between facilities, EPA 
    is issuing a flexible storm water general permit, which allows each 
    permittee to develop a pollution prevention plan for their own 
    facility. This permit also contains an ``alternative certification'' 
    condition, which allows a waiver for any chemical monitoring 
    requirement for a pollutant that the permittee believes is not present 
    at the facility.
        One commenter stated that the proposal arbitrarily and capriciously 
    requires thirty (30) mandatory structural and non-structural Best 
    Management Practices (BMPs) and that EPA should defer BMP selection to 
    the discretion of the facility operators. In response to this concern, 
    EPA has reviewed the requirements in this sector, and for all other 
    sectors, for BMP implementation and has revised the final permit to 
    maintain flexibility in the selection of BMPs to be implemented at any 
    particular industrial activity. The facility operator is allowed to 
    choose the best type of management practices for their facility and 
    their particular storm water problems. The permit does not mandate 
    specific structural controls.
    
    Asphalt Paving and Roofing Materials and Lubricant Manufacturing 
    Facilities
    
        Several commenters indicated that there should be further 
    subdivision of the industries covered by the asphalt paving and roofing 
    materials manufacturers and lubricant manufacturers sector. Commenters 
    indicated that the industries covered by the sector do not have similar 
    raw materials, finished products or processes. EPA realizes there are 
    differences in the industrial activities covered under this section of 
    the permit. EPA has analyzed the sampling data for the asphalt paving 
    and roofing materials manufacturers separately from the lubricant 
    manufacturers. The determination of the monitoring requirements for the 
    final permit were made based upon the subsector analyses, not upon 
    analyses of the entire sector's data. Although there were differences 
    in the concentrations of pollutants in storm water discharges from 
    these types of facilities, these differences are not substantial. 
    Regardless, the permit requirements allow for variation from facility 
    to facility. The operator must prepare a storm water pollution 
    prevention plan based upon the sources of contamination which they 
    identify.
        Commenters also expressed concern with the portion of the proposed 
    permit's fact sheet which discusses the potential pollutants of 
    concern. Commenters stated that they disagreed with EPA's 
    characterization of several pollutants being ``of concern''. The 
    commenters felt that the part 2 application sampling results clearly 
    indicated that these pollutants were not of concern for the industry.
        The pollutants of concern are the parameters listed in the fact 
    sheet as potentially being present in the storm water discharges and 
    they may be different from the pollutants which a sector is required to 
    monitor. These pollutants are listed based upon significant materials 
    and industrial activities and other information submitted in the group 
    applications. The listing of these pollutants provides guidance to 
    facility operators in helping identify potential sources of storm water 
    contamination and in selecting appropriate BMPs. EPA believes that the 
    Part 2 sampling results cannot be the sole factor considered when 
    selecting pollutants of concern for an industry. Permit writers must 
    also consider all significant materials and industrial activities 
    exposed to storm water.
        Several commenters reinforced EPA's decision not to include 
    analytical monitoring requirements for the asphalt or lubricant 
    manufacturing facilities. A number of commenters stated their 
    opposition to the alternative monitoring requirements included in the 
    proposed permit's fact sheet. (The alternative monitoring requirements 
    included annual analytical requirements for TSS, COD, pH and oil and 
    grease.) One commenter expressed support for the analytical 
    requirements, indicating that this would be the best way to evaluate 
    the effectiveness of the storm water pollution prevention plan. 
    
    [[Page 51088]]
    
        Based on the revised methodology for determining pollutants of 
    concern (discussed under monitoring), EPA has determined that limited 
    analytical monitoring requirements are necessary to aid the asphalt or 
    lubricant manufacturing facilities in evaluating the effectiveness of 
    the permit. Today's permit contains analytical monitoring requirements 
    for total suspended solids (TSS) from these facilities. There are also 
    compliance monitoring requirements for asphalt emulsion manufacturing 
    facilities which are subject to the storm water effluent limitations 
    guidelines. Facilities in this sector should not overlook this 
    requirement.
        One commenter indicated that the frequency of the visual 
    examination of storm water discharge was burdensome and suggested 
    reducing the frequency to a semi-annual basis. In response EPA believes 
    that facilities must perform visual examinations of storm water 
    discharges in order to assess the effectiveness of the storm water 
    pollution prevention plan over the course of the year. The discharge of 
    pollutants may be impacted by the seasonal weather changes, or 
    operational changes that occur over the course of 6 months. It is 
    necessary for a facility to examine their storm water discharge on a 
    quarterly basis to assess how these changes impact the quality of the 
    discharge. The same commenter also suggested that a facility not be 
    required to perform the visual exam after two consecutive ``clean'' 
    samples are observed. EPA does not agree with the commenters 
    suggestion. It is not possible to define a ``clean'' sample for a 
    visual examination, because the visual exam is subjective. The exam is 
    not intended to provide facilities with an absolute means of comparing 
    their discharge to other facilities' discharges, it is intended to 
    provide operators with a relative comparison of the discharge quality 
    from one period to another.
        One commenter indicated that the compliance monitoring requirements 
    and numerical effluent limitations should be eliminated for the asphalt 
    roofing emulsion manufacturing facilities. The commenter felt that 
    group application sampling data showed there was no need for 
    monitoring. EPA's response is that the numerical effluent limitations 
    for storm water discharges associated with asphalt roofing or pavement 
    emulsion must be included in any NPDES permit which covers these 
    discharges as required by the effluent limitations guideline at 40 CFR 
    Part 443. The permit must also require at least annual monitoring for 
    any pollutant limited by the effluent limitations guideline. These are 
    requirements which cannot be modified in the context of this permit 
    issuance.
    
    Stone, Clay, Glass, and Concrete Products
    
        There were a number of comments received regarding the proposed 
    permit requirements for the glass, clay, cement, concrete, and gypsum 
    product manufacturing sector. These comments focused primarily upon 
    three areas; the types of industrial activities addressed under the 
    sector, the storm water pollution prevention plan storm water pollution 
    prevention plan requirements, and the monitoring requirements.
        Several commenters indicated that they believed the sector included 
    too diverse a range of industrial activities, and that sectors should 
    be created for each of the various industrial activities currently 
    covered under the one sector. Commenters were concerned that industries 
    with relatively little discharge of contaminated storm water had been 
    placed into a sector with industries with higher contamination, and 
    that more stringent monitoring requirements were being placed upon 
    their industry than would have been required had their industry or 
    group been considered separately.
        In response to these and other concerns, EPA has revised its 
    methodology for determining the monitoring requirements. EPA divided 
    this sector into four subsectors for further data analyses and 
    comparison to benchmarks. The subsectors included: glass products 
    manufacturing, cement manufacturing, clay products manufacturing, and 
    concrete products manufacturing. Monitoring requirements were 
    determined based upon this subsector analyses.
        However, in relation to the storm water pollution prevention plan 
    requirements for the sector, these requirements remain the same as 
    proposed. EPA believes there is sufficient flexibility within these 
    requirements to allow the each permittee to select the most appropriate 
    measures for their site. Therefore, subsectored pollution prevention 
    plan requirements were not added to the final permit.
        Commenters also expressed concern that the storm water pollution 
    prevention plan requirements for this sector are burdensome, 
    particularly the requirements for storage of fine granular solids, 
    removal of spilled materials, and management of runoff. One commenter 
    stated that storage of bulk dry materials in an enclosed area would be 
    too costly, and that covering the materials with a tarp would be 
    impractical given the need to access the piles. In response, EPA wishes 
    to clarify that today's permit requires that facilities prevent the 
    exposure of fine, dry granular solids to storm water. The permit does 
    not require these materials to be enclosed, or permanently covered. At 
    a minimum, a facility must cover these storage piles while the piles 
    are not in use and while it is raining. However, the piles need not be 
    constantly covered, provided a tarp or other removable cover is near 
    by. It should also be clarified that the requirement does not apply to 
    coarse granular material such as sand or gravel, only to fine granular 
    materials that are readily suspended or dissolved into storm water such 
    as cement or fly ash.
        The same commenter stated that a facility should be permitted to 
    select the BMPs for removal of spilled materials from paved areas. In 
    response, EPA wishes to clarify that the permit allows ``regular 
    sweeping, or other equivalent measures'' therefore the permit does 
    provide the permittee flexibility in selecting the methods for removing 
    spilled materials.
        The majority of the comments received regarding the requirements 
    for glass, clay, cement, concrete, and gypsum product manufacturing 
    facilities addressed the monitoring requirements contained in the 
    proposed permit. Many of these comments addressed the methodology for 
    selection of this sector as a ``priority'' monitoring sector. These 
    comments expressed concern that the monitoring methodology did not 
    consider the variation in industrial activities within the sector.
        The comments also expressed concern that the bench mark or ``cut-
    off'' concentrations were too restrictive. As a result of these and 
    other comments, EPA has modified the methodology for selection of 
    industries as ``priority monitoring sectors (comments regarding the 
    methodology for selection are addressed separately in this attachment). 
    The selection of industries and parameters for monitoring was made at 
    the subsector level. Sampling requirements for the glass subsector, the 
    cement subsector, the clay subsector, and the concrete subsector were 
    determined separately. The results of the modification in the 
    monitoring methodology are a reduced list of parameters for analytical 
    monitoring in the concrete, clay and cement products manufacturing 
    facilities.
        A number of commenters endorsed the alternative monitoring 
    requirements which were included in the fact sheet for the proposed 
    permit because these requirements only consisted of visual examination 
    of discharge without any 
    
    [[Page 51089]]
    analytical monitoring. After further review and consideration of the 
    sampling data submitted, EPA has determined there is a significant 
    potential for the clay and concrete products facilities to discharge 
    pollutants at high concentrations. Sampling at these facilities during 
    the term of the permit is necessary to determine the presence of 
    pollutants and to assess the effectiveness of the storm water pollution 
    prevention plan in controlling them. The alternative monitoring 
    requirements are not included in today's permit for this sector.
        Several commenters state that the requirements for monthly visual 
    examination of storm water is unreasonable, and burdensome. In 
    response, EPA has determined that a monthly visual examination is not 
    necessary and that a quarterly (four times per year) visual examination 
    of storm water discharge will provide sufficient information to the 
    permittees in evaluation of the storm water pollution prevention plan, 
    without imposing a substantial burden on the facility.
    
    Primary Metals
    
        A number of commenters were opposed to the use of benchmark levels 
    for the determination of which sectors should conduct monitoring, or 
    opposed benchmark levels for specific pollutants as being 
    inappropriate. Generally, commenters expressed concern that the 
    benchmark levels were unrealistically low and would result in 
    monitoring requirements even for ``clean'' facilities. Primary metals 
    facilities were especially concerned about the proposed benchmark level 
    for pyrene, which commenters believed was below detection levels, and 
    is not used by many facilities in the industry.
        In response, EPA has reevaluated benchmark levels for all 
    pollutants, and has adjusted the level for several. The new benchmark 
    level for pyrene is 0.01 mg/L based on a laboratory derived minimum 
    level (ML). Because of this new benchmark, facilities in the Primary 
    Metals sector are no longer required to monitor for pyrene under the 
    standard monitoring requirements of this sector. In addition, 
    flexibility has been added to the permit through the adoption of an 
    alternate certification that allows facilities that can certify that 
    they do not have exposure of a particular pollutant to storm water to 
    eliminate monitoring for that specific pollutant.
        EPA received many comments opposing the combination of several 
    group applications into the primary metals sector. Commenters pointed 
    out differences between industry subgroups and requested different 
    requirements for different subgroups. Several commenters stressed that 
    unless monitoring requirements were to be determined based on subgroups 
    within the sector, that additional flexibility was needed to account 
    for the wide variety of facilities within the sector.
        Although EPA agrees that industries within the primary metals 
    sector conduct a variety of activities, the flexible conditions of the 
    permit address those differences adequately. In response to comments 
    regarding inappropriate grouping of industry sectors, sampling data has 
    been reevaluated at the 3 digit SIC code level to determine which 
    facilities will be required to conduct monitoring. Facilities in the 
    primary metals sector have been subdivided into seven groups: SIC 331--
    steel works, blast furnaces, and rolling and finishing mills; SIC 332--
    iron and steel foundries; SIC 333--primary smelting and refining of 
    nonferrous metals; SIC 334--secondary smelting and refining of 
    nonferrous metals; SIC 335--rolling, drawing, and extruding of 
    nonferrous metals; SIC 336--nonferrous foundries (castings); and SIC 
    339--miscellaneous primary metals products. The final permit monitoring 
    requirements now apply to only facilities in SIC groups 331, 332, 335, 
    and 336.
        Some commenters also opposed the monthly inspections and visual 
    monitoring requirements, as well as the quarterly comprehensive site 
    compliance evaluations for this sector. EPA has dropped the monthly 
    facility inspections and visual monitoring requirements. EPA believes 
    that quarterly facility inspections and visual monitoring should be 
    adequate to evaluate the effectiveness of the pollution prevention 
    plan. The requirements for conducting comprehensive site compliance 
    evaluations have also been modified. Comprehensive evaluations will be 
    required only on an annual basis for this sector rather than quarterly, 
    as proposed.
        Many commenters suggested alternate monitoring frequencies than 
    those proposed. Generally, commenters felt that monitoring four times 
    per year in years 2 and 4 was unnecessarily burdensome, impractical, or 
    unrealistic, especially in arid and remote locations. Some commenters 
    suggested that monitoring one or two times per year would provide 
    representative data at less expense to regulated facilities.
        EPA disagrees that quarterly sampling is unrealistic and has 
    provided some flexibility for active facilities that do not experience 
    a representative storm event during the required sampling period. When 
    a discharger is unable to collect a sample during a monitoring period 
    due to adverse climatic conditions, the discharger may collect two 
    samples from two separate qualifying storm events in the next period 
    and submit these data. This waiver is only intended to apply to 
    insurmountable weather conditions such as drought or dangerous 
    conditions such as lightning, flash flooding, or hurricanes. EPA 
    believes that quarterly sampling will allow better characterization of 
    storm water discharges and assessment of the effectiveness of the 
    facilities' pollution prevention plan, without placing an undue burden 
    on permittees. Annual sampling could not accomplish an adequate 
    assessment.
        Several commenters expressed opposition to the potential inclusion 
    of whole effluent toxicity (WET) testing under the multi-sector permit 
    and characterized WET testing as expensive, impractical, inappropriate, 
    and useless. Although EPA is not including WET testing under the terms 
    of today's permit for this sector, EPA disagrees that WET testing is 
    inappropriate for testing storm water discharges. EPA believes that WET 
    testing can be a valuable monitoring tool in certain circumstances.
    
    Metal Mining
    
        Comments on permit requirements in the metal mining (ore mining and 
    dressing) sector, focused on the application of the effluent limitation 
    guidelines, compliance time, grouping of facilities, end-of-pipe 
    treatment, definition of inactive and active mining, scope of coverage 
    offered by the permit, and monitoring requirements.
        A special condition of the multi-sector general permit is that 
    those discharges subject to the effluent limitations guidelines (ELG) 
    for the Ore Mining and Dressing Point Source Category (40 CFR 440) 
    cannot be covered under the permit. Table G-4 in Part VIII.G. of the 
    Fact Sheet contains a listing of various sources of discharges at 
    active metal mining facilities and specifies whether or not discharges 
    from those sources are subject to the ELG. Several commenters contend 
    that through this clarification, EPA will expand the scope of 
    discharges subject to the ELG by including storm water runoff from 
    overburden, waste rock piles, haul roads, and other sources as being 
    subject to the ELG. The commenters contend that storm water runoff from 
    these sources previously had not been subject to the ELG and 
    
    [[Page 51090]]
    could, in the past, be permitted as storm water discharges.
        EPA believes Table G-4 represents a clarification of the 
    relationship of ELG and storm water at active metal mining sites, and 
    does not expand the current ELG requirements. EPA also believes the 
    development document and the ELG support the interpretation given in 
    Table G-4. In the November 6, 1975 preamble to the effluent limitations 
    guideline, it states ``The definition of a mine was intended to be 
    sufficiently broad to cover all point source pollution resulting from 
    all of the activities related to operation of the mine including 
    drainage tunnels, haul roads, storage piles, etc.'' (40 FR 51727). In 
    the 1978 development document (Development Document for Effluent 
    Limitations Guidelines and New Source Performance Standards for the Ore 
    Mining and Dressing Point Source Category, EPA, July 1978, page 146), 
    the following definition of a mine was given for purposes of 
    recommending subcategories and effluent limitations guidelines and 
    standards:
    
        A mine is an area of land upon which or under which minerals or 
    metal ores are extracted from natural deposits in the earth by any 
    means or methods. A mine includes the total area upon which such 
    activities occur or where such activities disturb the natural land 
    surface. A mine shall also include land affected by such ancillary 
    operations which disturb the natural land surface, and any adjacent 
    land the use of which is incidental to any such activities; all 
    lands affected by the construction of new roads or the improvements 
    or use of existing roads to gain access to the site of such 
    activities and for haulage and excavations, workings, impoundments, 
    dams, ventilation shafts, drainage tunnels, entryways, refuse banks, 
    dumps, stockpiles, overburden piles, spoil banks, culm banks, 
    tailings, holes or depressions, repair areas, storage areas and 
    other areas upon which are site structures, facilities, or other 
    property or materials on the surface, resulting from or incident to 
    such activities (emphasis added).
    
    It is important to note that the definition of ``mine'' includes the 
    term ``resulting from''. Thus, something ``resulting from'' the mining 
    activity is considered part of the active mine even though there is no 
    activity at that specific part of the mine (e.g. waste rock is no 
    longer being placed on a waste rock pile that is part of the mine). It 
    would continue to be considered as part of the active mine until 
    reclamation is started on that same portion of the mine. Residuals 
    (waste rock piles, tailings piles, etc.) from historical mining at the 
    site are not part of the active mining area unless they are re-
    disturbed by the current mining activity. The revision of the ELG in 
    1982 addressed best available technology economically achievable (BAT), 
    best conventional pollutant control technology (BCT), and best 
    available demonstrated technology (BADT). That revision did not address 
    the issue of what discharges were subject to the ELG. The definition of 
    mine remained unchanged. In 1983, training sessions on how to implement 
    the ELG were held for permit writers from EPA Regions and approved 
    NPDES States. The guidance document used for those training sessions 
    included the following Statement:
    
        ``Active mine areas'' include the excavations in deep mines and 
    surface mines; leach areas; refuse, middling, and tailing areas; 
    tailing pond, holding and settling basins; and other ancillary areas 
    to a mine or mill. Active mine areas do not include areas unaffected 
    by mining or milling.
    
        Based on the above, it is EPA's position that the following storm 
    water discharges at active metal mining facilities are not subject to 
    the ELG and can be covered by the multi-sector general permit: offsite 
    haul/access roads; onsite haul roads not constructed of waste rock or 
    spent ore; runoff from tailings dams/ dikes when not constructed of 
    waste rock/tailings; concentration building and mill site if storm 
    water only and no contact with material storage piles; chemical storage 
    area; docking facility; explosive storage; fuel storage; vehicle/
    equipment maintenance area/building; vehicle/equipment parking areas; 
    power plant; truck wash area; reclaimed areas released from reclamation 
    bonds prior to December 17, 1990; and partially/inadequately reclaimed 
    areas or areas not released from reclamation bond. Storm water 
    discharges from inactive mining facilities can be covered under the 
    multi-sector permit.
        In developing Table G-4, consideration was given to such factors as 
    the nature of the source, the materials in the sources (e.g. raw 
    materials, intermediate products, or waste products from the mining and 
    milling operations), and whether or not it was likely that source was 
    considered in the development of the ELG. It was decided that runoff 
    from on-site haul roads not constructed of waste rock or spent ore, and 
    runoff from tailings dams/dikes not constructed of waste rock/tailings 
    should not be considered subject to the ELG because they do not have 
    the same potential for containing toxic pollutants as do mine wastes. 
    Such runoff would be similar to that from non-mine facilities.
        Two commenters stated that if the scope of discharges subject to 
    the ELG for the Ore Mining and Dressing Point Source Category is 
    expanded, then the permit needs to allow additional time (up to 3 
    years) to come into compliance with the effluent limitations as was 
    proposed for the effluent limitations in the mineral mining sector. As 
    explained in the response to the previous comment, Table G-4 is a 
    clarification, not an expansion, of the discharges subject to the ELG. 
    The multi-sector general permit does not authorize (apply to) 
    discharges subject to the ELG for metal mining (i.e., 40 CFR Part 440). 
    Therefore, a schedule for achieving compliance with those effluent 
    limitations is not appropriate for the multi-sector general permit. 
    Furthermore, the statutory deadline for compliance with the ELG is 
    past.
        A commenter felt that the draft multi-sector permit is extremely 
    generic and lumps together all facilities in an extremely broad 
    industry sector (e.g., ore mining and dressing), regardless of 
    differences in product, processes used, or topographic and climatic 
    conditions. The commenter further stated that difficulties caused by 
    generic treatment of disparate facilities in a broad industry 
    ``sector'' (e.g., the ore mining and dressing sector) are exemplified 
    by the manner in which EPA determined the need for analytical 
    monitoring requirements. The commenter had understood the purpose of 
    the group application process to be the development of tailored, 
    industry-specific permits for groups of facilities located in very 
    similar areas, with permit conditions being tied to the particular 
    circumstances of those facilities as described in the group application 
    (including the sampling data provided in those applications).
        This comment is similar to comments on several other sectors of the 
    permit. The requirements to develop a storm water pollution prevention 
    plan for metal mining facilities allows a great deal of flexibility to 
    take into consideration such variables as type of ore being mined, 
    pollutants of concern, type of mine, and local topography and climate. 
    It would be difficult to have a variety of monitoring options to cover 
    the various combinations of ores and climates, given the limited data 
    submitted. Decisions being made on benchmark values may reduce 
    monitoring requirements. Two commenters felt that imposing end-of-pipe 
    treatment requirements for storm water discharges from mining 
    operations, such as those contained in the ore mining and dressing 
    effluent limitation guidelines, is both impractical and unnecessary. In 
    the commenters opinion, the use of BMPs is 
    
    [[Page 51091]]
    more appropriate than the use of numerical effluent limitations.
        This comment appears to be related to a previous comment about EPA 
    expanding the scope of discharges from metal mining facilities that are 
    subject to the effluent limitations guidelines (ELG) for the Ore Mining 
    and Dressing Point Source Category (40 CFR Part 440). As previously 
    mentioned, those discharges subject to the ELG are not authorized by 
    the multi-sector permit. The storm water pollution prevention plan 
    requirements in the permit do not include the requirement to use end-
    of-pipe treatment for those storm water discharges from metal mining 
    operations that can be covered by the permit. In some situations end-
    of-pipe treatment may be the appropriate means of control and should be 
    used. That would be determined on a case-by-case basis.
        With regard to the definition of inactive metal mining and dressing 
    facilities, two commenters stated that the proposed 10-year period for 
    declaring inactive status is arbitrary. They suggest that a more 
    logical date for the distinction between active and inactive facilities 
    would be December 17, 1990, which is now expressly referenced in EPA's 
    storm water regulations at 40 CFR Sec. 122.26(b)(14)(iii).
        In response, some metal mining facilities may be temporarily shut 
    down due to poor market conditions (e.g., uranium mines), seasonal 
    conditions (e.g., heavy winter snows), and/or other factors. Some of 
    these facilities are ``mothballed'' with the intent of bringing them 
    back into operation when conditions improved to an acceptable level. 
    For purposes of the multi-sector permit it was decided to consider such 
    facilities as ``temporarily inactive'' rather than inactive. The 
    distinction between ``temporarily inactive'' and ``inactive'' often is 
    unclear when no reclamation activities have occurred at the site. In 
    the draft permit the distinction between temporarily inactive and 
    inactive was a period of ten (10) years with no mining and/or milling 
    activity at the site. In the final permit the determination will be 
    based on whether or not the facility has an active mining permit issued 
    by the applicable (federal or State) governmental agency that 
    authorizes mining at the site. All States now have agencies that have 
    the authority to authorize mining on non-federal lands. Even though 
    there may be no activity at the facility, it will be considered 
    temporarily inactive as long as it has a permit for mining activity at 
    the site.
        The definitions of inactive and temporarily inactive facilities 
    have been revised somewhat to reflect what EPA believes to be the 
    appropriate distinction between the two definitions. In order for a 
    site, or portion thereof, to be considered ``inactive,'' there must not 
    be any current metal mining and/or milling activities, as defined in 
    this permit, at that portion of the site and that portion of the 
    facility does not have an active mining permit issued by the applicable 
    governmental agency that authorizes mining at the site.
        A metal mining facility, or portion thereof, is considered to be 
    ``temporarily inactive'' if metal mining and/or milling activities 
    occurred in the past, but currently are not being actively undertaken, 
    the facility has an active mining permit issued by the applicable 
    governmental agency that authorizes mining at the site. There is no 
    time limitation on how long such a site can be considered to be 
    temporarily inactive. EPA believes such sites should provide the extra 
    storm water pollution prevention requirements that the temporarily 
    inactive status requires compared to what is required for inactive 
    status.
        The proposed permit would require metal mining sites to identify, 
    in pollution prevention plans, the outfalls from the site that contain 
    mine drainage or process water and designate for each outfall the 
    boundaries of the area that contribute to such areas. A commenter 
    objected to this permit condition as being beyond the scope of the 
    proposed multi-sector permit. Except for primary metals industrial 
    sector, this is not being required of other industrial sectors.
        In response, Part XI.G.3.a(3)(a)(i) of the draft permit stated ``A 
    site topographic map shall be included in the plan that indicates, at a 
    minimum: . . . and boundary of area that contributes runoff to outfalls 
    that are subject to effluent limitations guidelines.'' EPA would like 
    to clarify that the last part should read ``. . . boundary of tributary 
    area that is subject to effluent limitations guidelines.'' Those 
    discharges that are subject to effluent limitations guidelines (ELG) 
    need to be regulated under another permit. It is the permittee's 
    responsibility to identify discharges that are not authorized under 
    this permit, but that mix with those storm water discharges that are 
    authorized by the permit. This requirement is included in the metal 
    mining sector because at most metal mines there are numerous areas 
    where the storm water runoff is subject to the ELG. That is not the 
    situation for most of the other sectors covered under the multi-sector 
    permit.
        One commenter stated that EPA should clarify that storm water 
    permits are not required for discharges at mining sites which are not 
    contaminated by contact with significant materials. This comment also 
    applies to the coal mining and mineral mining sectors.
        In response, based on the definition of storm water discharges 
    associated with industrial activity (40 CFR 122.26(b)(14)(iii)), a 
    permit is required for discharges from mining and milling facilities 
    where the discharge has come into contact with any overburden, raw 
    material, intermediate products, finished products, byproducts, or 
    waste products located on the site. The exception is for discharges 
    from areas of coal mining operations no longer meeting the definition 
    of a reclamation area under 40 CFR 434.11(l) because the performance 
    bond issued to the facility by the appropriate SMCRA authority has been 
    released, or for discharges from areas of non-coal mining operations 
    which have been released from applicable State or Federal reclamation 
    requirements after December 17, 1990.
        Two commenters felt that EPA's proposed analytical monitoring 
    requirements for metal mining facilities should be substantially 
    reduced, and they should be eliminated if EPA does not retract its 
    proposed overly expansive interpretation of the Part 440 regulations.
        In response, EPA has reevaluated the monitoring requirements for 
    all the sectors of the multi-sector general permit and the number of 
    pollutants for which monitoring is required for the metal mining sector 
    has been reduced. EPA does not see any reason why the monitoring 
    requirements should be further reduced just because EPA provided 
    clarification as to what sources are subject to the effluent 
    limitations guidelines for Metal Mining and Ore Dressing. The 
    determination of the monitoring requirements for the metal mining 
    sector was based on an evaluation of the monitoring data submitted with 
    the group applications for metal mining facilities. The activity status 
    of many metal mining facilities was taken into consideration in 
    determining the monitoring requirements. Monitoring for the metal 
    mining sector was limited to the active facilities.
    
    Oil and Gas Extraction
    
        Comment on Sector I, the oil and gas extraction sector, focused on 
    coverage allowed under the general permit for oil and gas sites and 
    pollution prevention plan requirements, particularly for remote, 
    unmanned sites. Representatives of the oil industry made 
    
    [[Page 51092]]
    the comment that the landfarming of oilfield wastes as a practice to 
    allow biological break down should be covered by this sector of the 
    general permit. They state that this is a common practice at 
    exploration and production facilities sites and should be considered a 
    part of the oil and gas facility activity and not an industrial waste 
    land application site subject to the requirements under the land 
    application sector in part XI.L. of the multi-sector permit.
        In response, EPA would first like to note that the land application 
    or disposal of oilfield wastes, produced waters, and oilfield drilling 
    muds is an activity that is regulated by most States; and as such must 
    be taken to State approved disposal sites. The discharge of any of 
    these materials and their associated pollutants to a water of the U.S. 
    is not authorized under this sector. Although, in theory, the practice 
    of landfarming oilfield wastes would seem consistent with a no 
    discharge requirement, there is the potential for pollutants from these 
    land application sites to be discharged in storm water runoff and as 
    such should comply with the permitting requirements of 122.26(b)(14). 
    The oil and gas industry is not unique in that it land applies 
    industrial wastes as a disposal practice. EPA must be consistent in its 
    approach to land disposal practices under the storm water program. 
    Also, EPA is concerned that proximity of the disposal site to actual 
    drilling activity may be variable. For these reasons EPA believes these 
    sites are more accurately described as land application/disposal sites 
    and are subject to storm water permitting under section XI.L. of this 
    permit. Where these sites are indeed proximate to the drilling/
    production site the disposal activity would be considered a co-located 
    activity and would be subject to the additional requirements under 
    Sector XI.L. of this permit.
        Commenters requested that the construction activities associated 
    with oil and gas exploration and production (e.g., construction of 
    access roads, drill pads, mud pits etc.) should be covered under the 
    erosion requirements of this permit and that those activities not 
    require a separate general permit coverage for the construction 
    activities. In response, erosion, sediment, and pollution control 
    should be addressed in all pollution prevention plans for industrial 
    activity. Particularly where the industrial activity has the potential 
    to disturb vegetation or natural runoff patterns and exacerbate 
    erosion. This is true of oil and gas exploration and production 
    activities. Therefore EPA has included additional requirements in the 
    development of pollution prevention plans for these facilities. 
    However, where the construction of a drilling site or any construction 
    of facilities covered by this sector would cause the disturbance or is 
    part of a plan to develop which would disturb five acres or more, then 
    that construction activity itself, becomes an industrial activity which 
    is defined in the regulations (40 CFR 122.26) as having storm water 
    associated with industrial activity which requires separate permitting. 
    EPA has issued a general permit which addresses the runoff from 
    construction activities. This multi-sector general permit, while 
    providing guidance for construction activities under five acres that 
    may occur at a site, does not authorize large scale construction (5 or 
    greater acres) and erosion control. EPA does not believe that it is 
    unnecessarily burdensome for the oil and gas industry to file a 
    construction general permit Notice of Intent and be compliant with the 
    pollution prevention requirements for their sites which will cause the 
    disturbance of five acres or more.
        Many commenters expressed concern that it will be very difficult 
    (if not impossible) for oil and gas facilities to do visual monitoring 
    on their remote unmanned sites. They complain that they will not know 
    when its raining and cannot get there in time to get a proper sample. 
    These commenters request that this quarterly visual monitoring be 
    dropped from the multi-sector general permit as a requirement for 
    remote, unmanned oil and gas sites.
        In response to the issue of a remote facility being required to 
    comply with the monitoring provisions, EPA realizes that if a facility 
    is inactive and unstaffed it may be difficult for the operator to 
    collect storm water discharge samples when a qualifying event occurs. 
    Today's final permit has been revised so that inactive, unstaffed 
    facilities can exercise a waiver of the requirement to conduct 
    quarterly visual examinations.
        Commenters asked for a two-tiered storm water pollution prevention 
    plan. One for those facilities with lots of activity and a less 
    burdensome plan (a de minimis plan) for remote facilities that are 
    unmanned and have no activities (e.g., old oil field with a few capped 
    wells on the property).
        EPA agrees that a pollution prevention plan for inactive, unmanned 
    sites should not include all of the same elements of a facility with 
    continuous activity and personnel. However, the proposed pollution 
    prevention plan requirements already allow for a plan that addresses 
    potential pollutant sources in a way that is appropriate for each 
    facility. EPA believes that this allows adequate flexibility for 
    operators of unstaffed, inactive sites to address activities such as 
    housekeeping and preventive maintenance in a manner that is appropriate 
    for that site.
    
    Coal Mines and Related Facilities
    
        EPA includes inactive mining areas because significant materials 
    remain on site which can be exposed to storm water and runoff. Two 
    commenters disagreed with the listing of solvents, cleaning agents, 
    contaminated soils and sludges as significant materials found on 
    inactive sites. EPA agrees that these materials are not normally found 
    on inactive sites in significant amounts, especially compared to 
    exposed overburden and refuse piles. However, the Agency wishes to call 
    attention to the possibility of these materials existing at inactive 
    sites where machinery has been intensively used or has been abandoned.
        One commenter disagreed with the Agency's conclusion that suspended 
    solids and iron in storm runoff merit attention based on sampling data 
    submitted. The commenter indicated that the sampling could not be 
    presumed representative and that very high suspended solids 
    concentrations are found in runoff from undisturbed areas in many 
    western coal mines. The Agency agrees that the data was provided by 
    only a small percentage of coal mines participating in the group 
    application process and may not be representative. However, the 
    sampling data submitted does give some indication of the relative 
    amounts of pollutants contributed by storm runoff and the Agency wishes 
    to call attention to those pollutants which appear to be more 
    significant.
        EPA requested comments on alternative monitoring and reporting 
    requirements which include annual sampling of 20 percent of haul road 
    discharges and analyzing the samples for settleable solids. Four 
    commenters responded to these alternative requirements, all negatively. 
    The primary reason indicated was that the expense and burden of 
    analytical monitoring would not be justified. Most indicated that 
    controls through Best Management Practices (BMPs) and visual 
    examinations would be sufficient. EPA acknowledges these responses and, 
    although it believes there is value in occasionally performing 
    settleable solids evaluations, withdraws the alternative monitoring 
    requirements as an option to the required visual examinations.
        Four commenters indicated that the Surface Mining Control and 
    
    [[Page 51093]]
        Reclamation Act (SMCRA) requires sediment and erosion controls in the 
    form of BMPs and this requirement should be sufficient for purposes of 
    the storm water general permit. One of the commenters disagreed with 
    the reference of SMCRA requirements as minimum requirements rather than 
    primary requirements of the pollution prevention plan of the general 
    permit. EPA acknowledges the SMCRA sedimentation and erosion control 
    requirements as the primary requirements for active coal mining-related 
    areas and for inactive areas under SMCRA bond authority. The permit 
    wording is modified to this effect while still indicating that, where 
    determined appropriate for protection of water quality, additional 
    sedimentation and erosion controls may be warranted.
        Four commenters felt that the requirement for quarterly sampling 
    and visual examination of representative discharges is burdensome and 
    unnecessary. Reasons cited were that active areas and regulated by 
    SMCRA, haul roads in some areas are remote, and rainfall in some 
    western areas is unpredictable and spotty. Two of these commenters 
    suggested as-needed visual examinations, one suggested annual 
    examinations, and one suggested semi-annual examinations.
        Although haul roads are regulated by SMCRA and in some cases may be 
    remote, EPA is concerned that they can be a significant source of 
    stream siltation if sediment and erosion control measures are not 
    adequate to provide necessary protection of stream quality during 
    precipitation events. The Agency believes that a requirement for 
    periodic visual examinations of representative discharges is necessary 
    in order to provide some evaluation of the effectiveness of control 
    measures under actual runoff conditions. EPA also acknowledges that 
    drier western areas would have less frequent incidences of 
    precipitation resulting in runoff. The Agency has reduced the sampling 
    and visual examination requirements from quarterly to semi-annually 
    both for areas having an average annual precipitation of 20 inches or 
    less as well as for inactive areas under SMCRA bond.
        One commenter suggested that the requirement to collect samples 
    form discharges resulting from storm events greater than 0.1 inch 
    should be replaced by a requirement to collect samples resulting from 
    any storm event sufficient to produce a visual flow. The Agency is 
    concerned that some very small storm events may not have sufficient 
    potential to significantly disturb and carry off sediment even though 
    the storm events may produce visual flows. To evaluate effectiveness of 
    sediment and erosion control measures under conditions which have 
    potential for stream siltation, sampling discharges resulting from at 
    least a 0.1 inch storm is felt warranted.
        Four commenters disagreed with the requirement to sample within a 
    30-minute period or, where not practical, within a one-hour maximum 
    period after beginning of a discharge resulting from a 0.1 inch storm 
    event. Their concerns were similar in that some mining areas are 
    extensive, rainfall measurements may differ in different parts of a 
    mining area, and one hour is not enough time to respond with sampling. 
    One of the commenters suggested that the sampling be required within 
    one hour or as soon as practical after discharge begins. Another of the 
    commenters suggested that samples be collected within two hours of 
    discharge within normal business hours at 25 percent of a facility's 
    representative outfalls.
        The requirement of a 30-minute period (one hour where impractical) 
    for obtaining samples is based on the fact that the highest potential 
    of sediment runoff and resulting stream siltation occurs during early 
    stages of storm periods where loose dirt and other materials are most 
    likely to be swept away. However, the Agency recognizes possible 
    problems at large mining areas for sampling within the required 30-
    minute to one-hour maximum period after beginning of discharge. The 
    requirements are changed to allow sampling within the first one hour 
    after beginning of discharge or, as soon as practical, but not to 
    exceed a two-hour maximum time period. The Agency believes that this 
    requirement is not burdensome since samples are required only from 
    representative discharges and at frequencies of once per quarter and 
    less in drier areas of the nation. Sampling flexibility is also 
    provided by the number of 0.1 inch or greater precipitation events 
    occurring during the quarterly or semi-annually sampling periods.
        One commenter pointed out that the chemical monitoring requirements 
    do not distinguish between active and inactive areas. This commenter 
    and three others opposed monitoring requirements for inactive areas. 
    Two of these commenters suggested, however, that samples be collected 
    if discharges occurred during an inspection. The Agency agrees that 
    mandatory sampling of inactive areas within a specific time period 
    after initiation of a discharge due to a minimum precipitation event 
    may be burdensome and has changed that requirement for operators of 
    inactive, unstaffed facilities.
        Three commenters suggest that inspections for inactive sites be 
    specified at once every three years rather than yearly with an 
    allowance under certain conditions of less frequent inspections. EPA 
    does not believe that an across-the-board allowance of one inspection 
    every three years would be adequate. Although no mining-related 
    activity may be taking place at inactive sites, exposure of unreclaimed 
    overburden, refuse or other materials on site is susceptible to erosion 
    and runoff and warrants more frequent inspections of sediment and 
    erosion control measures. Yearly inspections are felt to be appropriate 
    to better assure that control measures have not deteriorated.
    
    Mineral Mining and Processing Sector
    
        The comments on sector J, the mineral mining and processing sector 
    focussed on eligibility under the sector, monitoring requirements, and 
    the pollution prevention plan requirements of the permit. EPA requested 
    comment on whether mine dewatering should be included in the storm 
    water multi-sector permit, and if included, if it should be expanded 
    from just Region VI to all EPA Regions.
        EPA has elected to allow currently unpermitted mine dewatering 
    discharges from Construction Sand and Gravel, Industrial Sand, and 
    Crushed Stone mines to be included in this permit, but only for 
    facilities located in EPA Region VI and Arizona. This option does not 
    exist in other EPA regions. Region VI and Arizona have a large number 
    of unpermitted mine dewatering discharges and limited resources 
    necessitating this requirement.
        EPA Region VI proposed a limited amount of monitoring. Commenters 
    felt that monitoring should be limited to only those parameters for 
    which there are ELGs. For example, the construction sand and gravel 
    subcategory (SIC Code 1442) only has ELGs for pH.
        EPA Region VI has elected to require monitoring for those 
    parameters indicated in the proposed permit. EPA believes that such 
    monitoring is necessary to assess the pollutants levels in the 
    discharge and to assess the effectiveness of the pollution prevention 
    plan.
        Commenters felt that industry should not be required to attain 
    discharge levels for solids to a greater degree than that occurring in 
    the natural erosion of the surrounding area or that found in the 
    receiving stream during storm events. To that end, the commenters 
    requested that the industrial facility or the State be 
    
    [[Page 51094]]
    responsible for establishing criteria for TSS limitations. In the 
    proposed storm water discharge permit EPA did not establish any new 
    storm water effluent limitations. Rather, the limits in the proposed 
    permit are existing effluent guidelines under the NPDES program which 
    the discharger should already be meeting. EPA believes that it would be 
    imprudent to allow industry to establish its own TSS limitations. The 
    method which a owner/operator of a facility chooses to reduce storm 
    water discharges is left to the industrial facility.
        In addition, EPA wishes to clarify that the ``cut off'' 
    concentrations are not the same as effluent limitations. If a facility 
    is unable to verify that its storm water discharge is below the cut-off 
    concentration it will be responsible for the continued monitoring of 
    that pollutant in its storm water discharge. Once again, the ``cut 
    off'' concentrations are not storm water effluent limitations and 
    should not be viewed as limits that must be met.
        Commenters felt that while assessment and implementation of needed 
    BMPs may be necessary, written discussion, documentation and scheduling 
    of this procedure should not be a requirement of the storm water 
    pollution prevention plan. According to the commenters, such 
    assessments and decisions should be made prior to the development of 
    the storm water pollution prevention plan. The outcome of those 
    decisions should be made a part of the storm water pollution prevention 
    plan. The commenters felt that the storm water pollution prevention 
    plan represents the avenue for preventing storm water pollution and 
    should not be used as an engineering report for BMP evaluation and 
    selection.
        On page 61162 of the November 19, 1993, Federal Register EPA 
    identified the focus of storm water pollution prevention plans. The 
    plan has ``two major objectives: (1) to identify sources of pollution 
    potentially affecting the quality of storm water discharges associated 
    with industrial activity from the facility and (2) to describe and 
    ensure implementation of practices to minimize and control pollutants 
    in storm water discharges associated with industrial activity. . . .'' 
    EPA further States the storm water pollution prevention plan 
    requirements are intended to facilitate a process whereby the operator 
    of the industrial facility thoroughly evaluates potential pollutant 
    sources at the site and selects and implements appropriate measures 
    designed to prevent or control the discharge of pollutants in storm 
    water runoff. EPA believes it is necessary to include the discussion 
    and documentation of BMP selection in the storm water pollution 
    prevention plan to ensure the plan developed for a facility is 
    operating effectively. The storm water pollution prevention plan 
    process involves four steps including the assessment of potential storm 
    water pollution sources, the selection and implementation of 
    appropriate management practices and controls, and the periodic 
    evaluation of the effectiveness of the plan to prevent storm water 
    contamination. Because of the uniqueness of mine sites, the 
    effectiveness of the BMPs can most effectively be evaluated after their 
    implementation.
        Commenters requested that EPA provide for reduced inspection and 
    visual examination requirements for active mineral mining and 
    processing sites given the Agency's findings that these sites have 
    ``generally low pollutant values.'' In response, EPA strongly believes 
    that quarterly visual examinations of storm water discharges is 
    appropriate. Since EPA is not proposing the monitoring of storm water 
    discharges from all subsectors, quarterly visual examinations will 
    allow for feedback to be incorporated into a storm water pollution 
    prevention plan.
        Commenters requested that EPA provide for flexible inspection 
    requirements and no monitoring requirements for inactive mineral mining 
    and processing facilities, consistent with the Agency's proposed 
    approach for metal mining sites. In response, EPA will require chemical 
    monitoring of storm water discharges only from active sand and gravel 
    and dimensional stone, crushed stone and non-metallic minerals 
    facilities in this sector. The permit still requires quarterly visual 
    examinations of all storm water discharges from active facilities but 
    this requirement can be waived for inactive, unstaffed facilities.
        The proposed mineral mining and processing sector permit required 
    annual inspections for temporarily and permanently inactive sites, but 
    did not allow for reduced inspection requirements for remote and 
    inaccessible sites as EPA proposed for inactive ore mining and coal 
    mining sites. Commenters requested that EPA provide the same relief 
    provision for mineral mining sites as it did for coal and ore mining 
    sites. In response, EPA has revised its inspection requirements by 
    reducing the frequency of the comprehensive site compliance evaluation 
    to annual for all active and inactive mineral mining and processing 
    facilities.
        Commenters felt that the requirements and conditions for 
    termination of permit coverage would be unworkable because the 
    ``background values'' for certain parameters, such as total suspended 
    solids, would be highly variable from outfall to outfall and according 
    to the intensity of storm events. In response, EPA has elected to 
    delete the conditions for termination of coverage. These conditions 
    would have been made available only if the alternative monitoring 
    requirements were imposed in the final permit for this sector.
    
    Hazardous Waste Treatment Storage and Disposal Facilities
    
        One commenter questioned the definition of ``treatment, storage, or 
    disposal facility'' that will be used relative to the storm water 
    regulations. The storm water regulations published in the November 16, 
    1990 Federal Register apply to ``hazardous waste treatment, storage, or 
    disposal facilities that are operating under interim status or a permit 
    under subtitle C of RCRA.'' The multi-sector permit requirements in 
    this sector, apply to ``facilities that treat, store, or dispose of 
    hazardous wastes, including those that are operating under interim 
    status or a permit under subtitle C.'' The use of the term 
    ``including'' is not clear. The same commenter requested clarification 
    regarding the inclusion of hazardous waste generators who operate 
    storage areas (with less than 90-day accumulation) or temporary 
    satellite accumulation areas. In addition, another commenter requested 
    clarification on whether facilities regulated under Subpart X of 40 CFR 
    264 are subject to the storm water provisions.
        EPA's intent regarding storm water permit coverage for facilities 
    under this sector, is to include all treatment, storage, or disposal 
    facilities (TSDFs) operating under interim status (40 CFR 265) and 
    those operating under a permit issued pursuant to 40 CFR Parts 264 and 
    270. This includes facilities regulated under Subpart X of Part 264. It 
    also includes recycling facilities whose operations are subject to 
    regulation under Part 266, to the extent that these activities also are 
    subject to interim status or permitting requirements under Subtitle C 
    of RCRA. Used oil recycling facilities that are subject to regulations 
    under Part 279 are included in Sector N of this permit, rather than 
    Sector K. Sector K does not include generators who temporarily store 
    hazardous waste pursuant to the requirements in 40 CFR 262. The permit 
    language has been clarified to confirm that the multi-sector permit 
    requirements in this sector apply to facilities that treat, store, or 
    dispose 
    
    [[Page 51095]]
    of hazardous wastes and that are operating under interim status or a 
    permit under subtitle C of RCRA.
        Several questions were received regarding the parameters included 
    in the monitoring requirements. More specifically, several commenters 
    questioned the inclusion of Total Kjeldahl Nitrogen (TKN) and Chemical 
    Oxygen Demand (COD) in the industry monitoring requirements in Table K-
    3, and the exclusion of Total Suspended Solids. The U.S. Army 
    questioned whether the data they submitted was incorporated into Table 
    K-1 on conventional pollutants in storm water. The Army also requested 
    that EPA clarify the form of cyanide that is to be monitored, and 
    suggested that a numerical detection limit should be specified for 
    total recoverable magnesium and cyanide, rather than the words 
    ``detection limit.''
        The monitoring parameters and the cut-off concentrations specified 
    by EPA for this sector primarily were based on the parameters 
    previously established for the baseline general permit. These 
    parameters were based on consideration of significant materials and the 
    industrial activities of facilities in this industry. The amount of 
    storm water data specific to TSDFs that EPA was able to evaluate was 
    very limited; any data submitted from military organizations was 
    evaluated separately and not included in Table K-1. Total recoverable 
    cyanide is to be monitored by TSDFs; the commenter is referred to 40 
    CFR 136 regarding analytical methods to be used in the storm water 
    program. Regarding the cut-off values for total recoverable magnesium 
    and total cyanide, the concentration for magnesium is .0636 mg/l and 
    the concentration of cyanide is .022 mg/l.
        Some commenters questioned Region 6's assertion that storm water 
    from hazardous waste Treatment, Storage, and Disposal Facilities 
    (TSDFs) would not be allowed coverage under the Multi-Sector General 
    Permit in Region 6 States (OK, NM TX, and LA). These commenters asked 
    whether Region 6 intended to exclude only commercial facilities or all 
    TSDFs. A few of these commenters noted that the exclusion of all TSDFs 
    would put a financial and resource burden on both the regulated TSDFs 
    and EPA by requiring all facilities to obtain individual permits. One 
    commenter asked whether this applied to closed TSDFs as well.
        Region 6 agrees with the commenters that it would be unduly 
    burdensome to both the industry and the Agency to issue individual 
    permits for all TSDFs. At this time, Region 6 would like to clarify 
    their intent and indicate which TSD facilities would be allowed to be 
    covered by a general permit; and those the Region specifically believe 
    must obtain individual permits. Region 6 believes that General Permit 
    coverage is appropriate for TSDFs that are self generating and are 
    probably covered by the Multi-Sector General Permit via some other 
    (primary) industrial sector. These facilities would be required to 
    comply with the specific requirements in the Multi-Sector General 
    Permit for their TSDF areas. The Region believes that the Multi-Sector 
    General Permit requirements and monitoring for these facilities are 
    appropriate. This would also apply to facilities that only store 
    hazardous waste and do not treat or dispose of the hazardous materials. 
    Also, the Region believes that disposal facilities that have been 
    properly closed and capped, and have no significant materials exposed 
    to storm water should not require permits in accordance with the 
    description of storm water associated with industrial activity [40 CFR 
    122.26 (b)(14)].
        However, it is Region 6's intent to issue individual permits for 
    all commercial Treatment and Disposal Facilities. Those facilities 
    would only be those which take commercially produced hazardous wastes 
    (not their own) and treat or dispose of those materials. The Region has 
    few of these, and the burden on the Regional permitting staff is small. 
    Only six commercial facilities applied for coverage through the group 
    application process. To date, Region 6 has required individual permit 
    applications from all such facilities; and permits have included 
    specific technology and water quality based limits. To allow existing 
    facilities to obtain permit coverage under the Multi-Sector General 
    Permit would be backsliding, and not allowable under part 402(o) of the 
    CWA. To allow new facilities with permit conditions that are less 
    stringent would not be consistent and would provide an economic 
    advantage to new facilities over existing ones. In addition, Region 6 
    believes that more careful compliance tracking is warranted for 
    facilities that treat and dispose of hazardous waste as a commercial 
    operation. The Region does not believe that this would be burdensome on 
    the few facilities that fall into this ``commercial'' category. These 
    are large facilities that treat and dispose of large quantities of 
    hazardous wastes as a service to generators. Because individual permits 
    for these commercial hazardous waste treatment and disposal facilities 
    has always been a priority, the Region believes it is consistent and 
    appropriate to require all such facilities to apply for individual 
    NPDES permits for their storm water discharges. This distinction does 
    not apply to facilities that take and dispose of household 
    (residentially produced) hazardous wastes. Facilities that accept, for 
    disposal or treatment, wastes generated by private individuals at their 
    residence are not required to submit individual applications unless 
    they are a commercial facility for the treatment or disposal of 
    hazardous wastes. Region 6 does not wish to discourage benevolent 
    industry operators from offering this service and thereby discourage 
    the proper disposal of household hazardous wastes by limiting their 
    eligibility under this general permit.
    
    Landfills and Land Application Sites
    
        One commenter stated that the permit should provide reduced 
    monitoring and pollution prevention plan requirements for landfills and 
    land application sites that receive a homogenous waste stream. EPA 
    agrees with the commenter that there are a wide range of industrial 
    landfill and land application types depending on the nature of the 
    waste received/managed. Even where the same waste categories are 
    received by two landfills (or land application sites), waste 
    characteristics may be highly source-specific. For example, ash 
    composition varies significantly depending upon the fuel type/source 
    and the combustion process. Because of this diversity and the limited 
    extent of monitoring data submitted with the group applications, the 
    Agency has established broad monitoring requirements for this sector. 
    Further, the Agency believes that quarterly monitoring during the 
    second year of the permit is necessary to fully characterize storm 
    water discharges from individual sites. The Agency also notes that 
    Section 5.a.(3).(a) of the permit waives monitoring requirements during 
    the fourth year on a pollutant-by-pollutant basis where sampling shows 
    concentrations below the threshold levels.
        Several commenters expressed concern that a wide variety of 
    pollutants are listed in the monitoring requirements of the proposed 
    permit. Potential source of pollutants and pollutant types vary 
    significantly from landfill to landfill. EPA concurs with the commenter 
    that there are a wide range of industrial landfill types depending on 
    the nature of the waste received/managed. To address the commenter's 
    concern, the Agency has developed the alternative certification 
    described in Section L.5.a.(5) of the permit. This provision will allow 
    
    
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    permittees to exercise a waiver of the monitoring if they can certify 
    that storm water will not be exposed to potential sources of pollution.
        The Agency believes that permittees should implement BMPs to 
    minimize erosion at sites (i.e., to prevent/minimize pollutant loadings 
    to storm water). This includes stabilizing daily cover piles, wherever 
    practicable, regardless of their locations. These measures will reduce 
    the need to rely on other controls to manage/treat storm water runoff 
    after contamination has occurred.
        One commenter questioned the analytical monitoring requirements 
    proposed for landfills closed prior to the effective date of 40 CFR 
    258.60. The commenter felt that all landfills closed in accordance with 
    State or local regulations should be exempted from analytical 
    monitoring. In response, the Agency believes that prior to the 
    effective date of 40 CFR 258.60 there was significant variability in 
    State MSWLF closure requirements. The closure provisions of State 
    industrial landfill regulations are similarly diverse. Because of this 
    variability, the Agency cannot be certain that landfill areas closed 
    under State programs do not have the potential to contribute pollutants 
    to storm water discharges (unless the requirements are equivalent to or 
    more stringent than 40 CFR 258.60). Therefore, the Agency does not 
    believe it is unreasonable to require monitoring for such sites. For 
    landfills that are closed according to State or local requirements that 
    are equal to, or more stringent than 40 CFR 258.60, the permit includes 
    the ``alternative certification'' and ``low concentration'' waivers 
    which should provide a means for such a landfill to forego the need to 
    monitor.
        Several commenters expressed concern that the frequency of the 
    inspections required for storm water pollution prevention plan are 
    excessive and impose an excessive burden upon facility operators. The 
    Agency appreciates the commenters feedback on the inspection frequency 
    and recognizes the potential difficulties that may arise from requiring 
    inspections within 24 hours of a storm event. Therefore, the final 
    permit has been revised to only include weekly inspections. The Agency 
    believes that this frequency is appropriate for landfills and land 
    application sites because of the nature of the BMPs typically used at 
    these facilities. Erosion and sediment control measures often require 
    frequent upkeep and maintenance to ensure proper operation.
        One commenter requested a reduction in the monitoring requirements 
    for facilities located in cold climates due to difficulty in collecting 
    samples during winter periods. The Agency does not believe that 
    monitoring requirements should be adjusted for landfills solely because 
    they are located in cold climates. The permit provides a temporary 
    exclusion from monitoring requirements during a quarter if sampling is 
    unfeasible due to adverse conditions (including weather) and this 
    provision should account for difficulties in conducting sampling due to 
    climate. Under this exclusion, permittees are, however, required to 
    collect two samples during the next quarter to make up for the missed 
    sampling requirement.
        Several commenters stated that the monthly visual examination 
    requirements for this sector were excessive and burdensome. In response 
    to these comments, today's permit requires only quarterly visual 
    examination of storm water discharges. For active and staffed landfills 
    and land application sites, the Agency does not believe that it is 
    unreasonable to require sampling/visual examinations once each quarter 
    within the first hour a storm event.
    
    Auto Salvage Yards
    
        A few commenters indicated that storm water runoff from automobile 
    salvage yards is often contaminated with spilled residues of engine and 
    transmission fluids, and battery acid saturated with lead. The Agency 
    agrees that automobile salvage yard facilities may have many potential 
    sources of storm water pollutants. Therefore, today's final permit 
    incorporates permit conditions to address these potential sources. Such 
    conditions include development of a pollution prevention plan, which 
    includes the implementation of BMPs, regularly scheduled inspections, 
    and visual and analytical monitoring to help assess the effectiveness 
    of the pollution prevention plan and to identify potential problems 
    with the plan that would lead to making plan revisions and 
    incorporating additional control measures.
        A few commenters stated that some of the conditions under the 
    proposed multi-sector permit for automobile salvage yards are more 
    stringent than those under the baseline general permit. In response, 
    EPA wants to clarify that certain information, not available at the 
    time of finalization of the baseline general permit, such as the group 
    application information and sampling data, was used extensively in the 
    development of the conditions in today's final permit. This information 
    and data has identified pollutants of concern, the concentrations of 
    these pollutants, and the industrial activities that are conducted on-
    site that generate these pollutants. The Agency has developed 
    appropriate conditions in this final permit to address these storm 
    water discharges.
        Several commenters feel that the proposed semi-annual employee 
    training requirement for facilities in the automobile salvage yard 
    sector is too burdensome, especially considering the annual training 
    required for most other sectors. Today's final permit requires 
    facilities themselves to identify periodic dates for employee training 
    in the storm water pollution prevention plan. The focus of the employee 
    training required under the multi-sector permit is on informing 
    personnel of the components and goals of the storm water pollution 
    prevention plan (storm water pollution prevention plan). This includes 
    familiarizing employees with their responsibilities under this plan. 
    The Agency believes that periodic training programs are needed to keep 
    employees up-to-date with the storm water pollution prevention plan but 
    agrees that semi-annual requirements may be too burdensome for some 
    facilities. EPA leaves the decision as to the frequency of employee 
    training up to the facility operator because site-specific 
    circumstances will call for different training frequencies and the 
    facility operator is in the best position to make that decision. The 
    frequency of training for auto salvage facilities can therefore be 
    determined by each facility operator at the time they develop their 
    pollution prevention plans. If additional training is necessary than 
    what is originally identified, then the plan can be modified by the 
    operator and the training frequency increased.
        A few commenters requested that the frequency of the visual 
    monitoring required for facilities in the automobile salvage yard 
    sector be reduced from monthly to quarterly. In response to these 
    comments and other comments on this issue, and given further 
    consideration of climatic variations and the other types of inspections 
    required under this sector, today's final permit requires facilities to 
    conduct only quarterly visual monitoring. Visual monitoring will allow 
    facilities to detect potential problems and evaluate the effectiveness 
    of the pollution prevention plan more frequently than just through 
    chemical sampling.
        Several commenters indicated that existing BMPs at their facilities 
    are sufficient or that specific BMPs listed in the proposed fact sheet 
    are not appropriate. EPA wants to clarify that 
    
    [[Page 51097]]
    facilities with BMPs already in place are still required to develop a 
    pollution prevention plan. Existing BMPs may, however, be used as part 
    of the pollution prevention plan, if it is determined that the BMPs 
    adequately address the potential pollutant sources at the site. The 
    Agency notes that Table M-3 of the proposed fact sheet, Storm Water 
    BMPs for Automobile Salvage Yards, is a list of BMPs to be considered 
    when developing the pollution prevention plan. These BMPs may not, 
    however, be appropriate under all conditions, nor may this list be all 
    inclusive. Permittees should use this table as guidance when 
    considering which BMPs to implement at their site.
        Numerous commenters indicated that the costs for automobile salvage 
    yard facilities to comply with the proposed multi-sector permit will be 
    too burdensome. Several comments stated that the cost would exceed 
    $15,000 per facility. Costs, including the time and money necessary to 
    meet the proposed documentation and monitoring requirements, may force 
    some facilities out of business. Several comments stated that smaller 
    facilities would have to hire a professional engineering firm to 
    develop the pollution prevention plan and an additional employee to 
    perform the recordkeeping and monitoring requirements. The cost 
    estimates referred to in these comments are based on the requirements 
    in the proposed multi-sector permit. The Agency notes that several of 
    these proposed requirements have been reduced in today's final permit 
    and that these reductions will significantly reduce the cost of 
    compliance. The reductions include requiring analytical monitoring only 
    for certain facilities, a pollutant-by-pollutant alternative 
    certification for those facilities that are subject to analytical 
    monitoring, a decrease in the minimum frequency of visual examinations 
    of storm water discharges from monthly to quarterly, and a reduction in 
    the minimum employee training requirements. EPA believes it is 
    feasible, even for small businesses, to fulfill the requirements of 
    today's permit without hiring outside help. The Agency has provided 
    guidance, such as the manual; ``Storm Water Management for Industrial 
    Activities; Developing Pollution Prevention Plans and Best Management 
    Practices'' to assist permittees with the development and 
    implementation of pollution prevention plans.
        A few commenters stated that the comprehensive site compliance 
    evaluation for automobile salvage yard facilities should only be 
    required once a year, not twice as was proposed in the multi-sector 
    permit. The Agency agrees with these commenters and notes that today's 
    final permit has been revised to require a comprehensive site 
    compliance evaluation at a minimum of once per year in this and all 
    other sectors.
        A few commenters stated that the inspection requirements for 
    automobile salvage yard facilities are too burdensome. In particular, 
    commenters stated that the requirement to implement any changes in 
    measures and controls as a result of these inspections within 12 weeks 
    should be changed. Although 12 weeks is enough time to make management 
    procedural changes, commenters felt it is not sufficient to implement 
    structural changes to the facility. Commenters requested a 1 year time 
    frame to implement such changes.
        The Agency believes that the majority of the changes required as a 
    result of the quarterly inspections will be procedural or programmatic 
    in nature. Therefore, a 12 week time-frame should be sufficient for the 
    implementation of the majority of the changes to the plan under this 
    section. In the event that a permittee believes structural changes to 
    the facility are necessary, the permittee should contact their EPA 
    permitting authority and discuss a possible schedule for implementing 
    the changes. Changes requiring construction are allowed additional time 
    for implementation under the terms of the permit.
        Several commenters stated that the quarterly inspections for leaks 
    from vehicles and outdoor storage areas are too burdensome. 
    Comprehensive site compliance evaluations and the requirement to remove 
    fluids from vehicles when they arrive on-site, or as soon as feasible 
    thereafter, make quarterly inspections unnecessary. One commenter 
    questioned why quarterly inspections for leaks from vehicles is 
    necessary if fluids must be removed from vehicles when they arrive on-
    site, or as soon as feasible thereafter. The Agency notes that there 
    are certain circumstances in which fluids cannot be removed from 
    vehicles immediately. Therefore, quarterly inspections should include 
    checking vehicles which still have fluids for leaks. Vehicles that have 
    been completely drained of fluids are not of concern for this 
    inspection. EPA believes that the quarterly inspections required under 
    the proposed permit target areas with a significant potential to 
    contaminate storm water, such as outdoor storage of containers. 
    Therefore, today's final permit includes quarterly inspection 
    requirements.
        A few commenters stated that EPA should allow facilities in the 
    Automobile Salvage Yard sector additional time to construct structures 
    needed to control contamination of storm water runoff. One suggestion 
    was to allow these facilities 5 years to construct storm water 
    pollution control structures, as long as the construction design and 
    schedule is developed by a professional engineer (PE) and is 50% 
    complete within 24 months, 75% complete within 36 months, and 100% 
    complete within 60 months. Compliance deadlines under the multi-sector 
    permit allow facilities up to 3 years from the effective date of the 
    permit to construct structural BMPs that are called for in the 
    pollution prevention plan. The Agency believes that in most cases 3 
    years is sufficient time to complete construction of structural BMPs. 
    Permittees that feel they cannot complete construction within this 
    specified time period should contact the applicable EPA Regional 
    office.
        Several commenters stated that the proposed recordkeeping 
    requirements would be the most expensive segment for facilities subject 
    to the Automobile Salvage Yard sector. Facilities should not be 
    required to document the volume of fluids removed from vehicles as they 
    are received since transporters or recyclers document the total volume 
    of fluids removed from the site when collection is made for recyling. 
    Commenters also indicated that reports should be prepared at the time 
    the materials are sold or recycled, and not necessarily every month. In 
    response, EPA has deleted these requirements from the final permit 
    since many permittee already track such information for other purposes.
    
    Scrap Recycling and Waste Recycling Industries
    
        A number of commenters requested clarification on the prohibition 
    of the discharge of washwater from tipping floor areas. To clarify, the 
    final permit specifically prohibits the discharged of washwater from 
    tipping floor areas to any part of a storm sewer system. This is 
    considered a process wastewater discharge which is not authorized by 
    this storm water permit. This permit also does not authorize discharges 
    to the sanitary sewer system.
        A substantial number of commenters expressed concerns regarding the 
    appropriateness and costs associated with requiring the usage of 
    structural erosion and sediment controls at scrap recycling facilities. 
    Commenters frequently stated that such a requirement was inappropriate 
    at this stage of the permitting process and that scrap recycling 
    facilities should be 
    
    [[Page 51098]]
    provided the flexibility to implement a range of source control 
    measures. Commenters frequently stated that their facilities did not 
    have the room for structural controls such as retention ponds and 
    sediment basins. It was further suggested that the results of 
    monitoring data, particularly for total suspended solids (TSS), 
    warranted a more flexible approach to the use of erosion and sediment 
    control measures.
        EPA believes that erosion and sediment controls are necessary at 
    scrap recycling facilities due to the large amount of facility property 
    (used for the industrial activities) which is unstabilized exposed soil 
    and which receives large amounts of vehicular traffic similar to a 
    construction site. For these areas, there are many types of erosion and 
    sediment control measures that are appropriate for a recycling 
    facility. A review of the group application information indicates that 
    both structural and non-structural erosion & sediment control practices 
    have been employed at scrap recycling facilities. In addition, scrap 
    recycling facilities also commonly use spray water as a means of dust 
    control. Regardless, EPA believes that these areas are appropriately 
    classified as engaged in industrial activity and require storm water 
    BMPs for controlling pollutant sources. Analysis of the part II 
    sampling data indicates that approximately 22% of the grab samples for 
    TSS were above 500 mg/l and, similarly for approximately 20% of the 
    composite samples. EPA considers the use of erosion and sediment source 
    control measures to reduce sediment loadings to be appropriate for 
    scrap recycling facilities.
        The permit does provide the flexibility for operators to select a 
    mix of erosion and sediment control practices to reduce suspended 
    sediment loadings. However, EPA wishes to clarify an issue with regard 
    to requirements for the construction of permanent erosion and sediment 
    controls such as retention ponds and sediment basins. EPA expects that 
    these types of controls, or their equivalent, would only be constructed 
    after the operator has had the opportunity to employ a full range of 
    non-structural type source control measures and where substantial 
    settleable and/or suspended solids loadings still persist. EPA is aware 
    that site-specific conditions could exist which would preclude the 
    siting of a structural control, i.e., a retention pond. Space 
    restrictions caused by permanent buildings, permanently-fixed 
    processing equipment, other semi-permanent or permanent obstructions, 
    and/or restrictions posed by property boundaries would be considered 
    examples where the operator could make a determination that 
    construction of a structural control (i.e., a retention pond or its 
    equivalent) is not a viable option. If such a determination is made by 
    the facility operator, the operator would be required to annotate the 
    plan accordingly. The operator would then update the plan to indicate 
    what modified or additional or BMPs will be implemented to reduce 
    suspended solids loadings.
        Many commenters interpreted proposed permit conditions as mandating 
    the use of permanent or semi-permanent covers over stockpiled 
    materials. EPA is not mandating the use of covers over stockpiled 
    materials. Because of the substantial quantities of stockpiled 
    materials typically located at scrap recycling facilities, EPA believes 
    that a requirement to mandate the use of covers is not appropriate and 
    most often would be impracticable. Therefore, the decision whether to 
    construct or install covers is left to the discretion of the facility 
    operator. The proposed permit provides that the operator ``shall 
    consider'' the use of these types of BMPs, however, the decision 
    whether to use permanent or semi-permanent covers is left to the 
    operator's discretion.
        EPA is concerned with controlling storm water contamination from 
    certain types of recyclable materials, specifically significant 
    residual fluids, accumulated particulate matter and shredder fluff that 
    could be exposed to runoff in the absence of any physical means of 
    minimizing contact. Consequently, EPA expects that the plan will 
    include measures to minimize exposure of these materials to surface 
    runoff, where appropriate.
        A significant number of commenters expressed concerns about 
    proposed permit requirements that would eliminate exposure of turnings 
    to precipitation or runoff. EPA wishes to clarify that it is primarily 
    concerned with turnings that are produced from certain types of machine 
    tool operations (e.g., milling machines, machine tool centers, and 
    lathes) and which have come in contact with cutting fluids. Because of 
    the potential for significant quantities of residual fluids associated 
    with turnings, EPA believes they pose a substantial risk of 
    contaminating surface runoff. EPA notes that this particular sub-
    section of the permit does not apply to cuttings or turnings that have 
    not been exposed to cutting fluids.
        In the draft permit, EPA required that ``all turnings and cuttings 
    shall be handled in such a manner as to prevent exposure to either 
    precipitation or storm water runoff. . . .'' Based on information 
    provided by the industry, EPA believes that the requirement to prevent 
    all exposure of all turning and cuttings would pose an undue burden on 
    the scrap recycling industry. Such information demonstrated that, in 
    most cases, turnings piles can be very large in size and are mostly 
    stored outdoors due to size. Therefore, in the revised permit EPA is 
    requiring scrap recycling facilities to select an appropriate BMP from 
    either two suggested options, or employ an equivalent measure, to help 
    minimize exposure. These options were developed based on input of 
    current practices used by the scrap recycling industry.
        The final permit identifies the discharge of fluids from 
    containment areas, in the absence of a storm event, as a non-storm 
    water discharge prohibited under this permit. The operator would be 
    required to obtain a separate NPDES permit for this non-storm water 
    discharge. Discharges from turnings containment areas to the sanitary 
    sewer system are not covered by this permit. The operator must seek the 
    necessary approval(s), if any, from the appropriate local pretreatment 
    authority.
        A substantial number of scrap recycling facilities requested 
    clarification on the prohibition of non-storm water discharges from 
    oil/water separators. EPA clarifies that in the absence of a storm 
    event, discharges from oil/water separators to a storm sewer system are 
    consider non-storm water discharges, which are not covered under this 
    permit. Discharges from oil/water separators that occur as a 
    consequence of a storm event, either a current event or past event, are 
    permitted provided that the oil/water separator is properly maintained 
    on a regularly scheduled basis as established in the plan.
        Commenters also wanted clarification on the liquids draining 
    requirements as they applied to ``white goods,'' i.e., appliances. EPA 
    clarifies that it is not requiring scrap recycling facilities to drain 
    fluids from appliances or ``white goods,'' oil-filled shock absorbers, 
    and other permanently sealed containers with very small amounts of 
    fluids, though the permittee may elect to do so.
        A number of commenters requested clarification on the applicability 
    of other sections of the permit where co-located facilities exist, 
    e.g., equipment and vehicle maintenance in section VIII-P. Section 
    VIII.N.1 specifically provides that scrap and waste recycling 
    facilities that have additional facilities which satisfy the definition 
    of an industrial activity covered by another section of 
    
    [[Page 51099]]
    this permit (e.g., equipment and vehicle maintenance facilities), must 
    comply with the pollution prevention plan and monitoring requirements 
    of that other section. The purpose of this requirement is to ensure 
    that the pollution prevention plan and monitoring requirements 
    appropriately address all aspects of regulated industrial activity that 
    occur at a specific facility. For more explanation of this requirement, 
    see the Co-located activities section of this summary.
        Another commenter noted that differences exist between the list of 
    BMPs identified in Table N-11 of the factsheet and section VIII.P of 
    the permit. BMPs identified in Table N-11 were not intended to be all 
    inclusive; rather the table identifies optional and alternative BMPs 
    that may be used for vehicle and equipment maintenance. If scrap and 
    waste recycling facilities have co-located facilities that meet the 
    definition of industrial activity covered under section VIII.P, the 
    operator is required to comply with the plan requirements for that 
    section, including any specifically identified BMPs.
        A number of commenters argued that EPA should drop the analytical 
    monitoring requirements since many BMPs would be implemented thereby 
    obviating the need for monitoring. In addition, these commenters said 
    it would be more beneficial to target resources towards BMP 
    implementation rather than to put resources towards monitoring. EPA 
    does not agree that the implementation of BMPs at scrap recycling 
    facilities should automatically eliminate the need to conduct 
    monitoring. EPA is requiring monitoring primarily for purposes of 
    demonstrating the effectiveness and adequacy of the pollution 
    prevention plan as implemented over the term of the permit. EPA 
    believes that the transient nature of activities at scrap recycling 
    facilities and the results of the group application sampling effort 
    clearly justify analytical monitoring during the permit term.
        Some commenters questioned why EPA proposed to require monitoring 
    for aluminum and iron at scrap recycles. Only 5 scrap recycling 
    facilities sampled for these pollutants during the group application 
    process. The limited sampling information provided by scrap recycling 
    facilities for iron and aluminum, however, suggests that these 
    facilities may be significant sources of iron and aluminum in storm 
    water runoff. Given the volumes of ferrous and non-ferrous materials 
    commonly handled at scrap recycling facilities, EPA believes that it is 
    reasonable to monitor for these pollutants to determine if they are 
    present and if so to provide information to the facility operator to 
    ensure the pollution prevention plan is effective at controlling these 
    pollutants. Therefore, EPA believes that additional data on these two 
    pollutant parameters is needed for purposes of better characterizing 
    pollutant sources that may be present so that pollution prevention 
    plans may be more appropriately designed.
        A number of commenters requested clarification on the use of the 
    term ``battery reclaimers'' as it applies to scrap recycling and waste 
    recycling industries. EPA agrees that scrap and waste recycling 
    facilities which only collect and temporarily store used lead-acid 
    batteries are not classified as battery reclaimers as described by 40 
    CFR Part 266. Battery reclaimers engage in the practice of breaking-up 
    used lead-acid batteries for purposes of reclaiming the lead contained 
    within them. During the group application process, EPA did not receive 
    any group applications composed of battery reclaimers. Therefore, 
    facilities which engage in the reclaiming of used, lead-acid batteries 
    are not eligible for coverage under this permit.
        EPA has reviewed a cost study provided by industry and concludes 
    that a substantial portion of the costs arose as a consequence of 
    unclear permit language or activities that are already substantively 
    employed at scrap recycling facilities (i.e., not necessarily in 
    response to the NPDES storm water program). EPA believes that the cost 
    estimates provided in the fact sheet to the proposed permit are 
    reasonably accurate and representative of the actual range of costs 
    most facilities will experience to comply with the requirements of this 
    permit (see cost of compliance discussion in this summary).
        EPA is not requiring scrap recycling facilities to construct 
    permanent or semi-permanent covers over stockpiled materials, 
    therefore, the estimated capital costs would be substantively reduced 
    over those calculated by industry. In addition, EPA observed during a 
    site visit that a scrap facility with a shredder already had at least 
    one roll-off box for collecting shredder fluff. Given the substantial 
    volume of shredder fluff produced annually, some means of collecting 
    and disposing of shredder fluff already exists at shredder facilities. 
    Therefore, EPA does not agree that scrap recycling facilities are 
    facing the additional capital expenses as reported in the industry cost 
    report.
        With regard to retention ponds, the final permit provides 
    additional clarifying language that states that the operator is 
    expected to employ a full range of non-structural erosion and sediment 
    control measures to reduce sediment loadings. If substantial loadings 
    persist after employing a full array of non-structural measures, the 
    operator could be expected to construct a retention pond or its 
    equivalent. However, the operator would first be expected to identify 
    what additional measures might be taken to reduce sediment loadings 
    before constructing a retention pond. In addition, the final permit 
    allows the operator to make a determination that insufficient area is 
    available to construct a pond or its equivalent. These additional 
    provisions in the final permit are expected to dramatically reduce the 
    likelihood that many scrap recycling facilities will be required to 
    construct retention ponds.
        Discussions with the scrap recycling industry indicate that 
    facilities that receive substantial quantities of turnings have 
    established appropriate containment areas with suitable berming and 
    drainage collection (including the use of sumps and/or oil/water 
    separators). In addition, measures to properly dispose or recycle 
    substantial quantities of residual fluids are already in practice in 
    response to other environmental and safety regulations at the Federal, 
    State, and local levels. Consequently, EPA does not agree that the 
    estimated annual operation and maintenance cost of $13,000 can be 
    exclusively attributed to the NPDES storm water program.
        The scrap recycling industry cost study estimates that berms around 
    stockpile as will be replaced quarterly at an annual cost of $55,000. 
    EPA has a number of concerns with regard to this estimate. The use of 
    berms around certain stockpile areas was proposed as a BMP alternative 
    by industry and many of its members. In addition, group applications 
    cited the use of berms as a frequently employed best management 
    practice. If such a cost estimate were accurate, it is unrealistic to 
    expect that a scrap recycling facility would incur such a cost given 
    the industry's expressed concerns about extreme competitive pressures. 
    It is more likely that such a BMP would be considered impractical or 
    economically infeasible by the facility operator and other BMPs would 
    be chosen in preference.
        EPA also wishes to respond to a number of other costs elements 
    reported in the industry study. The study also identifies additional 
    costs in response to the draft permit:
         Encourage suppliers to drain fluids.
         Inbound scrap lead acid battery control program.
    
    [[Page 51100]]
    
         Inbound material inspection program.
         Segregate, handle and store used batteries.
         Periodic inspections of processing equipment.
         Employee and supplier training.
        In discussions with industry representatives and scrap recycling 
    facility operators during site visits, it was observed or noted that 
    many of these practices are already commonly employed by the scrap 
    recycling industry. In particular, manufacturer specifications on what 
    is acceptable for scrap often dictates what materials are or are not 
    accepted. In addition, frequent training of employees and buyers of 
    scrap is necessary in order to ensure that only acceptable materials 
    are received. Concerns over potential liability of accepting undetected 
    hazardous waste within scrap necessitated the need for the industry to 
    provide adequate training of both employees and its major suppliers. 
    Therefore, EPA does not believe that the costs associated with these 
    activities are overly burdensome or that they can be exclusively 
    attributed to the NPDES storm water program.
        A number of commenters expressed concerns about the appropriateness 
    of requiring WET testing as an alternative monitoring requirement. EPA 
    has removed any requirements to conduct whole effluent toxicity testing 
    from this section of the permit. A substantial number of comments were 
    received by the industry with regard to other monitoring requirements 
    during the permit term. To a large extent, commenters disagreed that 
    monitoring during the permit term would provide the necessary 
    information to support EPA's goal of assessing the effectiveness of 
    pollution prevention plans. Many commenters specifically stated that 
    EPA's use of benchmarks was not appropriate and that, in effect, the 
    Agency was establishing numeric effluent limits for the scrap recycling 
    industry. Commenters added that the site-to-site and storm-to-storm 
    variability of the data will prevent EPA from determining the 
    effectiveness of BMPs. In sum, the excessive cost of monitoring, the 
    lack of technical and regulatory expertise, excessive administrative 
    burden, and the need to hire consulting engineers were cited as 
    justified reasons for eliminating monitoring requirements.
        EPA's analysis of all sampling data provided by group applicants 
    within this sector revealed that the scrap recycling industry 
    consistently exhibited high concentrations of metals, particularly 
    copper, lead, and zinc. Moreover, sampling data also revealed that, in 
    general, scrap recycling facilities were a consistent source of a wide 
    diversity of conventional and toxic pollutants. EPA believes that the 
    range of concentration values reported for many pollutants adequately 
    supports the inclusion of monitoring for these pollutants in the 
    permit.
        The group application sampling was intended to demonstrate to 
    operators of facilities and to EPA the types of pollutants typically 
    found in industrial storm water discharges and to give, to some extent, 
    a measure of the magnitude of those pollutants. It was not expected 
    that sampling results would be used as a basis of establishing numeric 
    effluent limits. The purpose of monitoring in today's final permit is 
    to substantiate, over the long term, that scrap recycling facilities 
    are employing the full range of BMPs and to judge the overall 
    effectiveness of pollution prevention plan measures in controlling the 
    pollutants of concern.
        A number of commenters requested that EPA subdivide this sector to 
    distinguish between scrap recycling facilities and municipal recycling 
    facilities (MRF) that recycle paper, newspaper, glass, plastic 
    containers, cardboard, and aluminum cans received primarily from 
    residential and commercial sources. Commenters argued that MRFs are not 
    the same as scrap recycling facilities, particularly with regard to the 
    degree of exposure of significant materials. Commenters requested that 
    EPA clarify its position with regard to BMP and monitoring requirements 
    with regard to MRFs. Commenters also requested that EPA clarify any 
    distinctions between MRFs that receive source-separated recyclable 
    materials only (so called clean MRFs) versus those that do not receive 
    source separated materials (so called dirty MRFs).
        Based on information and data submitted in two group applications, 
    EPA has created a separate sub-sector for recycling facilities that 
    receive only recyclable materials (source-separated facilities) 
    primarily from commercial and residential sources. This sub-sector 
    excludes scrap recycling facilities and dirty MRFs. EPA concludes that 
    source-separated recycling facilities are different in many respects 
    from scrap and waste recycling facilities and from dirty MRFs. Source 
    separated recycling facilities do not produce the volume of non-
    recyclable wastes that scrap recycling and waste recycling and dirty 
    MRF facilities do. In addition, recycling facilities do not have heavy 
    industrial processing equipment such as shearers or shredders.
        EPA observed during one site visit to a MRF that the majority of 
    storage occurred indoors and there were few outdoor processing 
    operations. Outdoor storage consisted only of processed materials, 
    e.g., compacted bundles of aluminum cans and bins containing glass 
    cullet. Outdoor storage of processed materials tended to be for only 
    short periods of time as compared to scrap recycling facilities where 
    stockpiled materials may be exposed for long periods of time.
        EPA also believes that recycling facilities that reject non-
    recyclable waste materials at the source, e.g., curb-side, also 
    distinguishes them from scrap recycling and waste recycling facilities. 
    This practice is an effective means of substantially reducing the 
    potential that household hazardous wastes will be accepted. Frequent 
    training of pickup drivers is also common to ensure that nonrecyclable 
    materials such as paints, fluorescent tubes, used oil, and pesticides 
    and are not accepted. EPA believes that separate pollution prevention 
    plan and monitoring requirements are appropriate for this sub-group and 
    has revised the final permit to reflect this.
        EPA believes that municipal recycling facilities (MRFs) that 
    receive only source-separated recyclable materials (e.g., glass, 
    plastic, aluminum cans, paper, newspaper, tin cans, magazines, and 
    alike) should not have the same monitoring requirements as those for 
    scrap recycling facilities. MRFs are characterized as facilities that 
    receive recyclable materials primarily from commercial and residential 
    sources. In addition, MRF processing operations frequently occur 
    indoors. EPA conducted a subsector review of sampling data submitted by 
    four groups. These groups consist of facilities which receive source-
    separated recyclable wastes. EPA's analysis of median concentration 
    data for pollutants sampled indicated that all pollutants were below 
    the benchmarks.
        EPA believes that given the nature of operations at these 
    facilities and the implementation of BMPs, that these facilities should 
    not be required to conduct storm water monitoring. EPA is also 
    establishing separate pollution prevention plan requirements for 
    recycling facilities that receive only source-separated, recyclable 
    materials.
    
    Steam Electric Generating Facilities
    
        Several comments were received concerning the EPA's proposed 
    monitoring regimen on which sector monitoring frequencies were based 
    upon ``benchmark'' concentrations of pollutants, a representation of 
    
    [[Page 51101]]
    monitoring data from NURP and the Gold Book.
        After reviewing the comments and data, EPA revised the 
    ``benchmark'' values and the methodology used to determine which 
    industries will monitor for their storm water. Based upon the revised 
    methodology, steam electric facilities are required to conduct chemical 
    monitoring of their storm water discharges for total recoverable iron. 
    Monitoring discharges from coal piles is still required if coal is 
    utilized or stored at the facility in conformance with 40 CFR 423.
        Several commenters complained that there would be exorbitant 
    additional costs involved with the ``benchmark'' monitoring 
    requirements and/or BMP's required by and peculiar to the Multi-Sector 
    permit. Several commenters requested justification for those 
    requirements which they felt were unjustified and more stringent than 
    the requirements of the general baseline permit.
        Since the Multi-Sector permit was created as a result of the group 
    application process using data supplied by and specific to each 
    industry sector, the permit requirements have been tailored to the 
    unique needs of each industry sector. For this reason, EPA believes 
    that industries that obtain coverage under the Multi-Sector permit and 
    comply with the terms of that permit will reduce pollutant discharges 
    to waters of the United States to a greater degree than would occur 
    under coverage of the baseline general permit. However, coverage is 
    available to those industries under either permit upon the submission 
    of the appropriate notice of intent (NOI). All the BMPs mentioned in 
    the Multi-Sector permit are suggestions utilized to illustrate the 
    intent of the permit and illustrate a method by which compliance can be 
    achieved. Other equivalent BMPs may be implemented, at the discretion 
    of the permittee, to attain those illustrated results. EPA realizes 
    that the permittee is most familiar with the particular industrial site 
    and is best qualified to determine which BMPs are equal to, or perhaps 
    more effective in satisfying the intent of the permit. EPA encourages 
    the use of these other BMPs or practices which attain or improve upon 
    the Multi-Sector permit goals, especially those which are easier or 
    less costly to implement.
        Sector O of the Multi-Sector permit focuses attention on both coal 
    pile runoff and any other storm water discharge associated with 
    industrial activity at steam electric power generating facilities. Coal 
    pile runoff has, however, been identified as a particularly serious 
    threat to water quality and therefore the EPA has developed effluent 
    guidelines (40 CFR 423) to regulate its discharge. The requirements for 
    coal pile runoff from the guidelines have been incorporated into the 
    multi-sector general permit.
        Storm water discharges from wood-burning power plants are not 
    covered under the Multi-Sector permit since no applications were 
    received from wood-burning power plants under the group permit 
    application process. EPA developed the Multi-Sector permit in response 
    to only those facilities who applied for group permit coverage. Wood-
    burning plants may obtain coverage under the baseline general permit or 
    an individual storm water permit.
        For the sake of consistency with the other sectors in the multi-
    sector permit and to eliminate the duplication of regulation, EPA has 
    removed reference to the requirements for permit coverage for 
    industrial activities associated with construction. It must be noted, 
    however, that a permit is required for storm water discharges from 
    construction activities which additively disturb five or more acres, 
    and such coverage is available through EPA's general permit for storm 
    water discharges associated with construction activity.
        Several comments dealt with the topic of monthly visual examination 
    and documentation of storm water discharges as being burdensome, 
    unjustified, and potentially impossible to comply with when dealing 
    with the random occurrences of storm events and the numbers of outfalls 
    to be sampled. EPA has relaxed the required frequency of visual 
    examinations from a monthly to a quarterly basis. EPA has included the 
    requirement for only limited analytical monitoring of storm water 
    discharges from Sector O facilities based upon ``benchmark'' values. 
    Annual compliance monitoring/reporting of runoff from coal storage 
    areas/piles is also required as specified in 40 CFR 423. To aid in the 
    reduction of resources necessary to comply with the visual sampling 
    requirements for facilities with several outfalls, the permittee, if 
    practicable, can combine and/or eliminate outfalls, apply the 
    representative discharge provisions of VI.C.4. of the permit or utilize 
    automatic samplers.
    
    Motor Freight, Rail, and Passenger Transportation, Petroleum Bulk Oil 
    Stations, and the U.S. Postal Service
    
        There were a number of comments received regarding the requirements 
    for the sector P, the ground transportation sector. The comments 
    focused on grouping of facility types in the sector, eligibility under 
    the sector, and the storm water pollution prevention plan requirements.
        Several commenters, including members of the passenger bus, tank 
    truck carrier, motor carrier, and warehouse industries, were concerned 
    with the grouping of a range of transportation facilities in the ground 
    transportation sector. Concern was particularly expressed regarding the 
    ``long-term implications'' of this ``umbrella'' permitting practice. In 
    response, EPA has retained the original grouping of transportation 
    facilities as presented in the proposed permit. Although the gross 
    operations of these different types of facilities may differ, EPA found 
    that the vehicle maintenance and repair activities are remarkably 
    similar and pose equally similar threats to storm water pollution. 
    Further, EPA found that comparable best management practices were used 
    at these varying facilities. In terms of the long term effect of this 
    grouping, EPA assures the commenters any additional permitting efforts 
    will revisit the appropriateness of sector groupings based upon 
    information as it becomes available.
        One commenter expressed particular concern about the inclusion of 
    warehouses in the land transportation sector. EPA grouped regulated 
    warehouse facilities in the land transportation sector because, when 
    such facilities have exposure to storm water, it is often due to 
    exposure of vehicle maintenance shops and equipment cleaning 
    operations. EPA reminds the commenter that facilities are required to 
    meet the permit conditions for all industrial activities (and hence 
    sectors) which they may have onsite.
        Several commenters, including members of the passenger bus, tank 
    truck carrier, and warehouse industries, requested that EPA clarify its 
    position regarding vehicle wash waters and its definition of 
    ``commingling'' of storm water and vehicle wash waters. Vehicle wash 
    waters, water discharged from a vehicle washing activity, are required 
    to be permitted separately from the storm water discharges from such 
    areas. Although most facilities design such wash areas to drain most, 
    if not all, wash waters during the washing activity, some facilities 
    may have stagnant pools of washwater that do not drain or discharge. If 
    a storm event results in the discharge of both the remaining wash 
    waters and storm water, the storm water permit would only cover the 
    storm water discharges and not commingled wastes. Similarly, if vehicle 
    washing activities are performed during a storm event or immediately 
    
    [[Page 51102]]
    preceding an event, the storm water permit only covers the portion of 
    the discharge originating from the storm event. If, however, the 
    washing activity is performed prior to a storm event and the washwater 
    that is not immediately discharged is allowed to evaporate prior to 
    being discharged with storm water, the storm water discharge that is 
    now contaminated with the dry residue from the washwater is entirely 
    covered by the storm water permit. Such residues would be expected to 
    be specifically addressed in the facility's storm water pollution 
    prevention plan.
        Another commenter requested that vehicle wash waters from land-
    based transportation facilities be allowed to be discharged under this 
    permit provided appropriate pollution prevention measures have been 
    implemented to ensure that such discharges do not contain a visible 
    sheen, detergents, or solids as was proposed for water-based 
    transportation facilities. EPA disagrees that such discharges should be 
    allowed. In the final permit, vehicle washwaters are not allowed from 
    water-based transportation facilities. Such discharges must be 
    permitted separately.
        Many commenters, including members of the passenger bus, tank truck 
    carrier, petroleum marketers, motor carrier, and warehouse industries, 
    requested that employee training only be required to be conducted on an 
    annual basis. In response, EPA has reduced the required frequency of 
    employeetraining to once per calendar year. However, EPA would like to 
    emphasize that more frequent training, perhaps on an informal basis, is 
    encouraged and will most likely result in better implementation of the 
    storm water pollution prevention plan.
        Two commenters also expressed concern that the training 
    requirements apply to all employees regardless of their effect on storm 
    water pollution prevention and control. In response, EPA would like to 
    clarify that only those employees that play a role in the industrial 
    activities at the site must be trained. Because job descriptions differ 
    tremendously from site to site, EPA has left it to the discretion of 
    the pollution prevention team to determine who are the appropriate 
    employees to be trained. The team is cautioned to err on the side of 
    training too many employees rather too few. Even if an employee is 
    remotely involved in an industrial operation that may affect the 
    quality of the storm water discharge that employee should be included 
    in the employee training. To demonstrate EPA's intention of who should 
    be trained it is easier to list positions that may not require the 
    employee storm water training: secretaries, administrative personnel, 
    and salespersons. One commenter also listed executive staff as 
    potentially not requiring training. EPA would like to emphasize that it 
    is necessary and helpful for executive staff to fully understand what 
    activities are taking place on site to protect water quality. As such, 
    executive staff should be fully considered as potential trainees along 
    with other employees.
        Two commenters argued that the proposed requirement to store 
    vehicles awaiting maintenance in designated areas only would be more 
    effective if the requirement only applied to vehicles with actual or 
    potential fluid leaks since it could be interpreted that all vehicles 
    are awaiting maintenance. EPA agrees with the commenters and has 
    altered the permit language accordingly.
        Several commenters felt that the monthly inspections required in 
    the proposed permit were too burdensome, particularly due to the 
    required documentation of such inspections. In response, EPA has 
    reduced the frequency of inspections to quarterly. It is EPA's 
    intention that the quarterly inspection and the visual storm water 
    examination requirements be coordinated into one comprehensive program. 
    By performing the two within similar time frames, it is hoped that the 
    facility will gain useful insight by comparing the results of the 
    overall facility inspection and the storm water visual examination. 
    More frequent inspections, preferable with documentation, are 
    encouraged, but are not required.
        One commenter suggested providing an alternative certification 
    option for facilities that eliminate exposure to storm water runoff 
    such that the facility may be exempt from the quarterly visual 
    examinations requirements. In response, EPA disagrees that the 
    alternative certification provided to other sectors for purposes of 
    chemical monitoring is appropriate for quarterly visual examinations. 
    The quarterly visual examinations are still useful in areas where 
    exposure has been ``eliminated'' to ensure that exposure has not re-
    occurred causing a storm water contamination problem.
        Many commenters, including members of the passenger bus, tank truck 
    carrier, petroleum marketers, motor carrier, and warehouse industries 
    concurred with EPA in not requiring chemical analysis of storm water 
    discharges from ground transportation facilities. As such, the 
    commenters strongly opposed the alternative monitoring requirements 
    presented in the proposed permit. EPA has retained the proposed 
    monitoring of quarterly visual examinations only.
        Most commenters supported the quarterly visual examination 
    requirements. A few commenters expressed concern about fulfilling the 
    requirement on large sites where employees may be on the road a 
    significant amount of time and where rainfall is sporadic. The 
    commenters were also concerned about sites without a dedicated 
    environmental staff. The commenter suggested requiring the visual 
    examination on an annual basis or only recommending the practice on a 
    quarterly basis. In response, EPA has retained the quarterly visual 
    examination requirements as proposed and has added a waiver of this 
    requirement at inactive and unstaffed sites (see discussion of 
    monitoring requirements above). EPA reminds the commenter that visual 
    examination may be performed by a non-technical person who has been 
    trained as to how to collect the sample and what to observe.
        Many commenters were concerned with the requirement to attain the 
    same water quality in the storm water discharges as an oil/water 
    separator when such technology operates with such great variability. 
    Concern was also expressed regarding the qualifications of facility 
    personnel to make such an engineering judgment. In response, EPA has 
    removed this reference in the final permit due to the difficulty in 
    determining what water quality would be achieved with an oil/water 
    separator. EPA does however encourage permittees to strive for the 
    pollutant removal levels referenced in the literature for oil/water 
    separators.
    
    Water Transportation
    
        The comments received on Sector Q, the water transportation sector, 
    focused on eligibility, who is responsible for permit compliance, and 
    monitoring conditions. One commenter raised concerns that the 
    permitting for barge discharges (including barge storm water, 
    washwater, and wastewater) is too uncertain. In response, today's 
    permit regulates the storm water and washwater from the maintenance and 
    equipment cleaning areas for canal barge operations (SIC code 4449) and 
    for barge building and repair facilities (SIC code 3731). Today's 
    permit, however, does not regulate wastewaters, such as bilge and 
    ballast water, washwater, sanitary wastes, and cooling water 
    originating from vessels. The permit specifies that the operators of 
    such discharges must obtain coverage under a separate NPDES permit if 
    discharged to waters of the United States or through 
    
    [[Page 51103]]
    a municipal separate storm sewer system.
        One commenter indicated that many Navy activities would fall under 
    both VIII.Q. Vehicle Maintenance Shops/Equipment Cleaning Operations 
    and VIII.R. Ship Building and Repair and would like to see EPA 
    establish some guidelines for sector applicability. In response, the 
    permit does specify that when an industrial facility has industrial 
    activities being conducted onsite that meet the description(s) of 
    industrial activities in another sector(s), that the industrial 
    facility must comply with any and all applicable monitoring and 
    pollution prevention plan requirements of each of those sector(s).
        One commenter explained that marine terminal and ports have a 
    multitude of activities undertaken by many industrial facilities and 
    contractors in the common areas of the port. This commenter wanted to 
    know who is responsible for obtaining permit coverage for these common 
    areas which are usually served by a common storm sewer system. The 
    commenter suggested that EPA require the property owner (port 
    authority) to be the primary permit holder and have each lessee or 
    contractor become a co-permittee. In response, the property owner (port 
    authority) is responsible for permitting the common areas of the 
    facility, and each lessee operating an industrial activity is 
    responsible for obtaining permit coverage for the specific operations 
    occurring on their leased property. In today's permit, EPA does require 
    that the co-permittee arrangement be utilized at airport facilities; 
    however, EPA will not require this approach at marine terminals or 
    ports. The industrial facilities and contractors located at airports 
    generally are similar in nature, and one pollution prevention plan can 
    more easily address the issues of concern. A marine terminal or port 
    often has many dissimilar activities occurring within the facility 
    lending itself to an approach which can focus on each specific 
    industrial operation. A co-permittee approach would be acceptable to 
    the Agency, but it is not required.
        One commenter felt that facilities in this sector are being forced 
    to monitor for parameter(s) that no one believed were of concern, were 
    not monitored for in Part II, and are not even handled by the facility, 
    specifically, the metals. In response, EPA has revised the monitoring 
    requirements in the final permit for the water transportation sector 
    based on the methodology described previously. To address the concern 
    that some facilities would have to monitor for pollutants not found or 
    suspected in their discharge, pollutant-by-pollutant certification will 
    eliminate the requirement to monitor for those pollutants not present.
    
    Ship and Boat Building or Repairing Yards
    
        Comments received on the permit requirements included in sector R, 
    ship and boat building or repairing yards, focused on grouping of 
    industrial facilities, the benchmark values, and the application of 
    multiple sectors to one facility (co-located industrial activities). 
    Several commenters were concerned with the grouping of fiberglass and 
    aluminum boat manufacturers into one sector. In response, EPA has 
    evaluated the grouping of these types of boat manufacturers and has 
    determined retain these industrial activities in one sector. EPA does 
    not believe this will cause an undue burden on either industry given 
    the revised monitoring requirements, which are now sub-sector specific 
    and the flexibility of the pollution prevention plan requirements.
        Two commenters took issue with the basis of the benchmark values. 
    The benchmarks have been revised. For a full discussion of the revision 
    see the part of the fact sheet that address the benchmark values 
    directly.
        One commenter was concerned with the burden of complying with all 
    applicable sectors of the permit under the co-located industrial 
    activities requirement. EPA has retained this provision in the final 
    permit to ensure comprehensive environmental protection and does not 
    believe this requirement is overly burdensome. This provision does not 
    require that a separate and distinct pollution prevention plan be 
    developed based on each applicable sector, but requires consideration 
    of other BMPs from other sectors, and incorporation of those applicable 
    BMPs into the pollution prevention plan for the facility. Where 
    monitoring requirements from two or more sectors overlap, only one 
    sample and analysis needs to be conducted (see discussion of co-located 
    industrial activities above).
    
    Air Transportation
    
        Comments on Sector S, Air Transportation, primarily focused on 
    obligations and responsibilities of the airport authority and its 
    tenants. The storm water permit application regulations at 40 CFR 
    122.26(b)(14) define the storm water discharges associated with 
    industrial activity in terms of eleven categories of industrial 
    activities. Category (viii) includes transportation facilities 
    classified as Standard Industrial Classification (SIC) code 45 that 
    have vehicle and equipment maintenance (including vehicle and equipment 
    rehabilitation, mechanical repairs, painting, fueling, and 
    lubrication), equipment cleaning operations, or airport deicing 
    operations (including aircraft and runway deicing). Review of the 
    Standard Industrial Classification Manual, published in 1987 by the 
    Office of Management and Budget, clarifies that SIC code 45, which 
    addresses air transportation facilities, is not limited to the 
    operators of airports, air terminals and flying fields. In fact, SIC 
    code 45 also includes establishments primarily engaged in providing 
    foreign and domestic air transportation, air courier services, and 
    other fixed base operators who are primarily engaged in servicing, 
    repairing, or maintaining airports and/or aircraft and these activities 
    will also need to be permitted if they have point source discharges of 
    storm water from regulated activities defined under 40 CFR 
    122.26(b)(14)(viii).
        Tenants at the airport, other than the airport authority itself, 
    who conduct industrial operations at the airport facility described at 
    40 CFR 122.26(b)(14)(viii), and establishments who conduct regulated 
    industrial activities described elsewhere under 40 CFR 122.26(b)(14), 
    and whose operations result in storm water point source discharges are 
    also required to apply for coverage under an NPDES storm water permit 
    for their areas of operation. EPA recognizes that airports and their 
    tenants enter into contractual relationships, therefore, these types of 
    tenant facilities could be co-permittees with the airport operator if 
    both parties chose, or could be permitted separately, and thereby be 
    responsible individually for compliance with the permit and 
    implementation of a pollution prevention plan. EPA encourages co-
    permittee status because this approach to permit coverage promotes 
    better coordination of the pollution prevention plan measures and 
    possibly better control of the storm water discharges. However, as the 
    owner/operator of an airport facility and the storm sewer system, 
    airport authorities are ultimately responsible for storm water 
    discharges from their storm sewer system to waters of the U.S. or to a 
    municipal separate storm sewer system.
        Other tenants at the airport, such as car rental and food 
    preparation establishments, which are not defined separately as storm 
    water discharges associated with industrial activity under 40 CFR 
    122.26(b)(14) must also be addressed. These tenants may chose to be co-
    permittees with the airport operator, or private agreements may be 
    
    [[Page 51104]]
    worked out with the airport authority through contractual, or other 
    means, to ensure that the storm water pollution prevention plan of the 
    airport adequately addresses storm water contamination from these types 
    of tenants. Regardless, airport authorities are required to identify 
    the location and activities of all airport tenants as apart of the 
    development of the storm water pollution prevention plan for the 
    airport. EPA would like to clarify, however, that airport authorities 
    are not responsible for ensuring compliance with the conditions of 
    today's permit for storm water discharges associated with industrial 
    activities regulated under 40 CFR 122.26(b)(14) conducted by tenants of 
    the airport that apply separately for a storm water permit and which 
    are not co-permittees with the airport authority.
        Because the applicability of Part XI.S. of today's permit extends 
    to storm water discharges from airport facilities, and in light of the 
    fact that industrial activities conducted by the airport authorities 
    and tenants of the airport are similar in nature, the eligibility 
    section of Part XI.S. has been broadened to allow coverage for both 
    airport authorities and tenants of an airport facility who conduct 
    industrial activities as described in Part XI.S.1.
    
    Treatments Works
    
        Comments on Sector T, Domestic Wastewater Treatment Plants focused 
    on required elements of the storm water pollution prevention plan and 
    monitoring requirements. One commenter raised an issue regarding the 
    requirement of providing a certification that the discharge contains 
    nothing but storm water is unrealistic and can interfere with plant 
    operations. It makes no allowances for temporary discharges into a 
    storm water system.
        In response, the Agency wants to clarify that some non-storm water 
    discharges may be authorized by the permit. These non-storm water 
    discharges include: discharges from fire fighting activities, fire 
    hydrant flushing; potable water sources including waterline flushings; 
    irrigation drainage; lawn watering; routine external building washdown 
    which does not use detergents or other compounds; pavement washwaters 
    where spills or leaks of toxic or hazardous materials have not occurred 
    (unless all spilled material has been removed) and where detergents are 
    not used; air conditioning condensate, springs, uncontaminated ground 
    water; foundation or footing drains where flows are not contaminated 
    with process materials such as solvents. The Agency notes that 
    certification that the discharge contains nothing but storm water, 
    except as mentioned above, is consistent with similar requirements for 
    NPDES general permit requirements for storm water discharges associated 
    with industrial activity published September 9, 1992.
        Many commenters have concerns about the excessive training required 
    in the permit for treatment works employees. Semiannual training for 
    employees will result in an excessive amount of employee ``downtime,'' 
    thereby decreasing the effectiveness of current employees to control 
    the POTW process and may result in the need for increase staff. It is 
    therefore very important that the training program be reasonable. An 
    alternative would be to have employee training conducted once per year 
    instead of every 6 months. In response, EPA agrees and the permit has 
    been modified to require employee training only annually (at least once 
    per calendar year).
        EPA received many comments on the requirements of monthly 
    inspections plus annual comprehensive site compliance evaluation. 
    Commenters state that it is likely that the same person who conducts 
    the monthly inspections will also conduct the annual comprehensive site 
    compliance evaluation. If the facility successfully passes the monthly 
    inspections, then there is no reason to believe that it would not pass 
    a yearly inspection. In response, EPA wants to clarify that the monthly 
    inspections cover specific designated equipment and areas of the 
    facility where there is a high potential for storm water contamination. 
    The areas to be included in all inspections include: access roads/rail 
    lines, equipment storage and maintenance areas (both indoor and outdoor 
    areas); fueling; material handling areas; residuals treatment, storage, 
    and disposal areas; and waste water treatment areas. A monthly 
    inspection can be done easily and routinely, possibly with the guidance 
    of an inspection checklist. Whereas the comprehensive site evaluation 
    is a full site evaluation being conducted to assess the pollution 
    prevention plan and to determine the overall level of compliance by the 
    permittee, and if necessary incorporation of changes or modifications 
    to the pollution prevention plan needed as a result of the inspection.
        Several commenters indicated that requiring an inventory of 
    materials, an investigation of past practices, and a list of 
    significant spills for the previous 3 years is an inventory 
    accumulation of history and only generates paperwork. Commenters 
    suggested that a pollution prevention plan should evaluate current 
    situation and determine potential problems that may result. In 
    response, the Agency believes that past activities may have resulted in 
    pollutant sources for present storm water discharges, and that it is 
    appropriate to address materials that have been exposed to storm water 
    within the past 3 years. EPA believes that the 3-year period is 
    reasonable and does not impose excessive burdens for collecting 
    information on permittees. The Agency notes that the 3-year period is 
    consistent with similar requirements for individual applications for 
    storm water discharges associated with industrial activity at 40 CFR 
    122.26(c)(1)(i) (B) and (D) and general NPDES records retention 
    requirements under 40 CFR 122.21(p) and 40 CFR 112.7(d)(8).
        A number of commenters strongly supported the use of the annual 
    monitoring of the alternative monitoring constituents requirements. 
    Other commenters questioned the accuracy of the statistical analysis 
    performed for the proposed permit. In response, EPA has revised the 
    methodology for determining which facilities will be required to 
    perform monitoring as described elsewhere in the fact sheet. Under this 
    new methodology, domestic wastewater treatment plants are not required 
    to perform monitoring under this permit.
    
    Food and Kindred Products
    
        The greatest number of commenters on Sector U, Food and Kindred 
    Products, are concerned with the monitoring requirements described in 
    the proposed permit. The major objections to monitoring result from the 
    consolidation of the entire food and tobacco industry into one sector 
    which commenters believe compromises the group process since identical 
    monitoring requirements are inappropriate for an industry with such a 
    wide range in process operations. Commenters argue that several 
    subsectors conduct most activities indoors, allowing little opportunity 
    for storm water contamination, while other subsectors perform 
    significant operations outdoors. Commenters also point out that EPA 
    described in the proposed rule several factors that influence the 
    impact of storm water on water quality (e.g., geographic location, 
    hydrogeology, etc.) yet these factors were not considered when 
    proposing monitoring requirements for the industry.
        Commenters also argued that basing the monitoring requirements on 
    such a diminutive set of sampling data is not valid given that data for 
    only four pollutants was collected in sufficient 
    
    [[Page 51105]]
    quantities to be analyzed. Commenters felt that insufficient samples 
    were collected for four other pollutants. Commenters indicated that the 
    inclusion of metals in the monitoring requirements for all sector 
    members, when so little data was submitted for these pollutants, is not 
    statistically valid. Commenters also took exception to EPA's decision 
    to aggregate data for the food processing industry because lack of 
    subsector-specific data does not substantiate monitoring requirements 
    for these pollutants. Commenters believe that monitoring data that does 
    exist for the sector shows no difference between industrial and 
    residential/commercial areas. Also, commenters suggested that storm 
    water data has shown to be very inconsistent and unrepresentative of 
    the actual impact of discharges on receiving waters. Another common 
    issues raised by the commenters was that the benchmark concentrations 
    are unobtainable even with good BMPs. Commenters believe these levels 
    are comparable to tertiary treatment standards for a full treatment 
    system. Also, these cutoff levels appear to presage future permit 
    limits for the industry which EPA has not demonstrated are necessary.
        Several commenters believed that, if monitoring had to be 
    conducted, the alternative monitoring is more appropriate since it more 
    accurately reflects wastes from food and kindred products facilities. 
    However, they suggested there should be an escape clause as with the 
    proposed monitoring allowing facilities to only monitor for those 
    pollutants expected to be present. Commenters felt that monitoring 
    requirements will divert limited funds away from pollution prevention 
    techniques needed to reduce pollutants in storm water as monitoring 
    data show a correlation between enhanced housekeeping and preventative 
    maintenance and reduced pollutant concentrations. Commenters concluded 
    that combining visual examinations and a comprehensive site inspection 
    is a much more appropriate way to evaluate storm water than monitoring.
        Commenters also stated that EPA should give weight to the 
    facilities who met Federal requirements in the application process and 
    enforce against the thousands of facilities that ignored their 
    obligations under the law rather than spending money on additional 
    paperwork burdens. They suggested that sample results from the group 
    applications should be credited towards the alternative monitoring 
    requirements. Conversely, others commented that EPA should not provide 
    ``credit'' to these groups, rather, EPA should recognize the difficulty 
    facilities experience in collecting adequate storm water samples from 
    acceptable rainfall events, especially small business facilities and 
    facilities in arid climates.
        Realistically, commenters stated, very few facilities will be able 
    to obtain all four quarterly samples and almost none will be able to 
    collect all monthly samples for visual observation without constructing 
    automatic sampling facilities. They pointed out that EPA has previously 
    indicated manual sampling was acceptable and automatic sampling would 
    not be required.
        Additional concerns were raised with regard to specific pollutants 
    recommended for analysis in the proposed monitoring. For example 
    commenters pointed out that ammonia data are not presented in the 
    proposed permit fact sheet but the proposed permit states that ammonia 
    exceeds benchmark values. Commenters stated that absent data to 
    substantiate, EPA should not require food and kindred products 
    facilities to monitor for ammonia. Also, EPA should clarify its intent 
    in requiring ammonia monitoring. Specifically, the proposed permit does 
    not state whether EPA is concerned with the nitrogen load (i.e., TKN) 
    on receiving waters, making ammonia monitoring irrelevant, or with the 
    toxic effects of ammonia, making TKN monitoring unnecessary.
        Commenters also argued that EPA does not discuss iron and zinc as 
    pollutants of concern for the industry, raising question as to why food 
    facilities have to sample for these parameters. EPA should work with 
    the few facilities or subsectors of the industry that are found to have 
    metals in their discharge rather than requiring all food and kindred 
    products facilities to monitor these pollutants. Also, the proposed 
    cutoff for iron (0.3 mg/l) is overly protective. The gold book acute 
    aquatic life freshwater criteria is 1.0 mg/l. Commenters also pointed 
    out that fecal coliform data would be superfluous to BOD and TSS data 
    for the industry and testing is much more difficult.
        Based on the comments on the proposed permit, EPA has eliminated 
    the alternative monitoring requirements and re-evaluated the proposed 
    monitoring requirements for the sector through conducting a subsector 
    analysis for the industry. The sub-sector analysis identified only two 
    of the nine subsectors as having pollutants in storm water at 
    concentrations above the revised benchmark values. As a result, most 
    facilities in the food and kindred products sector no longer are 
    required to collect and chemically analyze storm water samples. Only 
    two sub-sectors will monitor: Grain Mill Products manufacturing (SIC 
    code group 204) which will monitor for TSS and Fats and Oils 
    manufacturing (SIC code group 207) which will monitor for TSS, BOD, COD 
    and nitrate plus nitrite nitrogen.
        Commenters in this sector also felt that additional requirements 
    for pesticide storage were unnecessary. They contend that pesticide 
    storage and use are currently regulated under FIFRA, State pesticide 
    laws and the FDA. Further, anyone applying pesticides must be a 
    certified applicator, trained in the safe and prudent use, as well as 
    proper storage, of these products.
        In response, EPA disagrees with the commenters statement that 
    current pesticide storage and use regulations are adequate to prevent 
    storm water contamination. Criteria for evaluating pesticide use and 
    storage and criteria for evaluating storm water contamination from 
    pesticide use and storage are not the same. With the increased use of 
    pesticides at food and kindred products facilities compared to 
    facilities in other sectors, EPA believes that the application and 
    storage of these pesticides with storm water in mind is crucial to an 
    effective storm water pollution prevention plan in this sector.
    
    Textile Mill Products
    
        Comments on Sector V, Textile Mill Products, focused primarily on 
    the pollution prevention plan requirements and monitoring requirements. 
    One commenter supported the permit requirement for visual examinations 
    by indicating that visual examinations accompanied by facility-specific 
    BMPs should most adequately address the minimal potential for 
    controlling the contamination of storm water discharges at textile mill 
    facilities. However, another commenter questions the usefulness of 
    visual examinations, stating that EPA provides no justifications for 
    such examinations.
        In response, periodic inspections of controls are a requirement of 
    the pollution prevention plan, and visual storm water runoff 
    examinations and inspections should be treated as two distinct 
    requirements. Visual examinations represent a minimum requirement in 
    the assessment of the storm water discharge. The relative economic 
    impact of the visual examination of the storm water should be minimal 
    and, in conjunction with site specific BMPs can be used to evaluate the 
    performance and effectiveness of best management practices employed at 
    a particular facility. Visual examinations have been reduced to a 
    quarterly frequency in the 
    
    [[Page 51106]]
    final permit. For more information on visual examinations see the 
    monitoring section of this summary.
        In response to the Agency's request for comments regarding proposed 
    alternative monitoring requirements, one commenter contends that it 
    does not believe that the annual or semiannual monitoring and reporting 
    requirements put forth by the Agency are necessary or appropriate. In 
    assessing this comment, it should again be noted that the Agency had 
    only requested comments on the possibility of imposing the proposed 
    alternative monitoring requirements on textile facilities.
        Today's permit does not include the proposed alternative monitoring 
    requirements. Based on the revised methodology for determining 
    monitoring requirements at the industry sub-sector level, the textile 
    industry is no longer required to conduct chemical monitoring for any 
    specific pollutant. Due to the nature of the industry, and the fact 
    that most operations at such facilities are conducted indoors, the 
    contact of storm water with most pollutants typical of this industry 
    are minimized or eliminated. The statistical analysis performed by the 
    Agency using the Part 2 sampling data when conducted at the sub-sector 
    level supports this conclusion.
    
    Wood and Metal Furniture and Fixtures
    
        Only six comments were submitted addressing the wood and metal 
    furniture and fixtures manufacturing industry. Each of the comments 
    supported the proposed monitoring conditions, which only requires 
    quarterly visual examinations of storm water discharges. In today's 
    final permit, this requirement remains unchanged. Analytical monitoring 
    of storm water discharges will not be necessary from wood and metal 
    furniture and fixtures manufacturing facilities, unless there are co-
    located activities, such as coal piles, refuse piles, landfills etc., 
    which may be required to monitor under provisions elsewhere in the 
    permit.
    
    Rubber, Plastic, and Miscellaneous Products
    
        The majority of the comments received on Sector Y, Rubber, Plastic 
    Products, and miscellaneous manufacturing industries, pertained to the 
    proposed monitoring requirements and the inspection and recordkeeping 
    requirements of the permit. In addition, comments were received 
    regarding EPA's description of the pollutant sources and the assessment 
    of the monitoring results submitted with the group applications. The 
    Rubber Manufacturers Association (RMA) supported the specific BMP 
    requirements which were proposed to control zinc in storm water 
    discharges from rubber manufacturing facilities. Concern was also 
    expressed regarding the consolidation of group applications into the 29 
    industrial sectors. The proposed permit only required visual 
    examinations of storm water samples for facilities in this sector, 
    rather than chemical testing which was proposed for 17 of the 29 
    sectors. While commenters supported the absence of analytical testing 
    requirements, they also argued that the frequency (quarterly) for the 
    visual examinations was excessive. Commenters also opposed the proposed 
    alternate monitoring requirements which would have required analytical 
    testing for certain parameters.
        In the final permit, EPA modified the methodology for determining 
    the types of facilities which are required to conduct analytical 
    testing of storm water. The revised methodology is discussed in section 
    VI.E of the final fact sheet and also in the monitoring portion of this 
    summary. EPA believes that the sub-sector methodology better targets 
    the monitoring requirements toward the specific types of facilities 
    within the 29 sectors which pose the greatest risk to the storm water 
    quality.
        Based on the sub-sector methodology, the final permit requires that 
    manufacturers of rubber products conduct analytical testing of storm 
    water samples for zinc. This pollutant was shown to be a pollutant of 
    concern from the monitoring data which were submitted by rubber 
    products manufacturers (i.e., the median concentration was above the 
    EPA benchmark concentration of 0.065 mg/l for zinc). Testing of grab 
    samples is required quarterly during the second and fourth years of the 
    permit. However, permittees may omit the testing during the fourth year 
    if the second year results are below the benchmark concentration. In 
    addition, the final permit provides for ``alternate certification'' in 
    lieu of monitoring (see section VI.E.3 of the fact sheet) on a 
    pollutant-by-pollutant basis as well as on an outfall-by-outfall basis. 
    As such, analytical testing for zinc would not be required for 
    facilities which do not use zinc, or for facilities where industrial 
    activities are not exposed to storm water.
        The final permit only requires analytical testing of storm water 
    samples for rubber products manufacturers. However, the final permit 
    does retain the requirement for a quarterly visual examination for all 
    facilities (including rubber manufacturers) in this sector. This 
    requirement is also standard for all sectors of the permit. EPA 
    believes that the quarterly frequency appropriately balances the costs 
    associated with the visual examinations with the need to periodically 
    assess any pollutant loadings in the discharges and the effectiveness 
    of the storm water pollution prevention plan.
        A commenter in this sector also expressed concern that analytical 
    testing for a number of parameters in storm water had been a 
    requirement of EPA's baseline general permit of September 9, 1992 for 
    facilities in major SIC group 30. EPA recognizes that there are 
    differences in the requirements between today's multi-sector general 
    permit and the previous baseline general permit. These differences are 
    the result of the additional information concerning these facilities 
    obtained during the group application process. However, concerns 
    regarding the requirements of the baseline general permit are outside 
    the scope of the present permitting action.
        The proposed permit would have required a comprehensive site 
    compliance evaluation at ``appropriate'' intervals, but not less than 
    once per year. A commenter argued that this was too vague and should be 
    clarified. In response, the final permit now simply requires a 
    comprehensive site compliance evaluation at a minimum of once per year 
    for all facilities covered by the permit.
        The commenter was also unclear regarding the ``qualified'' 
    personnel who are required to conduct the comprehensive site compliance 
    evaluations. In discussing the requirements for a comprehensive site 
    compliance evaluation, section VI.C.4 of the fact sheet notes that 
    inspectors should be members of the pollution prevention team. Such 
    individuals should be familiar with the potential pollutant sources at 
    the facility, and the control measures developed for the storm water 
    pollution prevention plan to control pollutant discharges. EPA believes 
    that facilities should be able to identify appropriate individuals for 
    the necessary site evaluations. The commenter also requested that the 
    permit provide that the facility inspections (required by Part XI.Y.3.d 
    of the permit) would be conducted at appropriate intervals as stated in 
    the storm water pollution prevention plan. Such a requirement was 
    included in the proposed permit and has been retained in the final 
    permit. The commenter objected to the requirement that facilities 
    maintain records of inspections and visual examinations. 
    
    [[Page 51107]]
    EPA disagrees with the commenter on this issue and believes that such 
    records are necessary for EPA to verify compliance with the 
    requirements of the permit. Therefore, the records retention 
    requirements were retained in final permit basically as proposed. One 
    relatively minor change was made which standardizes the records 
    retention period for all sectors to 3 years, which is the minimum 
    required by NPDES regulations at 40 CFR 122.42(j). Additional 
    information concerning issues associated with inspections and 
    recordkeeping can be found in the reporting and record keeping portion 
    of this summary.
    
    Leather Tanning
    
        In response to comments that the leather tanning industry was 
    required to monitor in error and that manganese and aluminum should not 
    be included in the list of monitoring parameters, the final multi-
    sector permit does not require leather tanning facilities to conduct 
    chemical monitoring. However, the industry must still perform visual 
    examinations. More discussion of the revised monitoring requirements 
    under today's final permit can be found in the monitoring section of 
    this summary.
        In response to a comment that EPA should simply adopt the model 
    permit and pollution prevention plan submitted by one industry 
    organization, EPA has determined that the proposed leather tanning 
    permit and pollution prevention plan with BMPs which was published in 
    the Federal Register on November 19, 1993, is best suited to control 
    storm water discharges from this industry.
        In response to the comment that facilities submitted chromium data 
    because they were required to (as a categorical pollutant), EPA 
    clarifies that chromium is limited in an effluent guideline for leather 
    tanning process wastewater. The industry was therefore required to 
    submit monitoring data for chromium. The leather industry was also 
    required to submit monitoring data for ``those pollutants that they 
    knew or had reason to believe were present.'' These pollutants were 
    shown in tables which listed conventional and nonconventional 
    pollutants, toxic pollutants and hazardous pollutants. These tables 
    were included in the permit application Form 2-F.
    
    Fabricated Metal Products Industry
    
        Many commenters stated that the fabricated metal industry should be 
    further divided into dry and wet fabricating industries. Most explained 
    that the processes and practices vary widely between these two types of 
    fabricating industries. In particular, many pollutants vary between 
    these groups due to the fact that each of these industries require very 
    different chemicals in their processes. The main concern expressed by 
    commenters was that monitoring for the entire group was based on a wide 
    range of chemicals for both industrial processes that may not be 
    present at a facility if only one process is conducted at the facility.
        EPA agrees that the industries covered under this section of the 
    permit should be re-evaluated to examine more carefully inherent 
    differences between subgroups in the industry. As a result, today's 
    rule has identified industry subgroups using the three and four-digit 
    SIC classification for the purposes of determining which industries 
    will conduct monitoring in this sector. Industry subgroups will monitor 
    for specific pollutants where the median value exceeds the revised 
    benchmark levels. EPA has also expanded the flexibility of the 
    monitoring requirement by allowing facilities to certify on a 
    pollutant-by-pollutant basis to no exposure to storm water in lieu of 
    monitoring for that chemical. This can result in some facilities not 
    monitoring and others limiting the number of pollutants required to be 
    monitored.
        Several commenters requested that the fabricated metal industry be 
    required to conduct visual examinations and annual site compliance 
    evaluations only. EPA does not agree. Chemical monitoring is still 
    necessary, given the results of the data evaluation conducted on the 
    subsectors. Visual examinations in combination with chemical monitoring 
    and site compliance evaluations will help assess the presence of 
    pollutants of concern in the discharges and the effectiveness of the 
    pollution prevention plan at controlling these.
        A commenter requested that EPA clarify whether all of SIC code 
    group 34 is covered in Sector 29, such as the forgings industry. They 
    pointed out a discrepancy between the preamble language and the permit 
    language relating to coverage. In response, EPA inadvertently left out 
    certain SIC code group 34 industries in the proposed permit. The fact 
    sheet contained the entire list of industries covered under this 
    section. EPA has clarified the permit language to correct this 
    omission.
        Several commenters suggested that EPA differentiate between dry 
    fabricators and others by adding a definition that placed a qualifier 
    ``Metal Treatment Only'' to the terms and conditions that apply only to 
    metal treatment operations. Commenters also suggested the permit should 
    require dry fabricators to certify to no metal treatment operations or 
    other operations likely to result in discharges of the pollutants of 
    concern.
        EPA has not placed a qualifier on the terms and conditions of the 
    permit. However, using the revised analysis to determine monitoring, 
    addresses some of the concerns about the grouping of sectors. Also, 
    determining site-specific BMPs and certifying, on a pollutant-by-
    pollutant basis to no exposure to storm water will add more flexibility 
    in determining monitoring requirements.
        A commenter requested that EPA expand the definition of fabricated 
    metal industries in the permit language. EPA has not expanded the 
    definition of fabricated metal industries other than including the 
    other industries identified in the proposed fact sheet that were 
    inadvertently left out of the permit language. Other industries that 
    could be related to this sector are covered under the Primary Metals 
    Industry section of the permit. EPA believes that it has listed as 
    eligible for coverage, all industries that participated in the group 
    application process.
        Commenters stated that the list of options for controlling 
    pollutants can be expensive and uneconomical. Many thought that the 
    BMPs may later become mandatory and do not allow for alternative 
    measures to control pollutants at a given site.
        To clarify, EPA has only provided a list of potential BMPs to be 
    considered by each facility operator when preparing a pollution 
    prevention plan. This list is neither totally inclusive nor mandatory. 
    Permittees are free to determine the most economical and effective BMPs 
    specific for a given facility and activity.
        Commenters felt that most fabricators do not have process 
    wastewater discharges. Because of this, they requested a waiver on 
    requiring proof of no commingling of process waste water with storm 
    water. Today's permit does not change this requirement. Some 
    fabricators employ acid baths, wash waters and other process wastewater 
    related activities. Certification of no commingling remains an 
    important part of the permit requirements to be included with the storm 
    water pollution prevention plan certification to ensure that storm 
    water discharges are not contaminated by these discharges.
        A commenter pointed out that the description of the materials used 
    at facilities in this sector should have noted that many of these 
    materials are not necessarily used at all types of facilities within 
    the sector. The commenter was apparently concerned that this 
    description could erroneously 
    
    [[Page 51108]]
    suggest that the runoff from certain types of facilities in the sector 
    could be contaminated with pollutants which are not used at all 
    facilities. In response, EPA has modified the final fact sheet to 
    clarify that the list of materials is a cumulative list gathered from 
    all the types of facilities in the sector, and that individual 
    facilities may not use all materials which are listed.
        A commenter also disagreed with EPA's assessment in the draft fact 
    sheet for this sector that the monitoring results which were submitted 
    with the group applications may not be inclusive of all the pollutants 
    which could be present in the runoff. In response, EPA has deleted the 
    discussion in question from the final fact sheet.
    
    Transportation Equipment, and Industrial or Commercial Machinery
    
        One commenter was concerned with the grouping of facilities in 
    Sector AB. The commenter felt that it is inappropriate to regulate 
    commercial machine manufacturing facilities with other miscellaneous 
    machinery manufacturing facilities. In response, EPA has retained the 
    proposed grouping of the transportation equipment, industrial, or 
    commercial machinery manufacturing sector. Although the specific 
    processes that occur indoors and the final products produced will vary 
    at the different facilities, the group application data indicated that 
    the industrial activities and significant materials that may be exposed 
    to storm water are similar. In addition, today's final permit includes 
    flexible requirements for this sector which allow operators to 
    implement controls based upon site-specific activities and materials.
        The same commenter also expressed concern over the use of such 
    sector groupings in the future. In response, EPA is making use of these 
    industrial groupings only for the development of this storm water 
    general permit. Future uses of these industrial groupings will be 
    reevaluated by EPA based upon all available information at the time and 
    based upon the intended usage.
    
    Electronic and Electrical Equipment, Photographic and Optical Goods
    
        EPA received a total of 6 comments on the multi-sector permit from 
    facilities in sector AC, facilities which manufacture electronic and 
    electrical equipment and components, photographic and optical goods. 
    Comments addressed the proposed monitoring requirements and the 
    proposed requirements for the storm water pollution prevention plan. 
    The proposed permit only required visual examinations of storm water 
    samples for facilities in sector AC, rather than analytical testing 
    which was proposed for certain other sectors. Commenters supported 
    these proposed monitoring requirements and opposed the proposed 
    alternate monitoring requirements which would have required analytical 
    testing for certain parameters. Like the proposed permit, the final 
    permit does not require analytical testing of storm water samples for 
    facilities in sector AC. A more detailed discussion of EPA's responses 
    to the monitoring issues overall is found in the portion of the 
    response to comments which addresses monitoring. The proposed permit 
    required that facilities in sector AC develop and implement a storm 
    water pollution prevention plan and did not include any industry-
    specific numeric effluent limits. Commenters supported these provisions 
    and the final permit has not been changed in this regard.
    
    Authorization to Discharge Under the National Pollution Discharge 
    Elimination System
    
        In compliance with the provisions of the Clean Water Act, as 
    amended, (33 U.S.C. 1251 et seq., the ``Act'') except as provided in 
    Part I.B.3. of this storm water multi-sector general permit, operators 
    of point source discharges of storm water associated with industrial 
    activity that discharge into waters of the United States, represented 
    by the industry sectors identified in Part XI. of this permit, are 
    authorized to discharge in the areas of coverage listed below in 
    accordance with the conditions and requirements set forth herein.
        Operators of storm water discharges from the industrial activities 
    covered under this permit who intend to be authorized by this permit 
    must submit a Notice of Intent (NOI) in accordance with Part II.B. of 
    this permit. Operators of storm water discharges associated with 
    industrial activity who fail to submit an NOI in accordance with Part 
    II.B. of this permit are not authorized under this general multi-sector 
    permit.
        This permit shall become effective on October 1, 1995, and shall 
    expire at midnight on October 1, 2000.
    Region I
        Signed this 28th day of August, 1995.
    David Fierra,
    Water Management Division Director.
    
    ------------------------------------------------------------------------
                     Areas of coverage                        Permit No.    
    ------------------------------------------------------------------------
    Connecticut Federal Indian Reservations............  CTR05*##F          
    Maine..............................................  MER05*###          
      Federal Indian Reservations......................  MER05*##F          
     Massachusetts.....................................  MAR05*###          
      Federal Indian Reservations......................  MAR05*##F          
    New Hampshire......................................  NHR05*###          
      Federal Indian Reservations......................  NHR05*##F          
    Rhode Island Federal Indian Reservations...........  RIR05*##F          
    Vermont Federal Indian Reservations................  VTR05*##F          
    Vermont Federal Facilities.........................  VTR05*##F          
    ------------------------------------------------------------------------
    
    Region II
        Signed this 16th day of August, 1995.
    Richard L. Caspe,
    Water Management Division Director.
    
                                                                            
    ------------------------------------------------------------------------
                     Areas of coverage                        Permit No.    
    ------------------------------------------------------------------------
    Puerto Rico........................................  PRR05*###          
      Federal Facilities...............................  PRR05*##F          
    ------------------------------------------------------------------------
    
    Region III
        Signed this 11th day of September, 1995.
    Alvin R. Morris,
    Water Management Division Director.
    
    ------------------------------------------------------------------------
                     Areas of coverage                        Permit No.    
    ------------------------------------------------------------------------
    District of Columbia...............................  DCR05*###          
      Federal Facilities...............................  DCR05*##F          
    Delaware Federal Facilities........................  DER05*##F          
    ------------------------------------------------------------------------
    
    Region IV
        Signed this 11th day of September, 1995.
    Robert F. McGhee,
    Acting Water Management Division Director.
    
    ------------------------------------------------------------------------
                     Areas of coverage                        Permit No.    
    ------------------------------------------------------------------------
    Florida............................................  FLR05*###          
    ------------------------------------------------------------------------
    
    Region VI
        Signed this 11th day of September, 1995.
    William B. Hathaway,
    Water Management Division Director.
    
    ------------------------------------------------------------------------
                     Areas of coverage                        Permit No.    
    ------------------------------------------------------------------------
    Louisiana..........................................  LAR05*###          
      Federal Indian Reservations......................  LAR05*##F          
    New Mexico.........................................  NMR05*###          
      Federal Indian Reservations (except Navajo and     NMR05*##F          
       Ute Mountain Reservation lands).                                     
    Oklahoma...........................................  OKR05*###          
      Federal Indian Reservations......................  OKR05*##F          
    Texas..............................................  TXR05*###          
      Federal Indian Reservations......................  TXR05*##F          
    ------------------------------------------------------------------------
    
    
    [[Page 51109]]
    
    Region IX
        Signed this 24th day of August, 1995.
    Felicia Marcus,
    Water Management Division Director.
    
    ------------------------------------------------------------------------
                     Areas of coverage                        Permit No.    
    ------------------------------------------------------------------------
    Arizona............................................  AZR05*###          
      Federal Indian Reservations......................  AZR05*##F          
      Federal Facilities...............................  AZR05*##F          
    California:                                                             
      Federal Indian Reservations......................  CAR05*##F          
    Idaho:                                                                  
      Duck Valley Reservation..........................  NVR05*##F          
    Nevada Federal Indian Reservations.................  NVR05*##F          
    New Mexico:                                                             
      Navajo Reservation...............................  AZR05*##F          
    Oregon:                                                                 
      Fort McDermitt Reservation.......................  NVR05*##F          
    Utah:                                                                   
      Goshute Reservation..............................  NVR05*##F          
      Navajo Reservation...............................  AZR05*##F          
    Johnston Atoll.....................................  JAR05*###          
      Federal Facilities...............................  JAR05*##F          
    Midway Island and Wake Island......................  MWR05*###          
      Federal Facilities...............................  MWR05*##F          
    ------------------------------------------------------------------------
    
    Region X
        Signed this 12th day of September, 1995.
    David H. Teeter,
    Acting Water Management Division Director.
    
    ------------------------------------------------------------------------
                     Areas of coverage                        Permit No.    
    ------------------------------------------------------------------------
      Alaska Federal Indian Reservations...............  AKR05*##F          
    Idaho..............................................  IDR05*###          
      Federal Indian Reservations (except Duck Valley    IDR05*##F          
       Reservation lands).                                                  
      Federal Facilities...............................  IDR05*##F          
    Oregon Federal Indian Reservations (except for Fort  ORR05*##F          
     McDermitt Reservation lands).                                          
    Washington Federal Indian Reservations.............  WAR05*##F          
    Washington Federal Facilities......................  WAR05*##F          
    ------------------------------------------------------------------------
    
    NPDES General Permit for Storm Water Discharges From Industrial 
    Activities Table of Contents
    
    I. Coverage Under This Permit
        A. Permit Area
        B. Eligibility
        1. Discharges Covered
        2. Construction
        3. Limitations on Coverage
        4. Storm Water Not Associated With Industrial Activity
        5. Endangered Species Protection
        6. National Historic Preservation Act
        7. Discharges Subject to New Source Performance Standards
        C. Authorization
        D. Overview of the Multisector General Permit
    II. Notification Requirements
        A. Deadlines for Notification
        1. Existing Facility
        2. New Facility
        3. Oil and Gas Operations
        4. New Operator
        5. Late Notification
        6. Part II.A.6 Facilities Previously Subject to the Baseline 
    General Permit
        B. Contents of Notice of Intent
        1. Permit
        2. Name
        3. Location
        4. Federal Indian Reservations
        5. Receiving Water
        6. Co-permittee
        7. Monitoring
        8. SIC Code
        9. Other Permits
        10. Presence of Endangered Species
        11. National Historic Preservation Act Compliance
        12. Eligibility Certification
        13. Pollution Prevention Plan Certification
        C. Where to Submit
        D. Additional Notification
    III. Special Conditions
        A. Prohibition of Non-storm Water Discharges
        1. Storm Water Discharges
        2. Non-storm Water Discharges
        B. Releases in Excess of Reportable Quantities
        1. Hazardous Substances or Oil
        2. Multiple Anticipated Discharges
        3. Spills
        C. Co-located Industrial Activity
    IV. Storm Water Pollution Prevention Plans
        A. Deadlines for Plan Preparation and Compliance
        1. Existing Facilities
        2. New Facilities
        3. Oil and Gas Facilities
        4. Facilities Switching From the Baseline General Permit to This 
    Permit
        5. Facilities Electing Multi-Sector General Permit upon 
    Expiration of the Baseline General Permit
        6. Measures That Require Construction
        7. Extensions
        B. Signature and Plan Review
        1. Signature/Location
        2. Availability
        3. Required Modifications
        C. Keeping Plans Current
        D. Contents of the Plan
        E. Special Pollution Prevention Plan Requirements
        1. Additional Requirements for Storm Water Discharges Associated 
    With Industrial Activity that Discharge Into or Through Municipal 
    Separate Storm Sewer Systems Serving a Population of 100,000 or More
        2. Additional Requirements for Storm Water Discharges Associated 
    With Industrial Activity From Facilities Subject to EPCRA Section 
    313 Requirements
        3. Additional Requirements for Salt Storage
        4. Consistency With Other Plans
    V. Numeric Effluent Limitations
        A. Discharges Associated With Specific Industrial Activity
        B. Coal Pile Runoff
    VI. Monitoring and Reporting Requirements
        A. Monitoring Requirements
        1. Limitations on Monitoring Requirements
        B. Reporting: Where to Submit
        1. Location
        2. Additional Notification
        C. Special Monitoring Requirements for Coal Pile Runoff
        1. Sample Type.
        2. Sampling Waiver
        3. Representative Discharge
        4. Alternative Certification
         5. When to Submit
    VII. Standard Permit Conditions
        A. Duty to Comply
        1. Permittee's Duty to Comply
        2. Penalties for Violations of Permit Conditions
        B. Continuation of the Expired General Permit
        C. Need to Halt or Reduce Activity Not a Defense
        D. Duty to Mitigate
        E. Duty to Provide Information
        F. Other Information
        G. Signatory Requirements
        1. Signature
        2. Authorized Representative
        H. Penalties for Falsification of Reports
        I. Penalties for Falsification of Monitoring Systems
        J. Oil and Hazardous Substance Liability
        K. Property Rights
        L. Severability
        M. Requiring an Individual Permit or an Alternative General 
    Permit
        1. Director Designation
        2. Individual Permit Application
        3. Individual/Alternative General Permit Issuance
        N. State/Environmental Laws
        O. Proper Operation and Maintenance
        P. Monitoring and Records
        1. Representative Samples/Measurements
        2. Retention of Records
        3. Records Contents
        4. Approved Monitoring Methods
        Q. Inspection and Entry
        R. Permit Actions
        S. Bypass of Treatment Facility
        1. Notice
        2. Prohibition of Bypass
        T. Upset Conditions
        1. Affirmative Defense
        2. Required Defense
        3. Burden of Proof
    VIII. Reopener Clause
        A. Potential or Realized Impacts on Water Quality
        B. Applicable Regulations
    IX. Termination of Coverage
        A. Notice of Termination
        1. Facility Information
        2. Operator Information
        3. Permit Number
        4. Reason for Termination
        5. Certification
        B. Addresses
    X. Definitions
    XI. Specific Requirements for Industrial Activities
        A. Storm Water Discharges Associated With Industrial Activity 
    From Timber Products Facilities
        1. Discharges Covered Under This Section
    
    [[Page 51110]]
    
        2. Special Conditions
        3. Storm Water Pollution Prevention Plan Requirements
        4. Numeric Effluent Limitations
        5. Monitoring and Reporting Requirements
        B. Storm Water Discharges Associated With Industrial Activity 
    From Paper And Allied Products Manufacturing Facilities
        1. Discharges Covered Under This Section
        2. Special Conditions
        3. Storm Water Pollution Prevention Plan Requirements
        4. Numeric Effluent Limitations
        5. Monitoring and Reporting Requirements
        C. Storm Water Discharges Associated With Industrial Activity 
    From Chemical and Allied Products Manufacturing Facilities
        1. Discharges Covered Under This Section
        2. Discharges Not Covered By This Section
        3. Special Conditions
        4. Storm Water Pollution Prevention Plan Requirements
        5. Numeric Effluent Limitations
        6. Monitoring and Reporting Requirements
        D. Storm Water Discharges Associated With Industrial Activity 
    From Asphalt Paving and Roofing Materials and Lubricant 
    Manufacturers
        1. Discharges Covered Under This Section
        2. Special Conditions
        3. Storm Water Pollution Prevention Plan Requirements
        4. Numeric Effluent Limitations
        5. Monitoring and Reporting Requirements
        E. Storm Water Discharges Associated With Industrial Activity 
    From Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing 
    Facilities
        1. Discharges Covered Under This Section
        2. Special Conditions
        3. Storm Water Pollution Prevention Plan Requirements
        4. Numeric Effluent Limitations
        5. Monitoring and Reporting Requirements
        F. Storm Water Discharges Associated With Industrial Activity 
    From Primary Metals Facilities
        1. Discharges Covered Under This Section
        2. Special Conditions
        3. Storm Water Pollution Prevention Plan Requirements
        4. Numeric Effluent Limitations
        5. Monitoring and Reporting Requirements
        G. Storm Water Discharges Associated With Industrial Activity 
    From Metal Mining (Ore Mining and Dressing) Facilities
        1. Discharges Covered Under This Section
        2. Special Definitions
        3. Storm Water Pollution Prevention Plan Requirements
        4. Numeric Effluent Limitations
        5. Monitoring and Reporting Requirements
        H. Storm Water Discharges Associated With Industrial Activity 
    From Coal Mines and Coal Mining-Related Facilities
        1. Discharges Covered Under This Section
        2. Special Conditions
        3. Storm Water Pollution Prevention Plan Requirements
        4. Numeric Effluent Limitations
        5. Monitoring and Reporting Requirements
        I. Storm Water Discharges Associated With Industrial Activity 
    From Oil and Gas Extraction Facilities
        1. Discharges Covered Under This Section
        2. Special Conditions
        3. Storm Water Pollution Prevention Plan Requirements
        4. Numeric Effluent Limitations
        5. Monitoring and Reporting Requirements
        J. Storm Water Discharges Associated With Industrial Activity 
    From Mineral Mining and Processing Facilities
        1. Discharges Covered Under This Section
        2. Special Conditions
        3. Storm Water Pollution Prevention Plan Requirements
        4. Numeric Effluent Limitations
        5. Monitoring and Reporting Requirements
        K. Storm Water Discharges Associated With Industrial Activity 
    From Hazardous Waste Treatment, Storage, or Disposal Facilities
        1. Discharges Covered Under This Section
        2. Special Conditions
        3. Storm Water Pollution Prevention Plan Requirements
        4. Numeric Effluent Limitations
        5. Monitoring and Reporting Requirements
        L. Storm Water Discharges Associated With Industrial Activity 
    From Landfills and Land Application Sites
        1. Discharges Covered Under This Section
        2. Special Conditions
        3. Storm Water Pollution Prevention Plan Requirements
        4. Numeric Effluent Limitations
        5. Monitoring and Reporting Requirements
        6. Definition
        M. Storm Water Discharges Associated With Industrial Activity 
    From Automobile Salvage Yards
        1. Discharges Covered Under This Section
        2. Storm Water Pollution Prevention Plan Requirements
        3. Numeric Effluent Limitations
        4. Monitoring and Reporting Requirements
        5. Retention of Records
        N. Storm Water Discharges Associated With Industrial Activity 
    From Scrap Recycling and Waste Recycling Facilities
        1. Discharges Covered Under This Section
        2. Special Conditions
        3. Storm Water Pollution Prevention Plan Requirements
        4. Numeric Effluent Limitations
        5. Monitoring and Reporting Requirements
        O. Storm Water Discharges Associated With Industrial Activity 
    From Steam Electric Power Generating Facilities, Including Coal 
    Handling Areas
        1. Discharges Covered Under This Section
        2. Special Conditions
        3. Storm Water Pollution Prevention Plan Requirements
        4. Numeric Effluent Limitations
        5. Monitoring and Reporting Requirements
        P. Storm Water Discharges Associated With Industrial Activity 
    From Motor Freight Transportation Facilities, Passenger 
    Transportation Facilities, Petroleum Bulk Oil Stations and 
    Terminals, Rail Transportation Facilities, and United States Postal 
    Service Transportation Facilities
        1. Discharges Covered Under This Section
        2. Storm Water Pollution Prevention Plan Requirements
        3. Numeric Effluent Limitations
        4. Monitoring and Reporting Requirements
        Q. Storm Water Discharges Associated With Industrial Activity 
    From Water Transportation Facilities That Have Vehicle Maintenance 
    Shops and/or Equipment Cleaning Operations
        1. Discharges Covered Under This Section
        2. Special Conditions
        3. Storm Water Pollution Prevention Plan Requirements
        4. Numeric Effluent Limitations
        5. Monitoring and Reporting Requirements
        R. Storm Water Discharges Associated With Industrial Activity 
    From Ship and Boat Building or Repairing Yards
        1. Discharges Covered Under This Section
        2. Special Conditions
        3. Storm Water Pollution Prevention Plan Requirements
        4. Numeric Effluent Limitations
        5. Monitoring and Reporting Requirements
        S. Storm Water Discharges Associated With Industrial Activity 
    From Vehicle Maintenance Areas, Equipment Cleaning Areas, or Deicing 
    Areas Located at Air Transportation Facilities
        1. Discharges Covered Under This Section
        2. Special Conditions
        3. Storm Water Pollution Prevention Plan Requirements
        4. Numeric Effluent Limitations
        5. Monitoring and Reporting Requirements
        T. Storm Water Discharges Associated With Industrial Activity 
    From Treatment Works
        1. Discharges Covered Under This Section
        2. Special Conditions
        3. Storm Water Pollution Prevention Plan Requirements
        4. Numeric Effluent Limitations
        5. Monitoring and Reporting Requirements
        U. Storm Water Discharges Associated With Industrial Activity 
    From Food and Kindred Products Facilities
        1. Discharges Covered Under This Section
        2. Special Conditions
        3. Storm Water Pollution Prevention Plan Requirements
        4. Numeric Effluent Limitations
        5. Monitoring and Reporting Requirements
        V. Storm Water Discharges Associated With Industrial Activity 
    From Textile Mills, Apparel, and Other Fabric Product Manufacturing 
    Facilities
        1. Discharges Covered Under This Section
        2. Special Conditions
        3. Storm Water Pollution Prevention Plan Requirements
        4. Numeric Effluent Limitations.
        5. Monitoring and Reporting Requirements
        W. Storm Water Discharges Associated With Industrial Activity 
    From Wood and Metal Furniture and Fixture Manufacturing Facilities
        1. Discharges Covered Under This Section
        2. Special Conditions
        3. Storm Water Pollution Prevention Plan Requirements
        4. Numeric Effluent Limitations
        5. Monitoring and Reporting Requirements
        X. Storm Water Discharges Associated With Industrial Activity 
    From Printing and Publishing Facilities
        1. Discharges Covered Under This Section
        2. Special Conditions
        3. Storm Water Pollution Prevention Plan Requirements
    
    [[Page 51111]]
    
        4. Numeric Effluent Limitations
        5. Monitoring and Reporting Requirements
        Y. Storm Water Discharges Associated With Industrial Activity 
    From Rubber, Miscellaneous Plastic Products, and Miscellaneous 
    Manufacturing Industries
        1. Discharges Covered Under This Section
        2. Special Conditions
        3. Storm Water Pollution Prevention Plan Requirements
        4. Numeric Effluent Limitations
        5. Monitoring and Reporting Requirements
        Z. Storm Water Discharges Associated With Industrial Activity 
    From Leather Tanning and Finishing Facilities
        1. Discharges Covered Under This Section
        2. Special Conditions
        3. Storm Water Pollution Prevention Plan Requirements
        4. Numeric Effluent Limitations
        5. Monitoring and Reporting Requirements
        AA. Storm Water Discharges Associated With Industrial Activity 
    From Fabricated Metal Products Industry
        1. Discharges Covered Under This Section
        2. Special Conditions
        3. Storm Water Pollution Prevention Plan Requirements
        4. Numeric Effluent Limitations
        5. Monitoring and Reporting Requirements
        AB. Storm Water Discharges Associated With Industrial Activity 
    From Facilities That Manufacture Transportation Equipment, 
    Industrial, or Commercial Machinery
        1. Discharges Covered Under This Section
        2. Prohibition of Non-storm Water Discharges
        3. Storm Water Pollution Prevention Plan Requirements
        4. Numeric Effluent Limitations
        5. Monitoring and Reporting Requirements
        AC. Storm Water Discharges Associated With Industrial Activity 
    From Facilities That Manufacture Electronic and Electrical Equipment 
    and Components, Photographic and Optical Goods
        1. Discharges Covered Under This Section
        2. Special Conditions
        3. Storm Water Pollution Prevention Plan Requirements
        4. Numeric Effluent Limitations
        5. Monitoring and Reporting Requirements
    XII. Coverage Under This Permit
        Region III
        A. Federal Facilities in the District of Columbia (DCR05*##F)
        B. District of Columbia (DCR05*###)
    Region VI
        C. Louisiana (LAR05*###)
        D. New Mexico (NMR05*###)
        E. Oklahoma (OKR05*###)
        F. Texas (TXR05*###)
    Region IX
        G. Arizona (AZR05*###) and Federal Facilities in Arizona 
    (AZR05*##F)
    Region X
        H. Washington (WAR05*###)
    
    Addenda
    
    Addendum A--Pollutants Identified in Tables II and III of Appendix D 
    of 40 CFR Part 122
    Addendum B--Notice of Intent Form Here
    Addendum C--Notice of Termination (NOT) Form
    Addendum D--Partial List of Large, Medium, and Designated 
    Municipalities
    Addendum E--Basic Format for Environmental Assessment
    Addendum F--Section 313 Water Priority Chemicals
    Addendum G--List of Applicable References
    Addendum H--Endangered Species Guidance
    
    I. Coverage Under This Permit
    
    A. Permit Area
    
        The permit is being issued in the following areas:
        Region I--the States of Maine, Massachusetts, and New Hampshire; 
    Federal Indian Reservations located in Connecticut, Massachusetts, New 
    Hampshire, Maine, Rhode Island, and Vermont; and Federal facilities 
    located in Vermont.
        Region II--the Commonwealth of Puerto Rico; and Federal facilities 
    located in Puerto Rico.
        Region III--the District of Columbia and Federal facilities located 
    in Delaware and the District of Columbia.
        Region IV--the State of Florida.
        Region V--no areas.
        Region VI--the States of Louisiana, New Mexico, Oklahoma, and Texas 
    and Federal Indian Reservations located in Louisiana, New Mexico 
    (except Navajo Reservation lands, which are handled by Region IX, and 
    Ute Mountain Reservation lands, which are handled by Region VIII and 
    are not being covered by this permit), Oklahoma, and Texas.
        Region VII--no areas.
        Region VIII--no areas.
        Region IX--the State of Arizona; the Territories of Johnston Atoll, 
    and Midway and Wake Island; all Federal Indian Reservations located in 
    Arizona, California, and Nevada; those portions of the Duck Valley, 
    Fort McDermitt, and Goshute Reservations located outside Nevada, those 
    portions of the Navajo Reservation located outside Arizona; and Federal 
    facilities located in Arizona, Johnston Atoll, and Midway and Wake 
    Islands.
        Region X--the State of Idaho; Federal Indian Reservations located 
    in Alaska, Oregon (except for Fort McDermitt Reservation lands which 
    are handled by Region IX), Idaho (except Duck Valley Reservation lands 
    which are handled by Region IX), and Washington; and for Federal 
    facilities located in Alaska, Idaho and Washington.
    
    B. Eligibility
    
        1. Discharges Covered. Except for storm water discharges identified 
    under paragraph I.B.3., this permit may cover all new and existing 
    point source discharges of storm water to waters of the United States 
    that are associated with industrial activity identified under the 
    coverage sections contained in Part XI. (see Table 1). Military 
    installations must comply with the permit and monitoring requirements 
    for all sectors that describe industrial activities that such 
    installations perform.
    
                                     Table 1                                
    ------------------------------------------------------------------------
                                                             Are covered if 
                  Storm water discharges from                listed in part 
    ------------------------------------------------------------------------
    Timber Products Facilities............................  XI.A.1.         
    Paper and Allied Products Manufacturing Facilities....  XI.B.1.         
    Chemical and Allied Products Manufacturing Facilities.  XI.C.1.         
    Asphalt Paving, Roofing Materials, and Lubricant        XI.D.1.         
     Manufacturing Facilities.                                              
    Glass, Clay, Cement, Concrete, and Gypsum Product       XI.E.1.         
     Manufacturing Facilities.                                              
    Primary Metals Facilities.............................  XI.F.1.         
    Metal Mines (Ore Mining and Dressing).................  XI.G.1.         
    Coal Mines and Coal Mine-Related Facilities...........  XI.H.1.         
    Oil or Gas Extraction Facilities......................  XI.I.1.         
    Mineral Mining and Processing Facilities..............  XI.J.1.         
    Hazardous Waste Treatment Storage or Disposal           XI.K.1.         
     Facilities.                                                            
    Landfills and Land Application Sites..................  XI.L.1.         
    Automobile Salvage Yards..............................  XI.M.1.         
    Scrap Recycling and Waste and Recycling Facilities....  XI.N.1.         
    Steam Electric Power Generating Facilities............  XI.O.1.         
    
    [[Page 51112]]
                                                                            
    Vehicle Maintenance or Equipment Cleaning areas at      XI.P.1.         
     Motor Freight Transportation Facilities, Passenger                     
     Transportation Facilities, Petroleum Bulk Oil                          
     Stations and Terminals, the United States Postal                       
     Service, or Railroad Transportation Facilities.                        
    Vehicle Maintenance Areas and Equipment Cleaning Areas  XI.Q.1.         
     of Water Transportation Facilities.                                    
    Ship or Boat Building and Repair Yards................  XI.R.1.         
    Vehicle Maintenance Areas, Equipment Cleaning Areas or  XI.S.1.         
     From Airport Deicing Operations located at Air                         
     Transportation Facilities.                                             
    Wastewater Treatment Works............................  XI.T.1.         
    Food and Kindred Products Facilities..................  XI.U.1.         
    Textile Mills, Apparel and other Fabric Product         XI.V.1.         
     Manufacturing Facilities.                                              
    Furniture and Fixture Manufacturing Facilities........  XI.W.1.         
    Printing and Publishing Facilities....................  XI.X.1.         
    Rubber and Miscellaneous Plastic Product Manufacturing  XI.Y.1.         
     Facilities.                                                            
    Leather Tanning and Finishing Facilities..............  XI.Z.1.         
    Facilities That Manufacture Metal Products including    XI.AA.1.        
     Jewelry, Silverware and Plated Ware.                                   
    Facilities That Manufacture Transportation Equipment,   XI.AB.1.        
     Industrial or Commercial Machinery.                                    
    Facilities That Manufacture Electronic and Electrical   XI.AC.1.        
     Equipment and Components, Photographic and Optical                     
     Goods.                                                                 
    ------------------------------------------------------------------------
    
    
    
        2. Construction. This permit may authorize storm water discharges 
    associated with industrial activity that are mixed with storm water 
    discharges associated with industrial activity from construction 
    activities provided that the storm water discharge from the 
    construction activity is authorized by and in compliance with the terms 
    of a different NPDES general permit or individual permit authorizing 
    such discharges.
        3. Limitations on Coverage. The following storm water discharges 
    associated with industrial activity are not authorized by this permit:
        a. Storm water discharges associated with industrial activities 
    that are not listed under the coverage sections contained in Part XI. 
    (see Table 1).
        b. Storm water discharges subject to New Source Performance 
    Standards except as provided in Part I.B.7. below.
        c. Storm water discharges associated with industrial activity that 
    are mixed with sources of non-storm water other than non-storm water 
    discharges that are:
        (1) In compliance with a different NPDES permit; or
        (2) Identified by and in compliance with Part III.A. (Prohibition 
    of Non-storm Water Discharges) of this permit.
        d. Storm water discharges associated with industrial activity that 
    are subject to an existing NPDES individual or general permit (except 
    storm water discharges subject to the NPDES General Permit for Storm 
    Water Discharges Associated With Industrial Activity published 
    September 9, 1992 [57 FR 41297], or September 25, 1992 [57 FR 44438]).
        e. Are located at a facility where an NPDES permit has been 
    terminated (other than at the request of the permittee) or denied, or 
    that are issued a permit in accordance with Part VII.M (Requirements 
    for Individual or Alternative General Permits) of this permit;
        f. Storm water discharges associated with industrial activity that 
    the Director [U.S. Environmental Protection Agency (EPA)] has 
    determined to be or may reasonably be expected to be contributing to a 
    violation of a water quality standard.
        g. Discharges subject to storm water effluent guidelines, not 
    described under Part XI.
        h. Storm water discharges associated with industrial activity from 
    inactive mining, inactive landfills, or inactive oil and gas operations 
    occurring on Federal lands where an operator cannot be identified.
        4. Storm Water Not Associated With Industrial Activity. Storm water 
    discharges associated with industrial activity that are authorized by 
    this permit may be combined with other sources of storm water that are 
    not classified as associated with industrial activity pursuant to 40 
    CFR 122.26(b)(14).
        5. Endangered Species Protection.
        a. Permit Coverage Restrictions: In order to be eligible for 
    coverage under this permit, the applicant must comply with the 
    Endangered Species Act. A discharge of storm water associated with 
    industrial activity may be covered under this permit only if either:
        (1) 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 this permit; or
        (2) The applicant's activity has received previous authorization 
    under the Endangered Species Act and established an environmental 
    baseline that is unchanged; or,
        (3) The applicant is implementing appropriate measures as required 
    by the Director to address adverse affects.
        b. All dischargers applying for coverage under this multi-sector 
    storm water general permit must certify that their 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 this permit.
        6. National Historic Preservation Act. In order to be eligible for 
    coverage under this permit, the applicant must be in compliance with 
    the National Historic Preservation Act. A discharge of storm water 
    associated with industrial activity may be covered under this permit 
    only if:
        (i) The discharge does not affect a property that is listed or is 
    eligible for listing in the National Historic Register maintained by 
    the Secretary of Interior; or,
        (ii) 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 undertaken by the 
    applicant to mitigate or prevent adverse effects to the historic 
    property.
        7. Discharges Subject to New Source Performance Standards. 
    Operators of facilities with storm water discharges subject to New 
    Source Performance Standards 1 shall have documentation of 
    
    [[Page 51113]]
    a final EPA decision indicating that the Agency has determined that the 
    storm water discharge has no direct or indirect impact. This 
    documentation shall be obtained and retained on site prior to the 
    submittal of the Notice of Intent. Operators of these facilities shall 
    not be authorized under the terms and conditions of this permit until 
    the submittal of a Notice of Intent to gain coverage under this permit. 
    Where documentation of the Agency's decision has not been obtained for 
    a facility subject to New Source Performance Standards, the operator 
    must obtain such documentation prior to submitting a NOI. The permittee 
    may use the format in Addendum E to submit information to EPA to 
    initiate the process of the environmental review. The information shall 
    be sent to the appropriate address listed in Part VI.B. of this permit. 
    In order to maintain eligibility, the permittee must implement any 
    mitigation required of the facility as a result of the National 
    Environmental Policy Act (NEPA) review process. Failure to implement 
    mitigation measures upon which the Agency's NEPA finding is based is 
    grounds for termination of permit coverage.
    
        \1\ Storm water discharges subject to New Source Performance 
    Standards (NSPS) and that may be covered under this permit include: 
    runoff from material storage piles at cement manufacturing 
    facilities [40 CFR Part 411 Subpart C (established February 23, 
    1977)]; contaminated runoff from phosphate fertilizer manufacturing 
    facilities [40 CFR Part 418 Subpart A (established April 8, 1974)]; 
    coal pile runoff at steam electric generating facilities [40 CFR 
    Part 423 (established November 19, 1982)]; and runoff from asphalt 
    emulsion facilities [40 CFR Part 443 Subpart A (established July 24, 
    1975)]. NSPS apply only to discharges from those facilities or 
    installations that were constructed after the promulgation of NSPS. 
    For example, storm water discharges from areas where the production 
    of asphalt paving and roofing emulsions occurs are subject to NSPS 
    only if the asphalt emulsion facility was constructed after July 24, 
    1975.
    ---------------------------------------------------------------------------
    
    C. Authorization
    
        Dischargers of storm water associated with industrial activity must 
    submit a complete NOI in accordance with the requirements of Part II of 
    this permit, using an NOI form as found in Addendum B (or photocopy 
    thereof), to be authorized to discharge under this general permit. 
    Unless notified by the Director to the contrary, owners or operators 
    who submit such notification are authorized to discharge storm water 
    associated with industrial activity under the terms and conditions of 
    this permit 2 days after the date that the NOI is postmarked. The 
    Director may deny coverage under this permit and require submittal of 
    an application for an individual NPDES permit based on a review of the 
    NOI or other information.
    
    D. Overview of the Multisector General Permit
    
        Parts I.-X. apply to all facilities. Parts I. and II. describe 
    eligibility requirements and the process for obtaining permit coverage. 
    Parts III.-X. contain ``basic'' permit requirements.
        Part XI. provides additional requirements for particular sectors of 
    industrial activity. For example, primary metal facilities add Part 
    XI.F., to the ``universal'' Parts I.-X. requirements.
        Some facilities may have ``co-located'' activities that are 
    described in more than one sector and need to comply with applicable 
    conditions of each sector. For example, a chemical manufacturing 
    facility could have a land application site and be subject to Part 
    XI.C.--Chemical and Allied products Manufacturing sector (primary 
    activity), with runoff from the land application site (co-located 
    activity) also subject to conditions in the Part XI.L.--Landfills and 
    Land Application Sites sector.
        Part XII of the permit contains conditions (e.g., effluent 
    limitations or special reporting requirements) that only apply to 
    facilities located in a particular State, EPA Region, or other area. 
    Those special conditions are in addition to, or in lieu of, the 
    ``generic'' Parts I.-XI. permit requirements.
        Part XII of the permit also contains differences in permit 
    eligibility and availability. For example, only the permits for 
    Louisiana, New Mexico, Oklahoma, and Texas allow coverage of certain 
    mine dewatering discharges from construction sand and gravel, 
    industrial sand, and crushed stone mines (subject to additional permit 
    conditions) under Sector J.--Mineral Mining and Processing.
        Addendum D. lists large and medium municipal separate storm sewer 
    systems (MS4s). Facilities located in these jurisdictions have special 
    responsibilities (described in the permit) with regard to compliance 
    with local requirements and providing information to the operator of 
    the MS4).
    
    II. Notification Requirements
    
    A. Deadlines for Notification
    
        1. Existing Facility. Except as provided in paragraphs II.A.4. (New 
    Operator), and II.A.5. (Late Notification), individuals who intend to 
    obtain coverage for an existing storm water discharge associated with 
    industrial activity under this general permit shall submit an NOI in 
    accordance with the requirements of this part on or before [insert date 
    90 days after permit finalization];
        2. New Facility. Except as provided in paragraphs II.A.3. (Oil and 
    Gas Operations), II.A.4. (New Operator), and II.A.5. (Late 
    Notification), operators of facilities that begin industrial activity 
    after [insert date 90 days after permit finalization] shall submit an 
    NOI in accordance with the requirements of this part at least 2 days 
    prior to the commencement of the industrial activity at the facility;
        3. Oil and Gas Operations. Operators of oil and gas exploration, 
    production, processing, or treatment operations or transmission 
    facilities, that are not required to submit a permit application as of 
    [insert date 90 days after permit finalization] in accordance with 40 
    CFR 122.26(c)(1)(iii), but that after [insert date 90 days after permit 
    finalization] have a discharge of a reportable quantity of oil or a 
    hazardous substance for which notification is required pursuant to 
    either 40 CFR 110.6, 40 CFR 117.21, or 40 CFR 302.6, must submit an NOI 
    in accordance with the requirements of Part II.C. of this permit within 
    14 calendar days of the first knowledge of such release.
        4. New Operator. Where the operator of a facility with a storm 
    water discharge associated with industrial activity that is covered by 
    this permit changes, the new operator of the facility must submit an 
    NOI in accordance with the requirements of this part at least 2 days 
    prior to the change.
        5. Late Notification. An operator of a storm water discharge 
    associated with industrial activity is not precluded from submitting an 
    NOI in accordance with the requirements of this part after the dates 
    provided in Parts II.A.1., 2., 3., or 4. (above) of this permit.
        6. Part II.A.6 Facilities Previously Subject to the Baseline 
    General Permit. Eligible facilities previously covered by EPA's 1992 
    Baseline General Permits for Storm Water Discharges Associated with 
    Industrial Activity (57 FR 41297 or 57 FR 44438) may elect to be 
    covered by this permit by submitting an NOI in accordance with the 
    requirements of this Part within [insert date 90 days after permit 
    finalization]. To avoid a lapse in permit coverage should reissuance or 
    termination of the 1992 Baseline General Permits eliminate coverage for 
    certain industries under those permits, NOIs from eligible facilities 
    may also be submitted during the period 90 days prior to the expiration 
    date of the applicable Baseline General Permit.
    
    B. Contents of Notice of Intent
    
        The NOI shall be signed in accordance with Part VII.G. (Signatory 
    Requirements) of this permit and shall include the following 
    information:
        1. Permit. An indication of which NPDES storm water general permit 
    is being applied for (either baseline general, baseline construction, 
    or multi-sector);
        2. Name. The operator's name, address, telephone number, and status 
    
    
    [[Page 51114]]
    as Federal, State, private, public, or other entity;
        3. Location. The street address of the facility for which the 
    notification is submitted. Also describe the location of the 
    approximate center of the facility in terms of the latitude and 
    longitude to the nearest 15 seconds, or the quarter section, township 
    and range (to the nearest quarter section);
        4. Federal Indian Reservations. An indication of whether the 
    facility is located on Federal Indian Reservations;
        Receiving Water. The name of the receiving water(s), or if the 
    discharge is through a municipal separate storm sewer, the name of the 
    municipal operator of the storm sewer and the ultimate receiving 
    water(s) for the discharge through the municipal separate storm sewer;
        6. Co-permittee. The storm water general permit number if such a 
    number has been issued to a co-permittee;
        7. Monitoring. The monitoring status of the facility;
        8. SIC Code. Up to four 4-digit Standard Industrial Classification 
    (SIC) codes that best represent the principal products produced or 
    services rendered, or for hazardous waste treatment, storage or 
    disposal facilities, land/disposal facilities that receive or have 
    received any industrial waste, steam electric power generating 
    facilities, or treatment works treating domestic sewage, a narrative 
    identification of those activities;
        9. Other Permits. The permit number(s) of additional NPDES 
    permit(s) for any discharge(s) (including non-storm water discharges) 
    from the site that are currently authorized by an NPDES permit;
        10. Presence of Endangered Species. Based on the instructions in 
    Addendum H, no species identified in Addendum H are in proximity to the 
    storm water discharges to be covered under this permit, or the areas of 
    BMP construction to control those storm water discharges.
        11. National Historic Preservation Act Compliance. A yes or no 
    response to the following statement: Applicant has obtained and is in 
    compliance with Historic Preservation Agreement.
        12. Eligibility Certification. The following certifications shall 
    be signed in accordance with Part VII.G.
    
        I certify under penalty of law that I have read and understand 
    the Part I.B. eligibility requirements for coverage under the multi-
    sector storm water general permit including those requirements 
    relating to the protection of species identified in Addendum H.
        To the best of my knowledge the discharges covered under this 
    permit, and the construction of BMPs to control storm water runoff, 
    are not likely and will not likely, adversely affect any species 
    identified in Addendum H of this permit, or are otherwise eligible 
    for coverage due to previous authorization under the Endangered 
    Species Act.
        To the best of my knowledge, I further certify that such 
    discharges, and construction of BMPs to control storm water runoff, 
    do not have an effect on properties listed or eligible for listing 
    on the National Register of Historic Places under the National 
    Historic Preservation Act, or are otherwise eligible for coverage 
    due to a previous agreement under the National Historic Preservation 
    Act.
        I understand that continued coverage under the multi-sector 
    storm water general permit is contingent upon maintaining 
    eligibility as provided for in Part I.B.
    
        13. Pollution Prevention Plan Certification. For any facility that 
    begins to discharge storm water associated with industrial activity 
    after [insert date 270 days after permit finalization], a certification 
    that a storm water pollution prevention plan has been prepared for the 
    facility in accordance with Part IV. of this permit must be included on 
    the NOI. (Do not include a copy of the plan with the NOI submission.)
    
    C. Where To Submit
    
        Facilities that discharge storm water associated with industrial 
    activity must use an NOI form provided by the Director (or photocopy 
    thereof). NOIs must be signed in accordance with Part VII.G. (Signatory 
    Requirements) of this permit. NOIs are to be submitted to the Director 
    of the NPDES program at the following address: Storm Water Notice of 
    Intent (4203), 401 M Street, S.W., Washington, D.C. 20460.
    
    D. Additional Notification
    
        Facilities that discharge storm water associated with industrial 
    activity through large or medium municipal separate storm sewer systems 
    (systems located in an incorporated city with a population of 100,000 
    or more, or in a county identified as having a large or medium system 
    (see definition in Part X. of this permit and Addendum D of this 
    notice)), or into a municipal separate storm sewer that has been 
    designated by the permitting authority shall, in addition to filing 
    copies of the NOI in accordance with paragraph II.C., submit signed 
    copies of the NOI to the operator of the municipal separate storm sewer 
    through which they discharge in accordance with the deadlines in Part 
    II.A. (Deadlines for Notification) of this permit.
    
    III. Special Conditions
    
    A. Prohibition of Non-storm Water Discharges
    
        1. Storm Water Discharges. Except as provided in paragraph III.A.2 
    (below), all discharges covered by this permit shall be composed 
    entirely of storm water.
        2. Non-storm Water Discharges. a. Except as provided in paragraph 
    III.A.2.b (below), discharges of material other than storm water must 
    be in compliance with an NPDES permit (other than this permit) issued 
    for the discharge.
        b. The following non-storm water discharges may be authorized by 
    this permit provided the non-storm water component of the discharge is 
    in compliance with Part IV and Part XI: discharges from fire fighting 
    activities; fire hydrant flushings; potable water sources including 
    waterline flushings; drinking fountain water, uncontaminated compressor 
    condensate, irrigation drainage; lawn watering; routine external 
    building washdown that does not use detergents or other compounds; 
    pavement washwaters where spills or leaks of toxic or hazardous 
    materials have not occurred (unless all spilled material has been 
    removed) and where detergents are not used; air conditioning 
    condensate; compressor condensate; uncontaminated springs; 
    uncontaminated ground water; and foundation or footing drains where 
    flows are not contaminated with process materials such as solvents.
    
    B. Releases in Excess of Reportable Quantities
    
        1. Hazardous Substances or Oil. The discharge of hazardous 
    substances or oil in the storm water discharge(s) from a facility shall 
    be prevented or minimized in accordance with the applicable storm water 
    pollution prevention plan for the facility. This permit does not 
    relieve the permittee of the reporting requirements of 40 CFR Part 117 
    and 40 CFR Part 302. Except as provided in paragraph III.B.2 (Multiple 
    Anticipated Discharges) of this permit, where a release containing a 
    hazardous substance in an amount equal to or in excess of a reporting 
    quantity established under either 40 CFR Part 117 or 40 CFR Part 302, 
    occurs during a 24-hour period:
        a. The discharger is required to notify the National Response 
    Center (NRC) (800-424-8802; in the Washington, DC metropolitan area 
    202-426-2675) in accordance with the requirements of 40 CFR Part 117 
    and 40 CFR Part 302 as soon as he or she has knowledge of the 
    discharge;
        b. The storm water pollution prevention plan required under Part 
    IV. (Storm Water Pollution Prevention Plans) of this permit must be 
    modified within 14 calendar days of knowledge of the release to: 
    provide a description of 
    
    [[Page 51115]]
    the release, the circumstances leading to the release, and the date of 
    the release. In addition, the plan must be reviewed by the permittee to 
    identify measures to prevent the reoccurrence of such releases and to 
    respond to such releases, and the plan must be modified where 
    appropriate; and
        c. The permittee shall submit within 14 calendar days of knowledge 
    of the release a written description of: the release (including the 
    type and estimate of the amount of material released), the date that 
    such release occurred, the circumstances leading to the release, and 
    steps to be taken in accordance with paragraph III.B.1.b. (above) of 
    this permit to the appropriate EPA Regional Office at the address 
    provided in Part VI.B. (Reporting: Where to Submit) of this permit.
        2. Multiple Anticipated Discharges. Facilities that have more than 
    one anticipated discharge per year containing the same hazardous 
    substance in an amount equal to or in excess of a reportable quantity 
    established under either 40 CFR Part 117 or 40 CFR Part 302, that 
    occurs during a 24-hour period, where the discharge is caused by events 
    occurring within the scope of the relevant operating system shall:
        a. Submit notifications in accordance with Part III.B.1.b. (above) 
    of this permit for the first such release that occurs during a calendar 
    year (or for the first year of this permit, after submittal of an NOI); 
    and
        b. Shall provide in the storm water pollution prevention plan 
    required under Part IV. (Storm Water Pollution Prevention Plans) a 
    written description of the dates on which all such releases occurred, 
    the type and estimate of the amount of material released, and the 
    circumstances leading to the releases. In addition, the plan must be 
    reviewed to identify measures to prevent or minimize such releases and 
    the plan must be modified where appropriate.
        3. Spills. This permit does not authorize the discharge of 
    hazardous substances or oil resulting from an onsite spill.
    
    C. Co-located Industrial Activity
    
        In the case where a facility has industrial activities occurring 
    onsite which are described by any of the activities in other sections 
    of Part XI, those industrial activities are considered to be co-located 
    industrial activities. Storm water discharges from co-located 
    industrial activities are authorized by this permit, provided that the 
    permittee complies with any and all additional pollution prevention 
    plan and monitoring requirements from other sections of Part XI 
    applicable to the co-located industrial activity. The operator of the 
    facility shall determine which additional pollution prevention plan and 
    monitoring requirements are applicable to the co-located industrial 
    activity by examining the narrative descriptions of each coverage 
    section (Discharges Covered Under This Section) in Part XI of this 
    permit.
    
    IV. Storm Water Pollution Prevention Plans
    
        A storm water pollution prevention plan shall be developed for each 
    facility covered by this permit. Storm water pollution prevention plans 
    shall be prepared in accordance with good engineering practices and in 
    accordance with the factors outlined in 40 CFR 125.3(d)(2) or (3) as 
    appropriate. The plan shall identify potential sources of pollution 
    that may reasonably be expected to affect the quality of storm water 
    discharges associated with industrial activity from the facility. In 
    addition, the plan shall describe and ensure the implementation of 
    practices that are to be used to reduce the pollutants in storm water 
    discharges associated with industrial activity at the facility and to 
    assure compliance with the terms and conditions of this permit. 
    Facilities must implement the provisions of the storm water pollution 
    prevention plan required under this part as a condition of this permit.
    
    A. Deadlines for Plan Preparation and Compliance
    
        1. Existing Facilities. Except as provided in paragraphs 3., 4., 
    and 5. (below), all existing facilities and new facilities that begin 
    operation on or before [insert date 270 days after permit finalization] 
    shall prepare and implement the plan by [insert date 270 days after 
    permit finalization].
        2. New Facilities. Facilities that begin operation after [insert 
    date 270 days after permit finalization] shall prepare and implement 
    the plan prior to submitting the Notice of Intent.
        3. Oil and Gas Facilities. Oil and gas exploration, production, 
    processing or treatment facilities that are not required to submit a 
    permit application on or before [insert date 90 days after permit 
    finalization] in accordance with 40 CFR 122.26(c)(1)(iii), but after 
    [insert date 270 days after permit finalization] have a discharge of a 
    reportable quantity of oil or a hazardous substance for which 
    notification is required pursuant to either 40 CFR 110.6 or 40 CFR 
    302.6, shall prepare and implement the plan on or before the date 60 
    calendar days after first knowledge of such release.
        4. Facilities Switching From the Baseline General Permit to This 
    Permit. Facilities previously subject to the NPDES General Permit for 
    Storm Water Discharges Associated With Industrial Activity (57 FR 41297 
    or 57 FR 44438) that switch to coverage under this permit shall 
    continue to implement the storm water pollution prevention plan 
    required by that permit. The plan shall be revised as necessary to 
    address requirements under Part XI. of this permit no later than 
    [insert date 270 days after permit finalization]. The revisions made to 
    the plan shall be implemented on or before [insert date 270 days after 
    permit finalization].
        5. Facilities Electing Multi-Sector General Permit Upon Expiration 
    of the Baseline General Permit. Facilities electing to obtain coverage 
    under this permit during the period 90 days prior to expiration of the 
    Baseline General Permit shall revise the pollution prevention plan 
    required by that permit as necessary to address requirements under Part 
    X.I. of this permit and implement the revised plan prior to submittal 
    of the NOI.
        6. Measures That Require Construction. In cases where construction 
    is necessary to implement measures required by the plan, the plan shall 
    contain a schedule that provides compliance with the plan as 
    expeditiously as practicable, but no later than [insert date 3 years 
    after permit finalization]. Where a construction compliance schedule is 
    included in the plan, the schedule shall include appropriate non-
    structural and/or temporary controls to be implemented in the affected 
    portion(s) of the facility prior to completion of the permanent control 
    measure.
        7. Extensions. Upon a showing of good cause, the Director may 
    establish a later date in writing for preparing and compliance with a 
    plan for a storm water discharge associated with industrial activity.
    
    B. Signature and Plan Review
    
        1. Signature/Location. The plan shall be signed in accordance with 
    Part VII.G. (Signatory Requirements), and be retained onsite at the 
    facility that generates the storm water discharge in accordance with 
    Part VII.P.2. (Retention of Records) of this permit. For inactive 
    facilities, the plan may be kept at the nearest office of the 
    permittee.
        2. Availability. The permittee shall make the storm water pollution 
    prevention plan, annual site compliance inspection report, or other 
    information available upon request to the Assistant Administrator for 
    Fisheries for the National Oceanic and Atmospheric 
    
    [[Page 51116]]
    Administration; the U.S. Fisheries and Wildlife Service Regional 
    Director; or authorized representatives of these officials.
        3. Required Modifications. The Director, or authorized 
    representative, may notify the permittee at any time that the plan does 
    not meet one or more of the minimum requirements of this part. Such 
    notification shall identify those provisions of the permit that are not 
    being met by the plan, and identify which provisions of the plan 
    requires modifications in order to meet the minimum requirements of 
    this part. Within 30 days of such notification from the Director, (or 
    as otherwise provided by the Director), or authorized representative, 
    the permittee shall make the required changes to the plan and shall 
    submit to the Director a written certification that the requested 
    changes have been made.
    
    C. Keeping Plans Current
    
        The permittee shall amend the plan whenever there is a change in 
    design, construction, operation, or maintenance, that has a significant 
    effect on the potential for the discharge of pollutants to the waters 
    of the United States or if the storm water pollution prevention plan 
    proves to be ineffective in eliminating or significantly minimizing 
    pollutants from sources identified under Part IV.D. (Contents of the 
    Plan) of this permit, or in otherwise achieving the general objectives 
    of controlling pollutants in storm water discharges associated with 
    industrial activity. New owners shall review the existing plan and make 
    appropriate changes: Amendments to the plan may be reviewed by EPA in 
    the same manner as Part IV.B. (above).
    
    D. Contents of the Plan
    
        The contents of the pollution prevention plan shall comply with the 
    requirements listed in the appropriate section of Part XI. (Specific 
    Requirements for Industrial Activities). Table 2 lists the location of 
    the plan requirements for the respective industrial activities. These 
    requirements are cumulative. If a facility has co-located activities 
    that are covered in more than one section of Part XI., that facility's 
    pollution prevention plan must comply with the requirements listed in 
    all applicable sections of this permit.
    
                Table 2.--Pollution Prevention Plan Requirements            
    ------------------------------------------------------------------------
                                                              Are subject to
                                                                pollution   
                  Storm water discharges from                prevention plan
                                                               requirements 
                                                              listed in part
    ------------------------------------------------------------------------
    Timber Products Facilities.............................  XI.A.3         
    Paper and Allied Products Manufacturing Facilities.....  XI.B.3         
    Chemical and Allied Products Manufacturing Facilities..  XI.C.4         
    Asphalt Paving, Roofing Materials, and Lubricant         XI.D.3         
     Manufacturing Facilities.                                              
    Glass, Clay, Cement Concrete and Gypsum Product          XI.E.3         
     Manufacturing Facilities.                                              
    Primary Metals Facilities..............................  XI.F.3.        
    Metal Mines (Ore Mining and Dressing)..................  XI.G.3         
    Coal Mines and Coal Mine-Related Facilities............  XI.H.3         
    Oil or Gas Extraction Facilities.......................  XI.I.3         
    Mineral Mining and Processing Facilities...............  XI.J.3         
    Hazardous Waste Treatment Storage or Disposal            XI.K.3         
     Facilities.                                                            
    Landfills and Land Application Sites...................  XI.L.3         
    Automobile Salvage Yards...............................  XI.M.2         
    Scrap and Waste Recycling Facilities...................  XI.N.3         
    Steam Electric Power Generating Facilities.............  XI.O.3         
    Vehicle Maintenance or Equipment Cleaning areas at       XI.P.3         
     Motor Freight Transportation Facilities, Passenger                     
     Transportation Facilities, Petroleum Bulk Oil Stations                 
     and Terminals, the United States Postal Service, or                    
     Railroad Transportation Facilities.                                    
    Vehicle Maintenance Areas and Equipment Cleaning Areas   XI.Q.3         
     of Water Transportation Facilities.                                    
    Ship or Boat Building and Repair Yards.................  XI.R.3         
    Vehicle Maintenance Areas, Equipment Cleaning Areas or   XI.S.3         
     From Airport Deicing Operations located at Air                         
     Transportation Facilities.                                             
    Wastewater Treatment Works.............................  XI.T.3         
    Food and Kindred Products Facilities...................  XI.U.3         
    Textile Mills, Apparel and other Fabric Product          XI.V.3         
     Manufacturing Facilities.                                              
    Furniture and Fixture Manufacturing Facilities.........  XI.W.3         
    Printing and Publishing Facilities.....................  XI.X.3         
    Rubber and Miscellaneous Plastic Product Manufacturing   XI.Y.3         
     Facilities.                                                            
    Leather Tanning and Finishing Facilities...............  XI.Z.3         
    Facilities That Manufacture Metal Products including     XI.AA.3        
     Jewelry, Silverware and Plated Ware.                                   
    Facilities That Manufacture Transportation Equipment,    XI.AB.3        
     Industrial or Commercial Machinery.                                    
    Facilities That Manufacture Electronic and Electrical    XI.AC.3.       
     Equipment and Components, Photographic and Optical                     
     Goods.                                                                 
    ------------------------------------------------------------------------
    
    E. Special Pollution Prevention Plan Requirements
    
        In addition to the minimum standards listed in Part XI. of this 
    permit (Specific Requirements for Industrial Activities), the storm 
    water pollution prevention plan shall include a complete discussion of 
    measures taken to conform with the following applicable guidelines, 
    other effective storm water pollution prevention procedures, and 
    applicable State rules, regulations and guidelines:
        1. Additional Requirements for Storm Water Discharges Associated 
    With Industrial Activity that Discharge Into or Through Municipal 
    Separate Storm Sewer Systems Serving a Population of 100,000 or More. 
    a. In addition to the applicable requirements of this permit, 
    facilities covered by this permit must comply with applicable 
    requirements in municipal storm water management programs developed 
    under NPDES permits issued for the discharge of the municipal separate 
    storm sewer system that receives the facility's discharge, provided the 
    discharger has been notified of such conditions.
        b. Permittees that discharge storm water associated with industrial 
    activity through a municipal separate storm sewer system serving a 
    population of 100,000 or more, or a municipal system designated by the 
    Director shall make plans available to the municipal operator of the 
    system upon request.
        2. Additional Requirements for Storm Water Discharges Associated 
    With Industrial Activity From Facilities Subject to EPCRA Section 313 
    Requirements. In addition to the requirements of Part XI. of this 
    permit and other applicable conditions of this permit, storm water 
    pollution prevention plans for facilities subject to 
    
    [[Page 51117]]
    reporting requirements under EPCRA Section 313 for chemicals that are 
    classified as `Section 313 water priority chemicals' in accordance with 
    the definition in Part X. of this permit, except as provided in 
    paragraph IV.E.2.c.(below), shall describe and ensure the 
    implementation of practices that are necessary to provide for 
    conformance with the following guidelines:
        a. In areas where Section 313 water priority chemicals are stored, 
    processed or otherwise handled, appropriate containment, drainage 
    control and/or diversionary structures shall be provided unless 
    otherwise exempted under Part IV.E.2.c. At a minimum, one of the 
    following preventive systems or its equivalent shall be used:
        (1) Curbing, culverting, gutters, sewers, or other forms of 
    drainage control to prevent or minimize the potential for storm water 
    runon to come into contact with significant sources of pollutants; or
        (2) Roofs, covers or other forms of appropriate protection to 
    prevent storage piles from exposure to storm water and wind.
        b. In addition to the minimum standards listed under Part IV.E.2.a. 
    (above) of this permit, except as otherwise exempted under Part 
    IV.E.2.c (below) of this permit, the storm water pollution prevention 
    plan shall include a complete discussion of measures taken to conform 
    with other effective storm water pollution prevention procedures, and 
    applicable State rules, regulations, and guidelines:
        (1) Liquid Storage Areas Where Storm Water Comes Into Contact With 
    Any Equipment, Tank, Container, or Other Vessel Used for Section 313 
    Water Priority Chemicals. (a) No tank or container shall be used for 
    the storage of a Section 313 water priority chemical unless its 
    material and construction are compatible with the material stored and 
    conditions of storage such as pressure and temperature, etc.
        (b) Liquid storage areas for Section 313 water priority chemicals 
    shall be operated to minimize discharges of Section 313 chemicals. 
    Appropriate measures to minimize discharges of Section 313 chemicals 
    may include secondary containment provided for at least the entire 
    contents of the largest single tank plus sufficient freeboard to allow 
    for precipitation, a strong spill contingency and integrity testing 
    plan, and/or other equivalent measures.
        (2) Material Storage Areas for Section 313 Water Priority Chemicals 
    Other Than Liquids. Material storage areas for Section 313 water 
    priority chemicals other than liquids that are subject to runoff, 
    leaching, or wind shall incorporate drainage or other control features 
    that will minimize the discharge of Section 313 water priority 
    chemicals by reducing storm water contact with Section 313 water 
    priority chemicals.
        (3) Truck and Rail Car Loading and Unloading Areas for Liquid 
    Section 313 Water Priority Chemicals. Truck and rail car loading and 
    unloading areas for liquid Section 313 water priority chemicals shall 
    be operated to minimize discharges of Section 313 water priority 
    chemicals. Protection such as overhangs or door skirts to enclose 
    trailer ends at truck loading/unloading docks shall be provided as 
    appropriate. Appropriate measures to minimize discharges of Section 313 
    chemicals may include: the placement and maintenance of drip pans 
    (including the proper disposal of materials collected in the drip pans) 
    where spillage may occur (such as hose connections, hose reels and 
    filler nozzles) for use when making and breaking hose connections; a 
    strong spill contingency and integrity testing plan; and/or other 
    equivalent measures.
        (4) Areas Where Section 313 Water Priority Chemicals Are 
    Transferred, Processed, or Otherwise Handled. Processing equipment and 
    materials handling equipment shall be operated so as to minimize 
    discharges of Section 313 water priority chemicals. Materials used in 
    piping and equipment shall be compatible with the substances handled. 
    Drainage from process and materials handling areas shall minimize storm 
    water contact with Section 313 water priority chemicals. Additional 
    protection such as covers or guards to prevent exposure to wind, 
    spraying or releases from pressure relief vents from causing a 
    discharge of Section 313 water priority chemicals to the drainage 
    system shall be provided as appropriate. Visual inspections or leak 
    tests shall be provided for overhead piping conveying Section 313 water 
    priority chemicals without secondary containment.
        (5) Discharges From Areas Covered by Paragraphs (1), (2), (3), or 
    (4). (a) Drainage from areas covered by paragraphs (1), (2), (3), or 
    (4) of this part should be restrained by valves or other positive means 
    to prevent the discharge of a spill or other excessive leakage of 
    Section 313 water priority chemicals. Where containment units are 
    employed, such units may be emptied by pumps or ejectors; however, 
    these shall be manually activated.
        (b) Flapper-type drain valves shall not be used to drain 
    containment areas. Valves used for the drainage of containment areas 
    should, as far as is practical, be of manual, open-and-closed design.
        (c) If facility drainage is not engineered as above, the final 
    discharge of all in-facility storm sewers shall be equipped to be 
    equivalent with a diversion system that could, in the event of an 
    uncontrolled spill of Section 313 water priority chemicals, return the 
    spilled material to the facility.
        (d) Records shall be kept of the frequency and estimated volume (in 
    gallons) of discharges from containment areas.
        (6) Facility Site Runoff Other Than From Areas Covered By (1), (2), 
    (3), or (4). Other areas of the facility (those not addressed in 
    paragraphs (1), (2), (3), or (4)), from which runoff that may contain 
    Section 313 water priority chemicals or spills of Section 313 water 
    priority chemicals could cause a discharge shall incorporate the 
    necessary drainage or other control features to prevent discharge of 
    spilled or improperly disposed material and ensure the mitigation of 
    pollutants in runoff or leachate.
        (7) Preventive Maintenance and Housekeeping. All areas of the 
    facility shall be inspected at specific intervals identified in the 
    plan for leaks or conditions that could lead to discharges of Section 
    313 water priority chemicals or direct contact of storm water with raw 
    materials, intermediate materials, waste materials or products. In 
    particular, facility piping, pumps, storage tanks and bins, pressure 
    vessels, process and material handling equipment, and material bulk 
    storage areas shall be examined for any conditions or failures that 
    could cause a discharge. Inspection shall include examination for 
    leaks, wind blowing, corrosion, support or foundation failure, or other 
    forms of deterioration or noncontainment. Inspection intervals shall be 
    specified in the plan and shall be based on design and operational 
    experience. Different areas may require different inspection intervals. 
    Where a leak or other condition is discovered that may result in 
    significant releases of Section 313 water priority chemicals to waters 
    of the United States, action to stop the leak or otherwise prevent the 
    significant release of Section 313 water priority chemicals to waters 
    of the United States shall be immediately taken or the unit or process 
    shut down until such action can be taken. When a leak or noncontainment 
    of a Section 313 water priority chemical has occurred, contaminated 
    soil, debris, or other material must be promptly removed and disposed 
    in accordance with Federal, State, and local requirements and as 
    described in the plan.
    
    [[Page 51118]]
    
        (8) Facility Security. Facilities shall have the necessary security 
    systems to prevent accidental or intentional entry that could cause a 
    discharge. Security systems described in the plan shall address 
    fencing, lighting, vehicular traffic control, and securing of equipment 
    and buildings.
        (9) Training. Facility employees and contractor personnel that work 
    in areas where Section 313 water priority chemicals are used or stored 
    shall be trained in and informed of preventive measures at the 
    facility. Employee training shall be conducted at intervals specified 
    in the plan, but not less than once per year. Training shall address: 
    pollution control laws and regulations, the storm water pollution 
    prevention plan and the particular features of the facility and its 
    operation that are designed to minimize discharges of Section 313 water 
    priority chemicals. The plan shall designate a person who is 
    accountable for spill prevention at the facility and who will set up 
    the necessary spill emergency procedures and reporting requirements so 
    that spills and emergency releases of Section 313 water priority 
    chemicals can be isolated and contained before a discharge of a Section 
    313 water priority chemical can occur. Contractor or temporary 
    personnel shall be informed of facility operation and design features 
    in order to prevent discharges or spills from occurring.
        c. Facilities subject to reporting requirements under EPCRA Section 
    313 for chemicals that are classified as ``Section 313 water priority 
    chemicals'' in accordance with the definition in Part X. of this permit 
    that are handled and stored onsite only in gaseous or non-soluble 
    liquid or solid (at atmospheric pressure and temperature) forms may 
    provide a certification as such in the pollution prevention plan in 
    lieu of the additional requirements in Part IV.E.2. Such certification 
    shall include a narrative description of all water priority chemicals 
    and the form in which they are handled and stored, and shall be signed 
    in accordance with Part VII.G. (Signatory Requirements) of this permit.
        d. The storm water pollution prevention plan shall be certified in 
    accordance with Section VII.G (Signatory Requirements) of this permit.
        3. Additional Requirements for Salt Storage. Storage piles of salt 
    used for deicing or other commercial or industrial purposes and that 
    generate a storm water discharge associated with industrial activity 
    that is discharged to waters of the United States shall be enclosed or 
    covered to prevent exposure to precipitation, except for exposure 
    resulting from adding or removing materials from the pile. Dischargers 
    shall demonstrate compliance with this provision as expeditiously as 
    practicable, but in no event later than [insert date 3 years after 
    permit finalization]. Dischargers with previous coverage under the 
    Baseline general permit for storm water shall be compliant with this 
    provision upon submittal of the NOI. Piles do not need to be enclosed 
    or covered where storm water from the pile is not discharged to waters 
    of the United States.
        4. Consistency With Other Plans. Storm water pollution prevention 
    plans may reference the existence of other plans for Spill Prevention 
    Control and Countermeasure (SPCC) plans developed for the facility 
    under Section 311 of the CWA or Best Management Practices (BMP) 
    Programs otherwise required by an NPDES permit for the facility as long 
    as such requirement is incorporated into the storm water pollution 
    prevention plan.
    
    V. Numeric Effluent Limitations
    
    A. Discharges Associated With Specific Industrial Activity
    
        Numeric effluent limitations for storm water discharges associated 
    with a specific industrial activity are described in Part XI. of this 
    permit.
    
    B. Coal Pile Runoff
    
        Any discharge composed of coal pile runoff shall not exceed a 
    maximum concentration for any time of 50 mg/L total suspended solids. 
    Coal pile runoff shall not be diluted with storm water or other flows 
    in order to meet this limitation. The pH of such discharges shall be 
    within the range of 6.0 to 9.0. Runoff from coal piles located at steam 
    electric generating facilities shall be in compliance with these limits 
    upon submittal of the Notice of Intent (NOI). Runoff from coal piles at 
    all other types of facilities shall comply with these limitations as 
    expeditiously as practicable, but in no case later than [insert date 3 
    years after permit finalization]. Dischargers with previous coverage 
    under the Baseline general permit for storm water shall be compliant 
    with this provision upon submittal of the NOI. Any untreated overflow 
    from facilities designed, constructed and operated to treat the volume 
    of coal pile runoff that is associated with a 10-year, 24-hour rainfall 
    event shall not be subject to the 50 mg/L limitation for total 
    suspended solids.
    
    VI. Monitoring and Reporting Requirements
    
    A. Monitoring Requirements
    
        1. Limitations on Monitoring Requirements. a. Except as required by 
    paragraph b., only those facilities with discharges or activities 
    identified in Part VI.C. and Part XI. are required to conduct sampling 
    of their storm water discharges associated with industrial activity. 
    Monitoring requirements under parts VI.C. and XI. are additive. 
    Facilities with discharges or activities described in more than one 
    monitoring section are subject to all applicable monitoring 
    requirements from each section.
        b. The Director can provide written notice to any facility 
    otherwise exempt from the sampling requirements of Parts VI.C. and XI. 
    that it shall conduct discharge sampling for a specific monitoring 
    frequency for specific parameters.
    
    B. Reporting: Where To Submit
    
        1. Location. Signed copies of discharge monitoring reports required 
    under Parts XI. and VI.C., individual permit applications, and all 
    other reports required herein, shall be submitted to the Director of 
    the NPDES program at the address of the appropriate Regional Office:
    
    a. CT, MA, ME, NH, RI, VT
        EPA, Region I, Water Management Division, (WCP), Storm Water Staff, 
    JFK Federal Building, Boston, MA 02203
    b. PR
        EPA, Region II, Water Management Division, (2WM-WPC), Storm Water 
    Staff, 290 Broadway, New York, NY 10007-1866
    c. DE, DC
        EPA, Region III, Water Management Division, (3WM55), Storm Water 
    Staff, 841 Chestnut Building, Philadelphia, PA 19107
     d. FL
        EPA, Region IV, Water Management Division, Permits Section (WPEB-
    7), 345 Courtland Street, NE., Atlanta, GA 30365
    e. LA, NM (except see Region IX for Navajo lands), OK, TX
        EPA, Region VI, Enforcement and Compliance Assurance Division (GEN-
    WC), EPA SW MSGP, First Interstate Bank Tower at Fountain Place, P.O. 
    Box 50625, Dallas, TX 75205
     f. AZ, CA, NV, Johnson Atoll, Midway Island, Wake Island, the Goshute 
    Reservation in UT and NV, the Navajo Reservation in UT, NM, and AZ, the 
    Fort McDermitt Reservation 
    
    [[Page 51119]]
    in OR, the Duck Valley Reservation in NV and ID
        EPA, Region IX, Water Management Division, (W-5-3), Storm Water 
    Staff, 75 Hawthorne Street, San Francisco, CA 94105
    g. AK Indian Reservations, ID (except see Region IX for Duck Valley 
    Reservation lands), OR (except see Region IX for Fort McDermitt 
    Reservation lands), WA
        EPA, Region X, Water Division, (WD-134), Storm Water Staff, 1200 
    Sixth Avenue, Seattle, WA 98101
    
    For each outfall, one Discharge Monitoring Report form must be 
    submitted per storm event sampled.
        2. Additional Notification. In addition to filing copies of 
    discharge monitoring reports in accordance with Part VI.B. (Reporting: 
    Where to Submit), facilities with at least one storm water discharge 
    associated with industrial activity through a large or medium municipal 
    separate storm sewer system (systems serving a population of 100,000 or 
    more) or a municipal system designated by the Director must submit 
    signed copies of discharge monitoring reports to the operator of the 
    municipal separate storm sewer system in accordance with the dates 
    provided in Part XI. Facilities not required to report monitoring data 
    under Part XI. and facilities that are not otherwise required to 
    monitor their discharges, need not comply with this provision.
    
    C. Special Monitoring Requirements for Coal Pile Runoff
    
        During the period beginning on the effective date and lasting 
    through the expiration date of this permit, permittees with storm water 
    discharges containing coal pile runoff shall monitor such storm water 
    for: pH and TSS 
    (mg/l) at least annually (1 time per year). Permittees with discharges 
    containing coal pile runoff must report in accordance with Part V.B 
    (Numeric Effluent Limitations) and Part VI.B. (Reporting: Where to 
    Submit). In addition to the parameters listed above, the permittee 
    shall provide the date and duration (in hours) of the storm event(s) 
    samples; rainfall measurements or estimates (in inches) of the storm 
    event that generated the sampled runoff; the duration between the storm 
    event samples and the end of the previous measurable (greater than 0.1 
    inch rainfall) storm event; and an estimate of the total volume (in 
    gallons) of the discharge samples.
        1. Sample Type. For discharges containing coal pile runoff from 
    holding ponds or other impoundments with a retention period greater 
    than 24 hours (estimated by dividing the volume of the detention pond 
    by the estimated volume of water discharged during the 24 hours 
    previous to the time that the sample is collected), a minimum of one 
    grab sample may be taken. For all other discharges containing coal pile 
    runoff, data shall be reported for a grab sample. All such samples 
    shall be collected from the discharge resulting from a storm event that 
    is greater than 0.1 inches in magnitude and that occurs at least 72 
    hours from the previously measurable (greater than 0.1 inch rainfall) 
    storm event. The required 72-hour storm event interval is waived where 
    the preceding measurable storm event did not result in a measurable 
    discharge from the facility. The required 72-hour storm event interval 
    may also be waived where the permittee documents that less than a 72-
    hour interval is representative for local storm events during the 
    season when sampling is being conducted. The grab sample shall be taken 
    during the first 30 minutes of the discharge. If the collection of a 
    grab sample during the first 30 minutes is impracticable, a grab sample 
    can be taken during the first hour of the discharge, and the discharger 
    shall submit with the monitoring report a description of why a grab 
    sample during the first 30 minutes was impracticable.
        2. Sampling Waiver. When a discharger is unable to collect samples 
    of coal pile runoff due to adverse climatic conditions, the discharger 
    shall collect a substitute sample from a separate qualifying event in 
    the next period and submit this data along with the data for the 
    routine sample in that period. Adverse weather conditions that may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        3. Representative Discharge. When a facility has two or more 
    outfalls containing coal pile runoff that, based on a consideration of 
    the other industrial activity, and significant materials, and upon 
    management practices and activities within the area drained by the 
    outfall, and the permittee reasonably believes substantially identical 
    effluents are discharged, the permittee may test the effluent of one of 
    such outfalls and report that the quantitative data also applies to the 
    substantially identical outfalls provided that the permittee includes 
    in the storm water pollution prevention plan a description of the 
    location of the outfalls and explains in detail why the outfalls are 
    expected to discharge substantially identical effluents. In addition, 
    for each outfall that the permittee believes is representative, an 
    estimate of the size of the drainage area (in square feet) and an 
    estimate of the runoff coefficient of the drainage area (e.g., low 
    (under 40 percent), medium (40 to 65 percent) or high (above 65 
    percent)) shall be provided in the plan. Permittees required to submit 
    monitoring information under Part VIII. of this permit shall include 
    the description of the location of the outfalls, explanation of why 
    outfalls are expected to discharge substantially identical effluents, 
    and estimate of the size of the drainage area and runoff coefficient 
    with the Discharge Monitoring Report. This representative discharge 
    provision is not applicable to storm water discharges from coal piles 
    regulated under the national effluent limitations guidelines.
        4. Alternative Certification. Facilities with storm water 
    discharges containing coal pile runoff may not submit alternative 
    certification in lieu of the required monitoring data.
        5. When to Submit. Permittees with discharges containing coal pile 
    runoff shall submit monitoring results annually no later than the 28th 
    day of [insert month following permit finalization].
    
    VII. Standard Permit Conditions
    
    A. Duty to Comply
    
        1. Permittee's Duty to Comply. The permittee must comply with all 
    conditions of this permit. Any permit noncompliance constitutes a 
    violation of the Clean Water Act (CWA) and is grounds for enforcement 
    action; for permit termination, revocation and reissuance, or 
    modification; or for denial of a permit renewal application.
        2. Penalties for Violations of Permit Conditions.
        a. Criminal.
        (1) Negligent Violations. The CWA provides that any person who 
    negligently violates permit conditions implementing Sections 301, 302, 
    306, 307, 308, 318, or 405 of the Act is subject to a fine of not less 
    than $2,500 nor more than $25,000 per day of violation, or by 
    imprisonment for not more than 1 year, or both.
        (2) Knowing Violations. The CWA provides that any person who 
    knowingly violates permit conditions implementing Sections 301, 302, 
    306, 307, 308, 318, or 405 of the Act is subject to a fine of not less 
    than $5,000 nor more than $50,000 per day of violation, or by 
    imprisonment for not more than 3 years, or both.
        (3) Knowing Endangerment. The CWA provides that any person who 
    
    [[Page 51120]]
        knowingly violates permit conditions implementing Sections 301, 302, 
    306, 307, 308, 318, or 405 of the Act and who knows at that time that 
    he is placing another person in imminent danger of death or serious 
    bodily injury is subject to a fine of not more than $250,000, or by 
    imprisonment for not more than 15 years, or both.
        (4) False Statement. The CWA provides that any person who knowingly 
    makes any false material statement, representation, or certification in 
    any application, record, report, plan, or other document filed or 
    required to be maintained under the Act or who knowingly falsifies, 
    tampers with, or renders inaccurate, any monitoring device or method 
    required to be maintained under the Act, shall upon conviction, be 
    punished by a fine of not more than $10,000 or by imprisonment for not 
    more than 2 years, or by both. If a conviction is for a violation 
    committed after a first conviction of such person under this paragraph, 
    punishment shall be by a fine of not more than $20,000 per day of 
    violation, or by imprisonment of not more than 4 years, or by both. 
    (See Section 309(c)(4) of the Clean Water Act).
        b. Civil Penalties. The CWA provides that any person who violates a 
    permit condition implementing Sections 301, 302, 306, 307, 308, 318, or 
    405 of the Act is subject to a civil penalty not to exceed $25,000 per 
    day for each violation.
        c. Administrative Penalties. The CWA provides that any person who 
    violates a permit condition implementing Sections 301, 302, 306, 307, 
    308, 318, or 405 of the Act is subject to an administrative penalty, as 
    follows:
        (1) Class I Penalty. Not to exceed $10,000 per violation nor shall 
    the maximum amount exceed $25,000.
        (1) Class II Penalty. Not to exceed $10,000 per day for each day 
    during which the violation continues nor shall the maximum amount 
    exceed $125,000.
    
    B. Continuation of the Expired General Permit
    
        This permit expires on [insert date 5 years after permit 
    finalization]. However, an expired general permit continues in force 
    and effect until a new general permit is issued. Permittees that 
    choose, or are required, to obtain an individual permit must submit an 
    application (Forms 1 and 2F and any other applicable forms) 180 days 
    prior to expiration of this permit. Permittees that are eligible and 
    choose to be covered by a new general permit must submit an NOI by the 
    date specified in that permit.
    
    C. Need to Halt or Reduce Activity Not a Defense
    
        It shall not be a defense for a permittee in an enforcement action 
    that it would have been necessary to halt or reduce the permitted 
    activity in order to maintain compliance with the conditions of this 
    permit.
    
    D. Duty to Mitigate
    
        The permittee shall take all reasonable steps to minimize or 
    prevent any discharge in violation of this permit that has a reasonable 
    likelihood of adversely affecting human health or the environment.
    
    E. Duty to Provide Information
    
        The permittee shall furnish to the Director, within a time 
    specified by the Director, any information that the Director may 
    request to determine compliance with this permit. The permittee shall 
    also furnish to the Director upon request, copies of records required 
    to be kept by this permit.
    
    F. Other Information
    
        When the permittee becomes aware that he or she failed to submit 
    any relevant facts or submitted incorrect information in the NOI or in 
    any other report to the Director, he or she shall promptly submit such 
    facts or information.
    
    G. Signatory Requirements
    
        All Notices of Intent, Notices of Termination, storm water 
    pollution prevention plans, reports, certifications or information 
    either submitted to the Director (and/or the operator of a large or 
    medium municipal separate storm sewer system), or that this permit 
    requires be maintained by the permittee, shall be signed.
        1. Signature. All reports required by the permit and other 
    information requested by the Director shall be signed as follows:
        a. For a corporation: by a responsible corporate officer. For the 
    purpose of this section, a responsible corporate officer means: (1) a 
    president, secretary, treasurer, or vice-president of the corporation 
    in charge of a principal business function, or any other person who 
    performs similar policy or decision-making functions for the 
    corporation; or (2) the manager of one or more manufacturing, 
    production or operating facilities employing more than 250 persons or 
    having gross annual sales or expenditures exceeding $25,000,000 (in 
    second-quarter 1980 dollars) if authority to sign documents has been 
    assigned or delegated to the manager in accordance with corporate 
    procedures;
        b. For a partnership or sole proprietorship: by a general partner 
    or the proprietor, respectively; or
        c. For a municipality, State, Federal, or other public facility: by 
    either a principal executive officer or ranking elected official. For 
    purposes of this section, a principal executive officer of a Federal 
    agency includes (1) the chief executive officer of the agency, or (2) a 
    senior executive officer having responsibility for the overall 
    operations of a principal geographic unit of the agency (e.g., Regional 
    Administrators of EPA).
        2. Authorized Representative. All reports required by the permit 
    and other information requested by the Director shall be signed by a 
    person described in Section VII.G.1. above or be signed by a duly 
    authorized representative of that person. A person is a duly authorized 
    representative only if:
        a. The authorization is made in writing by a person described above 
    and submitted to the Director.
        b. The authorization specifies either an individual or a position 
    having responsibility for the overall operation of the regulated 
    facility or activity, such as the position of manager, operator, 
    superintendent, or position of equivalent responsibility or an 
    individual or position having overall responsibility for environmental 
    matters for the company. (A duly authorized representative may thus be 
    either a named individual or any individual occupying a named 
    position).
        c. Changes to Authorization. If an authorization under paragraph 
    VII.G.2. is no longer accurate because a different individual or 
    position has responsibility for the overall operation of the facility, 
    a new NOI satisfying the requirements of paragraph II.B. (Contents of 
    NOI) must be submitted to the Director prior to or together with any 
    reports, information, or applications to be signed by an authorized 
    representative.
        d. Certification. Any person signing documents under this section 
    shall make the following certification:
    
        I certify under penalty of law that this document and all 
    attachments were prepared under my direction or supervision in 
    accordance with a system designed to assure that qualified personnel 
    properly gathered and evaluated the information submitted. Based on 
    my inquiry of the person or persons who manage the system, or those 
    persons directly responsible for gathering the information, the 
    information submitted is, to the best of my knowledge and belief, 
    true, accurate, and complete. I am aware that there are significant 
    penalties for submitting false information, including the 
    possibility of fine and imprisonment for knowing violations. 
    
    [[Page 51121]]
    
    
    H. Penalties for Falsification of Reports
    
        Section 309(c)(4) of the Clean Water Act provides that any person 
    who knowingly makes any false material statement, representation, or 
    certification in any record or other document submitted or required to 
    be maintained under this permit, including reports of compliance or 
    noncompliance shall, upon conviction, be punished by a fine of not more 
    than $10,000, or by imprisonment for not more than 2 years, or by both.
    
    I. Penalties for Falsification of Monitoring Systems
    
        The CWA provides that any person who falsifies, tampers with, or 
    knowingly renders inaccurate any monitoring device or method required 
    to be maintained under this permit shall, upon conviction, be punished 
    by fines and imprisonment described in Section 309 of the CWA.
    
    J. Oil and Hazardous Substance Liability
    
        Nothing in this permit shall be construed to preclude the 
    institution of any legal action or relieve the permittee from any 
    responsibilities, liabilities, or penalties to which the permittee is 
    or may be subject under Section 311 of the CWA or Section 106 of the 
    Comprehensive Environmental Response, Compensation and Liability Act of 
    1980 (CERCLA).
    
    K. Property Rights
    
        The issuance of this permit does not convey any property rights of 
    any sort, nor any exclusive privileges, nor does it authorize any 
    injury to private property nor any invasion of personal rights, nor any 
    infringement of Federal, State, or local laws or regulations.
    
    L. Severability
    
        The provisions of this permit are severable, and if any provision 
    of this permit, or the application of any provision of this permit to 
    any circumstance, is held invalid, the application of such provision to 
    other circumstances, and the remainder of this permit shall not be 
    affected thereby.
    
    M. Requiring an Individual Permit or an Alternative General Permit
    
        1. Director Designation. The Director may require any person 
    authorized by this permit to apply for and/or obtain either an 
    individual NPDES permit or an alternative NPDES general permit. Any 
    interested person may petition the Director to take action under this 
    paragraph. The Director may require any owner or operator authorized to 
    discharge under this permit to apply for an individual NPDES permit 
    only if the owner or operator has been notified in writing that a 
    permit application is required. This notice shall include a brief 
    statement of the reasons for this decision, an application form, a 
    statement setting a deadline for the owner or operator to file the 
    application, and a statement that on the effective date of issuance or 
    denial of the individual NPDES permit or the alternative general permit 
    as it applies to the individual permittee, coverage under this general 
    permit shall automatically terminate. Individual permit applications 
    shall be submitted to the address of the appropriate Regional Office 
    shown in Part VI.B. (Reporting: Where to Submit) of this permit. The 
    Director may grant additional time to submit the application upon 
    request of the applicant. If an owner or operator fails to submit in a 
    timely manner an individual NPDES permit application as required by the 
    Director, then the applicability of this permit to the individual NPDES 
    permittee is automatically terminated at the end of the day specified 
    for application submittal.
        2. Individual Permit Application. Any owner or operator authorized 
    by this permit may request to be excluded from the coverage of this 
    permit by applying for an individual permit. The owner or operator 
    shall submit an individual application (Form 1 and Form 2F) with 
    reasons supporting the request to the Director. Individual permit 
    applications shall be submitted to the address of the appropriate 
    Regional Office shown in Part VI.B. of this permit. The request may be 
    granted by the issuance of any individual permit or an alternative 
    general permit if the reasons cited by the owner or operator are 
    adequate to support the request.
        3. Individual/Alternative General Permit Issuance. When an 
    individual NPDES permit is issued to an owner or operator otherwise 
    subject to this permit, or the owner or operator is authorized for 
    coverage under an alternative NPDES general permit, the applicability 
    of this permit to the individual NPDES permittee is automatically 
    terminated on the effective date of the individual permit or the date 
    of authorization of coverage under the alternative general permit, 
    whichever the case may be. When an individual NPDES permit is denied to 
    an owner or operator otherwise subject to this permit, or the owner or 
    operator is denied for coverage under an alternative NPDES general 
    permit, the applicability of this permit to the individual NPDES 
    permittee is automatically terminated on the date of such denial, 
    unless otherwise specified by the Director.
    
    N. State/Environmental Laws
    
        Nothing in this permit shall be construed to preclude the 
    institution of any legal action or relieve the permittee from any 
    responsibilities, liabilities, or penalties established pursuant to any 
    applicable State law or regulation under authority preserved by Section 
    510 of the Act.
        No condition of this permit shall release the permittee from any 
    responsibility or requirements under other environmental statutes or 
    regulations.
    
    O. Proper Operation and Maintenance
    
        The permittee shall at all times properly operate and maintain all 
    facilities and systems of treatment and control (and related 
    appurtenances) that are installed or used by the permittee to achieve 
    compliance with the conditions of this permit and with the requirements 
    of storm water pollution prevention plans. Proper operation and 
    maintenance also includes adequate laboratory controls and appropriate 
    quality assurance procedures. Proper operation and maintenance requires 
    the operation of backup or auxiliary facilities or similar systems, 
    installed by a permittee only when necessary to achieve compliance with 
    the conditions of the permit.
    
    P. Monitoring and Records
    
        1. Representative Samples/Measurements. Samples and measurements 
    taken for the purpose of monitoring shall be representative of the 
    monitored activity.
        2. Retention of Records.
        a. The permittee shall retain records of all monitoring 
    information, copies of all reports required by this permit, and records 
    of all data used to complete the application of this permit for a 
    period of at least three (3) years from the date of sample, 
    measurement, evaluation or inspection, report, or application. This 
    period may be extended by request of the Director at any time. 
    Permittees must submit any such records to the Director upon request.
        b. The permittee shall retain the pollution prevention plan 
    developed in accordance with Parts IV. and XI. of this permit until a 
    date 3 years after the last modification or amendment is made to the 
    plan, and at least 1 year after coverage under this permit terminates.
        3. Records Contents. Records of monitoring information shall 
    include:
        a. The date, exact place, and time of sampling or measurements;
    
    [[Page 51122]]
    
        b. The initials or name(s) of the individual(s) who performed the 
    sampling or measurements;
        c. The date(s) analyses were performed;
        d. The time(s) analyses were initiated;
        e. The initials or name(s) of the individual(s) who performed the 
    analyses;
        f. References and written procedures, when available, for the 
    analytical techniques or methods used; and
        g. The results of such analyses, including the bench sheets, 
    instrument readouts, computer disks or tapes, etc., used to determine 
    these results.
        4. Approved Monitoring Methods. Monitoring must be conducted 
    according to test procedures approved under 40 CFR Part 136, unless 
    other test procedures have been specified in this permit.
    
    Q. Inspection and Entry
    
        The permittee shall allow the Director or an authorized 
    representative of EPA, the State environmental agency, or, in the case 
    of a facility that discharges through a municipal separate storm sewer, 
    an authorized representative of the municipal operator or the separate 
    storm sewer receiving the discharge, upon the presentation of 
    credentials and other documents as may be required by law, to: enter 
    upon the permittee's premises where a regulated facility or activity is 
    located or conducted or where records must be kept under the conditions 
    of this permit; have access to and copy at reasonable times, any 
    records that must be kept under the conditions of this permit; and 
    inspect at reasonable times any facilities or equipment (including 
    monitoring and control equipment).
    
    R. Permit Actions
    
        This permit may be modified, revoked and reissued, or terminated 
    for cause. The filing of a request by the permittee for a permit 
    modification, revocation and reissuance, or termination, or a 
    notification of planned changes or anticipated noncompliance does not 
    stay any permit condition.
    
    S. Bypass of Treatment Facility
    
        1. Notice.
        a. Anticipated Bypass. If a permittee subject to the numeric 
    effluent limitations of Parts V. and XI. of this permit knows in 
    advance of the need for a bypass, he or she shall submit prior notice, 
    if possible, at least 10 days before the date of the bypass; including 
    an evaluation of the anticipated quality and effect of the bypass.
        b. Unanticipated Bypass. The permittee subject to the numeric 
    effluent limitations of Parts V. and XI. of this permit shall submit 
    notice of an unanticipated bypass. Any information regarding the 
    unanticipated bypass shall be provided orally within 24 hours from the 
    time the permittee became aware of the circumstances. A written 
    submission shall also be provided within 5 days of the time the 
    permittee became aware of the circumstances. The written submission 
    shall contain a description of the bypass and its cause; the period of 
    the bypass; including exact dates and times, and if the bypass has not 
    been corrected, the anticipated time it is expected to continue; and 
    steps taken or planned to reduce, eliminate, and prevent reoccurrence 
    of the bypass.
        2. Prohibition of Bypass.
        a. Bypass is prohibited and the Director may take enforcement 
    action against a permittee for a bypass. Unless:
        (1) The bypass was unavoidable to prevent loss of life, personal 
    injury, or severe property damage;
        (2) There were no feasible alternatives to the bypass, such as the 
    use of auxiliary facilities, retention of untreated wastes, or 
    maintenance during normal periods of equipment downtime. This condition 
    is not satisfied if the permittee should, in the exercise of reasonable 
    engineering judgement, have installed adequate backup equipment to 
    prevent a bypass that occurred during normal periods of equipment 
    downtime or preventive maintenance; and
        (3) The permittee submitted notices of the bypass.
        b. The Director may approve an anticipated bypass after considering 
    its adverse effects, if the Director determines that it will meet the 
    three conditions listed in Part VII.S.2.a.
    
    T. Upset Conditions
    
        1. Affirmative Defense. An upset constitutes an affirmative defense 
    to an action brought for noncompliance with technology-based numeric 
    effluent limitations in Parts V. and XI. of this permit if the 
    requirements of paragraph 2 below are met. No determination made during 
    administrative review of claims that noncompliance was caused by upset, 
    and before an action for noncompliance, is final administrative action 
    subject to judicial review.
        2. Required Defense. A permittee who wishes to establish the 
    affirmative defense of an upset shall demonstrate, through properly 
    signed, contemporaneous operating logs, or other relevant evidence, 
    that:
        a. An upset occurred and that the permittee can identify the 
    specific cause(s) of the upset:
        b. The permitted facility was at the time being properly operated; 
    and
        c. The permittee provided oral notice of the upset to EPA within 24 
    hours from the time the permittee became aware of the circumstances. A 
    written submission shall also be provided within 5 days of the time the 
    permittee became aware of the circumstances. The written submission 
    shall contain a description of the upset and its cause; the period of 
    the upset; including exact dates and times, and if the upset has not 
    been corrected, the anticipated time it is expected to continue; and 
    steps taken or planned to reduce, eliminate, and prevent reoccurrence 
    of the upset.
        3. Burden of Proof. In any enforcement proceeding the permittee 
    seeking to establish the occurrence of an upset has the burden of 
    proof.
    
    VIII. Reopener Clause
    
    A. Potential or Realized Impacts on Water Quality
    
        If there is evidence indicating potential or realized impacts on 
    water quality or on a listed endangered species due to any storm water 
    discharge associated with industrial activity covered by this permit, 
    the owner or operator of such discharge may be required to obtain an 
    individual permit or an alternative general permit in accordance with 
    Part VII.M. (Requiring an Individual Permit or an Alternative General 
    Permit) of this permit or the permit may be modified to include 
    different limitations and/or requirements.
    
    B. Applicable Regulations
    
        Permit modification or revocation will be conducted according to 40 
    CFR 122.62, 122.63, 122.64, and 124.5.
    
    IX. Termination of Coverage
    
    A. Notice of Termination
    
        Where all storm water discharges associated with industrial 
    activity that are authorized by this permit are eliminated, or where 
    the operator of storm water discharges associated with industrial 
    activity at a facility changes, the operator of the facility may submit 
    a Notice of Termination that is signed in accordance with Part VII.G. 
    (Signatory Requirements) of this permit. The Notice of Termination 
    shall include the following information:
        1. Facility Information. Name, mailing address, and location of the 
    facility for which the notification is submitted.Describe the location 
    of the approximate center of the site in terms of the latitude and 
    longitude to the nearest 15 seconds, or the section, 
    
    [[Page 51123]]
    township and range to the nearest quarter section;
        2. Operator Information. The name, address, and telephone number of 
    the operator addressed by the Notice of Termination;
        3. Permit Number. The NPDES permit number for the storm water 
    discharge associated with industrial activity identified by the Notice 
    of Termination;
        4. Reason for Termination. An indication of whether the storm water 
    discharges associated with industrial activity have been eliminated or 
    the operator of the discharges has changed; and
        5. Certification. The following certification signed in accordance 
    with Part VII.G. (Signatory Requirements) of this permit:
    
        I certify under penalty of law that all storm water discharges 
    associated with industrial activity from the identified facility 
    that are authorized by 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, that 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 submittal of this notice of termination does not 
    release an operator from liability for any violations of this permit 
    or the Clean Water Act.
    
    B. Addresses
    
         All Notices of Termination are to be sent, using the form provided 
    by the Director (or a photocopy thereof), 2 to the Director of the 
    NPDES program at the following address: Storm Water Notice of 
    Termination (4203), 401 M Street, S.W., Washington, D.C. 20460.
    
        \2\ A copy of the approved NOT form is provided in Addendum C of 
    this notice.
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    X. Definitions
    
        Best Management Practices (``BMPs'') means schedules of activities, 
    prohibitions of practices, maintenance procedures, and other management 
    practices to prevent or reduce the pollution of waters of the United 
    States. BMPs also include treatment requirements, operating procedures, 
    and practices to control facility site runoff, spillage or leaks, 
    sludge or waste disposal, or drainage from raw material storage.
        Bypass means the intentional diversion of waste streams from any 
    portion of a treatment facility.
        Coal pile runoff means the rainfall runoff from or through any coal 
    storage pile
        Co-located industrial activity means when a facility has industrial 
    activities being conducted onsite that are described under more than 
    one of the coverage sections of Part XI in this permit (Discharges 
    Covered Under This Section). Facilities with co-located industrial 
    activities shall comply with all applicable monitoring and pollution 
    prevention plan requirements of each section in which a co-located 
    industrial activity is described.
        CWA means Clean Water Act (formerly referred to as the Federal 
    Water Pollution Control Act or Federal Water Pollution Control Act 
    Amendments of 1972).
        Commercial Treatment and Disposal Facilities means facilities that 
    receive, on a commercial basis, any produced hazardous waste (not their 
    own) and treat or dispose of those wastes as a service to the 
    generators. Such facilities treating and/or disposing exclusively 
    residential hazardous wastes are not included in this definition.
        Director means the Regional Administrator or an authorized 
    representative.
        Flow-weighted composite sample means a composite sample consisting 
    of a mixture of aliquots collected at a constant time interval, where 
    the volume of each aliquot is proportional to the flow rate of the 
    discharge.
        Landfill means an area of land or an excavation in which wastes are 
    placed for permanent disposal, and that is not a land application unit, 
    surface impoundment, injection well, or waste pile.
        Land application unit means an area where wastes are applied onto 
    or incorporated into the soil surface (excluding manure spreading 
    operations) for treatment or disposal.
        Large and medium municipal separate storm sewer system means all 
    municipal separate storm sewers that are either:
        (i) located in an incorporated place (city) with a population of 
    100,000 or more as determined by the latest Decennial Census by the 
    Bureau of Census (these cities are listed in Appendices F and G of 40 
    CFR Part 122); or
        (ii) located in the counties with unincorporated urbanized 
    populations of 100,000 or more, except municipal separate storm sewers 
    that are located in the incorporated places, townships or towns within 
    such counties (these counties are listed in Appendices H and I of 40 
    CFR Part 122); or
        (iii) owned or operated by a municipality other than those 
    described in paragraph (i) or (ii) and that are designated by the 
    Director as part of the large or medium municipal separate storm sewer 
    system.
        NOT means notice of termination (see Part IX.A. of this permit.)
        Point source means any discernible, confined, and discrete 
    conveyance, including but not limited to, any pipe, ditch, channel, 
    tunnel, conduit, well, discrete fissure, container, rolling stock, 
    concentrated animal feeding operation, landfill leachate collection 
    system, vessel or other floating craft from which pollutants are or may 
    be discharged. This term does not include return flows from irrigated 
    agriculture or agricultural storm water runoff.
        Section 313 water priority chemical means a chemical or chemical 
    categories that: (1) Are listed at 40 CFR 372.65 pursuant to Section 
    313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) 
    (also known as Title III of the Superfund Amendments and 
    Reauthorization Act (SARA) of 1986); (2) are present at or above 
    threshold levels at a facility subject to EPCRA Section 313 reporting 
    requirements; and (3) meet at least one of the following criteria: (i) 
    are listed in Appendix D of 40 CFR Part 122 on either Table II (organic 
    priority pollutants), Table III (certain metals, cyanides, and phenols) 
    or Table V (certain toxic pollutants and hazardous substances); (ii) 
    are listed as a hazardous substance pursuant to Section 311(b)(2)(A) of 
    the CWA at 40 CFR 116.4; or (iii) are pollutants for which EPA has 
    published acute or chronic water quality criteria. See Addendum A of 
    this permit. This addendum was revised based on final rulemaking EPA 
    published in the Federal Register November 30, 1994.
        Significant materials includes, but is not limited to: raw 
    materials; fuels; materials such as solvents, detergents, and plastic 
    pellets; finished materials such as metallic products; raw materials 
    used in food processing or production; hazardous substances designated 
    under Section 101(14) of CERCLA; any chemical the facility is required 
    to report pursuant to EPCRA Section 313; fertilizers; pesticides; and 
    waste products such as ashes, slag and sludge that have the potential 
    to be released with storm water discharges.
        Significant spills includes, but is not limited to: releases of oil 
    or hazardous substances in excess of reportable quantities under 
    Section 311 of the Clean Water Act (see 40 CFR 110.10 and CFR 117.21) 
    or Section 102 of CERCLA (see 40 CFR 302.4).
        Storm water means storm water runoff, snow melt runoff, and surface 
    runoff and drainage.
    
    [[Page 51124]]
    
        Storm water associated with industrial activity means the discharge 
    from any conveyance that is used for collecting and conveying storm 
    water and that is directly related to manufacturing, processing or raw 
    materials storage areas at an industrial plant. The term does not 
    include discharges from facilities or activities excluded from the 
    NPDES program. For the categories of industries identified in 
    paragraphs (i) through (x) of this definition, the term includes, but 
    is not limited to, storm water discharges from industrial plant yards; 
    immediate access roads and rail lines used or traveled by carriers of 
    raw materials, manufactured products, waste material, or by-products 
    used or created by the facility; material handling sites; refuse sites; 
    sites used for the application or disposal of process waste waters (as 
    defined at 40 CFR Part 401); sites used for the storage and maintenance 
    of material handling equipment; sites used for residual treatment, 
    storage, or disposal; shipping and receiving areas; manufacturing 
    buildings; storage areas (including tank farms) for raw materials, and 
    intermediate and finished products; and areas where industrial activity 
    has taken place in the past and significant materials remain and are 
    exposed to storm water. For the categories of industries identified in 
    paragraph (xi) of this definition, the term includes only storm water 
    discharges from all areas (except access roads and rail lines) listed 
    in the previous sentence where material handling equipment or 
    activities, raw materials, intermediate products, final products, waste 
    materials, by-products, or industrial machinery are exposed to storm 
    water. For the purposes of this paragraph, material handling activities 
    include the storage, loading and unloading, transportation, or 
    conveyance of any raw material, intermediate product, finished product, 
    by-product or waste product. The term excludes areas located on plant 
    lands separate from the plant's industrial activities, such as office 
    buildings and accompanying parking lots as long as the drainage from 
    the excluded areas is not mixed with storm water drained from the above 
    described areas. Industrial facilities (including industrial facilities 
    that are Federally, State, or municipally owned or operated that meet 
    the description of the facilities listed in paragraphs (i) to (xi) of 
    this definition) include those facilities designated under 
    122.26(a)(1)(v). The following categories of facilities are considered 
    to be engaging in ``industrial activity'' for purposes of this 
    subsection:
        (i) Facilities subject to storm water effluent limitations 
    guidelines, new source performance standards, or toxic pollutant 
    effluent standards under 40 CFR Subchapter N (except facilities with 
    toxic pollutant effluent standards that are exempted under category 
    (xi) of this definition);
        (ii) Facilities classified as Standard Industrial Classifications 
    24 (except 2434), 26 (except 265 and 267), 28 (except 283 and 285), 29, 
    311, 32 (except 323), 33, 3441, 373;
        (iii) Facilities classified as Standard Industrial Classifications 
    10 through 14 (mineral industry) including active or inactive mining 
    operations (except for areas of coal mining operations no longer 
    meeting the definition of a reclamation area under 40 CFR 434.11(l) 
    because the performance bond issued to the facility by the appropriate 
    SMCRA authority has been released, or except for areas of noncoal 
    mining operations that have been released from applicable State or 
    Federal reclamation requirements after December 17, 1990) and oil and 
    gas exploration, production, processing, or treatment operations, or 
    transmission facilities that discharge storm water contaminated by 
    contact with or that has come into contact with, any overburden, raw 
    material, intermediate products, finished products, byproducts or waste 
    products located on the site of such operations; inactive mining 
    operations are mining sites that are not being actively mined, but that 
    have an identifiable owner/operator;
        (iv) Hazardous waste treatment, storage, or disposal facilities, 
    including those that are operating under interim status or a permit 
    under Subtitle C of RCRA;
        (v) Landfills, land application sites, and open dumps that have 
    received any industrial wastes (waste that is received from any of the 
    facilities described under this subsection) including those that are 
    subject to regulation under Subtitle D of RCRA;
        (vi) Facilities involved in the recycling of materials, including 
    metal scrapyards, battery reclaimers, salvage yards, and automobile 
    junkyards, including but limited to those classified as Standard 
    Industrial Classification 5015 and 5093;
        (vii) Steam electric power generating facilities, including coal 
    handling sites;
        (viii) Transportation facilities classified as Standard Industrial 
    Classifications 40, 41, 42 (except 4221-25), 43, 44, 45 and 5171 that 
    have vehicle maintenance shops, equipment cleaning operations, or 
    airport deicing operations. Only those portions of the facility that 
    are either involved in vehicle maintenance (including vehicle 
    rehabilitation, mechanical repairs, painting, fueling, and 
    lubrication), equipment cleaning operations, airport deicing 
    operations, or that are otherwise identified under paragraphs (i) to 
    (vii) or (ix) to (xi) of this subsection are associated with industrial 
    activity;
        (ix) Treatment works treating domestic sewage or any other sewage 
    sludge or wastewater treatment device or system, used in the storage 
    treatment, recycling, and reclamation of municipal or domestic sewage, 
    including land dedicated to the disposal of sewage sludge that are 
    located within the confines of the facility, with a design flow of 1.0 
    mgd or more, or required to have an approved pretreatment program under 
    40 CFR Part 403. Not included are farm lands, domestic gardens or lands 
    used for sludge management where sludge is beneficially reused and that 
    are not physically located in the confines of the facility, or areas 
    that are in compliance with 40 CFR Part 503;
        (x) Construction activity including clearing, grading and 
    excavation activities except: operations that result in the disturbance 
    of less than 5 acres of total land area that are not part of a larger 
    common plan of development or sale;
        (xi) Facilities under Standard Industrial Classifications 20, 21, 
    22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 
    (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and that are 
    not otherwise included within categories (i) to (x)).3
    
        \3\ On June 4, 1992, the United States Court of Appeals for the 
    Ninth Circuit remanded the exclusion for manufacturing facilities in 
    category (xi) that do not have materials or activities exposed to 
    storm water to the EPA for further rulemaking. (Nos. 90-70671 and 
    91-70200.)
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        Time-weighted composite means a composite sample consisting of a 
    mixture of equal volume aliquots collected at a constant time interval.
        Upset means an exceptional incident in which there is unintentional 
    and temporary noncompliance with the numeric effluent limitations of 
    Parts V. and XI. of this permit because of factors beyond the 
    reasonable control of the permittee. An upset does not include 
    noncompliance to the extent caused by operational error, improperly 
    designed treatment facilities, inadequate treatment facilities, lack of 
    preventive maintenance, or careless or improper operation.
        Waste pile means any noncontainerized accumulation of solid, 
    nonflowing waste that is used for treatment or storage.
        Waters of the United States means:
    
    [[Page 51125]]
    
        a. All waters that are currently used, were used in the past, or 
    may be susceptible to use in interstate or foreign commerce, including 
    all waters that are subject to the ebb and flow of the tide;
        b. All interstate waters, including interstate wetlands;
        c. All other waters such as interstate lakes, rivers, streams 
    (including intermittent streams), mudflats, sandflats, wetlands, 
    sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds 
    the use, degradation, or destruction of which would affect or could 
    affect interstate or foreign commerce including any such waters:
        1. That are or could be used by interstate or foreign travelers for 
    recreational or other purposes;
        2. From which fish or shellfish are or could be taken and sold in 
    interstate or foreign commerce; or
        3. That are used or could be used for industrial purposes by 
    industries in interstate commerce;
        d. All impoundments of waters otherwise defined as waters of the 
    United States under this definition;
        e. Tributaries of waters identified in paragraphs (a) through (d) 
    of this definition;
        f. The territorial sea; and
        g. Wetlands adjacent to waters (other than waters that are 
    themselves wetlands) identified in paragraphs (a) through (f) of this 
    definition.
        (Waste treatment systems, including treatment ponds or lagoons 
    designed to meet the requirements of CWA are not waters of the United 
    States.)
    
    Specific Requirements for Industrial Activities
    
    A. Storm Water Discharges Associated With Industrial Activity From 
    Timber Products Facilities
    
        1. Discharges Covered Under This Section. The requirements listed 
    under this section shall apply to storm water discharges from the 
    following activities: establishments [generally classified under 
    Standard Industrial Classification (SIC) Major Group 24] that are 
    engaged in cutting timber and pulpwood, merchant sawmills, lath mills, 
    shingle mills, cooperage stock mills, planing mills, and plywood and 
    veneer mills engaged in producing lumber and wood basic materials; and 
    establishments engaged in wood preserving or in manufacturing finished 
    articles made entirely of wood or related materials, except for wood 
    kitchen cabinet manufacturers (SIC Code 2434), which are addressed 
    under Part XI.W. of this permit.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        2. Special Conditions.
        a. Prohibition of Non-storm Water Discharges.
        (1) Discharges of boiler blowdown and water treatment wastewaters, 
    noncontact and contact cooling waters, wash down waters from treatment 
    equipment, and storm water that has come in contact with areas where 
    spraying of chemical formulations designed to provide surface 
    protection, to waters of the United States, or through municipal 
    separate storm sewer systems are not authorized by this permit. The 
    operators of such discharges must obtain coverage under a separate 
    NPDES discharge permit.
        (2) In addition to the discharges described in part III.A.2., the 
    following non-storm water discharges may be authorized by this permit 
    provided the non-storm water component of the discharge is in 
    compliance with paragraph XI.A.3.a.(3)(g)(i) (Measures and Controls for 
    Non-storm Water Discharges): discharges from the spray down of lumber 
    and wood product storage yards where no chemical additives are used in 
    the spray down waters and no chemicals are applied to the wood during 
    storage.
        3. Storm Water Pollution Prevention Plan Requirements.
        a. Contents of Plan. The plan shall include, at a minimum, the 
    following items:
        (1) Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team that are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility or plant manager in its implementation, maintenance, and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        (2) Description of Potential Pollutant Sources. Each plan shall 
    provide a description of potential sources that may reasonably be 
    expected to add significant amounts of pollutants to storm water 
    discharges or that may result in the discharge of pollutants during dry 
    weather from separate storm sewers draining the facility. Each plan 
    shall identify all activities and significant materials that may 
    potentially be significant pollutant sources. Each plan shall include, 
    at a minimum:
        (a) Drainage.
        (i) A site map indicating the location of outfalls covered by the 
    permit, the types of discharges contained in the drainage areas of the 
    outfalls, an outline of the portions of the drainage area of each storm 
    water outfall that are within the facility boundaries, each existing 
    structural control measure to reduce pollutants in storm water runoff, 
    surface water bodies, locations where significant materials are exposed 
    to precipitation, locations where major spills or leaks identified 
    under Part XI.A.3.a.(2)(c) (Spills and Leaks) of this permit have 
    occurred, and the locations of the following activities where such 
    activities are exposed to precipitation: fueling stations; vehicle and 
    equipment maintenance and/or cleaning areas; loading/unloading areas; 
    material handling areas; locations used for the treatment, storage, or 
    disposal of wastes; liquid storage tanks; processing areas; treatment 
    chemical storage areas; treated wood and residue storage areas; wet 
    decking areas; dry decking areas; untreated wood and residue storage 
    areas; and treatment equipment storage areas.
        (ii) For each area of the facility that generates storm water 
    discharges associated with industrial activity with a reasonable 
    potential for containing significant amounts of pollutants, a 
    prediction of the direction of flow, and an identification of the types 
    of pollutants that are likely to be present in storm water discharges 
    associated with industrial activity. Factors to consider include the 
    toxicity of chemicals; quantity of chemicals used, produced or 
    discharged; the likelihood of contact with storm water; and history of 
    significant leaks or spills of toxic or hazardous pollutants. Flows 
    with a significant potential for causing erosion shall be identified.
        (b) Inventory of Exposed Materials--An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation. Such inventory shall include a narrative 
    
    [[Page 51126]]
    description of significant materials that have been handled, treated, 
    stored or disposed in a manner to allow exposure to storm water between 
    the time of 3 years prior to the date of submission of a Notice of 
    Intent (NOI) to be covered under this permit and the present; method 
    and location of onsite storage or disposal; materials management 
    practices employed to minimize contact of materials with storm water 
    runoff between the time of 3 years prior to the date of the submission 
    of a Notice of Intent (NOI) to be covered under this permit and the 
    present; the location and a description of existing structural and 
    nonstructural control measures to reduce pollutants in storm water 
    runoff; and a description of any treatment the storm water receives. 
    The inventory of exposed materials shall include, but shall not be 
    limited to the significant materials stored exposed to storm water and 
    material management practices employed that were listed for the 
    facility in the approved group application. Where information is 
    available, facilities that have used chlorophenolic, creosote, or 
    chromium-copper-arsenic formulations for wood surface protection or 
    wood preserving activities onsite in the past should identify in the 
    inventory the following: areas where contaminated soils, treatment 
    equipment, and stored materials still remain and management practices 
    employed to minimize the contact of these materials with storm water 
    runoff.
        (c) Spills and Leaks--A list of significant spills and significant 
    leaks of toxic or hazardous pollutants that occurred at areas that are 
    exposed to precipitation or that otherwise drain to a storm water 
    conveyance at the facility after the date of 3 years prior to the date 
    of submission of a Notice of Intent (NOI) to be covered under this 
    permit. Such list shall be updated as appropriate during the term of 
    the permit.
        (d) Sampling Data--A summary of existing discharge sampling data 
    describing pollutants in storm water discharges from the facility, 
    including a summary of sampling data collected during the term of this 
    permit.
        (e) Risk Identification and Summary of Potential Pollutant 
    Sources--A narrative description of the potential pollutant sources 
    from the following activities: loading and unloading operations; 
    outdoor storage activities; outdoor manufacturing or processing 
    activities; significant dust or particulate generating processes; and 
    onsite waste disposal practices. The description shall specifically 
    list any significant potential source of pollutants at the site and for 
    each potential source, any specific pollutant or pollutant parameter 
    (e.g., total suspended solids, biochemical oxygen demand, chemical 
    oxygen demand, oil and grease, arsenic, copper, chromium, 
    pentachlorophenol, other specific metals, toxicity, etc.) of concern 
    shall be identified.
        (3) Measures and Controls. Each facility covered by this permit 
    shall develop a description of storm water best management practices 
    (BMPs) and controls appropriate for the facility and implement such 
    controls. The appropriateness of controls in a plan shall reflect 
    identified potential sources of pollutants at the facility. The 
    description of storm water management controls shall address the 
    following areas of the site: log, lumber and other wood product storage 
    areas; residue storage areas, loading and unloading areas; material 
    handling areas; chemical storage areas; and equipment/vehicle 
    maintenance, storage and repair areas. Facilities that surface protect 
    and/or preserve wood products should address specific BMPs for wood 
    surface protection and preserving activities. The pollution prevention 
    plan should address the following minimum components, including a 
    schedule for implementing such controls:
        (a) Good Housekeeping--Good housekeeping requires the maintenance 
    of areas that may contribute pollutants to storm water discharges in a 
    clean, orderly manner. Good housekeeping measures in storage areas, 
    loading and unloading areas, and material handling areas should be 
    designed to: 1) limit the discharge of wood debris; 2) minimize the 
    leachate generated from decaying wood materials; and 3) minimize the 
    generation of dust.
        (b) Preventive Maintenance--A preventive maintenance program shall 
    involve timely inspection and maintenance of storm water management 
    devices (e.g., cleaning oil/water separators, catch basins) as well as 
    inspecting and testing facility equipment and systems to uncover 
    conditions that could cause breakdowns or failures resulting in 
    discharges of pollutants to surface waters, and ensuring appropriate 
    maintenance of such equipment and systems. Periodic removal of debris 
    from ditches, swales, diversions, containment basins, sediment ponds 
    and infiltration measures should be performed to limit discharges of 
    solids and to maintain the effectiveness of the controls.
        (c) Spill Prevention and Response Procedures--Areas where potential 
    spills that can contribute pollutants to storm water discharges can 
    occur, and their accompanying drainage points shall be identified 
    clearly in the storm water pollution prevention plan. Where 
    appropriate, specifying material handling procedures, storage 
    requirements, and use of equipment such as diversion valves in the plan 
    should be considered. Procedures for cleaning up spills shall be 
    identified in the plan and made available to the appropriate personnel. 
    The necessary equipment to implement a cleanup should be available to 
    personnel. Response schedules should be developed to limit tracking of 
    spilled materials to other areas of the site. Leaks or spills of wood 
    surface protection or preservation chemicals shall be cleaned up 
    immediately in accordance with applicable RCRA regulations at 40 CFR 
    Part 264 and 40 CFR Part 265.
        (d) Inspections--In addition to or as part of the comprehensive 
    site evaluation required under paragraph XI.A.3.a.(4) of this section, 
    qualified facility personnel shall be identified to inspect designated 
    equipment and areas of the facility at appropriate intervals specified 
    in the plan. Operators of facilities are required to conduct quarterly 
    visual inspections of BMPs. The inspections shall include: 1) an 
    assessment of the integrity of storm water discharge diversions, 
    conveyance systems, sediment control and collection systems, and 
    containment structures; 2) visual inspection of sediment and erosion 
    BMPs to determine if soil erosion has occurred; and 3) visual 
    inspections of storage areas and other potential sources of pollution 
    for evidence of actual or potential pollutant discharges of 
    contaminated storm water.
        Material handling, and unloading and loading areas should be 
    inspected daily whenever industrial activities occur in those areas. If 
    no activities are occurring, no inspection is required.
        Inspections at processing areas, transport areas, and treated wood 
    storage areas of facilities performing wood surface protection and 
    preservation activities should be performed monthly to assess the 
    usefulness of practices in minimizing drippage of treatment chemicals 
    on unprotected soils and in areas that will come in contact with storm 
    water discharges.
        A set of tracking or follow-up procedures shall be used to ensure 
    that appropriate actions are taken in response to the inspections. 
    Records of inspections shall be maintained.
        (e) Employee Training--Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management 
    
    [[Page 51127]]
    at all levels of responsibility of the components and goals of the 
    storm water pollution prevention plan. Training should address topics 
    such as spill response, good housekeeping and material management 
    practices. The pollution prevention plan shall identify periodic dates 
    for such training.
        (f) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents (such as spills, or other discharges), along with other 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. 
    Inspections and maintenance activities shall be documented and records 
    of such activities shall be incorporated into the plan.
        (g) Non-storm Water Discharges.
        (i) The plan shall include a certification that the discharge has 
    been tested or evaluated for the presence of non-storm water 
    discharges. The certification shall include the identification of 
    potential significant sources of non-storm water at the site, a 
    description of the results of any test and/or evaluation for the 
    presence of non-storm water discharges, the evaluation criteria or 
    testing method used, the date of any testing and/or evaluation, and the 
    onsite drainage points that were directly observed during the test. 
    Certifications shall be signed in accordance with Part VII.G. of this 
    permit. Such certification may not be feasible if the facility 
    operating the storm water discharge associated with industrial activity 
    does not have access to an outfall, manhole, or other point of access 
    to the ultimate conduit that receives the discharge. In such cases, the 
    source identification section of the storm water pollution prevention 
    plan shall indicate why the certification required by this part was not 
    feasible, along with the identification of potential significant 
    sources of non-storm water at the site. A discharger that is unable to 
    provide the certification required by this paragraph must notify the 
    Director in accordance with paragraph XI.A.3.a.(3)(g)(iii) (below).
        (ii) Except for flows from fire fighting activities, sources of 
    non-storm water listed in Part III.A.2. (Prohibition of Non-storm Water 
    Discharges) of this permit that are combined with storm water 
    discharges associated with industrial activity must be identified in 
    the plan. The plan shall identify and ensure the implementation of 
    appropriate pollution prevention measures for the non-storm water 
    component(s) of the discharge.
        (iii) Failure to Certify--Any facility that is unable to provide 
    the certification required (testing for non-storm water discharges), 
    must notify the Director by [Insert date 270 days after permit 
    issuance] or, for facilities that begin to discharge storm water 
    associated with industrial activity after [Insert date of permit 
    issuance], 180 days after submitting an NOI to be covered by this 
    permit. If the failure to certify is caused by the inability to perform 
    adequate tests or evaluations, such notification shall describe: the 
    procedure of any test conducted for the presence of non-storm water 
    discharges; the results of such test or other relevant observations; 
    potential sources of non-storm water discharges to the storm sewer; and 
    why adequate tests for such storm sewers were not feasible. Non-storm 
    water discharges to waters of the United States that are not authorized 
    by an NPDES permit are unlawful, and must be terminated.
        (h) Sediment and Erosion Control--The plan shall identify areas 
    that, due to topography, activities, or other factors, have a high 
    potential for significant soil erosion, and identify structural, 
    vegetative, and/or stabilization measures to be used to limit erosion. 
    When developing the plan, the following areas of the site should be 
    considered: loading and unloading areas, access roads, material 
    handling areas, storage areas, and any other areas where heavy 
    equipment and vehicle use is prevalent. The following erosion and 
    sediment controls shall be considered to minimize the discharge of 
    sediments from the site: stabilization measures such as seeding, 
    mulching, contouring, porous pavement, paving and sodding or its 
    equivalent and structural measures such as sediment traps and silt 
    fences or other equivalent measures.
        (i) Management of Runoff--The plan shall contain a narrative 
    consideration of the appropriateness of traditional storm water 
    management practices (practices other than those that control the 
    generation or source(s) of pollutants) used to divert, infiltrate, 
    reuse, or otherwise manage storm water runoff in a manner that reduces 
    pollutants in storm water discharges from the site. The plan shall 
    provide that measures that the permittee determines to be reasonable 
    and appropriate shall be implemented and maintained. The potential of 
    various sources at the facility to contribute pollutants to storm water 
    discharges associated with industrial activity [see paragraph 
    XI.A.3.a.(2) of this section (Description of Potential Pollutant 
    Sources)] shall be considered when determining reasonable and 
    appropriate measures. Appropriate measures may include: vegetative 
    swales and practices, reuse of collected storm water (such as for a 
    process or as an irrigation source), inlet controls (such as oil/water 
    separators), snow management activities, infiltration devices, and wet 
    detention/retention devices or other equivalent measures.
        (4) Comprehensive Site Compliance Evaluation. Personnel 
    knowledgeable about storm water management as it relates to the 
    facility shall conduct site compliance evaluations at appropriate 
    intervals specified in the plan, but in no case less than once a year. 
    Such evaluations shall include the following:
        (a) Areas contributing to a storm water discharge associated with 
    industrial activity such as loading/unloading areas, material handling 
    areas, locations used for the treatment, storage or disposal of wastes, 
    liquid storage tanks, processing areas, treatment chemical storage 
    areas, treated wood and residue storage areas, wet decking areas, dry 
    decking areas, untreated wood and residue storage areas, and treatment 
    equipment storage areas shall be visually inspected for evidence of, or 
    the potential for, pollutants entering the drainage system. Measures to 
    reduce pollutant loadings shall be evaluated to determine whether they 
    are adequate and properly implemented in accordance with the terms of 
    the permit or whether additional control measures are needed. 
    Structural storm water management measures, sediment and erosion 
    control measures, and other structural pollution prevention measures 
    identified in the plan shall be observed to ensure that they are 
    operating correctly. A visual inspection of equipment needed to 
    implement the plan, such as spill response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    paragraph XI.A.3.a.(2) of this section (Description of Potential 
    Pollutant Sources) and pollution prevention measures and controls 
    identified in the plan in accordance with paragraph XI.A.3.a.(3) of 
    this section (Measures and Controls) shall be revised as appropriate 
    within 2 weeks of such evaluation and shall provide for implementation 
    of any changes to the plan in a timely manner, but in no case more than 
    12 weeks after the evaluation.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan, and actions taken in accordance with 
    paragraph XI.A.3.a.(4)(b) (above) of the permit shall be made and 
    retained as part of the 
    
    [[Page 51128]]
    storm water pollution prevention plan for at least 3 years from the 
    date of the evaluation. The report shall identify any incidents of 
    noncompliance. Where a report does not identify any incidents of 
    noncompliance, the report shall contain a certification that the 
    facility is in compliance with the storm water pollution prevention 
    plan and this permit. The report shall be signed in accordance with 
    Part VII.G. (Signatory Requirements) of this permit.
        (d) Where compliance evaluation schedules overlap with inspections 
    required under 3.a.(3)(d), the compliance evaluation may be conducted 
    in place of one such inspection.
        4. Numeric Effluent Limitations. There are no additional numeric 
    effluent limitations beyond those described in Part V.B. of this 
    permit.
        5. Monitoring and Reporting Requirements.
        a. Analytical Monitoring Requirements. During the period beginning 
    [insert date 1 year after permit issuance] lasting through [insert date 
    2 years after permit issuance] and the period beginning [insert date 3 
    years after permit issuance] lasting through [insert date 4 years after 
    permit issuance], permittees with timber product facilities must 
    monitor their storm water discharges associated with industrial 
    activity at least quarterly (4 times per year) during years 2 and 4 
    except as provided in paragraphs 5.a.(3) (Sampling Waiver), 5.a.(4) 
    (Representative Discharge), and 5.a.(5) (Alternative Certification). 
    Timber product facilities are required to monitor their storm water 
    discharges for the pollutants of concern listed in the appropriate 
    table (Tables A-1, A-2, A-3 or A-4). Facilities must report in 
    accordance with 5.b. (Reporting). In addition to the parameters listed 
    in Tables A-1, A-2, A-3 and A-4 below, the permittee shall provide the 
    date and duration (in hours) of the storm event(s) sampled; rainfall 
    measurements or estimates (in inches) of the storm event that generated 
    the sampled runoff; the duration between the storm event sampled and 
    the end of the previous measurable (greater than 0.1 inch rainfall) 
    storm event; and an estimate of the total volume (in gallons) of the 
    discharge sampled.
    
      Table A-1.--Monitoring Requirements for General Sawmills and Planning 
                                Mills Facilities                            
    ------------------------------------------------------------------------
                                                             Monitoring cut-
                     Pollutants of concern                         off      
                                                              concentration 
    ------------------------------------------------------------------------
    Chemical Oxygen Demand................................  120.0 mg/L      
    Total Suspended Solids................................  100 mg/L        
    Total Recoverable Zinc,...............................  0.065 mg/L      
    ------------------------------------------------------------------------
    
    
       Table A-2.--Monitoring Requirements for Wood Preserving Facilities   
    ------------------------------------------------------------------------
                                                             Monitoring cut-
                     Pollutant of concern                          off      
                                                              concentration 
    ------------------------------------------------------------------------
    Total Recoverable Arsenic.............................  0.16854 mg/L    
    Total Recoverable Copper..............................  0.0636 mg/L     
    ------------------------------------------------------------------------
    
    
         Table A-3.--Monitoring for Log Storage and Handling Facilities     
    ------------------------------------------------------------------------
                                                             Monitoring cut-
                     Pollutant of concern                          off      
                                                              concentration 
    ------------------------------------------------------------------------
    Total Suspended Solids................................  100 mg/L        
    ------------------------------------------------------------------------
    
    
     Table A-4.--Monitoring Requirements for Hardwood Dimension and Flooring
      Mills; Special Products Sawmills, Not Elsewhere Classified; Millwork, 
    Veneer, Plywood and Structural Wood; Wood Containers; Wood Buildings and
     Mobile Homes; Reconstituted Wood Products; and Wood Products Facilities
                            Not Elsewhere Classified                        
    ------------------------------------------------------------------------
                                                             Monitoring cut-
                     Pollutants of concern                         off      
                                                              concentration 
    ------------------------------------------------------------------------
    Chemical Oxygen Demand................................  120 mg/L        
    Total Suspended Solids................................  100 mg/L        
    ------------------------------------------------------------------------
    
        (1) Monitoring Periods. Facilities required to perform monitoring 
    shall monitor samples collected during the sampling periods of: January 
    through March, April through June, July through September, and October 
    through December for the years specified in paragraph a. (above).
        (2) Sample Type. A minimum of one grab sample shall be taken. All 
    such samples shall be collected from the discharge resulting from a 
    storm event that is greater than 0.1 inches in magnitude and that 
    occurs at least 72 hours from the previously measurable (greater than 
    0.1 inch rainfall) storm event. The required 72-hour storm event 
    interval is waived where the preceding measurable storm event did not 
    result in a measurable discharge from the facility. The required 72-
    hour storm event interval may also be waived where the permittee 
    documents that less than a 72-hour interval is representative for local 
    storm events during the season when sampling is being conducted. The 
    grab sample shall be taken during the first 30 minutes of the 
    discharge. If the collection of a grab sample during the first 30 
    minutes is impracticable, a grab sample can be taken during the first 
    hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable. If storm water discharges associated with 
    industrial activity commingle with process or nonprocess water, then 
    where practicable permittees must attempt to sample the storm water 
    discharge before it mixes with the non-storm water discharge.
        (3) Sampling Waiver.
        (a) Adverse Conditions--When a discharger is unable to collect 
    samples within a specified sampling period due to adverse climatic 
    conditions, the discharger shall collect a substitute sample from a 
    separate qualifying event in the next monitoring period and submit the 
    data along with the data for the routine sample in that period. Adverse 
    weather conditions that may prohibit the collection of samples include 
    weather conditions that create dangerous or inaccessible conditions for 
    personnel (such as local flooding, high winds, hurricane, tornadoes, 
    electrical storms, etc.) or otherwise make the collection of a sample 
    impracticable (drought, extended frozen conditions, etc.).
        (b) Low Concentration Waiver--When the average concentration for a 
    pollutant calculated from all monitoring data collected from an outfall 
    during the monitoring period [insert date 1 year after permit issuance] 
    lasting through [insert date 2 years after permit issuance] is less 
    than the corresponding value for that pollutant listed in Table A-1 
    under the column Monitoring Cut-off Concentration, a facility may waive 
    monitoring and reporting requirements in the monitoring period 
    beginning [insert date 3 years after permit issuance] lasting through 
    [insert date 4 years after permit issuance]. The facility must submit 
    to the Director, in lieu of the monitoring data, a certification that 
    there has not been a significant change in industrial activity or the 
    pollution prevention measures in area of the facility that drains to 
    the outfall for which sampling was waived. 
    
    [[Page 51129]]
    
        (c) When a discharger is unable to conduct quarterly chemical storm 
    water sampling at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirements as long 
    as the facility remains inactive and unstaffed. The facility must 
    submit to the Director, in lieu of monitoring data, a certification 
    statement on the DMR stating that the site is inactive and unstaffed so 
    that collecting a sample during a qualifying event is not possible.
        (4) Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluents. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan. The permittee shall 
    include the description of the location of the outfalls, explanation of 
    why outfalls are expected to discharge substantially identical 
    effluents, and estimate of the size of the drainage area and runoff 
    coefficient with the Discharge Monitoring Report.
        (5) Alternative Certification. A discharger is not subject to the 
    monitoring requirements of this section provided the discharger makes a 
    certification for a given outfall, or on a pollutant-by-pollutant basis 
    in lieu of monitoring reports required under paragraph (b) below, under 
    penalty of law, signed in accordance with Part VII.G. (Signatory 
    Requirements), that material handling equipment or activities, raw 
    materials, intermediate products, final products, waste materials, by-
    products, industrial machinery or operations, or significant materials 
    from past industrial activity that are located in areas of the facility 
    within the drainage area of the outfall are not presently exposed to 
    storm water and are not expected to be exposed to storm water for the 
    certification period. Such certification must be retained in the storm 
    water pollution prevention plan, and submitted to EPA in accordance 
    with Part VI.C. of this permit. In the case of certifying that a 
    pollutant is not present, the permittee must submit the certification 
    along with the monitoring reports required under paragraph (b) below. 
    If the permittee cannot certify for an entire period, they must submit 
    the date exposure was eliminated and any monitoring required up until 
    that date. This certification option is not applicable to compliance 
    monitoring requirements associated with effluent limitations.
        (b). Reporting. Permittees shall submit monitoring results for each 
    outfall associated with industrial activity [or a certification in 
    accordance with Sections (3), (4), or (5) above] obtained during the 
    reporting period beginning [insert date 1 year after permit issuance] 
    lasting through [insert date 2 years after permit issuance] on 
    Discharge Monitoring Report Form(s) postmarked no later than the 31st 
    day of the following March [insert the date 2 years after permit 
    issuance]. Monitoring results [or a certification in accordance with 
    Sections (3), (4), or (5) above] obtained during the period beginning 
    [insert date 3 years after permit issuance] lasting through [insert 
    date 4 years after permit issuance] shall be submitted on Discharge 
    Monitoring Report Form(s) postmarked no later than the 31st day of the 
    following March. For each outfall, one signed Discharge Monitoring 
    Report form must be submitted to the Director per storm event sampled. 
    Signed copies of Discharge Monitoring Reports, or said certifications, 
    shall be submitted to the Director of the NPDES program at the address 
    of the appropriate Regional Office listed in Part VI.G. of the fact 
    sheet to this permit.
        (1) Additional Notification. In addition to filing copies of 
    discharge monitoring reports in accordance with paragraph b (above), 
    facilities engaged in wood preservation and/or surface protection with 
    at least one storm water discharge associated with industrial activity 
    through a large or medium municipal separate storm sewer system 
    (systems serving a population of 100,000 or more) must submit signed 
    copies of discharge monitoring reports to the operator of the municipal 
    separate storm sewer system in accordance with the dates provided in 
    paragraph b (above).
        c. Quarterly Visual Examination of Storm Water Quality. All timber 
    products facilities shall perform and document a visual examination of 
    a storm water discharge associated with industrial activity from each 
    outfall, except discharges exempted below. The examination(s) must be 
    made at least once in each of the following three-month periods: 
    January through March, April through June, July through September, and 
    October through December. The examination shall be made during daylight 
    hours unless there is insufficient rainfall or snow melt to produce a 
    runoff event.
        (1) Examinations shall be made of samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    1 hour) of when the runoff or snowmelt begins discharging. The 
    examination shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual should carry out the collection and 
    examination of discharges for the entire permit term.
        (2) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (3) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfall(s) provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an 
    
    [[Page 51130]]
    estimate of the runoff coefficient of the drainage area [e.g., low 
    (under 40 percent), medium (40 to 65 percent), or high (above 65 
    percent)] shall be provided in the plan.
        (4) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examinations. Adverse weather conditions that may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (5) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility remains inactive and unstaffed. The facility must maintain 
    a certification with the pollution prevention plan stating that the 
    site is inactive and unstaffed so that performing visual examinations 
    during a qualifying event is not feasible.
    
    B. Storm Water Discharges Associated With Industrial Activity From 
    Paper And Allied Products Manufacturing Facilities
    
        1. Discharges Covered Under This Section. The requirements listed 
    under this section shall apply to storm water discharges from the 
    following activities: facilities engaged in the manufacture of pulps 
    from wood and other cellulose fibers and from rags; the manufacture of 
    paper and paperboard into converted products, such as paper coated off 
    the paper machine, paper bags, paper boxes and envelopes; and 
    establishments primarily engaged in manufacturing bags of plastic film 
    and sheet. These facilities are commonly identified by Standard 
    Industrial Classification (SIC) Major Group 26.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        2. Special Conditions.
        a. Prohibition of Non-storm Water Discharges. There are no 
    additional requirements beyond those in Part III.A. of this permit.
        3. Storm Water Pollution Prevention Plan Requirements.
        a. Contents of Plan. The plan shall include, at a minimum, the 
    following items:
        (1) Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team that are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility or plant manager in its implementation, maintenance, and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        (2) Description of Potential Pollutant Sources. Each plan shall 
    provide a description of potential sources that may reasonably be 
    expected to add significant amounts of pollutants to storm water 
    discharges or that may result in the discharge of pollutants during dry 
    weather from separate storm sewers draining the facility. Each plan 
    shall identify all activities and significant materials that may 
    potentially be significant pollutant sources. Each plan shall include, 
    at a minimum:
        (a) Drainage.
        (i) A site map indicating an outline of the portions of the 
    drainage area of each storm water outfall that are within the facility 
    boundaries, each existing structural control measure to reduce 
    pollutants in storm water runoff, surface water bodies, locations where 
    significant materials are exposed to precipitation, locations where 
    major spills or leaks identified under Part XI.B.3.a.(2)(c) (Spills and 
    Leaks) of this permit have occurred, and the locations of the following 
    activities where such activities are exposed to precipitation: fueling 
    stations, vehicle and equipment maintenance and/or cleaning areas, 
    loading/unloading areas, locations used for the treatment, storage or 
    disposal of wastes and wastewaters, locations used for the treatment, 
    filtration, or storage of water supplies, liquid storage tanks, 
    processing areas, and storage areas. The map must indicate the outfall 
    locations and the types of discharges contained in the drainage areas 
    of the outfalls.
        (ii) For each area of the facility that generates storm water 
    discharges associated with industrial activity with a reasonable 
    potential for containing significant amounts of pollutants, a 
    prediction of the direction of flow, and an identification of the types 
    of pollutants that are likely to be present in storm water discharges 
    associated with industrial activity. Factors to consider include the 
    toxicity of chemical; quantity of chemicals used, produced or 
    discharged; the likelihood of contact with storm water; and history of 
    significant leaks or spills of toxic or hazardous pollutants. Flows 
    with a significant potential for causing erosion shall be identified.
        (b) Inventory of Exposed Materials--An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation. Such inventory shall include a narrative description of 
    significant materials that have been handled, treated, stored or 
    disposed in a manner to allow exposure to storm water between the time 
    of 3 years prior to the date of submission of a Notice of Intent (NOI) 
    to be covered under this permit and the present; method and location of 
    onsite storage or disposal; materials management practices employed to 
    minimize contact of materials with storm water runoff between the time 
    of 3 years prior to the date of the submission of a Notice of Intent 
    (NOI) to be covered under this permit and the present; the location and 
    a description of existing structural and nonstructural control measures 
    to reduce pollutants in storm water runoff; and a description of any 
    treatment the storm water receives. The inventory of exposed materials 
    shall include, but shall not be limited to the significant materials 
    stored exposed to storm water and material management practices 
    employed that were listed for the facility in the approved group 
    application.
        (c) Spills and Leaks--A list of significant spills and significant 
    leaks of toxic or hazardous pollutants that occurred at areas that are 
    exposed to precipitation or that otherwise drain to a storm water 
    conveyance at the facility after the date of 3 years prior to the date 
    of submission of a Notice of Intent (NOI) to be covered under this 
    permit. Such list shall be updated as appropriate during the term of 
    the permit.
        (d) Sampling Data--A summary of existing discharge sampling data 
    describing pollutants in storm water 
    
    [[Page 51131]]
    discharges from the facility, including a summary of sampling data 
    collected during the term of this permit.
        (e) Risk Identification and Summary of Potential Pollutant 
    Sources--A narrative description of the potential pollutant sources 
    from the following activities: loading and unloading operations; 
    outdoor storage activities; outdoor manufacturing or processing 
    activities; significant dust or particulate generating processes; and 
    onsite waste disposal practices, and wastewater treatment activities to 
    include sludge drying, storage, application or disposal activities. The 
    description shall specifically list any significant potential source of 
    pollutants at the site and for each potential source, any pollutant or 
    pollutant parameter (e.g., biochemical oxygen demand, etc.) of concern 
    shall be identified.
        (3) Measures and Controls. Each facility covered by this permit 
    shall develop a description of storm water management controls 
    appropriate for the facility, and implement such controls. The 
    appropriateness and priorities of controls in a plan shall reflect 
    identified potential sources of pollutants at the facility. The 
    description of storm water management controls shall address the 
    following minimum components, including a schedule for implementing 
    such controls:
        (a) Good Housekeeping--Good housekeeping requires the maintenance 
    of areas that may contribute pollutants to storm water discharges in a 
    clean, orderly manner. The plan shall describe procedures performed to 
    minimize contact of materials with storm water runoff. Examples include 
    cleaning of lots and roofs that collect debris; routine cleaning of 
    wastewater treatment, and other waste disposal (such as sludge 
    handling) locations.
        (b) Preventive Maintenance--A preventive maintenance program shall 
    involve timely inspection and maintenance of storm water management 
    devices (e.g., cleaning oil/water separators, catch basins) as well as 
    inspecting and testing facility equipment and systems to uncover 
    conditions that could cause breakdowns or failures resulting in 
    discharges of pollutants to surface waters, and ensuring appropriate 
    maintenance of such equipment and systems.
        (c) Spill Prevention and Response Procedures--Areas where potential 
    spills that can contribute pollutants to storm water discharges can 
    occur, and their accompanying drainage points shall be identified 
    clearly in the storm water pollution prevention plan. Where 
    appropriate, specifying material handling procedures, storage 
    requirements, and use of equipment such as diversion valves in the plan 
    should be considered. Procedures for cleaning up spills shall be 
    identified in the plan and made available to the appropriate personnel. 
    The necessary equipment to implement a clean up should be available to 
    personnel.
        (d) Inspections--Qualified facility personnel shall be identified 
    to inspect designated equipment and areas of the facility at 
    appropriate intervals specified in the plan. A set of tracking or 
    follow-up procedures shall be used to ensure that appropriate actions 
    are taken in response to the inspections. Records of inspections shall 
    be maintained.
        (e) Employee Training--Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management at all levels of responsibility of the 
    components and goals of the storm water pollution prevention plan. 
    Training should address topics such as spill response, good 
    housekeeping and material management practices. The pollution 
    prevention plan shall identify periodic dates for such training.
        (f) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents (such as spills, or other discharges), along with other 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. 
    Inspections and maintenance activities shall be documented and records 
    of such activities shall be incorporated into the plan.
        (g) Non-storm Water Discharges.
        (i) The plan shall include a certification that the discharge has 
    been tested or evaluated for the presence of non-storm water 
    discharges. The certification shall include the identification of 
    potential significant sources of non-storm water at the site, a 
    description of the results of any test and/or evaluation for the 
    presence of non-storm water discharges, the evaluation criteria or 
    testing method used, the date of any testing and/or evaluation, and the 
    onsite drainage points that were directly observed during the test. 
    Certifications shall be signed in accordance with Part VII.G. of this 
    permit. Such certification may not be feasible if the facility 
    operating the storm water discharge associated with industrial activity 
    does not have access to an outfall, manhole, or other point of access 
    to the ultimate conduit that receives the discharge. In such cases, the 
    source identification section of the storm water pollution prevention 
    plan shall indicate why the certification required by this part was not 
    feasible, along with the identification of potential significant 
    sources of non-storm water at the site. A discharger that is unable to 
    provide the certification required by this paragraph must notify the 
    Director in accordance with paragraph (iii) (below).
        (ii) Except for flows from fire fighting activities, sources of 
    non-storm water listed in Part III.A.2. of this permit that are 
    combined with storm water discharges associated with industrial 
    activity must be identified in the plan. The plan shall identify and 
    ensure the implementation of appropriate pollution prevention measures 
    for the non-storm water component(s) of the discharge.
        (iii) Failure to Certify--Any facility that is unable to provide 
    the certification required (testing for non-storm water discharges), 
    must notify the Director by [Insert date 270 days after permit 
    issuance] or, for facilities that begin to discharge storm water 
    associated with industrial activity after [Insert date of permit 
    issuance], 270 days after submitting an NOI to be covered by this 
    permit. If the failure to certify is caused by the inability to perform 
    adequate tests or evaluations, such notification shall describe: the 
    procedure of any test conducted for the presence of non-storm water 
    discharges; the results of such test or other relevant observations; 
    potential sources of non-storm water discharges to the storm sewer; and 
    why adequate tests for such storm sewers were not feasible. Non-storm 
    water discharges to waters of the United States that are not authorized 
    by an NPDES permit are unlawful, and must be terminated.
        (h) Sediment and Erosion Control--The plan shall identify areas 
    that, due to topography, activities, or other factors, have a high 
    potential for significant soil erosion, and identify structural, 
    vegetative, and/or stabilization measures to be used to limit erosion.
        (i) Management of Runoff--The plan shall contain a narrative 
    consideration of the appropriateness of traditional storm water 
    management practices (practices other than those that control the 
    generation or source(s) of pollutants) used to divert, infiltrate, 
    reuse, or otherwise manage storm water runoff in a manner that reduces 
    pollutants in storm water discharges from the site. The plan shall 
    provide that measures that the permittee determines to be reasonable 
    and appropriate shall be implemented and maintained. The potential of 
    various sources at the facility to contribute pollutants to storm water 
    discharges associated with industrial activity [see Part XI.B.3.a.(2) 
    
    [[Page 51132]]
    of this permit (Description of Potential Pollutant Sources)] shall be 
    considered when determining reasonable and appropriate measures. 
    Appropriate measures may include: vegetative swales and practices; 
    reuse of collected storm water (such as for a process or as an 
    irrigation source); inlet controls (such as oil/water separators); snow 
    management activities; infiltration devices, and wet detention/
    retention devices; screens or fences used to protect dust and 
    particulate collection activities from wind or to minimize the effects 
    of wind on material loading and storage, and processing activities to 
    eliminate or reduce windblown or airborne pollutants; secondary 
    containment of storage areas such as berms and dikes; diversionary 
    structures to direct storm water away from areas of potential 
    contamination; and tarpaulins, roofs, or other coverings of outdoor 
    storage or industrial activities or other equivalent measures.
        (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
    shall conduct site compliance evaluations at appropriate intervals 
    specified in the plan, but in no case less than once a year. Such 
    evaluations shall provide:
        (a) Areas contributing to a storm water discharge associated with 
    industrial activity such as material storage, handling, and disposal 
    activities shall be visually inspected for evidence of, or the 
    potential for, pollutants entering the drainage system. Measures to 
    reduce pollutant loadings shall be evaluated to determine whether they 
    are adequate and properly implemented in accordance with the terms of 
    the permit or whether additional control measures are needed. 
    Structural storm water management measures sediment and erosion control 
    measures, and other structural pollution prevention measures identified 
    in the plan shall be observed to ensure that they are operating 
    correctly. A visual inspection of equipment needed to implement the 
    plan, such as spill response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    Part XI.B.3.a.(2) of this permit (Description of Potential Pollutant 
    Sources) and pollution prevention measures and controls identified in 
    the plan in accordance with Part XI.B.3.a.(3) of this permit (Measures 
    and Controls) shall be revised as appropriate within 2 weeks of such 
    evaluation and shall provide for implementation of any changes to the 
    plan in a timely manner, but in no case more than 12 weeks after the 
    evaluation.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan, and actions taken in accordance with 
    paragraph (4)(b) (above) of the permit shall be made and retained as 
    part of the storm water pollution prevention plan for at least 3 years 
    from the date of the evaluation. The report shall identify any 
    incidents of noncompliance. Where a report does not identify any 
    incidents of noncompliance, the report shall contain a certification 
    that the facility is in compliance with the storm water pollution 
    prevention plan and this permit. The report shall be signed in 
    accordance with Part VII.G. (Signatory Requirements) of this permit.
        (d) Where compliance evaluation schedules overlap with inspections 
    required under 3.a.(3)(d), the compliance evaluation may be conducted 
    in place of one such inspection.
    4. Numeric Effluent Limitations
        There are no additional numeric effluent limitations beyond those 
    described in Part V.B. of this permit.
    5. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements.
        During the period beginning [insert date 1 year after permit 
    issuance] lasting through [insert date 2 years after permit issuance] 
    and the period beginning [insert date 3 years after permit issuance] 
    lasting through [insert date 4 years after permit issuance], permittees 
    with paperboard mills must monitor their storm water discharges 
    associated with industrial activity at least quarterly (4 times per 
    year) during years 2 and 4 except as provided in paragraphs 5.a.(3) 
    (Sampling Waiver), 5.a.(4) (Representative Discharge), and 5.a.(5) 
    (Alternative Certification). Paperboard mills are required to monitor 
    their storm water discharges for the pollutant of concern listed in 
    Table B-1 below. Facilities must report in accordance with 5.b. 
    (Reporting). In addition to the parameters listed in Table B-1 below, 
    the permittee shall provide the date and duration (in hours) of the 
    storm event(s) sampled; rainfall measurements or estimates (in inches) 
    of the storm event that generated the sampled runoff; the duration 
    between the storm event sampled and the end of the previous measurable 
    (greater than 0.1 inch rainfall) storm event; and an estimate of the 
    total volume (in gallons) of the discharge sampled.
    
                       Table B-1.--Monitoring Requirements                  
    ------------------------------------------------------------------------
                                                                 Cut-off    
                     Pollutants of concern                    concentration 
    ------------------------------------------------------------------------
    Chemical Oxygen Demand................................  120 mg/L        
    ------------------------------------------------------------------------
    
        (1) Monitoring Periods. Paperboard mills shall monitor samples 
    collected during the sampling periods of: January through March, April 
    through June, July through September, and October through December for 
    the years specified in paragraph a. (above).
        (2) Sample Type. A minimum of one grab sample shall be taken. All 
    such samples shall be collected from the discharge resulting from a 
    storm event that is greater than 0.1 inches in magnitude and that 
    occurs at least 72 hours from the previously measurable (greater than 
    0.1 inch rainfall) storm event. The required 72-hour storm event 
    interval is waived where the preceding measurable storm event did not 
    result in a measurable discharge from the facility. The required 72-
    hour storm event interval may also be waived where the permittee 
    documents that less than a 72-hour interval is representative for local 
    storm events during the season when sampling is being conducted. The 
    grab sample shall be taken during the first 30 minutes of the 
    discharge. If the collection of a grab sample during the first 30 
    minutes is impracticable, a grab sample can be taken during the first 
    hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable. If storm water discharges associated with 
    industrial activity commingle with process or nonprocess water, then 
    where practicable permittees must attempt to sample the storm water 
    discharge before it mixes with the non-storm water discharge.
        (3) Sampling Waiver.
        (a) Adverse Conditions--When a discharger is unable to collect 
    samples within a specified sampling period due to adverse climatic 
    conditions, the discharger shall collect a substitute sample from a 
    separate qualifying event in the next period and submit the data along 
    with data for the routine sample in that period. Adverse weather 
    conditions that may prohibit the collection of samples include weather 
    conditions that create dangerous conditions for personnel (such as 
    local flooding, high winds, hurricanes, tornadoes, electrical storms, 
    etc.) or otherwise make the collection of a sample impracticable 
    (drought, extended frozen conditions, etc.).
    
    [[Page 51133]]
    
        (b) Low Concentration Waiver--When the average concentration for a 
    pollutant calculated from all monitoring data collected from an outfall 
    during the monitoring period [insert date 1 year after permit issuance] 
    lasting through [insert date 2 years after permit issuance] is less 
    than the corresponding value for that pollutant listed in Table B-1 
    under the column Monitoring Cut-off Concentration, a facility may waive 
    monitoring and reporting requirements in the monitoring period 
    beginning [insert date 3 years after permit issuance] lasting through 
    [insert date 4 years after permit issuance]. The facility must submit 
    to the Director, in lieu of the monitoring data, a certification that 
    there has not been a significant change in industrial activity or the 
    pollution prevention measures in area of the facility that drains to 
    the outfall for which sampling was waived.
        (c) When a discharger is unable to conduct quarterly chemical storm 
    water sampling at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirements as long 
    as the facility remains inactive and unstaffed. The facility must 
    submit to the Director, in lieu of monitoring data, a certification 
    statement on the DMR stating that the site is inactive and unstaffed so 
    that collecting a sample during a qualifying event is not possible.
        (4) Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluents. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan. The permittee shall 
    include the description of the location of the outfalls, explanation of 
    why outfalls are expected to discharge substantially identical 
    effluents, and estimate of the size of the drainage area and runoff 
    coefficient with the Discharge Monitoring Report.
        (5) Alternative Certification. A discharger is not subject to the 
    monitoring requirements of this section provided the discharger makes a 
    certification for a given outfall or on a pollutant-by-pollutant basis 
    in lieu of monitoring reports required under paragraph (b) below, under 
    penalty of law, signed in accordance with Part VII.G. (Signatory 
    Requirements), that material handling equipment or activities, raw 
    materials, intermediate products, final products, waste materials, by-
    products, industrial machinery or operations, or significant materials 
    from past industrial activity that are located in areas of the facility 
    within the drainage area of the outfall are not presently exposed to 
    storm water and are not expected to be exposed to storm water for the 
    certification period. Such certification must be retained in the storm 
    water pollution prevention plan, and submitted to EPA in accordance 
    with Part VI.C. of this permit. In the case of certifying that a 
    pollutant is not present, the permittee must submit the certification 
    along with the monitoring reports required under paragraph (b) below. 
    If the permittee cannot certify for an entire period, they must submit 
    the date exposure was eliminated and any monitoring required up until 
    that date. This certification option is not applicable to compliance 
    monitoring requirements associated with effluent limitations.
        b. Reporting. Permittees with paperboard mills shall submit 
    monitoring results for each outfall associated with industrial activity 
    [or a certification in accordance with Sections (3), (4), or (5) above] 
    obtained during the reporting period beginning [insert date 1 year 
    after permit issuance] lasting through [insert date 2 years after 
    permit issuance] on Discharge Monitoring Report Form(s) postmarked no 
    later than the 31st day of the following March [insert the date 2 years 
    after permit issuance]. Monitoring results [or a certification in 
    accordance with Sections (3), (4), or (5) above] obtained during the 
    period beginning [insert date 3 years after permit issuance] lasting 
    through [insert date 4 years after permit issuance] shall be submitted 
    on Discharge Monitoring Report Form(s) postmarked no later than the 
    31st day of the following March. For each outfall, one signed Discharge 
    Monitoring Report Form must be submitted per storm event completed. 
    Signed copies of Discharge Monitoring Reports, or said certifications, 
    shall be submitted to the Director of the NPDES program at the address 
    of the appropriate Regional Office listed in Part VI.G. of the fact 
    sheet.
        (1) Additional Notification. In addition to filing copies of 
    discharge monitoring reports in accordance with paragraph b (above), 
    paperboard mills with at least one storm water discharge associated 
    with industrial activity through a large or medium municipal separate 
    storm sewer system (systems serving a population of 100,000 or more) 
    must submit signed copies of discharge monitoring reports to the 
    operator of the municipal separate storm sewer system in accordance 
    with the dates provided in paragraph b (above).
        c. Quarterly Visual Examination of Storm Water Quality. Facilities 
    shall perform and document a visual examination of a storm water 
    discharge associated with industrial activity from each outfall, except 
    discharges exempted below. The examination must be made at least once 
    in each designated period [described in (1), below] during daylight 
    hours unless there is insufficient rainfall or snow melt to produce a 
    runoff event.
        (1) Examinations shall be conducted in each of the following 
    periods for the purposes of visually inspecting storm water quality 
    associated with storm water runoff or snow melt: January through March; 
    April through June; July through September; and October through 
    December.
        (2) Examinations shall be made of samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    one hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual will carry out the collection and 
    examination of discharges for the life of the permit.
        (3) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examination. Adverse 
    
    [[Page 51134]]
    weather conditions that may prohibit the collection of samples include 
    weather conditions that create dangerous conditions for personnel (such 
    as local flooding, high winds, hurricanes, tornadoes, electrical 
    storms, etc.) or otherwise make the collection of a sample 
    impracticable (drought, extended frozen conditions, etc.).
        (4) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility remains inactive and unstaffed. The facility must maintain 
    a certification with the pollution prevention plan stating that the 
    site is inactive and unstaffed so that performing visual examinations 
    during a qualifying event is not feasible.
        (5) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (6) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfalls provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explaining in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
    
    C. Storm Water Discharges Associated With Industrial Activity From 
    Chemical and Allied Products Manufacturing Facilities
    
    1. Discharges Covered Under This Section
        The requirements listed under this section shall apply to storm 
    water discharges associated with industrial activity from a facility 
    engaged in manufacturing the following products and generally described 
    by the SIC code shown:
        a. Basic industrial inorganic chemicals (including SIC 281).
        b. Plastic materials and synthetic resins, synthetic rubbers, and 
    cellulosic and other humanmade fibers, except glass (including SIC 
    282).
        c. Soap and other detergents and in producing glycerin from 
    vegetable and animal fats and oils; specialty cleaning, polishing, and 
    sanitation preparations; surface active preparations used as 
    emulsifiers, wetting agents, and finishing agents, including sulfonated 
    oils; and perfumes, cosmetics, and other toilet preparations (including 
    SIC 284).
        d. Paints (in paste and ready-mixed form); varnishes; lacquers; 
    enamels and shellac; putties, wood fillers, and sealers; paint and 
    varnish removers; paint brush cleaners; and allied paint products 
    (including SIC 285).
        e. Industrial organic chemicals (including SIC 286).
        f. Nitrogenous and phosphatic basic fertilizers, mixed fertilizer, 
    pesticides, and other agricultural chemicals (including SIC 287).
        g. Industrial and household adhesives, glues, caulking compounds, 
    sealants, and linoleum, tile, and rubber cements from vegetable, 
    animal, or synthetic plastics materials; explosives; printing ink, 
    including gravure ink, screen process ink, and lithographic; 
    miscellaneous chemical preparations, such as fatty acids, essential 
    oils, gelatin (except vegetable), sizes, bluing, laundry sours, writing 
    and stamp pad ink, industrial compounds, such as boiler and heat 
    insulating compounds, metal, oil, and water treatment compounds, 
    waterproofing compounds, and chemical supplies for foundries (including 
    facilities with SIC 289).
        h. Ink and paints, including china painting enamels, india ink, 
    drawing ink, platinum paints for burnt wood or leather work, paints for 
    china painting, artists' paints and artists' water colors (SIC 3952, 
    limited to those listed).
        i. Co-located Industrial Activities. When an industrial facility, 
    described by the above coverage provisions of this section, has 
    industrial activities being conducted onsite that meet the 
    description(s) of industrial activities in another section(s), that 
    industrial facility shall comply with any and all applicable monitoring 
    and pollution prevention plan requirements of the other section(s) in 
    addition to all applicable requirements in this section. The monitoring 
    and pollution prevention plan terms and conditions of this multi-sector 
    permit are additive for industrial activities being conducted at the 
    same industrial facility (co-located industrial activities). The 
    operator of the facility shall determine which other monitoring and 
    pollution prevention plan section(s) of this permit (if any) are 
    applicable to the facility.
    2. Discharges Not Covered By This Section
        a. Storm water discharges from drug manufacturing facilities and 
    other establishments classified as SIC Code 283.
    3. Special Conditions
        a. Prohibition of Non-storm Water Discharges. In addition to those 
    non-storm water discharges prohibited under section III.A.2, this 
    section does not authorize the discharge of:
        (1) Inks, paints, or substances (hazardous, nonhazardous, etc.) 
    resulting from an onsite spill, including materials collected in drip 
    pans.
        (2) Washwaters from material handling and processing areas. This 
    includes areas where containers, equipment, industrial machinery, and 
    any significant materials are exposed to storm water.
        (3) Washwaters from drum, tank, or container rinsing and cleaning.
    4. Storm Water Pollution Prevention Plan Requirements
        a. Contents of Plan. The plan shall include, at a minimum, the 
    following items:
        (1) Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team. The team will be 
    responsible for developing the storm water pollution prevention plan 
    and assisting the facility or plant manager in its implementation, 
    maintenance, and revision. The plan shall clearly identify the 
    responsibilities of each team member. The activities and 
    responsibilities of the team shall address all aspects of the 
    facility's plan.
        (2) Description of Potential Pollutant Sources. Each plan shall 
    provide a description of potential sources of pollutants to storm water 
    discharges and sources of discharges of pollutants during dry weather. 
    Each plan shall 
    
    [[Page 51135]]
    identify all activities and materials that may be pollutant sources. 
    Each plan shall include, at a minimum:
        (a) Drainage and Site Plan--A site map shall be developed for the 
    facility. This map shall include, at a minimum: the location of all 
    structures (manufacturing buildings, garages, etc.), impervious areas, 
    the location of each storm water outfall and/or connection to municipal 
    storm sewer; types of discharges included in each discharge; an outline 
    of the portions of the drainage area of each outfall within the 
    facility boundaries and a prediction of the direction of flow in each 
    area; each existing structural control measure to reduce pollutants in 
    storm water runoff; surface water bodies; locations where materials are 
    exposed to precipitation; and locations where major spills or leaks 
    identified under Part XI.C.4.a.(2)(c) (below) of this permit have 
    occurred. The map shall also indicate the locations of the following 
    outdoor activities: fueling stations; vehicle and equipment maintenance 
    and/or cleaning areas; loading/unloading areas; locations used for the 
    treatment, storage or disposal of wastes; storage tanks and other 
    containers; processing and storage areas; access roads, rail cars and 
    tracks; the location of transfer of substances in bulk; and machinery.
        (b) Inventory of Exposed Materials and Management Practices--An 
    inventory of the types of materials handled at the site that may be 
    exposed to precipitation shall be collected. Such inventory shall 
    include: a narrative description of materials that have been handled, 
    treated, stored or disposed in a manner to allow exposure to storm 
    water between the time of 3 years prior to the date of the submission 
    of a Notice of Intent (NOI) to be covered under this permit and the 
    present; method and location of onsite storage or disposal; materials 
    management practices employed to minimize contact of materials with 
    storm water runoff between the time of 3 years prior to the date of the 
    submission of a Notice of Intent (NOI) to be covered under this permit 
    and the present; the location and a description of existing structural 
    and nonstructural control measures to reduce pollutants in storm water 
    runoff; and a description of any treatment the storm water receives.
        (c) Spills and Leaks--A list of significant spills and leaks of 
    material that occurred at areas that are exposed to precipitation or 
    that otherwise drain to a storm water conveyance after the date of 3 
    years prior to the date of submission of a Notice of Intent (NOI) to be 
    covered under this permit. The list shall be updated as appropriate to 
    include any significant spills and leaks during the term of the permit.
        (d) Sampling Data--A summary of existing storm water sampling data 
    describing pollutants discharged from the facility, including a summary 
    of sampling data collected during the term of this permit. In addition, 
    the report of monitoring data that is submitted to EPA pursuant to Part 
    VI. of this permit shall be maintained with the pollution prevention 
    plan.
        (e) Risk Identification and Summary of Potential Pollutant Sources.
        (i) A narrative description of the potential pollutant sources from 
    the following: loading, unloading, and transfer of chemicals; outdoor 
    storage of salt, pallets, coal, drums, containers, fuels, or other 
    materials; outdoor manufacturing or processing activities; significant 
    dust or particulate generating processes; fueling stations; vehicle and 
    equipment maintenance and/or cleaning areas; locations used for the 
    treatment, storage or disposal (on or off site) of wastes and 
    wastewaters; storage tanks and other containers; processing and storage 
    areas; access roads, rail cars and tracks; the location of transfer of 
    substances in bulk; and machinery.
        (ii) The description shall specifically list any significant 
    potential source of pollutants at the site and for each potential 
    source, any pollutant or pollutant parameter (e.g., chemical oxygen 
    demand, etc.) of concern shall be identified.
        (iii) Factors to consider include: quantity of chemicals used, 
    produced or discharged; the likelihood of contact with storm water; and 
    history of significant leaks or spills. In addition, flows with a 
    significant potential for causing erosion shall be identified.
        (3) Measures and Controls. Each facility covered by this permit 
    shall develop a description of storm water management controls 
    appropriate for the facility, and implement such controls. The 
    appropriateness and priorities of controls in a plan shall reflect 
    identified potential sources of pollutants at the facility. The 
    description of storm water management controls shall address the 
    following minimum components, including a reasonable schedule for 
    implementing such controls:
        (a) Nonstructural Controls.
        (i) Good Housekeeping--Good housekeeping requires that areas that 
    may contribute pollutants to storm water discharges are maintained in a 
    clean, orderly manner. At a minimum, the permittee shall:
        (a) Schedule regular pickup and disposal of garbage and waste 
    materials, or use other appropriate measures to reduce the potential 
    for the discharge of storm water that has come into contact with 
    garbage or waste materials. This schedule shall be included in the 
    plan. Individuals responsible for waste management and disposal shall 
    be informed of the procedures established under the plan.
        (b) Routinely inspect for leaks and the condition of drums, tanks 
    and containers. Ensure that spill cleanup procedures are understood by 
    employees.
        (c) Keep an up-to-date inventory of all materials present at the 
    facility. While preparing the inventory, all containers should be 
    clearly labeled. Hazardous containers that requires special handling, 
    storage, use and disposal shall be clearly marked.
        (d) Maintain clean ground surfaces.
        (ii) Preventive Maintenance--A preventive maintenance program shall 
    be developed and shall involve timely inspection and maintenance of 
    storm water management devices (e.g., oil/water separators, catch 
    basins, dikes, storm sewer, basins, pipes). Also, preventive 
    maintenance includes inspecting and testing facility equipment and 
    systems to uncover conditions that could cause breakdowns or failures, 
    and ensuring appropriate maintenance of such equipment and systems.
        (iii) Spill Prevention and Response Procedures--Spill prevention 
    and response procedures shall be developed. Areas where potential 
    spills (that can contribute pollutants to storm water discharges) can 
    occur and their accompanying drainage points shall be identified 
    clearly in the storm water pollution prevention plan. Where 
    appropriate, specifying material handling procedures, storage 
    requirements, and use of equipment such as diversion valves in the plan 
    should be considered. Procedures for cleaning up spills shall be 
    identified in the plan and made available to the appropriate personnel. 
    The necessary equipment to implement a clean up (e.g., absorbent 
    materials) should be available to personnel.
        (iv) Inspections--Qualified personnel shall conduct quarterly 
    inspections. A wet weather inspection (during a rainfall event) shall 
    be conducted in the second (April to June) and third quarters (July to 
    September) of each year. A dry weather inspection (no precipitation) 
    shall be conducted in the first (January to March) and fourth quarters 
    (October to December). Such inspections shall be documented and this 
    documentation shall be retained as part of the pollution prevention 
    plan. Changes based on the 
    
    [[Page 51136]]
    results of the quarterly inspections shall be made in a timely manner.
        (a) When a seasonal dry period is sustained for more than 3 months, 
    a dry weather inspection will satisfy the wet weather inspection 
    requirement.
        (b) All areas exposed to precipitation at the facilities shall be 
    visually inspected for evidence of, or the potential for, pollutants 
    entering the drainage system. Measures to reduce pollutant loadings 
    shall be evaluated to determine whether they are adequate and properly 
    implemented or whether additional control measures are needed. 
    Structural storm water management measures (diking, berming, curbing, 
    sediment and erosion control measures, stabilization controls, etc.) 
    required under this section shall be observed to ensure that they are 
    operating correctly. A visual inspection of equipment needed to 
    implement the plan, such as spill response equipment, shall be made.
        (v) Employee Training--Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management at all levels of responsibility of the 
    components and goals of the storm water pollution prevention plan. 
    Training should address topics such as spill response, good 
    housekeeping, material management practices and procedures for 
    equipment and container cleaning and washing. The pollution prevention 
    plan shall identify periodic dates for such training of at least once 
    per year.
        (vi) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents (such as spills, or other discharges), along with other 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. 
    Inspections and maintenance activities shall be documented and records 
    of such activities shall be incorporated into the plan.
        (vii) Facility Security--Facilities shall have the necessary 
    security systems to prevent accidental or intentional entry that could 
    cause a discharge. Security systems described in the plan shall address 
    fencing, lighting, vehicular traffic control, and securing of equipment 
    and buildings.
        (b) Structural Practices--The potential of various sources at the 
    facility to contribute pollutants to storm water discharges associated 
    with industrial activity [see Part XI.C.4.a.(2) (Description of 
    Potential Pollutant Sources) of this permit] shall be considered when 
    determining reasonable and appropriate structural measures. The plan 
    shall provide that measures that the permittee determines to be 
    reasonable and appropriate shall be implemented and maintained.
        (i) Practices for Material Handling and Storage Areas--Permittees 
    shall ensure the implementation of practices that conform with the 
    following:
        (a) In areas where liquid or powdered materials are stored, 
    facilities shall provide either diking, curbing, berms, or other 
    appropriate measures to reduce the potential of discharge of liquid or 
    powdered materials in storm water.
        (b) In all other outside storage areas including storage of used 
    containers, machinery, scrap and construction materials, and pallets, 
    facilities shall prevent or minimize storm water runon to the storage 
    area by using curbing, culverting, gutters, sewers or other forms of 
    drainage control.
        (c) In all storage areas, roofs, covers or other forms of 
    appropriate protection shall be used to prevent storage areas from 
    exposure to storm water and wind. For the purpose of this paragraph, 
    tanks would be considered to be appropriate protection.
        (d) In areas where liquid or powdered materials are transferred in 
    bulk from truck or rail cars, permittees shall provide appropriate 
    measures to minimize contact of material with precipitation. Permittees 
    shall consider providing for hose connection points at storage 
    containers to be inside containment areas, and drip pans to be used in 
    areas that are not in a containment area, where spillage may occur 
    (e.g., hose reels, connection points with rail cars or trucks) or 
    equivalent measures.
        (e) In areas of transfer of contained or packaged materials and 
    loading/unloading areas, permittee shall consider providing appropriate 
    protection such as overhangs or door skirts to enclose trailer ends at 
    truck loading/unloading docks or an equivalent.
        (f) Drainage from areas covered by paragraph XI.C.4.a.(3)(b)(i) of 
    this section should be restrained by valves or other positive means to 
    prevent the discharge of a spill or leak. Containment units may be 
    emptied by pumps or ejectors; however, these shall be manually 
    activated.
        (g) Flapper-type drain valves shall not be used to drain 
    containment areas. Valves used for the drainage of containment areas 
    should, as far as is practical, be of manual, open-or-closed design.
        (h) If facility drainage is not engineered as above, the final 
    discharge point of all in-facility sewers should be equipped to prevent 
    or divert the discharge, in the event of an uncontrolled spill of 
    materials, return the spilled material to the facility.
        (c) Management of Runoff--The plan shall contain a description of 
    storm water management practices used and/or to be used to divert, 
    infiltrate, reuse, or otherwise manage storm water runoff in a manner 
    that reduces pollutants in storm water discharges from the site. 
    Appropriate measures may include: vegetative swales, ripraps, reuse of 
    collected storm water (such as for a process or as an irrigation 
    source), inlet controls (such as oil/water separators), snow management 
    activities, infiltration devices, use of porous pavements, and wet 
    detention/retention devices.
        (d) Sediment and Erosion Control--The plan shall identify areas 
    that, due to topography, activities, or other factors, have a potential 
    for significant soil erosion. Plans shall describe permanent 
    stabilization practices and shall ensure that disturbed portions of the 
    site are stabilized. Stabilization practices may include: permanent 
    seeding, mulching, geotextiles, sod stabilization, vegetative buffer 
    strips, protection of trees, preservation of mature vegetation, and 
    other appropriate measures.
        (e) Non-storm Water Discharges.
        (i) The plan shall include a certification that the discharge has 
    been tested or evaluated for the presence of non-storm water 
    discharges. The certification shall include the identification of 
    potential significant sources of non-storm water at the site, a 
    description of the results of any test and/or evaluation for the 
    presence of non-storm water discharges, the evaluation criteria or 
    testing method used, the date of any testing and/or evaluation, and the 
    onsite drainage points that were directly observed during the test. 
    Certifications shall be signed in accordance with Part VII.G. of this 
    permit. Such certification may not be feasible if the facility 
    operating the storm water discharge associated with industrial activity 
    does not have access to an outfall, manhole, or other point of access 
    to the ultimate conduit that receives the discharge. In such cases, the 
    source identification section of the storm water pollution prevention 
    plan shall indicate why the certification required by this part was not 
    feasible, along with the identification of potential significant 
    sources of non-storm water at the site. A discharger that is unable to 
    provide the certification required by this paragraph must notify the 
    Director in accordance with paragraph (iii) (below).
        (ii) Except for flows from fire fighting activities, sources of 
    non-storm water 
    
    [[Page 51137]]
    listed in Part III.A.2. (Prohibition of Non-storm Water Discharges) of 
    this permit that are combined with storm water discharges associated 
    with industrial activity must be identified in the plan. The plan shall 
    identify and ensure the implementation of appropriate pollution 
    prevention measures for the non-storm water component(s) of the 
    discharge.
        (iii) Failure to Certify--Any facility that is unable to provide 
    the certification required (testing for non-storm water discharges), 
    must notify the Director by [insert date 270 days after permit 
    issuance] or, for facilities that begin to discharge storm water 
    associated with industrial activity after [insert date 270 days after 
    permit issuance] 180 days after submitting an NOI to be covered by this 
    permit. If the failure to certify is caused by the inability to perform 
    adequate tests or evaluations, such notification shall describe: the 
    procedure of any test conducted for the presence of non-storm water 
    discharges; the results of such test or other relevant observations; 
    potential sources of non-storm water discharges to the storm sewer; and 
    why adequate tests for such storm sewers were not feasible. Non-storm 
    water discharges to waters of the United States that are not authorized 
    by an NPDES permit are unlawful, and must be terminated.
        (4) Comprehensive Site Compliance Evaluation. A member(s) of the 
    pollution prevention team or a qualified professional designated by the 
    team shall conduct, at a minimum, annual site compliance evaluations.
        (a) Areas contributing to a storm water discharge associated with 
    industrial activity such as material storage and handling, loading and 
    unloading, process activities, and plant yards shall be visually 
    inspected for evidence of, or the potential for, pollutants entering 
    the drainage system. Measures to reduce pollutant loadings shall be 
    evaluated to determine whether they are adequate and properly 
    implemented in accordance with the terms of the permit or whether 
    additional control measures are needed. Structural storm water 
    management measures, sediment and erosion control measures, other 
    structural pollution prevention measures identified in the plan, as 
    well as process related pollution control equipment shall be observed 
    or tested to ensure that they are operating correctly. A visual 
    inspection of equipment needed to implement the plan, such as spill 
    response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources (see Part XI.C.4.a.(2)) and pollution 
    prevention measures and controls (see Part XI.C.4.a.(3)) identified in 
    the plan shall be revised as appropriate within 2 weeks of such 
    evaluation. In addition, it shall provide for implementation of any 
    changes to the plan in a timely manner, but in no case more than 12 
    weeks after the evaluation.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, observations 
    relating to the implementation of the plan, and actions taken in 
    accordance with paragraph XI.C.4.a.(4)(b) (above) shall be made and 
    retained as part of the plan for at least 3 years after the date of the 
    evaluation. The report shall also identify any incidents of 
    noncompliance. Where a report does not identify any incidents of 
    noncompliance, the report shall contain a certification that the 
    facility is in compliance with the plan and this permit. The report 
    shall be signed in accordance with Part VII.G. (Signatory Requirements) 
    of this permit.
    5. Numeric Effluent Limitations
        In addition to the numeric effluent limitations described by Part 
    V.B. of this permit, the following effluent limitations shall be met by 
    existing and new discharges with:
        a. Phosphate Fertilizer Manufacturing Runoff. The provisions of 
    this paragraph are applicable to storm water discharges from the 
    Phosphate Subcategory of the Fertilizer Manufacturing Point Source 
    Category (40 CFR 418.10). The term contaminated storm water runoff 
    shall mean precipitation runoff, that during manufacturing or 
    processing, comes into contact with any raw materials, intermediate 
    product, finished product, by-products or waste product (40 CFR 
    418.11(c)). The concentration of pollutants in storm water discharges 
    shall not exceed the effluent limitations in Table C-1.
    
                    Table C-1.--Numeric Effluent limitations                
    ------------------------------------------------------------------------
                                                    Effluent limitations (mg/
                                                               L)           
                                                   -------------------------
                                                                  Average of
                                                                    daily   
               Effluent characteristics                           values for
                                                    Maximum for       30    
                                                     any 1 day   consecutive
                                                                  days shall
                                                                  not exceed
    ------------------------------------------------------------------------
    Total Phosphorus (as P).......................        105.0         35.0
    Fluoride......................................         75.0         25.0
    ------------------------------------------------------------------------
    
    6. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements.
        During the period beginning [insert date 1 year after permit 
    issuance] lasting through [insert date 2 years after permit issuance] 
    and the period beginning [insert date 3 years after permit issuance] 
    lasting through [insert date 4 years after permit issuance], permittees 
    with agricultural chemical manufacturing facilities; industrial 
    inorganic chemical facilities; soaps, detergents, cosmetics, and 
    perfume manufacturing facilities; and plastics, synthetics, and resin 
    manufacturing facilities must monitor their storm water discharges 
    associated with industrial activity at least quarterly (4 times per 
    year) during years 2 and 4 except as provided in paragraphs 6.a.(3) 
    (Sampling Waiver), 6.a.(4) (Representative Discharge), and 6.a.(5) 
    (Alternative Certification). Agricultural chemical manufacturing 
    facilities; industrial inorganic chemical facilities; soaps, 
    detergents, cosmetics, and perfume manufacturing facilities; and 
    plastics, synthetics, and resin manufacturing facilities are required 
    to monitor their storm water discharges for the pollutants of concern 
    listed in Tables C-2, C-3, C-4, and C-5 below. Facilities must report 
    in accordance with 6.b. (Reporting). In addition to the parameters 
    listed in Tables C-2, C-3, 
    C-4, and C-5 below, the permittee shall 
    
    [[Page 51138]]
    provide the date and duration (in hours) of the storm event(s) sampled; 
    rainfall measurements or estimates (in inches) of the storm event that 
    generated the sampled runoff; the duration between the storm event 
    sampled and the end of the previous measurable (greater than 0.1 inch 
    rainfall) storm event; and an estimate of the total volume (in gallons) 
    of the discharge sampled.
    
           Table C-2.--Agricultural Chemicals Monitoring Requirements       
    ------------------------------------------------------------------------
                                                                 Cut-off    
                     Pollutants of concern                    concentration 
    ------------------------------------------------------------------------
    Nitrate plus Nitrite Nitrogen.........................  0.68 mg/L       
    Total Recoverable Lead................................  0.0816 mg/L     
    Total Recoverable Iron................................  1.0 mg/L        
    Total Recoverable Zinc................................  0.065 mg/L      
    Phosphorus............................................  2.0 mg/L        
    ------------------------------------------------------------------------
    
    
       Table C-3.--Industrial Inorganic Chemicals Monitoring Requirements   
    ------------------------------------------------------------------------
                                                                 Cut-off    
                     Pollutants of concern                    concentration 
    ------------------------------------------------------------------------
    Total Recoverable Aluminum............................  0.75 mg/L       
    Total Recoverable Iron................................  1.0 mg/L        
    Nitrate plus Nitrite Nitrogen.........................  0.68 mg/L       
    ------------------------------------------------------------------------
    
    
        Table C-4.--Soaps, Detergents, Cosmetics, and Perfumes Monitoring   
                                  Requirements                              
    ------------------------------------------------------------------------
                                                                 Cut-off    
                     Pollutants of concern                    concentration 
    ------------------------------------------------------------------------
    Nitrate plus Nitrite Nitrogen.........................  0.68 mg/L       
    Total Recoverable Zinc................................  0.065 mg/L      
    ------------------------------------------------------------------------
    
    
      Table C-5.--Plastics, Synthetics, and Resins Monitoring Requirements  
    ------------------------------------------------------------------------
                                                                 Cut-off    
                     Pollutants of concern                    concentration 
    ------------------------------------------------------------------------
    Total Recoverable Zinc................................  0.065 mg/L      
    ------------------------------------------------------------------------
    
        (1) Monitoring Periods. Agricultural chemical manufacturing 
    facilities; industrial inorganic chemical facilities; soaps, 
    detergents, cosmetics, and perfume manufacturing facilities; and 
    plastics, synthetics, and resin manufacturing facilities shall monitor 
    samples collected during the sampling periods of: January through 
    March, April through June, July through September, and October through 
    December for the years specified in paragraph a. (above).
        (2) Sample Type. A minimum of one grab sample shall be taken. All 
    such samples shall be collected from the discharge resulting from a 
    storm event that is greater than 0.1 inches in magnitude and that 
    occurs at least 72 hours from the previously measurable (greater than 
    0.1 inch rainfall) storm event. The required 72-hour storm event 
    interval is waived where the preceding measurable storm event did not 
    result in a measurable discharge from the facility. The required 72-
    hour storm event interval may also be waived where the permittee 
    documents that less than a 72-hour interval is representative for local 
    storm events during the season when sampling is being conducted. The 
    grab sample shall be taken during the first 30 minutes of the 
    discharge. If the collection of a grab sample during the first 30 
    minutes is impracticable, a grab sample can be taken during the first 
    hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable. If storm water discharges associated with 
    industrial activity commingle with process or nonprocess water, then 
    where practicable permittees must attempt to sample the storm water 
    discharge before it mixes with the non-storm water discharge.
        (3) Sampling Waiver.
        (a) Adverse Conditions--When a discharger is unable to collect 
    samples within a specified sampling period due to adverse climatic 
    conditions, the discharger shall collect a substitute sample from a 
    separate qualifying event in the next period and submit the data along 
    with data for the routine sample in that period. Adverse weather 
    conditions that may prohibit the collection of samples include weather 
    conditions that create dangerous conditions for personnel (such as 
    local flooding, high winds, hurricanes, tornadoes, electrical storms, 
    etc.) or otherwise make the collection of a sample impracticable 
    (drought, extended frozen conditions, etc.).
        (b) Low Concentration Waiver--When the average concentration for a 
    pollutant calculated from all monitoring data collected from an outfall 
    during the monitoring period [insert date 1 year after permit issuance] 
    lasting through [insert date 2 years after permit issuance] is less 
    than the corresponding value for that pollutant listed in Table C-2 
    under the column Monitoring Cut-off Concentration, a facility may waive 
    monitoring and reporting requirements in the monitoring period 
    beginning [insert date 3 years after permit issuance] lasting through 
    [insert date 4 years after permit issuance]. The facility must submit 
    to the Director, in lieu of the monitoring data, a certification that 
    there has not been a significant change in industrial activity or the 
    pollution prevention measures in area of the facility that drains to 
    the outfall for which sampling was waived.
        (c) When a discharger is unable to conduct quarterly chemical storm 
    water sampling at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirements as long 
    as the facility remains inactive and unstaffed. The facility must 
    submit to the Director, in lieu of monitoring data, a certification 
    statement on the DMR stating that the site is inactive and unstaffed so 
    that collecting a sample during a qualifying event is not possible.
        (4) Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluents. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan. The permittee shall 
    include the description of the location of the outfalls, explanation of 
    why outfalls are expected to discharge substantially identical 
    effluents, and estimate of the size of the drainage area and runoff 
    coefficient with the Discharge Monitoring Report.
        (5) Alternative Certification. A discharger is not subject to the 
    monitoring requirements of this section provided the discharger makes a 
    certification for a given outfall or on a pollutant-by-pollutant basis 
    in lieu of monitoring reports required under paragraph (b) below, under 
    penalty of law, signed in accordance with Part VII.G. (Signatory 
    Requirements), that material handling equipment or activities, raw 
    materials, intermediate products, final products, waste materials, by-
    products, industrial machinery or operations, or significant materials 
    from past industrial activity that are located in areas of the facility 
    
    
    [[Page 51139]]
    within the drainage area of the outfall are not presently exposed to 
    storm water and are not expected to be exposed to storm water for the 
    certification period. Such certification must be retained in the storm 
    water pollution prevention plan, and submitted to EPA in accordance 
    with Part VI.C. of this permit. In the case of certifying that a 
    pollutant is not present, the permittee must submit the certification 
    along with the monitoring reports required under paragraph b. below. If 
    the permittee cannot certify for an entire period, they must submit the 
    date exposure was eliminated and any monitoring required up until that 
    date. This certification option is not applicable to compliance 
    monitoring requirements associated with effluent limitations.
        b Reporting. Permittees with agricultural chemical manufacturing 
    facilities; industrial inorganic chemical facilities; soaps, 
    detergents, cosmetics, and perfume manufacturing facilities; and 
    plastics, synthetics, and resin manufacturing facilities shall submit 
    monitoring results for each outfall associated with industrial activity 
    [or a certification in accordance with Sections (3), (4), or (5) above] 
    obtained during the reporting period beginning [insert date 1 year 
    after permit issuance] lasting through [insert date 2 years after 
    permit issuance] on Discharge Monitoring Report Form(s) postmarked no 
    later than the 31st day of the following March [insert the date 2 years 
    after permit issuance]. Monitoring results [or a certification in 
    accordance with Sections (3), (4), or (5) above] obtained during the 
    period beginning [insert date 3 years after permit issuance] lasting 
    through [insert date 4 years after permit issuance] shall be submitted 
    on Discharge Monitoring Report Form(s) postmarked no later than the 
    31st day of the following March. For each outfall, one Discharge 
    Monitoring Report Form must be submitted per storm event sampled. 
    Signed copies of Discharge Monitoring Reports, or said certifications, 
    shall be submitted to the Director of the NPDES program at the address 
    of the appropriate Regional Office listed in Part VI.G. of the fact 
    sheet.
        (1) Additional Notification. In addition to filing copies of 
    discharge monitoring reports in accordance with paragraph b (above), 
    agricultural chemical manufacturing facilities; industrial inorganic 
    chemical facilities; soaps, detergents, cosmetics, and perfume 
    manufacturing facilities; and plastics, synthetics, and resin 
    manufacturing facilities with at least one storm water discharge 
    associated with industrial activity through a large or medium municipal 
    separate storm sewer system (systems serving a population of 100,000 or 
    more) must submit signed copies of discharge monitoring reports to the 
    operator of the municipal separate storm sewer system in accordance 
    with the dates provided in paragraph b (above).
        c. Compliance Monitoring Requirements. In addition to the 
    monitoring required in paragraph 6a (above), permittees with 
    contaminated storm water runoff from phosphate fertilizer manufacturing 
    facilities must monitor their contaminated storm water discharges for 
    the presence of phosphorus and fluoride at least annually (one time per 
    year). Facilities must report in accordance with Part XI.C.6.c.(2) 
    (Reporting). In addition to the parameters listed above, the permittee 
    shall provide the date and duration (in hours) of the storm event(s) 
    sampled; rainfall measurements or estimates (in inches) of the storm 
    event that generated the sampled runoff; the duration between the storm 
    event sampled and the end of the previous measurable (greater than 0.1 
    inch rainfall) storm event; and an estimate of the total volume (in 
    gallons) of the discharge sampled;
        (1) Sample Type. A minimum of one grab sample shall be taken. All 
    such samples shall be collected from the discharge resulting from a 
    storm event that is greater than 0.1 inches in magnitude and that 
    occurs at least 72 hours from the previously measurable (greater than 
    0.1 inch rainfall) storm event. The required 72-hour storm event 
    interval is waived where the preceding measurable storm event did not 
    result in a measurable discharge from the facility. The required 72-
    hour storm event interval may also be waived where the permittee 
    documents that less than a 72-hour interval is representative for local 
    storm events during the season when sampling is being conducted. The 
    grab sample shall be taken during the first 30 minutes of the 
    discharge. If the collection of a grab sample during the first 30 
    minutes is impracticable, a grab sample can be taken during the first 
    hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable.
        (2) Reporting. Permittees with phosphate fertilizer manufacturing 
    facilities shall submit monitoring results obtained during the 
    reporting period beginning [insert date of permit issuance] on 
    Discharge Monitoring Report Form(s) postmarked no later than the 31st 
    day of the following [insert month after permit issuance date]. For 
    each outfall, one signed Discharge Monitoring Report form must be 
    submitted to the Director per storm event sampled. Signed copies of 
    Discharge Monitoring Reports shall be submitted to the Director of the 
    NPDES program at the address of the appropriate Regional Office 
    indicated in Part VI.B. of this permit.
        (3) Additional Notification. In addition to filing copies of 
    discharge monitoring reports in accordance with paragraph (2) (above), 
    permittees that discharge through a large or medium municipal separate 
    storm sewer system (systems serving a population of 100,000 or more) 
    must submit signed copies of discharge monitoring reports to the 
    operator of the municipal separate storm sewer system in accordance 
    with the dates provided in paragraph (3) (above).
        d. Quarterly Visual Examination of Storm Water Quality. Facilities 
    shall perform and document a visual examination of a storm water 
    discharge associated with industrial activity from each outfall, except 
    discharges exempted below. The examination must be made at least once 
    in each of the following periods: January through March; April through 
    June; July through September; and October through December during 
    daylight hours unless there is insufficient rainfall or snow melt to 
    produce a runoff event.
        (1) Examinations shall be made of samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    1 hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual should carry out the collection and 
    examination of discharges for entire permit term.
        (2) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, 
    
    [[Page 51140]]
    settled solids, suspended solids, foam, oil sheen, and other obvious 
    indicators of storm water pollution), and probable sources of any 
    observed storm water contamination.
        (3) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfall(s) provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (4) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examination. Adverse weather conditions that may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricanes, tornadoes, electrical storms, etc.) or otherwise 
    make the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (5) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility remains inactive and unstaffed. The facility must maintain 
    a certification with the pollution prevention plan stating that the 
    site is inactive and unstaffed so that performing visual examinations 
    during a qualifying event is not feasible.
    
    D. Storm Water Discharges Associated With Industrial Activity From 
    Asphalt Paving and Roofing Materials and Lubricant Manufacturers
    
        1. Discharges Covered Under This Section. a. This section of the 
    permit describes requirements for all existing point source discharges 
    of storm water associated with industrial activity to waters of the 
    United States from facilities engaged in manufacturing asphalt paving 
    and roofing materials, including those facilities commonly identified 
    by Standard Industrial Classification (SIC) codes 2951 and 2952.
        b. This section of the permit describes requirements for all 
    existing point source discharges of storm water associated with 
    industrial activity to waters of the United States from portable 
    asphalt plant facilities (also commonly identified by SIC code 2951).
        c. This section of the permit describes requirements for all 
    existing point source discharges of storm water associated with 
    industrial activity to waters of the United States from facilities 
    engaged in manufacturing lubricating oils and greases, including those 
    facilities classified as SIC code 2992.
        d. When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        e. Limitations on Coverage. The following storm water discharges 
    associated with industrial activity are not authorized by this section 
    of the permit:
        (1) Storm water discharges from petroleum refining facilities, 
    including those that manufacture asphalt or asphalt products and that 
    are classified as SIC code 2911,
        (2) Storm water discharges from oil recycling facilities, and
        (3) Storm water discharges associated with fats and oils rendering.
        2. Special Conditions. a. Prohibition of Non-storm Water 
    Discharges.
        (1) There are no additional prohibitions beyond those listed in 
    Section III.A.2. of this permit.
        3. Storm Water Pollution Prevention Plan Requirements. a. Contents 
    of Plan. The plan shall include, at a minimum, the following items:
        (1) Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team that are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility or plant manager in its implementation, maintenance, and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        (2) Description of Potential Pollutant Sources. Each plan shall 
    provide a description of potential sources that may reasonably be 
    expected to add significant amounts of pollutants to storm water 
    discharges or that may result in the discharge of pollutants during dry 
    weather from separate storm sewers draining the facility. Each plan 
    shall identify all activities and significant materials that may 
    potentially be significant pollutant sources. Each plan shall include, 
    at a minimum:
        (a) Drainage.
        (i) A site map indicating an outline of the portions of the 
    drainage area of each storm water outfall that are within the facility 
    boundaries, each existing structural control measure to reduce 
    pollutants in storm water runoff, surface water bodies, locations where 
    significant materials are exposed to precipitation, locations where 
    major spills or leaks identified under XI.D.3.a.(2)(c) (spills and 
    leaks) of this permit have occurred, and the locations of the following 
    activities where such activities are exposed to precipitation: fueling 
    stations, vehicle and equipment maintenance and/or cleaning areas, 
    loading/unloading areas, locations used for the treatment, storage or 
    disposal of wastes, liquid storage tanks, processing areas and storage 
    areas including areas where raw materials, finished products and drums 
    are stored. The map must indicate the outfall locations and the types 
    of discharges contained in the drainage areas of the outfalls.
        (ii) For each area of the facility that generates storm water 
    discharges associated with industrial activity with a reasonable 
    potential for containing significant amounts of pollutants, a 
    prediction of the direction of flow, and an identification of the types 
    of pollutants that are likely to be present in storm water discharges 
    associated with industrial activity. Factors to consider include the 
    toxicity of a chemical; quantity of chemicals used, 
    
    [[Page 51141]]
    produced or discharged; the likelihood of contact with storm water; and 
    history of significant leaks or spills of toxic or hazardous 
    pollutants. Flows with a significant potential for causing erosion 
    shall be identified.
        (b) Inventory of Exposed Materials--An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation. Such inventory shall include a narrative description of 
    significant materials that have been handled, treated, stored or 
    disposed in a manner to allow exposure to storm water between the time 
    of 3 years prior to the date of the submission of a Notice of Intent 
    (NOI) to be covered under this permit and the present; method and 
    location of onsite storage or disposal; materials management practices 
    employed to minimize contact of materials with storm water runoff 
    between the time of 3 years prior to the date of the submission of a 
    Notice of Intent (NOI) to be covered under this permit and the present; 
    the location and a description of existing structural and nonstructural 
    control measures to reduce pollutants in storm water runoff; and a 
    description of any treatment the storm water receives.
        (d) Spills and Leaks--A list of significant spills and significant 
    leaks of toxic or hazardous pollutants that occurred at areas that are 
    exposed to precipitation or that otherwise drain to a storm water 
    conveyance at the facility after the date of 3 years prior to the date 
    of the submission of a Notice of Intent (NOI) to be covered under this 
    permit. Such list shall be updated as appropriate during the term of 
    the permit.
        (d) Sampling Data--A summary of existing discharge sampling data 
    describing pollutants in storm water discharges from the facility, 
    including a summary of sampling data collected during the term of this 
    permit.
        (e) Risk Identification and Summary of Potential Pollutant 
    Sources--A narrative description of the potential pollutant sources 
    from the following activities: loading and unloading operations; 
    outdoor storage activities; outdoor manufacturing or processing 
    activities; significant dust or particulate generating processes; and 
    onsite waste disposal practices. The description shall specifically 
    list any significant potential source of pollutants at the site and for 
    each potential source, any pollutant or pollutant parameter (e.g., 
    biochemical oxygen demand, etc.) of concern shall be identified.
        (3) Measures and Controls. Each facility covered by this permit 
    shall develop a description of storm water management controls 
    appropriate for the facility, and implement such controls. The 
    appropriateness and priorities of controls in a plan shall reflect 
    identified potential sources of pollutants at the facility. The 
    description of storm water management controls shall address the 
    following minimum components, including a schedule for implementing 
    such controls:
        (a) Good Housekeeping--Good housekeeping requires the maintenance 
    of areas that may contribute pollutants to storm water discharges in a 
    clean, orderly manner. Particular attention should be paid to areas 
    where raw materials are stockpiled, material handling areas, storage 
    areas, liquid storage tanks, material handling areas, and loading/
    unloading areas.
        (b) Preventive Maintenance--A preventive maintenance program shall 
    involve timely inspection and maintenance of storm water management 
    devices (e.g., cleaning oil/water separators, catch basins) as well as 
    inspecting and testing facility equipment and systems to uncover 
    conditions that could cause breakdowns or failures resulting in 
    discharges of pollutants to surface waters, and ensuring appropriate 
    maintenance of such equipment and systems.
        (c) Spill Prevention and Response Procedures--Areas where potential 
    spills that can contribute pollutants to storm water discharges can 
    occur, and their accompanying drainage points shall be identified 
    clearly in the storm water pollution prevention plan. Where 
    appropriate, specifying material handling procedures, storage 
    requirements, and use of equipment such as diversion valves in the plan 
    should be considered. Procedures for cleaning up spills shall be 
    identified in the plan and made available to the appropriate personnel. 
    The necessary equipment to implement a clean up should be available to 
    personnel.
        (d) Inspections--In addition to or as part of the comprehensive 
    site evaluation required under XI.D.3.a.(4) of this section, qualified 
    facility personnel shall be identified to inspect designated equipment 
    and areas of the facility at appropriate intervals specified in the 
    plan. Material storage and handling areas, liquid storage tanks, 
    hoppers or silos, vehicle and equipment maintenance, cleaning, and 
    fueling areas, material handling vehicles, equipment and processing 
    areas shall be inspected at least once per month as part of the 
    maintenance program. A set of tracking or follow-up procedures shall be 
    used to ensure that appropriate actions are taken in response to the 
    inspections. Records of inspections shall be maintained.
        (e) Employee Training--Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management at all levels of responsibility of the 
    components and goals of the storm water pollution prevention plan. 
    Training should address topics such as spill response, good 
    housekeeping and material management practices. The pollution 
    prevention plan shall identify periodic dates for such training.
        (f) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents (such as spills, or other discharges), along with other 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. 
    Inspections and maintenance activities shall be documented and records 
    of such activities shall be incorporated into the plan.
        (g) Non-storm Water Discharges.
        (i) The plan shall include a certification that the discharge has 
    been tested or evaluated for the presence of non-storm water 
    discharges. The certification shall include the identification of 
    potential significant sources of non-storm water at the site, a 
    description of the results of any test and/or evaluation for the 
    presence of non-storm water discharges, the evaluation criteria or 
    testing method used, the date of any testing and/or evaluation, and the 
    onsite drainage points that were directly observed during the test. 
    Certifications shall be signed in accordance with Part VII.G. of this 
    permit. Such certification may not be feasible if the facility 
    operating the storm water discharge associated with industrial activity 
    does not have access to an outfall, manhole, or other point of access 
    to the ultimate conduit that receives the discharge. In such cases, the 
    source identification section of the storm water pollution prevention 
    plan shall indicate why the certification required by this part was not 
    feasible, along with the identification of potential significant 
    sources of non-storm water at the site. A discharger that is unable to 
    provide the certification required by this paragraph must notify the 
    Director in accordance with paragraph XI.D.3.a.(3)(g)(iii) (below).
        (ii) Except for flows from fire fighting activities, sources of 
    non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
    Discharges) of this permit that are combined with storm water 
    discharges associated with industrial activity must be identified in 
    the plan. 
    
    [[Page 51142]]
    The plan shall identify and ensure the implementation of appropriate 
    pollution prevention measures for the non-storm water component(s) of 
    the discharge.
        (iii) Failure to Certify--Any facility that is unable to provide 
    the certification required (testing for non-storm water discharges), 
    must notify the Director by [Insert date 270 days after permit 
    issuance] or, for facilities that begin to discharge storm water 
    associated with industrial activity after [Insert date 270 days after 
    permit issuance], 180 days after submitting an NOI to be covered by 
    this permit. If the failure to certify is caused by the inability to 
    perform adequate tests or evaluations, such notification shall 
    describe: the procedure of any test conducted for the presence of non-
    storm water discharges; the results of such test or other relevant 
    observations; potential sources of non-storm water discharges to the 
    storm sewer; and why adequate tests for such storm sewers were not 
    feasible. Non-storm water discharges to waters of the United States 
    that are not authorized by an NPDES permit are unlawful, and must be 
    terminated.
        (h) Sediment and Erosion Control--The plan shall identify areas 
    that, due to topography, activities, or other factors, have a high 
    potential for significant soil erosion, and identify structural, 
    vegetative, and/or stabilization measures to be used to limit erosion.
        (i) Management of Runoff--The plan shall contain a narrative 
    consideration of the appropriateness of traditional storm water 
    management practices (practices other than those that control the 
    generation or source(s) of pollutants) used to divert, infiltrate, 
    reuse, or otherwise manage storm water runoff in a manner that reduces 
    pollutants in storm water discharges from the site. The plan shall 
    provide that measures that the permittee determines to be reasonable 
    and appropriate shall be implemented and maintained. The potential of 
    various sources at the facility to contribute pollutants to storm water 
    discharges associated with industrial activity [see paragraph 
    XI.D.3.a.(2) of this section (Description of Potential Pollutant 
    Sources)] shall be considered when determining reasonable and 
    appropriate measures. Appropriate measures may include: vegetated 
    swales, reuse of collected storm water (such as for a process or as an 
    irrigation source), inlet controls (such as oil/water separators), 
    infiltration devices, and detention/retention basins or other 
    equivalent measures.
        (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
    shall conduct site compliance evaluations at appropriate intervals 
    specified in the plan, but in no case less than once a year. 
    Evaluations shall be conducted at least once at portable plant 
    locations that are not in operation for a complete year. Such 
    evaluations shall provide:
        (a) Areas contributing to a storm water discharge associated with 
    industrial activity including; material storage and handling areas, 
    liquid storage tanks, hoppers or silos, vehicle and equipment 
    maintenance, cleaning, and fueling areas, material handling vehicles, 
    equipment and processing areas, and areas where aggregate is stockpiled 
    outdoors shall be visually inspected for evidence of, or the potential 
    for, pollutants entering the drainage system. Measures to reduce 
    pollutant loadings shall be evaluated to determine whether they are 
    adequate and properly implemented in accordance with the terms of the 
    permit or whether additional control measures are needed. Structural 
    storm water management measures, (e.g., oil/water separators, detention 
    ponds, sedimentation basins or equivalent measures) sediment and 
    erosion control measures, and other structural pollution prevention 
    measures identified in the plan shall be observed to ensure that they 
    are operating correctly. A visual inspection of equipment needed to 
    implement the plan, such as dust collection equipment and spill 
    response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    XI.D.3.a.(2) of this section (description of potential pollutant 
    sources) and pollution prevention measures and controls identified in 
    the plan in accordance with XI.D.3.a.(3) of this section (measures and 
    controls) shall be revised as appropriate within 2 weeks of such 
    evaluation and shall provide for implementation of any changes to the 
    plan in a timely manner, but in no case later than 12 weeks after the 
    evaluation.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan, and actions taken in accordance with 
    paragraph (4)(b) (above) of the permit shall be made and retained as 
    part of the storm water pollution prevention plan for at least 3 years 
    after the date of the evaluation. The report shall identify any 
    incidents of noncompliance. Where a report does not identify any 
    incidents of noncompliance, the report shall contain a certification 
    that the facility is in compliance with the storm water pollution 
    prevention plan and this permit. The report shall be signed in 
    accordance with Part VII.G. (Signatory Requirements) of this permit.
        (d) Where compliance evaluation schedules overlap with inspections 
    required under XI.D.3.a.(3)(d), the compliance evaluation may be 
    conducted in place of one such inspection.
        4. Numeric Effluent Limitations. In addition to the numeric 
    effluent limitations listed in Part V.B. of this permit,discharges from 
    areas where production of asphalt paving and roofing emulsions occurs 
    may not exceed a TSS concentration of 23.0 mg/L of runoff for any 1 
    day, nor shall the average of daily values for 30 executive days exceed 
    a TSS concentration of 15.0 mg/L of runoff. Oil and grease 
    concentrations in storm water discharges from these areas may not 
    exceed 15.0 mg/L of runoff for any 1 day, nor should the average daily 
    values for 30 consecutive days exceed an oil and grease concentration 
    of 10.0 mg/L of runoff. The pH of these discharges must be within the 
    range of 6.0 to 9.0.
        5. Monitoring and Reporting Requirements. a. Analytical Monitoring 
    Requirements. During the period beginning [insert date 1 year after 
    permit issuance] lasting through [insert date 2 years after permit 
    issuance] and the period beginning [insert date 3 years after permit 
    issuance] lasting through [insert date 4 years after permit issuance], 
    permittees with asphalt paving and roofing materials manufacturing 
    facilities (including portable plants) must monitor their storm water 
    discharges associated with industrial activity at least quarterly (4 
    times per year) during years 2 and 4 except as provided in paragraphs 
    5.a.(3) (Sampling Waiver), 5.a.(4) (Representative Discharge), and 
    5.a.(5) (Alternative Certification). Asphalt paving and roofing 
    materials manufacturing facilities are required to monitor their storm 
    water discharges for the pollutant of concern listed in Table D-1 
    below. Facilities must report in accordance with 5.b. (Reporting). In 
    addition to the parameters listed in Table D-1 below, the permittee 
    shall provide the date and duration (in hours) of the storm event(s) 
    sampled; rainfall measurements or estimates (in inches) of the storm 
    event that generated the sampled runoff; the duration between the storm 
    event sampled and the end of the previous measurable (greater than 0.1 
    inch rainfall) storm event; and an estimate of the total volume (in 
    gallons) of the discharge sampled.
    
                                                                            
    
    [[Page 51143]]
                       Table D-1.--Monitoring Requirements                  
    ------------------------------------------------------------------------
                                                                 Cut-off    
                     Pollutants of concern                    concentration 
    ------------------------------------------------------------------------
    Total Suspended Solids................................  100 mg/L        
    ------------------------------------------------------------------------
    
    
    
        (1) Monitoring Periods. Asphalt paving and roofing materials 
    manufacturing facilities shall monitor samples collected during the 
    sampling periods of: January through March, April through June, July 
    through September, and October through December for the years specified 
    in paragraph a. (above).
        (2) Sample Type. A minimum of one grab sample shall be taken. All 
    such samples shall be collected from the discharge resulting from a 
    storm event that is greater than 0.1 inches in magnitude and that 
    occurs at least 72 hours from the previously measurable (greater than 
    0.1 inch rainfall) storm event. The required 72-hour storm event 
    interval is waived where the preceding measurable storm event did not 
    result in a measurable discharge from the facility. The required 72-
    hour storm event interval may also be waived where the permittee 
    documents that less than a 72-hour interval is representative for local 
    storm events during the season when sampling is being conducted. The 
    grab sample shall be taken during the first 30 minutes of the 
    discharge. If the collection of a grab sample during the first 30 
    minutes is impracticable, a grab sample can be taken during the first 
    hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable. If storm water discharges associated with 
    industrial activity commingle with process or nonprocess water, then 
    where practicable permittees must attempt to sample the storm water 
    discharge before it mixes with the non-storm water discharge.
        (3) Sampling Waiver.
        (a) Adverse Conditions--When a discharger is unable to collect 
    samples within a specified sampling period due to adverse climatic 
    conditions, the discharger shall collect a substitute sample from a 
    separate qualifying event in the next period and submit the data along 
    with data for the routine sample in that period. Adverse weather 
    conditions that may prohibit the collection of samples include weather 
    conditions that create dangerous conditions for personnel (such as 
    local flooding, high winds, hurricanes, tornadoes, electrical storms, 
    etc.) or otherwise make the collection of a sample impracticable 
    (drought, extended frozen conditions, etc.).
        (b) Low Concentration Waiver--When the average concentration for a 
    pollutant calculated from all monitoring data collected from an outfall 
    during the monitoring period [insert date 1 year after permit issuance] 
    lasting through [insert date 2 years after permit issuance] is less 
    than the corresponding value for that pollutant listed in Table B-1 
    under the column Monitoring Cut-off Concentration, a facility may waive 
    monitoring and reporting requirements in the monitoring period 
    beginning [insert date 3 years after permit issuance] lasting through 
    [insert date 4 years after permit issuance]. The facility must submit 
    to the Director, in lieu of the monitoring data, a certification that 
    there has not been a significant change in industrial activity or the 
    pollution prevention measures in area of the facility that drains to 
    the outfall for which sampling was waived.
        (c) When a discharger is unable to conduct quarterly chemical storm 
    water sampling at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirements as long 
    as the facility remains inactive and unstaffed. The facility must 
    submit to the Director, in lieu of monitoring data, a certification 
    statement on the DMR stating that the site is inactive and unstaffed so 
    that collecting a sample during a qualifying event is not possible.
        (4) Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluents. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan. The permittee shall 
    include the description of the location of the outfalls, explanation of 
    why outfalls are expected to discharge substantially identical 
    effluents, and estimate of the size of the drainage area and runoff 
    coefficient with the Discharge Monitoring Report.
        (5) Alternative Certification. A discharger is not subject to the 
    monitoring requirements of this section provided the discharger makes a 
    certification for a given outfall or on a pollutant-by-pollutant basis 
    in lieu of monitoring reports required under paragraph (b) below, under 
    penalty of law, signed in accordance with Part VII.G. (Signatory 
    Requirements), that material handling equipment or activities, raw 
    materials, intermediate products, final products, waste materials, by-
    products, industrial machinery or operations, or significant materials 
    from past industrial activity that are located in areas of the facility 
    within the drainage area of the outfall are not presently exposed to 
    storm water and are not expected to be exposed to storm water for the 
    certification period. Such certification must be retained in the storm 
    water pollution prevention plan, and submitted to EPA in accordance 
    with Part VI.C. of this permit. In the case of certifying that a 
    pollutant is not present, the permittee must submit the certification 
    along with the monitoring reports required under paragraph (b) below. 
    If the permittee cannot certify for an entire period, they must submit 
    the date exposure was eliminated and any monitoring required up until 
    that date. This certification option is not applicable to compliance 
    monitoring requirements in part XI.D.5.c of this permit associated with 
    effluent limitations.
        b. Reporting. Permittees with asphalt paving and roofing materials 
    manufacturing facilities shall submit monitoring results for each 
    outfall associated with industrial activity [or a certification in 
    accordance with Sections (3), (4), or (5) above] obtained during the 
    reporting period beginning [insert date 1 year after permit issuance] 
    lasting through [insert date 2 years after permit issuance] on 
    Discharge Monitoring Report Form(s) postmarked no later than the 31st 
    day of the following March [insert the date 2 years after permit 
    issuance]. Monitoring results [or a certification in accordance with 
    Sections (3), (4), or (5) above] obtained during the period beginning 
    [insert date 3 years after permit issuance] lasting through [insert 
    date 4 years after permit issuance] shall be submitted on Discharge 
    Monitoring Report Form(s) postmarked no later than the 31st day of the 
    following March. For each outfall, one signed Discharge Monitoring 
    Report Form must be submitted per storm event completed. Signed copies 
    of Discharge Monitoring 
    
    [[Page 51144]]
    Reports, or said certifications, shall be submitted to the Director of 
    the NPDES program at the address of the appropriate Regional Office 
    listed in Part VI.G. of the fact sheet.
        (1) Additional Notification. In addition to filing copies of 
    discharge monitoring reports in accordance with paragraph b (above), 
    asphalt paving and roofing materials manufacturing facilities with at 
    least one storm water discharge associated with industrial activity 
    through a large or medium municipal separate storm sewer system 
    (systems serving a population of 100,000 or more) must submit signed 
    copies of discharge monitoring reports to the operator of the municipal 
    separate storm sewer system in accordance with the dates provided in 
    paragraph b (above).
        c. Quarterly Visual Examination of Storm Water Quality. Facilities 
    shall perform and document a visual examination of a storm water 
    discharge associated with industrial activity from each outfall, except 
    discharges exempted below. The examination must be made at least once 
    in each designated period [described in (1), below] during daylight 
    hours unless there is insufficient rainfall or snow melt to produce a 
    runoff event.
        (1) Examinations shall be conducted in each of the following 
    periods for the purposes of evaluating storm water quality associated 
    with storm water runoff or snow melt: January through March; April 
    through June; July through September; and October through December.
        (2) Examinations shall be made of samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    1 hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual should carry out the collection and 
    examination of discharges for the life of the permit.
        (3) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (4) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfalls provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explaining in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (5) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation on site with the 
    results of the visual examination. Adverse weather conditions that may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricanes, tornadoes, electrical storms, etc.) or otherwise 
    make the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (6) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility remains inactive and unstaffed. The facility must maintain 
    a certification with the pollution prevention plan stating that the 
    site is inactive and unstaffed so that performing visual examinations 
    during a qualifying event is not feasible.
        d. Compliance Monitoring Requirements. Permitters with facilities 
    that produce asphalt paving or roofing emulsions must monitor their 
    storm water discharges associated with these activities for the 
    presence of TSS, oil and grease, and for pH at least annually (one time 
    per year). Facilities must report in accordance with 5.d.(2) 
    (reporting). In addition to the parameters listed above, the permittee 
    shall provide the date and duration (in hours) of the storm event(s) 
    sampled; rainfall measurements or estimates (in inches) of the storm 
    event that generated the sampled runoff; the duration between the storm 
    event sampled and the end of the previous measurable (greater than 0.1 
    inch rainfall) storm event; and an estimate of the total volume (in 
    gallons) of the discharge sampled.
        (1) Sample Type. A minimum of one grab sample shall be taken. All 
    such samples shall be collected from the discharge resulting from a 
    storm event that is greater than 0.1 inches in magnitude and that 
    occurs at least 72 hours from the previously measurable (greater than 
    0.1 inch rainfall) storm event. The grab sample shall be taken during 
    the first 30 minutes of the discharge. If the collection of a grab 
    sample during the first 30 minutes is impracticable, a grab sample can 
    be taken during the first hour of the discharge, and the discharger 
    shall submit with the monitoring report a description of why a grab 
    sample during the first 30 minutes was impracticable.
        (2) Reporting. Permittees with asphalt paving or roofing emulsion 
    production facilities shall submit monitoring results obtained during 
    the reporting period beginning [insert date of permit issuance] on 
    Discharge Monitoring Report Form(s) postmarked no later than the last 
    day of the following [insert month after permit issuance date]. Signed 
    copies of Discharge Monitoring Reports shall be submitted to the 
    Director of the NPDES program at the address of the appropriate 
    Regional Office indicated in Part VI.B. of this permit. For each 
    outfall one Discharge monitoring form shall be submitted per storm 
    event sampled.
        (3) Additional Notification. In addition to filing copies of 
    discharge monitoring reports in accordance with paragraph (2) (above), 
    permittees that discharge through a large or medium municipal separate 
    storm sewer system (systems serving a population of 100,000 or more) 
    must submit signed copies of discharge monitoring reports to the 
    operator of the municipal separate storm sewer system in accordance 
    with the dates provided in paragraph (3) (above).
    
    [[Page 51145]]
    
    
    E. Storm Water Discharges Associated With Industrial Activity From 
    Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing 
    Facilities
    
        1. Discharges Covered Under This Section. The requirements listed 
    under this section shall apply to storm water discharges from the 
    following activities: manufacturing flat, pressed, or blown glass or 
    glass containers; manufacturing hydraulic cement; manufacturing clay 
    products including tile and brick; manufacturing of pottery and 
    porcelain electrical supplies; manufacturing concrete products; 
    manufacturing gypsum products; nonclay refractories; and grinding or 
    otherwise treating minerals and earths. This section generally includes 
    the following types of manufacturing operations: flat glass, (SIC code 
    3211); glass containers, (SIC code 3221); pressed and blown glass, not 
    elsewhere classified, (SIC code 3229); hydraulic cement, (SIC code 
    3241); brick and structural clay tile, (SIC code 3251); ceramic wall 
    and floor tile, (SIC code 3253); clay refractories, (SIC code 3255); 
    structural clay products not elsewhere classified (SIC code 3259); 
    vitreous china table and kitchen articles (SIC code 3262); fine 
    earthenware table and kitchen articles (SIC code 3263); porcelain 
    electrical supplies, (SIC code 3264); pottery products, (SIC code 
    3269); concrete block and brick, (SIC code 3271); concrete products, 
    except block and brick (SIC code 3272); ready-mix concrete, (SIC code 
    3273); gypsum products, (SIC code 3275); minerals and earths, ground or 
    otherwise treated, (SIC code 3295); and nonclay refractories, (SIC code 
    3297).
        Facilities engaged in the following activities are not eligible for 
    coverage under this section: lime manufacturing (SIC 3274); cut stone 
    and stone products (SIC 3281); abrasive products (SIC 3291); asbestos 
    products (SIC 3292); mineral wool and mineral wool insulation products 
    (SIC 3296).
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        2. Special Conditions. a. Prohibition of Non-storm Water 
    Discharges. The discharge of pavement washwaters are only authorized 
    where the permittee has minimized the presence of spilled materials in 
    accordance with part XI.E.3.a.(3).(a).(i) of this permit.
        3. Storm Water Pollution Prevention Plan Requirements. a. Contents 
    of Plan. The plan shall include, at a minimum, the following items:
        (1) Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team that are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility or plant manager in its implementation, maintenance, and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        (2) Description of Potential Pollutant Sources. Each plan shall 
    provide a description of potential sources that may reasonably be 
    expected to add significant amounts of pollutants to storm water 
    discharges or that may result in the discharge of pollutants during dry 
    weather from separate storm sewers draining the facility. Each plan 
    shall identify all activities and significant materials that may 
    potentially be significant pollutant sources. Each plan shall include, 
    at a minimum:
        (a) Drainage.
        (i) A site map indicating an outline of the portions of the 
    drainage area of each storm water outfall that are within the facility 
    boundaries, each existing structural control measure to reduce 
    pollutants in storm water runoff, surface water bodies, locations where 
    significant materials are exposed to precipitation, locations where 
    major spills or leaks identified under Part XI.E.3.a.(2)(c) (Spills and 
    Leaks) of this permit have occurred, and the locations of the following 
    activities where such activities are exposed to precipitation: fueling 
    stations, vehicle and equipment maintenance and/or cleaning areas, 
    loading/unloading areas, locations used for the treatment, storage or 
    disposal of wastes, liquid storage tanks, processing areas and storage 
    areas. Facilities shall also identify, on the site map, the location of 
    any: bag house or other dust control device; recycle/sedimentation 
    pond, clarifier or other device used for the treatment of process 
    wastewater and the areas that drain to the treatment device. The map 
    must indicate the outfall locations and the types of discharges 
    contained in the drainage areas of the outfalls.
        (ii) For each area of the facility that generates storm water 
    discharges associated with industrial activity with a reasonable 
    potential for containing significant amounts of pollutants, a 
    prediction of the direction of flow, and an identification of the types 
    of pollutants that are likely to be present in storm water discharges 
    associated with industrial activity. Factors to consider include the 
    toxicity of chemical; quantity of chemicals used, produced or 
    discharged; the likelihood of contact with storm water; and history of 
    significant leaks or spills of toxic or hazardous pollutants. Flows 
    with a significant potential for causing erosion shall be identified.
        (b) Inventory of Exposed Materials.--An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation. Such inventory shall include a narrative description of 
    significant materials that have been handled, treated, stored or 
    disposed in a manner to allow exposure to storm water between the time 
    of 3 years prior to the date of the submission of a Notice of Intent 
    (NOI) to be covered under this permit and the present; method and 
    location of onsite storage or disposal; materials management practices 
    employed to minimize contact of materials with storm water runoff 
    between the time of 3 years prior to the date of the submission of a 
    Notice of Intent (NOI) to be covered under this permit and the present; 
    the location and a description of existing structural and nonstructural 
    control measures to reduce pollutants in storm water runoff; and a 
    description of any treatment the storm water receives.
        (c) Spills and Leaks--A list of significant spills and significant 
    leaks of toxic or hazardous pollutants that occurred at areas that are 
    exposed to precipitation or that otherwise drain to a storm water 
    conveyance at the facility after the date of 3 years prior to the date 
    of the submission of a Notice of Intent (NOI) to be covered under this 
    permit. Such list shall be updated as appropriate during the term of 
    the permit.
        (d) Sampling Data--A summary of existing discharge sampling data 
    describing pollutants in storm water discharges from the facility, 
    including a summary of sampling data collected during the term of this 
    permit.
        (e) Risk Identification and Summary of Potential Pollutant 
    Sources--A narrative description of the potential 
    
    [[Page 51146]]
    pollutant sources from the following activities: loading and unloading 
    operations; outdoor storage activities; outdoor manufacturing or 
    processing activities; significant dust or particulate generating 
    processes; and onsite waste disposal practices. The description shall 
    specifically list any significant potential source of pollutants at the 
    site and for each potential source, any pollutant or pollutant 
    parameter [e.g., Total Suspended Solids (TSS), etc.] of concern shall 
    be identified.
        (3) Measures and Controls. Each facility covered by this permit 
    shall develop a description of storm water management controls 
    appropriate for the facility, and implement such controls. The 
    appropriateness and priorities of controls in a plan shall reflect 
    identified potential sources of pollutants at the facility. The 
    description of storm water management controls shall address the 
    following minimum components, including a schedule for implementing 
    such controls:
        (a) Good Housekeeping--Good housekeeping requires the maintenance 
    of areas that may contribute pollutants to storm water discharges in a 
    clean, orderly manner.
        (i) Facilities shall prevent or minimize the discharge of spilled 
    cement, aggregate (including sand or gravel), kiln dust, fly ash, 
    settled dust other significant materials in storm water from paved 
    portions of the site that are exposed to storm water. Measures used to 
    minimize the presence of these materials may include regular sweeping, 
    or other equivalent measures. The plan shall indicate the frequency of 
    sweeping or other measures. The frequency shall be determined based 
    upon consideration of the amount of industrial activity occurring in 
    the area and frequency of precipitation, but shall not be less than 
    once per week when cement, aggregate, kiln dust or fly ash are being 
    handled or otherwise processed in the area.
        (ii) Facilities shall prevent the exposure of fine granular solids 
    such as cement, fly ash, and kiln dust to storm water. Where 
    practicable, these materials shall be stored in enclosed silos, hoppers 
    or buildings, in covered areas, or under covering.
        (b) Preventive Maintenance--A preventive maintenance program shall 
    involve routine inspection and maintenance of storm water management 
    devices (e.g., cleaning oil/water separators, catch basins) as well as 
    inspecting and testing facility equipment and systems to uncover 
    conditions that could cause breakdowns or failures resulting in 
    discharges of pollutants to surface waters, and ensuring appropriate 
    maintenance of such equipment and systems.
        (c) Spill Prevention and Response Procedures--Areas where potential 
    spills that can contribute pollutants to storm water discharges can 
    occur, and their accompanying drainage points shall be identified 
    clearly in the storm water pollution prevention plan. Where 
    appropriate, specifying material handling procedures, storage 
    requirements, and use of equipment such as diversion valves in the plan 
    should be considered. Procedures for cleaning up spills shall be 
    identified in the plan and made available to the appropriate personnel. 
    The necessary equipment to implement a clean up should be available to 
    personnel.
        (d) Inspections--Qualified facility personnel shall be identified 
    to inspect designated equipment and areas of the facility specified in 
    the plan. The inspection frequency shall be specified in the plan based 
    upon a consideration of the level of industrial activity at the 
    facility, but shall be a minimum of once per month while the facility 
    is in operation. The inspection shall take place while the facility is 
    in operation and shall at a minimum include all of the following areas 
    that are exposed to storm water at the site: material handling areas, 
    above ground storage tanks, hoppers or silos, dust collection/
    containment systems, truck wash down and equipment cleaning areas. 
    Tracking or follow-up procedures shall be used to ensure that 
    appropriate actions are taken in response to the inspections. Records 
    of inspections shall be maintained.
        (e) Employee Training--Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management at all levels of responsibility of the 
    components and goals of the storm water pollution prevention plan. 
    Training should address topics such as spill response, good 
    housekeeping, truck wash out procedures, equipment wash down procedures 
    and material management practices. The pollution prevention plan shall 
    identify periodic dates for such training.
        (f) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents (such as spills, or other discharges), along with other 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. 
    Inspections and maintenance activities shall be documented and records 
    of such activities shall be incorporated into the plan.
        (g) Non-storm Water Discharges.
        (i) The plan shall include a certification that the discharge has 
    been tested or evaluated for the presence of non-storm water 
    discharges. The certification shall include the identification of 
    potential significant sources of non-storm water at the site, a 
    description of the results of any test and/or evaluation for the 
    presence of non-storm water discharges, the evaluation criteria or 
    testing method used, the date of any testing and/or evaluation, and the 
    onsite drainage points that were directly observed during the test. 
    Certifications shall be signed in accordance with Part VII.G. of this 
    permit. Such certification may not be feasible if the facility 
    operating the storm water discharge associated with industrial activity 
    does not have access to an outfall, manhole, or other point of access 
    to the ultimate conduit that receives the discharge. In such cases, the 
    source identification section of the storm water pollution prevention 
    plan shall indicate why the certification required by this part was not 
    feasible, along with the identification of potential significant 
    sources of non-storm water at the site. A discharger that is unable to 
    provide the certification required by this paragraph must notify the 
    Director in accordance with paragraph XI.E.3.a.(3)(g)(iii) (below).
        Facilities engaged in production of ready-mix concrete, concrete 
    block, brick or other products shall include in the certification a 
    description of measures that insure that process waste water that 
    results from washing of trucks, mixers, transport buckets, forms or 
    other equipment are discharged in accordance with NPDES requirements or 
    are recycled. Facilities with wash water recycle ponds shall include an 
    estimate of the amount of rainfall (in inches) required to cause the 
    recycle pond to overflow in a 24-hour period.
        (ii) Except for flows from fire fighting activities, sources of 
    non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
    Discharges) of this permit that are combined with storm water 
    discharges associated with industrial activity must be identified in 
    the plan. The plan shall identify and ensure the implementation of 
    appropriate pollution prevention measures for the non-storm water 
    component(s) of the discharge.
        (iii) Failure to Certify--Any facility that is unable to provide 
    the certification required (testing for non-storm water discharges), 
    must notify the Director by [Insert date 270 days after permit 
    issuance] or, for facilities that begin to discharge storm water 
    
    [[Page 51147]]
    associated with industrial activity after [Insert date 270 days after 
    permit issuance], 180 days after submitting an NOI to be covered by 
    this permit. If the failure to certify is caused by the inability to 
    perform adequate tests or evaluations, such notification shall 
    describe: the procedure of any test conducted for the presence of non-
    storm water discharges; the results of such test or other relevant 
    observations; potential sources of non-storm water discharges to the 
    storm sewer; and why adequate tests for such storm sewers were not 
    feasible. Non-storm water discharges to waters of the United States 
    that are not authorized by an NPDES permit are unlawful, and must be 
    terminated.
        (i) Sediment and Erosion Control--The plan shall identify areas 
    that, due to topography, activities, or other factors, have a high 
    potential for significant soil erosion, and identify structural, 
    vegetative, and/or stabilization measures to be used to limit erosion.
        (i) Management of Runoff--The plan shall contain a narrative 
    consideration of the appropriateness of traditional storm water 
    management practices (practices other than those that control the 
    generation or source(s) of pollutants) used to divert, infiltrate, 
    reuse, or otherwise manage storm water runoff in a manner that reduces 
    pollutants in storm water discharges from the site. The plan shall 
    provide that measures that the permittee determines to be reasonable 
    and appropriate shall be implemented and maintained. The potential of 
    various sources at the facility to contribute pollutants to storm water 
    discharges associated with industrial activity [see paragraph 
    XI.E.3.a.(2) of this section (Description of Potential Pollutant 
    Sources)] shall be considered when determining reasonable and 
    appropriate measures. Appropriate measures may include: vegetative 
    swales and practices, reuse of collected storm water (such as for a 
    process or as an irrigation source), inlet controls (such as oil/water 
    separators), snow management activities, infiltration devices, and wet 
    detention/retention devices or other equivalent measures.
        (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
    shall conduct site compliance evaluations at appropriate intervals 
    specified in the plan, but, in no case less than once a year. Such 
    evaluations shall provide:
        (a) Areas contributing to a storm water discharge associated with 
    industrial activity including but not limited to: material handling 
    areas, above ground storage tanks, hoppers or silos, dust collection/
    containment systems, truck wash down and equipment cleaning areas shall 
    be visually inspected for evidence of, or the potential for, pollutants 
    entering the drainage system. Measures to reduce pollutant loadings 
    shall be evaluated to determine whether they are adequate and properly 
    implemented in accordance with the terms of the permit or whether 
    additional control measures are needed. Structural storm water 
    management measures, sediment and erosion control measures, and other 
    structural pollution prevention measures such as recycle ponds, 
    identified in the plan shall be observed to ensure that they are 
    operating correctly. A visual inspection of equipment needed to 
    implement the plan, such as spill response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    paragraph XI.E.3.a.(2) of this section (Description of Potential 
    Pollutant Sources) and pollution prevention measures and controls 
    identified in the plan in accordance with paragraph XI.E.3.a.(3) of 
    this section (Measures and Controls) shall be revised as appropriate 
    within 2 weeks of such evaluation and shall provide for implementation 
    of any changes to the plan in a timely manner, but in no case more than 
    12 weeks after the evaluation.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan, and actions taken in accordance with 
    paragraph XI.E.3.a.(4)(b) (above) of the permit shall be made and 
    retained as part of the storm water pollution prevention plan for at 
    least 3 years after the date of the evaluation. The report shall 
    identify any incidents of noncompliance. Where a report does not 
    identify any incidents of noncompliance, the report shall contain a 
    certification that the facility is in compliance with the storm water 
    pollution prevention plan and this permit. The report shall be signed 
    in accordance with Part VII.G. (Signatory Requirements) of this permit.
        (d) Where compliance evaluation schedules overlap with inspections 
    required under 3.a.(3)(d), the compliance evaluation may be conducted 
    in place of one such inspection.
    4. Numeric Effluent Limitations
        In addition to the numeric effluent limitations described by Part 
    V.B, the following limitations shall be met by existing and new 
    dischargers.
        a. Cement Manufacturing Facility, Material Storage Runoff. Any 
    discharge composed of runoff that derives from the storage of materials 
    including raw materials, intermediate products, finished products, and 
    waste materials that are used in or derived from the manufacture of 
    cement shall not exceed a maximum concentration for any time of 50 mg/L 
    Total Suspended Solids (TSS) nor the 6.0 to 9.0 range limitation for 
    pH. Runoff from the storage piles shall not be diluted with other storm 
    water runoff or flows to meet this limitation. Any untreated overflow 
    from facilities designed, constructed and operated to treat the volume 
    of material storage pile runoff that is associated with a 10-year, 24-
    hour rainfall event shall not be subject to the TSS or pH limitations. 
    Dischargers subject to these numeric effluent limitations must be in 
    compliance with these limits upon commencement of coverage and for the 
    entire term of this permit.
    5. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. During the period beginning 
    [insert date 1 year after permit issuance] lasting through [insert date 
    2 years after permit issuance] and the period beginning [insert date 3 
    years after permit issuance] lasting through [insert date 4 years after 
    permit issuance], permittees that manufacture clay products and 
    concrete products and gypsum products must monitor their storm water 
    discharges associated with industrial activity at least quarterly (4 
    times per year during years 2 and 4) except as provided in paragraphs 
    5.a.(3) (Sampling Waiver), 5.a.(4) (Representative Discharge), and 
    5.a.(5) (Alternative Certification).
        Clay product manufacturers include; brick and structural clay tile 
    manufacturers (SIC 3251), ceramic wall and floor tile manufacturers 
    (SIC 3253), clay refractories (SIC 3255), manufacturers of structural 
    clay products, not elsewhere classified (SIC 3259), manufacturers of 
    vitreous china table and kitchen articles (SIC 3232), manufacturers of 
    fine earthenware table and kitchen articles (SIC 3263), manufacturers 
    of porcelain electrical supplies (SIC 3264), pottery products (SIC 
    3269) and non-clay refractories (3297). Facilities with these 
    industrial activities must monitor for the pollutant listed in Table E-
    1.
        Concrete and gypsum product manufacturers include concrete block 
    and brick manufacturers (SIC 3271), concrete products manufacturers 
    (SIC 3272), ready mix concrete manufacturers (SIC 3273), gypsum 
    
    [[Page 51148]]
    product manufacturers (SIC 3275) and manufacturers of mineral and earth 
    products (SIC 3295). Facilities with these industrial activities must 
    monitor for the pollutant listed in Table E-2.
        Facilities must report in accordance with 5.b. (Reporting). In 
    addition to the parameters listed in Tables E-1 and E-2 below, the 
    permittee shall provide the date and duration (in hours) of the storm 
    event(s) sampled; rainfall measurements or estimates (in inches) of the 
    storm event that generated the sampled runoff; the duration between the 
    storm event sampled and the end of the previous measurable (greater 
    than 0.1 inch rainfall) storm event; and an estimate of the total 
    volume (in gallons) of the discharge sampled.
    
       Table E-1.--Monitoring Requirements for Clay Product Manufacturers   
    ------------------------------------------------------------------------
                                                                 Monitoring 
                      Pollutants of concern                       cut-off   
                                                               concentration
    ------------------------------------------------------------------------
    Total Recoverable Aluminum...............................  0.75 mg/L    
    ------------------------------------------------------------------------
    
    
       Table E-2.--Monitoring Requirements for Concrete and Gypsum Product  
                                  Manufacturers                             
    ------------------------------------------------------------------------
                                                                 Monitoring 
                      Pollutants of concern                       cut-off   
                                                               concentration
    ------------------------------------------------------------------------
    Total Suspended Solids (TSS).............................  100 mg/L     
    Total Recoverable Iron...................................  1.0 mg/L     
    ------------------------------------------------------------------------
    
        (1) Monitoring Periods. Facilities subject to analytical monitoring 
    requirements described in part XI.E.5.a, shall monitor samples 
    collected during the sampling periods of: January to March, April to 
    June, July to September, and October to December for the years 
    specified in paragraph a. (above).
        (2) Sample Type. A minimum of one grab sample shall be taken. All 
    such samples shall be collected from the discharge resulting from a 
    storm event that is greater than 0.1 inches in magnitude and that 
    occurs at least 72 hours from the previously measurable (greater than 
    0.1 inch rainfall) storm event. The required 72-hour storm event 
    interval is waived where the preceding measurable storm event did not 
    result in a measurable discharge from the facility. The required 72-
    hour storm event interval may also be waived where the permittee 
    documents that less than a 72-hour interval is representative for local 
    storm events during the season when sampling is being conducted. The 
    grab sample shall be taken during the first 30 minutes of the 
    discharge. If the collection of a grab sample during the first 30 
    minutes is impracticable, a grab sample can be taken during the first 
    hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable. If storm water discharges associated with 
    industrial activity commingle with process or non-process water, then 
    where practicable permittees must attempt to sample the storm water 
    discharge before it mixes with the non-storm water discharge.
        (3) Sampling Waiver.
        (a) Adverse Conditions--When a discharger is unable to collect 
    samples within a specified sampling period due to adverse climatic 
    conditions, the discharger shall collect a substitute sample from a 
    separate qualifying event in the next period and submit the data along 
    with data for the routine sample in that period. Adverse weather 
    conditions that may prohibit the collection of samples include weather 
    conditions that create dangerous conditions for personnel (such as 
    local flooding, high winds, hurricane, tornadoes, electrical storms, 
    etc.) or otherwise make the collection of a sample impracticable 
    (drought, extended frozen conditions, etc.).
        (b) Low Concentration Waiver--When the average concentration for a 
    pollutant calculated from all monitoring data collected from an outfall 
    during the monitoring period [insert date 1 year after permit issuance] 
    lasting through [insert date 2 years after permit issuance] is less 
    than the corresponding value for that pollutant listed in Table E-1 
    under the column Monitoring Cut-off Concentration, a facility may waive 
    monitoring and reporting requirements in the monitoring period 
    beginning [insert date 3 years after permit issuance] lasting through 
    [insert date 4 years after permit issuance]. The facility must submit 
    to the Director, in lieu of the monitoring data, a certification that 
    there has not been a significant change in industrial activity or the 
    pollution prevention measures in area of the facility that drains to 
    the outfall for which sampling was waived.
        (c) When a discharger is unable to conduct quarterly chemical storm 
    water sampling at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirements as long 
    as the facility remains inactive and unstaffed. The facility must 
    submit to the Director, in lieu of monitoring data, a certification 
    statement on the DMR stating that the site is inactive and unstaffed so 
    that collecting a sample during a qualifying event is not possible.
        (4) Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluents. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan. The permittee shall 
    include the description of the location of the outfalls, explanation of 
    why outfalls are expected to discharge substantially identical 
    effluents, and estimate of the size of the drainage area and runoff 
    coefficient with the Discharge Monitoring Report.
        (5) Alternative Certification. A discharger is not subject to the 
    monitoring requirements of this section provided the discharger makes a 
    certification for a given outfall, on pollutant by pollutant basis in 
    lieu of monitoring reports required by paragraph (b) below, under 
    penalty of law, signed in accordance with Part VII.G. (Signatory 
    Requirements), that material handling equipment or activities, raw 
    materials, intermediate products, final products, waste materials, by-
    products, industrial machinery or operations, or significant materials 
    from past industrial activity that are located in areas of the facility 
    within the drainage area of the outfall are not presently exposed to 
    storm water and are not expected to be exposed to storm water for the 
    certification period. Such certification must be retained in the storm 
    water pollution prevention plan, and submitted to EPA in accordance 
    with Part VI.C. of this permit. In the case of certifying that a 
    pollutant is not present, the permittee must submit the certification 
    along with the monitoring reports required under paragraph (b) below. 
    If the permittee cannot certify for an entire period, they must submit 
    the date exposure was eliminated and any monitoring required 
    
    [[Page 51149]]
    up until that date. This certification option is not applicable to 
    compliance monitoring requirements associated with effluent 
    limitations. EPA does not expect facilities to be able to exercise this 
    certification for indicator parameters, such as TSS and BOD.
        (b) Reporting. Permittees with monitoring requirements under Part 
    XI.E.5.a. shall submit monitoring results for each outfall associated 
    with industrial activity [or a certification in accordance with 
    Sections (3), (4), or (5) above] obtained during the reporting period 
    beginning [insert date 1 year after permit issuance] lasting through 
    [insert date 2 years after permit issuance] on Discharge Monitoring 
    Report Form(s) postmarked no later than the 31st day of the following 
    March [insert the date 2 years after permit issuance]. Monitoring 
    results [or a certification in accordance with Sections (3), (4), or 
    (5) above] obtained during the period beginning [insert date 3 years 
    after permit issuance] lasting through [insert date 4 years after 
    permit issuance] shall be submitted on Discharge Monitoring Report 
    Form(s) postmarked no later than the 31st day of the following March. 
    For each outfall, one signed Discharge Monitoring Report Form must be 
    submitted for each event sampled. Signed copies of Discharge Monitoring 
    Reports, or said certifications, shall be submitted to the Director of 
    the NPDES program at the address of the appropriate Regional Office 
    listed in Part VI.G. of the fact sheet to this permit.
        (1) Additional Notification. In addition to filing copies of 
    discharge monitoring reports in accordance with paragraph b (above), 
    facilities with monitoring requirements under Part XI.E.5.a. with at 
    least one storm water discharge associated with industrial activity 
    through a large or medium municipal separate storm sewer system 
    (systems serving a population of 100,000 or more) must submit signed 
    copies of discharge monitoring reports to the operator of the municipal 
    separate storm sewer system in accordance with the dates provided in 
    paragraph b (above).
        c. Quarterly Visual Examination of Storm Water Quality. Glass, 
    clay, cement, concrete, and gypsum manufacturing facilities shall 
    perform and document a visual examination of a storm water discharge 
    associated with industrial activity from each outfall, except 
    discharges exempted below. The examination(s) must be made at least 
    once in each of the following three-month periods: January through 
    March, April through June, July through September, and October through 
    December. The examination shall be made during daylight hours unless 
    there is insufficient rainfall or snow melt to produce a runoff event.
        (1) Examinations shall be made of grab samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    1 hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual should carry out the collection and 
    examination of discharges for entire permit term.
        (2) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (3) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the evaluation data also applies 
    to the substantially identical outfall(s) provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (4) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examinations. Adverse weather conditions that may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (5) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility remains inactive and unstaffed. The facility must maintain 
    a certification with the pollution prevention plan stating that the 
    site is inactive and unstaffed so that performing visual examinations 
    during a qualifying event is not feasible.
        d. Compliance Monitoring Requirements. Permittees with cement 
    manufacturing facilities must monitor runoff from material storage for 
    the presence of TSS and pH at least annually (one time per year). 
    Facilities must report in accordance with 5.d.(2) below (reporting). In 
    addition to the parameters listed above, the permittee shall provide 
    the date and duration (in hours) of the storm event(s) sampled; 
    rainfall measurements or estimates (in inches) of the storm event that 
    generated the sampled runoff; the duration between the storm event 
    sampled and the end of the previous measurable (greater than 0.1 inch 
    rainfall) storm event; and an estimate of the total volume (in gallons) 
    of the discharge sampled.
        (1) Sample Type. A minimum of one grab sample shall be taken. All 
    such samples shall be collected from the discharge resulting from a 
    storm event that is greater than 0.1 inches in magnitude and that 
    occurs at least 72 hours from the previously measurable (greater than 
    0.1 inch rainfall) storm event. The grab sample shall be taken during 
    the first 30 minutes of the discharge. If the collection of a grab 
    sample during the first 30 minutes is impracticable, a grab sample can 
    be taken during the first hour of the discharge, and the discharger 
    shall submit with the monitoring report a description of why a grab 
    sample during the first 30 minutes was impracticable.
    
    [[Page 51150]]
    
        (2) Reporting. Permittees with material storage runoff from cement 
    manufacturing facilities shall submit monitoring results obtained 
    during the reporting period beginning [insert date of permit issuance] 
    on Discharge Monitoring Report Form(s) postmarked no later than the 
    31st day of the following [insert month after permit issuance date]. 
    Signed copies of Discharge Monitoring Reports shall be submitted to the 
    Director of the NPDES program at the address of the appropriate 
    Regional Office indicated in Part VI.B. of this permit. For each 
    outfall, one signed Discharge Monitoring Report form shall be submitted 
    for each storm event sampled.
        (3) Additional Notification. In addition to filing copies of 
    discharge monitoring reports in accordance with paragraph (2) (above), 
    permittees with discharges of material storage runoff from cement 
    manufacturing facilities through a large or medium municipal separate 
    storm sewer system (systems serving a population of 100,000 or more) 
    must submit signed copies of discharge monitoring reports to the 
    operator of the municipal separate storm sewer system in accordance 
    with the dates provided in paragraph 5.d.(3) (above).
    
     F. Storm Water Discharges Associated With Industrial Activity From 
    Primary Metals Facilities
    
    1. Discharges Covered Under This Section
        The requirements listed under this section of today's permit shall 
    apply to storm water discharges from the primary metal industry, which 
    includes the following types of facilities:
        a. Steel works, blast furnaces, and rolling and finishing mills 
    including: steel wiredrawing and steel nails and spikes; cold-rolled 
    steel sheet, strip, and bars; and steel pipes and tubes (SIC code 331).
        b. Iron and steel foundries, including: gray and ductile iron, 
    malleable iron, steel investment, and steel foundries not elsewhere 
    classified (SIC code 332).
        c. Primary smelting and refining of nonferrous metals, including: 
    primary smelting and refining of copper, and primary production of 
    aluminum (SIC code 333).
        d. Secondary smelting and refining of nonferrous metals (SIC code 
    334).
        e. Rolling, drawing, and extruding of nonferrous metals, including: 
    rolling, drawing, and extruding of copper; rolling, drawing, and 
    extruding of nonferrous metals, except copper and aluminum; and drawing 
    and insulating of nonferrous wire (SIC code 335).
        f. Nonferrous foundries (castings), including: aluminum die-
    castings, nonferrous die-castings, except aluminum, aluminum foundries, 
    copper foundries, and nonferrous foundries, except copper and aluminum 
    (SIC code 336).
        g. Miscellaneous primary metal products, not elsewhere classified, 
    including: metal heat treating, and primary metal products, not 
    elsewhere classified (SIC code 339).
        Activities covered include, but are not limited to, storm water 
    discharges associated with coking operations, sintering plants, blast 
    furnaces, smelting operations, rolling mills, casting operations, heat 
    treating, extruding, drawing, or forging of all types of ferrous and 
    nonferrous metals, scrap, and ore.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
    2. Special Conditions
        a. Prohibition of Non-storm Water Discharges. There are no 
    additional requirements beyond those described in Part III.A.2. of this 
    permit.
    3. Storm Water Pollution Prevention Plan Requirements
        a. Contents of Plan. The plan shall include, at a minimum, the 
    following items:
        (1) Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team that are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility or plant manager in its implementation, maintenance, and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        (2) Description of Potential Pollutant Sources. Each plan shall 
    provide a description of potential sources that may reasonably be 
    expected to add significant amounts of pollutants to storm water 
    discharges or that may result in the discharge of pollutants during dry 
    weather from separate storm sewers draining the facility. Each plan 
    shall identify all activities and significant materials that may 
    potentially be significant pollutant sources. Each plan shall include, 
    at a minimum:
        (a) Drainage.
        (i) A site map indicating an outline of the portions of the 
    drainage area of each storm water outfall that are within the facility 
    boundaries, each existing structural control measure to reduce 
    pollutants in storm water runoff, surface water bodies, locations where 
    significant materials are exposed to precipitation, locations where 
    major spills or leaks identified under Part XI.F.3.a.(2)(c) (Spills and 
    Leaks) of this permit have occurred, and the locations of the following 
    activities where such activities are exposed to precipitation: fueling 
    stations, vehicle and equipment maintenance and/or cleaning areas, 
    loading/unloading areas, locations used for the treatment, storage or 
    disposal of wastes such as spent solvents or baths, sand, slag or 
    dross, liquid storage tanks or drums, processing areas including 
    pollution control equipment such as baghouses, and storage areas of raw 
    materials such as coal, coke, scrap, sand, fluxes, refractories, or 
    metal in any form. The map shall also indicate areas of the facility 
    where accumulation of significant amounts of particulate matter from 
    operations such as furnace or oven emissions or losses from coal/coke 
    handling operations, etc., is likely, and could result in a discharge 
    of pollutants to waters of the United States. The map must indicate the 
    outfall locations and the types of discharges contained in the drainage 
    areas of the outfalls.
        (ii) For each area of the facility that generates storm water 
    discharges associated with industrial activity with a reasonable 
    potential for containing significant amounts of pollutants, a 
    prediction of the direction of flow, and an identification of the types 
    of pollutants that are likely to be present in storm water discharges 
    associated with industrial activity. Factors to consider include the 
    toxicity of a chemical; quantity of chemicals used, produced or 
    discharged; the likelihood of contact with storm water; and history of 
    significant leaks or spills of toxic or hazardous pollutants. Flows 
    with a significant potential for causing erosion shall be identified. 
    
    [[Page 51151]]
    
        (b) Inventory of Exposed Materials--An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation. Such inventory shall include a narrative description of 
    significant materials that have been handled, treated, stored or 
    disposed in a manner to allow exposure to storm water between the time 
    of 3 years prior to the date of the submission of a Notice of Intent 
    (NOI) to be covered under this permit and the present; method and 
    location of onsite storage or disposal; materials management practices 
    employed to minimize contact of materials with storm water runoff 
    between the time of 3 years prior to the date of the submission of a 
    Notice of Intent (NOI) to be covered under this permit and the present; 
    the location and a description of existing structural and nonstructural 
    control measures to reduce pollutants in storm water runoff; and a 
    description of any treatment the storm water receives. This description 
    should also include areas with the potential for deposition of 
    particulate matter from process air emissions or losses during material 
    handling activities. The description shall be updated whenever there is 
    a significant change in the type or quantity of exposed materials, or 
    material management practices, that may affect the exposure of 
    materials to storm water.
        (c) Spills and Leaks--A list of significant spills and significant 
    leaks of toxic or hazardous pollutants that occurred at areas that are 
    exposed to precipitation or that otherwise drain to a storm water 
    conveyance at the facility after the date of 3 years prior to the date 
    of the submission of a Notice of Intent (NOI) to be covered under this 
    permit. Such list shall be updated as appropriate during the term of 
    the permit.
        (d) Sampling Data--A summary of existing discharge sampling data 
    describing pollutants in storm water discharges from the facility, 
    including a summary of sampling data collected during the term of this 
    permit.
        (e) Risk Identification and Summary of Potential Pollutant 
    Sources--A narrative description of the potential pollutant sources 
    from the following activities: loading and unloading operations; 
    outdoor storage activities; outdoor manufacturing or processing 
    activities; significant dust or particulate generating processes 
    occurring indoors or out, with or without pollution control equipment 
    in place to trap particulates; and onsite waste disposal practices. The 
    description shall specifically list any significant potential source of 
    pollutants at the site and for each potential source, any pollutant or 
    pollutant parameter (e.g., chemical oxygen demand, oil and grease, 
    copper, lead, zinc, etc.) of concern, shall be identified.
        (3) Measures and Controls. Each facility covered by this permit 
    shall develop a description of storm water management controls 
    appropriate for the facility, and implement such controls. The 
    appropriateness and priorities of controls in a plan shall reflect 
    identified potential sources of pollutants at the facility. The 
    description of storm water management controls shall address the 
    following minimum components, including a schedule for implementing 
    such controls:
        (a) Good Housekeeping--Good housekeeping requires the maintenance 
    of areas that may contribute pollutants to storm water discharges in a 
    clean, orderly manner. The pollution prevention plan should consider 
    implementation of the following measures, or equivalent measures, where 
    applicable.
        (i) Establish a cleaning or maintenance program for all impervious 
    areas of the facility where particulate matter, dust, or debris may 
    accumulate, particularly areas of material loading/unloading, material 
    storage and handling, and processing.
        (ii) Pave areas of vehicle traffic or material storage where 
    vegetative or other stabilization methods are not practical. Institute 
    sweeping programs in these areas as well.
        (iii) For unstabilized areas of the facility where sweeping is not 
    practical, storm water management devices such as sediment traps, 
    vegetative buffer strips, filter fabric fence, sediment filtering boom, 
    gravel outlet protection, or other equivalent measures, that 
    effectively trap or remove sediment should be considered.
        (b) Source Controls--The permittee shall consider preventive 
    measures to minimize the potential exposure of all significant 
    materials (as described in Part XI.F.3.a.(3) of this section) to 
    precipitation and storm water runoff. The permittee should consider the 
    implementation of the following measures, or equivalent measures, to 
    reduce the exposure of all materials to storm water:
        (i) Relocating all materials, including raw materials, intermediate 
    products, material handling equipment, obsolete equipment, and wastes 
    currently stored outside to inside locations.
        (ii) Establishment of a schedule for removal of wastes and obsolete 
    equipment to minimize the volume of these materials stored onsite that 
    may be exposed to storm water.
        (iii) Substitution of less hazardous materials, or materials less 
    likely to contaminate storm water, or substitution of recyclable 
    materials for nonrecyclables wherever possible.
        (iv) Constructing permanent or semipermanent covers, or other 
    similar forms of protection over stockpiled materials, material 
    handling and processing equipment. Options include roofs, tarps, and 
    covers. This may also include the use of containment bins or covered 
    dumpsters for raw materials, waste materials and nonrecyclable waste 
    materials.
        (v) Dikes, berms, curbs, trenches, or other equivalent measures to 
    divert runon from material storage, processing, or waste disposal 
    areas.
        (c) Preventive Maintenance--A preventive maintenance program shall 
    involve timely inspection and maintenance of storm water management 
    devices (e.g., cleaning oil/water separators, catch basins) as well as 
    inspecting and testing facility equipment and systems to uncover 
    conditions that could cause breakdowns or failures resulting in 
    discharges of pollutants to surface waters, and ensuring appropriate 
    maintenance of such equipment and systems.
        (i) A schedule for inspection and maintenance of all particulate 
    emissions control equipment should be established to ensure proper 
    operation. Inspections should be conducted as described in Section 
    XI.F.3.a.(3)(e) below. Detection of any leaks or defects that could 
    lead to excessive emissions shall be repaired as soon as practicable. 
    Where significant settling or deposition from process emissions are 
    observed during proper operation of existing equipment, the permittee 
    shall consider ways to reduce these emissions including but not limited 
    to: upgrading or replacing existing equipment; collecting runoff from 
    areas of deposition for treatment or recycling; or changes in materials 
    or processes to reduce the generation of particulate matter.
        (ii) Structural Best Management Practices (BMPs) will be visually 
    inspected for signs of washout, excessive sedimentation, deterioration, 
    damage, or overflowing, and shall be repaired or maintained as soon as 
    practicable.
        (d) Spill Prevention and Response Procedures--Areas where potential 
    spills that can contribute pollutants to storm water discharges may 
    occur, and their accompanying drainage points shall be identified 
    clearly in the storm water pollution prevention plan. Where 
    appropriate, specifying material handling procedures, storage 
    
    [[Page 51152]]
    requirements, and use of equipment such as diversion valves in the plan 
    should be considered. Procedures for cleaning up spills shall be 
    identified in the plan and made available to the appropriate personnel. 
    The necessary equipment to implement a clean up should be available to 
    personnel.
        (e) Inspections--Qualified facility personnel shall be identified 
    to inspect designated equipment and areas of the facility at 
    appropriate intervals, but no less frequently than once during each of 
    the following periods: January through March; April through June; July 
    through September; and October through December. A set of tracking or 
    follow-up procedures shall be used to ensure that appropriate actions 
    are taken in response to the inspections. Records of inspections shall 
    be maintained. Inspections shall be conducted on a quarterly basis and 
    address, at a minimum, the following areas where applicable:
        (i) Air pollution control equipment such as baghouses, 
    electrostatic precipitators, scrubbers, and cyclones, should be 
    inspected on a routine basis for any signs of disrepair such as leaks, 
    corrosion, or improper operation that could limit their efficiency and 
    lead to excessive emissions. The permittee should consider monitoring 
    air flow at inlets and outlets, or equivalent measures, to check for 
    leaks or blockage in ducts. Visual inspections shall be made for 
    corrosion, leaks, or signs of particulate deposition or visible 
    emissions that could indicate leaks.
        (ii) All process or material handling equipment such as conveyors, 
    cranes, and vehicles should be inspected for leaks, drips, etc. or for 
    the potential loss of materials.
        (iii) Material storage areas such as piles, bins or hoppers for 
    storing coke, coal, scrap, or slag, as well as chemicals stored in 
    tanks or drums, should be examined for signs of material losses due to 
    wind or storm water runoff.
        (f) Employee Training--Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management at all levels of responsibility of the 
    components and goals of the storm water pollution prevention plan. 
    Training should address topics such as spill response, good 
    housekeeping and material management practices. The pollution 
    prevention plan shall identify periodic dates for such training.
        (g) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents (such as spills, or other discharges), along with other 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. 
    Inspections and maintenance activities shall be documented and records 
    of such activities shall be incorporated into the plan.
        (h) Non-storm Water Discharges.
        (i) Certification. The plan shall include a certification that the 
    discharge has been tested or evaluated for the presence of non-storm 
    water discharges. The certification shall include the identification of 
    potential significant sources of non-storm water at the site, a 
    description of the results of any test and/or evaluation for the 
    presence of non-storm water discharges, the evaluation criteria or 
    testing method used, the date of any testing and/or evaluation, and the 
    onsite drainage points that were directly observed during the test. 
    Certifications shall be signed in accordance with Part VII.G. of this 
    permit. Such certification may not be feasible if the facility 
    operating the storm water discharge associated with industrial activity 
    does not have access to an outfall, manhole, or other point of access 
    to the ultimate conduit that receives the discharge. In such cases, the 
    source identification section of the storm water pollution prevention 
    plan shall indicate why the certification required by this part was not 
    feasible, along with the identification of potential significant 
    sources of non-storm water at the site. A discharger that is unable to 
    provide the certification required by this paragraph must notify the 
    Director in accordance with paragraph XI.F.3.a.(3)(h)(iii) (below).
        (ii) Exceptions. Except for flows from fire fighting activities, 
    sources of non-storm water listed in Part III.A.2. (Prohibition of Non-
    storm Water Discharges) of this permit that are combined with storm 
    water discharges associated with industrial activity must be identified 
    in the plan. The plan shall identify and ensure the implementation of 
    appropriate pollution prevention measures for the non-storm water 
    component(s) of the discharge.
        (iii) Failure to Certify--Any facility that is unable to provide 
    the certification required (testing for non-storm water discharges), 
    must notify the Director by [Insert date 270 days after permit 
    issuance] or, for facilities that begin to discharge storm water 
    associated with industrial activity after [Insert 270 days after permit 
    issuance], 180 days after submitting an NOI to be covered by this 
    permit. If the failure to certify is caused by the inability to perform 
    adequate tests or evaluations, such notification shall describe: the 
    procedure of any test conducted for the presence of non-storm water 
    discharges; the results of such test or other relevant observations; 
    potential sources of non-storm water discharges to the storm sewer; and 
    why adequate tests for such storm sewers were not feasible. Non-storm 
    water discharges to waters of the United States that are not authorized 
    by an NPDES permit are unlawful, and must be terminated.
        (i) Sediment and Erosion Control--The plan shall identify areas 
    that, due to topography, activities, or other factors, have a high 
    potential for significant soil erosion, and identify structural, 
    vegetative, and/or stabilization measures to be used to limit erosion. 
    The plan shall also contain a narrative consideration of the 
    appropriateness of traditional storm water management practices 
    (practices other than those that control the generation or source(s) of 
    pollutants) used to divert, infiltrate, reuse, or otherwise manage 
    storm water runoff in a manner that reduces pollutants in storm water 
    discharges from the site. The plan shall provide that measures that the 
    permittee determines to be reasonable and appropriate shall be 
    implemented and maintained. The potential of various sources at the 
    facility to contribute pollutants to storm water discharges associated 
    with industrial activity (see paragraph XI.F.3.a.(2) of this section 
    (Description of Potential Pollutant Sources) shall be considered when 
    determining reasonable and appropriate measures. Appropriate measures 
    may include: vegetative swales and practices, reuse of collected storm 
    water (such as for a process or as an irrigation source), inlet 
    controls (such as oil/water separators), snow management activities, 
    infiltration devices, and wet detention/retention devices or other 
    equivalent measures.
        (i) Management of Runoff--Facilities shall consider implementation 
    of the following storm water management practices or other equivalent 
    measures to address pollutants of concern:
        (i) Vegetative buffer strips, filter fabric fence, sediment 
    filtering boom, or other equivalent measures, that effectively trap or 
    remove sediment prior to discharge through an inlet or catch basin.
        (ii) Media filtration such as catch basin filters and sand filters.
        (iii) Oil/water separators or the equivalent.
        (iv) Structural BMPs such as settling basins, sediment traps, 
    retention or detention ponds, recycling ponds or other equivalent 
    measures.
        (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
    shall conduct site compliance evaluations at 
    
    [[Page 51153]]
    appropriate intervals specified in the plan but in no case less than 
    once a year. Such evaluations shall provide:
        (a) Areas contributing to a storm water discharge associated with 
    industrial activity such as material storage and handling, loading and 
    unloading, process activities, and plant yards shall be visually 
    inspected for evidence of, or the potential for, pollutants entering 
    the drainage system. Measures to reduce pollutant loadings shall be 
    evaluated to determine whether they are adequate and properly 
    implemented in accordance with the terms of the permit or whether 
    additional control measures are needed. Structural storm water 
    management measures, sediment and erosion control measures, other 
    structural pollution prevention measures identified in the plan, as 
    well as process related pollution control equipment shall be observed 
    or tested to ensure that they are operating correctly. A visual 
    inspection of equipment needed to implement the plan, such as spill 
    response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    paragraph XI.F.3.a.(2) of this section (Description of Potential 
    Pollutant Sources) and pollution prevention measures and controls 
    identified in the plan in accordance with paragraph XI.F.3.a.(3) of 
    this section (Measures and Controls) shall be revised as appropriate 
    within 2 weeks of such evaluation and shall provide for implementation 
    of any changes to the plan in a timely manner, but in no case more than 
    12 weeks after the evaluation.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan, and actions taken in accordance with 
    paragraph XI.F.3.a.(4)(b) (above) of the permit shall be made and 
    retained as part of the storm water pollution prevention plan for at 
    least 3 years from the date of the evaluation. The report shall 
    identify any incidents of noncompliance. Where a report does not 
    identify any incidents of noncompliance, the report shall contain a 
    certification that the facility is in compliance with the storm water 
    pollution prevention plan and this permit. The report shall be signed 
    in accordance with Part VII.G. (Signatory Requirements) of this permit.
        (d) Where compliance evaluation schedules overlap with inspections 
    required under 3.a.(3)(e), the compliance evaluation may be conducted 
    in place of one such inspection.
    4. Numeric Effluent Limitations
        There are no additional effluent limitations beyond those described 
    in Part V.B. of this permit.
    5. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. During the period beginning 
    [insert date 1 year after permit issuance] lasting through [insert date 
    2 years after permit issuance] and the period beginning [insert date 3 
    years after permit issuance] lasting through [insert date 4 years after 
    permit issuance], permittees with primary metals facilities identified 
    by SIC codes 331, 332, 335, and 336 must monitor their storm water 
    discharges associated with industrial activity at least quarterly (4 
    times per year during the second and fourth year of coverage) except as 
    provided in paragraphs 5.a.(3) (Sampling Waiver), 5.a.(4) 
    (Representative Discharge), and 5.a.(5) (Alternative Certification). 
    Primary metals facilities are required to monitor their storm water 
    discharges for the pollutants of concern listed in Tables F-1, F-2, F-
    3, and F-4 below. Facilities must report in accordance with 5.b. 
    (Reporting). In addition to the parameters listed in Tables F-1 through 
    F-4 below, the permittee shall provide the date and duration (in hours) 
    of the storm event(s) sampled; rainfall measurements or estimates (in 
    inches) of the storm event that generated the sampled runoff; the 
    duration between the storm event sampled and the end of the previous 
    measurable (greater than 0.1 inch rainfall) storm event; and an 
    estimate of the total volume (in gallons) of the discharge sampled.
    
    Table F-1.--Steel Works, Blast Furnaces, and Rolling and Finishing Mills
                        (SIC 331) Monitoring Requirements                   
    ------------------------------------------------------------------------
                                                             Monitoring cut-
                     Pollutants of concern                         off      
                                                              concentration 
    ------------------------------------------------------------------------
    Total Recoverable Aluminum............................  0.75 mg/L       
    Total Recoverable Zinc................................  0.065 mg/L      
    ------------------------------------------------------------------------
    
    
     Table F-2.--Iron and Steel Foundries (SIC 332) Monitoring Requirements 
    ------------------------------------------------------------------------
                                                             Monitoring cut-
                     Pollutants of concern                         off      
                                                              concentration 
    ------------------------------------------------------------------------
    Total Recoverable Aluminum............................  0.75 mg/L       
    Total Suspended Solids................................  100 mg/L        
    Total Recoverable Copper..............................  0.0636 mg/L     
    Total Recoverable Iron................................  1 mg/L          
    Total Recoverable Zinc................................  0.065 mg/L      
    ------------------------------------------------------------------------
    
    
     Table F-3.--Rolling, Drawing, and Extruding of Non-Ferrous Metals (SIC 
                          335) Monitoring Requirements                      
    ------------------------------------------------------------------------
                                                             Monitoring cut-
                     Pollutants of concern                         off      
                                                              concentration 
    ------------------------------------------------------------------------
    Total Recoverable Copper..............................  0.0636 mg/L     
    Total Recoverable Zinc................................  0.065 mg/L      
    ------------------------------------------------------------------------
    
    
       Table F-4.--Non-Ferrous Foundries (SIC 336) Monitoring Requirements  
    ------------------------------------------------------------------------
                                                             Monitoring cut-
                     Pollutants of concern                         off      
                                                              concentration 
    ------------------------------------------------------------------------
    Total Recoverable Copper..............................  0.0636 mg/L     
    Total Recoverable Zinc................................  0.065 mg/L      
    ------------------------------------------------------------------------
    
        (1) Monitoring Periods. Primary metals facilities shall monitor 
    samples collected during the sampling periods of: January through 
    March, April through June, July through September, and October through 
    December for the years specified in paragraph a. (above).
        (2) Sample Type. A minimum of one grab sample shall be taken. All 
    such samples shall be collected from the discharge resulting from a 
    storm event that is greater than 0.1 inches in magnitude and that 
    occurs at least 72 hours from the previously measurable (greater than 
    0.1 inch rainfall) storm event. The required 72-hour storm event 
    interval is waived where the preceding measurable storm event did not 
    result in a measurable discharge from the facility. The required 72-
    hour storm event internal may also be waived where the permittee 
    documents that less than a 72-hour interval is representative for local 
    storm events during the season when sampling is being conducted. The 
    grab sample shall be taken during the first 30 minutes of the 
    discharge. If the collection of a grab sample during the first 30 
    minutes is impracticable, a grab sample can be taken during the first 
    hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why 
    
    [[Page 51154]]
    a grab sample during the first 30 minutes was impracticable. If storm 
    water discharges associated with industrial activity commingle with 
    process or nonprocess water, then where practicable permittees must 
    attempt to sample the storm water discharge before it mixes with the 
    non-storm water discharge.
        (3) Sampling Waiver.
        (a) Adverse Conditions--When a discharger is unable to collect 
    samples within a specified sampling period due to adverse climatic 
    conditions, the discharger shall collect a substitute sample from a 
    separate qualifying event in the next period and submit the data along 
    with data for the routine sample in that period. Adverse weather 
    conditions that may prohibit the collection of samples include weather 
    conditions that create dangerous conditions for personnel (such as 
    local flooding, high winds, hurricane, tornadoes, electrical storms, 
    etc.) or otherwise make the collection of a sample impracticable 
    (drought, extended frozen conditions, etc.).
        (b) Low Concentration Waiver--When the average concentration for a 
    pollutant calculated from all monitoring data collected from an outfall 
    during the monitoring period [insert date 1 year after permit issuance] 
    lasting through [insert date 2 years after permit issuance] is less 
    than the corresponding value for that pollutant listed in Table F-1 
    under the column Monitoring Cut-off Concentration, a facility may waive 
    monitoring and reporting requirements in the monitoring period 
    beginning [insert date 3 years after permit issuance] lasting through 
    [insert date 4 years after permit issuance]. The facility must submit 
    to the Director, in lieu of the monitoring data, a certification that 
    there has not been a significant change in industrial activity or the 
    pollution prevention measures in area of the facility that drains to 
    the outfall for which sampling was waived.
        (c) When a discharger is unable to conduct quarterly chemical storm 
    water sampling at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirements as long 
    as the facility remains inactive and unstaffed. The facility must 
    submit to the Director, in lieu of monitoring data, a certification 
    statement on the DMR stating that the site is inactive and unstaffed so 
    that collecting a sample during a qualifying event is not possible.
        (4) Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluents. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan. The permittee shall 
    include the description of the location of the outfalls, explanation of 
    why outfalls are expected to discharge substantially identical 
    effluents, and estimate of the size of the drainage area and runoff 
    coefficient with the Discharge Monitoring Report.
        (5) Alternative Certification. A discharger is not subject to the 
    monitoring requirements of this section provided the discharger makes a 
    certification for a given outfall or on a pollutant-by-pollutant basis 
    in lieu of monitoring reports required under paragraph (b) below, under 
    penalty of law, signed in accordance with Part VII.G. (Signatory 
    Requirements), that material handling equipment or activities, raw 
    materials, intermediate products, final products, waste materials, by-
    products, industrial machinery or operations, or significant materials 
    from past industrial activity that are located in areas of the facility 
    within the drainage area of the outfall are not presently exposed to 
    storm water and are not expected to be exposed to storm water for the 
    certification period. Such certification must be retained in the storm 
    water pollution prevention plan, and submitted to EPA in accordance 
    with Part VI.C. of this permit. In the case of certifying that a 
    pollutant is not present, the permittee must submit the certification 
    along with the monitoring reports required under paragraph (b) below. 
    If the permittee cannot certify for an entire period, they must submit 
    the date exposure was eliminated and any monitoring required up until 
    that date. The certification option is not applicable to compliance 
    monitoring requirements associated with effluent limitations.
        b. Reporting. Permittees with primary metals facilities shall 
    submit monitoring results for each outfall associated with industrial 
    activity [or a certification in accordance with Sections (3), (4), or 
    (5) above] obtained during the reporting period beginning [insert date 
    1 year after permit issuance] lasting through [insert date 2 years 
    after permit issuance] on Discharge Monitoring Report Form(s) 
    postmarked no later than the 31st day of the following March [insert 
    the date 2 years after permit issuance]. Monitoring results [or a 
    certification in accordance with Sections (3), (4), or (5) above] 
    obtained during the period beginning [insert date 3 years after permit 
    issuance] lasting through [insert date 4 years after permit issuance] 
    shall be submitted on Discharge Monitoring Report Form(s) postmarked no 
    later than the 31st day of the following March. For each outfall, one 
    Discharge Monitoring Report Form must be submitted per storm event 
    sampled. Signed copies of Discharge Monitoring Reports, or said 
    certifications, shall be submitted to the Director of the NPDES program 
    at the address of the appropriate Regional Office listed in Part VI.G. 
    of the fact sheet.
        (1) Additional Notification. In addition to filing copies of 
    discharge monitoring reports in accordance with paragraph b (above), 
    primary metals facilities with at least one storm water discharge 
    associated with industrial activity through a large or medium municipal 
    separate storm sewer system (systems serving a population of 100,000 or 
    more) must submit signed copies of discharge monitoring reports to the 
    operator of the municipal separate storm sewer system in accordance 
    with the dates provided in paragraph b (above).
        c. Quarterly Visual Examination of Storm Water Quality. Facilities 
    shall perform and document a visual examination of a storm water 
    discharge associated with industrial activity from each outfall, except 
    discharges exempted below. The examination must be made at least once 
    in each designated period [described in (1) below] during daylight 
    hours unless there is insufficient rainfall or snow melt to produce a 
    runoff event.
        (1) Examinations shall be conducted in each of the following 
    periods for the purposes of visually inspecting storm water quality 
    associated with storm water runoff or snow melt: January through March; 
    April through June; July through September; and October through 
    December.
        (2) Examinations shall be made of samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    1 hour) of when the runoff or snow melt begins discharging. The 
    examinations shall 
    
    [[Page 51155]]
    document observations of color, odor, clarity, floating solids, settled 
    solids, suspended solids, foam, oil sheen, and other obvious indicators 
    of storm water pollution. The examination must be conducted in a well 
    lit area. No analytical tests are required to be performed on the 
    samples. All such samples shall be collected from the discharge 
    resulting from a storm event that is greater than 0.1 inches in 
    magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual should carry out the collection and 
    examination of discharges for entire permit term.
        (3) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (4) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfall(s) provided that the permittee 
    includes in the storm water pollution prevention plan, a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (5) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examination. Adverse weather conditions that may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (e.g., drought, extended 
    frozen conditions, etc.).
        (6) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility remains inactive and unstaffed. The facility must maintain 
    a certification with the pollution prevention plan stating that the 
    site is inactive and unstaffed so that performing visual examinations 
    during a qualifying event is not feasible.
    
    G. Storm Water Discharges Associated With Industrial Activity From 
    Metal Mining (Ore Mining and Dressing) Facilities
    
    1. Discharges Covered Under This Section
        The requirements listed under this section shall apply to storm 
    water discharges from active and inactive metal mining and ore dressing 
    facilities (Standard Industrial Classification (SIC) Major Group 10) if 
    the storm water has come into contact with, or is contaminated by, any 
    overburden, raw material, intermediate product, finished product, 
    byproduct, or waste product located on the site of the operation. SIC 
    Major Group 10 includes establishments primarily engaged in mining, 
    developing mines, or exploring for metallic minerals (ores) and also 
    includes all ore dressing and beneficiating operations, whether 
    performed at mills operated in conjunction with the mines served or at 
    mills, such as custom mills, operated separately. For the purposes of 
    this part of the permit, the term ``metal mining'' includes all ore 
    mining and/or dressing and beneficiating operations, whether performed 
    at mills operated in conjunction with the mines served or at mills, 
    such as custom mills, operated separately. All storm water discharges 
    from inactive metal mining facilities and the storm water discharges 
    from the following areas of active, and temporarily inactive, metal 
    mining facilities are the only discharges covered by this section of 
    the permit: topsoil piles; offsite haul/access roads if off active 
    area; onsite haul roads if not constructed of waste rock or if spent 
    ore and mine water is not used for dust control; runoff from tailings 
    dams/dikes when not constructed of waste rock/tailings and no process 
    fluids are present; concentration building, if no contact with material 
    piles; mill site, if no contact with material piles; chemical storage 
    area; docking facility, if no excessive contact with waste product; 
    explosive storage; reclaimed areas released from reclamation bonds 
    prior to December 17, 1990; and partially/inadequately reclaimed areas 
    or areas not released from reclamation bonds.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        a. Limitations on Coverage. The following storm water discharges 
    associated with industrial activity are not authorized by this permit:
        (1) Discharges from active metal mining facilities that are subject 
    to the effluent limitation guidelines for the Ore Mining and Dressing 
    Point Source Point Source Category (40 CFR Part 440). Coverage under 
    this permit does not include adit drainage or contaminated springs or 
    seeps at active facilities, temporarily inactive facilities, or 
    inactive facilities. Also see Limitations on Coverage, Part I.B.3.
        (2) Storm water discharges associated with an industrial activity 
    that the Director (EPA) has determined to be, or may reasonably be 
    expected to be, contributing to a violation of a water quality 
    standard.
        (3) Storm water discharges associated with industrial activity from 
    inactive mining operations occurring on Federal lands where an operator 
    cannot be identified.
    2. Special Definitions
        The following definitions are only for this section of today's 
    permit and are not intended to supersede the definitions of active and 
    inactive mining facilities established by 40 CFR 122.26(b)(14)(iii):
        ``Active Metal Mining Facility'' is a place where work or other 
    related activity to the extraction, removal, or recovery of metal ore 
    is being 
    
    [[Page 51156]]
    conducted. With respect to surface mines, an ``active metal mining 
    facility'' does not include any area of land on or in which grading has 
    been completed to return the earth to a desired contour and reclamation 
    work has begun.
        ``Inactive Metal Mining Facility'' means a site or portion of a 
    site where metal mining and/or milling activities occurred in the past 
    but is not an active metal mining facility, as defined in this permit 
    and that portion of the facility does not have an active mining permit 
    issued by the applicable (federal or state) governmental agency.
        ``Temporarily Inactive Metal Mining Facility'' means a site or 
    portion of a site where metal mining and/or milling activities occurred 
    in the past, but currently are not being actively undertaken, and the 
    facility has an active mining permit issued by the applicable (federal 
    or state) government agency that authorizes mining at the site.
    3. Storm Water Pollution Prevention Plan Requirements
        a. Contents of Plan for Active and Temporarily Inactive Metal 
    Mining Facilities. The plan shall include, at a minimum, the following 
    items:
        (1) Pollution Prevention Team. Identification of a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team that are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility or plant manager in its implementation, maintenance, and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        (2) Description of Mining Activities. A description of the mining 
    and associated activities taking place at the site that affect or may 
    affect storm water runoff intended to be covered by this permit. The 
    description shall report the total acreage within the mine site, an 
    estimate of the number of acres of disturbed land and an estimate of 
    the total amount of land proposed to be disturbed throughout the life 
    of the mine. A general description of the location of the mining site 
    relative to major transportation routes and communities shall also be 
    provided.
        (3) Description of Potential Pollutant Sources. A description of 
    potential sources that may reasonably be expected to add significant 
    amounts of pollutants (including sediment) to storm water discharges or 
    that may result in the discharge of pollutants during dry weather. Each 
    description shall identify all activities and significant materials 
    that may potentially be significant storm water pollutant sources from 
    the active mining activity (see Part XI.G.1.), including, at a minimum:
        (a) Drainage.
        (i) A site topographic map that indicates, at a minimum: mining/
    milling site boundaries and access and haul roads; the location of each 
    storm water outfall and an outline of the portions of the drainage area 
    that are within the facility boundaries; equipment storage, fueling and 
    maintenance areas; materials handling areas; storage areas for 
    chemicals and explosives; areas used for storage of overburden, 
    materials, soils or wastes; location of mine drainage (where water 
    leaves mine) or any other process water; tailings piles/ponds, both 
    proposed and existing; heap leach pads; points of discharge from the 
    property for mine drainage or any other process water; springs, 
    streams, wetlands and other surface waters; and boundary of tributary 
    areas that are subject to effluent limitations guidelines. In addition, 
    the map must indicate the types of discharges contained in the drainage 
    areas of the outfalls.
        (ii) Prediction of the direction of flow, and identification of the 
    types of pollutants (e.g., heavy metals, sediment) that are likely to 
    be present in storm water discharges associated with industrial 
    activity, for each area of the mine/mill site that generates storm 
    water discharges associated with industrial activity with a reasonable 
    potential for containing significant amounts of pollutants. Factors to 
    consider include the mineralogy of the ore and waste rock (e.g., acid 
    forming), toxicity and quantity of chemical(s) used, produced or 
    discharged; the likelihood of contact with storm water; vegetation on 
    site if any, and history of significant leaks or spills of toxic or 
    hazardous pollutants. Flows with a significant potential for causing 
    erosion shall be identified.
        (b) Inventory of Exposed Materials--An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation for each storm water outfall that may be covered under 
    this permit (see Part XI.G.1.). Such inventory shall include a 
    narrative description of: significant materials that have been handled, 
    treated, stored or disposed in a manner to allow exposure to storm 
    water between the time of 3 years prior to the date of the submission 
    of a Notice of Intent (NOI) to be covered under this permit and the 
    present; method and location of onsite storage or disposal; materials 
    management practices employed to minimize contact of materials with 
    storm water runoff between the time of 3 years prior to the date of the 
    submission of a Notice of Intent (NOI) to be covered under this permit 
    and the present; the location and a description of existing structural 
    and nonstructural control measures to reduce pollutants in storm water 
    runoff; and a description of any treatment the storm water receives. 
    The inventory of exposed materials shall include, but shall not be 
    limited to the significant materials stored exposed to storm water, and 
    material management practices employed that were listed for the 
    facility in the approved group application.
        A summary of any existing ore or waste rock/overburden 
    characterization data, including results of testing for acid rock 
    generation potential. If the ore or waste rock/overburden 
    characterization data is updated due to a change in the ore type being 
    mined, the storm water pollution prevention plan shall be updated with 
    the new data.
        (c) Spills and Leaks--A list of significant spills and significant 
    leaks of toxic or hazardous pollutants that occurred at areas that are 
    exposed to precipitation or that otherwise drain to a storm water 
    conveyance at the facility after the date of 3 years prior to the date 
    of submission of a Notice of Intent (NOI) to be covered under this 
    permit. Such list shall be updated as appropriate during the term of 
    the permit.
        (d) Sampling Data--A summary of existing discharge sampling data 
    describing pollutants in storm water discharges from the facility, 
    including a summary of sampling data collected during the term of this 
    permit.
        (e) Risk Identification and Summary of Potential Pollutant 
    Sources--A narrative description of the potential pollutant sources 
    from the following activities associated with metal mining: loading and 
    unloading operations; outdoor storage activities; outdoor manufacturing 
    or processing activities; significant dust or particulate generating 
    processes; and onsite waste disposal practices. The description shall 
    specifically list any significant potential source of pollutants at the 
    site and for each potential source, any pollutant or pollutant 
    parameter (e.g., heavy metals, etc.) of concern shall be identified.
        (4) Measures and Controls. A description of storm water management 
    controls appropriate for the facility, and procedures for implementing 
    such controls. The appropriateness and priorities of controls in a plan 
    shall reflect identified potential sources of pollutants at the 
    facility. The description of storm water management 
    
    [[Page 51157]]
    controls shall address the following minimum components, including a 
    schedule for implementing such controls:
        (a) Good Housekeeping--Good housekeeping such as maintenance in a 
    clean, orderly manner of areas that may contribute pollutants to storm 
    water discharges. (For suggested measures for vehicle maintenance 
    operations, see good housekeeping measures specified in Part XI.P. for 
    transportation facilities.)
        (b) Preventive Maintenance--A narrative describing the program for 
    timely inspection and maintenance of storm water management devices 
    (e.g., cleaning oil/water separators, catch basins) as well as 
    inspection and testing of facility equipment and systems to uncover 
    conditions that could cause breakdowns or failures resulting in 
    discharges of pollutants to surface waters, and ensuring appropriate 
    maintenance of such equipment and systems. Particular attention shall 
    be given to erosion control and sediment control systems and devices.
        (c) Spill Prevention and Response Procedures--Areas where potential 
    spills that can contribute pollutants to storm water discharges, and 
    their accompanying drainage points. The description area shall include, 
    where appropriate, specific material handling procedures, storage 
    requirements, and use of equipment such as diversion valves in the plan 
    should be considered; procedures for cleaning up spills and the method 
    for making these plans and the necessary equipment to implement a clean 
    up available to the appropriate personnel.
        (d) Inspections--Provisions for qualified personnel to inspect 
    designated equipment and mine areas at least on a monthly basis for 
    active sites. The monthly inspections can be done at any time during 
    the month and do not have to be done immediately following a 
    precipitation event. For temporarily inactive sites, the inspections 
    should be quarterly; however, inspections are not required when adverse 
    weather conditions (e.g., snow) make the site inaccessible. All 
    material handling areas shall be inspected for evidence of, or the 
    potential for, pollutants entering the drainage system. Erosion control 
    systems and sediment control devices shall also be inspected to 
    determine if they are working properly. A set of tracking or follow-up 
    procedures shall be used to ensure that appropriate actions are taken 
    in response to the inspections. Records of inspections shall be 
    maintained. The use of a checklist developed by the facility is 
    encouraged.
        (e) Employee Training--Outlines of employee training programs that 
    inform personnel responsible for implementing activities identified in 
    the storm water pollution prevention plan or otherwise responsible for 
    storm water management at all levels of responsibility of the 
    components and goals of the storm water pollution prevention plan. 
    Training should address topics such as spill response, good 
    housekeeping, and material management practices. The pollution 
    prevention plan shall specify how often training shall take place, but 
    in all cases training must be held at least annually (once per calendar 
    year).
        (f) Recordkeeping and Internal Reporting Procedures--Descriptions 
    of incidents (such as spills, major storm events, or other discharges), 
    as well as information describing the quality and quantity of storm 
    water discharges. Inspections, maintenance activities, and training 
    sessions shall also be documented and records of such activities shall 
    be incorporated into the plan.
        (g) Non-storm Water Discharges.
        (i) A certification that any discharge has been tested or evaluated 
    for the presence of non-storm water discharges, such as seeps or adit 
    discharges or discharges subject to effluent limitation guidelines 
    (e.g., 40 CFR Part 440), such as mine drainage or process water of any 
    kind. The certification shall include the identification of potential 
    significant sources of non-storm water or water subject to effluent 
    limitation guidelines at the site, a description of the results of any 
    test and/or evaluation for the presence of non-storm water discharges, 
    the evaluation criteria or testing method used, the date of any testing 
    and/or evaluation, and the onsite drainage points that were directly 
    observed during the test. Certifications shall be signed in accordance 
    with Part VII.G. of this permit. Such certification may not be feasible 
    if the facility operating the storm water discharge associated with 
    industrial activity does not have access to an outfall, manhole, or 
    other point of access to the ultimate conduit that receives the 
    discharge. In such cases, the source identification section of the 
    storm water pollution prevention plan shall indicate why the 
    certification required by this part was not feasible, along with the 
    identification of potential significant sources of non-storm water at 
    the site. A discharger that is unable to provide the certification 
    required by this paragraph must notify the Director in accordance with 
    paragraph XI.G.3.a.(4)(g)(iii) (below).
        Alternatively, the plan may include a certification that any non-
    storm water discharge that mixes with storm water is subject to a 
    separate NPDES permit that applies applicable effluent limitations 
    prior to the mixing of non-storm water and storm water. In such cases, 
    the certification shall identify the non-storm water discharge(s), the 
    applicable NPDES permit(s), the effluent limitations placed on the non-
    storm water discharge by the NPDES permit(s), and the point(s) at which 
    the limitations are applied.
        (ii) Except for flows from fire fighting activities, sources of 
    non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
    Discharges) of this permit that are combined with storm water 
    discharges associated with industrial activity must be identified in 
    the plan. The plan shall identify and ensure the implementation of 
    appropriate pollution prevention measures for the non-storm water 
    component(s) of the discharge.
        (iii) Failure to Certify--Any facility that is unable to provide 
    the certification required (testing for non-storm water discharges), 
    must notify the Director by [Insert date 270 days after permit 
    issuance] or, for facilities that begin to discharge storm water 
    associated with industrial activity after [Insert date 270 days after 
    permit issuance], 180 days after submitting an NOI to be covered by 
    this permit. If the failure to certify is caused by the inability to 
    perform adequate tests or evaluations, such notification shall 
    describe: the procedure of any test conducted for the presence of non-
    storm water discharges; the results of such test or other relevant 
    observations; potential sources of non-storm water discharges to the 
    storm sewer; and why adequate tests for such storm sewers were not 
    feasible. Non-storm water discharges to waters of the United States 
    that are not authorized by an NPDES permit are unlawful, and must be 
    terminated.
        (h) Sediment and Erosion Control--Identification of areas that, due 
    to topography, activities, or other factors, have a high potential for 
    significant erosion of soil and/or other materials, and measures to be 
    used to limit erosion and/or remove sediment from storm water runoff. 
    The measures to consider include diversion of flow away from areas 
    susceptible to erosion (such as interceptor dikes and swales; diversion 
    dikes curbs and berms; pipe slope drains; subsurface drains; and 
    drainage/storm water conveyance systems [channels or gutters; open top 
    box culverts, and waterbars; rolling dips and road sloping; roadway 
    surface water deflector; and culverts]), stabilization methods to 
    prevent or minimize erosion (such as temporary or permanent seeding; 
    vegetative buffer strips; protection of trees; topsoiling; soil 
    
    [[Page 51158]]
    conditioning; contouring; mulching; geotextiles [matting; netting; or 
    blankets]; riprap; gabions; and retaining walls), and structural 
    methods for controlling sediment (such as check dams; rock outlet 
    protection; level spreaders; gradient terraces; straw bale barriers; 
    silt fences; gravel or stone filter berms; brush barriers; sediment 
    traps; grass swales; pipe slope drains; earth dikes; other controls 
    such as entrance stabilization, waterway crossings or wind breaks; or 
    other equivalent measures).
        (i) Management of Runoff--A narrative consideration of the 
    appropriateness of traditional storm water management practices 
    (practices other than those that control the generation or source(s) of 
    pollutants) used to divert, infiltrate, reuse, or otherwise manage 
    storm water runoff in a manner that reduces pollutants in storm water 
    discharges from the site and provisions for implementation and 
    maintenance of measures that the permittee determines to be reasonable 
    and appropriate. The potential of various sources at the facility to 
    contribute pollutants to storm water discharges associated with 
    industrial activity [see paragraph XI.G.3.a.(3) of this section 
    (Description of Potential Pollutant Sources)] shall be considered when 
    determining reasonable and appropriate measures. Appropriate measures 
    may include: vegetative swales and practices, reuse of collected storm 
    water (such as for a process or as an irrigation source), inlet 
    controls (such as oil/water separators), snow management activities, 
    infiltration devices, and wet detention/retention devices, or 
    impoundments.
        (i) Capping--Where capping of a contaminant source is necessary, 
    the source being capped and materials and procedures used to cap the 
    contaminant source must be identified. In some cases, the elimination 
    of a pollution source through capping contaminant sources may be the 
    most effective control measure for discharges from inactive ore mining 
    and dressing facilities.
        (k) Treatment--A description of how storm water will be treated 
    prior to discharging to waters of the United States if treatment of a 
    storm water discharge is necessary. Storm water treatments include the 
    following: chemical/physical treatment; oil/water separators; and 
    artificial wetlands.
        (5) Comprehensive Site Compliance Evaluation. Procedures for 
    qualified personnel to conduct site compliance evaluations at 
    appropriate intervals specified in the plan, but in no case less than 
    once a year. Such evaluations shall include:
        (a) Visual inspections of areas contributing to a storm water 
    discharge associated with industrial activity for evidence of, or the 
    potential for, pollutants entering the drainage system. Measures to 
    reduce pollutant loadings shall be evaluated to determine whether they 
    are adequate and properly implemented in accordance with the terms of 
    the permit or whether additional control measures are needed. 
    Structural storm water management measures, sediment and erosion 
    control measures, and other structural pollution prevention measures 
    identified in the plan shall be observed to ensure that they are 
    operating correctly. A visual inspection of equipment needed to 
    implement the plan, such as spill response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    paragraph XI.G.3.a.(3) of this section (Description of Potential 
    Pollutant Sources) and pollution prevention measures and controls 
    identified in the plan in accordance with paragraph XI.G.3.a.(4) of 
    this section (Measures and Controls) shall be revised as appropriate 
    within 30 days of such inspection and shall provide for implementation 
    of any changes to the plan in a timely manner, but in no case more than 
    12 weeks after the evaluation unless additional time is authorized by 
    the permit issuing authority.
        (c) Preparation of a report summarizing the scope of the 
    evaluation, personnel making the evaluation, the date(s) of the 
    evaluation, major observations relating to the implementation of the 
    storm water pollution prevention plan, and actions taken in accordance 
    with paragraph XI.G.3.a.(5)(b) (above) of the permit shall be made and 
    retained as part of the storm water pollution prevention plan for at 
    least 3 years after the date of the evaluation. The report shall 
    identify any incidents of noncompliance. Where a report does not 
    identify any incidents of noncompliance, the report shall contain a 
    certification that the facility is in compliance with the storm water 
    pollution prevention plan and this permit. The report shall be signed 
    in accordance with Part VII.G. (Signatory Requirements) of this permit.
        (d) Where compliance evaluation schedules overlap with inspections 
    required under XI.G.3.a.(4)(d), the compliance evaluation may be 
    conducted in place of one such inspection.
        b. Contents of Plan for Inactive Metal Mining Facilities. The plan 
    shall include, at a minimum, the following items:
        (1) Pollution Prevention Team. Identification of a specific 
    individual or individuals that are responsible for the development, 
    implementation, maintenance, and revision of the storm water pollution 
    prevention plan. The plan shall clearly identify the responsibilities 
    of each team member. The activities and responsibilities of the team 
    shall address all aspects of the storm water pollution prevention plan 
    at the inactive facility.
        (2) Description of Mining Activities. A description of the mining 
    and associated activities that took place at the site. The description 
    shall report the approximate dates of operation, the total acreage 
    within the mine and/or processing site, an estimate of the number of 
    acres of disturbed area, and the current activities (e.g., reclamation) 
    that are taking place at the facility. A general description of the 
    location of the mining site relative to major transportation routes and 
    communities shall also be provided.
        (3) Description of Potential Pollutant Sources. A description of 
    potential sources that may reasonably be expected to add significant 
    amounts of pollutants (including sediment) to storm water discharges or 
    that may result in the discharge of pollutants during dry weather from 
    separate storm sewers draining the facility. Each plan shall identify 
    all activities and significant materials that may potentially be 
    significant storm water pollutant sources form the inactive mining 
    site. Each description shall include, at a minimum:
        (a) Site Map--A generalized site map or maps that depict any of the 
    following that may be applicable: mining/milling site boundaries and 
    access and haul roads; the location of each storm water outfall and an 
    outline of the portions of the drainage area that are within the 
    facility boundaries; areas used for storage of overburden, materials, 
    soils, tailings, or wastes; areas used for outdoor manufacturing, 
    storage, or disposal of materials; any remaining equipment storage, 
    fueling, and maintenance ares; tailings piles/ponds; mine drainage or 
    any other process water discharge points; an estimate of the 
    direction(s) of flow; existing structural controls to reduce pollutants 
    in storm water runoff; and springs, streams, wetlands, and other 
    surface waters. The map must also indicate the types of discharges 
    contained in the drainage areas of the outfalls.
        (b) Inventory of Exposed Materials--An inventory and narrative 
    description 
    
    [[Page 51159]]
    for each outfall of any significant materials that may still be at the 
    site. This description of sources should agree with sources identified 
    on the map.
        (c) Sampling Data--A summary of existing discharge sampling data 
    describing pollutants in storm water discharges from the facility, 
    including a summary of sampling data collected during the term of this 
    permit.
        (d) Risk Identification and Summary of Potential Pollutant 
    Sources--For each potential pollutant source at the site the pollutants 
    of concern (e.g., heavy metals) shall be identified and an assessment 
    made of the potential of these pollutant sources to contribute 
    pollutants to storm water discharges.
        (4) Measures and Controls. A description of storm water management 
    controls appropriate for the facility, and procedures for implementing 
    such controls. The appropriateness and priorities of controls in a plan 
    shall reflect identified potential sources of pollutants at the 
    facility. The description of storm water management controls shall 
    address the following minimum components, including a schedule for 
    implementing such controls:
        (a) Storm Water Diversion--Description of how and where storm water 
    will be diverted away from potential pollutant sources to prevent storm 
    water contamination. Storm water diversions may include the following: 
    interceptor dikes and swales; diversion dikes curbs and berms; pipe 
    slope drains; subsurface drains; drainage/storm water conveyance 
    systems (channels or gutters; open top box culverts, and waterbars; 
    rolling dips and road sloping; roadway surface water deflector; and 
    culverts) or equivalent measures.
        (b) Sediment and Erosion Control--Identification of areas that, due 
    to topography, activities, or other factors, have a high potential for 
    significant erosion of soil and/or other materials, and measures to be 
    used to limit erosion and/or remove sediment from storm water runoff. 
    The measures to consider include diversion of flow away from areas 
    susceptible to erosion, stabilization methods to prevent or minimize 
    erosion (such as temporary or permanent seeding; vegetative buffer 
    strips; protection of trees; topsoiling; soil conditioning; contouring; 
    mulching; geotextiles (matting; netting; or blankets); riprap; gabions; 
    and retaining walls), structural methods for controlling sediment (such 
    as check dams; rock outlet protection; level spreaders; gradient 
    terraces; straw bale barriers; silt fences; gravel or stone filter 
    berms; brush barriers; sediment traps; grass swales; pipe slope drains; 
    earth dikes; and other controls such as entrance stabilization, 
    waterway crossings or wind breaks; or other equivalent measures).
        (c) Management of Runoff--A narrative consideration of the 
    appropriateness of traditional storm water management practices 
    (practices other than those that control the generation or source(s) of 
    pollutants) used to divert, infiltrate, reuse, or otherwise manage 
    storm water runoff in a manner that reduces pollutants in storm water 
    discharges from the site and provisions for implementation and 
    maintenance of measures that the permittee determines to be reasonable 
    and appropriate. The potential of various sources at the facility to 
    contribute pollutants to storm water discharges associated with 
    industrial activity [see paragraph XI.G.3.b.(3) of this section 
    (Description of Potential Pollutant Sources)] shall be considered when 
    determining reasonable and appropriate measures. Appropriate measures 
    may include: vegetative swales and practices, reuse of collected storm 
    water (such as for a process or as an irrigation source), inlet 
    controls, snow management activities, infiltration devices, and wet 
    detention/retention devices, or impoundments.
        (d) Capping--Where capping of a contaminant source is necessary, 
    the source being capped and materials and procedures used to cap the 
    contaminant source must be identified. In some cases, the elimination 
    of a pollution source through capping contaminant sources may be the 
    most effective control measure for discharges from inactive ore mining 
    and dressing facilities.
        (e) Treatment--A description of how storm water will be treated 
    prior to discharging to waters of the United States if treatment of a 
    storm water discharge is necessary. Storm water treatments include the 
    following: chemical/physical treatment; oil/water separators; 
    artificial wetlands or other equivalent measures.
        (f) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents (such as spills, or other discharges), as well as 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. 
    Inspections and maintenance activities shall be documented and records 
    of such activities shall be incorporated into the plan.
        (5) Comprehensive Site Compliance Evaluation. Procedures for 
    qualified personnel to conduct site compliance evaluations at 
    appropriate intervals specified in the plan, but, except as provided in 
    paragraph XI.G.3.b.(5)(d) (below), in no case less than once a year. 
    Such evaluations shall include:
        (a) Visual inspection of areas contributing to a storm water 
    discharge associated with industrial activity for evidence of, or the 
    potential for, pollutants entering the drainage system. Measures to 
    reduce pollutant loadings shall be evaluated to determine whether they 
    are adequate and properly implemented in accordance with the terms of 
    the permit or whether additional control measures are needed. 
    Structural storm water management measures, sediment and erosion 
    control measures, and other structural pollution prevention measures 
    identified in the plan shall be observed to ensure that they are 
    operating correctly. A visual inspection of equipment needed to 
    implement the plan, such as spill response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    paragraph XI.G.3.a.(3) of this section (Description of Potential 
    Pollutant Sources) and pollution prevention measures and controls 
    identified in the plan in accordance with paragraph XI.G.3.a.(4) of 
    this section (Measures and Controls) shall be revised as appropriate 
    within 30 days of such inspection and shall provide for implementation 
    of any changes to the plan in a timely manner, but in no case more than 
    12 weeks after the evaluation unless additional time is authorized by 
    the permit issuing authority.
        (c) Preparation of a report summarizing the scope of the 
    evaluation, personnel making the evaluation, the date(s) of the 
    evaluation, major observations relating to the implementation of the 
    storm water pollution prevention plan, and actions taken in accordance 
    with paragraph XI.G.3.b.(5)(b) (above) of the permit shall be made and 
    retained as part of the storm water pollution prevention plan for at 
    least 3 years after the date of the evaluation. The report shall 
    identify any incidents of noncompliance. Where a report does not 
    identify any incidents of noncompliance, the report shall contain a 
    certification that the facility is in compliance with the storm water 
    pollution prevention plan and this permit. The report shall be signed 
    in accordance with Part VII.G. (Signatory Requirements) of this permit.
        (d) Where annual site compliance evaluations are shown in the plan 
    to be impractical for inactive mining sites due to the remote location 
    and inaccessibility of the site, site 
    
    [[Page 51160]]
    evaluations required under this part shall be conducted at appropriate 
    intervals specified in the plan, but, in no case less than once in 3 
    years.
    4. Numeric Effluent Limitations
        There are no additional numeric effluent limitations beyond those 
    described in Part V.B of this permit.
    5. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. During the period beginning 
    [insert date 1 year after permit issuance] lasting through [insert date 
    2 years after permit issuance] and the period beginning [insert date 3 
    years after permit issuance] lasting through [insert date 4 years after 
    permit issuance], copper ore mining and dressing facilities must 
    monitor their storm water discharges associated with industrial 
    activity at least quarterly (4 times per year) during years 2 and 4 
    except as provided in paragraphs 5.a.(3) (Sampling Waiver), 5.a.(4) 
    (Representative Discharge), and 5.a.(5) (Alternative Certification). 
    Active copper ore mining and dressing facilities are required to 
    monitor their storm water discharges for the pollutants of concern 
    listed in Table G-1 below. Facilities must report in accordance with 
    5.b. (Reporting). In addition to the parameters listed in Table G-1 
    below, the permittee shall provide the date and duration (in hours) of 
    the storm event(s) sampled; rainfall measurements or estimates (in 
    inches) of the storm event that generated the sampled runoff; the 
    duration between the storm event sampled and the end of the previous 
    measurable (greater than 0.1 inch rainfall) storm event; and an 
    estimate of the total volume (in gallons) of the discharge sampled.
    
            Table G-1.--Monitoring Requirements for Active Facilities       
    ------------------------------------------------------------------------
                                                             Monitoring cut-
                     Pollutants of concern                         off      
                                                              concentration 
    ------------------------------------------------------------------------
    Chemical Oxygen Demand (COD)..........................  120 mg/L        
    Total Suspended Solids (TSS)..........................  100 mg/L        
    Nitrate plus Nitrite Nitrogen.........................  0.68 mg/L       
    ------------------------------------------------------------------------
    
        (1) Monitoring Periods. Active copper ore mining and dressing 
    facilities shall monitor samples collected during the sampling periods 
    of: January through March, April through June, July through September, 
    and October through December for the years specified in paragraph a. 
    (above).
        (2) Sample Type. A minimum of one grab sample shall be taken. All 
    such samples shall be collected from the discharge resulting from a 
    storm event that is greater than 0.1 inches in magnitude and that 
    occurs at least 72 hours from the previously measurable (greater than 
    0.1 inch rainfall) storm event. The required 72-hour storm event 
    interval is waived where the preceding measurable storm event did not 
    result in a measurable discharge from the facility. The required 72-
    hour storm event interval may also be waived where the permittee 
    documents that less than a 72-hour interval is representative for local 
    storm events during the season when sampling is being conducted. The 
    grab sample shall be taken during the first 30 minutes of the 
    discharge. If the collection of a grab sample during the first 30 
    minutes is impracticable, a grab sample can be taken during the first 
    hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable. If storm water discharges associated with 
    industrial activity commingle with process or non-process water, then 
    where practicable permittees must attempt to sample the storm water 
    discharge before it mixes with the non-storm water discharge.
        (3) Sampling Waiver.
        (a) Adverse Conditions--When a discharger is unable to collect 
    samples within a specified sampling period due to adverse climatic 
    conditions, the discharger shall collect a substitute sample from a 
    separate qualifying event in the next period and submit the data along 
    with data for the routine sample in that period. Adverse weather 
    conditions that may prohibit the collection of samples include weather 
    conditions that create dangerous conditions for personnel (such as 
    local flooding, high winds, hurricane, tornadoes, electrical storms, 
    etc.) or otherwise make the collection of a sample impracticable 
    (drought, extended frozen conditions, etc.).
        (b) Low Concentration Waiver--When the average concentration for a 
    pollutant calculated from all monitoring data collected from an outfall 
    during the monitoring period [insert date 1 year after permit issuance] 
    lasting through [insert date 2 years after permit issuance] is less 
    than the corresponding value for that pollutant listed in Table G-1 
    under the column Monitoring Cut-off Concentration, a facility may waive 
    monitoring and reporting requirements in the monitoring period 
    beginning [insert date 3 years after permit issuance] lasting through 
    [insert date 4 years after permit issuance]. The facility must submit 
    to the Director, in lieu of the monitoring data, a certification that 
    there has not been a significant change in industrial activity or the 
    pollution prevention measures in area of the facility that drains to 
    the outfall for which sampling was waived.
        (4) Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluents. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan. The permittee shall 
    include the description of the location of the outfalls, explanation of 
    why outfalls are expected to discharge substantially identical 
    effluents, and estimate of the size of the drainage area and runoff 
    coefficient with the Discharge Monitoring Report.
        (5) Alternative Certification. A discharger is not subject to the 
    monitoring requirements of this section provided the discharger makes a 
    certification for a given outfall, or on a pollutant-by-pollutant basis 
    in lieu of the monitoring reports required under paragraph b below, 
    under penalty of law, signed in accordance with Part VII.G. (Signatory 
    Requirements), that material handling equipment or activities, raw 
    materials, intermediate products, final products, waste materials, by-
    products, industrial machinery or operations, or significant materials 
    from past industrial activity that are located in areas of the facility 
    within the drainage area of the outfall are not presently exposed to 
    storm water and are not expected to be exposed to storm water for the 
    certification period. Such certification must be retained in the storm 
    water pollution prevention plan, and submitted to EPA in accordance 
    with Part VI.C. of this permit. In the case of certifying that a 
    pollutant is not present, the permittee must submit the certification 
    along with the monitoring reports required under 
    
    [[Page 51161]]
    paragraph b. below. If the permittee cannot certify for an entire 
    period, they must submit the date exposure was eliminated and any 
    monitoring required up until that date. This certification option is 
    not applicable to compliance monitoring requirements associated with 
    effluent limitations.
        b. Reporting. Permittees with active copper ore mining and dressing 
    facilities shall submit monitoring results for each outfall associated 
    with industrial activity [or a certification in accordance with 
    Sections (3), (4), or (5) above] obtained during the reporting period 
    beginning [insert date 1 year after permit issuance] lasting through 
    [insert date 2 years after permit issuance] on Discharge Monitoring 
    Report Form(s) postmarked no later than the 31st day of the following 
    March [insert the date 2 years after permit issuance]. Monitoring 
    results [or a certification in accordance with Sections (3), (4), or 
    (5) above] obtained during the period beginning [insert date 3 years 
    after permit issuance] lasting through [insert date 4 years after 
    permit issuance] shall be submitted on Discharge Monitoring Report 
    Form(s) postmarked no later than the 31st day of the following March. 
    For each outfall, one signed Discharge Monitoring Report form must be 
    submitted to the Director per storm event sampled. Signed copies of 
    Discharge Monitoring Reports, or said certifications, shall be 
    submitted to the Director of the NPDES program at the address of the 
    appropriate Regional Office listed in Part VI.G. of the fact sheet to 
    this permit.
        (1) Additional Notification. In addition to filing copies of 
    discharge monitoring reports in accordance with paragraph b (above), 
    active ore mining and dressing facilities with at least one storm water 
    discharge associated with industrial activity through a large or medium 
    municipal separate storm sewer system (systems serving a population of 
    100,000 or more) must submit signed copies of discharge monitoring 
    reports to the operator of the municipal separate storm sewer system in 
    accordance with the dates provided in paragraph b (above).
        c. Visual Examination of Storm Water Quality. Mining facilities 
    covered under this sector shall perform and document a visual 
    examination of storm water discharges associated with industrial 
    activity from each outfall, except discharges exempted below. The 
    examination must be made during daylight hours unless there is 
    insufficient rainfall or snow melt to produce a runoff event. Mining 
    facilities must examine storm water quality at least once in each of 
    the following periods: January through March; April through June; July 
    through September; and October through December.
        (1) Examinations shall be made of grab samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    1 hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual should carry out the collection and 
    examination of discharges for entire permit term.
        (2) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (3) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfall(s) provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (4) When a discharger is unable to conduct one of the required 
    visual examinations during the required period as a result of adverse 
    climatic conditions or inaccessibility, the discharger must document 
    the reason for not performing the visual examination and retain this 
    documentation onsite with the records of the visual examination. 
    Adverse weather conditions that may prohibit the collection of samples 
    include weather conditions that create dangerous conditions for 
    personnel (such as local flooding, high winds, hurricane, tornadoes, 
    electrical storms, etc.) or otherwise make the collection of a sample 
    impracticable (drought, extended frozen conditions, etc.).
        (5) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility remains inactive and unstaffed. The facility must maintain 
    a certification with the pollution prevention plan stating that the 
    site is inactive and unstaffed so that performing visual examinations 
    during a qualifying event is not feasible.
    
    H. Storm Water Discharges Associated With Industrial Activity From Coal 
    Mines and Coal Mining-Related Facilities
    
    1. Discharges Covered Under This Section
        The requirements listed under this section shall apply to storm 
    water discharges from coal mining-related areas (SIC Major Group 12) if 
    they are not subject to effluent limitations guidelines under 40 CFR 
    Part 434.
        a. Coverage. Storm water discharges from the following portions of 
    coal mines may be eligible for this permit: haul roads (nonpublic roads 
    on which coal or coal refuse is conveyed), access roads (nonpublic 
    roads providing light vehicular traffic within the facility property 
    and to public roadways), railroad spurs, sidings, and internal haulage 
    lines (rail lines used for hauling coal within the facility property 
    and to offsite commercial railroad lines or loading areas), conveyor 
    belts, chutes, and aerial tramway haulage areas (areas under and around 
    coal or refuse conveyor areas, including transfer stations), equipment 
    storage and maintenance yards, coal handling buildings and structures, 
    and inactive coal mines and related areas (abandoned and other inactive 
    mines, refuse disposal sites and other mining-related areas on private 
    lands).
        When an industrial facility, described by the above coverage 
    provisions of this 
    
    [[Page 51162]]
    section, has industrial activities being conducted onsite that meet the 
    description(s) of industrial activities in another section(s), that 
    industrial facility shall comply with any and all applicable monitoring 
    and pollution prevention plan requirements of the other section(s) in 
    addition to all applicable requirements in this section. The monitoring 
    and pollution prevention plan terms and conditions of this multi-sector 
    permit are additive for industrial activities being conducted at the 
    same industrial facility (co-located industrial activities). The 
    operator of the facility shall determine which other monitoring and 
    pollution prevention plan section(s) of this permit (if any) are 
    applicable to the facility.
        b. Limitations. Storm water discharges from inactive mining 
    activities occurring on Federal lands where an operator cannot be 
    identified are not eligible for coverage under this permit.
    2. Special Conditions
        a. Prohibition of Non-storm Water Discharges. In addition to the 
    broad prohibition of non-storm water discharges of Part III.A.2. of the 
    permit, point source discharges of pollutant seeps or underground 
    drainage from inactive coal mines and refuse disposal areas that do not 
    occur as storm water discharges in response to precipitation events are 
    also excluded from coverage under this permit. In addition, floordrains 
    from maintenance buildings and other similar drains in mining and 
    preparation plant areas are prohibited.
    3. Storm Water Pollution Prevention Plan Requirements
        Most of the active coal mining-related areas, described in 
    paragraph XI.H.1. above, are subject to sediment and erosion control 
    regulations of the U.S. Office of Surface Mining (OSM) that enforces 
    the Surface Mining Control and Reclamation Act (SMCRA). OSM has granted 
    authority to most coal- producing states to implement SMCRA through 
    State SMCRA regulations. All SMCRA requirements regarding control of 
    erosion, siltation and other pollutants resulting from storm water 
    runoff, including road dust resulting from erosion, shall be primary 
    requirements of the pollution prevention plan and shall be included in 
    the contents of the plan directly, or by reference. Where determined to 
    be appropriate for protection of water quality, additional 
    sedimentation and erosion controls may be warranted.
        a. Contents of Plan. The plan shall include at a minimum, the 
    following items:
        (1) Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team that are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility manager in its implementation, maintenance, and revision. The 
    plan shall clearly identify the responsibilities of each team member. 
    The activities and responsibilities of the team shall address all 
    aspects of the facility's storm water pollution prevention plan.
        (2) Description of Potential Pollutant Sources. Each plan shall 
    provide a description of potential sources that may reasonably be 
    expected to add significant amounts of pollutants to storm water 
    discharges or that may result in the discharge of pollutants during dry 
    weather from separate storm sewers draining the facility. Each plan 
    shall identify all activities and significant materials that may 
    potentially be significant pollutant sources. Each plan shall include, 
    at a minimum:
        Drainage.
        (i) Asite map, such as a drainage map required for SMCRA permit 
    applications, that indicate drainage areas and storm water outfalls. 
    These shall include but not be limited to the following:
        (a) Drainage direction and discharge points from all applicable 
    mining-related areas described in Section XI.H.1.a. (discharges covered 
    under this section) above, including culvert and sump discharges from 
    roads and rail beds and also from equipment and maintenance areas 
    subject to storm runoff of fuel, lubricants and other potentially 
    harmful liquids.
        (b) Location of each existing erosion and sedimentation control 
    structure or other control measures for reducing pollutants in storm 
    water runoff.
        (c) Receiving streams or other surface water bodies.
        (d) Locations exposed to precipitation that contain acidic spoil, 
    refuse or unreclaimed disturbed areas.
        (e) Locations where major spills or leaks of toxic or hazardous 
    pollutants have occurred.
        (f) Locations where liquid storage tanks containing potential 
    pollutants, such as caustics, hydraulic fluids and lubricants, are 
    exposed to precipitation.
        (g) Locations where fueling stations, vehicle and equipment 
    maintenance areas are exposed to precipitation.
        (h) Locations at outfalls and the types of discharges contained in 
    the drainage areas of the outfalls.
        (ii) For each area of the facility that generates storm water 
    discharges associated with the mining-related activity with a 
    reasonable potential for containing significant amounts of pollutants, 
    a prediction of the direction of flow, and an identification of the 
    types of pollutants that are likely to be present in storm water 
    discharges associated with the activity. Factors to consider include 
    the toxicity of the pollutant; quantity of chemicals used, produced or 
    discharged; the likelihood of contact with storm water; and history of 
    significant leaks or spills of toxic or hazardous pollutants. Flows 
    with a significant potential for causing erosion shall be identified.
        (b) Inventory of Exposed Materials--An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation. Such inventory shall include a narrative description of 
    significant materials that have been handled, treated, stored or 
    disposed in a manner to allow exposure to storm water between the time 
    of 3 years prior to the date of the submission of a Notice of Intent 
    (NOI) to be covered under this permit and the present; method and 
    location of onsite storage or disposal; materials management practices 
    employed to minimize contact of materials with storm water runoff 
    between the time of 3 years prior to the date of the submission of a 
    Notice of Intent (NOI) to be covered under this permit and the present; 
    the location and a description of existing structural and nonstructural 
    control measures to reduce pollutants in storm water runoff; and a 
    description of any treatment the storm water receives.
        (c) Spills and Leaks--A list of significant spills and leaks of 
    toxic or hazardous pollutants that occurred at areas that are exposed 
    to precipitation or that otherwise drain to a storm water conveyance at 
    the facility after the date of 3 years prior to the date of the 
    submission of a Notice of Intent (NOI) to be covered under this permit. 
    Such list shall be updated as appropriate during the term of the 
    permit.
        (d) Sampling Data--A summary of any existing discharge sampling 
    data describing pollutants in storm water discharges from the portions 
    of the facility covered by this permit, including a summary of any 
    sampling data collected during the term of this permit.
        (e) Risk Identification and Summary of Potential Pollutant 
    Sources--A narrative description of the potential pollutant sources 
    from the following activities: truck traffic on haul roads and 
    resulting generation of sediment subject to runoff and dust generation; 
    fuel or 
    
    [[Page 51163]]
    other liquid storage; pressure lines containing slurry, hydraulic fluid 
    or other potential harmful liquids; and loading or temporary storage of 
    acidic refuse or spoil. Specific potential pollutants shall be 
    identified, where known.
        (3) Measures and Controls. Each facility covered by this permit 
    shall develop a description of storm water management controls 
    appropriate for the facility and implement such controls. The 
    appropriateness and priorities of controls in a plan shall reflect 
    identified potential sources of pollutants at the facility. The 
    description of storm water management controls shall address the 
    following minimum components, including a schedule for implementing 
    such controls.
        (a) Good Housekeeping--Good housekeeping requires the maintenance 
    of areas that may contribute pollutants to storm water discharges in a 
    clean, orderly manner. These would be practices that would minimize the 
    generation of pollutants at the source or before it would be necessary 
    to employ sediment ponds or other control measures at the discharge 
    outlets. Where applicable, such measures or other equivalent measures 
    would include the following: sweepers and covered storage to minimize 
    dust generation and storm runoff; conservation of vegetation where 
    possible to minimize erosion; watering of haul roads to minimize dust 
    generation; collection, removal, and proper disposal of waste oils and 
    other fluids resulting from vehicle and equipment maintenance; or other 
    equivalent measures.
        (b) Preventive Maintenance--A preventive maintenance program shall 
    involve timely inspection and maintenance of storm water management 
    devices as well as inspecting and testing facility equipment and 
    systems to uncover conditions that could cause breakdowns or failures 
    resulting in discharges of pollutants to surface waters, and ensuring 
    appropriate maintenance of such equipment and systems. Where 
    applicable, such measures would include the following: removal and 
    proper disposal of settled solids in catch basins to allow sufficient 
    retention capacity; periodic replacement of siltation control measures 
    subject to deterioration such as straw bales; inspections of storage 
    tanks and pressure lines for fuels, lubricants, hydraulic fluid or 
    slurry to prevent leaks due to deterioration or faulty connections; or 
    other equivalent measures.
        (c) Spill Prevention and Response Procedures--Areas where potential 
    spills that can contribute pollutants to storm water discharges can 
    occur, and their accompanying drainage points shall be identified 
    clearly in the storm water pollution prevention plan. Where 
    appropriate, specifying material handling procedures, storage 
    requirements, and use of equipment such as diversion valves in the plan 
    should be considered. Procedures for cleaning up spills shall be 
    identified in the plan and made available to the appropriate personnel. 
    The necessary equipment to implement a clean up should be available to 
    personnel.
        (d) Inspections--In addition to or as part of the comprehensive 
    site evaluation required under paragraph XI.H.3.a.(4) of this section, 
    qualified facility personnel shall be identified to inspect designated 
    areas of the facility at appropriate intervals specified in the plan. 
    The following shall be included in the plan:
        (i) Active Mining-Related Areas and Those Inactive Areas Under 
    SMCRA Bond Authority--The plan shall require quarterly inspections by 
    the facility personnel for areas of the facility covered by pollution 
    prevention plan requirements. This inspection interval corresponds with 
    the quarterly inspections for the entire facility required to be 
    provided by SMCRA authority inspectors for all mining-related areas 
    under SMCRA authority, including sediment and erosion control measures. 
    Inspections by the facility representative may be done at the same time 
    as the mandatory inspections performed by SMCRA inspectors. Records of 
    inspections of the SMCRA authority facility representative shall be 
    maintained.
        (ii) Inactive Mining-Related Areas Not Under SMCRA Bond.--The plan 
    shall require annual inspections by the facility representative except 
    in situations referred to in paragraph XI.H.3.a.(4)(d) below.
        (iii) Inspection Records--The plan shall require that inspection 
    records of the facility representative and those of the SMCRA authority 
    inspector shall be maintained. A set of tracking or follow-up 
    procedures shall be used to ensure that appropriate actions are taken 
    in response to the inspections.
        (e) Employee Training--Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management at all levels of responsibility of the 
    components and goals of the storm water pollution prevention plan. 
    Training should address topics such as spill response, good 
    housekeeping and material management practices. The pollution 
    prevention plan shall identify periodic dates for such training.
        (f) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents (such as spills, or other discharges) along with other 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. 
    Inspections and maintenance activities shall be documented and records 
    of such activities shall be incorporated into the plan.
    
    (g) Non-storm Water Discharges
    
        (i) The plan shall include a certification that the discharge has 
    been tested or evaluated for the presence of non-storm water discharges 
    such as drainage from underground portions of inactive mines or floor 
    drains from maintenance or coal handling buildings. The certification 
    shall include the identification of potential significant sources of 
    non-storm water discharges at the site, a description of the results of 
    any test and/or evaluation, a description of the evaluation criteria or 
    testing method used, the date of any testing and/or evaluation, and the 
    onsite drainage points that were directly observed during the test. 
    Certifications shall be signed in accordance with Part VII.G. of this 
    permit.
        (ii) Except for flows from fire fighting activities, authorized 
    sources of non-storm water listed in Part III.A.2. (Prohibition of Non-
    storm Water Discharges) of this permit that are combined with storm 
    water discharges associated with industrial activity must be identified 
    in the plan. The plan shall identify and ensure the implementation of 
    appropriate pollution prevention measures for the non-storm water 
    component(s) of the discharge.
        (iii) Any facility that is unable to provide the certification 
    required (testing or other evaluation for non-storm water discharges) 
    must notify the Director by [270 days after permit issuance] or, for 
    facilities that begin to discharge storm water associated with 
    industrial activity after [insert date 270 days after permit issuance], 
    180 days after submitting an NOI to be covered by this permit. If the 
    failure to certify is caused by the inability to perform adequate tests 
    or evaluations, such notification shall describe: the procedure of any 
    test conducted for the presence of non-storm water discharges; the 
    results of such test or other relevant observations; potential sources 
    of non-storm water to the storm discharge lines; and why adequate tests 
    for such storm 
    
    [[Page 51164]]
    discharge lines were not feasible. Non-storm water discharges to waters 
    of the United States that are not authorized by an NPDES permit are 
    unlawful, and must be terminated.
        (h) Sediment and Erosion Control--The plan shall identify areas 
    that, due to topography, activities, or other factors, have a high 
    potential for significant soil erosion, and identify structural, 
    vegetative, and/or stabilization measures to be used to limit erosion 
    and reduce sediment concentrations in storm water discharges. As 
    indicated in paragraph XI.H.3.a.(3) above, SMCRA requirements regarding 
    sediment and erosion control measures are primary requirements of the 
    pollution prevention plan for mining-related areas subject to SMCRA 
    authority. The following sediment and erosion control measures or other 
    equivalent measures, should be included in the plan where reasonable 
    and appropriate for all areas subject to storm water runoff:
        (i) Stabilization Measures--Interim and permanent stabilization 
    measures to minimize erosion and lessen amount of structural sediment 
    control measures needed, including: mature vegetation preservation; 
    temporary seeding; permanent seeding and planting; temporary mulching, 
    matting, and netting; sod stabilization; vegetative buffer strips; 
    temporary chemical mulch, soil binders, and soil palliatives; nonacidic 
    roadsurfacing material; and protective trees.
        (ii) Structural Measures--Structural measures to lessen erosion and 
    reduce sediment discharges, including: silt fences; earth dikes; straw 
    dikes; gradient terraces; drainage swales; sediment traps; pipe slope 
    drains; porous rock check dams; sedimentation ponds; riprap channel 
    protection; capping of contaminated sources; and physical/chemical 
    treatment of storm water.
        (i) Management of Flow--The plan shall contain a narrative 
    consideration of the appropriateness of traditional storm water 
    management practices (other than those as sediment and erosion control 
    measures listed above) used to manage storm water runoff in a manner 
    that reduces pollutants in storm water runoff from the site. The plan 
    shall provide that the measures, which the permittee determines to be 
    reasonable and appropriate, shall be implemented and maintained. 
    Appropriate measures may include: discharge diversions; drainage/storm 
    water conveyances; runoff dispersion; sediment control and collection; 
    vegetation/soil stabilization; capping of contaminated sources; 
    treatment; or other equivalent measures.
        (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
    shall conduct site compliance evaluations at intervals specified in the 
    plan, but in no case less than once a year. Such evaluations shall 
    provide:
        (a) Areas contributing to a storm water discharge associated with 
    coal mining-related areas shall be visually inspected for evidence of, 
    or the potential for, pollutants entering the drainage system. These 
    areas include haul and access roads; railroad spurs, sidings, and 
    internal haulage lines; conveyor belts, chutes and aerial tramways; 
    equipment storage and maintenance yards; coal handling buildings and 
    structures; and inactive mines and related areas. Measures to reduce 
    pollutant loadings shall be evaluated to determine whether they are 
    adequate and properly implemented in accordance with the terms of the 
    permit or whether additional control measures are needed. Structural 
    storm water management measures, sediment and erosion control measures, 
    and other structural pollution prevention measures, as indicated in 
    paragraphs XI.H.3.a.(3)(h) and XI.H.3.a.(3)(i) above and where 
    identified in the plan, shall be observed to ensure that they are 
    operating correctly. A visual evaluation of any equipment needed to 
    implement the plan, such as spill response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan, in accordance with 
    paragraph XI.H.3.a.(2) of this section, and pollution prevention 
    measures and controls identified in the plan, in accordance with 
    paragraph XI.H.3.a.(3) of this section, shall be revised as appropriate 
    within 2 weeks of such evaluation and shall provide for implementation 
    of any changes to the plan in a timely manner. For inactive mines, such 
    revisions may be extended to a maximum of 12 weeks after the 
    evaluation.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan, and actions taken in accordance with 
    paragraph XI.H.3.a.(4)(b) above shall be made and retained as part of 
    the storm water pollution prevention plan for at least 3 years after 
    the date of the evaluation. The report shall identify any incidents of 
    noncompliance. Where a report does not identify any incidents of 
    noncompliance, the report shall contain a certification that the 
    facility is in compliance with the storm water pollution prevention 
    plan and this permit. The report shall be signed in accordance with 
    Part VII.G. (Signatory Requirements) of this permit.
        (d) Where compliance evaluation schedules overlap with inspections 
    required under 3.a.(3)(d), the compliance evaluation may be conducted 
    in place of one such inspection. Where annual site compliance 
    evaluations are shown in the plan to be impractical for inactive mining 
    sites due to the remote location and inaccessibility of the site, site 
    inspections required under this part shall be conducted at appropriate 
    intervals specified in the plan, but, in no case less than once in 3 
    years.
    4. Numeric Effluent Limitations
        There are no additional numeric effluent limitations beyond those 
    described in Part V.B. of this permit.
    5. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. During the period beginning 
    [insert date 1 year after permit issuance] lasting through [insert date 
    2 years after permit issuance] and the period beginning [insert date 3 
    years after permit issuance] lasting through [insert date 4 years after 
    permit issuance], permittees with coal mining activities must monitor 
    their storm water discharges associated with industrial activity at 
    least quarterly (4 times per year) during years 2 and 4 except as 
    provided in paragraphs 5.a.(3) (Sampling Waiver), 5.a.(4) 
    (Representative Discharge), and 5.a.(5) (Alternative Certification). 
    Coal mining facilities are required to monitor their storm water 
    discharges for the pollutants of concern listed in Table H-1 below. 
    Facilities must report in accordance with 5.b. (Reporting). In addition 
    to the parameters listed in Table H-1 below, the permittee shall 
    provide the date and duration (in hours) of the storm event(s) sampled; 
    rainfall measurements or estimates (in inches) of the storm event that 
    generated the sampled runoff; the duration between the storm event 
    sampled and the end of the previous measurable (greater than 0.1 inch 
    rainfall) storm event; and an estimate of the total volume (in gallons) 
    of the discharge sampled.
    
                                                                            
    
    [[Page 51165]]
         Table H-1.--Monitoring Requirements for Coal Mining Facilities     
    ------------------------------------------------------------------------
                                                                  Cut-off   
                      Pollutants of concern                    concentration
                                                                   (mg/L)   
    ------------------------------------------------------------------------
    Total Recoverable Aluminum...............................        0.75   
    Total Recoverable Iron...................................        1.0    
    Total Suspended Solids...................................      100      
    ------------------------------------------------------------------------
    
    
    
        (1) Monitoring Periods. Coal mining facilities shall monitor 
    samples collected during the sampling periods of: January through 
    March, April through June, July through September, and October through 
    December for the years specified in paragraph a. (above).
        (2) Sample Type. A minimum of one grab sample shall be taken. All 
    such samples shall be collected from the discharge resulting from a 
    storm event that is greater than 0.1 inches in magnitude and that 
    occurs at least 72 hours from the previously measurable (greater than 
    0.1 inch rainfall) storm event. The required 72-hour storm event 
    interval is waived where the preceding measurable storm event did not 
    result in a measurable discharge from the facility. The required 72-
    hour storm event interval may also be waived where the permittee 
    documents that less than a 72-hour interval is representative for local 
    storm events during the season when sampling is being conducted. The 
    grab sample shall be taken during the first 30 minutes of the 
    discharge. If the collection of a grab sample during the first 30 
    minutes is impracticable, a grab sample can be taken during the first 
    hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable. If storm water discharges associated with 
    industrial activity commingle with process or nonprocess water, then 
    where practicable permittees must attempt to sample the storm water 
    discharge before it mixes with the non-storm water discharge.
    
    (3) Sampling Waiver
    
        (a) Adverse Conditions--When a discharger is unable to collect 
    samples within a specified sampling period due to adverse climatic 
    conditions, the discharger shall collect a substitute sample from a 
    separate qualifying event in the next monitoring period and submit the 
    data along with the data for the routine sample in that period. Adverse 
    weather conditions that may prohibit the collection of samples include 
    weather conditions that create dangerous conditions for personnel (such 
    as local flooding, high winds, hurricanes, tornadoes, electrical 
    storms, etc.) or otherwise make the collection of a sample 
    impracticable (drought, extended frozen conditions, etc.).
        (b) Low Concentration Waiver--When the average concentration for a 
    pollutant calculated from all monitoring data collected from an outfall 
    during the monitoring period [insert date 1 year after permit issuance] 
    lasting through [insert date 2 years after permit issuance] is less 
    than the corresponding value for that pollutant listed in Table H-1 
    under the column Monitoring Cut-off Concentration, a facility may waive 
    monitoring and reporting requirements in the monitoring period 
    beginning [insert date 3 years after permit issuance] lasting through 
    [insert date 4 years after permit issuance]. The facility must submit 
    to the Director, in lieu of the monitoring data, a certification that 
    there has not been a significant change in industrial activity or the 
    pollution prevention measures in area of the facility that drains to 
    the outfall for which sampling was waived.
        (c) When a discharger is unable to conduct quarterly chemical storm 
    water sampling at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirements as long 
    as the facility remains inactive and unstaffed. The facility must 
    submit to the Director, in lieu of monitoring data, a certification 
    statement on the DMR stating that the site is inactive and unstaffed so 
    that collecting a sample during a qualifying event is not possible.
        (4) Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluents. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan. The permittee shall 
    include the description of the location of the outfalls, explanation of 
    why outfalls are expected to discharge substantially identical 
    effluents, and estimate of the size of the drainage area and runoff 
    coefficient with the Discharge Monitoring Report.
        (5) Alternative Certification. A discharger is not subject to the 
    monitoring requirements of this section provided the discharger makes a 
    certification for a given outfall or on a pollutant-by-pollutant basis 
    in lieu of monitoring reports required under paragraph b. below, under 
    penalty of law, signed in accordance with Part VII.G. (Signatory 
    Requirements), that material handling equipment or activities, raw 
    materials, intermediate products, final products, waste materials, by-
    products, industrial machinery or operations, or significant materials 
    from past industrial activity that are located in areas of the facility 
    within the drainage area of the outfall are not presently exposed to 
    storm water and are not expected to be exposed to storm water for the 
    certification period. Such certification must be retained in the storm 
    water pollution prevention plan, and submitted to EPA in accordance 
    with Part VI.C. of this permit. In the case of certifying that a 
    pollutant is not present, the permittee must submit the certification 
    along with the monitoring reports required under paragraph b. below. If 
    the permittee cannot certify for an entire period, they must submit the 
    date exposure was eliminated and any monitoring required up until that 
    date. This certification option is not applicable to compliance 
    monitoring requirements associated with effluent limitations.
        b. Reporting. Permittees shall submit monitoring results for each 
    outfall associated with industrial activity [or a certification in 
    accordance with Sections (3), (4), or (5) above] obtained during the 
    reporting period beginning [insert date 1 year after permit issuance] 
    lasting through [insert date 2 years after permit issuance] on 
    Discharge Monitoring Report Form(s) postmarked no later than the 31st 
    day of the following March [insert the date 2 years after permit 
    issuance]. Monitoring results [or a certification in accordance with 
    Sections (3), (4), or (5) above] obtained during the period beginning 
    [insert date 3 years after permit issuance] lasting through [insert 
    date 4 years after permit issuance] shall be submitted on Discharge 
    Monitoring Report Form(s) postmarked no later than the 31st day of the 
    following March. For each outfall, one signed Discharge Monitoring 
    Report form must be submitted to the Director per storm event sampled. 
    Signed copies of 
    
    [[Page 51166]]
    Discharge Monitoring Reports, or said certifications, shall be 
    submitted to the Director of the NPDES program at the address of the 
    appropriate Regional Office listed in Part VI.B.1. of the permit.
        (1) Additional Notification. In addition to filing copies of 
    discharge monitoring reports in accordance with paragraph b. (above), 
    coal-mining related facilities with at least one storm water discharge 
    associated with industrial activity through a large or medium municipal 
    separate storm sewer system (systems serving a population of 100,000 or 
    more) must submit signed copies of discharge monitoring reports to the 
    operator of the municipal separate storm sewer system in accordance 
    with the dates provided in paragraph b. (above).
        c. Visual Examination of Storm Water Quality. Coal mining-related 
    facilities shall perform and document a visual examination of a 
    representative storm water discharge at the following frequencies: 
    quarterly for active areas under SMCRA bond located in areas with 
    average annual precipitation over 20 inches; semi-annually for inactive 
    areas under SMCRA bond, and active areas under SMCRA bond located in 
    areas with average annual precipitation of 20 inches or less; visual 
    examinations are not required at inactive areas not under SMCRA bond.
        (1) Examinations shall be conducted in each of the following 
    periods for the purposes of visually inspecting storm water runoff or 
    snow melt: Quarterly--January through March; April through June; July 
    through September; and October through December. Semi-annually--January 
    through June and July through December.
        (2) Examinations shall be made of samples collected within the 
    first 60 minutes (or as soon thereafter as practical, but not to exceed 
    two hours) of when the runoff or snow melt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual will carry out the collection and 
    examination of discharges for the life of the permit.
        (3) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (4) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfalls provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explaining in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (5) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examination. Adverse weather conditions which may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricanes, tornadoes, electrical storms, etc.) or otherwise 
    make the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (6) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility remains inactive and unstaffed. The facility must maintain 
    a certification with the pollution prevention plan stating that the 
    site is inactive and unstaffed so that performing visual examinations 
    during a qualifying event is not feasible.
    
    I. Storm Water Discharges Associated With Industrial Activity From Oil 
    and Gas Extraction Facilities
    
    1. Discharges Covered Under This Section
        a. Coverage. This permit covers all existing point source 
    discharges of storm water associated with industrial activity to waters 
    of the United States from oil and gas facilities listed under Standard 
    Industrial Classification (SIC) Major Group 13 which are required to be 
    permitted under 40 CFR 122.26. These include ``* * * oil and gas 
    exploration, production, processing, or treatment operations, or 
    transmission facilities that discharge storm water contaminated by 
    contract with or that has come into contact with any overburden raw 
    material, intermediate products, finished products, by-products or 
    waste products located on the site of such operations.'' Contaminated 
    storm water discharges from petroleum refining or drilling operations 
    that are subject to nationally established BAT or BPT guidelines found 
    at 40 CFR 419 and 435 respectively are not included. Industries in SIC 
    Major Group 13 include the extraction and production of crude oil, 
    natural gas, oil sands and shale; the production of hydrocarbon liquids 
    and natural gas from coal; and associated oil field service, supply and 
    repair industries.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        b. Limitations. Storm water discharges associated with industrial 
    activity from inactive oil and gas operations occurring on Federal 
    lands where an operator cannot be identified are not covered by this 
    permit.
    
    [[Page 51167]]
    
    2. Special Conditions
        There are no additional requirements beyond those listed in Part 
    III. of this permit.
    3. Storm Water Pollution Prevention Plan Requirements
        a. Contents of Plan. The plan shall include, at a minimum, the 
    following items:
        (1) Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team that are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility or plant manager in its implementation, maintenance, and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        (2) Description of Potential Pollutant Sources. Each plan shall 
    provide a description of potential sources which may reasonably be 
    expected to add significant amounts of pollutants to storm water 
    discharges or which may result in the discharge of pollutants during 
    dry weather from separate storm sewers draining the facility. Each plan 
    shall identify all activities and significant materials which may 
    potentially be significant pollutant sources. Each plan shall include, 
    at a minimum:
    
    (a) Drainage
    
        (i) A site map indicating an outline of the portions of the 
    drainage area of each storm water outfall that are within the facility 
    boundaries, each existing structural control measure to reduce 
    pollutants in storm water runoff, surface water bodies, locations where 
    significant materials are exposed to precipitation, locations where 
    major spills or leaks identified under Part IX.I.3.a.(1)(c) (Spills and 
    Leaks) of this permit have occurred, location of any areas where RQ 
    releases have occurred; and the locations of the following activities 
    where such activities are exposed to precipitation: fueling stations, 
    vehicle and equipment maintenance and/or cleaning areas, loading/
    unloading areas, locations used for the treatment, storage or disposal 
    of wastes, liquid storage tanks, processing areas and storage areas, 
    chemical mixing areas, construction and drilling areas. The site map 
    will indicate all areas subject to the effluent guidelines requirement 
    of ``No Discharge'' in accordance with 40 CFR 435.32 and the existing 
    structural controls to achieve compliance with the ``No Discharge'' 
    requirement. The map must indicate the outfall locations and the types 
    of discharges contained in the drainage areas of the outfalls.
        (ii) For each area of the facility that generates storm water 
    discharges associated with industrial activity with a reasonable 
    potential for containing significant amounts of pollutants, a 
    prediction of the direction of flow, and an identification of the types 
    of pollutants which are likely to be present in storm water discharges 
    associated with industrial activity. Factors to consider include the 
    toxicity of chemical; quantity of chemicals used, produced or 
    discharged; the likelihood of contact with storm water; and history of 
    significant leaks or spills of toxic or hazardous pollutants. The 
    permittee should consider the cause of RQ releases, the materials used 
    to contain and remediate releases, and any other aspect of releases or 
    clean-up which could potentially contribute pollutants to a storm water 
    discharge. Flows with a significant potential for causing erosion shall 
    be identified.
        (b) Inventory of Exposed Materials--An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation. Such inventory shall include a narrative description of 
    significant materials that have been handled, treated, stored or 
    disposed in a manner to allow exposure to storm water between the time 
    of 3 years prior to the date of the submission of a Notice of Intent 
    (NOI) to be covered under this permit and the present; method and 
    location of onsite storage or disposal; materials management practices 
    employed to minimize contact of materials with storm water runoff 
    between the time of 3 years prior to the date of the submission of a 
    Notice of Intent (NOI) to be covered under this permit and the present; 
    the location and a description of existing structural and nonstructural 
    control measures to reduce pollutants in storm water runoff; and a 
    description of any treatment the storm water receives.
        (c) Spills and Leaks--A list of significant spills and significant 
    leaks of toxic or hazardous pollutants that occurred at areas that are 
    exposed to precipitation or that otherwise drain to a storm water 
    conveyance at the facility after the date of 3 years prior to the date 
    of the submission of a Notice of Intent (NOI) to be covered under this 
    permit. Such list shall be updated as appropriate during the term of 
    the permit.
        (d) Sampling Data--A summary of existing discharge sampling data 
    describing pollutants in storm water discharges from the facility, 
    including a summary of sampling data collected during the term of this 
    permit.
        (e) Risk Identification and Summary of Potential Pollutant 
    Sources--A narrative description of the potential pollutant sources 
    from the following activities: loading and unloading operations; 
    outdoor storage activities; chemical, cement, mud or gel mixing 
    activities; outdoor manufacturing or processing activities; drilling or 
    mining activities; significant dust or particulate generating 
    processes; and onsite waste disposal practices, equipment cleaning and 
    rehabilitation activities. List any significant potential source of 
    pollutants at the site and for each potential source, any pollutant or 
    pollutant parameter (e.g., biochemical oxygen demand, etc.) of concern 
    shall be identified.
        In its description of potential pollutant sources, a facility must 
    include information about the RQ release which triggered the permit 
    application requirements. Such information must include: the nature of 
    the release (e.g., spill of oil from a drum storage area); the amount 
    of oil or hazardous substance released; amount of substance recovered; 
    date of the release; cause of the release (e.g., poor handling 
    techniques as well as lack of containment in area); area affected by 
    release, including land and waters; procedure to cleanup release; 
    actions or procedures implemented to prevent or better respond to a 
    release; and remaining potential contamination of storm water from 
    release. The analysis shall take into account human health risks, the 
    control of drinking water intakes, and the designated uses of the 
    receiving stream.
        (3) Measures and Controls. Each facility covered by this permit 
    shall develop and implement storm water management controls appropriate 
    for the facility. The controls in a plan shall reflect identified 
    potential sources of pollutants at the facility. The description of 
    storm water management controls shall address the following minimum 
    components, including a schedule for implementing such measures:
        (a) Good Housekeeping--Good housekeeping requires the maintenance 
    of areas which may contribute pollutants to storm water discharges in a 
    clean, orderly manner.
        (b) Preventive Maintenance--A preventive maintenance program shall 
    involve timely inspection and maintenance of storm water management 
    devices (e.g., cleaning oil/water separators, catch basins) as well as 
    inspecting and testing facility 
    
    [[Page 51168]]
    equipment and systems to uncover conditions that could cause breakdowns 
    or failures resulting in discharges of pollutants to surface waters, 
    and ensuring appropriate maintenance of such equipment and systems. The 
    preventative maintenance program shall also include the inspection of 
    all on site and off site mixing tanks and equipment, and all vehicles 
    which carry supplies and chemicals to oil field activities.
        (c) Spill Prevention and Response Procedures--Areas where potential 
    spills which can contribute pollutants to storm water discharges can 
    occur, and their accompanying drainage points shall be identified 
    clearly in the storm water pollution prevention plan. Materials shall 
    be stored indoors where possible, and drainage systems designed to 
    discharge downstream from drinking water intakes. Where appropriate, 
    specifying material handling procedures, storage requirements, and use 
    of equipment such as diversion valves in the plan should be considered. 
    Procedures for cleaning up spills shall be identified in the plan and 
    made available to the appropriate personnel. The necessary equipment to 
    implement a clean up should be available to personnel.
        (d) Inspections--In addition to or as part of the comprehensive 
    site evaluation required under paragraph XI.I.3.a.(4) of this section, 
    qualified facility or plant personnel shall be identified to inspect 
    designated equipment and areas of the facility at appropriate intervals 
    specified in the plan. All equipment and areas addressed in the 
    pollution prevention plan shall be inspected at a minimum of 6-month 
    intervals. Equipment and vehicles which store, mix or transport 
    hazardous materials will be inspected routinely, but not less than 
    quarterly. A set of tracking or follow-up procedures shall be used to 
    ensure that appropriate actions are taken in response to the 
    inspections. Records of inspections shall be maintained.
        (e) Employee Training--Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management at all levels of responsibility of the 
    components and goals of the storm water pollution prevention plan. 
    Training should address topics such as spill response, good 
    housekeeping and material management practices. The pollution 
    prevention plan shall identify periodic dates for such training.
        (f) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents (such as spills, or other discharges), along with other 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. 
    Inspections and maintenance activities shall be documented and records 
    of such activities shall be incorporated into the plan. All records 
    shall be kept for a period of not less than 3 years.
    
     (g) Non-storm Water Discharges
    
        (i) The plan shall include a certification that the discharge has 
    been tested or evaluated for the presence of non-storm water 
    discharges. The certification shall include the identification of 
    potential significant sources of non-storm water at the site, a 
    description of the results of any test and/or evaluation for the 
    presence of non-storm water discharges, the evaluation criteria or 
    testing method used, the date of any testing and/or evaluation, and the 
    onsite drainage points that were directly observed during the test. 
    Certifications shall be signed in accordance with Part VII.G. of this 
    permit. Such certification may not be feasible if the facility 
    operating the storm water discharge associated with industrial activity 
    does not have access to an outfall, manhole, or other point of access 
    to the ultimate conduit which receives the discharge. In such cases, 
    the source identification section of the storm water pollution 
    prevention plan shall indicate why the certification required by this 
    part was not feasible, along with the identification of potential 
    significant sources of non-storm water at the site. A discharger that 
    is unable to provide the certification required by this paragraph must 
    notify the Director in accordance with paragraph XI.I.a.(3)(g)(iii) 
    (below).
        (ii) Except for flows from fire fighting activities, sources of 
    non-storm water listed in Part III.A.2. (Prohibition of Non-storm Water 
    Discharges) of this permit that are combined with storm water 
    discharges associated with industrial activity must be identified in 
    the plan. The plan shall identify and ensure the implementation of 
    appropriate pollution prevention measures for the non-storm water 
    component(s) of the discharge.
        (iii) Failure to Certify--Any facility that is unable to provide 
    the certification required (testing for non-storm water discharges), 
    must notify the Director by [Insert date 270 days after permit 
    issuance] or, for facilities which begin to discharge storm water 
    associated with industrial activity after [Insert date 270 days after 
    permit issuance], 180 days after submitting an NOI to be covered by 
    this permit. If the failure to certify is caused by the inability to 
    perform adequate tests or evaluations, such notification shall 
    describe: the procedure of any test conducted for the presence of non-
    storm water discharges; the results of such test or other relevant 
    observations; potential sources of non-storm water discharges to the 
    storm sewer; and why adequate tests for such storm sewers were not 
    feasible. Non-storm water discharges to waters of the United States 
    which are not authorized by an NPDES permit are unlawful, and must be 
    terminated.
        (h) Sediment and Erosion Control--The plan shall identify areas 
    which, due to topography, activities, or other factors, have a high 
    potential for significant soil erosion, and identify structural, 
    vegetative, and/or stabilization measures to be used to limit erosion. 
    Unless covered by the General Permit for Construction Activity (57 FR 
    41209), the additional erosion control requirement for well drillings 
    oil, sand, and shale mining areas are as follows:
        (i) Site Description--Each plan shall provide a description of the 
    following: (1) A description of the nature of the exploration activity; 
    (2) estimates of the total area of the site and the area of the site 
    that is expected to be disturbed due to the exploration activity; (3) 
    an estimate of the runoff coefficient of the site; (4) a site map 
    indicating drainage patterns and approximate slopes, the location of 
    major control structures identified in the plan, and surface waters; 
    and (5) the name of the receiving water(s) and the ultimate receiving 
    water(s) of the runoff.
        (ii) Controls--The pollution prevention plan shall include a 
    description of controls appropriate for the activity and implement such 
    controls. The description of controls shall address the following 
    minimum components:
        (a) A description of vegetative practices designed to preserve 
    existing vegetation where attainable and revegetate open areas as soon 
    as practicable after grade drilling. Such practices may include: 
    temporary seeding, permanent seeding, mulching, sod stabilization, 
    vegetative buffer strips, protection of trees, or other equivalent 
    measures. The operator shall initiate appropriate vegetative practices 
    on all disturbed areas within 14 calendar days of the last activity at 
    that area.
        (b) A description of structural practices that, to the degree 
    attainable, divert flows from exposed soils, store flows or otherwise 
    limit runoff from exposed areas of the site. Such practices 
    
    [[Page 51169]]
    may include straw bale dikes, silt fences, earth dikes, brush barriers, 
    drainage swales, check dams, subsurface drain, pipe slope drain, level 
    spreaders storm drain inlet protection, rock outlet protection, 
    sediment traps, temporary sediment basins, or other equivalent 
    measures.
        (iii) Offsite vehicle tracking of sediments shall be minimized.
        (iv) Procedures in a plan shall provide that all erosion controls 
    on the site are inspected at least once every 7 calendar days. Weekly 
    inspections are necessary to ensure erosion controls continue to 
    effectively reduce the amount of sediment carried offsite. A silt fence 
    or silt trap is no longer effective when filled with silt.
        (i) Management of Runoff--The plan shall contain a narrative 
    consideration of the appropriateness of traditional storm water 
    management practices (practices other than those which control the 
    generation or source(s) of pollutants) used to divert, infiltrate, 
    reuse, or otherwise manage storm water runoff in a manner that reduces 
    pollutants in storm water discharges from the site. The plan shall 
    provide the measures that the permittee determines to be reasonable and 
    appropriate which shall be implemented and maintained. The potential of 
    various sources at the facility to contribute pollutants to storm water 
    discharges associated with industrial activity shall be considered when 
    determining reasonable and appropriate measures. Appropriate measures 
    may include: vegetative swales and practices, reuse of collected storm 
    water (such as for a process or as an irrigation source), inlet 
    controls (such as oil/water separators), snow management activities, 
    infiltration devices, wet detention/retention devices, or other 
    equivalent measures.
        (j) Reportable Quantity (RQ) Release--The permittee must describe 
    the measures taken to clean up RQ releases or related spills of 
    materials, as well as measures proposed to avoid future releases of 
    RQs. Such measures may include, among others: Improved handling or 
    storage techniques; containment around handling areas of liquid 
    materials; and use of improved spill cleanup materials and techniques.
        (k) Vehicle and Equipment Storage Areas--The storage of vehicles 
    and equipment awaiting or having completed maintenance must be confined 
    to designated areas (delineated on the site map). The plan must 
    describe measures that prevent or minimize contamination of the storm 
    water runoff from these areas. The facility may consider the use of 
    drip pans under vehicles and equipment, indoor storage of the vehicles 
    and equipment, installation of berming and diking of this area, or 
    other equivalent measures.
        (l) Vehicle and Equipment Cleaning and Maintenance Areas--The plan 
    must describe measures that prevent or minimize contamination of the 
    storm water runoff from all areas used for vehicle and equipment 
    cleaning. The facility may consider performing all cleaning operations 
    indoors, covering the cleaning operation, ensuring that all washwaters 
    drain to a sanitary sewer, and/or collecting the storm water runoff 
    from the cleaning area and providing treatment or recycling. The 
    discharge of vehicle and equipment wash waters, including tank cleaning 
    operations, are not authorized by this permit and must be authorized 
    under a separate NPDES permit or discharged to a sanitary sewer in 
    accordance with applicable industrial pretreatment requirements.
        The plan must describe measures that prevent or minimize 
    contamination of the storm water runoff from all areas used for vehicle 
    and equipment maintenance and rehabilitation. The facility may consider 
    performing all maintenance activities indoors, using drip pans, 
    maintaining an organized inventory of materials used in the shop, 
    draining all parts of fluids prior to disposal, prohibiting the 
    practice of hosing down the shop floor where the practice would result 
    in the exposure of pollutants to storm water, using dry cleanup 
    methods, collecting the storm water runoff from the maintenance area 
    and providing treatment or recycling, or other equivalent measures.
        (m) Materials and Chemical Storage Areas--Storage units of all 
    chemicals and materials (e.g., fuels, oils, used filters, spent 
    solvents, paint wastes, radiator fluids, transmission fluids, hydraulic 
    fluids, detergents drilling mud components, acids, organic additives) 
    must be maintained in good condition so as to prevent contamination of 
    storm water. Hazardous materials must be plainly labeled. The plan must 
    describe measures that prevent or minimize contamination of the storm 
    water runoff from such storage areas. The facility may consider indoor 
    storage of the materials and/or installation of berming and diking at 
    the area.
        (n) Chemical Mixing Areas--The plan must describe measures that 
    prevent or minimize contamination of the storm water runoff from 
    chemical mixing areas. The facility may consider covering the mixing 
    area, using spill and overflow protection, minimizing runon of storm 
    water to the mixing area, using dry cleanup methods, and/or collecting 
    the storm water runoff and providing treatment or recycling. The 
    facility may consider installation of berming and diking of the area.
        Comprehensive Site Compliance Evaluation. Qualified personnel shall 
    conduct site compliance evaluations at appropriate intervals specified 
    in the plan, but in no case less than once a year. Such evaluations 
    shall provide:
        (a) Areas contributing to a storm water discharge associated with 
    industrial activity (e.g., materials and chemical storage areas, 
    vehicle and equipment cleaning and maintenance areas, vehicle and 
    equipment storage areas, chemical mixing areas, and areas of materials 
    handling at the drill site areas) shall be visually inspected for 
    evidence of, or the potential for, pollutants entering the drainage 
    system. Measures to reduce pollutant loadings shall be evaluated to 
    determine whether they are adequate and properly implemented in 
    accordance with the terms of the permit or whether additional control 
    measures are needed. Structural storm water management measures, 
    sediment and erosion control measures, and other structural pollution 
    prevention measures identified in the plan shall be observed to ensure 
    that they are operating correctly. A visual inspection of equipment 
    needed to implement the plan, such as spill response equipment, shall 
    be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    paragraph XI.I.3.a.(2) of this section (Description of Potential 
    Pollutant Sources) and pollution prevention measures and controls 
    identified in the plan in accordance with paragraph XI.I.3.a.(3) of 
    this section (Measures and Controls) shall be revised as appropriate 
    within 2 weeks of such evaluation and shall provide for implementation 
    of any changes to the plan in a timely manner, but in no case more than 
    12 weeks after the evaluation.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, and major 
    observations relating to the implementation of the storm water 
    pollution prevention plan the permit shall be made and retained as part 
    of the storm water pollution prevention plan for at least 3 years after 
    the date of the evaluation. The report shall identify any incidents of 
    noncompliance. Where a report does not identify any incidents of 
    noncompliance, the report shall contain a certification that the 
    facility is in compliance with the storm water pollution prevention 
    plan and this permit. The report shall be signed in 
    
    [[Page 51170]]
    accordance with Part VII.G. (Signatory Requirements) of this permit.
        (d) Where compliance evaluation schedules overlap with inspections 
    required under 3.a.(3)(d), the compliance evaluation may be conducted 
    in place of one such inspection.
    4. Numeric Effluent Limitations
        There are no additional requirements beyond those listed in Part 
    V.B. of this permit.
    5. Monitoring and Reporting Requirements
    
    a. Monitoring Requirements
    
        (1) Quarterly Visual Examination of Storm Water Quality. Facilities 
    shall perform and document a visual examination of a storm water 
    discharge associated with industrial activity from each outfall, except 
    discharges exempted below. The examination(s) must be made at least 
    once in each designated period [described in (a), below] during 
    daylight hours unless there is insufficient rainfall or snow melt to 
    produce a runoff event.
        (a) Examinations shall be conducted in each of the following 
    periods for the purposes of visually inspecting storm water quality 
    associated with storm water runoff or snow melt: January through March; 
    April through June; July through September; and October through 
    December.
        (b) Examinations shall be made of samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    one hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual will carry out the collection and 
    examination of discharges for the life of the permit.
        (c) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (d) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfalls provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explaining in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (e) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examination. Adverse weather conditions which may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (f) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility remains inactive and unstaffed. The facility must maintain 
    a certification with the pollution prevention plan stating that the 
    site is inactive and unstaffed so that performing visual examinations 
    during a qualifying event is not feasible.
    
    J. Storm Water Discharges Associated With Industrial Activity From 
    Mineral Mining and Processing Facilities
    
    1. Discharges Covered Under This Section
        This permit covers all existing point source discharges of storm 
    water associated with industrial activity to waters of the United 
    States from active and inactive mineral mining and processing 
    facilities (generally identified by Standard Industrial Classification 
    (SIC) Major Group 14), except for storm water discharges identified 
    under paragraph XI.J.1.a.
        This permit may authorize storm water discharges associated with 
    industrial activity that are mixed with storm water discharges 
    associated with industrial activity from construction activities, 
    provided that the storm water discharge from the construction activity 
    is in compliance with the terms, including applicable Notice of Intent 
    (NOI) or application requirements, of a different NPDES general permit 
    or individual permit authorizing such discharges.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        a. Limitations on Coverage. The following storm water discharges 
    associated with industrial activity are not authorized by this permit:
        (1) Storm water discharges associated with industrial activity 
    which are subject to an existing effluent limitation guideline (40 CFR 
    Part 436), except mine dewatering discharges composed entirely of storm 
    water or ground water seepage from construction sand and gravel, 
    industrial sand, and crushed stone mining facilities located in Region 
    VI (the States of Louisiana, New Mexico, Oklahoma, and Texas) and 
    Arizona.
        (2) Storm water discharges associated with industrial activity from 
    inactive mineral mining activities occurring on Federal lands where an 
    operator cannot 
    
    [[Page 51171]]
    be identified are not eligible for coverage under this permit.
    2. Special Conditions
        a. Prohibition of Non-storm Water Discharges. This section of 
    today's permit does not cover any discharge subject to process 
    wastewater effluent limitation guidelines, including storm water that 
    combines with process wastewater. Part III.A.2 of today's permit does 
    allow certain non-storm water discharges to be covered by this permit.
    3. Storm Water Pollution Prevention Plan Requirements
        a. Contents of Plan. The plan shall include at a minimum, the 
    following items:
        (1) Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team that are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility or plant manager in its implementation, maintenance, and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        (2) Description of Potential Pollutant Sources. Each storm water 
    pollution prevention plan must describe industrial activities, 
    significant materials, and physical features of the facility that may 
    contribute to storm water runoff or, during periods of dry weather, 
    result in dry weather flows and mine pumpout. Plans must describe the 
    following elements:
        (a) Drainage--The plan must contain a map of the site that shows 
    the pattern of storm water drainage, structural or nonstructural 
    features that control pollutants in storm water runoff and process 
    wastewater discharges, surface water bodies (including wetlands), 
    places where significant materials are exposed to rainfall and runoff, 
    and locations of major spills and leaks that occurred in the 3 years 
    prior to the date of the submission of a Notice of Intent (NOI) to be 
    covered under this permit. The map also must show areas where the 
    following activities take place: fueling, vehicle and equipment 
    maintenance and/or cleaning, loading and unloading, material storage 
    (including tanks or other vessels used for liquid or waste storage), 
    material processing, and waste disposal, haul roads, access roads, and 
    rail spurs. In addition, the map must indicate the outfall locations 
    and the types of discharges contained in the drainage areas of the 
    outfalls.
        (b) Inventory of Exposed Materials--Facility operators are required 
    to carefully conduct an inspection of the site and related records to 
    identify significant materials that are or may be exposed to storm 
    water. The inventory must address materials that within 3 years prior 
    to the date of the submission of a Notice of Intent (NOI) to be covered 
    under this permit have been handled, stored, processed, treated, or 
    disposed of in a manner to allow exposure to storm water. Findings of 
    the inventory must be documented in detail in the pollution prevention 
    plan. At a minimum, the plan must describe the method and location of 
    onsite storage or disposal; practices used to minimize contact of 
    materials with rainfall and runoff; existing structural and 
    nonstructural controls that reduce pollutants in storm water runoff; 
    existing structural controls that limit process wastewater discharges; 
    and any treatment the runoff receives before it is discharged to 
    surface waters or a separate storm sewer system. The description must 
    be updated whenever there is a significant change in the types or 
    amounts of materials, or material management practices, that may affect 
    the exposure of materials to storm water.
        (c) Significant Spills and Leaks--The plan must include a list of 
    any significant spills and leaks of toxic or hazardous pollutants that 
    occurred in the 3 years prior to the date of the submission of a Notice 
    of Intent (NOI) to be covered under this permit. Significant spills 
    include, but are not limited to, releases of oil or hazardous 
    substances in excess of quantities that are reportable under Section 
    311 of CWA (see 40 CFR 110.10 and 117.21) or Section 102 of the 
    Comprehensive Environmental Response, Compensation and Liability Act 
    (CERCLA) (see 40 CFR 302.4). Significant spills may also include 
    releases of oil or hazardous substances that are not in excess of 
    reporting requirements and releases of materials that are not 
    classified as oil or a hazardous substance.
        (d) Sampling Data--Any existing data on the quality or quantity of 
    storm water discharges from the facility must be described in the plan. 
    The description should include a discussion of the methods used to 
    collect and analyze the data. Sample collection points should be 
    identified in the plan and shown on the site map.
        (e) Risk Identification and Summary of Potential Pollutant 
    Sources--The description of potential pollution sources culminates in a 
    narrative assessment of the risk potential that sources of pollution 
    pose to storm water quality. This assessment should clearly point to 
    activities, materials, and physical features of the facility that have 
    a reasonable potential to contribute significant amounts of pollutants 
    to storm water. Any such industrial activities, significant materials, 
    or features must be addressed by the measures and controls subsequently 
    described in the plan. In conducting the assessment, the facility 
    operator must consider the following activities: loading and unloading 
    operations; outdoor storage activities; outdoor processing activities; 
    significant dust or particulate generating processes; and onsite waste 
    disposal practices. The assessment must list any significant pollution 
    sources at the site and identify the pollutant parameter or parameters 
    (i.e., total suspended solids, total dissolved solids, etc.) associated 
    with each source.
        (3) Measures and Controls. Following completion of the source 
    identification and assessment phase, the permittee must evaluate, 
    select, and describe the pollution prevention measures, best management 
    practices (BMPs), and other controls that will be implemented at the 
    facility. The permittee must assess the applicability of the following 
    BMPs for their site: discharge diversions, drainage/storm water 
    conveyance systems, runoff dispersions, sediment control and collection 
    mechanisms, vegetation/soil stabilization, and capping of contaminated 
    sources. In addition, BMPs include processes, procedures, schedules of 
    activities, prohibitions on practices, and other management practices 
    that prevent or reduce the discharge of pollutants in storm water 
    runoff.
        The pollution prevention plan must discuss the reasons each 
    selected control or practice is appropriate for the facility and how 
    each will address the potential sources of storm water pollution. The 
    plan also must include a schedule specifying the time or times during 
    which each control or practice will be implemented. In addition, the 
    plan should discuss ways in which the controls and practices relate to 
    one another and, when taken as a whole, produce an integrated and 
    consistent approach for preventing or controlling potential storm water 
    contamination problems.
        (a) Good Housekeeping--Good housekeeping requires the maintenance 
    of areas which may contribute pollutants to storm waters discharges in 
    a clean, orderly manner.
        (b) Preventive Maintenance--The maintenance program requires 
    periodic 
    
    [[Page 51172]]
    removal of debris from discharge diversions and conveyance systems. 
    These activities should be conducted in the spring, after snowmelt, and 
    during the fall season. Permittees using ponds to control their 
    effluents frequently use impoundments or sedimentation ponds as their 
    BAT/BCT. Maintenance schedules for these ponds must be provided in the 
    pollution prevention plan.
        (c) Spill Prevention and Response Procedures--Areas where potential 
    spills which can contribute pollutants to storm water discharges can 
    occur, and their accompanying drainage points shall be identified 
    clearly in the storm water pollution prevention plan. Where 
    appropriate, specifying material handling procedures, storage 
    requirements, and use of equipment such as diversion valves in the plan 
    should be considered. Procedures for cleaning up spills shall be 
    identified in the plan and made available to the appropriate personnel. 
    The necessary equipment to implement a clean up should be available to 
    personnel.
        (d) Inspections--Operators of active facilities are required to 
    conduct quarterly visual inspections of all BMPs. Temporarily and 
    permanently inactive operations are required to perform annual 
    inspections. The inspections shall include: (1) An assessment of the 
    integrity of storm water discharge diversions, conveyance systems, 
    sediment control and collection systems, and containment structures; 
    (2) visual inspections of vegetative BMPs, serrated slopes, and benched 
    slopes to determine if soil erosion has occurred; and (3) visual 
    inspections of material handling and storage areas and other potential 
    sources of pollution for evidence of actual or potential pollutant 
    discharges of contaminated storm water.
        The inspection must be made at least once in each designated period 
    during daylight hours unless there is insufficient rainfall or snow-
    melt to produce a runoff event. Inspections shall be conducted in each 
    of the following periods for the purposes of inspecting storm water 
    quality associated with storm water runoff and snow melt: January 
    through March (storm water runoff or snow melt); April through June 
    (storm water runoff); July through September (storm water runoff); 
    October through December (storm water runoff or snow melt).
        (e) Employee Training--Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management at all levels of responsibility of the 
    components and goals of the storm water pollution prevention plan. 
    Training should address topics such as spill response, good 
    housekeeping and material management practices. The pollution 
    prevention plan shall identify periodic dates for such training.
        (f) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents such as spills or other discharges along with other 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. The 
    permittee must describe procedures for developing and retaining records 
    on the status and effectiveness of plan implementation. The plan must 
    address spills, monitoring, and BMP inspection and maintenance 
    activities. Ineffective BMPs must be recorded and the date of their 
    corrective action noted.
    
    (g) Non-storm Water Discharges
    
        (i) The plan shall include a certification that the discharge has 
    been tested or evaluated for the presence of non-storm water 
    discharges. The certification shall include the identification of 
    potential significant sources of non-storm water at the site, a 
    description of the results of any test and/or evaluation for the 
    presence of non-storm water discharges, the evaluation criteria or 
    testing method used, the date of any testing and/or evaluation, and the 
    onsite drainage points that were directly observed during the test. 
    Certifications shall be signed in accordance with Part VII.G. of this 
    permit. Such certification may not be feasible if the facility 
    operating the storm water discharge associated with industrial activity 
    does not have access to an outfall, manhole, or other point of access 
    to the ultimate conduit which receives the discharge. In such cases, 
    the source identification section of the storm water pollution 
    prevention plan shall indicate why the certification required by this 
    part was not feasible, along with the identification of potential 
    significant sources of non-storm water at the site. A discharger that 
    is unable to provide the certification required by this paragraph must 
    notify the Director in accordance with Part XI.J.3.a.(g)(iii) (Failure 
    to Certify) of this permit.
        (ii) Except for flows from fire fighting activities, sources of 
    non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
    Discharges) of this permit that are combined with storm water 
    discharges associated with industrial activity must be identified in 
    the plan. The plan shall identify and ensure the implementation of 
    appropriate pollution prevention measures for the non-storm water 
    component(s) of the discharge.
        (iii) Failure to Certify.--Any facility that is unable to provide 
    the certification required (testing for non-storm water discharges), 
    must notify the Director by [Insert date 270 days after permit 
    issuance] or, for facilities which begin to discharge storm water 
    associated with industrial activity after [Insert date 270 days after 
    permit issuance], 180 days after submitting an NOI to be covered by 
    this permit. If the failure to certify is caused by the inability to 
    perform adequate tests or evaluations, such notification shall describe 
    the procedure of any test conducted for the presence of non-storm water 
    discharges to the storm sewer and why adequate tests for such storm 
    sewers were not feasible. Non-storm water discharges to waters of the 
    United States which are not authorized by an NPDES permit are unlawful 
    and must be terminated.
        (h) Sediment and Erosion Control--The plan shall identify areas 
    which, due to topography, activities, or other factors, have a high 
    potential for significant soil erosion, and identify structural, 
    vegetative, and/or stabilization measures to be used to limit erosion.
        Permittees must indicate the location and design for proposed BMPs 
    to be implemented prior to land disturbance activities. For sites 
    already disturbed but without BMPs, the permittee must indicate the 
    location and design of BMPs that will be implemented. The permittee is 
    required to indicate plans for grading, contouring, stabilization, and 
    establishment of vegetative cover for all disturbed areas, including 
    road banks. Reclamation activities must continue until final closure 
    notice has been issued.
        (i) Management of Runoff--The plan shall contain a narrative 
    consideration of the appropriateness of traditional storm water 
    management practices (practices other than those which control the 
    generation or source(s) of pollutants) used to divert, infiltrate, 
    reuse, or otherwise manage storm water runoff in a manner that reduces 
    pollutants in storm water discharges from the site. The plan shall 
    provide that measures that the permittee determines to be reasonable 
    and appropriate shall be implemented and maintained. The potential of 
    various sources at the facility to contribute pollutants to storm water 
    discharges associated with industrial activity [see Part XI.J.3.a.(2) 
    (Description of Potential Pollutant Sources) of this permit] shall be 
    considered when determining reasonable and appropriate measures. 
    Appropriate measures may include: vegetative swales and practices, 
    reuse of 
    
    [[Page 51173]]
    collected storm water (such as for a process or as an irrigation 
    source), inlet controls (such as oil/water separators), snow management 
    activities, infiltration devices, wet detention/retention devices, or 
    equivalent measures. In addition, the permittee must describe the storm 
    water pollutant source area or activity (i.e., loading and unloading 
    operations, raw material storage piles, etc.) to be controlled by each 
    storm water management practice.
         (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
    shall conduct site compliance evaluations at appropriate intervals 
    specified in the plan, but, in no case less than once a year. When 
    annual compliance evaluations are shown in the plan to be impractical 
    for inactive mining sites, due to remote location and inaccessibility, 
    site evaluations must be conducted at least once every 3 years. Such 
    evaluations shall provide:
        (a) Areas contributing to a storm water discharge associated with 
    industrial activity shall be visually inspected for evidence of, or the 
    potential for, pollutants entering the drainage system. Measures to 
    reduce pollutant loadings shall be evaluated to determine whether they 
    are adequate and properly implemented in accordance with the terms of 
    the permit or whether additional control measures are needed. 
    Structural storm water management measures, sediment and erosion 
    control measures, and other structural pollution prevention measures 
    identified in the plan shall be observed to ensure that they are 
    operating correctly. A visual inspection of equipment needed to 
    implement the plan, such as spill response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    Part XI.J.3.a.(2) (Description of Potential Pollutant Sources) of this 
    permit and pollution prevention measures and controls identified in the 
    plan in accordance with paragraph XI.J.3.a.(3) (Measures and Controls) 
    of this permit shall be revised as appropriate within 2 weeks of such 
    evaluation and shall provide for implementation of any changes to the 
    plan in a timely manner, but in no case more than 12 weeks after the 
    evaluation.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan, and actions taken in accordance with 
    paragraph XI.J.3.a.(4)(b) (above) of the permit shall be made and 
    retained as part of the storm water pollution prevention plan for at 
    least 3 years from the date of the evaluation. The report shall 
    identify any incidents of noncompliance. Where a report does not 
    identify any incidents of noncompliance, the report shall contain a 
    certification that the facility is in compliance with the storm water 
    pollution prevention plan and this permit. The report shall be signed 
    in accordance with Part VII.G. (Signatory Requirements) of this permit.
        (d) The storm water pollution prevention plan must describe the 
    scope and content of comprehensive site evaluation that qualified 
    personnel will conduct to 1) confirm the accuracy of the description of 
    potential pollution sources contained in the plan, 2) determine the 
    effectiveness of the plan, and 3) assess compliance with the terms and 
    conditions of the permit. Where compliance evaluation schedules overlap 
    with inspections required under 3.a.(3)(d), the compliance evaluation 
    may be conducted in place of one such inspection.
    4. Numeric Effluent Limitations
        Except as discussed in a below, there are no additional numeric 
    effluent limitations beyond those described in Part V.B of this permit.
        a. Region VI--Construction Sand and Gravel; Industrial Sand, and 
    Crushed Stone Mining, Mine Dewatering. Any discharge composed entirely 
    of storm water or ground water seepage that derives from mine 
    dewatering activities at construction sand and gravel, industrial sand, 
    or crushed stone mining facilities located in Region VI (the States of 
    Louisiana, New Mexico, Oklahoma, and Texas) and in Arizona shall not 
    exceed a maximum concentration for any day of 45 mg/L or an average of 
    daily values for 30 consecutive days of 25 mg/L Total Suspended Solids 
    (TSS) nor the 6.0 to 9.0 range limitation for pH. The discharge from 
    the dewatering activity shall not be diluted with other storm water 
    runoff or flows to meet this limitation. Dischargers subject to these 
    numeric effluent limitations must be in compliance with these limits 
    upon commencement of coverage and for the entire term of this permit.
    5. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. During the period beginning 
    [insert date 1 year after permit issuance] lasting through [insert date 
    2 years after permit issuance] and the period beginning [insert date 3 
    years after permit issuance] lasting through [insert date 4 years after 
    permit issuance], permittees with dimension and crushed stone, and 
    nonmetallic minerals (except fuels), and sand and gravel mining 
    activities must monitor their storm water discharges associated with 
    industrial activity at least quarterly (4 times per year) during years 
    2 and 4 except as provided in paragraphs 5.a.(3) (Sampling Waiver), 
    5.a.(4) (Representative Discharge), and 5.a.(5) (Alternative 
    Certification). Such facilities are required to monitor their storm 
    water discharges for the pollutants of concern listed in Table J-1 
    below. Facilities must report in accordance with 5.b. (Reporting). In 
    addition to the parameters listed in Table J-1 below, the permittee 
    shall provide the date and duration (in hours) of the storm event(s) 
    sampled; rainfall measurements or estimates (in inches) of the storm 
    event that generated the sampled runoff; the duration between the storm 
    event sampled and the end of the previous measurable (greater than 0.1 
    inch rainfall) storm event; and an estimate of the total volume (in 
    gallons) of the discharge sampled.
    
                       Table J-1.--Monitoring Requirements                  
    ------------------------------------------------------------------------
                                                                 Cut-off    
                     Pollutants of concern                    concentration 
    ------------------------------------------------------------------------
    Sand and Gravel Mining                                                  
      Nitrate plus Nitrite Nitrogen........................  0.68 mg/L.     
      Total Suspended Solids (TSS).........................  100 mg/L.      
                                                                            
    Dimension and Crushed Stone and Nonmetallic Minerals                    
     (except fuels):                                                        
      Total Suspended Solids (TSS).........................  100 mg/L.      
    ------------------------------------------------------------------------
    
        (1) Monitoring Periods. Facilities subject to analytical monitoring 
    requirements shall monitor samples collected during the sampling 
    periods of: January through March, April through June, July through 
    September, and October through December for the years specified in 
    paragraph a. (above).
        (2) Sample Type. A minimum of one grab sample shall be taken. All 
    such samples shall be collected from the discharge resulting from a 
    storm event that is greater than 0.1 inches in magnitude and that 
    occurs at least 72 hours from the previously measurable (greater than 
    0.1 inch rainfall) storm event. The required 72-hour storm event 
    interval is waived where the preceding measurable storm event did not 
    result in a measurable discharge from the facility. The required 72-
    hour storm event interval may also be waived where the permittee 
    documents that less than a 72-hour interval is representative for local 
    storm events during the season when 
    
    [[Page 51174]]
    sampling is being conducted. The grab sample shall be taken during the 
    first 30 minutes of the discharge. If the collection of a grab sample 
    during the first 30 minutes is impracticable, a grab sample can be 
    taken during the first hour of the discharge, and the discharger shall 
    submit with the monitoring report a description of why a grab sample 
    during the first 30 minutes was impracticable. If storm water 
    discharges associated with industrial activity commingle with process 
    or nonprocess water, then where practicable permittees must attempt to 
    sample the storm water discharge before it mixes with the non-storm 
    water discharge.
        (3) Sampling Waiver
        (a) Adverse Conditions--When a discharger is unable to collect 
    samples within a specified sampling period due to adverse climatic 
    conditions, the discharger shall collect a substitute sample from a 
    separate qualifying event in the next period and submit the data along 
    with the data for the routine sample in that period. Adverse weather 
    conditions that may prohibit the collection of samples include weather 
    conditions that create dangerous conditions for personnel (such as 
    local flooding, high winds, hurricanes, tornadoes, electrical storms, 
    etc.) or otherwise make the collection of a sample impracticable 
    (drought, extended frozen conditions, etc.).
        (b) Low Concentration Waiver--When the average concentration for a 
    pollutant calculated from all monitoring data collected from an outfall 
    during the monitoring period [insert date 1 year after permit issuance] 
    lasting through [insert date 2 years after permit issuance] is less 
    than the corresponding value for that pollutant listed in Table J-1 
    under the column Monitoring Cut-off Concentration, a facility may waive 
    monitoring and reporting requirements in the monitoring period 
    beginning [insert date 3 years after permit issuance] lasting through 
    [insert date 4 years after permit issuance]. The facility must submit 
    to the Director, in lieu of the monitoring data, a certification that 
    there has not been a significant change in industrial activity or the 
    pollution prevention measures in area of the facility that drains to 
    the outfall for which sampling was waived.
        (c) When a discharger is unable to conduct quarterly chemical storm 
    water sampling at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirements as long 
    as the facility remains inactive and unstaffed. The facility must 
    submit to the Director, in lieu of monitoring data, a certification 
    statement on the DMR stating that the site is inactive and unstaffed so 
    that collecting a sample during a qualifying event is not possible.
        (4) Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluents. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan. The permittee shall 
    include the description of the location of the outfalls, explanation of 
    why outfalls are expected to discharge substantially identical 
    effluents, and estimate of the size of the drainage area and runoff 
    coefficient with the Discharge Monitoring Report.
        (5) Alternative Certification. A discharger is not subject to the 
    monitoring requirements of this section provided the discharger makes a 
    certification for a given outfall or on a pollutant-by-pollutant basis 
    in lieu of monitoring reports required under paragraph b below, under 
    penalty of law, signed in accordance with Part VII.G. (Signatory 
    Requirements), that material handling equipment or activities, raw 
    materials, intermediate products, final products, waste materials, by-
    products, industrial machinery or operations, or significant materials 
    from past industrial activity that are located in areas of the facility 
    within the drainage area of the outfall are not presently exposed to 
    storm water and are not expected to be exposed to storm water for the 
    certification period. Such certification must be retained in the storm 
    water pollution prevention plan, and submitted to EPA in accordance 
    with Part VI.C. of this permit. In the case of certifying that a 
    pollutant is not present, the permittee must submit the certification 
    along with the monitoring reports required under paragraph (b) below. 
    If the permittee cannot certify for an entire period, they must submit 
    the date exposure was eliminated and any monitoring required up until 
    that date. This certification option is not applicable to compliance 
    monitoring requirements associated with effluent guidelines.
        b. Reporting. Permittees with dimension and crushed stone, sand and 
    gravel or nonmetallic mineral (except fuels) mining facilities shall 
    submit monitoring results for each outfall associated with industrial 
    activity [or a certification in accordance with Sections (3), (4), or 
    (5) above] obtained during the reporting period beginning [insert date 
    1 year after permit issuance] lasting through [insert date 2 years 
    after permit issuance] on Discharge Monitoring Report Form(s) 
    postmarked no later than the 31st day of the following March [insert 
    the date 2 years after permit issuance]. Monitoring results [or a 
    certification in accordance with Sections (3), (4), or (5) above] 
    obtained during the period beginning [insert date 3 years after permit 
    issuance] lasting through [insert date 4 years after permit issuance] 
    shall be submitted on Discharge Monitoring Report Form(s) postmarked no 
    later than the 31st day of the following March. For each outfall, one 
    signed Discharge Monitoring Report Form must be submitted to the 
    Director per storm event sampled. Signed copies of Discharge Monitoring 
    Reports, or said certifications, shall be submitted to the Director of 
    the NPDES program at the address of the appropriate Regional Office 
    listed in Part VI.G. of the fact sheet.
        (1) Additional Notification. In addition to filing copies of 
    discharge monitoring reports in accordance with paragraph b (above), 
    sand and gravel mining facilities with at least one storm water 
    discharge associated with industrial activity through a large or medium 
    municipal separate storm sewer system (systems serving a population of 
    100,000 or more) must submit signed copies of discharge monitoring 
    reports to the operator of the municipal separate storm sewer system in 
    accordance with the dates provided in paragraph b (above).
        c. Quarterly Visual Examination of Storm Water Quality. Mineral 
    mining and processing facilities covered under this sector shall 
    perform and document a visual examination of a storm water discharge 
    associated with industrial activity from each outfall, except 
    discharges exempted below. The examinations must be made at least once 
    in each designated period [described in (1), below] during daylight 
    hours unless there is insufficient rainfall or snow melt to produce a 
    runoff event. 
    
    [[Page 51175]]
    
        (1) Examinations shall be conducted in each of the following 
    periods for the purposes of visually inspecting storm water quality 
    associated with storm water runoff or snow melt: January through March; 
    April through June; June through September; and October through 
    December.
        (2) Examinations shall be made of samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    one hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual will carry out the collection and 
    examination of discharges for the life of the permit.
        When a discharger is unable to collect samples over the course of 
    the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examinations. Adverse weather conditions which 
    may prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (3) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (4) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfalls provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explaining in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    (e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (5) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility remains inactive and unstaffed. The facility must maintain 
    a certification with the pollution prevention plan stating that the 
    site is inactive and unstaffed so that performing visual examinations 
    during a qualifying event is not feasible.
        d. Compliance Monitoring Requirements. Permittees with construction 
    sand and gravel, industrial sand, and crushed stone mining facilities 
    in Region VI that have mine dewatering discharges composed entirely of 
    storm water or ground water seepage which are covered by this permit 
    must monitor the discharge from the dewatering activity for the 
    presence of TSS and pH at least quarterly (four times per year). 
    Facilities must report in accordance with 5.d.(2) below (reporting). In 
    addition to the parameters listed above, the permittee shall provide 
    the date and duration (in hours) of the storm event(s) sampled; 
    rainfall measurements or estimates (in inches) of the storm event that 
    generated the sampled runoff; the duration between the storm event 
    sampled and the end of the previous measurable (greater than 0.1 inch 
    rainfall) storm event; and an estimate of the total volume (in gallons) 
    of the discharge sampled.
        (1) Sample Type. A minimum of one grab sample shall be taken. All 
    such samples shall be collected from the discharge resulting from a 
    storm event that is greater than 0.1 inches in magnitude and that 
    occurs at least 72 hours from the previously measurable (greater than 
    0.1 inch rainfall) storm event. The grab sample shall be taken during 
    the first 30 minutes of the discharge. If the collection of a grab 
    sample during the first 30 minutes is impracticable, a grab sample can 
    be taken during the first hour of the discharge, and the discharger 
    shall submit with the monitoring report a description of why a grab 
    sample during the first 30 minutes was impracticable.
        (2) Reporting. Permittees with mine dewatering discharges from 
    construction sand and gravel, industrial sand, or crushed stone mining 
    facilities located in Region VI and Arizona shall submit monitoring 
    results obtained during the reporting period beginning [insert date of 
    permit issuance] on Discharge Monitoring Report Form(s) postmarked no 
    later than the 31st day of the following [insert month after permit 
    issuance date]. Signed copies of Discharge Monitoring Reports shall be 
    submitted to the Director of the NPDES program at the address of the 
    appropriate Regional Office indicated in Part VI.B. of this permit. For 
    each outfall, one signed Discharge Monitoring Report form shall be 
    submitted for each storm event sampled.
        (3) Additional Notification. In addition to filing copies of 
    discharge monitoring reports in accordance with paragraph (2) (above), 
    permittees with discharges of material storage runoff from cement 
    manufacturing facilities through a large or medium municipal separate 
    storm sewer system (systems serving a population of 100,000 or more) 
    must submit signed copies of discharge monitoring reports to the 
    operator of the municipal separate storm sewer system in accordance 
    with the dates provided in paragraph 5.d.(3) (above).
    
    K. Storm Water Discharges Associated With Industrial Activity From 
    Hazardous Waste Treatment, Storage, or Disposal Facilities
    
    1. Discharges Covered Under This Section
        The requirements listed under this section shall apply to storm 
    water discharges associated with industrial activity from facilities 
    that treat, store, or dispose of hazardous wastes, including those that 
    are operating under interim status or a permit under subtitle C of 
    RCRA.
        Coverage under this sector for facilities located in Region VI is 
    limited to Hazardous Waste Treatment Storage or Disposal Facilities 
    (TSDFs) that are self-generating or totally residential wastes and to 
    those facilities that only store hazardous waste and do not treat or 
    dispose. These permits are issued by EPA Region VI for Louisiana 
    (LAR05*###), New Mexico 
    
    [[Page 51176]]
    (NMR05*###), Oklahoma (OKR05*###), Texas (TXR05*###), and Federal 
    Indian Reservations in these States (LAR05*##F, NMR05*##F, OKR05*##F, 
    or TXR05*##F). Disposal facilities that have been properly closed and 
    capped, and have no significant materials exposed to storm water, are 
    considered inactive and do not require permits [(40 CFR 122.26(b)(14)]. 
    Prohibited from coverage under this sector are those commercial 
    hazardous wastes disposal and treatment facilities located in Region VI 
    that dispose and treat on a commercial basis any produced hazardous 
    waste (not their own) as a service to generators.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
    2. Special Conditions
        a. Prohibition of Non-storm Water Discharges. There are no 
    additional requirements under this section other than those stated in 
    Part III.A.2 of this permit.
    3. Storm Water Pollution Prevention Plan Requirements
        a. Contents of Plan. The plan shall include, at a minimum, the 
    following items:
        (1) Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team that are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility or plant manager in its implementation, maintenance, and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        (2) Description of Potential Pollutant Sources. Each plan shall 
    provide a description of potential sources which may reasonably be 
    expected to add significant amounts of pollutants to storm water 
    discharges or which may result in the discharge of pollutants during 
    dry weather from separate storm sewers draining the facility. Each plan 
    shall identify all activities and significant materials which may 
    potentially be significant pollutant sources. Each plan shall include, 
    at a minimum:
        (a) Drainage.
        (i) A site map indicating an outline of the portions of the 
    drainage area of each storm water outfall that are within the facility 
    boundaries, each existing structural control measure to reduce 
    pollutants in storm water runoff, surface water bodies, locations where 
    significant materials are exposed to precipitation, locations where 
    major spills or leaks identified under Part IV.D.3.c. (Spills and 
    Leaks) of this permit have occurred, and the locations of the following 
    activities where such activities are exposed to precipitation: fueling 
    stations, vehicle and equipment maintenance and/or cleaning areas, 
    loading/unloading areas, locations used for the treatment, storage or 
    disposal of wastes, liquid storage tanks, processing areas and storage 
    areas. The map must indicate the outfall locations and the types of 
    discharges contained in the drainage areas of the outfalls.
        (ii) For each area of the facility that generates storm water 
    discharges associated with industrial activity with a reasonable 
    potential for containing significant amounts of pollutants, a 
    prediction of the direction of flow, and an identification of the types 
    of pollutants which are likely to be present in storm water discharges 
    associated with industrial activity. Factors to consider include the 
    toxicity of chemicals; quantity of chemicals used, produced or 
    discharged; the likelihood of contact with storm water; and history of 
    significant leaks or spills of toxic or hazardous pollutants. Flows 
    with a significant potential for causing erosion shall be identified.
        (b) Inventory of Exposed Materials--An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation. Such inventory shall include a narrative description of 
    significant materials that have been handled, treated, stored or 
    disposed in a manner to allow exposure to storm water between the time 
    of 3 years prior to the date of the submission of a Notice of Intent 
    (NOI) to be covered under this permit and the present; method and 
    location of onsite storage or disposal; materials management practices 
    employed to minimize contact of materials with storm water runoff 
    between the time of 3 years prior to the date of the submission of a 
    Notice of Intent (NOI) to be covered under this permit and the present; 
    the location and a description of existing structural and nonstructural 
    control measures to reduce pollutants in storm water runoff; and a 
    description of any treatment the storm water receives.
        (c) Spills and Leaks--A list of significant spills and significant 
    leaks of toxic or hazardous pollutants that occurred at areas that are 
    exposed to precipitation or that otherwise drain to a storm water 
    conveyance at the facility after the date of 3 years prior to the date 
    of the submission of a Notice of Intent (NOI) to be covered under this 
    permit. Such list shall be updated as appropriate during the term of 
    the permit.
        (d) Sampling Data--A summary of existing discharge sampling data 
    describing pollutants in storm water discharges from the facility, 
    including a summary of sampling data collected during the term of this 
    permit.
        (e) Risk Identification and Summary of Potential Pollutant 
    Sources--A narrative description of the potential pollutant sources 
    from the following activities: loading and unloading operations; 
    outdoor storage activities; outdoor processing activities; significant 
    dust or particulate generating processes; and onsite waste disposal 
    practices. The description shall specifically list any significant 
    potential source of pollutants at the site and for each potential 
    source, any pollutant or pollutant parameter (e.g., chemical oxygen 
    demand, etc.) of concern shall be identified.
        (e) Measures and Controls. Each facility covered by this permit 
    shall develop a description of storm water management controls 
    appropriate for the facility, and implement such controls. The 
    appropriateness and priorities of controls in a plan shall reflect 
    identified potential sources of pollutants at the facility. The 
    description of storm water management controls shall address the 
    following minimum components, including a schedule for implementing 
    such controls:
        (a) Good Housekeeping--Good housekeeping requires the maintenance 
    of areas which may contribute pollutants to storm water discharges in a 
    clean, orderly manner.
        (b) Preventive Maintenance--A preventive maintenance program shall 
    involve timely inspection and maintenance of storm water management 
    devices (e.g., berms, catch basins) as well as inspecting and testing 
    facility equipment and systems to uncover conditions that could cause 
    
    [[Page 51177]]
    breakdowns or failures resulting in discharges of pollutants to surface 
    waters, and ensuring appropriate maintenance of such equipment and 
    systems.
        Spill Prevention and Response Procedures--Areas where potential 
    spills which can contribute pollutants to storm water discharges can 
    occur, and their accompanying drainage points shall be identified 
    clearly in the storm water pollution prevention plan. Where 
    appropriate, specifying material handling procedures, storage 
    requirements, and use of equipment such as diversion valves in the plan 
    should be considered. Procedures for cleaning up spills shall be 
    identified in the plan and made available to the appropriate personnel. 
    The necessary equipment to implement a clean up should be available to 
    personnel.
        (d) Inspections--In addition to or as part of the comprehensive 
    site evaluation required under paragraph XI.K.3.a.(4) of this section, 
    qualified facility personnel shall be identified to inspect designated 
    equipment and areas of the facility at appropriate intervals specified 
    in the plan. A set of tracking or follow-up procedures shall be used to 
    ensure that appropriate actions are taken in response to the 
    inspections. Records of inspections shall be maintained.
        (e) Employee Training--Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management at all levels of responsibility of the 
    components and goals of the storm water pollution prevention plan. 
    Training should address topics such as spill response, good 
    housekeeping and material management practices. The pollution 
    prevention plan shall identify periodic dates for such training.
        (f) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents (such as spills, or other discharges), along with other 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. 
    Inspections and maintenance activities shall be documented and records 
    of such activities shall be incorporated into the plan.
        (g) Non-storm Water Discharges
        (i) The plan shall include a certification that the discharge has 
    been tested or evaluated for the presence of non-storm water 
    discharges. The certification shall include the identification of 
    potential significant sources of non-storm water at the site, a 
    description of the results of any test and/or evaluation for the 
    presence of non-storm water discharges, the evaluation criteria or 
    testing method used, the date of any testing and/or evaluation, and the 
    onsite drainage points that were directly observed during the test. 
    Certifications shall be signed in accordance with Part VII.G. of this 
    permit. Such certification may not be feasible if the facility 
    operating the storm water discharge associated with industrial activity 
    does not have access to an outfall, manhole, or other point of access 
    to the ultimate conduit which receives the discharge. In such cases, 
    the source identification section of the storm water pollution 
    prevention plan shall indicate why the certification required by this 
    part was not feasible, along with the identification of potential 
    significant sources of non-storm water at the site. A discharger that 
    is unable to provide the certification required by this paragraph must 
    notify the Director in accordance with paragraph (iii) (below).
        (ii) Except for flows from fire fighting activities, sources of 
    non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
    Discharges) of this permit that are combined with storm water 
    discharges associated with industrial activity must be identified in 
    the plan. The plan shall identify and ensure the implementation of 
    appropriate pollution prevention measures for the non-storm water 
    component(s) of the discharge.
        (iii) Failure to Certify--Any facility that is unable to provide 
    the certification required (testing for non-storm water discharges), 
    must notify the Director by [Insert date 270 days after permit 
    issuance] or, for facilities which begin to discharge storm water 
    associated with industrial activity after [Insert date 270 days after 
    permit issuance], 180 days after submitting an NOI to be covered by 
    this permit. If the failure to certify is caused by the inability to 
    perform adequate tests or evaluations, such notification shall 
    describe: the procedure of any test conducted for the presence of non-
    storm water discharges; the results of such test or other relevant 
    observations; potential sources of non-storm water discharges to the 
    storm sewer; and why adequate tests for such storm sewers were not 
    feasible. Non-storm water discharges to waters of the United States 
    which are not authorized by an NPDES permit are unlawful, and must be 
    terminated.
        (h) Sediment and Erosion Control--The plan shall identify areas 
    which, due to topography, activities, or other factors, have a high 
    potential for significant soil erosion, and identify structural, 
    vegetative, and/or stabilization measures to be used to limit erosion.
        (i) Management of Runoff--The plan shall contain a narrative 
    consideration of the appropriateness of traditional storm water 
    management practices (practices other than those which control the 
    generation or source(s) of pollutants) used to divert, infiltrate, 
    reuse, or otherwise manage storm water runoff in a manner that reduces 
    pollutants in storm water discharges from the site. The plan shall 
    provide that measures that the permittee determines to be reasonable 
    and appropriate shall be implemented and maintained. The potential of 
    various sources at the facility to contribute pollutants to storm water 
    discharges associated with industrial activity [see paragraph 
    XI.K.3.a.(2) of this section (Description of Potential Pollutant 
    Sources)] shall be considered when determining reasonable and 
    appropriate measures. Appropriate measures may include: vegetative 
    swales and practices, reuse of collected storm water (such as for a 
    process or as an irrigation source), inlet controls (such as oil/water 
    separators), snow management activities, infiltration devices, wet 
    detention/retention devices, or other equivalent measures.
        (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
    shall conduct site compliance evaluations at appropriate intervals 
    specified in the plan but in no case less than once a year. Such 
    evaluations shall provide:
        (a) Areas contributing to a storm water discharge associated with 
    industrial activity shall be visually inspected for evidence of, or the 
    potential for, pollutants entering the drainage system. Measures to 
    reduce pollutant loadings shall be evaluated to determine whether they 
    are adequate and properly implemented in accordance with the terms of 
    the permit or whether additional control measures are needed. 
    Structural storm water management measures, sediment and erosion 
    control measures, and other structural pollution prevention measures 
    identified in the plan shall be observed to ensure that they are 
    operating correctly. A visual inspection of equipment needed to 
    implement the plan, such as spill response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    paragraph XI.K.3.a.(2) of this section (Description of Potential 
    Pollutant Sources) and pollution prevention measures and controls 
    identified in the plan in accordance with paragraph XI.K.3.a.(3) of 
    this section (Measures and Controls) shall be revised as appropriate 
    within 2 
    
    [[Page 51178]]
    weeks of such evaluation and shall provide for implementation of any 
    changes to the plan in a timely manner, but in no case more than 12 
    weeks after the evaluation.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan, and actions taken in accordance with 
    paragraph (4)(b) (above) of the permit shall be made and retained as 
    part of the storm water pollution prevention plan for at least 3 years 
    from the date of the evaluation. The report shall identify any 
    incidents of noncompliance. Where a report does not identify any 
    incidents of noncompliance, the report shall contain a certification 
    that the facility is in compliance with the storm water pollution 
    prevention plan and this permit. The report shall be signed in 
    accordance with Part VII.G. (Signatory Requirements) of this permit.
        (d) Where compliance evaluation schedules overlap with inspections 
    required under 3.a.(3)(d), the compliance evaluation may be conducted 
    in place of one such inspection.
    4. Numeric Effluent Limitations
        There are no additional numeric effluent limitations beyond those 
    in Part V.B of this permit.
    5. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. During the period beginning 
    [insert date 1 year after permit issuance] lasting through [insert date 
    2 years after permit issuance] and the period beginning [insert date 3 
    years after permit issuance] lasting through [insert date 4 years after 
    permit issuance], permittees with hazardous waste treatment, storage, 
    or disposal facilities (TSDFs) must monitor their storm water 
    discharges associated with industrial activity at least quarterly (4 
    times per year) during years 2 and 4 except as provided in paragraphs 
    5.a.(3) (Sampling Waiver), 5.a.(4) (Representative Discharge), and 
    5.a.(5) (Alternative Certification). TSDFs are required to monitor 
    their storm water discharges for the pollutants of concern listed in 
    Table K-1 below. Facilities must report in accordance with 5.b. 
    (Reporting). In addition to the parameters listed in Table K-1 below, 
    the permittee shall provide the date and duration (in hours) of the 
    storm event(s) sampled; rainfall measurements or estimates (in inches) 
    of the storm event that generated the sampled runoff; the duration 
    between the storm event sampled and the end of the previous measurable 
    (greater than 0.1 inch rainfall) storm event; and an estimate of the 
    total volume (in gallons) of the discharge sampled.
    
                  Table K-1.--Industry Monitoring Requirements              
    ------------------------------------------------------------------------
                  Pollutants of concern                Cut-off concentration
    ------------------------------------------------------------------------
    Ammonia..........................................  19.0 mg/L.           
    Total Recoverable Magnesium*.....................  0.0636 mg/L.         
    Chemical Oxygen Demand (COD).....................  120.0 mg/L.          
    Total Recoverable Arsenic........................  0.16854 mg/L.        
    Total Recoverable Cadmium........................  0.0159 mg/L.         
    Total Cyanide**..................................  0.0636 mg/L.         
    Total Recoverable Lead...........................  0.0816 mg/L.         
    Total Recoverable Mercury........................  0.0024 mg/L.         
    Total Recoverable Selenium.......................  0.2385 mg/L.         
    Total Recoverable Silver.........................  0.0318 mg/L.         
    ------------------------------------------------------------------------
    * The MDL for magnesium is 0.02 mg/L method 200.6.                      
    ** The MDL for cyanide is 0.02 mg/L method 335.1, 335.2, or 335.3.      
    
        (1) Monitoring Periods. TSDFs shall monitor samples collected 
    during the sampling periods of: January through March, April through 
    June, July through September, and October through December for the 
    years specified in paragraph a. (above).
        (2) Sample Type. A minimum of one grab sample shall be taken. All 
    such samples shall be collected from the discharge resulting from a 
    storm event that is greater than 0.1 inches in magnitude and that 
    occurs at least 72 hours from the previously measurable (greater than 
    0.1 inch rainfall) storm event. The required 72-hour storm event 
    interval is waived where the preceding measurable storm event did not 
    result in a measurable discharge from the facility. The required 72-
    hour storm event interval may also be waived where the permittee 
    documents that less than a 72-hour interval is representative for local 
    storm events during the season when sampling is being conducted. The 
    grab sample shall be taken during the first 30 minutes of the 
    discharge. If the collection of a grab sample during the first 30 
    minutes is impracticable, a grab sample can be taken during the first 
    hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable. If storm water discharges associated with 
    industrial activity commingle with process or nonprocess water, then 
    where practicable permittees must attempt to sample the storm water 
    discharge before it mixes with the non-storm water discharge.
        (3) Sampling Waiver.
        (a) Adverse Conditions--When a discharger is unable to collect 
    samples within a specified sampling period due to adverse climatic 
    conditions, the discharger shall collect a substitute sample from a 
    separate qualifying event in the next period and submit the data along 
    with data for the routine sample in that period. Adverse weather 
    conditions that may prohibit the collection of samples include weather 
    conditions that create dangerous conditions for personnel (such as 
    local flooding, high winds, hurricane, tornadoes, electrical storms, 
    etc.) or otherwise make the collection of a sample impracticable 
    (drought, extended frozen conditions, etc.).
        (b) Low Concentration Waiver--When the average concentration for a 
    pollutant calculated from all monitoring data collected from an outfall 
    during the monitoring period [insert date 1 year after permit issuance] 
    lasting through [insert date 2 years after permit issuance] is less 
    than the corresponding value for that pollutant listed in Table K-1 
    under the column Monitoring Cut-off Concentration, a facility may waive 
    monitoring and reporting requirements in the monitoring period 
    beginning [insert date 3 years after permit issuance] lasting through 
    [insert date 4 years after permit issuance]. The facility must submit 
    to the Director, in lieu of the monitoring data, a certification that 
    there has not been a significant change in industrial activity or the 
    pollution prevention measures in area of the facility which drains to 
    the outfall for which sampling was waived.
        (c) When a discharger is unable to conduct quarterly chemical storm 
    water sampling at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirements as long 
    as the facility remains inactive and unstaffed. The facility must 
    submit to the Director, in lieu of monitoring data, a certification 
    statement on the DMR stating that the site is inactive and unstaffed so 
    that collecting a sample during a qualifying event is not possible.
        (4) Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    
    
    [[Page 51179]]
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluents. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan. The permittee shall 
    include the description of the location of the outfalls, explanation of 
    why outfalls are expected to discharge substantially identical 
    effluents, and estimate of the size of the drainage area and runoff 
    coefficient with the Discharge Monitoring Report.
        (5) Alternative Certification. A discharger is not subject to the 
    monitoring requirements of this section provided the discharger makes a 
    certification for a given outfall, or on a pollutant-by-pollutant basis 
    in lieu of monitoring reports required under paragraph b below, under 
    penalty of law, signed in accordance with Part VII.G. (Signatory 
    Requirements), that material handling equipment or activities, raw 
    materials, intermediate products, final products, waste materials, by-
    products, industrial machinery or operations, or significant materials 
    from past industrial activity that are located in areas of the facility 
    within the drainage area of the outfall are not presently exposed to 
    storm water and are not expected to be exposed to storm water for the 
    certification period. Such certification must be retained in the storm 
    water pollution prevention plan, and submitted to EPA in accordance 
    with Part VI.B. of this permit. In the case of certifying that a 
    pollutant is not present, the permittee must submit the certification 
    along with the monitoring reports required under paragraph (b) below. 
    If the permittee cannot certify for an entire period, they must submit 
    the date exposure was eliminated and any monitoring required up until 
    that date. This certification option is not applicable to compliance 
    monitoring requirements associated with effluent limitations.
        b. Reporting. Permittees with TSDFs shall submit monitoring results 
    for each outfall associated with industrial activity [or a 
    certification in accordance with Sections (3), (4), or (5) above] 
    obtained during the reporting period beginning [insert date 1 year 
    after permit issuance] lasting through [insert date 2 years after 
    permit issuance] on Discharge Monitoring Report Form(s) postmarked no 
    later than the 31st day of the following March [insert the date 2 years 
    after permit issuance]. Monitoring results [or a certification in 
    accordance with Sections (3), (4), or (5) above] obtained during the 
    period beginning [insert date 3 years after permit issuance] lasting 
    through [insert date 4 years after permit issuance] shall be submitted 
    on Discharge Monitoring Report Form(s) postmarked no later than the 
    31st day of the following March. For each outfall, one signed Discharge 
    Monitoring Report form must be submitted to the Director per storm 
    event sampled. Signed copies of Discharge Monitoring Reports, or said 
    certifications, shall be submitted to the Director of the NPDES program 
    at the address of the appropriate Regional Office listed in Part VI.G. 
    of the fact sheet.
        (1) Additional Notification. In addition to filing copies of 
    discharge monitoring reports in accordance with paragraph b (above), 
    TSDFs with at least one storm water discharge associated with 
    industrial activity through a large or medium municipal separate storm 
    sewer system (systems serving a population of 100,000 or more) must 
    submit signed copies of discharge monitoring reports to the operator of 
    the municipal separate storm sewer system in accordance with the dates 
    provided in paragraph b (above).
        c. Quarterly Visual Examination of Storm Water Quality. Facilities 
    shall perform and document a visual examination of a representative 
    storm water discharge associated with industrial activity from each 
    outfall, except discharges exempted below. The examination must be made 
    at least once in each of the following periods: January through March, 
    April through June, July through September, and October through 
    December during daylight hours unless there is insufficient rainfall or 
    snow melt to produce a runoff event.
        (1) Examinations shall be made of samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    1 hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual should carry out the collection and 
    examination of discharges for entire permit term.
        (2) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (3) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the observation data also applies 
    to the substantially identical outfall(s) provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (4) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examinations. Adverse weather conditions which 
    may prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (5) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and 
    
    [[Page 51180]]
    unstaffed site, the operator of the facility may exercise a waiver of 
    the monitoring requirement as long as the facility remains inactive and 
    unstaffed. The facility must maintain a certification with the 
    pollution prevention plan stating that the site is inactive and 
    unstaffed so that performing visual examinations during a qualifying 
    event is not feasible.
    
    L. Storm Water Discharges Associated With Industrial Activity From 
    Landfills and Land Application Sites
    
    1. Discharges Covered Under This Section
        a. Coverage. The requirements listed under this section shall apply 
    to storm water discharges associated with industrial activity from 
    waste disposal at landfills and land application sites that receive or 
    have received industrial wastes. Landfill and land application 
    operators that have storm water discharges from other types of 
    industrial activities such as vehicle maintenance, truck washing, and/
    or recycling may be subject to additional requirements specified 
    elsewhere in this permit.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        b. Limitations. Storm water discharges associated with industrial 
    activities from inactive landfills and land application sites occurring 
    on Federal lands where an operator cannot be identified are ineligible 
    for coverage under this permit.
    2. Special Conditions
        a. Prohibition of Non-storm Water Discharges. In addition to the 
    broad non-storm water prohibition in Part III.A of today's permit, the 
    discharge of leachate and vehicle and equipment washwaters to waters of 
    the United States or a municipal separate storm sewer system is not 
    authorized by this permit. Operators with such discharges must obtain 
    coverage under a separate NPDES permit (other than this permit). 
    Discharges from open dumps as defined under RCRA are also not 
    authorized under this permit (e.g., leachate, runoff).
    3. Storm Water Pollution Prevention Plan Requirements
        a. Contents of Plan. The plan shall include, at a minimum, the 
    following items:
        (1) Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team that are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility or plant manager in its implementation, maintenance, and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        (2) Description of Potential Pollutant Sources. Each plan shall 
    provide a description of potential sources which may reasonably be 
    expected to add significant amounts of pollutant to storm water 
    discharges or which may result in the discharge of pollutants during 
    dry weather from separate storm sewers draining the facility. Each plan 
    shall identify all activities and significant materials which may 
    potentially be significant pollutant sources. Each plan shall include, 
    at a minimum:
        (a) Drainage.
        (i) A site map indicating an outline of the portions of the 
    drainage area of each storm water outfall that are within the facility 
    boundaries, each existing structural control measure to reduce 
    pollutants in storm water runoff, surface water bodies, locations of 
    active and closed landfill cells or trenches, locations of active and 
    closed land application areas, locations of any known leachate springs 
    or other areas where uncontrolled leachate may commingle with runoff, 
    locations of any leachate collection and handling systems, locations 
    where major spills or leaks identified under Part XI.L.3.a.(2)(c) 
    (Spills and Leaks) of this permit have occurred, and locations of the 
    following activities where such activities are exposed to 
    precipitation: fueling station, vehicle and equipment maintenance and/
    or cleaning areas, and waste and other significant material loading/
    unloading and storage areas. The map must indicate the outfall 
    locations and the types of discharges contained in the drainage areas 
    of the outfalls.
        (ii) For each area of the facility that generates storm water 
    discharges associated with industrial activity with a reasonable 
    potential for containing significant amounts of pollutants, a 
    prediction of the direction of flow, and an identification of the types 
    of pollutants which are likely to be present in storm water discharges 
    associated with industrial activity. Factors to consider include the 
    toxicity of chemicals; quantities of chemicals used, produced or 
    discharged; the likelihood of contact with storm water; and the history 
    of significant leaks or spills of toxic or hazardous pollutants. Flows 
    with a significant potential for causing erosion shall be identified.
        (b) Inventory of Exposed Materials--An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation. Such inventory shall include a narrative description of 
    significant materials that have been handled, treated, or disposed of 
    in a manner to allow exposure to storm water between the time of 3 
    years prior to the date of the submission of a Notice of Intent (NOI) 
    to be covered under this permit and the present; method and location of 
    onsite storage or disposal; materials management practices employed to 
    minimize contact of materials with storm water runoff between the time 
    of 3 years prior to the date of submission of a Notice of Intent (NOI) 
    to be covered under this permit and the present; the location and a 
    description of existing structural and nonstructural control measures 
    to reduce pollutants in storm water runoff; and a description of any 
    treatment the storm water receives. The inventory of exposed materials 
    shall include, but shall not be limited to the significant material 
    management practices employed.
        (c) Spills and Leaks--A list of significant spills and significant 
    leaks of toxic or hazardous pollutants that occurred at areas that are 
    exposed to precipitation or that otherwise drain to a storm water 
    conveyance at the facility after the date of 3 years prior to the date 
    of the submission of a Notice of Intent (NOI) to be covered under this 
    permit. Such list shall be updated as appropriate during the term of 
    the permit.
        (d) Sampling Data--A summary of existing discharge sampling data 
    describing pollutants in storm water of sampling data collected during 
    the term of this permit. Permittees shall also provide all available 
    sampling data for leachate generated at the site.
        (e) Risk Identification and Summary of Potential Pollutant 
    Sources--Include a narrative description of potential 
    
    [[Page 51181]]
    pollutant sources associated with any of the following, providing they 
    occur at the facility: fertilizer, herbicide and pesticide application; 
    earth/soil moving; waste hauling and loading/unloading; outdoor storage 
    of significant materials including daily, interim and final cover 
    material stockpiles as well as temporary waste storage areas; exposure 
    of active and inactive landfill and land application areas; 
    uncontrolled leachate flows; failure or leaks from leachate collection 
    and treatment systems; haul roads; and vehicle tracking of sediments. 
    The description shall specifically list any significant potential 
    sources of pollutants at the site and for each potential source, any 
    pollutant or pollutant parameter (e.g., biochemical oxygen demand, 
    etc.) of concern shall be identified.
        (3) Measures and Controls. Each facility covered by this permit 
    shall develop a description of storm water management controls 
    appropriate for the facility, and implement such controls. The 
    appropriateness and priorities of controls in a plan shall reflect 
    identified potential sources of pollutants at the facility. The 
    description of storm water management controls shall address the 
    following minimum components, including a schedule for implementing 
    such controls:
        (a) Good Housekeeping--Good housekeeping requires the maintenance 
    of areas which may contribute pollutants to storm water discharges in a 
    clean, orderly manner. Permittees shall consider providing protected 
    materials storage areas for pesticides, herbicides, fertilizers, and 
    other significant materials.
        (b) Preventive Maintenance--A preventive maintenance program shall 
    involve timely inspection and maintenance of storm water management 
    devices (e.g., cleaning oil/water separators, catch basins) as well as 
    inspecting and testing facility equipment and systems to uncover 
    conditions that could cause breakdowns or failures resulting in 
    discharges of pollutants to surface waters, and ensuring appropriate 
    maintenance of such equipment and systems.
        Where applicable, permittees addressed by this section shall also: 
    (1) maintain containers used for outdoor chemical and significant 
    materials storage to prevent leaking or rupture; (2) maintain all 
    elements of leachate collection and treatment systems to prevent 
    commingling of leachate with storm water; and (3) maintain the 
    integrity and effectiveness of any intermediate or final cover, 
    including making repairs to the cover as necessary to minimize the 
    effects of settlement, sinking, and erosion.
        (c) Spill Prevention and Response Procedures--Areas where potential 
    spills which can contribute pollutants to storm water discharges can 
    occur, and their accompanying drainage points shall be identified 
    clearly in the storm water pollution prevention plan. Where 
    appropriate, specifying material handling procedures, storage 
    requirements, and use of equipment such as diversion valves in the plan 
    should be considered. Procedures for cleaning up spills shall be 
    identified in the plan and made available to the appropriate personnel. 
    The necessary equipment to implement a clean up should be available to 
    personnel.
        (d) Inspections--Qualified facility personnel shall be identified 
    to inspect designated equipment and areas of the facility at 
    appropriate intervals specified in the plan.
        (i) For operating landfills and land application sites, inspections 
    shall be conducted at least once every 7 days. Qualified personnel 
    shall inspect areas of landfills that have not yet been finally 
    stabilized, active land application areas, areas used for storage of 
    materials/wastes that are exposed to precipitation, stabilization and 
    structural control measures, leachate collection and treatment systems, 
    and locations where equipment and waste trucks enter and exit the site. 
    Where landfill areas have been finally stabilized and where land 
    application has been completed, or during seasonal arid periods in arid 
    areas (areas with an average annual rainfall of 0 to 10 inches) and 
    semiarid areas (areas with an average annual rainfall of 10 to 20 
    inches), inspections will be conducted at least once every month. 
    Erosion and sediment control measures shall be observed to ensure they 
    are operating correctly.
        (ii) For inactive landfills and land application sites, inspections 
    shall be conducted at least quarterly, and qualified personnel shall 
    inspect: landfill stabilization and structural erosion control measures 
    and leachate collection and treatment systems, and all closed land 
    application areas.
        A set of tracking or follow-up procedures shall be used to ensure 
    that appropriate actions are taken in response to the inspections. The 
    pollution prevention plan shall be revised to address any problems 
    found during inspections. Records of inspections shall be maintained.
        (e) Employee Training--Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management at all levels of responsibility of the 
    components and goals of the storm water pollution prevention plan. 
    Training should address topics such as conducting inspections, spill 
    response, good housekeeping, conducting inspections and material 
    management practices. The pollution prevention plan shall identify 
    periodic dates for such training.
        (f) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents (such as spills, or other discharges), along with other 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. 
    Inspections and maintenance activities shall be documented and records 
    of such activities shall be incorporated into the plan. Landfill 
    operators shall provide for a tracking system for the types of wastes 
    disposed of in each cell or trench of a landfill. Land application site 
    operators shall track the types and quantities of wastes applied in 
    specific areas.
        (g) Non-storm Water Discharges.
        (i) The plan shall include a certification that the discharge has 
    been tested or evaluated for the presence of non-storm water discharges 
    including leachate and vehicle wash waters. The certification shall 
    include the identification of potential significant sources of non-
    storm water at the site, a description of the results of any test and/
    or evaluation for the presence of non-storm water discharges, the 
    evaluation criteria or testing method used, the date of any testing 
    and/or evaluation, and the onsite drainage points that were directly 
    observed during the test. Certifications shall be signed in accordance 
    with Part VII.G. of this permit. Such certification may not be feasible 
    if the facility operating the storm water discharge associated with 
    industrial activity does not have access to an outfall, manhole, or 
    other point of access to the ultimate conduit which receives the 
    discharge. In such cases, the source identification section of the 
    storm water pollution prevention plan shall indicate why the 
    certification required by this part was not feasible, along with the 
    identification of potential significant sources of non-storm water at 
    the site. A discharger that is unable to provide the certification 
    required by this paragraph must notify the Director in accordance with 
    paragraph XI.L.3.a.(3)(g)(iii) (below).
        (ii) Except for flows from fire fighting activities, sources of 
    non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
    Discharges) of this permit that are combined with storm water 
    
    [[Page 51182]]
    discharges associated with industrial activity must be identified in 
    the plan. The plan shall identify and ensure the implementation of 
    appropriate pollution prevention measures for the non-storm water 
    component(s) of the discharge.
        (iii) Failure to Certify--Any facility that is unable to provide 
    the certification required (testing for non-storm water discharges), 
    must notify the Director by [Insert date 180 days after permit 
    issuance] or, for facilities which begin to discharge storm water 
    associated with industrial activity after [Insert date of permit 
    issuance], 180 days after submitting an NOI to be covered by this 
    permit. If the failure to certify is caused by the inability to perform 
    adequate tests or evaluations, such notification shall describe: the 
    procedure of any test conducted for the presence of non-storm water 
    discharges; the results of such test or other relevant observations; 
    potential sources of non-storm water discharges to the storm sewer; and 
    why adequate tests for such storm sewers were not feasible. Non-storm 
    water discharges to waters of the Unites States which are not 
    authorized by an NPDES permit are unlawful, and must be terminated.
        (h) Sediment and Erosion Control--The plan shall identify areas 
    which, due to topography activities, or other factors, have a high 
    potential for significant soil erosion, and identify structural, 
    vegetative, and/or stabilization measures to be used to limit erosion.
        Landfill operators shall provide for temporary stabilization of 
    materials stockpiled for daily, intermediate and final cover. 
    Stabilization practices to consider include, but are not limited to, 
    temporary seeding, mulching, and placing geotextiles on the inactive 
    portions of the stockpiles.
        Landfill operators shall provide for temporary stabilization of 
    inactive areas of the landfill which have an intermediate cover but no 
    final cover.
        Landfill operators shall provide for temporary stabilization of any 
    landfill areas which have received a final cover until vegetation has 
    established itself. Land application site operators shall also 
    stabilize areas where waste application has been completed until 
    vegetation has been established.
        (i) Management of Runoff--The plan shall also contain a narrative 
    consideration of the appropriateness of traditional storm water 
    management practices (practices other than those which control the 
    generation or source(s) of pollutants) used to divert, infiltrate, 
    reuse, or otherwise manage storm water runoff in a manner that reduces 
    pollutants in storm water discharges from the site. The plan shall 
    provide that measures that the permittee determines to be reasonable 
    and appropriate shall be implemented and maintained. The potential of 
    various sources at the facility to contribute pollutants to storm water 
    discharges associated with industrial activity [see paragraph 
    XI.L.3.a.(2) of this section (Description of Potential Pollutant 
    Sources)] shall be considered when determining reasonable and 
    appropriate measures. Appropriate measures may include: silt fences, 
    earth dikes, gradient terraces, drainage swales, sediment traps, check 
    dams, pipe slope drains, level spreaders, storm drain inlet protection, 
    rock outlet protection, reinforced soil retaining systems, gabions and 
    temporary or permanent sediment basins, or other equivalent measures. 
    Structural practices should be placed on upland soils as practicable.
        (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
    shall conduct site compliance evaluations at appropriate intervals 
    specified in the plan, but in no case less than once a year. Such 
    evaluations shall provide:
        (a) Areas contributing to a storm water discharge associated with 
    industrial activity at landfill and land application sites shall be 
    visually inspected for evidence of, or the potential for, pollutants 
    entering the drainage system. Measures to reduce pollutant loadings 
    shall be evaluated to determine whether they are adequate and properly 
    implemented in accordance with the terms of the permit or whether 
    additional control measures are needed. Structural storm water 
    management measures, sediment and erosion control measures, and other 
    structural pollution prevention measures identified in the plan shall 
    be observed to ensure that they are operating correctly. A visual 
    inspection of equipment needed to implement the plan, such as spill 
    response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    paragraph XI.L.3.a.(2) of this section (Description of Potential 
    Pollutant Sources) and pollution prevention measures and controls 
    identified in the plan in accordance with paragraph XI.L.3.a.(3) of 
    this section (Measures and Controls) shall be revised as appropriate 
    within 2 weeks of such evaluation and shall provide for implementation 
    of any changes to the plan in timely manner, but in no case more than 
    12 weeks after the evaluation.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan for at least 3 years from the date of the 
    evaluation. The report shall identify any incidents of noncompliance. 
    Where a report does not identify any incidents of noncompliance, the 
    report shall contain a certification that the facility is in compliance 
    with the storm water pollution prevention plan and this permit. The 
    report shall be signed in accordance with Part VII.G. (Signatory 
    Requirements) of this permit.
        (d) Where compliance evaluation schedules overlap with inspections 
    required under 3.a.(3)(d), the compliance evaluation may be conducted 
    in place of one such inspection.
    4. Numeric Effluent Limitations
        There are no additional numeric effluent limitations beyond those 
    in Part V.B of this permit.
    5. Monitoring and Reporting Requirements
        (a) Analytical Monitoring Requirements. During the period beginning 
    [insert date 1 year after permit issuance] lasting through [insert date 
    2 years after permit issuance] and the period beginning [insert date 3 
    years after permit issuance] lasting through [insert date 4 years after 
    permit issuance], permittees with landfill/land application sites must 
    monitor their storm water discharges associated with industrial 
    activity at least quarterly (4 times per year) during years 2 and 4 
    except as provided in paragraphs 5.a.(3) (Sampling Waiver), 5.a.(4) 
    (Representative Discharge), and 5.a.(5) (Alternative Certification). 
    Landfill/land application sites are required to monitor their storm 
    water discharges for the pollutants of concern listed in Table L-1 
    below. Facilities must report in accordance with 5.b. (Reporting). In 
    addition to the parameters listed in Table L-1 below, the permittee 
    shall provide the date and duration (in hours) of the storm event(s) 
    sampled; rainfall measurements or estimates (in inches) of the storm 
    event that generated the sampled runoff; the duration between the storm 
    event sampled and the end of the previous measurable (greater than 0.1 
    inch rainfall) storm event; and an estimate of the total volume (in 
    gallons) of the discharge sampled.
    
                                                                            
    
    [[Page 51183]]
                  Table L-1.--Industry Monitoring Requirements              
    ------------------------------------------------------------------------
                  Pollutants of concern                Cut-off concentration
    ------------------------------------------------------------------------
    Total Suspended Solids (TSS) i...................  100 mg/L             
    Total Recoverable Iron ii........................  1.0 mg/L             
    ------------------------------------------------------------------------
    i Applicable to all landfill and land application sites.                
    ii Applicable to all facilities except MSWLF areas closed in accordance 
      with 40 CFR 258.60 requirements.                                      
    
    
        (1) Monitoring Periods. Landfill/land application sites shall 
    monitor samples collected during the sampling periods of: January 
    through March, April through June, July through September, and October 
    through December for the years specified in paragraph a (above).
        (2) Sample Type. A minimum of one grab sample shall be taken. All 
    such samples shall be collected from the discharge resulting from a 
    storm event that is greater than 0.1 inches in magnitude and that 
    occurs at least 72 hours from the previously measurable (greater than 
    0.1 inch rainfall) storm event. The required 72-hour storm event 
    interval is waived where the preceding measurable storm event did not 
    result in a measurable discharge from the facility. The required 72-
    hour storm event interval may also be waived where the permittee 
    documents that less than a 72-hour interval is representative for local 
    storm events during the season when sampling is being conducted. The 
    grab sample shall be taken during the first 30 minutes of the 
    discharge. If the collection of a grab sample during the first 30 
    minutes is impracticable, a grab sample can be taken during the first 
    hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable. If storm water discharges associated with 
    industrial activity commingle with process or nonprocess water, then 
    where practicable, permittees must attempt to sample the storm water 
    discharge before it mixes with the non-storm water discharge.
        (3) Sampling Waiver.
        (a) Adverse Conditions--When a discharger is unable to collect 
    samples within a specified sampling period due to adverse climatic 
    conditions, the discharger shall collect a substitute sample from a 
    separate qualifying event in the next period and submit the data along 
    with data for the routine sample in that period. Adverse weather 
    conditions that may prohibit the collection of samples include weather 
    conditions that create dangerous conditions for personnel (such as 
    local flooding, high winds, hurricane, tornadoes, electrical storms, 
    etc.) or otherwise make the collection of a sample impracticable (e.g., 
    drought, extended frozen conditions, etc.).
        (b) Low Concentration Waiver--When the average concentration for a 
    pollutant calculated from all monitoring data collected from an outfall 
    during the monitoring period [insert date 1 year after permit issuance] 
    lasting through [insert date 2 years after permit issuance] is less 
    than the corresponding value for that pollutant listed in Table L-1 
    under the column Monitoring Cut-off Concentration, a facility may waive 
    monitoring and reporting requirements in the monitoring period 
    beginning [insert date 3 years after permit issuance] lasting through 
    [insert date 4 years after permit issuance]. The facility must submit 
    to the Director, in lieu of the monitoring data, a certification that 
    there has not been a significant change in industrial activity or the 
    pollution prevention measures in area of the facility which drains to 
    the outfall for which sampling was waived.
        (c) When a discharger is unable to conduct quarterly chemical storm 
    water sampling at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirements as long 
    as the facility remains inactive and unstaffed. The facility must 
    submit to the Director, in lieu of monitoring data, a certification 
    statement on the DMR stating that the site is inactive and unstaffed so 
    that collecting a sample during a qualifying event is not possible.
        (4) Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluents. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan. The permittee shall 
    include the description of the location of the outfalls, explanation of 
    why outfalls are expected to discharge substantially identical 
    effluents, and estimate of the size of the drainage area and runoff 
    coefficient with the Discharge Monitoring Report.
        (5) Alternative Certification. A discharger is not subject to the 
    monitoring requirements of this section provided the discharger makes a 
    certification for a given outfall or on a pollutant-by-pollutant basis 
    in lieu of monitoring reports required under paragraph (b) below, under 
    penalty of law, signed in accordance with Part VII.G. (Signatory 
    Requirements), that material handling equipment or activities, raw 
    materials, intermediate products, final products, waste materials, by-
    products, industrial machinery or operations, or significant materials 
    from past industrial activity, that are located in areas of the 
    facility within the drainage area of the outfall are not presently 
    exposed to storm water and are not expected to be exposed to storm 
    water for the certification period. Such certification must be retained 
    in the storm water pollution prevention plan, and submitted to EPA in 
    accordance with Part VI.C. of the fact sheet to this permit. In the 
    case of certifying that a pollutant is not present, the permittee must 
    submit the certification along with the monitoring reports required 
    under paragraph (b) below. If the permittee cannot certify for an 
    entire period, they must submit the date exposure was eliminated and 
    any monitoring required up until that date. This certification option 
    is not applicable to compliance monitoring requirements associated with 
    effluent limitations.
        (b) Reporting. Permittees with landfill/land application sites 
    shall submit monitoring results for each outfall associated with 
    industrial activity [or a certification in accordance with Sections 
    (3), (4), or (5) above] obtained during the reporting period beginning 
    [insert date 1 year after permit issuance] lasting through [insert date 
    2 years after permit issuance] on Discharge Monitoring Report Form(s) 
    postmarked no later than the 31st day of the following March [insert 
    the date 2 years after permit issuance]. Monitoring results [or a 
    certification in accordance with Sections (3), (4), or (5) above] 
    obtained during the period beginning [insert date 3 years after permit 
    issuance] lasting through [insert date 4 years after permit issuance] 
    shall be submitted on Discharge Monitoring Report Form(s) postmarked no 
    later than the 31st day of the following March. For each outfall, one 
    Discharge Monitoring 
    
    [[Page 51184]]
    Report form must be submitted per storm event sampled. Signed copies of 
    Discharge Monitoring Reports, or said certifications, shall be 
    submitted to the Director of the NPDES program at the address of the 
    appropriate Regional Office listed in Part VI.G. of the fact sheet to 
    this permit.
        (1) Additional Notification. In addition to filing copies of 
    discharge monitoring reports in accordance with paragraph b (above) 
    landfill/land application sites, with at least one storm water 
    discharge associated with industrial activity through a large or medium 
    municipal separate storm sewer system (systems serving a population of 
    100,000 or more) must submit signed copies of discharge monitoring 
    reports to the operator of the municipal separate storm sewer system in 
    accordance with the dates provided in paragraph b (above).
        (c) Quarterly Visual Examination of Storm Water Quality. Facilities 
    shall perform and document a visual examination of a storm water 
    discharge associated with industrial activity from each outfall, except 
    discharges exempted below. The examination must be made at least once 
    in each designated period [described in (1) below] during daylight 
    hours unless there is insufficient rainfall or snow melt to produce a 
    runoff event.
        (1) Examinations shall be conducted in each of the following 
    periods for the purposes of visually inspecting storm water quality 
    associated with storm water runoff or snow melt: January through March; 
    April through June; July through September; October through December.
        (2) Examinations shall be made of samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    1 hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual should carry out the collection and 
    examination of discharges for the entire permit term.
        (3) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (4) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfall(s) provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (5) When a discharger is unable to conduct a visual examination as 
    a result of adverse climatic conditions, the discharger must document 
    the reason for not performing the visual examination and retain this 
    documentation onsite with the records of the visual examination. 
    Adverse weather conditions which may prohibit the collection of samples 
    include weather conditions that create dangerous conditions for 
    personnel (such as local flooding, high winds, hurricane, tornadoes, 
    electrical storms, etc.) or otherwise make the collection of a sample 
    impracticable (drought, extended frozen conditions, etc.).
        (6) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility remains inactive and unstaffed. The facility must maintain 
    a certification with the pollution prevention plan stating that the 
    site is inactive and unstaffed so that performing visual examinations 
    during a qualifying event is not feasible.
    6. Definition
        ``Inactive Landfill''-- For the purposes of this permit, a landfill 
    is considered inactive when, on a permanent basis, it will no longer 
    receive waste and has completed closure in accordance with any 
    applicable Federal, State, and/or local requirements.
    
    M. Storm Water Discharges Associated With Industrial Activity From 
    Automobile Salvage Yards
    
    1. Discharges Covered Under This Section
        The requirements of this section apply to point source discharges 
    of storm water associated with industrial activity from facilities 
    engaged in dismantling or wrecking used motor vehicles for parts 
    recycling or resale and for scrap (Standard Industrial Classification 
    (SIC) Code 5015).
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
    2. Storm Water Pollution Prevention Plan Requirements
        (a.) Contents of Plan. The plan shall include, at a minimum, the 
    following items:
        (1) Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team that are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility or plant manager in its implementation, maintenance, and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        (2) Description of Potential Pollutant Sources. Each storm water 
    pollution prevention plan must describe industrial activities, 
    significant 
    
    [[Page 51185]]
    materials, and physical features of the facility that may contribute to 
    storm water runoff or, during periods of dry weather, result in dry 
    weather flows. Plans must include the following elements:
        (a) Site Map--The plan must contain a map of the site that shows 
    structural features that control pollutants in storm water runoff 
    4 and process wastewater discharges, surface water bodies 
    (including wetlands), places where significant materials are exposed to 
    rainfall and runoff, and locations of major spills and leaks that 
    occurred in the 3 years prior to the date of the submission of a Notice 
    of Intent (NOI) to be covered under this permit. The map must also 
    indicate the flow direction of storm water runoff. The location of each 
    storm water outfall associated with an industrial activity, as well as 
    an outline of the drainage area for each storm water outfall and an 
    indication of the types of discharges in each drainage area must be 
    indicated. The map must indicate the location of each monitoring point. 
    The map must include an estimation (in acres) of the total area used 
    for industrial activity including, but not limited to, dismantling, 
    storage, and maintenance of used motor vehicles and motor vehicle 
    parts. The map must also indicate the location of the following 
    activities where such activities are exposed to precipitation: vehicle 
    storage areas; dismantling areas; parts storage areas, including engine 
    blocks, tires, hub caps, batteries, hoods, and mufflers; fueling 
    stations; vehicle and equipment maintenance areas; cleaning areas 
    (parts, vehicles, and/or equipment); loading and unloading areas; 
    locations used for the treatment, storage, and disposal of wastes; and 
    liquid storage tanks and drums for fuel and other fluids.
    
        \4\ Features such as grass swales and vegetative buffer strips 
    also should be shown.
    ---------------------------------------------------------------------------
    
        (b) Inventory of Potential Pollutant Sources--Facility operators 
    are required to carefully conduct an inspection of the site to identify 
    significant materials exposed to precipitation that may contribute 
    pollutants to storm water discharges. The inventory must address 
    materials that within 3 years prior to the date of the submission of a 
    Notice of Intent (NOI) to be covered under this permit have been 
    handled, stored, processed, treated, or disposed of in a manner to 
    allow exposure to storm water. Findings of the inventory must be 
    documented in detail in the pollution prevention plan. At a minimum, 
    the plan must describe the method and location of onsite storage or 
    disposal; practices used to minimize contact of materials with rainfall 
    and runoff; existing structural and nonstructural controls that reduce 
    pollutants in storm water runoff; existing structural controls that 
    prohibit/control process wastewater discharges; and any treatment the 
    runoff receives before it is discharged to surface waters or through a 
    separate storm sewer system. The description must be updated whenever 
    there is a significant change in the types or amounts of materials, or 
    material management practices, that may affect the exposure of 
    materials to storm water.
        (c) Significant Spills and Leaks--The plan must include a list of 
    any significant spills and leaks of toxic or hazardous pollutants that 
    occurred in the 3 years prior to the date of the submission of a Notice 
    of Intent (NOI) to be covered under this permit. Significant spills 
    include, but are not limited to, releases of oil or hazardous 
    substances in excess of quantities that are reportable under Section 
    311 of CWA (see 40 CFR 110.10 and 40 CFR 117.21) or Section 102 of the 
    Comprehensive Environmental Response, Compensation and Liability Act 
    (CERCLA) (see 40 CFR 302.4). Significant spills may also include 
    releases of oil or hazardous substances that are not in excess of 
    reporting requirements and releases of materials that are not 
    classified as oil or a hazardous substance. This list shall be updated 
    as appropriate during the term of the permit.
        (d) Sampling Data--Any existing data or data collected during the 
    term of this permit describing the quality or quantity of storm water 
    discharges from the facility must be summarized in the plan. The 
    description should include a discussion of the methods used to collect 
    and analyze the data. Sample collection points should be identified in 
    the plan and shown on the site map.
        (e) Summary of Potential Pollutant Sources--The description of 
    potential pollution sources should clearly point to activities, 
    materials, and physical features of the facility that have a reasonable 
    potential to contribute significant amounts of pollutants to storm 
    water discharges. Any such industrial activities, significant 
    materials, or features must be addressed by the measures and controls 
    subsequently described in the plan. In conducting the assessment, the 
    facility operator must consider the potential for the following 
    activities to contribute pollutants: vehicle storage areas; dismantling 
    areas; parts storage areas, including engine blocks, tires, hub caps, 
    batteries, and hoods; fueling stations; vehicle and equipment 
    maintenance areas; cleaning areas (parts and vehicles and/or 
    equipment); loading/unloading areas; locations used for the treatment, 
    storage, and disposal of wastes; and liquid storage tanks and drums for 
    fuel and other fluids.
        The assessment must identify the pollutant parameter or parameters 
    (i.e., copper, iron, lead, oil and grease, total suspended solids, 
    etc.) associated with each pollutant source.
        (3) Measures and Controls. Following completion of the source 
    identification and assessment phase, the permittee must evaluate, 
    select, and describe the pollution prevention measures, best management 
    practices (BMPs), and other controls that will be implemented at the 
    facility. BMPs include processes, procedures, schedules of activities, 
    prohibitions on practices, and other management practices that prevent 
    or reduce the discharge of pollutants in storm water runoff.
        The pollution prevention plan must discuss the reasons each 
    selected control or practice is appropriate for the facility and how 
    each will address the potential sources of storm water pollution. The 
    plan also must include a schedule specifying the time or times during 
    which each control or practice will be implemented. In addition, the 
    plan should discuss ways in which the controls and practices relate to 
    one another and, when taken as a whole, produce an integrated and 
    consistent approach for preventing or controlling potential storm water 
    contamination problems.
        (a) Good Housekeeping--Good housekeeping requires the maintenance 
    of areas which may contribute pollutants to storm water discharges in a 
    clean, orderly manner.
        (b) Preventive Maintenance--The preventive maintenance program 
    shall schedule periodic inspections and ensure appropriate maintenance 
    of storm water management devices and facility equipment and systems. 
    This program will address conditions that could cause breakdowns or 
    failures resulting in the discharge of pollutants to surface waters. 
    The maintenance program shall include periodic removal of debris from 
    discharge diversions, conveyance systems, and impoundments/ponds. These 
    activities should be conducted in the spring, after snow melt, and 
    during the fall season. Maintenance schedules for sedimentation/
    impoundments must be provided in the pollution prevention plan.
        (c) Spill and Leak Prevention and Response Procedures--Areas where 
    potential spills which can contribute 
    
    [[Page 51186]]
    pollutants to storm water discharges can occur, and their accompanying 
    drainage points shall be identified clearly in the storm water 
    pollution prevention plan. Where appropriate, specifying material 
    handling procedures, storage requirements, and use of equipment such as 
    diversion valves in the plan should be considered. Procedures for 
    cleaning up spills shall be identified in the plan and made available 
    to the appropriate personnel. The necessary equipment to implement a 
    clean up should be available to personnel. After clean up from a spill, 
    absorbents must be promptly placed in containers for proper disposal. 
    All vehicles that are intended to be dismantled must be properly 
    drained of all fluids upon arrival at the site, or as soon as feasible 
    thereafter, or other equivalent means must be taken to prevent leaks or 
    spills of such fluids.
        (d) Inspections--Upon arrival at the site, or as soon as feasible 
    thereafter, vehicles must be inspected for leaks. Any equipment 
    containing oily parts, hydraulic fluids, or any other types of fluids 
    shall be inspected at least quarterly (four times per year) for signs 
    of leaks. Any outdoor storage of fluids including, but not limited to, 
    brake fluid, transmission fluid, radiator water, and antifreeze, must 
    be inspected at least quarterly for leaks. All outdoor liquid storage 
    containers (e.g., tanks, drums) must be inspected at least quarterly 
    for leaks.
        Qualified facility personnel are required to conduct quarterly 
    visual inspections of BMPs. The inspections shall include: (1) An 
    assessment of the integrity of storm water flow diversion and source 
    minimization systems; (2) visual inspections of dismantling areas, 
    vehicle and equipment maintenance areas, vehicle, equipment, and parts 
    cleaning and storage areas, and other potential sources of pollution 
    for evidence of actual or potential pollutant discharges of 
    contaminated storm water.
        Inspections shall be conducted in each of the following periods: 
    January through March; April through June; July through September; and 
    October through December.
        Reports of the quarterly inspections (or more frequent if 
    appropriate) shall be retained as part of the plan. Based on the 
    results of each inspection the plan must be revised as appropriate 
    within 2 weeks after each inspection. Changes in the measures and 
    controls must be implemented on the site in a timely manner, and never 
    more than 12 weeks after completion of the inspection.
        (e) Employee Training--Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management at all levels of responsibility of the 
    components and goals of the storm water pollution prevention plan. The 
    pollution prevention plan shall include a schedule for training. 
    Employee training must, at a minimum, address the following areas when 
    applicable to a facility: proper handling (collection, storage, and 
    disposal) of oil, used mineral spirits, anti-freeze, and solvents; 
    spill prevention and response; fueling procedures; good housekeeping 
    practices; and used battery management.
        (f) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents such as spills, or other discharges, along with other 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. The 
    permittee must describe procedures for developing and retaining records 
    on the status and effectiveness of plan implementation. The plan must 
    address monitoring, and BMP inspection and maintenance activities. 
    Ineffective BMPs must be reported and the date of their corrective 
    action noted.
    
    (g) Non-storm Water Discharges
    
        (i) The plan shall include a certification that the discharge has 
    been tested or evaluated for the presence of non-storm water 
    discharges. The certification shall include the identification of 
    potential significant sources of non-storm water at the site, a 
    description of the results of any test and/or evaluation for the 
    presence of non-storm water discharges, the evaluation criteria or 
    testing method used, the date of any testing and/or evaluation, and the 
    onsite drainage points that were directly observed during the test. 
    Certifications shall be signed in accordance with Part VII.G. of this 
    permit. Such certification may not be feasible if the facility 
    operating the storm water discharge associated with industrial activity 
    does not have access to an outfall, manhole, or other point of access 
    to the ultimate conduit which receives the discharge. In such cases, 
    the source identification section of the storm water pollution 
    prevention plan shall indicate why the certification required by this 
    part was not feasible, along with the identification of potential 
    significant sources of non-storm water at the site. A discharger that 
    is unable to provide the certification required by this paragraph must 
    notify the Director in accordance with Part XI.M.2.b.(3)(g)(iii) 
    (Failure to Certify) of this permit.
        (ii) Except for flows from fire fighting activities, sources of 
    non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
    Discharges) of this permit that are combined with storm water 
    discharges associated with industrial activity must be identified in 
    the plan. The plan shall identify and ensure the implementation of 
    appropriate pollution prevention measures for the non-storm water 
    component(s) of the discharge.
        (iii) Failure to Certify--Any facility that is unable to provide 
    the certification required (testing for non-storm water discharges), 
    must notify the Director by [Insert date 270 days after permit 
    issuance] or, for facilities which begin to discharge storm water 
    associated with industrial activity after [Insert date 270 days after 
    permit issuance], 180 days after submitting an NOI to be covered by 
    this permit. If the failure to certify is caused by the inability to 
    perform adequate tests or evaluations, such notification shall 
    describe: the procedure of any test conducted for the presence of non-
    storm water discharges; the results of such test or other relevant 
    observations; potential sources of non-storm water discharges to the 
    storm sewer; and why adequate tests for such storm sewers were not 
    feasible. Non-storm water discharges to waters of the United States 
    which are not authorized by an NPDES permit are unlawful, and must be 
    terminated.
        (h) Sediment and Erosion Control--The plan shall identify areas 
    which, due to topography, activities, or other factors, have a high 
    potential for significant soil erosion, and identify structural, 
    vegetative, and/or stabilization measures to be used to limit erosion. 
    Permittees must consider measures to maximize stabilization of 
    industrial areas using vegetative cover, gravel, impervious surfaces or 
    other appropriate measures.
        (i) Management of Runoff--The plan shall contain a narrative 
    consideration of the appropriateness of traditional storm water 
    management practices (practices other than those which control the 
    generation or source(s) of pollutants) used to divert, infiltrate, 
    reuse, or otherwise manage storm water runoff in a manner that reduces 
    pollutants in storm water discharges from the site. The plan shall 
    provide measures that the permittee determines to be reasonable and 
    appropriate and shall be implemented and maintained. The potential of 
    various sources at the facility to contribute pollutants to storm water 
    discharges associated with industrial activity (see Part XI.M.2.a.(2) 
    (Description of Potential Pollutant Sources) of this permit) shall be 
    considered when determining reasonable and appropriate measures. 
    Appropriate measures may include: 
    
    [[Page 51187]]
    vegetative swales and practices, reuse of collected storm water (such 
    as for a process or as an irrigation source), inlet controls (such as 
    oil/water separators), snow management activities, infiltration 
    devices, wet detention/retention devices, or other equivalent measures. 
    In addition, the permittee must describe the storm water pollutant 
    source area or activity (e.g., dismantling area, storage area, cleaning 
    operations) to be controlled by each storm water management practice.
        The plan must consider management practices, such as berms or 
    drainage ditches on the property line, that may be used to prevent 
    runon from neighboring properties. Berms must be considered for 
    uncovered outdoor storage of oily parts, engine blocks, and above 
    ground liquid storage. The installation of detention ponds must also be 
    considered. The permittee shall consider the installation of a 
    filtering device to receive runoff from industrial areas. The 
    installation of oil/water separators must also be considered.
        (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
    shall conduct comprehensive site compliance evaluations at appropriate 
    intervals specified in the plan, but in no case less than once a year. 
    The storm water pollution prevention plan must describe the scope and 
    content of comprehensive site evaluations that qualified personnel will 
    conduct to (1) confirm the accuracy of the description of potential 
    pollution sources contained in the plan, (2) determine the 
    effectiveness of the plan, and (3) assess compliance with the terms and 
    conditions of the permit. The individual or individuals who will 
    conduct the evaluations must be identified in the plan and should be 
    members of the pollution prevention team. Such evaluations shall 
    provide:
        (a) Areas contributing to a storm water discharge associated with 
    industrial activity shall be visually inspected for evidence of, or the 
    potential for, pollutants entering the drainage system. Measures to 
    reduce pollutant loadings shall be evaluated to determine whether they 
    are adequate and properly implemented in accordance with the terms of 
    the permit or whether additional control measures are needed. 
    Structural storm water management measures, sediment and erosion 
    control measures, and other structural pollution prevention measures 
    identified in the plan shall be observed to ensure that they are 
    operating correctly. A visual inspection of equipment needed to 
    implement the plan, such as spill response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    Part XI.M.2.a.(2) (Description of Potential Pollutant Sources) of this 
    permit and pollution prevention measures and controls identified in the 
    plan in accordance with paragraph XI.M.2.a.(3) (Measures and Controls) 
    of this permit shall be revised as appropriate within 2 weeks of such 
    evaluation and shall provide for implementation of any changes to the 
    plan in a timely manner, but in no case more than 12 weeks after the 
    evaluation.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan, and actions taken in accordance with 
    paragraph XI.M.2.a.(4)(b) (above) of the permit shall be made and 
    retained as part of the storm water pollution prevention plan for at 
    least 3 years after the date of the evaluation. The report shall 
    identify any incidents of noncompliance. Where a report does not 
    identify any incidents of noncompliance, the report shall contain a 
    certification that the facility is in compliance with the storm water 
    pollution prevention plan and this permit. The report shall be signed 
    in accordance with Part VII.G. (Signatory Requirements) of this permit.
        (d) Where compliance evaluation schedules overlap with inspections 
    required under 3.a.(3)(d), the compliance evaluation may be conducted 
    in place of one such inspection.
    3. Numeric Effluent Limitations
        There are no additional numeric effluent limitations beyond those 
    described in Part V.B of this permit.
    4. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. During the period beginning 
    [insert date 1 year after permit issuance] lasting through [insert date 
    2 years after permit issuance] and the period beginning [insert date 3 
    years after permit issuance] lasting through [insert date 4 years after 
    permit issuance], permittees operating automobile salvage yards must 
    monitor their storm water discharges associated with industrial 
    activity at least quarterly (4 times per year) during years 2 and 4 
    except as provided in paragraphs 4.a.(3) (Sampling Waiver), 4.a.(4) 
    (Representative Discharge), and 4.a.(5) (Alternative Certification). 
    Automobile salvage yards are required to monitor their storm water 
    discharges for the pollutants of concern listed in Table M-1 below. 
    Facilities must report in accordance with 5.b. (Reporting). In addition 
    to the parameters listed in Table M-1 below, the permittee shall 
    provide the date and duration (in hours) of the storm event(s) sampled; 
    rainfall measurements or estimates (in inches) of the storm event that 
    generated the sampled runoff; the duration between the storm event 
    sampled and the end of the previous measurable (greater than 0.1 inch 
    rainfall) storm event; and an estimate of the total volume (in gallons) 
    of the discharge sampled.
    
                       Table M-1.--Monitoring Requirements                  
    ------------------------------------------------------------------------
                                                                 Monitoring 
                                                                  cut-off   
                      Pollutants of concern                    concentration
                                                                   (mg/L)   
    ------------------------------------------------------------------------
    Total Suspended Solids...................................     100       
    Total Recoverable Aluminum...............................       0.75    
    Total Recoverable Iron...................................       1.0     
    Total Recoverable Lead...................................       0.0816  
    ------------------------------------------------------------------------
    
        (1) Monitoring Periods. Automobile salvage yards shall monitor 
    samples collected during the sampling periods of: January through 
    March, April through June, July through September, and October through 
    December for the years specified in paragraph a. (above).
        (2) Sample Type. A minimum of one grab sample shall be taken. All 
    such samples shall be collected from the discharge resulting from a 
    storm event that is greater than 0.1 inches in magnitude and that 
    occurs at least 72 hours from the previously measurable (greater than 
    0.1 inch rainfall) storm event. The required 72-hour storm event 
    interval is waived where the preceding measurable storm event did not 
    result in a measurable discharge from the facility. The required 72-
    hour storm event interval may also be waived where the permittee 
    documents that less than a 72-hour interval is representative for local 
    storm events during the season when sampling is being conducted. The 
    grab sample shall be taken during the first 30 minutes of the 
    discharge. If the collection of a grab sample during the first 30 
    minutes is impracticable, a grab sample can be taken during the first 
    hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable. If storm water discharges associated with 
    industrial activity commingle with process or nonprocess water, then 
    where practicable permittees must attempt to sample the storm water 
    
    [[Page 51188]]
    discharge before it mixes with the non-storm water discharge.
    
    (3) Sampling Waiver
    
        (a) Adverse Conditions--When a discharger is unable to collect 
    samples within a specified sampling period due to adverse climatic 
    conditions, the discharger shall collect a substitute sample from a 
    separate qualifying event in the next period and submit the data along 
    with data for the routine sample in that period. Adverse weather 
    conditions that may prohibit the collection of samples include weather 
    conditions that create dangerous conditions for personnel (such as 
    local flooding, high winds, hurricane, tornadoes, electrical storms, 
    etc.) or otherwise make the collection of a sample impracticable (e.g., 
    drought, extended frozen conditions, etc.).
        (b) Low Concentration Waiver--When the average concentration for a 
    pollutant calculated from all monitoring data collected from an outfall 
    during the monitoring period [insert date 1 year after permit issuance] 
    lasting through [insert date 2 years after permit issuance] is less 
    than the corresponding value for that pollutant listed in Table M-1 
    under the column Monitoring Cut-off Concentration, a facility may waive 
    monitoring and reporting requirements in the monitoring period 
    beginning [insert date 3 years after permit issuance] lasting through 
    [insert date 4 years after permit issuance]. The facility must submit 
    to the Director, in lieu of the monitoring data, a certification that 
    there has not been a significant change in industrial activity or the 
    pollution prevention measures in the area of the facility which drains 
    to the outfall for which sampling was waived.
        (c) When a discharger is unable to conduct quarterly chemical storm 
    water sampling at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirements as long 
    as the facility remains inactive and unstaffed. The facility must 
    submit to the Director, in lieu of monitoring data, a certification 
    statement on the DMR stating that the site is inactive and unstaffed so 
    that collecting a sample during a qualifying event is not possible.
        (4) Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluents. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan. The permittee shall 
    include the description of the location of the outfalls, explanation of 
    why outfalls are expected to discharge substantially identical 
    effluents, and estimate of the size of the drainage area and runoff 
    coefficient with the Discharge Monitoring Report.
        (5) Alternative Certification. A discharger is not subject to the 
    monitoring requirements of this section provided the discharger makes a 
    certification for a given outfall or on a pollutant-by-pollutant basis 
    in lieu of monitoring reports required under b below, under penalty of 
    law, signed in accordance with Part VII.G. (Signatory Requirements), 
    that material handling equipment or activities, raw materials, 
    intermediate products, final products, waste materials, by-products, 
    industrial machinery or operations, or significant materials from past 
    industrial activity, that are located in areas of the facility within 
    the drainage area of the outfall are not presently exposed to storm 
    water and are not expected to be exposed to storm water for the 
    certification period. Such certification must be retained in the storm 
    water pollution prevention plan, and submitted to EPA in accordance 
    with Part VI.C. of this permit. In the case of certifying that a 
    pollutant is not present, the permittee must submit the certification 
    along with the monitoring reports required under paragraph (b) below. 
    If the permittee cannot certify for an entire period, they must submit 
    the date exposure was eliminated and conduct any monitoring required up 
    until that date. This certification option is not applicable to 
    compliance monitoring requirements associated with effluent 
    limitations.
        b. Reporting. Permittees with automobile salvage yards shall submit 
    monitoring results for each outfall associated with industrial activity 
    [or a certification in accordance with Sections (3), (4), or (5) above] 
    obtained during the reporting period beginning [insert date 1 year 
    after permit issuance] lasting through [insert date 2 years after 
    permit issuance] on Discharge Monitoring Report Form(s) postmarked no 
    later than the 31st day of the following March [insert the date 2 years 
    after permit issuance]. Monitoring results (or a certification in 
    accordance with Sections (3), (4), or (5) above] obtained during the 
    period beginning [insert date 3 years after permit issuance] lasting 
    through [insert date 4 years after permit issuance] shall be submitted 
    on Discharge Monitoring Report Form(s) postmarked no later than the 
    31st day of the following March. For each outfall, one signed Discharge 
    Monitoring Report Form must be submitted per storm event sampled. 
    Signed copies of Discharge Monitoring Reports, or said certifications, 
    shall be submitted to the Director of the NPDES program at the address 
    of the appropriate Regional Office listed in Part VI.C. of the fact 
    sheet.
        (1) Additional Notification. In addition to filing copies of 
    discharge monitoring reports in accordance with paragraph b (above), 
    automobile salvage yards with at least one storm water discharge 
    associated with industrial activity through a large or medium municipal 
    separate storm sewer system (systems serving a population of 100,000 or 
    more) must submit signed copies of discharge monitoring reports to the 
    operator of the municipal separate storm sewer system in accordance 
    with the dates provided in paragraph b (above).
        c. Quarterly Visual Examination of Storm Water Quality. All 
    automobile salvage yard facilities shall perform and document a visual 
    examination of a storm water discharge associated with industrial 
    activity from each outfall, except discharges exempted below. The 
    examination(s) must be made at least once in each of the following 3-
    month periods: January through March, April through June, July through 
    September, and October through December. The examination shall be made 
    during daylight hours unless there is insufficient rainfall or snow 
    melt to produce a runoff event.
        (1) Examinations shall be made of samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    1 hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event 
    
    [[Page 51189]]
    that is greater than 0.1 inches in magnitude and that occurs at least 
    72 hours from the previously measurable (greater than 0.1 inch 
    rainfall) storm event. Where practicable, the same individual should 
    carry out the collection and examination of discharges for the entire 
    permit term.
        (2) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (3) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfall(s) provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (4) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examinations. Adverse weather conditions which 
    may prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (e.g., drought, extended 
    frozen conditions, etc.).
        (5) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility remains inactive and unstaffed. The facility must maintain 
    a certification with the pollution prevention plan stating that the 
    site is inactive and unstaffed so that performing visual examinations 
    during a qualifying event is not feasible.
    5. Retention of Records
        The permittee shall retain records of all inspections and 
    monitoring information, including certification reports, noncompliance 
    reports, calibration and maintenance records and all original strip 
    chart recordings for continuous monitoring instrumentation, copies of 
    all reports, and supporting data, requested by the permitting authority 
    for at least 3 years after the date of the inspection or monitoring 
    event.
    
    N. Storm Water Discharges Associated With Industrial Activity From 
    Scrap Recycling and Waste Recycling Facilities
    
    1. Discharges Covered Under This Section
        The requirements listed under this section are applicable to storm 
    water discharges from the following activities: facilities that are 
    engaged in the processing, reclaiming and wholesale distribution of 
    scrap and waste materials such as ferrous and nonferrous metals, paper, 
    plastic, cardboard, glass, animal hides (these types of activities are 
    typically identified as SIC code 5093). Facilities that are engaged in 
    reclaiming and recycling liquid wastes such as used oil, antifreeze, 
    mineral spirits, and industrial solvents (also identified as SIC code 
    5093) are also covered under this section. Separate permit requirements 
    have been established for recycling facilities that only receive 
    source-separated recyclable materials primarily from non-industrial and 
    residential sources (also identified as SIC 5093) (e.g., common 
    consumer products including paper, newspaper, glass, cardboard, plastic 
    containers, aluminum and tin cans). This includes recycling facilities 
    commonly referred to as material recovery facilities (MRF).
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
    2. Special Conditions
    
    a. Prohibition of Non-storm Water Discharges
    
        (1) Except as provided in paragraph XI.N.2.b., all discharges 
    covered by this permit shall be composed entirely of storm water. Non 
    storm water discharges from turnings containment areas are not covered 
    under this permit.
        (a) Except as provided in paragraph XI.N.2.b. (below), discharges 
    of material other than storm water to waters of the United States, or 
    through municipal separate storm sewer systems, are not authorized by 
    this permit. The operators of such discharges must obtain coverage 
    under a separate National Pollutant Discharge Elimination System 
    (NPDES) permit (other than this permit) issued for the discharge.
        (b) The following non-storm water discharges are authorized by this 
    permit provided the non-storm water component of the discharge is in 
    compliance with paragraph XI.N.3.a.(3) (Measures and Controls for Storm 
    Water Discharges): discharges from fire fighting activities; fire 
    hydrant flushing; potable water sources including waterline flushings; 
    irrigation drainage; lawn watering; routine external building washdown 
    which does not use detergents or other compounds; pavement washwaters 
    where spills or leaks of toxic or hazardous materials have not occurred 
    (unless all spilled materials have been removed) and where detergents 
    are not used; air conditioning condensate; springs; and uncontaminated 
    ground water.
    3. Storm Water Pollution Prevention Plan Requirements
        a. Contents of Plan. The following general requirements for the 
    storm water pollution prevention plan are applicable to activities 
    which reclaim and recycle either recyclable nonliquid and liquid waste 
    materials. In addition to the general requirements, Paragraph 
    XI.N.3.a.(3)(a) (below) identifies special requirements for scrap 
    recycling and waste recycling facilities (nonsource-separated 
    facilities) that handle nonliquid wastes. Paragraph XI.N.3.a.(3)(b) 
    (below) identifies special 
    
    [[Page 51190]]
    requirements for waste recycling facilities that handle only liquid 
    wastes. Paragraph XI.N.3.a.(3)(c) identifies special requirements for 
    recycling facilities, including MRFs, that receive only source-
    separated recyclable materials primarily from non-industrial and 
    residential sources. The plan shall include, at a minimum, the 
    following items:
        (1) Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team that are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility or plant manager in its implementation, maintenance, and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        (2) Description of Potential Pollutant Sources. Each plan shall 
    provide a description of potential sources which may reasonably be 
    expected to add significant amounts of pollutants to storm water 
    discharges or which may result in the discharge of pollutants during 
    dry weather from separate storm sewers draining the facility. Each plan 
    shall identify all activities and significant materials which may 
    potentially be significant pollutant sources or, during periods of dry 
    weather, result in dry weather flows. Each plan shall include, at a 
    minimum:
    
    (a) Drainage
    
        (i) A site map indicating the outfall locations and the types of 
    discharges contained in the drainage areas of the outfalls, an outline 
    of the portions of the drainage area of each storm water outfall that 
    are within the facility boundaries, each existing structural control 
    measure to reduce pollutants in storm water runoff, surface water 
    bodies (including wetlands), locations where significant materials are 
    exposed to precipitation including scrap and waste material storage and 
    outdoor scrap and waste processing equipment, locations where major 
    spills or leaks identified in paragraph XI.N.3.a.(2)(c) of this section 
    have occurred, and the locations of the following activities where such 
    activities are exposed to precipitation: fueling stations, vehicle and 
    equipment maintenance and/or cleaning areas, loading/unloading areas, 
    locations used for the treatment, storage or disposal of wastes, 
    material storage (including tanks or other vessels used for liquid or 
    waste storage). Scrap recycling facilities that handle turnings that 
    have been previously exposed to cutting fluids will delineate these 
    containment areas as required in paragraph XI.N.3.a.(iii). The site map 
    must also identify monitoring locations.
        (ii) For each area of the facility that generates storm water 
    discharges associated with industrial activity with a reasonable 
    potential for containing significant amounts of pollutants, a 
    prediction of the direction of flow, and an identification of the types 
    of pollutants which are likely to be present in storm water discharges 
    associated with industrial activity. Factors to consider include the 
    toxicity of a chemical; quantity of chemicals used, produced or 
    discharged; the likelihood of contact with storm water; and history of 
    significant leaks or spills of toxic or hazardous pollutants. Flows 
    with a significant potential for causing erosion shall be identified.
        (b) Inventory of Exposed Materials--An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation. Such inventory shall include a narrative description of 
    significant materials that have been handled, treated, stored or 
    disposed in a manner to allow exposure to storm water; method and 
    location of onsite storage or disposal; materials management practices 
    employed to minimize contact of materials with storm water runoff; the 
    location and a description of existing structural and nonstructural 
    control measures to reduce pollutants in storm water runoff; and a 
    description of any treatment the storm water receives.
        (c) Spills and Leaks--A list of significant spills and leaks of 
    toxic or hazardous pollutants that occurred at areas that are exposed 
    to precipitation or that otherwise drain to a storm water conveyance at 
    the facility after the date of 3 years prior to the date of the 
    submission of a Notice of Intent (NOI) to be covered under this permit. 
    Significant spills include, but are not limited to, releases of oil or 
    hazardous substances in excess of quantities that are reportable under 
    Section 311 of the Clean Water Act (CWA) (see 40 CFR 110.10 and 117.21) 
    or Section 102 of the Comprehensive Environmental Response, 
    Compensation and Liability Act (CERCLA) (see 40 CFR 302.4). Such a list 
    shall be updated as appropriate during the term of the permit.
        (d) Sampling Data--A summary of existing discharge sampling data 
    describing pollutants in storm water discharges from the facility, 
    including a summary of sampling data collected during the term of this 
    permit.
        (e) Risk Identification and Summary of Potential Pollutant 
    Sources--A narrative description of potential pollutant sources from 
    the following activities: loading and unloading operations; outdoor 
    storage activities, outdoor processing activities; significant dust or 
    particulate generating processes and onsite waste disposal practices. 
    The description shall specifically list any significant potential 
    source of pollutants at the site and for each potential source, any 
    pollutant or pollutant parameter (e.g., Chemical Oxygen Demand (COD), 
    oil and grease, Total Suspended Solids (TSS), zinc, lead, copper, etc.) 
    of concern shall be identified.
        (3) Measures and Controls. Each facility covered by this permit 
    shall develop a description of storm water management controls 
    appropriate for the facility, and implement such controls. The 
    appropriateness and priorities of controls in a plan shall reflect 
    identified potential sources of pollutants at the facility. The 
    description of storm water management controls for scrap recycling and 
    waste recycling facilities (nonsource-separated, nonliquid recyclable 
    materials), waste recycling facilities (recyclable liquid wastes), and 
    recycling facilities (source-separated materials) are identified in 
    Parts XI.N.3.a.(3)(a), XI.N.3.a.(3)(b), and XI.N.3.a.(3)(c), 
    respectively. At a minimum, the description shall also include a 
    schedule for implementing such controls:
        (a) Scrap and Waste Recycling Facilities (nonsource-separated, 
    nonliquid recyclable wastes)--The following special conditions have 
    been established for the pollution prevention plan for those scrap and 
    waste recycling facilities that receive, process and provide wholesale 
    distribution of nonliquid recyclable wastes, (e.g., ferrous and 
    nonferrous metals, plastics, glass, cardboard, and paper). This section 
    of the permit is intended to distinguish waste recycling facilities 
    that receive both nonrecyclable and recyclable materials from those 
    recycling facilities that only accept recyclable materials primarily 
    from non-industrial and residential sources. Under the description of 
    measures and controls in the storm water pollution prevention plan, the 
    plan will address all areas that have a reasonable potential to 
    contribute pollutants to storm water discharges and will be maintained 
    in a clean and orderly manner. At a minimum, the plan will address the 
    following activities and areas within the plan:
        (i) Inbound Recyclable and Waste Material Control Program--The plan 
    shall include a recyclable and waste material inspection program to 
    
    [[Page 51191]]
    minimize the likelihood of receiving materials that may be significant 
    pollutant sources to storm water discharges. At a minimum, the plan 
    shall address the following:
        (a) Provision of information/education (flyers, brochures and 
    pamphlets) to encourage suppliers of scrap and recyclable waste 
    materials to drain residual fluids, whenever applicable, prior to its 
    arrival at the facility. This includes vehicles and equipment engines, 
    radiators, and transmissions, oil-filled transformers, and individual 
    containers or drums;
        (b) Activities which accept scrap and materials that may contain 
    residual fluids, e.g., automotive engines containing used oil, 
    transmission fluids, etc., shall describe procedures to minimize the 
    potential for these fluids from coming in contact with either 
    precipitation or runoff. The description shall also identify measures 
    or procedures to properly store, handle and dispose of these residual 
    fluids;
        (c) Procedures pertaining to the acceptance of scrap lead-acid 
    batteries. Additional requirements for the handling, storage and 
    disposal or recycling of batteries shall be in conformance with 
    conditions for a scrap lead-acid battery program, see paragraph 
    XI.N.3.a.(3)(a)(vi) (below);
        (d) A description of training requirements for those personnel 
    engaged in the inspection and acceptance of inbound recyclable 
    materials.
        (e) Liquid wastes, including used oil, shall be stored in 
    materially compatible and nonleaking containers and disposed or 
    recycled in accordance with all requirements under the Resource 
    Recovery and Conservation Act (RCRA), and other State or local 
    requirements.
        (ii) Scrap and Waste Material Stockpiles/Storage (outdoors)--The 
    plan shall address areas where significant materials are exposed to 
    either storm water runoff or precipitation. The plan must describe 
    those measures and controls used to minimize contact of storm water 
    runoff with stockpiled materials, processed materials and nonrecyclable 
    wastes. The plan should include measures to minimize the extent of 
    storm water contamination from these areas. The operator may consider 
    the use of permanent or semipermanent covers, or other similar forms of 
    protection over stockpiled materials where the operator determines that 
    such measures are reasonable and appropriate. The operator may consider 
    the use of sediment traps, vegetated swales and strips, to facilitate 
    settling or filtering out of pollutants. The operator shall consider 
    within the plan the use of the following BMPs (either individually or 
    in combination) or their equivalent to minimize contact with storm 
    water runoff:
        (a) Promoting the diversion of runoff away from these areas through 
    such practices as dikes, berms, containment trenches, culverts and/or 
    surface grading;
        (b) Media filtration such as catch basin filters and sand filters; 
    and,
        (c) Silt fencing; and,
        (d) Oil/water separators, sumps and dry adsorbents in stockpile 
    areas that are potential sources of residual fluids, e.g., automotive 
    engine storage areas.
        (iii) Stockpiling of Turnings Previously Exposed to Cutting Fluids 
    (outdoors)--The plan shall address all areas where stockpiling of 
    industrial turnings previously exposed to cutting fluids occurs. The 
    plan shall implement those measures necessary to minimize contact of 
    surface runoff with residual cutting fluids. The operator shall 
    consider implementation of either of the following two alternatives or 
    a combination of both or equivalent measures:
        (a) Alternative 1: Storage of all turnings previously exposed to 
    cutting fluids under some form of permanent or semi-permanent cover. 
    Discharges of residual fluids from these areas to the storm sewer 
    system in the absence of a storm event is prohibited. Discharges to the 
    storm sewer system as a consequence of a storm event is permitted 
    provided the discharge is first directed through an oil/water separator 
    or its equivalent. Procedures to collect, handle, and dispose or 
    recycle residual fluids that may be present shall be identified in the 
    plan, or,
        (b) Alternative 2: Establish dedicated containment areas for all 
    turnings that have been exposed to cutting fluids where runoff from 
    these areas is directed to a storm sewer system, providing the 
    following:
        (i) containment areas constructed of either concrete, asphalt or 
    other equivalent type of impermeable material;
        (ii) a perimeter around containment areas to prevent runoff from 
    moving across these areas. This would include the use of shallow berms, 
    curbing, or constructing an elevated pad or other equivalent measure;
        (iii) a suitable drainage collection system to collect all runoff 
    generated from within containment areas. At a minimum, the drainage 
    system shall include a plate-type oil/water separator or its 
    equivalent. The oil/water separator or its equivalent shall be 
    installed according to the manufacturer's recommended specifications, 
    whenever available, specifications will be kept with the plan.
        (iv) a schedule to maintain the oil/water separator (or its 
    equivalent) to prevent the accumulation of appreciable amounts of 
    fluids. In the absence of a storm event, no discharge from containment 
    areas to the storm sewer system are prohibited unless covered by a 
    separate NPDES permit;
        (v) identify procedures for the proper disposal or recycling of 
    collected residual fluids.
        (iv) Scrap and Waste Material Stockpiles/Storage (covered or indoor 
    storage)--The plan shall address measures and controls to minimize 
    residual liquids and accumulated particulate matter, originating from 
    scrap and recyclable waste materials stored indoors or under cover, 
    from coming in contact with surface runoff. The operator shall consider 
    including in the plan the following or equivalent measures:
        (a) Good housekeeping measures, including the use of dry absorbent 
    or wet vacuum clean up methods, to collect, handle, store and dispose 
    or recycle residual liquids originating from recyclable containers, 
    e.g., beverage containers, paint cans, household cleaning products 
    containers, etc.;
        (b) Prohibiting the practice of allowing washwater from tipping 
    floors or other processing areas from discharging to any portion of a 
    storm sewer system;
        (c) Disconnecting or sealing off all existing floor drains 
    connected to any portion of the storm sewer system.
        (v) Scrap and Recyclable Waste Processing Areas--The plan shall 
    address areas where scrap and waste processing equipment are sited. 
    This includes measures and controls to minimize surface runoff from 
    coming in contact with scrap processing equipment. In the case of 
    processing equipment that generate visible amounts of particulate 
    residue, e.g., shredding facilities, the plan shall describe good 
    housekeeping and preventive maintenance measures to minimize contact of 
    runoff with residual fluids and accumulated particulate matter. At a 
    minimum, the operator shall consider including in the plan the 
    following or other equivalent measures:
        (a) A schedule of periodic inspections of equipment for leaks, 
    spills, malfunctioning, worn or corroded parts or equipment;
        (b) Preventive maintenance program to repair and/or maintain 
    processing equipment;
    
    [[Page 51192]]
    
        (c) Measures to minimize shredder fluff from coming in contact with 
    surface runoff;
        (d) Use of dry-absorbents or other cleanup practices to collect and 
    to dispose or recycle spilled or leaking fluids;
        (e) Installation of low-level alarms or other equivalent protection 
    devices on unattended hydraulic reservoirs over 150 gallons in 
    capacity. Alternatively, provide secondary containment with sufficient 
    volume to contain the entire volume of the reservoir.
        The operator shall consider employing the following additional BMPs 
    or equivalent measures: diversion structures such as dikes, berms, 
    culverts, containment trenches, elevated concrete pads, grading to 
    minimize contact of storm water runoff with outdoor processing 
    equipment; oil/water separators, sumps or equivalent, in processing 
    areas that are potential sources of residual fluids and grease; 
    permanent or semipermanent covers, or other similar measures; retention 
    and detention basins or ponds, sediment traps or vegetated swales and 
    strips, to facilitate settling or filtering out of pollutants in runoff 
    from processing areas; or media filtration such as catch basin filters 
    and sand filters.
        (vi) Scrap Lead-Acid Battery Program--The plan shall address 
    measures and controls for the proper handling, storage and disposition 
    of scrap lead-acid batteries (note. this permit does apply to the 
    reclaiming of scrap lead-acid batteries, i.e., breaking up battery 
    casings to recover lead). The operator shall consider including in the 
    plan the following or equivalent measures:
        (a) Segregating all scrap lead-acid batteries from other scrap 
    materials;
        (b) A description of procedures and/or measures for the handling, 
    storage and proper disposal of cracked or broken batteries;
        (c) A description of measures to collect and dispose of leaking 
    battery fluid (lead-acid);
        (d) A description of measures to minimize and, whenever possible, 
    eliminate exposure of scrap lead-acid batteries to precipitation or 
    runoff; and
        (e) A description of employee training for the management of scrap 
    batteries.
        (vii) Erosion and Sediment Control--The plan shall identify all 
    areas associated with industrial activity that have a high potential 
    for soil erosion and suspended solids loadings, i.e., areas that tend 
    to accumulate significant particulate matter. Appropriate source 
    control, stabilization measures, nonstructural, structural controls or 
    an equivalent shall be provided in these areas. The plan shall also 
    contain a narrative discussion of the reason(s) for selected erosion 
    and sediment controls. At a minimum, the operator shall consider in the 
    plan, either individually or in combination, the following erosion and 
    sediment control measures:
        (a) Filtering or diversion practices, such as filter fabric fence, 
    sediment filter boom, earthen or gravel berms, curbing or other 
    equivalent measure,
        (b) Catch basin filters, filter fabric fence, or equivalent 
    measure, place in or around inlets or catch basins that receive runoff 
    from scrap and waste storage areas, and processing equipment; or
        (c) Sediment traps, vegetative buffer strips, or equivalent, to 
    remove sediment prior to discharge through an inlet or catch basin.
        (viii) Structural Controls for Sediment and Erosion Control--In 
    instances where significant erosion and suspended solids loadings 
    continue after installation of one or more of the BMPs identified in 
    paragraph XI.N.3.a.(3)(a)(vii) (above), the operator shall consider 
    providing in the plan for a detention or retention basin or other 
    equivalent structural control. All structural controls shall be 
    designed using good engineering practice. All structural controls and 
    outlets that are likely to receive discharges containing oil and grease 
    must include appropriate measures to minimize the discharge of oil and 
    grease through the outlet. This may include the use of an absorbent 
    boom or other equivalent measures.
        Where space limitations (e.g., obstructions caused by permanent 
    structures such as buildings and permanently-sited processing equipment 
    and limitations caused by a restrictive property boundary) prevent the 
    siting of a structural control, i.e., retention basin, such a 
    determination will be noted in the plan. The operator will identify in 
    the plan what existing practices shall be modified or additional 
    measures shall be undertaken to minimize erosion and suspended sediment 
    loadings in lieu of a structural BMP.
        (ix) Spill Prevention and Response Procedures--To prevent or 
    minimize storm water contamination at loading and unloading areas, and 
    from equipment or container failures, the operator shall consider 
    including in the plan the following practices:
        (a) Description of spill prevention and response measures to 
    address areas that are potential sources of leaks or spills of fluids;
        (b) Leaks and spills should be contained and cleaned up as soon as 
    possible. If malfunctioning equipment is responsible for the spill or 
    leak, repairs should also be conducted as soon as possible;
        (c) Cleanup procedures should be identified in the plan, including 
    the use of dry absorbent materials or other cleanup methods. Where dry 
    absorbent cleanup methods are used, an adequate supply of dry absorbent 
    material should be maintained onsite. Used absorbent material should be 
    disposed of properly;
        (d) Drums containing liquids, including oil and lubricants, should 
    be stored indoors; or in a bermed area; or in overpack containers or 
    spill pallets; or in similar containment devices;
        (e) Overfill prevention devices should be installed on all fuel 
    pumps or tanks;
        (f) Drip pans or equivalent measures should be placed under any 
    leaking piece of stationary equipment until the leak is repaired. The 
    drip pans should be inspected for leaks and checked for potential 
    overflow and emptied regularly to prevent overflow and all liquids will 
    be disposed of in accordance with all requirements under RCRA.
        (g) An alarm and/or pump shut off system should be installed and 
    maintained on all outside equipment with hydraulic reservoirs exceeding 
    150 gallons (only those reservoirs not directly visible by the operator 
    of the equipment) in order to prevent draining the tank contents in the 
    event of a line break. Alternatively, the equipment may have a 
    secondary containment system capable of containing the contents of the 
    hydraulic reservoir plus adequate freeboard for precipitation. Leaking 
    hydraulic fluids should be disposed of in accordance with all 
    requirements under RCRA.
        (x) Quarterly Inspection Program--A quarterly inspection shall 
    include all designated areas of the facility and equipment identified 
    in the plan. The inspection shall include a means of tracking and 
    conducting follow up actions based on the results of the inspection. 
    The inspections shall be conducted by members of the Storm Water 
    Pollution Prevention team. At a minimum, quarterly inspections shall 
    include the following areas: all outdoor scrap processing areas; all 
    material unloading and loading areas (including rail sidings) that are 
    exposed to either precipitation or storm water runoff; areas where 
    structural BMPs have been installed; all erosion and sediment BMPs; 
    outdoor vehicle and equipment maintenance areas; vehicle and equipment 
    fueling areas; and all areas where waste is generated, received, 
    stored, treated, or disposed and which are exposed to either 
    precipitation or storm water runoff. 
    
    [[Page 51193]]
    
        The objective of the inspection shall be identify any corroded or 
    leaking containers, corroded or leaking pipes, leaking or improperly 
    closed valves and valve fittings, leaking pumps and/or hose 
    connections, and deterioration in diversionary or containment 
    structures that are exposed to precipitation or storm water runoff.
        Spills or leaks identified during the visual inspection shall be 
    immediately addressed using the procedures identified in Part 
    XI.N.3.a.(3)(a)(ix) (Spill Prevention and Response Procedures). 
    Structural BMPs shall be visually inspected for signs of washout, 
    breakage, deterioration, damage, or overflowing and breaks shall be 
    repaired or replaced as expeditiously as possible.
        (xi) Employee Training--At a minimum, storm water control training 
    appropriate to their job function shall be provided for truck drivers, 
    scale operators, supervisors, buyers and other operating personnel. The 
    plan shall include a proposed schedule for the training. The employee 
    training program shall address at a minimum: BMPs and other 
    requirements of the plan; proper scrap inspection, handling and storage 
    procedures; procedures to follow in the event of a spill, leak, or 
    break in any structural BMP. A training and education program shall be 
    developed for employees and for suppliers for implementing appropriate 
    activities identified in the storm water pollution prevention plan.
        (xii) Supplier Notification--The plan shall include a supplier 
    notification program that will be applicable to major suppliers and 
    shall include: description of scrap materials that will not be accepted 
    at the facility or that are accepted only under certain conditions.
        (b) Waste Recycling Facilities (liquid recyclable wastes)--The 
    following special conditions have been established for the pollution 
    prevention plan for those facilities that reclaim and recycle liquid 
    wastes (e.g., used oil, antifreeze, mineral spirits, and industrial 
    solvents). For these facilities, the storm water pollution prevention 
    plan shall address all areas that have a reasonable potential to 
    contribute pollutants to storm water discharges and will be maintained 
    in a clean and orderly manner. At a minimum, the plan shall address the 
    following activities and areas within the plan:
        (i) Waste Material Storage (indoors)--The plan shall address 
    measures and controls to minimize/eliminate residual liquids from waste 
    materials stored indoors from coming in contact with surface runoff. 
    The plan may refer to applicable portions of other existing plans such 
    as SPCC plans required under 40 CFR Part 112. At a minimum, the 
    operator shall consider including in the plan the following:
        (a) Procedures for material handling (including labeling and 
    marking);
        (b) A sufficient supply of dry-absorbent materials or a wet vacuum 
    system to collect spilled or leaked materials;
        (c) An appropriate containment structure, such as trenches, 
    curbing, gutters or other equivalent measures; and
        (d) A drainage system to handle discharges from diked or bermed 
    areas. The drainage system should include appurtenances, (e.g., pumps 
    or ejectors, manually operated valves). Drainage should be discharged 
    to an appropriate treatment facility, sanitary sewer system, or 
    otherwise disposed of properly. Discharges from these areas should be 
    covered by a separate NPDES permit or industrial user permit under the 
    pretreatment program.
        (ii) Waste Material Storage (outdoors)--The plan shall address 
    areas where waste materials are exposed to either storm water runoff or 
    precipitation. The plan shall include measures to provide appropriate 
    containment, drainage control and other appropriate diversionary 
    structures. The plan may refer to applicable portions of other existing 
    plans such as SPCC plans required under 40 CFR Part 112. At a minimum, 
    the plan shall describe those measures and controls used to minimize 
    contact of storm water runoff with stored materials. The operator shall 
    consider including in the plan the following preventative measures, or 
    an equivalent:
        (a) An appropriate containment structure such as dikes, berms, 
    curbing or pits, or other equivalent measures. The containment should 
    be sufficient to store the volume of the largest single tank and should 
    include sufficient freeboard for precipitation;
        (b) A sufficient supply of dry-absorbent materials or a wet vacuum 
    system, or other equivalent measure, to collect liquids from minor 
    spills and leaks in contained areas; and
        (c) Discharges of precipitation from containment areas containing 
    used oil shall be in accordance with applicable sections of 40 CFR Part 
    112.
        (iii) Truck and Rail Car Waste Transfer Areas--The plan shall 
    describe measures and controls for truck and rail car loading and 
    unloading areas. This includes appropriate containment and diversionary 
    structures to minimize contact with precipitation or storm water 
    runoff. The plan shall also address measures to clean up minor spills 
    and/or leaks originating from the transfer of liquid wastes. This may 
    include the use of dry-clean up methods, roof coverings, runoff 
    controls, or other equivalent measures.
        (iv) Erosion and Sediment Control--The plan shall identify all 
    areas associated with industrial activity that have a high potential 
    for soil erosion. Appropriate stabilization measures, nonstructural and 
    structural controls shall be provided in these areas. The plan shall 
    contain a narrative consideration of the appropriateness for selected 
    erosion and sediment controls. Where applicable, the facility shall 
    consider the use of the following types of preventive measures: 
    sediment traps; vegetative buffer strips; filter fabric fence; sediment 
    filtering boom; gravel outlet protection; or other equivalent measures 
    that effectively trap or remove sediment prior to discharge through an 
    inlet or catch basin.
        (v) Spill Prevention and Response Procedures--The plan shall 
    address measures and procedures to address potential spill scenarios 
    that could occur at the facility. This includes all applicable handling 
    and storage procedures, containment and/or diversion equipment, and 
    clean-up procedures. The plan shall specifically address all outdoor 
    and indoor storage areas, waste transfer areas, material receiving 
    areas (loading and unloading), and waste disposal areas.
        (vi) Quarterly Inspections--Quarterly visual inspections shall be 
    conducted by a member, or members, of the storm water pollution 
    prevention team. The quarterly inspection shall include all designated 
    areas of the facility and equipment identified in the plan. The 
    inspection shall include a means of tracking and conducting follow up 
    actions based on the results of the inspection. At a minimum, the 
    inspections shall include the following areas: material storage areas; 
    material unloading and loading areas (including rail sidings) that are 
    exposed to either precipitation or storm water runoff; areas where 
    structural BMPs have been installed; all erosion and sediment BMPs; 
    outdoor vehicle and equipment maintenance areas (if applicable); 
    vehicle and equipment fueling areas (if applicable); and all areas 
    where waste is generated, received, stored, treated, or disposed and 
    which are exposed to either precipitation or storm water runoff.
        The inspection shall identify the presence of any corroded or 
    leaking containers, corroded or leaking pipes, leaking or improperly 
    closed valves and valve fittings, leaking pumps and/or hose 
    connections, and deterioration in diversionary or containment 
    structures 
    
    [[Page 51194]]
    that are exposed to precipitation or storm water runoff. Spills or 
    leaks shall be immediately addressed according to the facility's spill 
    prevention and response procedures.
        (c) Recycling Facilities (source separated materials)--The 
    following special conditions have been established for the pollution 
    prevention plan for recycling facilities, including MRFs, that receive 
    only source-separated recyclable materials primarily from non-
    industrial and residential sources.
        (i) Inbound Recyclable Material Control Program. The plan shall 
    include a recyclable material inspection program to minimize the 
    likelihood of receiving non-recyclable materials (e.g., hazardous 
    materials) that may be a significant source of pollutants in surface 
    runoff. At a minimum, the operator shall consider addressing in the 
    plan the following:
        (a) A description of information and education measures to educate 
    the appropriate suppliers of recyclable materials on the types of 
    recyclable materials that are acceptable and those that are not 
    acceptable, e.g., household hazardous wastes;
        (b) A description of training requirements for drivers responsible 
    for pickup of recyclable materials;
        (c) Clearly mark public drop-off containers as to what materials 
    can be accepted;
        (d) Rejecting non-recyclable wastes or household hazardous wastes 
    at the source; and
        (e) A description of procedures for the handling and disposal of 
    non-recyclable materials.
        (ii) Outdoor Storage. The plan shall include BMPs to minimize or 
    reduce the exposure of recyclable materials to surface runoff and 
    precipitation. The plan, at a minimum, shall include good housekeeping 
    measures to prevent the accumulation of visible quantities of residual 
    particulate matter and fluids, particularly in high traffic areas. The 
    plan shall consider tarpaulins or their equivalent to be used to cover 
    exposed bales of recyclable waste paper. The operator shall consider 
    within the plan the use of the following types of BMPs (individually or 
    in combination) or their equivalent, where practicable:
        (a) Provide totally-enclosed drop-off containers for public.
        (b) Provide a sump and sump pump with each containment pit. 
    Discharge collected fluids to sanitary sewer system. Prevent 
    discharging to the storm sewer system;
        (c) Provide dikes and curbs for secondary containment, i.e., around 
    bales of recyclable waste paper;
        (d) Divert surface runoff away from outside material storage areas; 
    and/or
        (e) Provide covers over containment bins, dumpsters, roll-off 
    boxes; and,
        (f) Store the equivalent one day's volume of recyclable materials 
    indoors.
        (iii) Indoor Storage and Material Processing. The plan shall 
    address BMPs to minimize the release of pollutants from indoor storage 
    and processing areas to the storm sewer system. The plan shall 
    establish specific measures to ensure that all floor drains do not 
    discharge to the storm sewer system. The following BMPs shall be 
    considered for inclusion in the plan:
        (a) Schedule routine good housekeeping measures for all storage and 
    processing areas;
        (b) Prohibit a practice of allowing tipping floor washwaters from 
    draining to any portion of the storm sewer system;
        (c) Provide employee training on pollution prevention practices.
        (iv) Vehicle and Equipment Maintenance. The plan shall also provide 
    for BMPs in those areas where vehicle and equipment maintenance is 
    occurring outdoors. At a minimum, the following BMPs or equivalent 
    measures shall be considered for inclusion in the plan:
        (a) Prohibit vehicle and equipment washwater from discharging to 
    the storm sewer system;
        (b) Minimize or eliminate outdoor maintenance areas, wherever 
    possible;
        (c) Establish spill prevention and clean-up procedures in fueling 
    areas;
        (d) Provide employee training on avoiding topping off fuel tanks;
        (e) Divert runoff from fueling areas;
        (f) Store lubricants and hydraulic fluids indoors;
        (g) Provide employee training on proper, handling, storage of 
    hydraulic fluids and lubricants.
        (d) Recordkeeping and Internal Reporting Procedures--The following 
    record and internal reporting procedures are applicable to all 
    discharges seeking coverage under this permit. The plan shall include a 
    description of incidents (such as spills, or other discharges), along 
    with other information describing the quality and quantity of storm 
    water discharges. Inspections and maintenance activities shall be 
    documented and records of such activities shall be incorporated into 
    the plan. The plan must address spills, monitoring, and BMP inspection 
    and maintenance activities. BMPs which are ineffective must be reported 
    and the date of their corrective action noted. Employees must report 
    incidents of leaking fluids to facility management and these reports 
    must be incorporated into the plan.
    
    (e) Non-storm Water Discharges
    
        (i) The plan shall include a certification that the discharge has 
    been tested or evaluated for the presence of non-storm water 
    discharges. The certification shall include the identification of 
    potential significant sources of non-storm water at the site, a 
    description of the results of any test and/or evaluation for the 
    presence of non-storm water discharges, the evaluation criteria or 
    testing method used, the date of any testing and/or evaluation, and the 
    onsite drainage points that were directly observed during the test. 
    Certifications shall be signed in accordance with Part VII.G. of this 
    permit. Such certification may not be feasible if the facility 
    operating the storm water discharge associated with industrial activity 
    does not have access to an outfall, manhole, or other point of access 
    to the ultimate conduit which receives the discharge. In such cases, 
    the source identification section of the storm water pollution 
    prevention plan shall indicate why the certification required by this 
    part was not feasible, along with the identification of potential 
    significant sources of non-storm water at the site. A discharger that 
    is unable to provide the certification required by this paragraph must 
    notify the Director in accordance with paragraph XI.N.3.a.(3)(d)(iii) 
    (below).
        (ii) Except for flows from fire fighting activities, sources of 
    non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
    Discharges) of this permit that are combined with storm water 
    discharges associated with industrial activity must be identified in 
    the plan. The plan shall identify and ensure the implementation of 
    appropriate pollution prevention measures for the non-storm water 
    component(s) of the discharge.
        (iii) Failure to Certify--Any facility that is unable to provide 
    the certification required (testing for non-storm water discharges), 
    must notify the Director [Insert date 270 days after permit issuance] 
    or, for facilities which begin to discharge storm water associated with 
    industrial activity after [Insert date 270 days after permit issuance], 
    180 days after submitting an NOI to be covered by this permit. If the 
    failure to certify is caused by the inability to perform adequate tests 
    or evaluations, such notification shall describe: the procedure of any 
    test conducted for the presence of non-storm water discharges; the 
    results of such test or other relevant observations; potential sources 
    of non-storm water discharges to the storm sewer; and why adequate 
    
    [[Page 51195]]
    tests for such storm sewers were not feasible. Non-storm water 
    discharges to waters of the United States which are not authorized by 
    an NPDES permit are unlawful, and must be terminated.
        (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
    shall conduct site compliance evaluations at appropriate intervals 
    specified in the plan, but in no case less than once a year. Such 
    evaluations shall provide:
        (a) Areas contributing to a storm water discharge associated with 
    industrial activity shall be visually inspected for evidence of, or the 
    potential for, pollutants entering the drainage system. Measures to 
    reduce pollutant loadings shall be evaluated to determine whether they 
    are adequate and properly implemented in accordance with the terms of 
    the permit or whether additional control measures are needed. 
    Structural storm water management measures, sediment and erosion 
    control measures, and other structural pollution prevention measures 
    identified in the plan shall be observed to ensure that they are 
    operating correctly. A visual inspection of equipment needed to 
    implement the plan, such as spill response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    paragraph XI.N.3.a.(2) of this section (Description of Potential 
    Pollutant Sources) and pollution prevention measures and controls 
    identified in the plan in accordance with paragraph XI.N.3.a.(3) of 
    this section (Measures and Controls) shall be revised as appropriate 
    within 2 weeks of such evaluation and shall provide for implementation 
    of any changes to the plan in a timely manner, but in no case more than 
    12 weeks after the evaluation.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan, and actions taken in accordance with 
    paragraph XI.N.3.a.(4)(b) (above) of the permit shall be made and 
    retained as part of the storm water pollution prevention plan for at 
    least 3 years after the date of the evaluation. The report shall 
    identify any incidents of noncompliance. Where a report does not 
    identify any incidents of noncompliance, the report shall contain a 
    certification that the facility is in compliance with the storm water 
    pollution prevention plan and this permit. The report shall be signed 
    in accordance with Part VII.G. (Signatory Requirements) of this permit.
        (d) The storm water pollution prevention plan must describe the 
    scope and content of comprehensive site evaluations that qualified 
    personnel shall conduct to (1) confirm the accuracy of the description 
    of potential pollution sources contained in the plan, (2) determine the 
    effectiveness of the plan, and (3) assess compliance with the terms and 
    conditions of the permit. The individual or individuals who shall 
    conduct the evaluation must be identified in the plan and should be 
    members of the pollution prevention team.
    4. Numeric Effluent Limitations
        There are no additional numeric effluent limitations beyond those 
    described in Part V.B of this permit.
    5. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. During the period beginning 
    [insert date 1 year after permit issuance] lasting through [insert date 
    2 years after permit issuance] and the period beginning [insert date 3 
    years after permit issuance] lasting through [insert date 4 years after 
    permit issuance], permittees with scrap recycling and waste recycling 
    facilities must monitor their storm water discharges associated with 
    industrial activity at least quarterly (4 times per year) during years 
    2 and 4 except as provided in paragraphs 5.a.(3) (Sampling Waiver), 
    5.a.(4) (Representative Discharge), and 5.a.(5) (Alternative 
    Certification). Scrap recycling and waste recycling facilities are 
    required to monitor their storm water discharges for the pollutants of 
    concern listed in Table N-1 below. Facilities must report in accordance 
    with 5.b. (Reporting). In addition to the parameters listed in Table N-
    1 below, the permittee shall provide the date and duration (in hours) 
    of the storm event(s) sampled; rainfall measurements or estimates (in 
    inches) of the storm event that generated the sampled runoff; the 
    duration between the storm event sampled and the end of the previous 
    measurable (greater than 0.1 inch rainfall) storm event; and an 
    estimate of the total volume (in gallons) of the discharge sampled.
    
                  Table N-1.--Industry Monitoring Requirements              
    ------------------------------------------------------------------------
                                                                  Cut-off   
                     Pollutants of concern i                   concentration
                                                                   (mg/L    
    ------------------------------------------------------------------------
    Chemical Oxygen Demand (COD).............................     120       
    Total Suspended Solids (TSS).............................     100       
    Total Recoverable Aluminum...............................       0.75    
    Total Recoverable Copper.................................       0.0636  
    Total Recoverable Iron...................................       1.0     
    Total Recoverable Lead...................................       0.0816  
    Total Recoverable Zinc...................................       0.065   
    ------------------------------------------------------------------------
    i Several congeners of PCBs (PCB-1016, -1221, -1242, -1248, -1260) were 
      above established benchmarks, however, EPA believes that these        
      constituents will readily bound up with sediment and particulate      
      matter. Therefore, EPA believes that BMPs will effectively address    
      sources of PCBs and that monitoring for TSS will serve as an adequate 
      indicator of the control of PCBs.                                     
    
        (1) Monitoring Periods. Scrap and waste material processing and 
    recycling facilities shall monitor samples collected during the 
    sampling periods of: January to March, April to June, July to 
    September, and October to December for the years specified in paragraph 
    a. (above).
        (2) Sample Type. A minimum of one grab sample shall be taken. All 
    such samples shall be collected from the discharge resulting from a 
    storm event that is greater than 0.1 inches in magnitude and that 
    occurs at least 72 hours from the previously measurable (greater than 
    0.1 inch rainfall) storm event. The required 72-hour storm event 
    interval is waived where the preceding measurable storm event did not 
    result in a measurable discharge from the facility. The required 72-
    hour storm event interval may also be waived where the permittee 
    documents that less than a 72-hour interval is representative for local 
    storm events during the season when sampling is being conducted. The 
    grab sample shall be taken during the first 30 minutes of the 
    discharge. If the collection of a grab sample during the first 30 
    minutes is impracticable, a grab sample can be taken during the first 
    hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable. If storm water discharges associated with 
    industrial activity commingle with process or non-process water, then 
    where practicable, permittees must attempt to sample the storm water 
    discharge before it mixes with the non-storm water discharge.
    
    (3) Sampling Waiver
    
        (a) Adverse Conditions--When a discharger is unable to collect 
    samples within a specified sampling period due 
    
    [[Page 51196]]
    to adverse climatic conditions, the discharger shall collect a 
    substitute sample from a separate qualifying event in the next period 
    and submit the data along with data for the routine sample in that 
    period. Adverse weather conditions that may prohibit the collection of 
    samples include weather conditions that create dangerous conditions for 
    personnel (such as local flooding, high winds, hurricane, tornadoes, 
    electrical storms, etc.) or otherwise make the collection of a sample 
    impracticable (e.g., drought, extended frozen conditions, etc.).
        (b) Low Concentration Waiver--When the average concentration for a 
    pollutant calculated from all monitoring data collected from an outfall 
    during the monitoring period [insert date 1 year after permit issuance] 
    lasting through [insert date 2 years after permit issuance] is less 
    than the corresponding value for that pollutant listed in Table N-1 
    under the column Monitoring Cut-off Concentration, a facility may waive 
    monitoring and reporting requirements in the monitoring period 
    beginning [insert date 3 years after permit issuance] lasting through 
    [insert date 4 years after permit issuance]. The facility must submit 
    to the Director, in lieu of the monitoring data, a certification that 
    there has not been a significant change in industrial activity or the 
    pollution prevention measures in the area of the facility which drains 
    to the outfall for which sampling was waived.
        (c) When a discharger is unable to conduct quarterly chemical storm 
    water sampling at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirements as long 
    as the facility remains inactive and unstaffed. The facility must 
    submit to the Director, in lieu of monitoring data, a certification 
    statement on the DMR stating that the site is inactive and unstaffed so 
    that collecting a sample during a qualifying event is not possible.
        (4) Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluents. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan. The permittee shall 
    include the description of the location of the outfalls, explanation of 
    why outfalls are expected to discharge substantially identical 
    effluents, and estimate of the size of the drainage area and runoff 
    coefficient with the Discharge Monitoring Report.
        (5) Alternative Certification. A discharger is not subject to the 
    monitoring requirements of this section provided the discharger makes a 
    certification for a given outfall or on a pollutant-by-pollutant basis 
    in lieu of the monitoring reports required under paragraph b below, 
    under penalty of law, signed in accordance with Part VII.G. (Signatory 
    Requirements), that material handling equipment or activities, raw 
    materials, intermediate products, final products, waste materials, by-
    products, industrial machinery or operations, or significant materials 
    from past industrial activity, that are located in areas of the 
    facility within the drainage area of the outfall are not presently 
    exposed to storm water and are not expected to be exposed to storm 
    water for the certification period. Such certification must be retained 
    in the storm water pollution prevention plan, and submitted to EPA in 
    accordance with Part VI.C. of this permit. In the case of certifying 
    that a pollutant is not present, the permittee must submit the 
    certification along with the monitoring reports required under 
    paragraph b. below. If the permittee cannot certify for an entire 
    period, they must submit the date exposure was eliminated and any 
    monitoring required up until that date. This certification option is 
    not applicable to compliance monitoring requirements associated with 
    effluent limitations.
        b. Reporting. Permittees with scrap and waste material processing 
    and recycling facilities shall submit monitoring results for each 
    outfall associated with industrial activity [or a certification in 
    accordance with Sections (3), (4), or (5) above] obtained during the 
    reporting period beginning [insert date 1 year after permit issuance] 
    lasting through [insert date 2 years after permit issuance] on 
    Discharge Monitoring Report Form(s) postmarked no later than the 31st 
    day of the following March [insert the date 2 years after permit 
    issuance]. Monitoring results (or a certification in accordance with 
    Sections (3), (4), or (5) above] obtained during the period beginning 
    [insert date 3 years after permit issuance] lasting through [insert 
    date 4 years after permit issuance] shall be submitted on Discharge 
    Monitoring Report Form(s) postmarked no later than the 31st day of the 
    following March. For each outfall, one signed Discharge Monitoring 
    Report form must be submitted to the Director per storm event sampled. 
    Signed copies of Discharge Monitoring Reports, or said certifications, 
    shall be submitted to the Director of the NPDES program at the address 
    of the appropriate Regional Office listed in Part VI.G. of the fact 
    sheet.
        (1) Additional Notification. In addition to filing copies of 
    discharge monitoring reports in accordance with paragraph b (above), 
    scrap and waste material processing and recycling facilities with at 
    least one storm water discharge associated with industrial activity 
    through a large or medium municipal separate storm sewer system 
    (systems serving a population of 100,000 or more) must submit signed 
    copies of discharge monitoring reports to the operator of the municipal 
    separate storm sewer system in accordance with the dates provided in 
    paragraph b (above).
        c. Quarterly Visual Examination of Storm Water Quality. Facilities 
    shall perform and document a visual examination of a representative 
    storm water discharge associated with industrial activity exposed to 
    storm water. The examination must be made at least once each quarter 
    during daylight hours unless there is insufficient rainfall or snow 
    melt to produce a runoff event. Examinations must be conducted at least 
    once in each of the following periods: January through March; April 
    through June; July through September; and October through December.
        (1) Examinations shall be made of samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    1 hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm 
    
    [[Page 51197]]
    event. Where practicable, the same individual should carry out the 
    collection and examination of discharges for the entire permit term.
        (2) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (3) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfall(s) provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (4) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain the documentation on-site with the 
    records of the visual examinations. Adverse weather conditions which 
    may prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (5) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility remains inactive and unstaffed. The facility must maintain 
    a certification with the pollution prevention plan stating that the 
    site is inactive and unstaffed so that performing visual examinations 
    during a qualifying event is not feasible.
    
    O. Storm Water Discharges Associated With Industrial Activity From 
    Steam Electric Power Generating Facilities, Including Coal Handling 
    Areas
    
    1. Discharges Covered Under This Section
        The requirements listed under this section shall apply to storm 
    water discharges from steam electric power generating facilities, 
    including coal handling areas. Non-storm water discharges subject to 
    effluent limitations guidelines are not covered by this permit. Storm 
    water discharges from coal pile runoff subject to numeric limitations 
    are eligible for coverage under this permit, but are subject to the 
    limitations established by 40 CFR 423.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        a. Limitations on Coverage. Storm water discharges from ancillary 
    facilities such as fleet centers, gas turbine stations, and substations 
    that are not contiguous to a steam electric power generating facility 
    are not covered by this permit. Heat capture co-generation facilities 
    are not covered by this permit; however, dual fuel co-generation 
    facilities are included.
    2. Special Conditions
        a. Prohibition of Non-storm Water Discharges. Except as provided 
    under Part III.A.2 of this permit, non-storm water discharges are not 
    authorized by this permit. The operators of such discharges must obtain 
    coverage under a separate National Pollutant Discharge Elimination 
    System (NPDES) permit if discharged to waters of the United States or 
    through a municipal separate storm sewer system. Storm water discharges 
    associated with industrial activities that are mixed with sources of 
    non-storm water are not authorized by this permit, except if mixed with 
    non-storm water discharges that are in compliance with a different 
    NPDES permit or identified by and in compliance with Part III.A.2 
    (Prohibition of Non-storm Water Discharges) of this permit.
    Storm Water Pollution Prevention Plan Requirements
        a. Contents of Plan. The plan shall include, at a minimum, the 
    following items:
        (1) Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team that are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility or plant manager in its implementation, maintenance, and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        (2) Description of Potential Pollutant Sources. Each plan shall 
    provide a description of potential sources which may reasonably be 
    expected to add significant amounts of pollutants to storm water 
    discharges or which may result in the discharge of pollutants during 
    dry weather from separate storm sewers draining the facility. Each plan 
    shall identify all activities and significant materials which may 
    potentially be significant pollutant sources. Each plan shall include, 
    at a minimum:
        (a) Drainage.
        (i) A site map which clearly outlines the locations of the 
    following, as they apply to the facility: The outfall locations and the 
    types of discharges contained in the drainage areas of the outfalls, 
    and an outline of the drainage area of each storm water outfall that is 
    within the facility boundaries (and indicating the direction of storm 
    water flow); processing areas and buildings; treatment ponds; locations 
    where significant materials are exposed to precipitation; storage 
    tanks; scrap yards, and general refuse areas; fuel storage and 
    distribution areas; vehicle and equipment maintenance and storage 
    areas; loading/unloading areas; locations used for treatment,storage or 
    disposal of wastes; location of short and long term storage of general 
    materials (including but not limited to: supplies, construction 
    materials, plant 
    
    [[Page 51198]]
    equipment, oils, fuels, used and unused solvents, cleaning materials, 
    paint, water treatment chemicals, fertilizers, and pesticides); 
    landfills; location of construction sites; locations of stock pile 
    areas (such as coal piles and limestone piles); locations where major 
    spills or leaks identified under Part XI.O.3.a.(2)(c) (Spills and 
    Leaks) of this permit have occurred; surface water bodies; and existing 
    structural control measures to reduce pollutants in storm water runoff 
    (such as bermed areas, grassy swales, etc.).
        (ii) For each storm water outfall identify the types of pollutants 
    which are likely to be present in the storm water discharges. Factors 
    to consider include the toxicity of a chemical; quantity of chemicals 
    used, produced or discharged; the likelihood of contact with storm 
    water; and history of significant leaks or spills of toxic or hazardous 
    pollutants. Flows with a significant potential for causing erosion 
    shall be identified.
        (b) Inventory of Exposed Materials--An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation. Such inventory shall include a narrative description of 
    significant materials that have been handled, treated, stored or 
    disposed in a manner to allow exposure to storm water between the time 
    of 3 years prior to the date of the submission of a Notice of Intent 
    (NOI) to be covered under this permit and the present; method and 
    location of onsite storage or disposal; materials management practices 
    employed to minimize contact of materials with storm water runoff 
    between the time of 3 years prior to the date of the submission of a 
    Notice of Intent (NOI) to be covered under this permit and the present; 
    the location and a description of existing structural and nonstructural 
    control measures to reduce pollutants in storm water runoff; and a 
    description of any treatment the storm water receives.
        (c) Spills and Leaks--A list of significant spills and significant 
    leaks of toxic or hazardous pollutants that occurred at areas that are 
    exposed to precipitation or that otherwise drain to a storm water 
    conveyance at the facility after the date of 3 years prior to the date 
    of the submission of a Notice of Intent (NOI) to be covered under this 
    permit. Such list shall be updated as appropriate during the term of 
    the permit.
        (d) Sampling Data--A summary of existing discharge sampling data 
    describing pollutants in storm water discharges from the facility, 
    including a summary of sampling data collected during the term of this 
    permit.
        (e) Risk Identification and Summary of Potential Pollutant 
    Sources--A narrative description of the potential pollutant sources 
    from the following activities: loading and unloading operations; 
    outdoor storage activities; outdoor manufacturing or processing 
    activities; significant dust or particulate generating processes; and 
    onsite waste disposal practices. The description shall specifically 
    list any significant potential source of pollutants at the site and for 
    each potential source, any pollutant or pollutant parameter (e.g., 
    total suspended solids, copper, etc.) of concern shall be identified.
        (3) Measures and Controls. Each facility covered by this permit 
    shall develop a description of storm water management controls 
    appropriate for the facility, and implement such controls. The 
    appropriateness and priorities of controls in a plan shall reflect 
    identified potential sources of pollutants at the facility. The 
    description of storm water management controls shall address the 
    following minimum components, including a schedule for implementing 
    such controls:
        (a) Good Housekeeping--Good housekeeping requires the maintenance 
    of areas which may contribute pollutants to storm water discharges in a 
    clean, orderly manner. The following areas must be specifically 
    addressed:
        (i) Fugitive Dust Emissions--The plan must describe measures that 
    prevent or minimize fugitive dust emissions from coal handling areas. 
    The permittee shall consider establishing procedures to minimize 
    offsite tracking of coal dust. To prevent offsite tracking the facility 
    may consider specially designed tires, or washing vehicles in a 
    designated area before they leave the site, and controlling the wash 
    water.
        (ii) Delivery Vehicles--The plan must describe measures that 
    prevent or minimize contamination of storm water runoff from delivery 
    vehicles arriving on the plant site. At a minimum the permittee should 
    consider the following:
        (a) Develop procedures for the inspection of delivery vehicles 
    arriving on the plant site, and ensure overall integrity of the body or 
    container; and
        (b) Develop procedures to deal with leakage or spillage from 
    vehicles or containers, and ensure that proper protective measures are 
    available for personnel and environment.
        (iii) Fuel Oil Unloading Areas--The plan must describe measures 
    that prevent or minimize contamination of storm water runoff from fuel 
    oil unloading areas. At a minimum the facility operator must consider 
    using the following measures, or an equivalent:
        (a) Use containment curbs in unloading areas;
        (b) During deliveries station personnel familiar with spill 
    prevention and response procedures must be present to ensure that any 
    leaks or spills are immediately contained and cleaned up; and
        (c) Use spill and overflow protection (drip pans, drip diapers, 
    and/or other containment devices shall be placed beneath fuel oil 
    connectors to contain any spillage that may occur during deliveries or 
    due to leaks at such connectors).
        (iv) Chemical Loading/Unloading AreasThe plan must describe 
    measures that prevent or minimize the contamination of storm water 
    runoff from chemical loading/unloading areas. Where practicable, 
    chemical loading/unloading areas should be covered, and chemicals 
    should be stored indoors.
        At a minimum the permittee must consider using the following 
    measures or an equivalent:
        (a) Use containment curbs at chemical loading/unloading areas to 
    contain spills; and
        (b) During deliveries station personnel familiar with spill 
    prevention and response procedures must be present to ensure that any 
    leaks or spills are immediately contained and cleaned up.
        (v) Miscellaneous Loading/Unloading Areas--The plan must describe 
    measures that prevent or minimizes the contamination of storm water 
    runoff from loading and unloading areas. The facility may consider 
    covering the loading area, minimizing storm water runon to the loading 
    area by grading, berming, or curbing the area around the loading area 
    to direct storm water away from the area, or locate the loading/
    unloading equipment and vehicles so that leaks can be contained in 
    existing containment and flow diversion systems.
        (vi) Liquid Storage Tanks--The plan must describe measures that 
    prevent or minimize contamination of storm water runoff from above 
    ground liquid storage tanks. At a minimum the facility operator must 
    consider employing the following measures or an equivalent:
        (a) Use protective guards around tanks;
        (b) Use containment curbs;
        (c) Use spill and overflow protection (drip pans, drip diapers, 
    and/or other containment devices shall be placed beneath chemical 
    connectors to contain any spillage that may occur during deliveries or 
    due to leaks at such connectors); and
        (d) Use dry cleanup methods.
    
    [[Page 51199]]
    
        (vii) Large Bulk Fuel Storage Tanks--The plan must describe 
    measures that prevent or minimize contamination of storm water runoff 
    from liquid storage tanks. At a minimum the facility operator must 
    consider employing the following measures, or an equivalent:
        (a) Comply with applicable State and Federal laws, including Spill 
    Prevention Control and Countermeasures (SPCC); and
        (b) Containment berms.
        (viii) The plan must describe measures to reduce the potential for 
    an oil spill, or a chemical spill, or reference the appropriate section 
    of their SPCC plan. At a minimum the structural integrity of all above 
    ground tanks, pipelines, pumps and other related equipment shall be 
    visually inspected on a weekly basis. All repairs deemed necessary 
    based on the findings of the inspections shall be completed immediately 
    to reduce the incidence of spills and leaks occurring from such faulty 
    equipment.
        (ix) Oil Bearing Equipment in Switchyards--The plan must describe 
    measures to reduce the potential for storm water contamination from oil 
    bearing equipment in switchyard areas. The facility operator may 
    consider level grades and gravel surfaces to retard flows and limit the 
    spread of spills; collection of storm water runoff in perimeter 
    ditches.
        (x) Residue Hauling Vehicles--All residue hauling vehicles shall be 
    inspected for proper covering over the load, adequate gate sealing and 
    overall integrity of the body or container. Vehicles without load 
    coverings or adequate gate sealing, or with leaking containers or beds 
    must be repaired as soon as practicable.
        (xi) Ash Loading Areas--Plant procedures shall be established to 
    reduce and/or control the tracking of ash or residue from ash loading 
    areas including, where practicable, requirements to clear the ash 
    building floor and immediately adjacent roadways of spillage, debris 
    and excess water before each loaded vehicle departs.
        (xii) Areas Adjacent to Disposal Ponds or Landfills--The plan must 
    describe measures that prevent or minimize contamination of storm water 
    runoff from areas adjacent to disposal ponds or landfills. The facility 
    must develop procedures to:
        (a) Reduce ash residue which may be tracked on to access roads 
    traveled by residue trucks or residue handling vehicles; and
        (b) Reduce ash residue on exit roads leading into and out of 
    residue handling areas.
        (xiii) Landfills, Scrapyards, Surface Impoundments, Open Dumps, 
    General Refuse Sites--The plan must address landfills, scrapyards, 
    surface impoundments, open dumps and general refuse sites. The 
    permittee is referred to Parts XI.L. and XI.N of the permit for 
    applicable Best Management Practices (BMPs).
        (xiv) Maintenance Activities--For vehicle maintenance activities 
    performed on the plant site, the permittee shall use the applicable 
    BMPs outlined in Part XI.P. of the permit (Storm Water Discharges 
    Associated With Industrial Activity From Motor Freight Transportation 
    Facilities, Passenger Transportation Facilities, Rail Transportation 
    Facilities, and United States Postal Service Transportation 
    Facilities).
        (xv) Material Storage Areas--The plan must describe measures that 
    prevent or minimize contamination of storm water from material storage 
    areas (including areas used for temporary storage of miscellaneous 
    products, and construction materials stored in lay down areas). The 
    facility operator may consider flat yard grades, runoff collection in 
    graded swales or ditches, erosion protection measures at steep outfall 
    sites (e.g., concrete chutes, riprap, stilling basins), covering lay 
    down areas, storing the materials indoors, covering the material with a 
    temporary covering made of polyethylene, polyurethane, polypropylene, 
    or hypalon. Storm water runon may be minimized by constructing an 
    enclosure or building a berm around the area.
        (b) Preventive Maintenance--A preventive maintenance program shall 
    be implemented and shall include timely inspection and maintenance of 
    storm water management devices (e.g., cleaning oil/water separators, 
    catch basins) as well as inspecting and testing facility equipment and 
    systems to uncover conditions that could cause breakdowns or failures 
    resulting in discharges of pollutants to surface waters, and ensuring 
    appropriate maintenance of such equipment and systems.
        (c) Spill Prevention and Response Procedures--Areas where potential 
    spills which can contribute pollutants to storm water discharges can 
    occur, and their accompanying drainage points, shall be identified 
    clearly in the storm water pollution prevention plan. Where 
    appropriate, specifying material handling procedures, storage 
    requirements, and use of equipment such as diversion valves in the plan 
    should be considered. Procedures for cleaning up spills shall be 
    identified in the plan and made available to the appropriate personnel. 
    The necessary equipment to implement a clean up should be available to 
    personnel.
        (d) Inspections--In addition to or as part of the comprehensive 
    site evaluation required under Part XI.O.3.a.(4) of this section, 
    qualified facility personnel shall be identified to inspect the 
    following areas on a monthly basis: coal handling areas, loading/
    unloading areas, switchyards, fueling areas, bulk storage areas, ash 
    handling areas, areas adjacent to disposal ponds and landfills, 
    maintenance areas, liquid storage tanks, and long term and short term 
    material storage areas. A set of tracking or follow-up procedures shall 
    be used to ensure that appropriate actions are taken in response to the 
    inspections. Records of inspections shall be maintained onsite. Such 
    records are subject to review by the U.S. Environmental Protection 
    Agency, and State, and local agencies with jurisdiction, and must be 
    retained onsite a minimum of 3 years after the date of the inspection.
        (e) Employee Training--Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management at all levels of responsibility of the 
    components and goals of the storm water pollution prevention plan. 
    Training should address topics such as goals of the pollution 
    prevention plan, spill prevention and control, proper handling 
    procedures for hazardous wastes, good housekeeping and material 
    management practices, and storm water sampling techniques. The 
    pollution prevention plan shall identify periodic dates for such 
    training, but in all cases training must be held at least annually.
        (f) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents (such as spills, or other discharges), along with other 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. 
    Inspections and maintenance activities shall be documented and records 
    of such activities shall be incorporated into the plan.
        (g) Non-storm Water Discharges.
        (i) The plan shall include a certification that the discharge has 
    been tested or evaluated for the presence of non-storm water 
    discharges. The certification shall include the identification of 
    potential significant sources of non-storm water at the site, a 
    description of the results of any test and/or evaluation for the 
    presence of non-storm water discharges, the 
    
    [[Page 51200]]
    evaluation criteria or testing method used, the date of any testing 
    and/or evaluation, and the onsite drainage points that were directly 
    observed during the test. Certifications shall be signed in accordance 
    with Part VII.G. of this permit. Such certification may not be feasible 
    if the facility operating the storm water discharge associated with 
    industrial activity does not have access to an outfall, manhole, or 
    other point of access to the ultimate conduit which receives the 
    discharge. In such cases, the source identification section of the 
    storm water pollution prevention plan shall indicate why the 
    certification required by this part was not feasible, along with the 
    identification of potential significant sources of non-storm water at 
    the site. A discharger that is unable to provide the certification 
    required by this paragraph must notify the Director in accordance with 
    paragraph XI.O.3.a.(3)(g)(iii) (below).
        (ii) Except for flows from fire fighting activities, sources of 
    non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
    Discharges) of this permit that are combined with storm water 
    discharges associated with industrial activity must be identified in 
    the plan. The plan shall identify and ensure the implementation of 
    appropriate pollution prevention measures for the non-storm water 
    component(s) of the discharge.
        (iii) Failure to Certify--Any facility that is unable to provide 
    the certification required (testing for non-storm water discharges), 
    must notify the Director by [Insert date 270 days after permit 
    issuance] or, for facilities which begin to discharge storm water 
    associated with industrial activity after [Insert date 270 days after 
    permit issuance], 180 days after submitting an NOI to be covered by 
    this permit. If the failure to certify is caused by the inability to 
    perform adequate tests or evaluations, such notification shall 
    describe: the procedure of any test conducted for the presence of non-
    storm water discharges; the results of such test or other relevant 
    observations; potential sources of non-storm water discharges to the 
    storm sewer; and, why adequate tests for such storm sewers were not 
    feasible. Non-storm water discharges to waters of the United States 
    which are not authorized by an NPDES permit are unlawful, and must be 
    terminated.
        (h) Sediment and Erosion Control--The plan shall identify areas 
    which, due to topography, activities, or other factors, have a high 
    potential for significant soil erosion, and identify structural, 
    vegetative, and/or stabilization measures to be used to limit erosion.
        (i) Management of Runoff--The plan shall contain a narrative 
    consideration of the appropriateness of traditional storm water 
    management practices (practices other than those which control the 
    generation or source(s) of pollutants) used to divert, infiltrate, 
    reuse, or otherwise manage storm water runoff in a manner that reduces 
    pollutants in storm water discharges from the site. The plan shall 
    provide that measures the permittee determines to be reasonable and 
    appropriate shall be implemented and maintained. The potential of 
    various sources at the facility to contribute pollutants to storm water 
    discharges associated with industrial activity (see Part XI.O.3.a.(2)) 
    shall be considered when determining reasonable and appropriate 
    measures. Appropriate measures may include: vegetative swales and 
    practices, reuse of collected storm water (such as for a process or as 
    an irrigation source), inlet controls (such as oil/water separators), 
    snow management activities, infiltration devices, wet detention/
    retention devices, or other equivalent measures.
        (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
    shall conduct site compliance evaluations at appropriate intervals 
    specified in the plan, but in no case less than once a year. Such 
    evaluations shall provide:
        (a) Areas contributing to a storm water discharge associated with 
    industrial activity shall be visually inspected for evidence of, or the 
    potential for, pollutants entering the drainage system. Measures to 
    reduce pollutant loadings shall be evaluated to determine whether they 
    are adequate and properly implemented in accordance with the terms of 
    the permit or whether additional control measures are needed. 
    Structural storm water management measures, sediment and erosion 
    control measures, and other structural pollution prevention measures 
    identified in the plan shall be observed to ensure that they are 
    operating correctly. A visual evaluation of equipment needed to 
    implement the plan, such as spill response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    Part XI.O.3.a.(2) of this section (Description of Potential Pollutant 
    Sources) and pollution prevention measures and controls identified in 
    the plan in accordance with Part XI.O.3.a.(3) of this section (Measures 
    and Controls) shall be revised as appropriate within 2 weeks of such 
    evaluation and shall provide for implementation of any changes to the 
    plan in a timely manner, but in no case more than 12 weeks after the 
    evaluation.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan, and actions taken in accordance with 
    paragraph XI.O.3.a.(4)(b) (above) of the permit shall be made and 
    retained as part of the storm water pollution prevention plan for at 
    least 3 years from the date of the evaluation. The report shall 
    identify any incidents of noncompliance. Where a report does not 
    identify any incidents of noncompliance, the report shall contain a 
    certification that the facility is in compliance with the storm water 
    pollution prevention plan and this permit. The report shall be signed 
    in accordance with Part VII.G. (Signatory Requirements) of this permit.
        (d) Where compliance evaluation schedules overlap with inspections 
    required under 3.a.(3)(d), the compliance evaluation may be conducted 
    in place of one such inspection.
    4. Numeric Effluent Limitations
        Coal pile runoff is subject to the effluent guidelines described in 
    Part V.B. of this permit. However, steam electric generating facilities 
    must comply with the requirement of Part V.B. immediately upon permit 
    issuance. Steam electric generating facilities are not permitted to 
    take 3 years to meet this requirement.
    5. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. During the period beginning 
    [insert date 1 year after permit issuance] lasting through [insert date 
    2 years after permit issuance] and the period beginning [insert date 3 
    years after permit issuance] lasting through [insert date 4 years after 
    permit issuance], permittees with steam electric power generating 
    facilities must monitor their storm water discharges associate with 
    industrial activity at least quarterly (4 times per year) during years 
    2 and 4 except as provided in paragraphs 5.a.(3). (sampling waiver), 
    5.a.(4). (representative discharge), and 5.a.(5).(alternative 
    certification), steam electric power generating facilities are required 
    to monitor their storm water discharges for the pollutant of concern 
    listed in Table O-1 below. Facilities must report in accordance with 
    5.b.(reporting). In addition to the parameter listed in Table O-1 
    below, the permittee shall provide the date and duration (in hours) of 
    the storm event(s) 
    
    [[Page 51201]]
    sampled; rainfall measurements or estimates (in inches) of the storm 
    event which generated the sampled runoff; the duration between the 
    storm event sampled and the end of the previous measurable (greater 
    than 0.1 inch rainfall) storm event; and an estimate of the total 
    volume (in gallons) of the discharge sampled;
    
     Table O-1.--Monitoring Requirements for Steam Electric Power Generating
                                   Facilities                               
    ------------------------------------------------------------------------
                                                                Cut-Off     
                     Pollutant of concern                  concentration(mg/
                                                                  L2)       
    ------------------------------------------------------------------------
    Total Recoverable Iron...............................             1.0   
    ------------------------------------------------------------------------
    
        (1) Monitoring Periods. Steam electric power generating facilities 
    shall monitor samples collected during the sampling periods of: January 
    through March, April through June, July through September, and October 
    through December for the years specified in paragraph a (above).
        (2) Sample Type. A minimum of one grab sample shall be taken. All 
    such samples shall be collected from the discharge resulting from a 
    storm event that is greater than 0.1 inches in magnitude and that 
    occurs at least 72 hours from the previously measurable (greater than 
    0.1 inch rainfall) storm event. The required 72-hour storm event 
    interval is waived where the preceding measurable storm event did not 
    result in a measurable discharge from the facility. The required 72-
    hour storm event interval may also be waived where the permittee 
    documents that less than a 72-hour interval is representative for local 
    storm events during the season when sampling is being conducted. The 
    grab sample shall be taken during the first 30 minutes of the 
    discharge. If the collection of a grab sample during the first 30 
    minutes is impracticable, a grab sample can be taken during the first 
    hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable. If storm water discharges associated with 
    industrial activity commingle with process or nonprocess water, then 
    where practicable permittees must attempt to sample the storm water 
    discharge before it mixes with the non-storm water discharge.
        (3) Sampling Waiver.
        (a) Adverse Conditions--When a discharger is unable to collect 
    samples within a specified sampling period due to adverse climatic 
    conditions, the discharger shall collect a substitute sample from a 
    separate qualifying event in the next period and submit the data along 
    with data for the routine sample in that period. Adverse weather 
    conditions which may prohibit the collection of samples include weather 
    conditions that create dangerous conditions for personnel (such as 
    local flooding, high winds, hurricane, tornadoes, electrical storms, 
    etc.) or otherwise make the collection of a sample impracticable 
    (drought, extended frozen conditions, etc.).
        (b) Low Concentration Waiver--When the average concentration for a 
    pollutant calculated from all monitoring data collected from an outfall 
    during the monitoring period [insert date 1 year after permit issuance] 
    lasting through [insert date 2 years after permit issuance] is less 
    than the corresponding value for that pollutant listed in Table O-1 
    under the column Monitoring Cut-off Concentration, a facility may waive 
    monitoring and reporting requirements in the monitoring period 
    beginning [insert date 3 years after permit issuance] lasting through 
    [insert date 4 years after permit issuance]. The facility must submit 
    to the Director, in lieu of the monitoring data, a certification that 
    there has not been a significant change in industrial activity or the 
    pollution prevention measures in area of the facility which drains to 
    the outfall for which sampling was waived.
        (c) When a discharger is unable to conduct quarterly chemical storm 
    water sampling at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirements as long 
    as the facility remains inactive and unstaffed. The facility must 
    submit to the Director, in lieu of monitoring data, a certification 
    statement on the DMR stating that the site is inactive and unstaffed so 
    that collecting a sample during a qualifying event is not possible.
        (4) Representative Discharge. When a facility has 2 or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfalls provided that the 
    permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explaining in detail 
    why the outfalls are expected to discharge substantially identical 
    effluents. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    (e.g., low (under 40 percent), medium (40 to 65 percent) or high (above 
    65 percent)) shall be provided in the plan. The permittee shall include 
    the description of the location of the outfalls, explanation of why 
    outfalls are expected to discharge substantially identical effluents, 
    and estimate of the size of the drainage area and runoff coefficient 
    with the Discharge Monitoring Report.
        (5) Alternative Certification. A discharger is not subject to the 
    monitoring requirements of this section provided the discharger makes a 
    certification for a given outfall, or on a pollutant-by-pollutant basis 
    in lieu of monitoring reports required under paragraph b below, under 
    penalty of law, signed in accordance with Part VII.G. (signatory 
    requirements), that material handling equipment or activities, raw 
    materials, intermediate products, final products, waste materials, by-
    products, industrial machinery or operations, significant materials 
    from past industrial activity that are located in areas of the facility 
    within the drainage area of the outfall are not presently exposed to 
    storm water and are not expected to be exposed to storm water for the 
    certification period. Such certification must be retained in the storm 
    water pollution prevention plan, and submitted to EPA in accordance 
    with Part VI.C. of this permit. In the case of certifying that a 
    pollutant is not present, the permittee must submit the certification 
    along with the monitoring reports required under paragraph (b) below. 
    If the permittee cannot certify for an entire period, they must submit 
    the date exposure was eliminated and any monitoring required up until 
    that date. This certification option is not applicable to compliance 
    monitoring requirements associated with effluent limitations.
        b. Reporting. Permittees with steam electric power generating 
    facilities shall submit monitoring results, or a certification that 
    there has not been a significant change in industrial activity or the 
    pollution prevention measures in area of the facility which drains to 
    the outfall for which sampling was waived, obtained during the 
    reporting period beginning [insert date 1 year after permit issuance] 
    lasting through [insert date 2 years after permit issuance] on 
    Discharge Monitoring Report Form(s) postmarked no later than the 31st 
    day of the following March [insert the date 2 years after permit 
    issuance]. Monitoring results, or a certification that there has not 
    been a significant change in 
    
    [[Page 51202]]
    industrial activity or the pollution prevention measures in area of the 
    facility which drains to the outfall for which sampling was waived, 
    obtained during the period beginning [insert date 3 years after permit 
    issuance] lasting through [insert date 4 years after permit issuance] 
    shall be submitted on Discharge Monitoring Report Form(s) postmarked no 
    later than the 31st day of the following March. For each outfall, one 
    signed Discharge Monitoring Report form must be submitted to the 
    Director per storm event sampled. Signed copies of Discharge Monitoring 
    Reports, or said certifications, shall be submitted to the Director of 
    the NPDES program at the address of the appropriate Regional Office 
    listed in VI.G. of the fact sheet to this permit.
        (1) Additional Notification. In addition to filing copies of 
    discharge monitoring reports in accordance with paragraph b (above) 
    steam electric power generating facilities with at least one storm 
    water discharge associated with industrial activity through a large or 
    medium municipal separate storm sewer system (systems serving a 
    population of 100,000 or more) must submit signed copies of discharge 
    monitoring reports to the operator of the municipal separate storm 
    sewer system in accordance with the dates provided in paragraph b 
    (above).
        c. Compliance Monitoring Requirements. Permittees with point 
    sources of coal pile runoff associated with steam electric power 
    generation must monitor these storm water discharges for the presence 
    of TSS and for pH at least annually (one time per year). Facilities 
    must report in accordance with 5.c.(2) (reporting). In addition to the 
    parameters listed above, the permittee shall provide the date and 
    duration (in hours) of the storm event(s) sampled; rainfall 
    measurements or estimates (in inches) of the storm event that generated 
    the sampled runoff; the duration between the storm event sampled and 
    the end of the previous measurable (greater than 0.1 inch rainfall) 
    storm event; and an estimate of the total volume (in gallons) of the 
    discharge sampled.
        (1) Sample Type. A minimum of one grab sample shall be taken. All 
    such samples shall be collected from the discharge resulting from a 
    storm event that is greater than 0.1 inches in magnitude and that 
    occurs at least 72 hours from the previously measurable (greater than 
    0.1 inch rainfall) storm event. The grab sample shall be taken during 
    the first 30 minutes of the discharge. If the collection of a grab 
    sample during the first 30 minutes is impracticable, a grab sample can 
    be taken during the first hour of the discharge, and the discharger 
    shall submit with the monitoring report a description of why a grab 
    sample during the first 30 minutes was impracticable.
        (2) Reporting. Permittees with asphalt paving or roofing emulsion 
    production facilities shall submit monitoring results obtained during 
    the reporting period beginning [insert date of permit issuance] on 
    Discharge Monitoring Report Form(s) postmarked no later than the last 
    day of the following [insert month after permit issuance date]. Signed 
    copies of Discharge Monitoring Reports shall be submitted to the 
    Director of the NPDES program at the address of the appropriate 
    Regional Office indicated in Part VI.B. of this permit. For each 
    outfall one Discharge monitoring form shall be submitted per storm 
    event sampled.
        (3) Additional Notification. In addition to filing copies of 
    discharge monitoring reports in accordance with paragraph (2) (above), 
    permittees that discharge through a large or medium municipal separate 
    storm sewer system (systems serving a population of 100,000 or more) 
    must submit signed copies of discharge monitoring reports to the 
    operator of the municipal separate storm sewer system in accordance 
    with the dates provided in paragraph (3) (above).
        d. Quarterly Visual Examination of Storm Water Quality. Facilities 
    shall perform and document a visual examination of a storm water 
    discharge associated with industrial activity from each outfall, except 
    discharges exempted below. The examination must be made at least once 
    in each designated period [described in paragraph (1) below] during 
    daylight hours unless there is insufficient rainfall or snow melt to 
    produce a runoff event.
        (1) Examinations shall be conducted in each of the following 
    periods for the purposes of visually inspecting storm water quality 
    associated with storm water runoff or snow melt: January through March; 
    April through June; July through September; and October through 
    December.
        (2) Examinations shall be made of samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    one hour) of when the runoff or snowmelt begins discharging. The 
    examination must be conducted in a well lit area. No analytical tests 
    are required to be performed on the samples. All such samples shall be 
    collected from the discharge resulting from a storm event that is 
    greater than 0.1 inches in magnitude and that occurs at least 72 hours 
    from the previously measurable (greater than 0.1 inch rainfall) storm 
    event. Where practicable the same individual should carry out the 
    collection and examination of discharges for entire permit term.
        (3) Visual examination reports must be maintained on-site in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution, and probable sources of 
    any observed storm water contamination.
        (4) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfalls provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explaining in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    (e.g., low (under 40 percent), medium (40 to 65 percent) or high (above 
    65 percent)) shall be provided in the plan.
        (5) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation with the records 
    of the visual examination. Adverse weather conditions which may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (6) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility 
    
    [[Page 51203]]
    remains inactive and unstaffed. The facility must maintain a 
    certification with the pollution prevention plan stating that the site 
    is inactive and unstaffed so that performing visual examinations during 
    a qualifying event is not feasible.
    
    P. Storm Water Discharges Associated With Industrial Activity From 
    Motor Freight Transportation Facilities, Passenger Transportation 
    Facilities, Petroleum Bulk Oil Stations and Terminals, Rail 
    Transportation Facilities, and United States Postal Service 
    Transportation Facilities
    
    1. Discharges Covered Under This Section
        Storm water discharges from ground transportation facilities and 
    rail transportation facilities (generally identified by Standard 
    Industrial Classification (SIC) codes 40, 41, 42, 43, and 5171), that 
    have vehicle and equipment maintenance shops (vehicle and equipment 
    rehabilitation, mechanical repairs, painting, fueling and lubrication) 
    and/or equipment cleaning operations are eligible for coverage under 
    this section.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
    2. Storm Water Pollution Prevention Plan Requirements
        a. Deadlines for Plan Preparation and Compliance. There are no 
    additional deadlines for plan preparation and compliance, other than 
    those stated in Part IV.A.
        b. Contents of the Plan. The plan shall include, at a minimum, the 
    following items:
        (1) Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team who are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility or plant manager in its implementation, maintenance, and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        (2) Description of Potential Pollutant Sources. Each plan shall 
    provide a description of potential sources which may reasonably be 
    expected to add significant amounts of pollutants to storm water 
    discharges or which may result in the discharge of pollutants during 
    dry weather from separate storm sewers draining the facility. Each plan 
    shall identify all activities and significant materials which may 
    potentially be significant pollutant sources. Each plan shall include, 
    at a minimum:
        (a) Drainage--A site map indicating the location of each point of 
    discharge of storm water associated with industrial activity, an 
    outline of the portions of the drainage area of each storm water 
    outfall that are within the facility boundaries (with a prediction of 
    the direction of flow), each existing structural control measure to 
    reduce pollutants in storm water runoff, surface water bodies, 
    locations where significant materials are exposed to precipitation, 
    locations where major spills or leaks identified under Part 
    XI.P.3.b.(2)(c) (Spills and Leaks) of this permit have occurred, and 
    the locations of the following activities: fueling stations, vehicle 
    and equipment maintenance and/or cleaning areas, storage areas for 
    vehicles and equipment with actual or potential fluid leaks loading/
    unloading areas, locations used for the treatment, storage or disposal 
    of wastes, liquid storage tanks, processing areas, storage areas, and 
    all monitoring locations. The site map must also indicate the types of 
    discharges contained in the drainage areas of the outfalls (e.g., storm 
    water and air conditioner condensate). In order to increase the 
    readability of the map, the inventory of the types of discharges 
    contained in each outfall may be kept as an attachment to the site map.
        (b) Inventory of Exposed Materials--An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation. Such inventory shall include a narrative description of 
    significant materials that have been handled, treated, stored or 
    disposed in a manner to allow exposure to storm water between the time 
    of 3 years prior to the date of the submission of a Notice of Intent 
    (NOI) to be covered under this permit and the present; method and 
    location of onsite storage or disposal; dirt or gravel parking areas 
    for storage of vehicles to be maintained; materials management 
    practices employed to minimize contact of materials with storm water 
    runoff between the time of 3 years prior to the date of the submission 
    of a Notice of Intent (NOI) to be covered under this permit and the 
    present; the location and a description of existing structural and 
    nonstructural control measures to reduce pollutants in storm water 
    runoff; and a description of any treatment the storm water receives.
        (c) Spills and Leaks--A list of significant spills and significant 
    leaks of toxic or hazardous pollutants that occurred at areas that are 
    exposed to precipitation or that otherwise drain to a storm water 
    conveyance at the facility after the date of 3 years prior to the date 
    of the submission of a Notice of Intent (NOI) to be covered under this 
    permit. Such list shall be updated as appropriate during the term of 
    the permit.
        (d) Sampling Data--A summary of existing discharge sampling data 
    describing pollutants in storm water discharges from the facility, 
    including a summary of sampling data collected during the term of this 
    permit.
        (e) Summary of Potential Pollutant Sources--A narrative description 
    of the potential pollutant sources from the following activities 
    associated with vehicle and equipment maintenance and equipment 
    cleaning: fueling stations; maintenance shops; equipment or vehicle 
    cleaning areas; paved dirt or gravel parking areas for vehicles to be 
    maintained; loading and unloading operations; outdoor storage 
    activities; outdoor manufacturing or processing activities; significant 
    dust or particulate generating processes; and onsite waste disposal 
    practices. The description shall specifically list any significant 
    potential source of pollutants at the site and for each potential 
    source, any pollutant or pollutant parameter (e.g., oil and grease, 
    etc.) of concern shall be identified.
        (3) Measures and Controls. Each facility covered by this permit 
    shall develop a description of storm water management controls 
    appropriate for the facility, and implement such controls. The 
    appropriateness and priorities of controls in a plan shall reflect 
    identified potential sources of pollutants at the facility. The 
    description of storm water management controls shall address the 
    following minimum components, including a schedule for implementing 
    such controls:
        (a) Good Housekeeping--All areas that may contribute pollutants to 
    storm 
    
    [[Page 51204]]
    water discharges shall be maintained in a clean, orderly manner. The 
    following areas must be specifically addressed:
        (i) Vehicle and Equipment Storage Areas--The storage of vehicles 
    and equipment awaiting maintenance with actual or potential fluid leaks 
    must be confined to designated areas (delineated on the site map). The 
    plan must describe measures that prevent or minimize contamination of 
    the storm water runoff from these areas. The facility shall consider 
    the use of drip pans under vehicles and equipment, indoor storage of 
    the vehicles and equipment, installation of berming and diking of this 
    area, use of absorbents, roofing or covering storage areas, cleaning 
    pavement surface to remove oil and grease, or other equivalent methods.
        (ii) Fueling Areas--The plan must describe measures that prevent or 
    minimize contamination of the storm water runoff from fueling areas. 
    The facility shall consider covering the fueling area, using spill and 
    overflow protection and cleanup equipment, minimizing runon/runoff of 
    storm water to the fueling area, using dry cleanup methods, collecting 
    the storm water runoff and providing treatment or recycling, or other 
    equivalent measures.
        (iii) Material Storage Areas--Storage units of all materials (e.g., 
    used oil, used oil filters, spent solvents, paint wastes, radiator 
    fluids, transmission fluids, hydraulic fluids) must be maintained in 
    good condition, so as to prevent contamination of storm water, and 
    plainly labeled (e.g., ``used oil,'' ``spent solvents,'' etc.). The 
    plan must describe measures that prevent or minimize contamination of 
    the storm water runoff from such storage areas. The facility shall 
    consider indoor storage of the materials, installation of berming and 
    diking of the area, minimizing runon/runoff of storm water to the 
    areas, using dry cleanup methods, collecting the storm water runoff and 
    providing treatment, or other equivalent methods.
        (iv) Vehicle and Equipment Cleaning Areas--The plan must describe 
    measures that prevent or minimize contamination of the storm water 
    runoff from all areas used for vehicle and equipment cleaning. The 
    facility shall consider performing all cleaning operations indoors, 
    covering the cleaning operation, ensuring that all washwaters drain to 
    the intended collection system (i.e., not the storm water drainage 
    system unless NPDES permitted), collecting the storm water runoff from 
    the cleaning area and providing treatment or recycling, or other 
    equivalent measures. The discharge of vehicle and equipment wash 
    waters, including tank cleaning operations, are not authorized by this 
    permit and must be covered under a separate NPDES permit or discharged 
    to a sanitary sewer in accordance with applicable industrial 
    pretreatment requirements.
        (v) Vehicle and Equipment Maintenance Areas--The plan must describe 
    measures that prevent or minimize contamination of the storm water 
    runoff from all areas used for vehicle and equipment maintenance. The 
    facility shall consider performing all maintenance activities indoors, 
    using drip pans, maintaining an organized inventory of materials used 
    in the shop, draining all parts of fluids prior to disposal, 
    prohibiting wet clean up practices where the practices would result in 
    the discharge of pollutants to storm water drainage systems, using dry 
    cleanup methods, collecting the storm water runoff from the maintenance 
    area and providing treatment or recycling, minimizing runon/runoff of 
    storm water areas or other equivalent measures.
        (vi) Locomotive Sanding (loading sand for traction) Areas--The plan 
    must describe measures that prevent or minimize contamination of the 
    storm water runoff from areas used for locomotive sanding. The facility 
    shall consider covering sanding areas, minimizing storm water runon/
    runoff, appropriate sediment removal practices to minimize the offsite 
    transport of sanding material by storm water, or other equivalent 
    measures.
        (b) Preventive Maintenance--A preventive maintenance program shall 
    include timely inspection and maintenance of storm water management 
    devices (e.g., cleaning oil/water separators, catch basins, drip pans, 
    vehicle-mounted drip containment devices) as well as inspecting and 
    testing facility equipment and systems to uncover conditions that could 
    cause breakdowns or failures resulting in discharges of pollutants to 
    surface waters, and ensuring appropriate maintenance of such equipment 
    and systems.
        (c) Spill Prevention and Response Procedures--Areas where potential 
    spills could contribute pollutants to storm water discharges, and their 
    accompanying drainage points, shall be identified clearly in the storm 
    water pollution prevention plan. Where appropriate, specifying material 
    handling procedures, storage requirements, and use of equipment such as 
    diversion valves in the plan should be considered. Procedures and 
    equipment for cleaning up spills shall be identified in the plan and 
    made available to the appropriate personnel.
        (d) Inspections--Qualified facility personnel shall be identified 
    to inspect designated equipment and areas of the facility on a 
    quarterly basis. The following areas shall be included in all 
    inspections: storage area for vehicles and equipment awaiting 
    maintenance, fueling areas, vehicle and equipment maintenance areas 
    (both indoors and outdoors), material storage areas, vehicle and 
    equipment cleaning areas, and loading and unloading areas. Follow-up 
    procedures shall be used to ensure that appropriate actions are taken 
    in response to the inspections. Records of inspections shall be 
    maintained. The use of a checklist should be considered by the 
    facility.
        (e) Employee Training--Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management of the components and goals of the storm water 
    pollution prevention plan. Training should address topics such as spill 
    response, good housekeeping and material management practices. The 
    pollution prevention plan shall identify how often training will take 
    place; at a minimum, training must be held annually (once per calendar 
    year). Employee training must, at a minimum, address the following 
    areas when applicable to a facility: summary of the facility's 
    pollution prevention plan requirements; used oil management; spent 
    solvent management; spill prevention, response and control; fueling 
    procedures; general good housekeeping practices; proper painting 
    procedures; and used battery management.
        (f) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents (such as spills, or other discharges), along with other 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. 
    Inspections and maintenance activities shall be documented and records 
    of such activities shall be incorporated into the plan.
        (g) Non-storm Water Discharges.
        (i) The plan shall include a certification that the discharge has 
    been tested or evaluated for the presence of non-storm water 
    discharges. The certification shall include the identification of 
    potential significant sources of non-storm water at the site, a 
    description of the results of any test and/or evaluation for the 
    presence of non-storm water discharges, the evaluation criteria or 
    testing method used, the date of any testing and/or evaluation, and the 
    onsite drainage 
    
    [[Page 51205]]
    points that were directly observed during the test. Certifications 
    shall be signed in accordance with Part VII.G. (Signatory Requirements) 
    of this permit. Such certification may not be practical if the facility 
    operating the storm water discharge associated with industrial activity 
    does not have access to an outfall, manhole, or other point of access 
    to the ultimate conduit which receives the discharge. In such cases, 
    the source identification section of the storm water pollution 
    prevention plan shall indicate why the certification required by this 
    part was not practical, along with the identification of potential 
    significant sources of non-storm water at the site. A discharger that 
    is unable to provide the certification required by this paragraph must 
    notify the Director in accordance with Part XI.P.3.b.(3)(iv) (Failure 
    to Certify) of this permit.
        (ii) Except for flows from fire fighting activities, sources of 
    non-storm water listed in Part III.A.2. (Prohibition of Non-storm Water 
    Discharges) of this permit that are combined with storm water 
    discharges associated with industrial activity must be identified in 
    the plan. The plan shall identify and ensure the implementation of 
    appropriate pollution prevention measures for the non-storm water 
    component(s) of the discharge.
        (iii) A copy of the NPDES permit issued for vehicle and equipment 
    washwaters or, if an NPDES permit has not yet been issued, a copy of 
    the pending application must be attached to or referenced in the plan. 
    For facilities that discharge vehicle and equipment washwaters to the 
    sanitary sewer system, the operator of the sanitary system and 
    associated treatment plant must be notified. In such cases, a copy of 
    the notification letter must be attached to the plan. If an industrial 
    user permit is issued under a pretreatment program, a copy of that 
    permit must be attached in the plan. In all cases, any permit 
    conditions or pretreatment requirements must be considered in the plan. 
    If the washwaters are handled in another manner (e.g., hauled offsite), 
    the disposal method must be described and all pertinent documentation 
    (e.g., frequency, volume, destination, etc.) must be attached to the 
    plan.
        (iv) Failure to Certify--Any facility that is unable to provide the 
    certification required (testing for non-storm water discharges), must 
    notify the Director by [Insert date 270 days after permit issuance] or, 
    for facilities which begin to discharge storm water associated with 
    industrial activity after [Insert date 270 days after permit issuance], 
    180 days after submitting an NOI to be covered by this permit. If the 
    failure to certify is caused by the inability to perform adequate tests 
    or evaluations, such notification shall describe: the procedure of any 
    test conducted for the presence of non-storm water discharges; the 
    results of such test or other relevant observations; potential sources 
    of non-storm water discharges to the storm sewer; and why adequate 
    tests for such storm sewers were not feasible. Non-storm water 
    discharges to waters of the United States which are not authorized by 
    an NPDES permit are unlawful, and must be terminated.
        (h) Sediment and Erosion Control--The plan shall identify areas 
    which, due to topography, activities, or other factors, have a high 
    potential for significant soil erosion, and identify structural, 
    vegetative, and/or stabilization measures to be used to limit erosion.
        (i) Management of Runoff--The plan shall contain a narrative 
    consideration of the appropriateness of storm water management 
    practices (practices other than those which control the generation or 
    source(s) of pollutants) used to divert, infiltrate, reuse, or 
    otherwise manage storm water runoff in a manner that reduces pollutants 
    in storm water discharges from the site. The plan shall provide for the 
    implementation and maintenance of measures that the permittee 
    determines to be reasonable and appropriate. The potential of various 
    sources at the facility to contribute pollutants to storm water 
    discharges associated with industrial activity (see XI.P.3.b.(2) 
    (description of potential pollutant sources) of this permit) shall be 
    considered when determining reasonable and appropriate measures. 
    Appropriate measures or other equivalent measures may include: 
    vegetative swales and practices, reuse of collected storm water (such 
    as for a process or as an irrigation source), inlet controls (such as 
    oil/water separators), snow management activities, infiltration 
    devices, and wet detention/retention devices.
        (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
    shall conduct comprehensive site compliance evaluations at appropriate 
    intervals specified in the plan, but, in no case less than once a year. 
    Such evaluations shall provide:
        (a) Areas contributing to a storm water discharge associated with 
    industrial activity shall be visually inspected for evidence of, or the 
    potential for, pollutants entering the drainage system. Measures to 
    reduce pollutant loadings shall be evaluated to determine whether they 
    are adequate and properly implemented in accordance with the terms of 
    the permit or whether additional control measures are needed. 
    Structural storm water management measures, sediment and erosion 
    control measures, and other structural pollution prevention measures 
    identified in the plan shall be observed to ensure that they are 
    operating correctly. A visual inspection of equipment needed to 
    implement the plan, such as spill response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    Part XI.P.3.b.(2) (Description of Potential Pollutant Sources) of this 
    permit and pollution prevention measures and controls identified in the 
    plan in accordance with paragraph XI.P.3.b.(3) (Measures and Controls) 
    of this permit shall be revised as appropriate within 2 weeks of such 
    evaluation and shall provide for implementation of any changes to the 
    plan in a timely manner, but in no case more than 12 weeks after the 
    evaluation.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan, and actions taken in accordance with 
    paragraph XI.P.3.b.(3)(b) (above) of the permit shall be made and 
    retained as part of the storm water pollution prevention plan for at 
    least 3 years after the date of the evaluation. The report shall 
    identify any incidents of noncompliance. Where a report does not 
    identify any incidents of noncompliance, the report shall contain a 
    certification that the facility is in compliance with the storm water 
    pollution prevention plan and this permit. The report shall be signed 
    in accordance with Part VII.G. (Signatory Requirements) of this permit.
        (d) Where compliance evaluation schedules overlap with inspections 
    required under 3.a.(3)(d), the compliance evaluation may be conducted 
    in place of one such inspection.
    3. Numeric Effluent Limitations
        There are no additional numeric effluent limitations beyond those 
    described in Part V.B of this permit.
    4. Monitoring and Reporting Requirements
        a. Monitoring Requirements.
        (1) Quarterly Visual Examination of Storm Water Quality. Facilities 
    shall perform and document a visual examination of a storm water 
    discharge associated with industrial activity from each outfall, except 
    discharges 
    
    [[Page 51206]]
    exempted under paragraph (d) below. The examination(s) must be made at 
    least once in each designated period [described in (a), below] during 
    facility operation in the daylight hours unless there is insufficient 
    rainfall or snow melt to produce a runoff event.
        (a) Examinations shall be conducted in each of the following 
    periods for the purposes of visually inspecting storm water quality 
    associated with storm water runoff or snow melt: January through March; 
    April through June; July through September; and October through 
    December.
        (b) Examinations shall be made of samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    one hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual will carry out the collection and 
    examination of discharges for the life of the permit.
        When a discharger is unable to collect samples over the course of 
    the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examinations. Adverse weather conditions which 
    may prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricanes, tornadoes, electrical storms, etc.) or otherwise 
    make the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (c) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (d) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfalls provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explaining in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (e) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility remains inactive and unstaffed. The facility must maintain 
    a certification with the pollution prevention plan stating that the 
    site is inactive and unstaffed so that performing visual examinations 
    during a qualifying event is not feasible.
    
    Q. Storm Water Discharges Associated With Industrial Activity From 
    Water Transportation Facilities That Have Vehicle Maintenance Shops 
    and/or Equipment Cleaning Operations
    
    1. Discharges Covered Under This Section
        The requirements listed under this section shall apply to storm 
    water discharges from water transportation facilities that have vehicle 
    (vessel) maintenance shops and/or equipment cleaning operations. The 
    water transportation industry includes facilities engaged in foreign or 
    domestic transport of freight or passengers in deep sea or inland 
    waters; marine cargo handling operations; ferry operations; towing and 
    tugboat services; and marinas (facilities commonly identified by 
    Standard Industrial Classification (SIC) code Major Group 44).
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
    2. Special Conditions
        a. Prohibition of Non-storm Water Discharges. In addition to the 
    general discharge prohibitions in part III.A, this section specifically 
    prohibits non-storm water discharges of wastewaters, such as bilge and 
    ballast water, sanitary wastes, pressure wash water, and cooling water 
    originating from vessels. The operators of such discharges must obtain 
    coverage under a separate NPDES permit if discharged to waters of the 
    United States or through a municipal separate storm sewer system.
    3. Storm Water Pollution Prevention Plan Requirements
        a. Contents of Plan. The plan shall include, at a minimum, the 
    following items:
        (1) Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team who are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility or plant manager in its implementation, maintenance, and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        (2) Description of Potential Pollutant Sources. Each plan shall 
    provide a description of potential sources which may reasonably be 
    expected to add significant amounts of pollutants to storm water 
    discharges or which may result in the discharge of pollutants during 
    dry weather from separate storm sewers draining the facility. Each plan 
    shall identify all activities and significant materials which may 
    potentially be significant pollutant sources. Each plan shall include, 
    at a minimum:
        (a) Drainage.
    
    [[Page 51207]]
    
        (i) A site map indicating an outline of the portions of the 
    drainage area of each storm water outfall that are within the facility 
    boundaries, each existing structural control measure to reduce 
    pollutants in storm water runoff, surface water bodies, locations where 
    significant materials are exposed to precipitation, locations where 
    major spills or leaks identified under Part XI.Q.3.a.(2)(c) (Spills and 
    Leaks) of this section have occurred, and the locations of the 
    following activities where such activities are exposed to 
    precipitation: fueling, engine maintenance and repair, vessel 
    maintenance and repair, pressure washing, painting, sanding, blasting, 
    welding, metal fabrication, loading/unloading areas, locations used for 
    the treatment, storage or disposal of wastes; liquid storage tanks, 
    liquid storage areas (i.e., paint, solvents, resins), and material 
    storage areas (i.e., blasting media, aluminum, steel, scrap iron). In 
    addition, the map must indicate the outfall locations and the types of 
    discharges contained in the drainage areas of the outfalls.
        (ii) For each area of the facility that generates storm water 
    discharges associated with industrial activity with a reasonable 
    potential for containing significant amounts of pollutants, a 
    prediction of the direction of flow, and an identification of the types 
    of pollutants which are likely to be present in storm water discharges 
    associated with industrial activity. Factors to consider include the 
    toxicity of chemical; quantity of chemicals used, produced or 
    discharged; the likelihood of contact with storm water; and history of 
    significant leaks or spills of toxic or hazardous pollutants. Flows 
    with a significant potential for causing erosion shall be identified.
        (b) Inventory of Exposed Materials--An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation. Such inventory shall include a narrative description of 
    significant materials that have been handled, treated, stored or 
    disposed in a manner to allow exposure to storm water between the time 
    of 3 years prior to the date of the submission of a Notice of Intent 
    (NOI) to be covered under this permit and the present; method and 
    location of onsite storage or disposal; materials management practices 
    employed to minimize contact of materials with storm water runoff 
    between the time of 3 years prior to the date of the submission of a 
    Notice of Intent (NOI) to be covered under this permit and the present; 
    the location and a description of existing structural and nonstructural 
    control measures to reduce pollutants in storm water runoff; and a 
    description of any treatment the storm water receives.
        (c) Spills and Leaks--A list of significant spills and significant 
    leaks of toxic or hazardous pollutants that occurred at areas that are 
    exposed to precipitation or that otherwise drain to a storm water 
    conveyance at the facility after the date of 3 years prior to the date 
    of the submission of a Notice of Intent (NOI) to be covered under this 
    permit. Such list shall be updated as appropriate during the term of 
    the permit.
        (d) Sampling Data--A summary of existing discharge sampling data 
    describing pollutants in storm water discharges from the facility, 
    including a summary of sampling data collected during the term of this 
    permit.
        (e) Risk Identification and Summary of Potential Pollutant 
    Sources--A narrative description of the potential pollutant sources 
    from the following activities if applicable: loading and unloading 
    operations; outdoor storage activities; outdoor manufacturing or 
    processing activities (i.e., welding, metal fabricating); significant 
    dust or particulate generating processes (i.e., abrasive blasting, 
    sanding, painting); loading/unloading areas; and onsite waste disposal 
    practices. The description shall specifically list any significant 
    potential source of pollutants at the site and for each potential 
    source, any pollutant or pollutant parameter (e.g., biochemical oxygen 
    demand, etc.) of concern shall be identified.
        (3) Measures and Controls. Each facility covered by this permit 
    shall develop a description of storm water management controls 
    appropriate for the facility, and implement such controls. The 
    appropriateness and priorities of controls in a plan shall reflect 
    identified potential sources of pollutants at the facility. The 
    description of storm water management controls shall address the 
    following minimum components, including a schedule for implementing 
    such controls:
        (a) Good Housekeeping--Good housekeeping requires the maintenance 
    of areas which may contribute pollutants to storm water discharges in a 
    clean, orderly manner. The following areas must be specifically 
    addressed, when applicable at a facility:
        (i) Pressure Washing Area--When pressure washing is used to remove 
    marine growth from vessels, the discharge water must be permitted by an 
    NPDES permit. The pollution prevention plan must describe the measures 
    to collect or contain the discharge from the pressure washing area, 
    detail the method for the removal of the visible solids, describe the 
    method of disposal of the collected solids, and identify where the 
    discharge will be released (i.e., the receiving waterbody, storm sewer 
    system, sanitary sewer system).
        (ii) Blasting and Painting Areas--The facility must consider 
    containing all blasting and painting activities to prevent abrasives, 
    paint chips, and overspray from reaching the receiving water or the 
    storm sewer system. The plan must describe measures taken at the 
    facility to prevent or minimize the discharge of spent abrasive, paint 
    chips, and paint into the receiving waterbody and storm sewer system. 
    The facility may consider hanging plastic barriers or tarpaulins during 
    blasting or painting operations to contain debris. Where required, a 
    schedule for cleaning storm water conveyances to remove deposits of 
    abrasive blasting debris and paint chips should be addressed within the 
    plan. The plan should include any standard operating practices with 
    regard to blasting and painting activities. Such included items may be 
    the prohibition of performing uncontained blasting and painting over 
    open water or blasting and painting during windy conditions which can 
    render containment ineffective.
        (iii) Material Storage Areas--All stored and containerized 
    materials (fuels, paints, solvents, waste oil, antifreeze, batteries) 
    must be stored in a protected, secure location away from drains and 
    plainly labeled. The plan must describe measures that prevent or 
    minimize contamination of the storm water runoff from such storage 
    areas. The facility must specify which materials are stored indoors and 
    consider containment or enclosure for materials that are stored 
    outdoors. Above ground storage tanks, drums, and barrels permanently 
    stored outside must be delineated on the site map with a description of 
    the containment measures in place to prevent leaks and spills. The 
    facility must consider implementing an inventory control plan to 
    prevent excessive purchasing, storage, and handling of potentially 
    hazardous materials. Those facilities where abrasive blasting is 
    performed must specifically include a discussion on the storage and 
    disposal of spent abrasive materials generated at the facility.
        (iv) Engine Maintenance and Repair Areas--The plan must describe 
    measures that prevent or minimize contamination of the storm water 
    runoff from all areas used for engine maintenance and repair. The 
    facility may consider performing all maintenance activities indoors, 
    
    [[Page 51208]]
    maintaining an organized inventory of materials used in the shop, 
    draining all parts of fluids prior to disposal, prohibiting the 
    practice of hosing down the shop floor, using dry cleanup methods, and/
    or collecting the storm water runoff from the maintenance area and 
    providing treatment or recycling.
        (v) Material Handling Areas--The plan must describe measures that 
    prevent or minimize contamination of the storm water runoff from 
    material handling operations and areas (i.e., fueling, paint and 
    solvent mixing, disposal of process wastewater streams from vessels). 
    The facility may consider covering fueling areas; using spill and 
    overflow protection; mixing paints and solvents in a designated area, 
    preferably indoors or under a shed; and minimizing runon of storm water 
    to material handling areas or other equivalent measures. Where 
    applicable, the plan must address the replacement or repair of leaking 
    connections, valves, pipes, hoses, and soil chutes carrying wastewater 
    from vessels.
        (vi) Drydock Activities--The plan must address the routine 
    maintenance and cleaning of the drydock to minimize the potential for 
    pollutants in the storm water runoff. The plan must describe the 
    procedures for cleaning the accessible areas of the drydock prior to 
    flooding and final cleanup after the vessel is removed and the dock is 
    raised. Cleanup procedures for oil, grease, or fuel spills occurring on 
    the drydock must also be included within the plan. The facility should 
    consider items such as sweeping rather than hosing off debris and spent 
    blasting material from the accessible areas of the drydock prior to 
    flooding and having absorbent materials and oil containment booms 
    readily available to contain and cleanup any spills or other equivalent 
    measures.
        (vii) General Yard Area--The plan must include a schedule for 
    routine yard maintenance and cleanup. Scrap metal, wood, plastic, 
    miscellaneous trash, paper, glass, industrial scrap, insulation, 
    welding rods, packaging, etc., must be routinely removed from the 
    general yard area. The facility may consider such measures as providing 
    covered trash receptacles in each yard, on each pier, and on board each 
    vessel being repaired.
        (b) Preventive Maintenance--A preventive maintenance program shall 
    involve timely inspection and maintenance of storm water management 
    devices (e.g., cleaning oil/water separators, sediment traps to ensure 
    that spent abrasives, paint chips, and solids will be intercepted and 
    retained prior to entering the storm drainage system) as well as 
    inspecting and testing facility equipment and systems to uncover 
    conditions that could cause breakdowns or failures resulting in 
    discharges of pollutants to surface waters, and ensuring appropriate 
    maintenance of such equipment and systems.
        (c) Spill Prevention and Response Procedures--Areas where potential 
    spills which can contribute pollutants to storm water discharges can 
    occur, and their accompanying drainage points shall be identified 
    clearly in the storm water pollution prevention plan. Where 
    appropriate, specifying material handling procedures, storage 
    requirements, and use of equipment such as diversion valves in the plan 
    should be considered. Procedures for cleaning up spills shall be 
    identified in the plan and made available to the appropriate personnel. 
    The necessary equipment to implement a clean up should be available to 
    personnel.
        (d) Inspections--Qualified facility personnel shall be identified 
    to inspect designated equipment and areas of the facility on a monthly 
    basis. The following areas shall be included in all inspections: 
    pressure washing area; blasting, sanding, and painting areas; material 
    storage areas; engine maintenance and repair areas; material handling 
    areas; drydock area; and general yard area. A set of tracking or 
    follow-up procedures shall be used to ensure that appropriate actions 
    are taken in response to the inspections. Records of inspections shall 
    be maintained.
        (e) Employee Training--Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management at all levels of responsibility of the 
    components and goals of the storm water pollution prevention plan. 
    Training should address topics such as spill response, good 
    housekeeping and material management practices. The pollution 
    prevention plan shall identify how often training will take place, but 
    in all cases training must be held at least annually (once per calendar 
    year). Employee training must, at a minimum, address the following 
    areas when applicable to a facility: used oil management; spent solvent 
    management; proper disposal of spent abrasives; proper disposal of 
    vessel wastewaters, spill prevention and control; fueling procedures; 
    general good housekeeping practices; proper painting and blasting 
    procedures; and used battery management. Employees, independent 
    contractors, and customers must be informed about BMPs and be required 
    to perform in accordance with these practices. The facility must 
    consider posting instructions, easy to read descriptions or graphic 
    depictions of BMPs, spill control/clean-up equipment and emergency 
    phone numbers in the work areas.
        (f) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents (such as spills, or other discharges), along with other 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. 
    Inspections and maintenance activities shall be documented and records 
    of such activities shall be incorporated into the plan.
        (g) Non-storm Water Discharges.
        (i) The plan shall include a certification that the discharge has 
    been tested or evaluated for the presence of non-storm water 
    discharges. The certification shall include the identification of 
    potential significant sources of non-storm water at the site, a 
    description of the results of any test and/or evaluation for the 
    presence of non-storm water discharges, the evaluation criteria or 
    testing method used, the date of any testing and/or evaluation, and the 
    onsite drainage points that were directly observed during the test. 
    Certifications shall be signed in accordance with Part VII.G. of this 
    permit. Such certification may not be feasible if the facility 
    operating the storm water discharge associated with industrial activity 
    does not have access to an outfall, manhole, or other point of access 
    to the ultimate conduit which receives the discharge. In such cases, 
    the source identification section of the storm water pollution 
    prevention plan shall indicate why the certification required by this 
    part was not feasible, along with the identification of potential 
    significant sources of non-storm water at the site. A discharger that 
    is unable to provide the certification required by this paragraph must 
    notify the Director in accordance with paragraph XI.Q.3.a.(3)(g)(iii) 
    (below).
        (ii) Except for flows from fire fighting activities, sources of 
    non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
    Discharges) of this permit that are combined with storm water 
    discharges associated with industrial activity must be identified in 
    the plan. The plan shall identify and ensure the implementation of 
    appropriate pollution prevention measures for the non-storm water 
    component(s) of the discharge.
        (iii) Failure to Certify--Any facility that is unable to provide 
    the certification required (testing for non-storm water discharges), 
    must notify the 
    
    [[Page 51209]]
    Director by [Insert date 270 days after permit issuance] or, for 
    facilities which begin to discharge storm water associated with 
    industrial activity after [Insert date 270 days after permit issuance], 
    180 days after submitting an NOI to be covered by this permit. If the 
    failure to certify is caused by the inability to perform adequate tests 
    or evaluations, such notification shall describe: the procedure of any 
    test conducted for the presence of non-storm water discharges; the 
    results of such test or other relevant observations; potential sources 
    of non-storm water discharges to the storm sewer; and why adequate 
    tests for such storm sewers were not feasible. Non-storm water 
    discharges to waters of the United States which are not authorized by 
    an NPDES permit are unlawful, and must be terminated.
        (h) Sediment and Erosion Control--The plan shall identify areas 
    which, due to topography, activities, or other factors, have a high 
    potential for significant soil erosion, and identify structural, 
    vegetative, and/or stabilization measures to be used to limit erosion.
        (i) Management of Runoff--The plan shall contain a narrative 
    consideration of the appropriateness of traditional storm water 
    management practices (practices other than those which control the 
    generation or source(s) of pollutants) used to divert, infiltrate, 
    reuse, or otherwise manage storm water runoff in a manner that reduces 
    pollutants in storm water discharges from the site. The plan shall 
    provide that measures that the permittee determines to be reasonable 
    and appropriate shall be implemented and maintained. The potential of 
    various sources at the facility to contribute pollutants to storm water 
    discharges associated with industrial activity [see paragraph 
    XI.Q.3.a.(2) of this section (Description of Potential Pollutant 
    Sources)] shall be considered when determining reasonable and 
    appropriate measures. Appropriate measures or equivalent measures may 
    include: vegetative swales and practices, reuse of collected storm 
    water (such as for a process or as an irrigation source), inlet 
    controls (such as oil/water separators), snow management activities, 
    infiltration devices, and wet detention/retention devices.
        (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
    shall conduct site compliance evaluations at appropriate intervals 
    specified in the plan, but in no case less than once a year. Such 
    evaluations shall provide:
        (a) Areas contributing to a storm water discharge associated with 
    industrial activity (pressure washing area, blasting and sanding areas, 
    painting areas, material storage areas, engine maintenance and repair 
    areas, material handling areas, and drydock area) shall be visually 
    inspected for evidence of, or the potential for, pollutants entering 
    the drainage system. Measures to reduce pollutant loadings shall be 
    evaluated to determine whether they are adequate and properly 
    implemented in accordance with the terms of the permit or whether 
    additional control measures are needed. Structural storm water 
    management measures, sediment and erosion control measures, and other 
    structural pollution prevention measures identified in the plan shall 
    be observed to ensure that they are operating correctly. A visual 
    inspection of equipment needed to implement the plan, such as spill 
    response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    paragraph XI.Q.3.a.(2) of this section (Description of Potential 
    Pollutant Sources) and pollution prevention measures and controls 
    identified in the plan in accordance with paragraph XI.Q.3.a.(3) of 
    this section (Measures and Controls) shall be revised as appropriate 
    within 2 weeks of such evaluation and shall provide for implementation 
    of any changes to the plan in a timely manner, but in no case more than 
    12 weeks after the evaluation.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan, and actions taken in accordance with 
    paragraph XI.Q.3.a.(4)(b) (above) of the permit shall be made and 
    retained as part of the storm water pollution prevention plan for at 
    least 3 years from the date of the inspection. The report shall 
    identify any incidents of noncompliance. Where a report does not 
    identify any incidents of noncompliance, the report shall contain a 
    certification that the facility is in compliance with the storm water 
    pollution prevention plan and this permit. The report shall be signed 
    in accordance with Part VII.G. (Signatory Requirements) of this permit.
        (d) Where compliance evaluation schedules overlap with inspections 
    required under 3.a.(3)(d), the compliance evaluation may be conducted 
    in place of one such inspection.
    4. Numeric Effluent Limitations
        There are no additional numeric effluent limitations beyond those 
    described in Part V.B of this permit.
    5. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. During the period beginning 
    [insert date 1 year after permit issuance] lasting through [insert date 
    2 years after permit issuance] and the period beginning [insert date 3 
    years after permit issuance] lasting through [insert date 4 years after 
    permit issuance], permittees with water transportation facilities must 
    monitor their storm water discharges associated with industrial 
    activity at least quarterly (4 times per year) during years 2 and 4 
    except as provided in paragraphs 5.a.(3) (Sampling Waiver), 5.a.(4) 
    (Representative Discharge), and 5.a.(5) (Alternative Certification). 
    Water transportation facilities are required to monitor their storm 
    water discharges for the pollutants of concern listed in Table Q-1 
    below. Facilities must report in accordance with 5.b. (Reporting). In 
    addition to the parameters listed in Table Q-1 below, the permittee 
    shall provide the date and duration (in hours) of the storm event(s) 
    sampled; rainfall measurements or estimates (in inches) of the storm 
    event that generated the sampled runoff; the duration between the storm 
    event sampled and the end of the previous measurable (greater than 0.1 
    inch rainfall) storm event; and an estimate of the total volume (in 
    gallons) of the discharge sampled.
    
                       Table Q-1.--Monitoring Requirements                  
    ------------------------------------------------------------------------
                                                             Monitoring cut-
                     Pollutants of concern                         off      
                                                              concentration 
    ------------------------------------------------------------------------
    Total Recoverable Aluminum............................  0.75 mg/L       
    Total Recoverable Iron................................  1.0 mg/L        
    Total Recoverable Lead................................  0.0816 mg/L     
    Total Recoverable Zinc................................  0.065 mg/L      
    ------------------------------------------------------------------------
    
        (1) Monitoring Periods. Water transportation facilities shall 
    monitor samples collected during the sampling periods of: January to 
    March, April to June, July to September, and October to December for 
    the years specified in paragraph a. (above).
        (2) Sample Type. A minimum of one grab sample shall be taken. All 
    such samples shall be collected from the discharge resulting from a 
    storm event that is greater than 0.1 inches in magnitude and that 
    occurs at least 72 hours from the previously measurable (greater than 
    0.1 inch rainfall) storm 
    
    [[Page 51210]]
    event. The required 72-hour storm event interval is waived where the 
    preceding measurable storm event did not result in a measurable 
    discharge from the facility. The required 72-hour storm event interval 
    may also be waived where the permittee documents that less than a 72-
    hour interval is representative for local storm events during the 
    season when sampling is being conducted. The grab sample shall be taken 
    during the first 30 minutes of the discharge. If the collection of a 
    grab sample during the first 30 minutes is impracticable, a grab sample 
    can be taken during the first hour of the discharge, and the discharger 
    shall submit with the monitoring report a description of why a grab 
    sample during the first 30 minutes was impracticable. If storm water 
    discharges associated with industrial activity commingle with process 
    or non-process water, then where practicable permittees must attempt to 
    sample the storm water discharge before it mixes with the non-storm 
    water discharge.
        (3) Sampling Waiver.
        (a) Adverse Conditions--When a discharger is unable to collect 
    samples within a specified sampling period due to adverse climatic 
    conditions, the discharger shall collect a substitute sample from a 
    separate qualifying event in the next period and submit the data along 
    with data for the routine sample in that period. Adverse weather 
    conditions that may prohibit the collection of samples include weather 
    conditions that create dangerous conditions for personnel (such as 
    local flooding, high winds, hurricane, tornadoes, electrical storms, 
    etc.) or otherwise make the collection of a sample impracticable 
    (drought, extended frozen conditions, etc.).
        (b) Low Concentration Waiver--When the average concentration for a 
    pollutant calculated from all monitoring data collected from an outfall 
    during the monitoring period [insert date 1 year after permit issuance] 
    lasting through [insert date 2 years after permit issuance] is less 
    than the corresponding value for that pollutant listed in Table Q-1 
    under the column Monitoring Cut-off Concentration, a facility may waive 
    monitoring and reporting requirements in the monitoring period 
    beginning [insert date 3 years after permit issuance] lasting through 
    [insert date 4 years after permit issuance]. The facility must submit 
    to the Director, in lieu of the monitoring data, a certification that 
    there has not been a significant change in industrial activity or the 
    pollution prevention measures in area of the facility which drains to 
    the outfall for which sampling was waived.
        (c) When a discharger is unable to conduct quarterly chemical storm 
    water sampling at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirements as long 
    as the facility remains inactive and unstaffed. The facility must 
    submit to the Director, in lieu of monitoring data, a certification 
    statement on the DMR stating that the site is inactive and unstaffed so 
    that collecting a sample during a qualifying event is not possible.
        (4) Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluents. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan. The permittee shall 
    include the description of the location of the outfalls, explanation of 
    why outfalls are expected to discharge substantially identical 
    effluents, and estimate of the size of the drainage area and runoff 
    coefficient with the Discharge Monitoring Report.
        (5) Alternative Certification. A discharger is not subject to the 
    monitoring requirements of this section provided the discharger makes a 
    certification for a given outfall or on a pollutant-by-pollutant basis 
    in lieu of monitoring reports required under paragraph b below, under 
    penalty of law, signed in accordance with Part VII.G. (Signatory 
    Requirements), that material handling equipment or activities, raw 
    materials, intermediate products, final products, waste materials, by-
    products, industrial machinery or operations, or significant materials 
    from past industrial activity that are located in areas of the facility 
    within the drainage area of the outfall are not presently exposed to 
    storm water and are not expected to be exposed to storm water for the 
    certification period. Such certification must be retained in the storm 
    water pollution prevention plan, and submitted to EPA in accordance 
    with Part VI.C. of this permit. In the case of certifying that a 
    pollutant is not present, the permittee must submit the certification 
    along with the monitoring reports required under paragraph (b) below. 
    If the permittee cannot certify for an entire period, they must submit 
    the date exposure was eliminated and any monitoring required up until 
    that date. This certification option is not applicable to compliance 
    monitoring requirements associated with effluent limitations.
        b. Reporting. Permittees with water transportation facilities shall 
    submit monitoring results for each outfall associated with industrial 
    activity [or a certification in accordance with Sections (3), (4), or 
    (5) above] obtained during the reporting period beginning [insert date 
    1 year after permit issuance] lasting through [insert date 2 years 
    after permit issuance] on Discharge Monitoring Report Form(s) 
    postmarked no later than the 31st day of the following March [insert 
    the date 2 years after permit issuance]. Monitoring results [or a 
    certification in accordance with Sections (3), (4), or (5) above] 
    obtained during the period beginning [insert date 3 years after permit 
    issuance] lasting through [insert date 4 years after permit issuance] 
    shall be submitted on Discharge Monitoring Report Form(s) postmarked no 
    later than the 31st day of the following March. For each outfall, one 
    signed Discharge Monitoring Report form must be submitted to the 
    Director per storm event sampled. Signed copies of Discharge Monitoring 
    Reports, or said certifications, shall be submitted to the Director of 
    the NPDES program at the address of the appropriate Regional Office 
    listed in Part VI.G. of the fact sheet.
        (1) Additional Notification. In addition to filing copies of 
    discharge monitoring reports in accordance with paragraph b (above), 
    water transportation facilities with at least one storm water discharge 
    associated with industrial activity through a large or medium municipal 
    separate storm sewer system (systems serving a population of 100,000 or 
    more) must submit signed copies of discharge monitoring reports to the 
    operator of the municipal separate storm sewer system in accordance 
    with the dates provided in paragraph b (above).
        c. Quarterly Visual Examination of Storm Water Quality. Facilities 
    shall perform and document a visual examination of a storm water 
    discharge associated with industrial activity from each outfall, except 
    discharges 
    
    [[Page 51211]]
    exempted below. The examination must be made at least once in each 
    designated period [described in paragraph (1) below] during daylight 
    hours unless there is insufficient rainfall or snow melt to produce a 
    runoff event.
        (1) Examinations shall be conducted in each of the following 
    periods for the purposes of visually inspecting storm water quality 
    associated with storm water runoff or snowmelt: January through March; 
    April through June; July through September; and October through 
    December.
        (2) Examinations shall be made of samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    1 hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual should carry out the collection and 
    examination of discharges for entire permit term.
        (3) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (4) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfall(s) provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (5) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examination. Adverse weather conditions which may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (6) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility remains inactive and unstaffed. The facility must maintain 
    a certification with the pollution prevention plan stating that the 
    site is inactive and unstaffed so that performing visual examinations 
    during a qualifying event is not feasible.
    
    R. Storm Water Discharges Associated With Industrial Activity From Ship 
    and Boat Building or Repairing Yards
    
    1. Discharges Covered Under This Section
        The requirements listed under this section apply to storm water 
    discharges from facilities engaged in ship building and repairing and 
    boat building and repairing 5 (Standard Industrial Classification 
    (SIC) code 373).
    
        \5\ According to the U.S. Coast Guard, a vessel 65 feet or 
    greater in length is referred to as a ship, and a vessel smaller 
    than 65 feet is a boat.
    ---------------------------------------------------------------------------
    
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
    2. Special Conditions
        a. Prohibition of Non-storm Water Discharges. In addition to the 
    prohibitions listed in Part III.A of the permit, this section 
    specifically prohibits non-storm water discharges of wastewaters, such 
    as bilge and ballast water, pressure wash water, sanitary wastes, and 
    cooling water originating from vessels, are not authorized by this 
    permit. The operators of such discharges must obtain coverage under a 
    separate NPDES permit if discharged to waters of the United States or 
    through a municipal separate storm sewer system.
    3. Storm Water Pollution Prevention Plan Requirements
        a. Contents of Plan. The plan shall include, at a minimum, the 
    following items:
        (1) Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team that are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility or plant manager in its implementation, maintenance, and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        (2) Description of Potential Pollutant Sources. Each plan shall 
    provide a description of potential sources which may reasonably be 
    expected to add significant amounts of pollutants to storm water 
    discharges or which may result in the discharge of pollutants during 
    dry weather from separate storm sewers draining the facility. Each plan 
    shall identify all activities and significant materials which may 
    potentially be significant pollutant sources. Each plan shall include, 
    at a minimum:
        (a) Drainage.
        (i) A site map indicating the location of the outfalls and the 
    types of discharges contained in the drainage areas of the outfalls, an 
    outline of the portions of the drainage area of each storm water 
    outfall that are within the facility boundaries, each existing 
    structural control measure to reduce pollutants in storm water runoff, 
    surface 
    
    [[Page 51212]]
    water bodies, locations where significant materials are exposed to 
    precipitation, locations where major spills or leaks identified under 
    Part XI.R.3.a.(2)(c) (Spills and Leaks) of this section have occurred, 
    and the locations of the following activities where such activities are 
    exposed to precipitation: fueling, engine maintenance and repair, 
    vessel maintenance and repair, pressure washing, painting, sanding, 
    blasting, welding, metal fabrication, loading/unloading areas, 
    locations used for the treatment, storage or disposal of wastes; liquid 
    storage tanks, liquid storage areas (i.e., paint, solvents, resins), 
    and material storage areas (i.e., blasting media, aluminum, steel, 
    scrap iron).
        (ii) For each area of the facility that generates storm water 
    discharges associated with industrial activity with a reasonable 
    potential for containing significant amounts of pollutants, a 
    prediction of the direction of flow, and an identification of the types 
    of pollutants which are likely to be present in storm water discharges 
    associated with industrial activity. Factors to consider include the 
    toxicity of a chemical; quantity of chemicals used, produced or 
    discharged; the likelihood of contact with storm water; and history of 
    significant leaks or spills of toxic or hazardous pollutants. Flows 
    with a significant potential for causing erosion shall be identified.
        (b) Inventory of Exposed Materials--An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation. Such inventory shall include a narrative description of 
    significant materials that have been handled, treated, stored or 
    disposed in a manner to allow exposure to storm water between the time 
    of 3 years prior to the date of the submission of a Notice of Intent 
    (NOI) to be covered under this permit and the present; method and 
    location of onsite storage or disposal; materials management practices 
    employed to minimize contact of materials with storm water runoff 
    between the time of 3 years prior to the date of the submission of a 
    Notice of Intent (NOI) to be covered under this permit and the present; 
    the location and a description of existing structural and nonstructural 
    control measures to reduce pollutants in storm water runoff; and a 
    description of any treatment the storm water receives.
        (c) Spills and Leaks--A list of significant spills and significant 
    leaks of toxic or hazardous pollutants that occurred at areas that are 
    exposed to precipitation or that otherwise drain to a storm water 
    conveyance at the facility after the date of 3 years prior to the date 
    of the submission of a Notice of Intent (NOI) to be covered under this 
    permit. Such list shall be updated as appropriate during the term of 
    the permit.
        (d) Sampling Data--A summary of existing discharge sampling data 
    describing pollutants in storm water discharges from the facility, 
    including a summary of sampling data collected during the term of this 
    permit.
        (e) Risk Identification and Summary of Potential Pollutant 
    Sources--A narrative description of the potential pollutant sources 
    from the following activities if applicable: loading and unloading 
    operations; outdoor storage activities; outdoor manufacturing or 
    processing activities (i.e., welding, metal fabricating); significant 
    dust or particulate generating processes (i.e., abrasive blasting, 
    sanding, painting); loading/unloading areas; and onsite waste disposal 
    practices. The description shall specifically list any significant 
    potential source of pollutants at the site and for each potential 
    source, any pollutant or pollutant parameter (e.g., biochemical oxygen 
    demand, etc.) of concern shall be identified.
        (3) Measures and Controls. Each facility covered by this permit 
    shall develop a description of storm water management controls 
    appropriate for the facility, and implement such controls. The 
    appropriateness and priorities of controls in a plan shall reflect 
    identified potential sources of pollutants at the facility. The 
    description of storm water management controls shall address the 
    following minimum components, including a schedule for implementing 
    such controls:
        (a) Good Housekeeping--Good housekeeping requires the maintenance 
    of areas which may contribute pollutants to storm water discharges in a 
    clean, orderly manner. The following areas must be specifically 
    addressed, when applicable at a facility:
        (i) Pressure Washing Area--When pressure washing is used to remove 
    marine growth from vessels, the discharge water must be permitted as a 
    process wastewater by an NPDES permit.
        (ii) Blasting and Painting Areas--The facility must consider 
    containing all blasting and painting activities to prevent abrasives, 
    paint chips, and overspray from reaching the receiving water or the 
    storm sewer system. The plan must describe measures taken at the 
    facility to prevent or minimize the discharge of spent abrasive, paint 
    chips, and paint into the receiving waterbody and storm sewer system. 
    The facility may consider hanging plastic barriers or tarpaulins during 
    blasting or painting operations to contain debris. Where required, a 
    schedule for cleaning storm systems to remove deposits of abrasive 
    blasting debris and paint chips should be addressed within the plan. 
    The plan should include any standard operating practices with regard to 
    blasting and painting activities. Practices may include the prohibition 
    of performing uncontained blasting and painting over open water or 
    blasting and painting during windy conditions which can render 
    containment ineffective.
        (iii) Material Storage Areas--All stored and containerized 
    materials (fuels, paints, solvents, waste oil, antifreeze, batteries) 
    must be stored in a protected, secure location away from drains and 
    plainly labeled. The plan must describe measures that prevent or 
    minimize contamination of the storm water runoff from such storage 
    areas. The facility must specify which materials are stored indoors and 
    consider containment or enclosure for materials that are stored 
    outdoors. Above ground storage tanks, drums, and barrels permanently 
    stored outside must be delineated on the site map with a description of 
    the containment measures in place to prevent leaks and spills. The 
    facility must consider implementing an inventory control plan to 
    prevent excessive purchasing, storage, and handling of potentially 
    hazardous materials. Those facilities where abrasive blasting is 
    performed must specifically include a discussion on the storage and 
    disposal of spent abrasive materials generated at the facility.
        (iv) Engine Maintenance and Repair Areas--The plan must describe 
    measures that prevent or minimize contamination of the storm water 
    runoff from all areas used for engine maintenance and repair. The 
    facility must consider performing all maintenance activities indoors, 
    maintaining an organized inventory of materials used in the shop, 
    draining all parts of fluids prior to disposal, prohibiting wet clean 
    up practice where the practice would result in the exposure of 
    pollutants to storm water, using dry cleanup methods, and/or collecting 
    the storm water runoff from the maintenance area and providing 
    treatment or recycling.
        (v) Material Handling Areas--The plan must describe measures that 
    prevent or minimize contamination of the storm water runoff from 
    material handling operations and areas (i.e., fueling, paint & solvent 
    mixing, disposal of process wastewater streams from vessels). The 
    facility must consider covering fueling areas; using spill and overflow 
    protection; mixing paints and 
    
    [[Page 51213]]
    solvents in a designated area, preferably indoors or under a shed; and 
    minimizing runon of storm water to material handling areas. Where 
    applicable, the plan must address the replacement or repair of leaking 
    connections, valves, pipes, hoses, and soil chutes carrying wastewater 
    from vessels.
        (vi) Drydock Activities--The plan must address the routine 
    maintenance and cleaning of the drydock to minimize the potential for 
    pollutants in the storm water runoff. The plan must describe the 
    procedures for cleaning the accessible areas of the drydock prior to 
    flooding and final cleanup after the vessel is removed and the dock is 
    raised. Cleanup procedures for oil, grease, or fuel spills occurring on 
    the drydock must also be included within the plan. The facility must 
    consider items such as sweeping rather than hosing off debris and spent 
    blasting material from the accessible areas of the drydock prior to 
    flooding and having absorbent materials and oil containment booms 
    readily available to contain and cleanup any spills.
        (vii) General Yard Area--The plan must include a schedule for 
    routine yard maintenance and cleanup. Scrap metal, wood, plastic, 
    miscellaneous trash, paper, glass, industrial scrap, insulation, 
    welding rods, packaging, etc., must be routinely removed from the 
    general yard area. The facility must consider such measures as 
    providing covered trash receptacles in each yard, on each pier, and on 
    board each vessel being repaired.
        (b) Preventive Maintenance--A preventive maintenance program shall 
    involve timely inspection and maintenance of storm water management 
    devices (e.g., cleaning oil/water separators, sediment traps to ensure 
    that spent abrasives, paint chips, and solids will be intercepted and 
    retained prior to entering the storm drainage system) as well as 
    inspecting and testing facility equipment and systems to uncover 
    conditions that could cause breakdowns or failures resulting in 
    discharges of pollutants to surface waters, and ensuring appropriate 
    maintenance of such equipment and systems.
        (c) Spill Prevention and Response Procedures--Areas where potential 
    spills which can contribute pollutants to storm water discharges can 
    occur, and their accompanying drainage points shall be identified 
    clearly in the storm water pollution prevention plan. Where 
    appropriate, specifying material handling procedures, storage 
    requirements, and use of equipment such as diversion valves in the plan 
    should be considered. Procedures for cleaning up spills shall be 
    identified in the plan and made available to the appropriate personnel. 
    The necessary equipment to implement a clean up should be available to 
    personnel.
        (d) Inspections--Qualified facility personnel shall be identified 
    to inspect designated equipment and areas of the facility on a monthly 
    basis. The following areas shall be included in all inspections: 
    pressure washing area; blasting, sanding, and painting areas; material 
    storage areas; engine maintenance and repair areas; material handling 
    areas; drydock area; and general yard area. A set of tracking or 
    follow-up procedures shall be used to ensure that appropriate actions 
    are taken in response to the inspections. Records of inspections shall 
    be maintained.
        (e) Employee Training--Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management at all levels of responsibility of the 
    components and goals of the storm water pollution prevention plan. The 
    pollution prevention plan shall identify how often training will take 
    place, but in all cases training must be held at least annually (once 
    per calendar year). Employee training must, at a minimum, address the 
    following areas when applicable to a facility: used oil management; 
    spent solvent management; proper disposal of spent abrasives; proper 
    disposal of vessel wastewaters, spill prevention and control; fueling 
    procedures; general good housekeeping practices; proper painting and 
    blasting procedures; and used battery management. Employees, 
    independent contractors, and customers must be informed about BMPs and 
    be required to perform in accordance with these practices. The facility 
    should consider posting easy to read descriptions or graphic depictions 
    of BMPs and emergency phone numbers in the work areas.
        (f) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents (such as spills, or other discharges), along with other 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. 
    Inspections and maintenance activities shall be documented and records 
    of such activities shall be incorporated into the plan.
        (g) Non-storm Water Discharges.
        (i) The plan shall include a certification that the discharge has 
    been tested or evaluated for the presence of non-storm water 
    discharges. The certification shall include the identification of 
    potential significant sources of non-storm water at the site, a 
    description of the results of any test and/or evaluation for the 
    presence of non-storm water discharges, the evaluation criteria or 
    testing method used, the date of any testing and/or evaluation, and the 
    onsite drainage points that were directly observed during the test. 
    Certifications shall be signed in accordance with Part VII.G. of this 
    permit. Such certification may not be feasible if the facility 
    operating the storm water discharge associated with industrial activity 
    does not have access to an outfall, manhole, or other point of access 
    to the ultimate conduit which receives the discharge. In such cases, 
    the source identification section of the storm water pollution 
    prevention plan shall indicate why the certification required by this 
    part was not feasible, along with the identification of potential 
    significant sources of non-storm water at the site. A discharger that 
    is unable to provide the certification required by this paragraph must 
    notify the Director in accordance with paragraph XI.R.3.a.(3)(g)(iii) 
    (below).
        (ii) Except for flows from fire fighting activities, sources of 
    non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
    Discharges) of this permit that are combined with storm water 
    discharges associated with industrial activity must be identified in 
    the plan. The plan shall identify and ensure the implementation of 
    appropriate pollution prevention measures for the non-storm water 
    component(s) of the discharge.
        (iii) Failure to Certify--Any facility that is unable to provide 
    the certification required (testing for non-storm water discharges), 
    must notify the Director by [Insert date 270 days after permit 
    issuance] or, for facilities which begin to discharge storm water 
    associated with industrial activity after [Insert date 270 days after 
    permit issuance], 180 days after submitting an NOI to be covered by 
    this permit. If the failure to certify is caused by the inability to 
    perform adequate tests or evaluations, such notification shall 
    describe: the procedure of any test conducted for the presence of non-
    storm water discharges; the results of such test or other relevant 
    observations; potential sources of non-storm water discharges to the 
    storm sewer; and why adequate tests for such storm sewers were not 
    feasible. Non-storm water discharges to waters of the United States 
    which are not authorized by an NPDES permit are unlawful, and must be 
    terminated.
        (h) Sediment and Erosion Control--The plan shall identify areas 
    which, due 
    
    [[Page 51214]]
    to topography, activities, or other factors, have a high potential for 
    significant soil erosion, and identify structural, vegetative, and/or 
    stabilization measures to be used to limit erosion.
        (i) Management of Runoff--The plan shall contain a narrative 
    consideration of the appropriateness of traditional storm water 
    management practices (practices other than those which control the 
    generation or source(s) of pollutants) used to divert, infiltrate, 
    reuse, or otherwise manage storm water runoff in a manner that reduces 
    pollutants in storm water discharges from the site. The plan shall 
    provide that measures that the permittee determines to be reasonable 
    and appropriate shall be implemented and maintained. The potential of 
    various sources at the facility to contribute pollutants to storm water 
    discharges associated with industrial activity [see paragraph 
    XI.R.3.a.(2) of this section (Description of Potential Pollutant 
    Sources)] shall be considered when determining reasonable and 
    appropriate measures. Appropriate measures or other equivalent measures 
    may include: vegetative swales and practices, reuse of collected storm 
    water (such as for a process or as an irrigation source), inlet 
    controls (such as oil/water separators), snow management activities, 
    infiltration devices, and wet detention/retention devices.
        (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
    shall conduct site compliance evaluations at appropriate intervals 
    specified in the plan, but in no case less than once a year. Such 
    evaluations shall provide:
        (a) Areas contributing to a storm water discharge associated with 
    industrial activity including, but not limited to, pressure washing 
    area, blasting and sanding areas, painting areas, material storage 
    areas, engine maintenance and repair areas, material handling areas, 
    and drydock area, shall be visually inspected for evidence of, or the 
    potential for, pollutants entering the drainage system. Measures to 
    reduce pollutant loadings shall be evaluated to determine whether they 
    are adequate and properly implemented in accordance with the terms of 
    the permit or whether additional control measures are needed. 
    Structural storm water management measures, sediment and erosion 
    control measures, and other structural pollution prevention measures 
    identified in the plan shall be observed to ensure that they are 
    operating correctly. A visual inspection of equipment needed to 
    implement the plan, such as spill response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    paragraph XI.R.3.a.(2) of this section (Description of Potential 
    Pollutant Sources) and pollution prevention measures and controls 
    identified in the plan in accordance with paragraph XI.R.3.a.(3) of 
    this section (Measures and Controls) shall be revised as appropriate 
    within 2 weeks of such evaluation and shall provide for implementation 
    of any changes to the plan in a timely manner, but in no case more than 
    12 weeks after the evaluation.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan, and actions taken in accordance with 
    paragraph XI.R.3.a.(4)(b) (above) of the permit shall be made and 
    retained as part of the storm water pollution prevention plan for at 
    least 3 years from the date of the evaluation. The report shall 
    identify any incidents of noncompliance. Where a report does not 
    identify any incidents of noncompliance, the report shall contain a 
    certification that the facility is in compliance with the storm water 
    pollution prevention plan and this permit. The report shall be signed 
    in accordance with Part VII.G. (Signatory Requirements) of this permit.
        (d) Where compliance evaluation schedules overlap with inspections 
    required under 3.a.(3)(d), the compliance evaluation may be conducted 
    in place of one such inspection.
    4. Numeric Effluent Limitations
        There are no additional numeric effluent limitations beyond those 
    described in Part V.B. of this permit.
    5. Monitoring and Reporting Requirements
        (a) Quarterly Visual Examination of Storm Water Quality. Facilities 
    shall perform and document a visual examination of a representative 
    storm water discharge associated with industrial activity from each 
    outfall except discharges exempted below. The examination must be made 
    at least once in each designated period [described in (1) below] during 
    daylight hours unless there is insufficient rainfall or snow melt to 
    produce a runoff event.
        (1) Examinations shall be conducted in each of the following 
    periods for the purposes of visually inspecting storm water quality 
    associated with storm water runoff or snow melt: January through March; 
    April through June; July through September; October through December.
        (2) Examinations shall be made of samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    1 hour) of when the runoff or snow melt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inch in 
    magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual should carry out the collection and 
    examination of discharges for the entire permit term.
        (3) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (4) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfall(s) provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (5) When a discharger is unable to collect samples over the course 
    of the monitoring period as a result of adverse 
    
    [[Page 51215]]
    climatic conditions, the discharger must document the reason for not 
    performing the visual examination. Adverse weather conditions which may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (6) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility remains inactive and unstaffed. The facility must maintain 
    a certification with the pollution prevention plan stating that the 
    site is inactive and unstaffed so that performing visual examinations 
    during a qualifying event is not feasible.
    
    S. Storm Water Discharges Associated With Industrial Activity From 
    Vehicle Maintenance Areas, Equipment Cleaning Areas, or Deicing Areas 
    Located at Air Transportation Facilities
    
    1. Discharges Covered Under This Section
        The requirements listed under this section shall apply to storm 
    water discharges from establishments and/or facilities including 
    airports, air terminals, air carriers, flying fields, and 
    establishments engaged in servicing or maintaining airports and/or 
    aircraft (generally classified under Standard Industrial Classification 
    (SIC) code 45) which have vehicle maintenance shops, material handling 
    facilities, equipment cleaning operations or airport and/or aircraft 
    deicing/anti-icing operations. For the purpose of this permit, the term 
    ``deicing'' is defined as the process to remove frost, snow, or ice and 
    ``anti-icing'' is the process which prevents the accumulation of frost, 
    snow, or ice.
        (a) Coverage. Only those portions of the facility or establishment 
    that are either involved in vehicle maintenance (including vehicle 
    rehabilitation, mechanical repairs, painting, fueling, and 
    lubrication), equipment cleaning operations, or deicing/anti-icing 
    operations are addressed under this section.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
    2. Special Conditions
        (a) Prohibition of Non-storm Water Discharges. In addition to those 
    discharges prohibited under Part III.A.2, non-storm water discharges 
    including aircraft, ground vehicle, runway and equipment washwaters, 
    and dry weather discharges of deicing/anti-icing chemicals are not 
    authorized by this permit. Dry weather discharges are those discharges 
    generated by processes other than those included in the definition of 
    storm water. The definition of storm water includes storm water runoff, 
    snow melt runoff, and surface runoff and drainage. All other discharges 
    constitute non-storm water discharges. Operators of non-storm water 
    discharges must obtain coverage under a separate National Pollutant 
    Discharge Elimination System (NPDES) permit if discharged to waters of 
    the United States or through a municipal separate storm sewer system.
        (b) Releases of Reportable Quantities of Hazardous Substances and 
    Oil. Each individual permittee is required to report spills equal to or 
    exceeding the reportable quantity levels specified at 40 CFR 110, 117, 
    and 302 as described at Part VI.B.2. If an airport authority is the 
    sole permittee, then the sum total of all spills at the airport must be 
    assessed against the RQ. If the airport authority is a co-permittee 
    with other deicing/anti-icing operators at the airport, such as 
    numerous different airlines, the assessed amount must be the summation 
    of spills by each co-permittee. If separate, distinct individual 
    permittees exist at the airport, then the amount spilled by each 
    separate permittee must be the assessed amount for the RQ 
    determination.
    3. Storm Water Pollution Prevention Plan Requirements
        Storm water pollution prevention plans developed for areas of the 
    facility occupied by tenants of the airport shall be integrated with 
    the plan for the entire airport. For the purposes of today's permit, 
    tenants of the airport facility include airline companies, fixed based 
    operators and other parties which have contracts with the airport 
    authority to conduct business operations on airport property which 
    result in storm water discharges associated with industrial activity as 
    described in paragraph 1 of this section. Plans should be developed in 
    accordance with Part IV. Storm Water Pollution Prevention Plans).
        (a) Contents of Plan. Each plan shall include, at a minimum, the 
    following items:
        (1) Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals as member(s) of a storm water Pollution 
    Prevention Team who are responsible for developing the storm water 
    pollution prevention plan and assisting the facility management in its 
    implementation, maintenance, and revision. The plan shall clearly 
    identify the responsibilities of each team member. The activities and 
    responsibilities of the team shall address all aspects of the 
    facility's storm water pollution prevention plan.
        (2) Description of Potential Pollutant Sources. Each plan shall 
    provide a description of potential sources which may reasonably be 
    expected to add significant amounts of pollutants to storm water 
    discharges or which may result in the discharge of pollutants during 
    dry weather from separate storm sewers draining the facility. Each plan 
    shall identify all activities and significant materials which may 
    potentially be significant pollutant sources. Each plan shall include, 
    at a minimum:
        (a) Drainage.
        (i) A site map indicating an outline of the drainage area of each 
    storm water outfall within the facility boundaries, each existing 
    structural control measure to reduce pollutants in storm water runoff, 
    surface water bodies, locations where significant materials are exposed 
    to precipitation, locations where major spills or leaks identified 
    under paragraph XI.S.3.a.(2)(c) (Spills and Leaks) of this section have 
    occurred, and the locations of the following activities where such 
    activities are exposed to precipitation: aircraft and runway deicing/
    anti-icing operations; fueling stations; aircraft, ground vehicle and 
    equipment maintenance and/or cleaning areas; storage areas for 
    aircraft, ground vehicles and equipment awaiting maintenance; loading/
    unloading areas; locations used for the treatment, storage or disposal 
    of wastes, liquid storage tanks, processing areas and storage areas. 
    The map must indicate the outfall locations and the types of discharges 
    contained in the drainage areas of the outfalls.
        (ii) For each area of the facility that generates storm water 
    discharges 
    
    [[Page 51216]]
    associated with industrial activity with a reasonable potential for 
    containing significant amounts of pollutants, a prediction of the 
    direction of flow, and an identification of the types of pollutants 
    which are likely to be present in storm water discharges associated 
    with industrial activity. Factors to consider include the toxicity of 
    chemical; quantity of chemicals used, produced or discharged; the 
    likelihood of contact with storm water; and history of significant 
    leaks or spills of toxic or hazardous pollutants. Flows with a 
    significant potential for causing erosion shall be identified.
        (iii) The site map developed for the entire airport shall indicate 
    the location of each tenant of the facility that conducts industrial 
    activities as described in Part XI.S.1.a., and incorporate information 
    from the tenants site map (including a description of industrial 
    activities, significant materials exposed, and existing management 
    practices).
        (b) Inventory of Exposed Materials--An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation. Such inventory shall include a narrative description of 
    significant materials that have been handled, treated, stored or 
    disposed in a manner to allow exposure to storm water between the time 
    of 3 years prior to the date of the submission of a Notice of Intent 
    (NOI) to be covered under this permit and the present; method and 
    location of onsite storage or disposal; materials management practices 
    employed to minimize contact of materials with storm water runoff 
    between the time of 3 years prior to the date of the submission of a 
    Notice of Intent (NOI) to be covered under this permit and the present; 
    the location and a description of existing structural and nonstructural 
    control measures to reduce pollutants in storm water runoff; and a 
    description of any treatment of storm water runoff.
        (c) Spills and Leaks--A list of significant spills and significant 
    leaks of toxic or hazardous pollutants that occurred at areas that are 
    exposed to precipitation or that otherwise drain to a storm water 
    conveyance at the facility after the date of 3 years prior to the date 
    of the submission of a Notice of Intent (NOI) to be covered under this 
    permit. Such list shall be updated as appropriate during the term of 
    the permit.
        (d) Sampling Data--A summary of existing discharge sampling data 
    describing pollutants in storm water discharges from the facility, 
    including a summary of sampling data collected during the term of this 
    permit.
        (e) Risk Identification and Summary of Potential Pollutant 
    Sources--A narrative description of the potential pollutant sources 
    from the following activities: aircraft, runway, ground vehicle and 
    equipment maintenance and cleaning; aircraft and runway deicing/anti-
    icing operations (including apron and centralized aircraft deicing/
    anti-icing stations, runways, taxiways and ramps); outdoor storage 
    activities; loading and unloading operations; and onsite waste 
    disposal. The description shall specifically list any significant 
    potential source of pollutants at the facility and for each potential 
    source, any pollutant or pollutant parameter [e.g., biochemical oxygen 
    demand (BOD5), oil and grease, etc.] of concern shall be 
    identified.
        Facilities which conduct deicing/anti-icing operations shall 
    maintain a record of the types [including the Material Safety Data 
    Sheets (MSDS)] and monthly quantities of deicing/anti-icing chemicals 
    used. Tenants and fixed-base operators who conduct deicing/anti-icing 
    operations shall provide the above information to the airport authority 
    for inclusion in the storm water pollution prevention plan for the 
    entire facility.
        (3) Measures and Controls. Operators covered by this permit shall 
    develop a description of storm water management controls appropriate 
    for their areas of operation, and implement such controls. The priority 
    in selecting controls shall reflect identified potential sources of 
    pollutants at the facility. The description of storm water management 
    controls shall address the following minimum components, including a 
    schedule for implementing such controls:
        (a) Good Housekeeping--Good housekeeping requires the maintenance 
    of areas which may contribute pollutants to storm water discharges in a 
    clean, orderly manner.
        (i) Aircraft, Ground Vehicle and Equipment Maintenance Areas--
    Permittees should ensure the maintenance of equipment is conducted in 
    designated areas only and clearly identify these areas on the ground 
    and delineate them on the site map. The plan must describe measures 
    that prevent or minimize the contamination of the storm water runoff 
    from all areas used for aircraft, ground vehicle and equipment 
    maintenance (including the maintenance conducted on the terminal apron 
    and in dedicated hangars). Management practices or equivalent measures 
    such as performing maintenance activities indoors, maintaining an 
    organized inventory of materials used in the maintenance areas, 
    draining all parts of fluids prior to disposal, preventing the practice 
    of hosing down the apron or hangar floor, using dry cleanup methods, 
    and/or collecting the storm water runoff from the maintenance area and 
    providing treatment or recycling should be considered.
        (ii) Aircraft, Ground Vehicle and Equipment Cleaning Areas--
    Permittees should ensure that cleaning of equipment is conducted in 
    designated areas only and clearly identify these areas on the ground 
    and delineate them on the site map. The plan must describe measures 
    that prevent or minimize the contamination of the storm water runoff 
    from all areas used for aircraft, ground vehicle and equipment 
    cleaning. Management practices such as performing cleaning operations 
    indoors, and/or collecting the storm water runoff from the cleaning 
    area and providing treatment or recycling should be considered.
        (iii) Aircraft, Ground Vehicle and Equipment Storage Areas--The 
    storage of aircraft, ground vehicles and equipment awaiting maintenance 
    must be confined to designated areas (delineated on the site map). The 
    plan must describe measures that prevent or minimize the contamination 
    of the storm water runoff from these areas. Management practices such 
    as indoor storage of aircraft and ground vehicles, the use of drip pans 
    for the collection of fluid leaks, and perimeter drains, dikes or berms 
    surrounding storage areas should be considered.
        (iv) Material Storage Areas--Storage units of all materials (e.g., 
    used oils, hydraulic fluids, spent solvents, and waste aircraft fuel) 
    must be maintained in good condition, so as to prevent or minimize 
    contamination of storm water, and plainly labeled (e.g., ``used oil,'' 
    ``Contaminated Jet A,'' etc.). The plan must describe measures that 
    prevent or minimize contamination of the storm water runoff from 
    storage areas. Management practices or equivalent measures such as 
    indoor storage of materials, centralized storage areas for waste 
    materials, and/or installation of berming and diking around storage 
    areas should be considered for implementation.
        (v) Airport Fuel System and Fueling Areas--The plan must describe 
    measures that prevent or minimize the discharge of fuels to the storm 
    sewer resulting from fuel servicing activities or other operations 
    conducted in support of the airport fuel system. Where the discharge of 
    fuels into the storm sewer cannot be prevented, the plan shall indicate 
    measures that will be employed to prevent or minimize the discharge of 
    the contaminated runoff into receiving 
    
    [[Page 51217]]
    surface waters. Management practices or equivalent measures such as 
    implementing spill and overflow practices (e.g., placing sorptive 
    materials beneath aircraft during fueling operations), using dry 
    cleanup methods, and/or collecting the storm water runoff should be 
    considered.
        (b) Preventive Maintenance--A preventive maintenance program shall 
    involve timely inspection and maintenance of storm water management 
    devices (e.g., cleaning oil/water separators, removing debris from 
    catch basins) as well as inspecting and testing facility equipment and 
    systems to uncover conditions that could cause breakdowns or failures 
    resulting in discharges of pollutants to surface waters, and ensuring 
    appropriate maintenance of such equipment and systems.
        (c) Spill Prevention and Response Procedures--Areas where potential 
    spills which can contribute pollutants to storm water discharges can 
    occur, and their accompanying drainage points shall be identified 
    clearly in the storm water pollution prevention plan. The plan shall 
    describe material handling procedures, storage requirements, and 
    consider the use of equipment such as diversion valves. Procedures for 
    cleaning up spills shall be identified in the plan and made available 
    to the appropriate personnel. The necessary equipment to implement a 
    clean up should be available to personnel.
        (d) Source Reduction--Operators who conduct aircraft and/or runway 
    (including taxiways and ramps) deicing/anti-icing operations shall 
    evaluate present operating procedures to consider alternative practices 
    to reduce the overall amount of deicing/anti-icing chemicals used and/
    or lessen the environmental impact of the pollutant source.
        (i) With regard to runway deicing operations, operators, at a 
    minimum, shall evaluate: present application rates to ensure against 
    excessive over application; metered application of deicing chemical; 
    pre-wetting dry chemical constituents prior to application; 
    installation of runway ice detection systems; implementing anti-icing 
    operations as a preventive measure against ice buildup; the use of 
    substitute deicing compounds such as potassium acetate in lieu of 
    ethylene glycol, propylene glycol and/or urea.
        (ii) In considering source reduction management practices for 
    aircraft deicing operations, operators, at a minimum, should evaluate 
    current application rates and practices to ensure against excessive 
    over application, and consider pretreating aircraft with hot water 
    prior to the application of a deicing chemical, thus reducing the 
    overall amount of chemical used per operation.
        Source reduction measures that the operator determines to be 
    reasonable and appropriate shall be implemented and maintained. The 
    plan shall provide a narrative explanation of the options considered 
    and the reasoning for whether or not to implement them.
        (e) Management of Runoff--The plan shall contain a narrative 
    consideration of the appropriateness of traditional storm water 
    management practices (practices other than those which prevent or 
    reduce source(s) of pollutants) used to divert, infiltrate, reuse, or 
    otherwise manage storm water runoff in a manner that reduces pollutants 
    in storm water discharges from the site. The potential of various 
    sources at the facility to contribute pollutants to storm water 
    discharges associated with industrial activity [see paragraph 
    XI.S.3.a.(2) (Description of Potential Pollutant Sources)] shall be 
    considered. Appropriate measures or equivalent measures may include: 
    vegetative swales, reuse of collected storm water (such as for a 
    process or as an irrigation source), inlet controls (such as oil/water 
    separators), snow management activities, infiltration devices, and wet 
    detention/retention devices. Measures that the permittee determines to 
    be reasonable and appropriate shall be implemented and maintained.
        (i) Operators that conduct aircraft and/or runway deicing/anti-
    icing operations shall also provide a narrative consideration of 
    management practices to control or manage contaminated runoff from 
    areas where deicing/anti-icing operations occur to reduce the amount of 
    pollutants being discharged from the site. Structural controls such as 
    establishing a centralized aircraft deicing facility, and/or collection 
    of contaminated runoff for treatment or recycling should be considered. 
    Collection and treatment alternatives include, but are not limited to, 
    retention basins, detention basins with metered controlled release, 
    Underground Storage Tanks (USTs) and/or disposal to Publicly Owned 
    Treatment Works (POTW) by way of sanitary sewer or hauling tankers. 
    Runoff management controls that the operator determines to be 
    reasonable and appropriate shall be implemented and maintained. The 
    plan should consider the recovery of deicing/anti-icing materials when 
    these materials are applied during non-precipitation events to prevent 
    these materials from later becoming a source of storm water 
    contamination. The plan shall provide a narrative explanation of the 
    controls selected and the reasons for their selection.
        (f) Inspections--In addition to or as part of the comprehensive 
    site evaluation required under paragraph XI.S.3.a.(4) of this section, 
    qualified facility personnel shall be identified to inspect designated 
    equipment and areas of the facility specified in the plan. The 
    inspection frequency shall be specified in the plan, but at a minimum 
    be conducted once per week during deicing/anti-icing application 
    periods for areas where deicing/anti-icing operations are being 
    conducted. A set of tracking or follow-up procedures shall be used to 
    ensure that appropriate actions are taken in response to the 
    inspections. Records of inspections shall be maintained. The use of a 
    checklist developed by the pollution prevention team is encouraged.
        (g) Pollution Prevention Training--Pollution prevention training 
    programs shall be developed to inform management and personnel 
    responsible for implementing activities identified in the storm water 
    pollution prevention plan of the components and goals of the plan. 
    Training should address topics such as spill response, good 
    housekeeping, aircraft and runway deicing/anti-icing procedures, and 
    material management practices. The pollution prevention plan shall 
    identify periodic dates for such training.
        (h) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents (such as spills, or other discharges), along with other 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan. Inspections and maintenance 
    activities shall be documented and records shall be incorporated into 
    the plan.
        (i) Non-storm Water Discharges.
        (i) The plan shall include a certification that the discharge 
    points have been tested or evaluated for the presence of non-storm 
    water discharges. The certification shall include the identification of 
    potential significant sources of non-storm water at the site, a 
    description of the results of any test and/or evaluation for the 
    presence of non-storm water discharges, the evaluation criteria or 
    testing method used, the date of any testing and/or evaluation, and the 
    onsite drainage points that were directly observed during the test. 
    Certifications shall be signed in accordance with Part VII.G. of this 
    permit. Such certification may not be feasible if the facility 
    operating the storm water discharge associated with industrial activity 
    does not have access to an outfall, manhole, or other point of 
    
    [[Page 51218]]
    access to the ultimate conduit which receives the discharge. In such 
    cases, the source identification section of the storm water pollution 
    prevention plan shall indicate why the certification required by this 
    part was not feasible, along with the identification of potential 
    significant sources of non-storm water at the site. A discharger that 
    is unable to provide the certification required by this paragraph must 
    notify the Director in accordance with paragraph XI.S.3.a.(3)(iii) 
    (below).
        (ii) Except for flows from fire fighting activities, other sources 
    of non-storm water listed in Part III.A.2 (Non-storm Water Discharges) 
    of this permit that are combined with storm water discharges associated 
    with industrial activity must be identified in the plan. The plan shall 
    identify and ensure the implementation of appropriate pollution 
    prevention measures for the non-storm water component(s) of the 
    discharge.
        (iii) Failure to Certify--Any facility that is unable to provide 
    the certification required (testing for non-storm water discharges), 
    must notify the Director by [Insert date 270 days after permit 
    issuance] or, for facilities which begin to discharge storm water 
    associated with industrial activity after [Insert date 270 days after 
    permit issuance], 180 days after submitting a notice of intent to be 
    covered by this permit. If the failure to certify is caused by the 
    inability to perform adequate tests or evaluations, such notification 
    shall describe: the procedure of any test conducted for the presence of 
    non-storm water discharges; the results of such test or other relevant 
    observations; potential sources of non-storm water discharges to the 
    storm sewer; and why adequate tests for such storm sewers were not 
    feasible. Non-storm water discharges to waters of the United States 
    which are not authorized by an NPDES permit are unlawful, and must be 
    terminated.
        (j) Sediment and Erosion Control--The plan shall identify areas 
    which, due to topography, activities, or other factors, have a high 
    potential for significant soil erosion, and identify structural, 
    vegetative, and/or stabilization measures to be used to limit erosion.
        (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
    shall conduct site compliance evaluations during periods of deicing/
    anti-icing operations at appropriate intervals specified in the plan, 
    but in no case less than once a year. Such evaluations shall provide:
        (a) Areas contributing to a storm water discharge associated with 
    industrial activity shall be visually inspected for evidence of, or the 
    potential for, pollutants entering the drainage system. Measures to 
    reduce pollutant loadings shall be evaluated to determine whether they 
    are adequate and properly implemented in accordance with the terms of 
    the permit or whether additional control measures are needed. 
    Structural storm water management measures, sediment and erosion 
    control measures, and other structural pollution prevention measures 
    identified in the plan shall be observed to ensure that they are 
    operating correctly. A visual inspection of equipment needed to 
    implement the plan, such as spill response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    paragraph XI.S.3.a.(2) of this section (Description of Potential 
    Pollutant Sources) and pollution prevention measures and controls 
    identified in the plan in accordance with paragraph XI.S.3.a.(3) of 
    this section (Measures and Controls) shall be revised as appropriate 
    within 2 weeks of such evaluation and shall provide for implementation 
    of any changes to the plan in a timely manner, but in no case more than 
    12 weeks after the evaluation.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan, and actions taken in accordance with 
    paragraph XI.S.3.a.(4)(b) (above) of the permit shall be made and 
    retained as part of the storm water pollution prevention plan for at 
    least 3 years from the date of the evaluation. The report shall 
    identify any incidents of noncompliance. Where a report does not 
    identify any incidents of noncompliance, the report shall contain a 
    certification that the facility is in compliance with the storm water 
    pollution prevention plan and this permit. The report shall be signed 
    in accordance with Part VII.G. (Signatory Requirements) of this permit.
        (d) Where compliance evaluation schedules overlap with inspections 
    required under 3.a.(3)(f), the compliance evaluation may be conducted 
    in place of one such inspection.
    4. Numeric Effluent Limitations
        There are no additional numeric effluent limitations beyond those 
    in Part V.B of this permit.
    5. Monitoring and Reporting Requirements
        a. During the period beginning on the effective date and lasting 
    through the expiration date of this permit, (airports that use more 
    than 100,000 gallons of glycol-based deicing/anti-icing) chemicals and/
    or 100 tons or more of urea on an average annual basis):
        (1) Shall prepare estimates for annual pollutant loadings resulting 
    from discharges of spent deicing/anti-icing chemicals from the entire 
    airport. The loading estimates shall reflect the amounts of deicing/
    anti-icing chemicals discharged to separate storm sewer systems or 
    surface waters, prior to and after implementation of the facility's 
    storm water pollution prevention plan. Such estimates shall be reviewed 
    by an environmental professional, and certified by such professional. 
    By means of the certification, the environmental professional, having 
    examined the facility's deicing/anti-icing procedures, and proposed 
    control measures described in the storm water pollution prevention 
    plan, shall attest that the loading estimates have been accurately 
    prepared. Certified loading estimates are to be retained at the airport 
    facility and attached to the storm water pollution prevention plan.
        b. Analytical Monitoring Requirements. During the period beginning 
    [insert date 1 year after permit issuance] lasting through [insert date 
    2 years after permit issuance] and the period beginning [insert date 3 
    years after permit issuance] lasting through [insert date 4 years after 
    permit issuance], airports that use more than 100,000 gallons of 
    glycol-based deicing/anti-icing chemicals and/or 100 tons or more of 
    urea on an average annual basis shall monitor outfalls from the airport 
    facility that collect runoff from areas where deicing/anti icing 
    activities occur, except as provided in paragraph 5.a.(3) (Sampling 
    Waiver). Airports which are subject to these monitoring requirements 
    must sample their storm water discharges for the parameters listed in 
    Table S-1 below. Such facilities must report in accordance with 5.b. 
    (Reporting). In addition to the parameters listed in Table S-1 below, 
    the permittee shall provide the date and duration (in hours) of the 
    precipitation event(s) sampled; measurements or estimates (in inches) 
    of the precipitation event that generated the sampled runoff; the 
    duration between the event sampled and the end of the previous 
    measurable (greater than 0.1 inch rainfall) event; and an estimate of 
    the total volume (in gallons) of the discharge sampled.
    
                                                                            
    
    [[Page 51219]]
                       Table S-1.--Monitoring Requirements                  
    ------------------------------------------------------------------------
                                                         Monitoring cut-off 
                   Pollutants of concern                    concentration   
    ------------------------------------------------------------------------
    Biochemical Oxygen Demand (BOD5)..................  30 mg/L             
    Chemical Oxygen Demand (COD)......................  120 mg/L            
    Ammonia...........................................  19 mg/L             
    pH................................................  6.0 to 9 s.u.       
    ------------------------------------------------------------------------
    
    
    
        For the purposes of today's final permit, the ``average annual'' 
    usage rate of deicing/anti-icing chemicals is determined by averaging 
    the cumulative amount of deicing/anti-icing chemicals used by all 
    operators at the airport facility in the 3 previous calendar years.
        (1) Monitoring Periods. Airports where more than 100,000 gallons of 
    glycol-based deicing/anti-icing chemicals and/or 100 tons or more of 
    urea are used on an average annual basis shall monitor outfalls from 
    the facility that collect runoff from areas where deicing/anti-icing 
    activities occur four times per year during the months of December, 
    January, and February when deicing/anti-icing activities are occurring, 
    in the years specified in paragraph b. (above).
        (2) Sample Type. A minimum of one grab sample and one flow-weighted 
    composite sample shall be taken from each outfall that collects runoff 
    from areas where deicing/anti-icing activities occur. All such samples 
    shall be collected from a discharge resulting from a precipitation 
    event that is greater than 0.1 inches in magnitude and that occurs at 
    least 72 hours from the previously measurable (greater than 0.1 inch 
    rainfall) precipitation event. The required 72-hour storm event 
    interval is waived where the preceding measurable storm event did not 
    result in a measurable discharge from the facility. The required 72-
    hour storm event interval may also be waived where the permittee 
    documents that less than a 72-hour interval is representative for local 
    storm events during the season when sampling is being conducted. The 
    grab sample should be taken when pollutant concentrations in the storm 
    water/melt water discharges from deicing/anti-icing operations are 
    expected to be at a maximum. The recommended methodology for performing 
    grab and flow-weighted composite sampling is described at 40 CFR 
    122.21(g)(7). The permittee has the option to submit site-specific 
    deicing/anti-icing discharge monitoring protocol and methodology, 
    better suited to the particular facility, to the Director for approval.
        (3) Sampling Waiver.
        (a) Adverse Conditions--Adverse weather conditions that may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as high winds, blizzard 
    conditions, ice storms, etc.) or otherwise make the collection of a 
    sample impracticable (extended frozen conditions, etc.).
        (b) Low Concentration Waiver--When the average concentration for a 
    parameter calculated from all grab samples collected during the 
    monitoring period [insert date 1 year after permit issuance] lasting 
    through [insert date 2 years after permit issuance] is less than the 
    corresponding value for that parameter listed in Table S-1 under the 
    column Monitoring Cut-off Concentration, a facility may waive 
    monitoring and reporting requirements in the monitoring period 
    beginning [insert date 3 years after permit issuance] lasting through 
    [insert date 4 years after permit issuance]. The facility must submit 
    to the Director, in lieu of the monitoring data, a certification that 
    there has not been a significant change in industrial activity or the 
    pollution prevention measures in area of the facility which drains to 
    the outfall for which sampling was waived.
        (c) When a discharger is unable to conduct quarterly chemical storm 
    water sampling at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirements as long 
    as the facility remains inactive and unstaffed. The facility must 
    submit to the Director, in lieu of monitoring data, a certification 
    statement on the DMR stating that the site is inactive and unstaffed so 
    that collecting a sample during a qualifying event is not possible.
        (4) Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluents. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan. The permittee shall 
    include the description of the location of the outfalls, explanation of 
    why outfalls are expected to discharge substantially identical 
    effluents, and estimate of the size of the drainage area and runoff 
    coefficient with the Discharge Monitoring Report.
        (5) Alternative Certification. The Alternative Certification 
    provision discussed in other sections of Part XI is not applicable to 
    discharges included under Part XI.S. (Storm Water Discharges Associated 
    with Industrial Activity from Vehicle Maintenance Areas, Equipment 
    Cleaning Areas, or Deicing/Anti-icing Areas Located at Air 
    Transportation Facilities).
        (c) Reporting. Airports identified in Part XI.S.5.6 shall submit 
    monitoring results obtained during the reporting period beginning 
    [insert date 1 year after permit issuance] lasting through [insert date 
    2 years after permit issuance] on Discharge Monitoring Report Form(s) 
    postmarked no later than the 31st day of March [insert the date 2 years 
    after permit issuance]. Monitoring results obtained during the period 
    beginning [insert date 3 years after permit issuance] lasting through 
    [insert date 4 years after permit issuance] shall be submitted on 
    Discharge Monitoring Report Form(s) postmarked no later than the 31st 
    day of March [insert date 4 years after permit issuance]. A separate 
    Discharge Monitoring Report Form is required for each sampling period. 
    For each outfall, one signed Discharge Monitoring Report form must be 
    submitted to the Director per storm event sampled. Signed copies of 
    Discharge Monitoring Reports, or waiver, shall be submitted to the 
    Director of the NPDES program at the address of the appropriate 
    Regional Office listed in Part VI.G. of the fact sheet.
        (1) Additional Notification. In addition to filing copies of 
    discharge monitoring reports in accordance with paragraph cb (above), 
    facilities identified in Part XI.S.5.6 that discharge storm water to a 
    large or medium municipal separate storm sewer system (systems serving 
    a population of 100,000 or more) must submit signed copies of discharge 
    monitoring reports to the operator of the municipal separate storm 
    sewer system in accordance with the dates provided in paragraph bc 
    (above).
    
    [[Page 51220]]
    
    
    T. Storm Water Discharges Associated With Industrial Activity From 
    Treatment Works
    
    1. Discharges Covered Under This Section
        a. This permit covers all existing point source discharges of storm 
    water from treatment works treating domestic sewage or any other sewage 
    sludge or wastewater treatment device or system, used in the storage, 
    treatment, recycling, and reclamation of municipal or domestic sewage, 
    including lands dedicated to the disposal of sewage sludge that are 
    located within the confines of the facility with a design flow of 1.0 
    MGD or more, or required to have an approved pretreatment program under 
    40 CFR Part 403. When an industrial facility, described by the above 
    coverage provisions of this section, has industrial activities being 
    conducted onsite that meet the description(s) of industrial activities 
    in another section(s), that industrial facility shall comply with any 
    and all applicable monitoring and pollution prevention plan 
    requirements of the other section(s) in addition to all applicable 
    requirements in this section. The monitoring and pollution prevention 
    plan terms and conditions of this multi sector permit are additive for 
    industrial activities being conducted at the same industrial facility 
    (co-located industrial activities). The operator of the facility shall 
    determine which other monitoring and pollution prevention plan 
    section(s) of this permit (if any) are applicable to the facility.
    2. Special Conditions
        a. Prohibition of Non-storm Water Discharges. Prohibited non-storm 
    water discharges including sanitary and industrial wastewater, and 
    equipment and vehicle washwaters are not authorized by this permit. The 
    operators of such discharges must obtain coverage under a separate 
    NPDES permit if discharged to waters of the United States or through a 
    municipal separate storm sewer system.
    3. Storm Water Pollution Prevention Plan Requirements
        a. Contents of the Plan. The plan shall include, at a minimum, the 
    following items:
        (1) Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team who are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility or plant manager in its implementation, maintenance, and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        (2) Description of Potential Pollutant Sources. Each plan shall 
    provide a description of potential sources which may reasonably be 
    expected to add significant amounts of pollutants to storm water 
    discharges or which may result in the discharge of pollutants during 
    dry weather from separate storm sewers draining the facility. Each plan 
    shall identify all activities and significant materials which may 
    potentially be significant pollutant sources. Each plan shall include, 
    at a minimum:
        (a) Drainage--A site map indicating the location of each point of 
    discharge of storm water associated with industrial activity, types of 
    discharges contained in the drainage areas of the outfalls, an outline 
    of the portions of the drainage area of each storm water outfall that 
    are within the facility boundaries (with a prediction of the direction 
    of flow), each existing structural control measure to reduce pollutants 
    in storm water runoff, surface water bodies, locations where 
    significant materials are exposed to precipitation, locations where 
    major spills or leaks identified under Part III.B. (Spills and Leaks) 
    of this permit have occurred. In addition, the locations of the 
    following activities shall be indicated: fueling areas; vehicle and 
    equipment maintenance and/or cleaning areas; locations used for 
    treatment, storage and disposal areas for wastes, liquid storage tanks, 
    processing areas and storage areas for process chemicals, petroleum 
    products, solvents, fertilizers, herbicides and pesticides; and 
    loading/unloading areas.
        (b) Inventory of Exposed Materials--An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation. Such inventory shall include a narrative description of 
    significant materials that have been handled, treated, stored or 
    disposed in a manner to allow exposure to storm water between the time 
    of 3 years prior to the date of the submission of a Notice of Intent 
    (NOI) to be covered under this permit and the present; method and 
    location of onsite storage or disposal; materials management practices 
    employed to minimize contact of materials with storm water runoff 
    between the time of 3 years prior to the date of the submission of a 
    Notice of Intent (NOI) to be covered under this permit and the present; 
    the location and a description of existing structural and nonstructural 
    control measures to reduce pollutants in storm water runoff; and a 
    description of any treatment the storm water receives.
        (c) Spills and Leaks--A list of significant spills and significant 
    leaks of toxic or hazardous pollutants that occurred at areas that are 
    exposed to precipitation or that otherwise drain to a storm water 
    conveyance at the facility after the date of 3 years prior to the date 
    of the submission of a Notice of Intent (NOI) to be covered under this 
    permit. Such list shall be updated as appropriate during the term of 
    the permit.
        (d) Sampling Data--A summary of existing discharge sampling data 
    describing pollutants in storm water discharges from the facility, 
    including a summary of sampling data collected during the term of this 
    permit.
        (e) Summary of Potential Pollutant Sources--A narrative description 
    of the potential pollutant sources from the following activities 
    associated with treatment works: access roads/rail lines; loading and 
    unloading operations; outdoor storage activities; material handling 
    sites; outdoor manufacturing or processing activities; significant dust 
    or particulate generating processes; and onsite waste disposal 
    practices. The description shall specifically list any significant 
    potential source of pollutants at the site and for each potential 
    source, any pollutant or pollutant parameter (e.g., acid, bases, and 
    solvents, etc.) of concern shall be identified.
        (3) Measures and Controls. Each facility covered by this permit 
    shall develop a description of storm water management controls 
    appropriate for the facility, and implement such controls. The 
    appropriateness and priorities of controls in a plan shall reflect 
    identified potential sources of pollutants at the facility. The 
    description of storm water management controls shall address the 
    following minimum components, including a schedule for implementing 
    such controls:
        (a) Good Housekeeping--All areas that may contribute pollutants to 
    storm waters discharges shall be maintained in a clean, orderly manner.
        (b) Preventive Maintenance--A preventive maintenance program shall 
    involve timely inspection and maintenance of storm water management 
    devices (e.g., cleaning oil/water separators, catch basins) as well as 
    inspecting and testing facility equipment and systems to uncover 
    conditions that could cause breakdowns or failures resulting in 
    discharges of pollutants to surface waters, and ensuring appropriate 
    maintenance of such equipment and systems. 
    
    [[Page 51221]]
    
        (c) Spill Prevention and Response Procedures--Areas where potential 
    spills which can contribute pollutants to storm water discharges can 
    occur, and their accompanying drainage points, shall be identified 
    clearly in the storm water pollution prevention plan. Where 
    appropriate, specifying material handling procedures, storage 
    requirements, and use of equipment such as diversion valves in the plan 
    should be considered. Procedures and equipment for cleaning up spills 
    shall be identified in the plan and made available to the appropriate 
    personnel.
        (d) Inspections--In addition to the comprehensive site evaluation 
    required under Part XI.T.3.a.(4) of this permit, qualified facility 
    personnel shall be identified to inspect designated equipment and areas 
    of the facility on a periodic basis. The following areas shall be 
    included in all inspections: access roads/rail lines, equipment storage 
    and maintenance areas (both indoor and outdoor areas); fueling; 
    material handling areas, residual treatment, storage, and disposal 
    areas; and wastewater treatment areas. A set of tracking or follow-up 
    procedures shall be used to ensure that appropriate actions are taken 
    in response to the inspections. Records of inspections shall be 
    maintained. The use of a checklist developed by the facility is 
    encouraged.
        (e) Employee Training--Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management at all levels of responsibility of the 
    components and goals of the storm water pollution prevention plan. 
    Training should address topics such as spill response, good 
    housekeeping and material management practices. The pollution 
    prevention plan shall identify how often training will take place, but 
    training should be held at least annually (once per calendar year). 
    Employee training must, at a minimum, address the following areas when 
    applicable to a facility: petroleum product management; process 
    chemical management; spill prevention and control; fueling procedures; 
    general good housekeeping practices; proper procedures for using 
    fertilizers, herbicides and pesticides.
        (f) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents (such as spills, or other discharges), along with other 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. 
    Inspections and maintenance activities shall be documented and records 
    of such activities shall be incorporated into the plan.
        (g) Non-storm Water Discharges.
        (i) The plan shall include a certification that the discharge has 
    been tested or evaluated for the presence of non-storm water 
    discharges. The certification shall include the identification of 
    potential significant sources of non-storm water at the site, a 
    description of the results of any test and/or evaluation for the 
    presence of non-storm water discharges, the evaluation criteria or 
    testing method used, the date of any testing and/or evaluation, and the 
    onsite drainage points that were directly observed during the test. 
    Certifications shall be signed in accordance with Part VII.G. of this 
    permit. Such certification may not be practical if the facility 
    operating the storm water discharge associated with industrial activity 
    does not have access to an outfall, manhole, or other point of access 
    to the ultimate conduit which receives the discharge. In such cases, 
    the source identification section of the storm water pollution 
    prevention plan shall indicate why the certification required by this 
    part was not practical, along with the identification of potential 
    significant sources of non-storm water at the site. A discharger that 
    is unable to provide the certification required by this paragraph must 
    notify the Director in accordance with Part XI.T.3.a.(3)(g)(iv) 
    (Failure to Certify) of this permit.
        (ii) Except for flows from fire fighting activities, sources of 
    non-storm water listed in Part III.A.2. (Prohibition of Non-storm Water 
    Discharges) of this permit that are combined with storm water 
    discharges associated with industrial activity must be identified in 
    the plan. The plan shall identify and ensure the implementation of 
    appropriate pollution prevention measures for the non-storm water 
    component(s) of the discharge.
        (iii) A copy of all the current NPDES permit issued for wastewater, 
    industrial, vehicle and equipment washwater discharges or, if an NPDES 
    permit has not yet been issued, a copy of the pending application must 
    be attached to the plan. For facilities that discharge vehicle and 
    equipment washwaters to the sanitary sewer system, the operator of the 
    sanitary system and associated treatment plant must be notified. In 
    such cases, a copy of the notification letter must be attached to the 
    plan. If an industrial user permit is issued under a pretreatment 
    program, a copy of that permit must be attached in the plan. In all 
    cases, any permit conditions must be considered in the plan. If the 
    washwaters are handled in another manner (e.g., hauled offsite), the 
    disposal method must be described and all pertinent documentation 
    (e.g., frequency, volume, destination, etc.) must be attached to the 
    plan.
        (iv) Failure to Certify. Any facility that is unable to provide the 
    certification required (testing for non-storm water discharges), must 
    notify the Director by [insert date 270 days after permit issuance] or, 
    for facilities that begin to discharge storm water associated with 
    industrial activity after [insert date 270 days after permit issuance], 
    180 days after submitting an NOI to be covered by this permit. If the 
    failure to certify is caused by the inability to perform adequate tests 
    or evaluations, such notifications shall describe: the procedure of any 
    test conducted for the presence of non-storm water discharges; the 
    results of such test or other relevant observations; potential sources 
    of non-storm water discharges to the storm sewer; and why adequate 
    tests for such storm sewers were not feasible. Non-storm water 
    discharges to waters of the United States that are not authorized by an 
    NPDES permit are unlawful and must be terminated.
        (h) Sediment and Erosion Control--The plan shall identify areas 
    which, due to topography, activities, or other factors, have a high 
    potential for significant soil erosion, and identify structural, 
    vegetative, and/or stabilization measures to be used to limit erosion.
        (i) Management of Runoff--The plan shall contain a narrative 
    consideration of the appropriateness of traditional storm water 
    management practices (practices other than those which control the 
    generation or source(s) of pollutants) used to divert, infiltrate, 
    reuse, or otherwise manage storm water runoff in a manner that reduces 
    pollutants in storm water discharges from the site. The plan shall 
    provide that measures that the permittee determines to be reasonable 
    and appropriate shall be implemented and maintained. The potential of 
    various sources at the facility to contribute pollutants to storm water 
    discharges associated with industrial activity [see Part XI.T.3.a.(2) 
    (Description of Potential Pollutant Sources) of this permit] shall be 
    considered when determining reasonable and appropriate measures. 
    Appropriate measures or other equivalent measures may include: 
    vegetative swales and practices, reuse of collected storm water (such 
    as for a process or as an irrigation source), inlet controls (such as 
    oil/water separators), snow management activities, infiltration 
    devices, and wet detention/retention devices. 
    
    [[Page 51222]]
    
        (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
    shall conduct site compliance evaluations at appropriate intervals 
    specified in the plan, but in no case less than once a year. Such 
    evaluations shall provide:
        (a) Areas contributing to a storm water discharge associated with 
    industrial activity shall be visually inspected for evidence of, or the 
    potential for, pollutants entering the drainage system. Measures to 
    reduce pollutant loadings shall be evaluated to determine whether they 
    are adequate and properly implemented in accordance with the terms of 
    the permit or whether additional control measures are needed. 
    Structural storm water management measures, sediment and erosion 
    control measures, and other structural pollution prevention measures 
    identified in the plan shall be observed to ensure that they are 
    operating correctly. A visual inspection of equipment needed to 
    implement the plan, such as spill response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    Part XI.T.3.a.(2) (Description of Potential Pollutant Sources) of this 
    permit and pollution prevention measures and controls identified in the 
    plan in accordance with paragraph XI.T.3.a.(3) (Measures and Controls) 
    of this permit shall be revised as appropriate within 2 weeks of such 
    evaluation and shall provide for implementation of any changes to the 
    plan in a timely manner, but in no case more than 12 weeks after the 
    evaluation.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan, and actions taken in accordance with 
    paragraph XI.T.3.a.(4)(b) of the permit shall be made and retained as 
    part of the storm water pollution prevention plan for at least 3 years 
    after the date of the evaluation. The report shall identify any 
    incidents of noncompliance. Where a report does not identify any 
    incidents of noncompliance, the report shall contain a certification 
    that the facility is in compliance with the storm water pollution 
    prevention plan and this permit. The report shall be signed in 
    accordance with Part VII.G. (Signatory Requirements) of this permit.
        (d) Where compliance evaluation schedules overlap with inspections 
    required under 3.a.(3)(d), the compliance evaluation may be conducted 
    in place of one such inspection.
    4. Numeric Effluent Limitations
        There are no numeric effluent limitations beyond those in Part V.B.
    5. Monitoring and Reporting Requirements
        a. Quarterly Visual Examination of Storm Water Quality. Facilities 
    shall perform and document a visual examination of a storm water 
    discharge associated with industrial activity from each outfall, except 
    discharges exempted below. The examination must be made at least once 
    in each of the following designated periods during daylight hours 
    unless there is insufficient rainfall or snow melt to produce a runoff 
    event: January through March; April through June; July through 
    September; and October through December.
        (1) Examinations shall be made of samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    1 hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual should carry out the collection and 
    examination of discharges for entire permit term.
        (2) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (3) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the observation data also applies 
    to the substantially identical outfall(s) provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (4) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    results of the visual examination. Adverse weather conditions which may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (5) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility remains inactive and unstaffed. The facility must maintain 
    a certification with the pollution prevention plan stating that the 
    site is inactive and unstaffed so that performing visual examinations 
    during a qualifying event is not feasible.
    
    U. Storm Water Discharges Associated With Industrial Activity From Food 
    and Kindred Products Facilities
    
    1. Discharges Covered Under This Section
        This section covers all storm water discharges from food and 
    kindred products processing facilities (commonly identified by Standard 
    Industrial Classification (SIC) code 20), including: meat products; 
    dairy products; canned, frozen and preserved fruits, vegetables, and 
    food specialties; grain mill products; bakery products; sugar and 
    confectionery products; fats and oils; beverages; and miscellaneous 
    food preparations and kindred products and tobacco products 
    manufacturing (SIC Code 21), except for storm water 
    
    [[Page 51223]]
    discharges identified under paragraph I.B.3. where industrial plant 
    yards; material handling sites; refuse sites; sites used for 
    application or disposal of process wastewaters; sites used for storage 
    and maintenance of material handling equipment; sites used for 
    residential treatment, storage, or disposal; shipping and receiving 
    areas; manufacturing buildings; and storage areas for raw material and 
    intermediate and finished products are exposed to storm water and areas 
    where industrial activity has taken place in the past and significant 
    materials remain. For the purposes of this paragraph, material handling 
    activities include the storage, loading, and unloading, transportation, 
    or conveyance of any raw material, intermediate product, finished 
    product, by-product, or waste product.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
    2. Special Conditions
        a. Prohibition of Non-storm Water Discharges.
        (1) Discharges of non-storm water, including boiler blowdown, 
    cooling tower overflow and blowdown, ammonia refrigeration purging, and 
    vehicle washing/clean-out operations, to waters of the United States, 
    or through municipal separate storm sewer systems, are not authorized 
    by this permit (except those discharges identified in part III.A.2 in 
    the permit). The operators of such discharges must obtain coverage 
    under a separate NPDES wastewater discharge permit.
    3. Storm Water Pollution Prevention Plan Requirements
        a. Contents of Plan. The plan shall include, at a minimum, the 
    following items:
        (1) Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team that are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility or plant manager in its implementation, maintenance, and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        (2) Description of Potential Pollutant Sources. Each plan shall 
    provide a description of potential sources which may reasonably be 
    expected to add significant amounts of pollutants to storm water 
    discharges or which may result in the discharge of pollutants during 
    dry weather from separate storm sewers draining the facility. Each plan 
    shall identify all activities and significant materials which may 
    potentially be significant pollutant sources. Each plan shall include, 
    at a minimum:
        (a) Drainage--A site map indicating the pattern of storm water 
    drainage, existing structural control measures to reduce pollutants in 
    storm water runoff, surface water bodies, locations where significant 
    materials are exposed to precipitation, and locations where major 
    spills or leaks identified under Part XI.U.3.a.(2)(c) (Spills and 
    Leaks) of this permit have occurred since 3 years prior to the date of 
    the submission of a Notice of Intent (NOI) to be covered under this 
    permit. The map must also indicate the locations of all industrial 
    activities that are exposed to precipitation, including, but not 
    limited to: loading/unloading areas; vehicle fueling; vehicle and 
    equipment maintenance and/or cleaning areas; waste treatment, storage 
    and disposal locations; liquid storage tanks; vents and stacks from 
    cooking, drying, and similar operations, dry product vacuum transfer 
    lines; animal holding pens; spoiled product and broken product 
    container storage areas; significant dust or particulate generating 
    areas; and any other processing and storage areas exposed to storm 
    water. Flows with a significant potential for causing erosion shall 
    also be identified. In addition, the site map must identify monitoring 
    locations. In addition, the map must indicate the outfall locations and 
    the types of discharges contained in the drainage areas of the 
    outfalls.
        (b) Inventory of Exposed Materials--An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation. Such inventory shall include a narrative description of 
    significant materials that have been handled, treated, stored or 
    disposed in a manner to allow exposure to storm water between the time 
    of 3 years prior to the date of the submission of a Notice of Intent 
    (NOI) to be covered under this permit and the present; method and 
    location of onsite storage or disposal; materials management practices 
    employed to minimize contact of materials with storm water runoff 
    between the time of 3 years prior to the date of the submission of a 
    Notice of Intent (NOI) to be covered under this permit and the present; 
    the location and a description of existing structural and nonstructural 
    control measures to reduce pollutants in storm water runoff; and a 
    description of any treatment the storm water receives.
        (c) Spills and Leaks--A list of significant spills and significant 
    leaks of toxic or hazardous pollutants that occurred at areas that are 
    exposed to precipitation or that otherwise drain to a storm water 
    conveyance at the facility after the date of 3 years prior to the date 
    of the submission of a Notice of Intent (NOI) to be covered under this 
    permit. Such list shall be updated as appropriate during the term of 
    the permit.
        (d) Sampling Data--A summary of existing discharge sampling data 
    describing pollutants in storm water discharges from the facility, 
    including a summary of sampling data collected during the term of this 
    permit.
        (e) Summary of Potential Pollutant Sources--The description of 
    potential pollutant sources culminates in a narrative assessment of the 
    risk potential that the industrial activities, materials, and physical 
    features of the site, as identified in XI.U.3.a.(2)(a) (drainage), pose 
    to storm water quality. The description shall specifically list any 
    significant potential source of pollutants at the site and for each 
    potential source, any pollutant or pollutant parameter (e.g., 
    biochemical oxygen demand, oil and grease, etc.) of concern shall be 
    identified.
        In addition to food and kindred products processing-related 
    industrial activities, the plan must also describe application/storage 
    of pest control chemicals (e.g., rodenticides, insecticides, 
    fungicides, and others) used on plant grounds, including a description 
    of pest control application and chemical storage practices.
        (3) Measures and Controls. Each facility covered by this permit 
    shall develop a description of storm water management controls 
    appropriate for the facility, and implement such controls. The 
    appropriateness and priorities of controls in a plan shall reflect 
    identified potential sources of pollutants at the facility. The 
    description of storm water management controls shall address the 
    following 
    
    [[Page 51224]]
    minimum components, including a schedule for implementing such 
    controls:
        (a) Good Housekeeping--Good housekeeping requires the maintenance 
    of areas which may contribute pollutants to storm waters discharges in 
    a clean, orderly manner.
        (b) Preventive Maintenance--A preventive maintenance program shall 
    involve timely inspection and maintenance of storm water management 
    devices (e.g., cleaning oil/water separators, catch basins) as well as 
    inspecting and testing facility equipment and systems to uncover 
    conditions that could cause breakdowns or failures resulting in 
    discharges of pollutants to surface waters, and ensuring appropriate 
    maintenance of such equipment and systems.
        (c) Spill Prevention and Response Procedures--Areas where potential 
    spills which can contribute pollutants to storm water discharges can 
    occur, and their accompanying drainage points shall be identified 
    clearly in the storm water pollution prevention plan. Areas that must 
    be identified should include loading/unloading stations, outdoor 
    storage areas, and waste management areas exposed to storm water. Where 
    appropriate, specifying material handling procedures, storage 
    requirements, and use of equipment such as diversion valves in the plan 
    should be considered. Procedures for cleaning up spills shall be 
    identified in the plan and made available to the appropriate personnel. 
    The necessary equipment to implement a clean up should be available to 
    personnel.
        (d) Inspections--In addition to the comprehensive site evaluation 
    required under Part XI.U.3.a.(4) of this section, qualified facility 
    personnel shall be identified to inspect designated equipment and areas 
    of the facility. At a minimum, the following areas, where the potential 
    for exposure to storm water exists, must be inspected on a regularly 
    scheduled basis: loading and unloading areas for all significant 
    materials; storage areas, including associated containment areas; waste 
    management units; vents and stacks emanating from industrial 
    activities; spoiled product and broken product container holding areas; 
    animal holding pens; staging areas; and air pollution control 
    equipment. A set of tracking or follow-up procedures shall be used to 
    ensure that appropriate actions are taken in response to the 
    inspections. Records of inspections shall be maintained. Based on the 
    results of the inspection, the description of potential pollutant 
    sources and pollution prevention measures and controls identified in 
    the plan shall be revised as appropriate within 2 weeks of such 
    inspection and shall provide for implementation of any changes to the 
    plan in a timely manner, but in no case more than 12 weeks after the 
    inspection.
        (e) Employee Training--Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management at all levels of responsibility of the 
    components and goals of the storm water pollution prevention plan. 
    Training should address topics such as spill response, good 
    housekeeping, material management practices, unloading/loading 
    practices, outdoor storage areas, waste management practices, pest 
    control, and improper connections to the storm sewer. At a minimum, 
    this training must be provided annually. The pollution prevention plan 
    shall identify frequencies and approximate dates for such training.
        (f) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents (such as spills, or other discharges), along with other 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. 
    Inspections and maintenance activities shall be documented and records 
    of such activities shall be incorporated into the plan. Ineffective 
    BMPs must be recorded and the date of their corrective actions noted in 
    the plan.
        (g) Non-storm Water Discharges
        (i) The plan shall include a certification that the discharge has 
    been tested or evaluated for the presence of non-storm water 
    discharges. The certification shall include the identification of 
    potential significant sources of non-storm water at the site, a 
    description of the results of any test and/or evaluation for the 
    presence of non-storm water discharges, the evaluation criteria or 
    testing method used, the date of any testing and/or evaluation, and the 
    onsite drainage points that were directly observed during the test. 
    Certifications shall be signed in accordance with Part VII.G. of this 
    permit. Such certification may not be feasible if the facility 
    operating the storm water discharge associated with industrial activity 
    does not have access to an outfall, manhole, or other point of access 
    to the ultimate conduit which receives the discharge. In such cases, 
    the source identification section of the storm water pollution 
    prevention plan shall indicate why the certification required by this 
    part was not feasible, along with the identification of potential 
    significant sources of non-storm water at the site. A discharger that 
    is unable to provide the certification required by this paragraph must 
    notify the Director in accordance with Part XI.U.3.a.(3)(g)(iv) 
    (Failure to Certify) of this permit.
        (ii) Except for flows from fire fighting activities, sources of 
    non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
    Discharges) of this permit that are combined with storm water 
    discharges associated with industrial activity must be identified in 
    the plan. The plan shall identify and ensure the implementation of 
    appropriate pollution prevention measures for the non-storm water 
    component(s) of the discharge.
        (iii) If the facility discharges wastewater, other than storm water 
    via an existing NPDES permit, a copy of the NPDES permit authorizing 
    the discharge must be attached to the plan. Similarly, if the facility 
    submitted an application for an NPDES permit for non-storm water 
    discharges, but has not yet received that permit, a copy of the permit 
    application must be attached. Upon issuance or reissuance of an NPDES 
    permit, the facility must modify its plan to include a copy of that 
    permit.
        (iv) Failure To Certify--Any facility that is unable to provide the 
    certification required (testing for non-storm water discharges), must 
    notify the Director by [Insert date 270 days after permit issuance] or, 
    for facilities which begin to discharge storm water associated with 
    industrial activity after [Insert date 270 days after permit issuance], 
    180 days after submitting an NOI to be covered by this permit. If the 
    failure to certify is caused by the inability to perform adequate tests 
    or evaluations, such notification shall describe: the procedure of any 
    test conducted for the presence of non-storm water discharges; the 
    results of such test or other relevant observations; potential sources 
    of non-storm water discharges to the storm sewer; and why adequate 
    tests for such storm sewers were not feasible. Non-storm water 
    discharges to waters of the United States which are not authorized by 
    an NPDES permit are unlawful and must be terminated.
        (h) Sediment and Erosion Control--The plan shall identify areas 
    which, due to topography, activities, or other factors, have a high 
    potential for significant soil erosion, and identify structural, 
    vegetative, and/or stabilization measures to be used to limit erosion.
        (i) Management of Runoff--The plan shall contain a narrative 
    consideration of the appropriateness of traditional storm water 
    management practices (practices other than those which 
    
    [[Page 51225]]
    control the generation or source(s) of pollutants) used to divert, 
    infiltrate, reuse, or otherwise manage storm water runoff in a manner 
    that reduces pollutants in storm water discharges from the site. The 
    plan shall provide that measures that the permittee determines to be 
    reasonable and appropriate shall be implemented and maintained. The 
    potential of various sources at the facility to contribute pollutants 
    to storm water discharges associated with industrial activity [see Part 
    XI.U.3.a.(2) (Description of Potential Pollutant Sources) of this 
    permit] shall be considered when determining reasonable and appropriate 
    measures. Appropriate measures or equivalent measures may include: 
    vegetative swales and practices, reuse of collected storm water (such 
    as for a process or as an irrigation source), inlet controls (such as 
    oil/water separators), snow management activities, infiltration 
    devices, and wet detention/retention devices.
        (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
    shall conduct site compliance evaluations at appropriate intervals 
    specified in the plan, but in no case less than once a year. Where 
    compliance evaluation schedules overlap with inspections required under 
    XI.U.3.a.(3)(d) of this section, the compliance evaluation may be 
    conducted in place of one such inspection. Such evaluations shall 
    provide:
        (a) Areas contributing to a storm water discharge associated with 
    industrial activity shall be visually inspected for evidence of, or the 
    potential for, pollutants entering the drainage system. Measures to 
    reduce pollutant loadings shall be evaluated to determine whether they 
    are adequate and properly implemented in accordance with the terms of 
    the permit or whether additional control measures are needed. 
    Structural storm water management measures, sediment and erosion 
    control measures, and other structural pollution prevention measures 
    identified in the plan shall be observed to ensure that they are 
    operating correctly. A visual inspection of equipment needed to 
    implement the plan, such as spill response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    Part XI.U.3.a.(2) (Description of Potential Pollutant Sources) of this 
    permit and pollution prevention measures and controls identified in the 
    plan in accordance with paragraph XI.U.3.a.(3) (Measures and Controls) 
    of this permit shall be revised as appropriate within 2 weeks of such 
    inspection and shall provide for implementation of any changes to the 
    plan in a timely manner, but in no case more than 12 weeks after the 
    inspection.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan, and actions taken in accordance with 
    paragraph XI.U.3.a.(4)(d) (above) of the permit shall be made and 
    retained as part of the storm water pollution prevention plan for at 
    least 3 years from the date of the evaluation. The report shall 
    identify any incidents of noncompliance. Where a report does not 
    identify any incidents of noncompliance, the report shall contain a 
    certification that the facility is in compliance with the storm water 
    pollution prevention plan and this permit. The report shall be signed 
    in accordance with Part VII.G. (Signatory Requirements) of this permit.
        (d) The storm water pollution prevention plan must describe the 
    scope and content of the comprehensive site evaluations that qualified 
    personnel will conduct to (1) confirm the accuracy of the description 
    of potential sources contained in the plan, (2) determine the 
    effectiveness of the plan, and (3) assess compliance with the terms and 
    conditions of the permit. The individual or individuals who will 
    conduct the evaluations must be identified in the plan and should be 
    members of the pollution prevention team, as identified in Part 
    XI.U.3.a.(1) (Pollution Prevention Team).
    4. Numeric Effluent Limitations
        There are no additional numeric effluent limitations beyond those 
    described in Part V.B of this permit.
    5. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. During the period beginning 
    [insert date 1 year after permit issuance] lasting through [insert date 
    2 years after permit issuance] and the period beginning [insert date 3 
    years after permit issuance] lasting through [insert date 4 years after 
    permit issuance], permittees with grain mill and fats and oils products 
    facilities must monitor their storm water discharges associated with 
    industrial activity at least quarterly (4 times per year) during years 
    2 and 4 except as provided in paragraphs 5.a.(3) (Sampling Waiver), 
    5.a.(4) (Representative Discharge), and 5.a.(5) (Alternative 
    Certification). Grain mill and fats and oils products facilities are 
    required to monitor their storm water discharges for the pollutants of 
    concern listed in Table U-1 or U-2 below. Facilities must report in 
    accordance with 5.b. (Reporting). In addition to the parameters listed 
    in Table U-1 or U-2 below, the permittee shall provide the date and 
    duration (in hours) of the storm event(s) sampled; rainfall 
    measurements or estimates (in inches) of the storm event that generated 
    the sampled runoff; the duration between the storm event sampled and 
    the end of the previous measurable (greater than 0.1 inch rainfall) 
    storm event; and an estimate of the total volume (in gallons) of the 
    discharge sampled.
    
                         Table U-1.--Grain Mill Products                    
    ------------------------------------------------------------------------
                                                                Cut-off     
                     Pollutant of concern                  concentration(mg/
                                                                   L)       
    ------------------------------------------------------------------------
    Total Suspended Solids...............................             100   
    ------------------------------------------------------------------------
    
    
           Table U-2.--Fats and Oils Products Monitoring Requirements       
    ------------------------------------------------------------------------
                                                                Cut-off     
                     Pollutant of concern                  concentration(mg/
                                                                   L)       
    ------------------------------------------------------------------------
    Biochemical Oxygen Demand (BOD5).....................              30   
    Chemical Oxygen Demand (COD).........................             120   
    Nitrate Plus Nitrite Nitrogen........................            0.68   
    Total Suspended Solids...............................             100   
    ------------------------------------------------------------------------
    
        (1) Monitoring Periods. Grain mill and fats and oils products 
    facilities shall monitor samples collected during the sampling periods 
    of: January to March, April to June, July to September, and October to 
    December for the years specified in paragraph a. (above).
        (2) Sample Type. A minimum of one grab sample shall be taken. All 
    such samples shall be collected from the discharge resulting from a 
    storm event that is greater than 0.1 inches in magnitude and that 
    occurs at least 72 hours from the previously measurable (greater than 
    0.1 inch rainfall) storm event. The required 72-hour storm event 
    interval is waived where the preceding measurable storm event did not 
    result in a measurable discharge from the facility. The required 72-
    hour storm event interval may also be waived where the permittee 
    documents that less than a 72-hour interval is representative for local 
    storm events during the season when sampling is being conducted. The 
    grab sample shall be taken during the first 30 minutes of the 
    discharge. If the collection of a grab sample during the first 30 
    minutes is impracticable, a grab sample can be taken during the first 
    
    [[Page 51226]]
    hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable. If storm water discharges associated with 
    industrial activity commingle with process or non-process water, then 
    where practicable permittees must attempt to sample the storm water 
    discharge before it mixes with the non-storm water discharge.
        (3) Sampling Waiver.
        (a) Adverse Conditions--When a discharger is unable to collect 
    samples within a specified sampling period due to adverse climatic 
    conditions, the discharger shall collect a substitute sample from a 
    separate qualifying event in the next period and submit the data along 
    with data for the routine sample in that period. Adverse weather 
    conditions that may prohibit the collection of samples include weather 
    conditions that create dangerous conditions for personnel (such as 
    local flooding, high winds, hurricane, tornadoes, electrical storms, 
    etc.) or otherwise make the collection of a sample impracticable 
    (drought, extended frozen conditions, etc.).
        (b) Low Concentration Waiver--When the average concentration for a 
    pollutant calculated from all monitoring data collected from an outfall 
    during the monitoring period [insert date 1 year after permit issuance] 
    lasting through [insert date 2 years after permit issuance] is less 
    than the corresponding value for that pollutant listed in Table U-1 
    under the column Monitoring Cut-off Concentration, a facility may waive 
    monitoring and reporting requirements in the monitoring period 
    beginning [insert date 3 years after permit issuance] lasting through 
    [insert date 4 years after permit issuance]. The facility must submit 
    to the Director, in lieu of the monitoring data, a certification that 
    there has not been a significant change in industrial activity or the 
    pollution prevention measures in area of the facility which drains to 
    the outfall for which sampling was waived.
        (c) When a discharger is unable to conduct quarterly chemical storm 
    water sampling at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirements as long 
    as the facility remains inactive and unstaffed. The facility must 
    submit to the Director, in lieu of monitoring data, a certification 
    statement on the DMR stating that the site is inactive and unstaffed so 
    that collecting a sample during a qualifying event is not possible.
        (4) Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluents. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan. The permittee shall 
    include the description of the location of the outfalls, explanation of 
    why outfalls are expected to discharge substantially identical 
    effluents, and estimate of the size of the drainage area and runoff 
    coefficient with the Discharge Monitoring Report.
        (5) Alternative Certification. A discharger is not subject to the 
    monitoring requirements of this section provided the discharger makes a 
    certification for a given outfall, or on a pollutant-by-pollutant basis 
    in lieu of monitoring reports required under paragraph b below, under 
    penalty of law, signed in accordance with Part VII.G. (Signatory 
    Requirements), that material handling equipment or activities, raw 
    materials, intermediate products, final products, waste materials, by-
    products, industrial machinery or operations, or significant materials 
    from past industrial activity, that are located in areas of the 
    facility within the drainage area of the outfall are not presently 
    exposed to storm water and are not expected to be exposed to storm 
    water for the certification period. Such certification must be retained 
    in the storm water pollution prevention plan, and submitted to EPA in 
    accordance with Part VI.C. of this permit. In the case of certifying 
    that a pollutant is not present, the permittee must submit the 
    certification along with the monitoring reports required under 
    paragraph (b) below. If the permittee cannot certify for an entire 
    period, they must submit the date exposure was eliminated and any 
    monitoring required up until that date. This certification option is 
    not applicable to compliance monitoring requirements associated with 
    effluent limitations.
        b. Reporting. Permittees with grain mill and fats and oils products 
    facilities shall submit monitoring results for each outfall associated 
    with industrial activity [or a certification in accordance with 
    Sections (3), (4), or (5) above] obtained during the reporting period 
    beginning [insert date 1 year after permit issuance] lasting through 
    [insert date 2 years after permit issuance] on Discharge Monitoring 
    Report Form(s) postmarked no later than the 31st day of the following 
    March [insert the date 2 years after permit issuance]. Monitoring 
    results (or a certification in accordance with Sections (3), (4), or 
    (5) above] obtained during the period beginning [insert date 3 years 
    after permit issuance] lasting through [insert date 4 years after 
    permit issuance] shall be submitted on Discharge Monitoring Report 
    Form(s) postmarked no later than the 31st day of the following March. 
    For each outfall, one signed Discharge Monitoring Report form must be 
    submitted to the Director per storm event sampled. Signed copies of 
    Discharge Monitoring Reports, or said certifications, shall be 
    submitted to the Director of the NPDES program at the address of the 
    appropriate Regional Office listed in Part VI.G. of the fact sheet to 
    this permit.
        (1) Additional Notification. In addition to filing copies of 
    discharge monitoring reports in accordance with paragraph b (above) 
    food and kindred products, facilities with at least one storm water 
    discharge associated with industrial activity through a large or medium 
    municipal separate storm sewer system (systems serving a population of 
    100,000 or more) must submit signed copies of discharge monitoring 
    reports to the operator of the municipal separate storm sewer system in 
    accordance with the dates provided in paragraph b (above).
        a. Quarterly Visual Examination of Storm Water Quality. Facilities 
    shall perform and document a visual examination of a storm water 
    discharge associated with industrial activity from each outfall, except 
    discharges exempted below. The examination(s) must be made at least 
    once in each of the following 3-month periods: January through March, 
    April through June, July through September, and October through 
    December. The examination shall be made during daylight hours unless 
    there is insufficient rainfall or snow melt to produce a runoff event.
        (1) Examinations shall be made of a grab sample collected within 
    the first 30 minutes (or as soon thereafter as practical, but not to 
    exceed 1 hour) of 
    
    [[Page 51227]]
    when the runoff or snowmelt begins discharging. The examinations shall 
    document observations of color, odor, clarity, floating solids, settled 
    solids, suspended solids, foam, oil sheen, and other obvious indicators 
    of storm water pollution. The examination must be conducted in a well 
    lit area. No analytical tests are required to be performed on the 
    samples. All such samples shall be collected from the discharge 
    resulting from a storm event that is greater than 0.1 inches in 
    magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual should carry out the collection and 
    examination of discharges for entire permit term.
        (2) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (3) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfall(s) provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    (e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)) shall be provided in the plan.
        (4) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examinations. Adverse weather conditions which 
    may prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (5) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility remains inactive and unstaffed. The facility must maintain 
    a certification with the pollution prevention plan stating that the 
    site is inactive and unstaffed so that performing visual examinations 
    during a qualifying event is not feasible.
    
    V. Storm Water Discharges Associated With Industrial Activity From 
    Textile Mills, Apparel, and Other Fabric Product Manufacturing 
    Facilities
    
    1. Discharges Covered Under This Section
        The requirements listed under this section shall apply to storm 
    water discharges from the following activities: Textile Mill Products, 
    of and regarding facilities and establishments engaged in the 
    preparation of fiber and subsequent manufacturing of yarn, thread, 
    braids, twine, and cordage, the manufacturing of broadwoven fabrics, 
    narrow woven fabrics, knit fabrics, and carpets and rugs from yarn; 
    processes involved in the dyeing and finishing of fibers, yarn fabrics, 
    and knit apparel; the integrated manufacturing of knit apparel and 
    other finished articles of yarn; the manufacturing of felt goods 
    (wool), lace goods, nonwoven fabrics, miscellaneous textiles, and other 
    apparel products (generally described by SIC codes 22 and 23).
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
    2. Special Conditions
        a. Prohibition of Non-storm Water Discharges.
        (1) In addition to the general prohibition of non-storm waster 
    discharges at Part III A.2 of this permit to discharges of wastewater, 
    such as wastewater as a result of wet processing, wastewaters resulting 
    from any processes relating to the production process, reused or 
    recycled water, and waters used in cooling towers are prohibited under 
    this permit. Operators of such discharges to waters of the United 
    States, must obtain coverage under a separate NPDES permit.
    3. Storm Water Pollution Prevention Plan Requirements
        a. Contents of Plan. The plan shall include, at a minimum, the 
    following items:
        (1) Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team who are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility or plant manager in its implementation, maintenance, and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        (2) Description of Potential Pollutant Sources. Each plan shall 
    provide a description of potential sources which may reasonably be 
    expected to add significant amounts of pollutants to storm water 
    discharges or which may result in the discharge of pollutants during 
    dry weather from separate storm sewers draining the facility. Each plan 
    shall identify all activities and significant materials which may 
    potentially be significant pollutant sources. Each plan shall include, 
    at a minimum:
        (a) Drainage.
        (i) A site map indicating an outline of the portions of the 
    drainage area of each storm water outfall that are within the facility 
    boundaries, each existing structural control measure to reduce 
    pollutants in storm water runoff, surface water bodies, locations where 
    significant materials are exposed to precipitation, locations where 
    major spills or leaks identified under Part XI.V.3.a.(2)(c) (Spills and 
    Leaks) of this permit have occurred, and the locations of the following 
    activities where such activities are exposed to precipitation: 
    
    [[Page 51228]]
    loading/unloading areas, locations used for the treatment, storage or 
    disposal of wastes, liquid storage tanks or silos, bulk storage areas 
    that may exist, processing areas and storage areas, fueling stations, 
    vehicle and equipment maintenance and/or cleaning areas. The map must 
    indicate the outfall locations and the types of discharges contained in 
    the drainage areas of the outfalls.
        (ii) For each area of the facility that generates storm water 
    discharges associated with industrial activity with a reasonable 
    potential for containing significant amounts of pollutants, a 
    prediction of the direction of flow, and an identification of the types 
    of pollutants which are likely to be present in storm water discharges 
    associated with industrial activity. Factors to consider include the 
    toxicity of chemical; quantity of chemicals used, produced or 
    discharged; the likelihood of contact with storm water; and history of 
    significant leaks or spills of toxic or hazardous pollutants. Flows 
    with a significant potential for causing erosion shall be identified.
        (b) Inventory of Exposed Materials--An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation. Such inventory shall include a narrative description of 
    significant materials that have been handled, treated, stored or 
    disposed in a manner to allow exposure to storm water between the time 
    of 3 years prior to the date of the submission of a Notice of Intent 
    (NOI) to be covered under this permit and the present; method and 
    location of onsite storage or disposal; materials management practices 
    employed to minimize contact of materials with storm water runoff 
    between the time of 3 years prior to the date of the submission of a 
    Notice of Intent (NOI) to be covered under this permit and the present; 
    the location and a description of existing structural and nonstructural 
    control measures to reduce pollutants in storm water runoff; and a 
    description of any treatment the storm water receives.
        (c) Spills and Leaks--A list of significant spills and significant 
    leaks of toxic or hazardous pollutants that occurred at areas that are 
    exposed to precipitation or that otherwise drain to a storm water 
    conveyance at the facility after the date of 3 years prior to the date 
    of the submission of a Notice of Intent (NOI) to be covered under this 
    permit. Such list shall be updated as appropriate during the term of 
    the permit.
        (d) Sampling Data--A summary of existing discharge sampling data 
    describing pollutants in storm water discharges from the facility, 
    including a summary of sampling data collected during the term of this 
    permit.
        (e) Risk Identification and Summary of Potential Pollutant 
    Sources--A narrative description of the potential pollutant sources 
    from the following activities: loading and unloading operations; 
    outdoor storage activities; outdoor manufacturing or processing 
    activities; significant dust or particulate generating processes; 
    onsite waste disposal practices; industry-specific significant 
    materials and industrial activities (e.g., backwinding, beaming, 
    bleaching, backing, bonding carbonizing, carding, cut and sew 
    operations, desizing, drawing, dyeing flocking, fulling, knitting, 
    mercerizing, opening, packing, plying, scouring, slashing, spinning, 
    synthetic-felt processing, textile waste processing, tufting, turning, 
    weaving, web forming, winging, yarn spinning, and yarn texturing). The 
    description shall specifically list any significant potential source of 
    pollutants at the site and for each potential source, any pollutant or 
    pollutant parameter (e.g., biochemical oxygen demand, etc.) of concern 
    shall be identified.
        (3) Measures and Controls. Each facility covered by this permit 
    shall develop a description of storm water management controls 
    appropriate for the facility, and implement such controls. The 
    appropriateness and priorities of controls in a plan shall reflect 
    identified potential sources of pollutants at the facility. The 
    description of storm water management controls shall address the 
    following minimum components, including a schedule for implementing 
    such controls:
        (a) Good Housekeeping--Good housekeeping requires the maintenance 
    of areas which may contribute pollutants to storm water discharges in a 
    clean, orderly manner. The following areas must be specifically 
    addressed, when applicable at the facility:
        (i) Material Storage Areas--All stored and containerized materials 
    (fuels, petroleum products, solvents, dyes, etc.) must be stored in a 
    protected area, away from drains and clearly labeled. The plan must 
    describe measures that prevent or minimize contamination of storm water 
    runoff from such storage areas. The facility should specify which 
    materials are stored indoors and must provide a description of the 
    containment area or enclosure for those materials which are stored 
    outdoors. Above ground storage tanks, drums, and barrels permanently 
    stored outside must be delineated on the site map with a description of 
    the appropriated containment measures in place to prevent leaks and 
    spills. The facility may consider an inventory control plan to prevent 
    excessive purchasing, storage, and handling of potentially hazardous 
    substances. In the case of storage of empty chemical drums and 
    containers, facilities should employ practices which ensure that 
    barrels are clean and residuals are not subject to contact with storm 
    water, such practices may include triple-rinsing containers. The 
    discharge waters from such washings must be collected and disposed of 
    properly.
        (ii) Material Handling Area--The plan must describe measures that 
    prevent or minimize contamination of the storm water runoff from 
    materials handling operations and areas. The facility may consider the 
    use of spill and overflow protection; covering fueling areas; covering 
    and enclosing areas where the transfer of materials may occur. Where 
    applicable, the plan must address the replacement or repair of leaking 
    connections, valves, transfer lines and pipes that may carry chemicals, 
    dyes, or wastewater.
        (iii) Fueling Areas--The plan must describe measures that prevent 
    or minimize contamination of the storm water runoff from fueling areas. 
    The facility may consider covering the fueling area, using spill and 
    overflow protection, minimizing runon of storm water to the fueling 
    area, using dry cleanup methods, and/or collecting the storm water 
    runoff and providing treatment or recycling.
        (iv) Above Ground Storage Tank Areas--The plan must describe 
    measures that prevent or minimize contamination of the storm water 
    runoff from above ground storage tank areas. The facility must consider 
    storage tanks and their associated piping and valves. The facility may 
    consider regular cleanup of these areas, preparation of a spill 
    prevention control and countermeasure program, provide spill and 
    overflow protection, minimizing runon of storm water from adjacent 
    areas, restrict access to the area, insertion of filters in adjacent 
    catch basins, provide absorbent booms in unbermed fueling areas, use of 
    dry cleanup methods, and permanently sealing drains within critical 
    areas that may discharge to a storm drain.
        (b) Preventive Maintenance--A preventive maintenance program shall 
    involve timely inspection and maintenance of storm water management 
    devices (e.g., cleaning oil/water separators, sediment traps, catch 
    basins, infiltration devices, ponds) as well as inspecting and testing 
    facility equipment and systems to uncover conditions that could cause 
    breakdowns 
    
    [[Page 51229]]
    or failures resulting in discharges of pollutants to surface waters, 
    and ensuring appropriate maintenance of such equipment and systems.
        (c) Spill Prevention and Response Procedures--Areas where potential 
    spills which can contribute pollutants to storm water discharges can 
    occur, and their accompanying drainage points shall be identified 
    clearly in the storm water pollution prevention plan. Where 
    appropriate, specifying material handling procedures, storage 
    requirements, and use of equipment such as diversion valves in the plan 
    should be considered. Procedures for cleaning up spills shall be 
    identified in the plan and made available to the appropriate personnel. 
    The necessary equipment to implement a clean up should be available to 
    personnel.
        (d) Inspections--Qualified facility personnel shall be identified 
    to inspect designated equipment and areas of the facility at 
    appropriate intervals specified in the plan. Inspection intervals are 
    to occur on a monthly basis. Inspections of this nature shall include, 
    but not be limited to, the following areas: all containment and storage 
    areas, transfer and transmission lines, spill prevention, good 
    housekeeping practices, management of process waste products, all 
    structural and nonstructural management practices. A set of tracking or 
    follow-up procedures shall be used to ensure that appropriate actions 
    are taken in response to the inspections. Records of inspections shall 
    be maintained.
        (e) Employee Training--Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management at all levels of responsibility of the 
    components and goals of the storm water pollution prevention plan. 
    Training should address topics such as spill response, good 
    housekeeping and material management practices. The pollution 
    prevention plan shall identify dates for such training to take place at 
    least annually (once per calendar year). Employee training must, at a 
    minimum address the following areas when applicable to a facility: use 
    of reused/recycled waters; solvents management; proper disposal of 
    dyes; proper disposal of petroleum products and spent lubricants; spill 
    prevention and control; fueling procedures; and general good 
    housekeeping practices. Employees, independent contractors, and 
    customers must be informed about BMPs and be required to perform in 
    accordance with these practices. Copies of BMPs and any specific 
    management plans, including emergency phone numbers, shall be posted in 
    the work areas.
        (f) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents (such as spills, or other discharges), along with other 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. 
    Inspections and maintenance activities shall be documented and records 
    of such activities shall be incorporated into the plan.
        (g) Non-storm Water Discharges.
        (i) The plan shall include a certification that the discharge has 
    been tested or evaluated for the presence of non-storm water 
    discharges. The certification shall include the identification of 
    potential significant sources of non-storm water at the site, a 
    description of the results of any test and/or evaluation for the 
    presence of non-storm water discharges, the evaluation criteria or 
    testing method used, the date of any testing and/or evaluation, and the 
    onsite drainage points that were directly observed during the test. 
    Certifications shall be signed in accordance with Part VII.G. of this 
    permit. Such certification may not be feasible if the facility 
    operating the storm water discharge associated with industrial activity 
    does not have access to an outfall, manhole, or other point of access 
    to the ultimate conduit which receives the discharge. In such cases, 
    the source identification section of the storm water pollution 
    prevention plan shall indicate why the certification required by this 
    part was not feasible, along with the identification of potential 
    significant sources of non-storm water at the site. A discharger that 
    is unable to provide the certification required by this paragraph must 
    notify the Director in accordance with paragraph XI.V.3.a.(3)(g)(iii) 
    (below).
        (ii) Except for flows from fire fighting activities, sources of 
    non-storm water listed in Part III.A.2. of this permit that are 
    combined with storm water discharges associated with industrial 
    activity must be identified in the plan. The plan shall identify and 
    ensure the implementation of appropriate pollution prevention measures 
    for the non-storm water component(s) of the discharge.
        (iii) Failure to Certify--Any facility that is unable to provide 
    the certification required (testing for non-storm water discharges), 
    must notify the Director by [Insert date 270 days after permit 
    issuance] or, for facilities which begin to discharge storm water 
    associated with industrial activity after [Insert date 270 days after 
    permit issuance], 180 days after submitting an NOI to be covered by 
    this permit. If the failure to certify is caused by the inability to 
    perform adequate tests or evaluations, such notification shall 
    describe: the procedure of any test conducted for the presence of non-
    storm water discharges; the results of such test or other relevant 
    observations; potential sources of non-storm water discharges to the 
    storm sewer; and why adequate tests for such storm sewers were not 
    feasible. Non-storm water discharges to waters of the United States 
    which are not authorized by an NPDES permit are unlawful, and must be 
    terminated.
        (h) Sediment and Erosion Control--The plan shall identify areas 
    which, due to topography, activities, or other factors, have a high 
    potential for significant soil erosion, and identify structural, 
    vegetative, and/or stabilization measures to be used to limit erosion.
        (i) Management of Runoff--The plan shall contain a narrative 
    consideration of the appropriateness of traditional storm water 
    management practices (practices other than those which control the 
    generation or source(s) of pollutants) used to divert, infiltrate, 
    reuse, or otherwise manage storm water runoff in a manner that reduces 
    pollutants in storm water discharges from the site. The plan shall 
    provide that measures that the permittee determines to be reasonable 
    and appropriate shall be implemented and maintained. The potential of 
    various sources at the facility to contribute pollutants to storm water 
    discharges associated with industrial activity [see paragraph 
    XI.V.3.a.(2) of this section (Description of Potential Pollutant 
    Sources)] shall be considered when determining reasonable and 
    appropriate measures. Appropriate measures or other equivalent measures 
    may include: vegetative swales and practices, reuse of collected storm 
    water (such as for a process or as an irrigation source), inlet 
    controls (such as oil/water separators), snow management activities, 
    infiltration devices, and wet detention/retention devices.
        (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
    shall conduct site compliance evaluations at appropriate intervals 
    specified in the plan, but in no case less than once a year. Such 
    evaluations shall provide:
        (a) Areas contributing to a storm water discharge associated with 
    industrial activity (storage tank areas, waste disposal and storage 
    areas, dumpsters and open containers stored outside, materials storage 
    areas, engine maintenance and repair areas, material handling areas, 
    and loading dock areas) shall be visually inspected for evidence of, or 
    the potential for, pollutants 
    
    [[Page 51230]]
    entering the drainage system. Measures to reduce pollutant loadings 
    shall be evaluated to determine whether they are adequate and properly 
    implemented in accordance with the terms of the permit or whether 
    additional control measures are needed. Structural storm water 
    management measures, sediment and erosion control measures, and other 
    structural pollution prevention measures identified in the plan shall 
    be observed to ensure that they are operating correctly. A visual 
    inspection of equipment needed to implement the plan, such as spill 
    response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    paragraph XI.V.3.a.(2) of this section (Description of Potential 
    Pollutant Sources) and pollution prevention measures and controls 
    identified in the plan in accordance with paragraph XI.V.3.a.(3) of 
    this section (Measures and Controls) shall be revised as appropriate 
    within 2 weeks of such evaluation and shall provide for implementation 
    of any changes to the plan in a timely manner, but in no case more than 
    12 weeks after the evaluation.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan, and actions taken in accordance with 
    paragraph XI.V.3.a.(4)(b) (above) of the permit shall be made and 
    retained as part of the storm water pollution prevention plan for at 
    least 3 years from the date of the evaluation. The report shall 
    identify any incidents of noncompliance. Where a report does not 
    identify any incidents of noncompliance, the report shall contain a 
    certification that the facility is in compliance with the storm water 
    pollution prevention plan and this permit. The report shall be signed 
    in accordance with Part VII.G. (Signatory Requirements) of this permit.
        (d) Where compliance evaluation schedules overlap with inspections 
    required under 3.a.(3)(d), the compliance evaluation may be conducted 
    in place of one such inspection.
    4. Numeric Effluent Limitations
        There are no additional numeric effluent limitations beyond those 
    described in Part V.B of this permit.
    5. Monitoring and Reporting Requirements
        a. Quarterly Visual Examination of Storm Water Quality. Facilities 
    shall perform and document a visual examination of a representative 
    storm water discharge associated with industrial activity from each 
    outfall, except discharges exempted below. The examination must be made 
    at least once in each designated period [described in (1), below] 
    during daylight hours unless there is insufficient rainfall or snow 
    melt to produce a runoff event.
        (1) Examinations shall be conducted in each of the following 
    periods for the purposes of visually inspecting storm water quality 
    associated with storm water runoff or snow melt: January through March; 
    April through June; July through September; and October through 
    December.
        (2) Examinations shall be made of samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    one hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Whenever 
    practicable the same individual will carry out the collection and 
    examination of discharges for the life of the permit.
        When a discharger is unable to collect samples over the course of 
    the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examination. Adverse weather conditions which may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (3) Visual examination reports must be maintained in the pollution 
    prevention plan. The report shall include the examination date and 
    time, examination personnel, the nature of the discharge (i.e., runoff 
    or snow melt), visual quality of the storm water discharge (including 
    observations of color, odor, clarity, floating solids, settled solids, 
    suspended solids, foam, oil sheen, and other obvious indicators of 
    storm water pollution), and probable sources of any observed storm 
    water contamination.
        (4) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfalls provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and an explanation in detail why the 
    outfalls are expected to discharge substantially identical effluents. 
    In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (5) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility remains inactive and unstaffed. The facility must maintain 
    a certification with the pollution prevention plan stating that the 
    site is inactive and unstaffed so that performing visual examinations 
    during a qualifying event is not feasible.
    
    W. Storm Water Discharges Associated With Industrial Activity From Wood 
    and Metal Furniture and Fixture Manufacturing Facilities
    
    1. Discharges Covered Under This Section.
        The requirements listed under this section shall apply to storm 
    water discharges associated with industrial activities from facilities 
    involved in the manufacturing of: wood kitchen cabinets (generally 
    described by SIC code 2434); household furniture (generally described 
    by SIC code 251); office furniture (generally described by SIC code 
    252); public buildings and related furniture (generally described by 
    SIC code 253); partitions, shelving, lockers, and office and store 
    fixtures (generally described by SIC code 254); and miscellaneous 
    furniture and fixtures (generally described by SIC code 259). 
    
    [[Page 51231]]
    
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
    2. Special Conditions
    a. Prohibition of Non-storm Water Discharges. This section does not 
    cover any discharge subject to process wastewater effluent limitation 
    guidelines, including storm water that combines with process 
    wastewater.
    3. Storm Water Pollution Prevention Plan Requirements
        a. Contents of Plan. The plan shall include, at a minimum, the 
    following items:
        (1) Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team that are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility or plant manager in its implementation, maintenance, and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        (2) Description of Potential Pollutant Sources. Each plan shall 
    provide a description of potential sources which may reasonably be 
    expected to add significant amounts of pollutants to storm water 
    discharges or which may result in the discharge of pollutants during 
    dry weather from separate storm sewers draining the facility. Each plan 
    shall identify all activities and significant materials which may 
    potentially be significant pollutant sources. Each plan shall include, 
    at a minimum:
        (a) Drainage.
        (i) A site map indicating an outline of the portions of the 
    drainage area of each storm water outfall that are within the facility 
    boundaries, each existing structural control measure to reduce 
    pollutants in storm water runoff, surface water bodies, locations where 
    significant materials are exposed to precipitation, locations where 
    major spills or leaks identified under Part XI.W.3.a.(2)(c) (Spills and 
    Leaks) of this permit have occurred, and the locations of the following 
    activities where such activities are exposed to precipitation: fueling 
    stations; vehicle and equipment maintenance and/or cleaning areas; 
    loading and unloading areas; material storage (including tanks or other 
    vessels used for liquid or waste storage) areas; outdoor material 
    processing areas; areas where wastes are treated, stored, or disposed; 
    access roads; and rail spurs. The map must indicate the outfall 
    locations and the types of discharges contained in the drainage areas 
    of the outfalls.
        (ii) For each area of the facility that generates storm water 
    discharges associated with industrial activity with a reasonable 
    potential for containing significant amounts of pollutants, a 
    prediction of the direction of flow, and an identification of the types 
    of pollutants which are likely to be present in storm water discharges 
    associated with industrial activity. Factors to consider include the 
    toxicity of the chemical; quantity of chemicals used, produced or 
    discharged; the likelihood of contact with storm water; and history of 
    significant leaks or spills of toxic or hazardous pollutants. Flows 
    with a significant potential for causing erosion shall be identified.
        (b) Inventory of Exposed Materials--An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation. Such inventory shall include a narrative description of 
    significant materials that have been handled, treated, stored or 
    disposed in a manner to allow exposure to storm water between the time 
    of 3 years prior to the date of the submission of a Notice of Intent 
    (NOI) to be covered under this permit and the present; method and 
    location of onsite storage or disposal; materials management practices 
    employed to minimize contact of materials with storm water runoff 
    between the time of 3 years prior to the date of the submission of a 
    Notice of Intent (NOI) to be covered under this permit and the present; 
    the location and a description of existing structural and nonstructural 
    control measures to reduce pollutants in storm water runoff; and a 
    description of any treatment the storm water receives.
        (c) Spills and Leaks--A list of significant spills and significant 
    leaks of toxic or hazardous pollutants that occurred at areas that are 
    exposed to precipitation or that otherwise drain to a storm water 
    conveyance at the facility after the date of 3 years prior to the date 
    of the submission of a Notice of Intent (NOI) to be covered under this 
    permit. Such list shall be updated as appropriate during the term of 
    the permit.
        (d) Sampling Data--A summary of existing discharge sampling data 
    describing pollutants in storm water discharges from the facility, 
    including a summary of sampling data collected during the term of this 
    permit.
        (e) Risk Identification and Summary of Potential Pollutant 
    Sources--A narrative description of the potential pollutant sources 
    from the following activities: loading and unloading operations; 
    outdoor storage activities; outdoor manufacturing or processing 
    activities; significant dust or particulate generating processes; and 
    onsite waste treatment, storage, or disposal practices. The description 
    shall specifically list any significant potential source of pollutants 
    at the site and for each potential source, any pollutant or pollutant 
    parameter (e.g., biochemical oxygen demand, etc.) of concern shall be 
    identified.
        (3) Measures and Controls. Each facility covered by this permit 
    shall develop a description of storm water management controls 
    appropriate for the facility, and implement such controls. The 
    appropriateness and priorities of controls in a plan shall reflect 
    identified potential sources of pollutants at the facility. The 
    description of storm water management controls shall address the 
    following minimum components, including a schedule for implementing 
    such controls:
        (a) Good Housekeeping--Good housekeeping requires the maintenance 
    of areas which may contribute pollutants to storm water discharges in a 
    clean, orderly manner.
        (b) Preventive Maintenance--A preventive maintenance program shall 
    involve timely inspection and maintenance of storm water management 
    devices (e.g., cleaning oil/water separators, catch basins) as well as 
    inspecting and testing facility equipment and systems to uncover 
    conditions that could cause breakdowns or failures resulting in 
    discharges of pollutants to surface waters, and ensuring appropriate 
    maintenance of such equipment and systems.
        (c) Spill Prevention and Response Procedures--Areas where potential 
    spills which can contribute pollutants to storm water discharges can 
    occur, and their accompanying drainage points shall be identified 
    clearly in the storm 
    
    [[Page 51232]]
    water pollution prevention plan. Where appropriate, specifying material 
    handling procedures, storage requirements, and use of equipment such as 
    diversion valves in the plan should be considered. Procedures for 
    cleaning up spills shall be identified in the plan and made available 
    to the appropriate personnel. The necessary equipment to implement a 
    clean up should be available to personnel.
        (d) Inspections--In addition to the comprehensive site compliance 
    evaluation required under Part XI.W.3.a.(4), of this permit, qualified 
    facility personnel shall be identified to inspect the following on a 
    quarterly basis: the integrity of storm water discharge diversions, 
    conveyance systems, sediment control and collection systems, and 
    containment structures; vegetative BMPs to determine if soil erosion 
    has occurred; and material handling and storage areas and other 
    potential sources of pollution for evidence of actual or potential 
    pollutant discharges of contaminated storm water. Information must be 
    maintained onsite and include the inspection date and time and the name 
    of personnel conducting the visual inspection. The pollution prevention 
    plan must be updated based on the results of each inspection. A set of 
    tracking or follow-up procedures shall be used to ensure that 
    appropriate actions are taken in response to the inspections. Records 
    of inspections shall be maintained. The use of a checklist developed by 
    the facility is encouraged.
        (e) Employee Training--Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management at all levels of responsibility of the 
    components and goals of the storm water pollution prevention plan. 
    Training should address topics such as spill response, good 
    housekeeping and material management practices. The pollution 
    prevention plan shall identify periodic dates for such training.
        (f) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents (such as spills, or other discharges), BMP inspection and 
    maintenance activities, along with other information describing the 
    quality and quantity of storm water discharges shall be included in the 
    plan required under this part. Inspections and maintenance activities 
    shall be documented and records of such activities shall be 
    incorporated into the plan. Ineffective BMPs must be reported and the 
    date of their corrective action noted.
        (g) Non-storm Water Discharges.
        (i) The plan shall include a certification that the discharge has 
    been tested or evaluated for the presence of non-storm water 
    discharges. The certification shall include the identification of 
    potential significant sources of non-storm water at the site, a 
    description of the results of any test and/or evaluation for the 
    presence of non-storm water discharges, the evaluation criteria or 
    testing method used, the date of any testing and/or evaluation, and the 
    onsite drainage points that were directly observed during the test. 
    Certifications shall be signed in accordance with Part VII.G. of this 
    permit. Such certification may not be feasible if the facility 
    operating the storm water discharge associated with industrial activity 
    does not have access to an outfall, manhole, or other point of access 
    to the ultimate conduit which receives the discharge. In such cases, 
    the source identification section of the storm water pollution 
    prevention plan shall indicate why the certification required by this 
    part was not feasible, along with the identification of potential 
    significant sources of non-storm water at the site. A discharger that 
    is unable to provide the certification required by this paragraph must 
    notify the Director in accordance with paragraph XI.W.3.a.(3)(g)(iii) 
    (below).
        (ii) Except for flows from fire fighting activities, sources of 
    non-storm water listed in Part III.A.2. (Prohibition of Non-storm Water 
    Discharges) of this permit that are combined with storm water 
    discharges associated with industrial activity must be identified in 
    the plan. The plan shall identify and ensure the implementation of 
    appropriate pollution prevention measures for the non-storm water 
    component(s) of the discharge.
        (iii) Failure to Certify--Any facility that is unable to provide 
    the certification required (testing for non-storm water discharges), 
    must notify the Director by [Insert date 270 days after permit 
    issuance] or, for facilities which begin to discharge storm water 
    associated with industrial activity after [Insert date 270 days after 
    permit issuance], 180 days after submitting an NOI to be covered by 
    this permit. If the failure to certify is caused by the inability to 
    perform adequate tests or evaluations, such notification shall 
    describe: the procedure of any test conducted for the presence of non-
    storm water discharges; the results of such test or other relevant 
    observations; potential sources of non-storm water discharges to the 
    storm sewer; and why adequate tests for such storm sewers were not 
    feasible. Non-storm water discharges to waters of the United States 
    which are not authorized by an NPDES permit are unlawful, and must be 
    terminated.
        (h) Sediment and Erosion Control--The plan shall identify areas 
    which, due to topography, activities, or other factors, have a high 
    potential for significant soil erosion, and identify structural, 
    vegetative, and/or stabilization measures to be used to limit erosion.
        (i) Management of Runoff--The plan shall contain a narrative 
    consideration of the appropriateness of traditional storm water 
    management practices (practices other than those which control the 
    generation or source(s) of pollutants) used to divert, infiltrate, 
    reuse, or otherwise manage storm water runoff in a manner that reduces 
    pollutants in storm water discharges from the site. The plan shall 
    provide that measures that the permittee determines to be reasonable 
    and appropriate shall be implemented and maintained. The potential of 
    various sources at the facility to contribute pollutants to storm water 
    discharges associated with industrial activity [see paragraph 
    XI.W.3.a.(2) of this section (Description of Potential Pollutant 
    Sources)] shall be considered when determining reasonable and 
    appropriate measures. Appropriate measures or other equivalent measures 
    may include: vegetative swales and practices, reuse of collected storm 
    water (such as for a process or as an irrigation source), inlet 
    controls (such as oil/water separators), snow management activities, 
    infiltration devices, and wet detention/retention devices.
        (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
    shall conduct site compliance evaluations at appropriate intervals 
    specified in the plan, but, in no case less than once a year. Such 
    evaluations shall provide:
        (a) Areas contributing to a storm water discharge associated with 
    industrial activity including, but not limited to, coal piles, ash 
    disposal areas, loading/unloading operations, and waste treatment, 
    storage, or disposal locations shall be visually inspected for evidence 
    of, or the potential for, pollutants entering the drainage system. 
    Measures to reduce pollutant loadings shall be evaluated to determine 
    whether they are adequate and properly implemented in accordance with 
    the terms of the permit or whether additional control measures are 
    needed. Structural storm water management measures, sediment and 
    erosion control measures, and other structural pollution prevention 
    measures identified in the plan shall be observed to ensure that they 
    are operating correctly. A visual 
    
    [[Page 51233]]
    inspection of equipment needed to implement the plan, such as spill 
    response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    paragraph XI.W.3.a.(2) of this section (Description of Potential 
    Pollutant Sources) and pollution prevention measures and controls 
    identified in the plan in accordance with paragraph XI.W.3.a.(3) of 
    this section (Measures and Controls) shall be revised as appropriate 
    within 2 weeks of such evaluation and shall provide for implementation 
    of any changes to the plan in a timely manner, but in no case more than 
    12 weeks after the evaluation.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan, and actions taken in accordance with 
    paragraph XI.W.a.(4)(b) (above) of the permit shall be made and 
    retained as part of the storm water pollution prevention plan for at 
    least 3 years from the date of the evaluation. The report shall 
    identify any incidents of noncompliance. Where a report does not 
    identify any incidents of noncompliance, the report shall contain a 
    certification that the facility is in compliance with the storm water 
    pollution prevention plan and this permit. The report shall be signed 
    in accordance with Part VII.G. (Signatory Requirements) of this permit.
        (d) Where compliance evaluation schedules overlap with inspections 
    required under XI.W.3.a.(3)(d), the compliance evaluation may be 
    conducted in place of one such inspection.
    4. Numeric Effluent Limitations
        There are no additional numeric effluent limitations beyond those 
    described in Part V.B of this permit.
    5. Monitoring and Reporting Requirements
        a. Monitoring Requirements.
        (1) Quarterly Visual Examination of Storm Water Quality. Facilities 
    shall perform and document a visual examination of a storm water 
    discharge associated with industrial activity from each outfall, except 
    discharges exempted below. The examination must be made at least once 
    in each designated period (described in (a), below) during daylight 
    hours unless there is insufficient rainfall or snow melt to produce a 
    runoff event.
        (a) Examinations shall be conducted in each of the following 
    periods for the purposes of visually inspecting storm water quality 
    associated with storm water runoff or snow melt: January through March; 
    April through June; July through September; and October through 
    December.
        (b) Examinations shall be made of samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    one hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Whenever 
    practicable the same individual will carry out the collection and 
    examination of discharges for the life of the permit.
        (c) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examination. Adverse weather conditions which may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricanes, tornadoes, electrical storms, etc.) or otherwise 
    make the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (d) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility remains inactive and unstaffed. The facility must maintain 
    a certification with the pollution prevention plan stating that the 
    site is inactive and unstaffed so that performing visual examinations 
    during a qualifying event is not feasible.
        (e) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (f) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the observation data also applies 
    to the substantially identical outfalls provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explaining in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    (e.g., low (under 40 percent), medium (40 to 65 percent) or high (above 
    65 percent)) shall be provided in the plan.
        (g) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination. Adverse weather conditions which may prohibit 
    the collection of samples include weather conditions that create 
    dangerous conditions for personnel (such as local flooding, high winds, 
    hurricane, tornadoes, electrical storms, etc.) or otherwise make the 
    collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
    
    X. Storm Water Discharges Associated With Industrial Activity From 
    Printing and Publishing Facilities
    
    1. Discharges Covered Under This Section
        The requirements listed under this section shall apply to storm 
    water discharges associated with industrial activity from the following 
    types of facilities: book printing (SIC Code 2732); commercial 
    printing, lithographic (SIC Code 2752); commercial printing, gravure 
    (SIC Code 2754); commercial printing, not elsewhere classified (SIC 
    Code 2759); and platemaking and related services (SIC Code 2796).
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being 
    
    [[Page 51234]]
    conducted onsite that meet the description(s) of industrial activities 
    in another section(s), that industrial facility shall comply with any 
    and all applicable monitoring and pollution prevention plan 
    requirements of the other section(s) in addition to all applicable 
    requirements in this section. The monitoring and pollution prevention 
    plan terms and conditions of this multi-sector permit are additive for 
    industrial activities being conducted at the same industrial facility 
    (co-located industrial activities). The operator of the facility shall 
    determine which other monitoring and pollution prevention plan 
    section(s) of this permit (if any) are applicable to the facility.
    2. Special Conditions
        There are no additional special conditions beyond those found in 
    Part III. of today's permit.
    3. Storm Water Pollution Prevention Plan Requirements
        a. Contents of Plan. The plan shall include, at a minimum, the 
    following items:
        (1) Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team that are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility or plant manager in its implementation, maintenance, and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        (2) Description of Potential Pollutant Sources. Each plan shall 
    provide a description of potential sources which may reasonably be 
    expected to add significant amounts of pollutants to storm water 
    discharges or which may result in the discharge of pollutants during 
    dry weather from separate storm sewers draining the facility. Each plan 
    shall identify all activities and significant materials which may 
    potentially be significant pollutant sources. Each plan shall include, 
    at a minimum:
        (a) Drainage.
        (i) A site map indicating an outline of the portions of the 
    drainage area of each storm water outfall that are within the facility 
    boundaries, each existing structural control measure to reduce 
    pollutants in storm water runoff, surface water bodies, locations where 
    significant materials are exposed to precipitation, locations where 
    major spills or leaks identified under Part XI.X.3.a.(2)(c) (Spills and 
    Leaks) of this section have occurred, and the locations of the 
    following activities where such activities are exposed to 
    precipitation: fueling stations, vehicle and equipment maintenance and/
    or cleaning areas, loading/unloading areas, locations used for the 
    treatment, storage or disposal of wastes, liquid storage tanks, 
    processing areas and storage areas. Above ground storage tanks, drums, 
    and barrels permanently stored outside must be delineated on the site 
    map. The map must indicate the outfall locations and the types of 
    discharges contained in the drainage areas of the outfalls.
        (ii) For each area of the facility that generates storm water 
    discharges associated with industrial activity with a reasonable 
    potential for containing significant amounts of pollutants, a 
    prediction of the direction of flow, and an identification of the types 
    of pollutants which are likely to be present in storm water discharges 
    associated with industrial activity. Factors to consider include the 
    toxicity of the chemical; quantity of chemicals used, produced or 
    discharged; the likelihood of contact with storm water; and history of 
    significant leaks or spills of toxic or hazardous pollutants. Flows 
    with a significant potential for causing erosion shall be identified.
        (b) Inventory of Exposed Materials--An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation. Such inventory shall include a narrative description of 
    significant materials that have been handled, treated, stored or 
    disposed in a manner to allow exposure to storm water between the time 
    of 3 years prior to the date of the submission of a Notice of Intent 
    (NOI) to be covered under this permit and the present; method and 
    location of onsite storage or disposal; materials management practices 
    employed to minimize contact of materials with storm water runoff 
    between the time of 3 years prior to the date of the submission of a 
    Notice of Intent (NOI) to be covered under this permit and the present; 
    the location and a description of existing structural and nonstructural 
    control measures to reduce pollutants in storm water runoff; and a 
    description of any treatment the storm water receives.
        (c) Spills and Leaks--A list of significant spills and significant 
    leaks of toxic or hazardous pollutants that occurred at areas that are 
    exposed to precipitation or that otherwise drain to a storm water 
    conveyance at the facility after the date of 3 years prior to the date 
    of the submission of a Notice of Intent (NOI) to be covered under this 
    permit. Such list shall be updated as appropriate during the term of 
    the permit.
        (d) Sampling Data--A summary of existing discharge sampling data 
    describing pollutants in storm water discharges from the facility, 
    including a summary of sampling data collected during the term of this 
    permit.
        (e) Risk Identification and Summary of Potential Pollutant 
    Sources--A narrative description of the potential pollutant sources 
    from the following activities associated with printing, publishing and 
    allied facilities: loading and unloading operations; outdoor storage 
    activities; significant dust or particulate generating processes; and 
    onsite waste disposal practices (i.e., blanket wash). The description 
    shall specifically list any significant potential source of pollutants 
    at the site and for each potential source, any pollutant or pollutant 
    parameter (e.g., oil and grease, scrap metal, etc.) of concern shall be 
    identified.
        (3) Measures and Controls. Each facility covered by this permit 
    shall develop a description of storm water management controls 
    appropriate for the facility, and implement such controls. The 
    appropriateness and priorities of controls in a plan shall reflect 
    identified potential sources of pollutants at the facility. The 
    description of storm water management controls shall address the 
    following minimum components, including a schedule for implementing 
    such controls:
        (a) Good Housekeeping--Good housekeeping requires the maintenance 
    of areas which may contribute pollutants to storm water discharges in a 
    clean, orderly manner. Areas where good housekeeping should be 
    implemented include:
        (i) Material Storage Areas--All stored and containerized materials 
    (skids, pallets, solvents, bulk inks, and hazardous waste, empty drums, 
    portable/mobile containers of plant debris, wood crates, steel racks, 
    fuel oil, etc.) should be stored in a protected area, away from drains 
    and properly labeled. The plan should describe measures that prevent or 
    minimize contamination of the storm water runoff from such storage 
    areas. The facility should specify which materials are stored indoors 
    and must provide a description of the containment area or enclosure for 
    those materials which are stored outdoors. The facility may consider an 
    inventory control plan to prevent excessive purchasing, storage, and 
    handling of potentially hazardous substances. The facility may consider 
    indoor storage of the materials and/or 
    
    [[Page 51235]]
    installation of berming and diking of the area.
        (ii) Material Handling Areas--The plan must describe measures that 
    prevent or minimize contamination of the storm water runoff from 
    materials handling operations and areas (i.e., blanket wash, mixing 
    solvents, loading/unloading materials). The facility may consider the 
    use of spill and overflow protection; covering fuel areas; covering and 
    enclosing areas where the transfer of materials may occur. Where 
    applicable, the plan must address the replacement or repair of leaking 
    connections, valves, transfer lines and pipes that may carry chemicals, 
    or wastewater.
        (iii) Fueling Areas--The plan must describe measures that prevent 
    or minimize contamination of the storm water runoff from fueling areas. 
    The facility may consider covering the fueling area, using spill and 
    overflow protection, minimizing runon of storm water to the fueling 
    area, using dry cleanup methods, and/or collecting the storm water 
    runoff and providing treatment or recycling.
        (iv) Above Ground Storage Tank Areas--The plan must describe 
    measures that prevent or minimize contamination of the storm water 
    runoff from above ground storage tanks and their associated piping and 
    valves. The facility may consider regular cleanup of these areas, 
    preparation of a spill prevention control and countermeasure program, 
    provide spill and overflow protection, minimizing runon of storm water 
    from adjacent facilities and properties, restrict access to the area, 
    insertion of filters in adjacent catch basins, provide absorbent booms 
    in unbermed fueling areas, use of dry cleanup methods, and permanently 
    sealing drains within critical areas that may discharge to a storm 
    drain.
        (b) Preventive Maintenance--A preventive maintenance program shall 
    involve timely inspection and maintenance of storm water management 
    devices (e.g., cleaning oil/water separators, vegetative swales, 
    secondary containment, catch basins) as well as inspecting and testing 
    facility equipment and systems to uncover conditions that could cause 
    breakdowns or failures resulting in discharges of pollutants to surface 
    waters, and ensuring appropriate maintenance of such equipment and 
    systems.
        (c) Spill Prevention and Response Procedures--Areas where potential 
    spills which can contribute pollutants to storm water discharges can 
    occur, and their accompanying drainage points shall be identified 
    clearly in the storm water pollution prevention plan. Where 
    appropriate, specifying material handling procedures, storage 
    requirements, and use of equipment such as diversion valves in the plan 
    should be considered. Procedures for cleaning up spills shall be 
    identified in the plan and made available to the appropriate personnel. 
    The necessary equipment to implement a clean up should be available to 
    personnel.
        (d) Inspections--Qualified facility personnel shall be identified 
    to inspect designated equipment and areas of the facility on an annual 
    basis. The following areas shall be included in, but not limited to, 
    all inspections: all containment and material storage areas, fueling 
    areas, loading and unloading areas, equipment cleaning areas. A set of 
    tracking or follow-up procedures shall be used to ensure that 
    appropriate actions are taken in response to the inspections. Records 
    of inspections shall be maintained.
        (e) Employee Training--Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management at all levels of responsibility of the 
    components and goals of the storm water pollution prevention plan. The 
    pollution prevention plan shall identify how often training will take 
    place, but training should be provided annually. Employee training 
    must, at a minimum, address the following areas when applicable to a 
    facility: spent solvent management; spill prevention and control; used 
    oil management; fueling procedures; and general good housekeeping 
    practices. The pollution prevention plan shall identify periodic dates 
    for such training.
        (f) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents (such as spills, or other discharges), along with other 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. 
    Inspections and maintenance activities shall be documented and records 
    of such activities shall be incorporated into the plan.
        (g) Non-storm Water Discharges.
        (i) The plan shall include a certification that the discharge has 
    been tested or evaluated for the presence of non-storm water 
    discharges. The certification shall include the identification of 
    potential significant sources of non-storm water at the site, a 
    description of the results of any test and/or evaluation for the 
    presence of non-storm water discharges, the evaluation criteria or 
    testing method used, the date of any testing and/or evaluation, and the 
    onsite drainage points that were directly observed during the test. 
    Certifications shall be signed in accordance with Part VII.G. of this 
    permit. Such certification may not be feasible if the facility 
    operating the storm water discharge associated with industrial activity 
    does not have access to an outfall, manhole, or other point of access 
    to the ultimate conduit which receives the discharge. In such cases, 
    the source identification section of the storm water pollution 
    prevention plan shall indicate why the certification required by this 
    part was not feasible, along with the identification of potential 
    significant sources of non-storm water at the site. A discharger that 
    is unable to provide the certification required by this paragraph must 
    notify the Director in accordance with paragraph XI.X.3.a.(3)(g)(iii) 
    (below).
        (ii) Except for flows from fire fighting activities, sources of 
    non-storm water listed in Part III.A.2 (Non-storm Water Discharges) of 
    this permit that are combined with storm water discharges associated 
    with industrial activity must be identified in the plan. The plan shall 
    identify and ensure the implementation of appropriate pollution 
    prevention measures for the non-storm water component(s) of the 
    discharge.
        (iii) Failure to Certify--Any facility that is unable to provide 
    the certification required (testing for non-storm water discharges), 
    must notify the Director by [Insert date 270 days after permit 
    issuance] or, for facilities which begin to discharge storm water 
    associated with industrial activity after [Insert date 270 days after 
    permit issuance], 180 days after submitting an NOI to be covered by 
    this permit. If the failure to certify is caused by the inability to 
    perform adequate tests or evaluations, such notification shall 
    describe: the procedure of any test conducted for the presence of non-
    storm water discharges; the results of such test or other relevant 
    observations; potential sources of non-storm water discharges to the 
    storm sewer; and why adequate tests for such storm sewers were not 
    feasible. Non-storm water discharges to waters of the United States 
    which are not authorized by an NPDES permit are unlawful, and must be 
    terminated.
        (h) Sediment and Erosion Control--The plan shall identify areas 
    which, due to topography, activities, or other factors, have a high 
    potential for significant soil erosion, and identify structural, 
    vegetative, and/or stabilization measures to be used to limit erosion.
        (i) Management of Runoff--The plan shall contain a narrative 
    consideration of the appropriateness of traditional 
    
    [[Page 51236]]
    storm water management practices (practices other than those which 
    control the generation or source(s) of pollutants) used to divert, 
    infiltrate, reuse, or otherwise manage storm water runoff in a manner 
    that reduces pollutants in storm water discharges from the site. The 
    plan shall provide that measures that the permittee determines to be 
    reasonable and appropriate shall be implemented and maintained. The 
    potential of various sources at the facility to contribute pollutants 
    to storm water discharges associated with industrial activity [see 
    paragraph XI.X.3.a.(2) of this section (Description of Potential 
    Pollutant Sources)] shall be considered when determining reasonable and 
    appropriate measures. Appropriate measures or other equivalent measures 
    may include: vegetative swales and practices, reuse of collected storm 
    water (such as for a process or as an irrigation source), inlet 
    controls (such as oil/water separators), snow management activities, 
    infiltration devices, and wet detention/retention devices.
        (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
    shall conduct site compliance evaluations at appropriate intervals 
    specified in the plan, but in no case less than once a year. Such 
    evaluations shall provide:
        (a) Areas contributing to a storm water discharge associated with 
    industrial activity (including, but not limited to, material handling 
    areas, material storage areas, waste disposal and storage areas, 
    loading/unloading areas) shall be visually inspected for evidence of, 
    or the potential for, pollutants entering the drainage system. Measures 
    to reduce pollutant loadings shall be evaluated to determine whether 
    they are adequate and properly implemented in accordance with the terms 
    of the permit or whether additional control measures are needed. 
    Structural storm water management measures, sediment and erosion 
    control measures, and other structural pollution prevention measures 
    identified in the plan shall be observed to ensure that they are 
    operating correctly. A visual inspection of equipment needed to 
    implement the plan, such as spill response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    paragraph XI.X.3.a.(2) of this section (Description of Potential 
    Pollutant Sources) and pollution prevention measures and controls 
    identified in the plan in accordance with paragraph XI.X.3.a.(3) of 
    this section (Measures and Controls) shall be revised as appropriate 
    within 2 weeks of such evaluation and shall provide for implementation 
    of any changes to the plan in a timely manner, but in no case more than 
    12 weeks after the evaluation.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan, and actions taken in accordance with 
    paragraph XI.X.3.a.(4)(b) (above) of the permit shall be made and 
    retained as part of the storm water pollution prevention plan for at 
    least 3 years from the date of the evaluation. The report shall 
    identify any incidents of noncompliance. Where a report does not 
    identify any incidents of noncompliance, the report shall contain a 
    certification that the facility is in compliance with the storm water 
    pollution prevention plan and this permit. The report shall be signed 
    in accordance with Part VII.G. (Signatory Requirements) of this permit.
        (d) Where compliance evaluation schedules overlap with inspections 
    required under 3.a.(3)(d), the compliance evaluation may be conducted 
    in place of one such inspection.
    4. Numeric Effluent Limitations
        There are no additional numeric effluent limitations beyond those 
    described in Part V.B. of this permit.
    5. Monitoring and Reporting Requirements
        a. Monitoring Requirements.
        (1) Quarterly Visual Examination of Storm Water Quality. Facilities 
    shall perform and document a visual examination of a storm water 
    discharge associated with industrial activity for each outfall except 
    discharges exempted below. The examination must be made at least once 
    in each designated period [described in (a), below] during daylight 
    hours unless there is insufficient rainfall or snow melt to produce a 
    runoff event.
        (a) Examinations shall be conducted in each of the following 
    periods for the purposes of visually inspecting storm water quality 
    associated with storm water runoff or snow melt: January through March; 
    April through June; July through September; and October through 
    December.
        (b) Examinations shall be made of a grab sample collected within 
    the first 30 minutes (or as soon thereafter as practical, but not to 
    exceed one hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Whenever 
    practicable the same individual will carry out the collection and 
    examination of discharges for the life of the permit.
        When a discharger is unable to collect samples over the course of 
    the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examination. Adverse weather conditions which may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (c) Visual examination reports must be maintained in the pollution 
    prevention plan. The report shall include the examination date and 
    time, examination personnel, the nature of the discharge (i.e., runoff 
    or snow melt), visual quality of the storm water discharge (including 
    observations of color, odor, clarity, floating solids, settled solids, 
    suspended solids, foam, oil sheen, and other obvious indicators of 
    storm water pollution), and probable sources of any observed storm 
    water contamination.
        (d) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfalls provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explaining in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the 
    
    [[Page 51237]]
    drainage area [e.g., low (under 40 percent), medium (40 to 65 percent), 
    or high (above 65 percent)] shall be provided in the plan.
        (e) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility remains inactive and unstaffed. The facility must maintain 
    a certification with the pollution prevention plan stating that the 
    site is inactive and unstaffed so that performing visual examinations 
    during a qualifying event is not feasible.
    
    Y. Storm Water Discharges Associated With Industrial Activity From 
    Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing 
    Industries
    
    1. Discharges Covered Under This Section
        The requirements listed under this section shall apply to all storm 
    water discharges associated with industrial activity from rubber and 
    miscellaneous plastic products manufacturing facilities (SIC major 
    group 30) and miscellaneous manufacturing industries, except jewelry, 
    silverware, and plated ware (SIC major group 39, except 391).
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
    2. Special Conditions
        Prohibition of Non-storm Water Discharges. Other than as provided 
    in Part III.A. of this permit, non-storm water discharges are not 
    authorized by this section.
    3. Storm Water Pollution Prevention Plan Requirements
        a. Contents of Plan. The plan shall include, at a minimum, the 
    following items:
        (1) Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team that are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility or plant manager in its implementation, maintenance, and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        (2) Description of Potential Pollutant Sources. Each plan shall 
    provide a description of potential sources which may reasonably be 
    expected to add significant amounts of pollutants to storm water 
    discharges or which may result in the discharge of pollutants during 
    dry weather from separate storm sewers draining the facility. Each plan 
    shall identify all activities and significant materials which may 
    potentially be significant pollutant sources. All rubber manufacturers 
    shall in particular review the use of zinc at their facilities and the 
    possible pathways through which zinc may be discharged in storm water 
    runoff. Each plan shall include, at a minimum:
        Drainage.
        (i) A site map indicating an outline of the portions of the 
    drainage area of each storm water outfall that are within the facility 
    boundaries, each existing structural control measure to reduce 
    pollutants in storm water runoff, surface water bodies, locations where 
    significant materials are exposed to precipitation, locations where 
    major spills or leaks identified under Part XI.Y.3.a.(2)(c) (Spills and 
    Leaks) of this permit have occurred, and the locations of the following 
    activities where such activities are exposed to precipitation: fueling 
    stations, vehicle and equipment maintenance and/or cleaning areas, 
    loading/unloading areas, locations used for the treatment, storage or 
    disposal of wastes, liquid storage tanks, processing areas and storage 
    areas. The map must indicate the outfall locations and the types of 
    discharges contained in the drainage areas of the outfalls.
        (ii) For each area of the facility that generates storm water 
    discharges associated with industrial activity with a reasonable 
    potential for containing significant amounts of pollutants, a 
    prediction of the direction of flow, and an identification of the types 
    of pollutants which are likely to be present in storm water discharges 
    associated with industrial activity. Factors to consider include the 
    toxicity of a chemical; quantity of chemicals used, produced or 
    discharged; the likelihood of contact with storm water; and history of 
    significant leaks or spills of toxic or hazardous pollutants. Flows 
    with a significant potential for causing erosion shall be identified.
        (b) Inventory of Exposed Materials--An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation. Such inventory shall include a narrative description of 
    significant materials that have been handled, treated, stored or 
    disposed in a manner to allow exposure to storm water between the time 
    of 3 years prior to the date of the submission of a Notice of Intent 
    (NOI) to be covered under this permit and the present; method and 
    location of onsite storage or disposal; materials management practices 
    employed to minimize contact of materials with storm water runoff 
    between the time of 3 years prior to the date of the submission of a 
    Notice of Intent (NOI) to be covered under this permit and the present; 
    the location and a description of existing structural and nonstructural 
    control measures to reduce pollutants in storm water runoff; and a 
    description of any treatment the storm water receives.
        (c) Spills and Leaks--A list of significant spills and significant 
    leaks of toxic or hazardous pollutants that occurred at areas that are 
    exposed to precipitation or that otherwise drain to a storm water 
    conveyance at the facility after the date of 3 years prior to the date 
    of the submission of a Notice of Intent (NOI) to be covered under this 
    permit. Such list shall be updated as appropriate during the term of 
    the permit.
        (d) Sampling Data--A summary of existing discharge sampling data 
    describing pollutants in storm water discharges from the facility, 
    including a summary of sampling data collected during the term of this 
    permit.
        (e) Risk Identification and Summary of Potential Pollutant 
    Sources--A narrative description of the potential pollutant sources 
    from the following activities: loading and unloading operations; 
    outdoor storage activities; outdoor manufacturing or processing 
    activities; significant dust or particulate generating processes; and 
    onsite waste disposal practices. The description shall specifically 
    list any significant potential source of pollutants at the site and for 
    each potential source, any pollutant or pollutant parameter (e.g., 
    biochemical oxygen demand, etc.) of concern shall be identified.
        Measures and Controls. Each facility covered by this permit shall 
    develop a description of storm water management controls appropriate 
    for the facility, and implement such controls. The appropriateness and 
    priorities of 
    
    [[Page 51238]]
    controls in a plan shall reflect identified potential sources of 
    pollutants at the facility. Facilities subject to EPCRA Section 313 
    should note that the special requirements of Part IV.E. of this permit 
    also apply to their facilities. The description of storm water 
    management controls shall address the following minimum components, 
    including a schedule for implementing such controls:
        (a) Good Housekeeping--Good housekeeping requires the maintenance 
    of areas which may contribute pollutants to storm water discharges in a 
    clean, orderly manner.
        (b) Preventive Maintenance--A preventive maintenance program shall 
    involve timely inspection and maintenance of storm water management 
    devices (e.g., cleaning oil/water separators, catch basins) as well as 
    inspecting and testing facility equipment and systems to uncover 
    conditions that could cause breakdowns or failures resulting in 
    discharges of pollutants to surface waters, and ensuring appropriate 
    maintenance of such equipment and systems.
        (c) Spill Prevention and Response Procedures--Areas where potential 
    spills which can contribute pollutants to storm water discharges can 
    occur, and their accompanying drainage points shall be identified 
    clearly in the storm water pollution prevention plan. Where 
    appropriate, specifying material handling procedures, storage 
    requirements, and use of equipment such as diversion valves in the plan 
    should be considered. Procedures for cleaning up spills shall be 
    identified in the plan and made available to the appropriate personnel. 
    The necessary equipment to implement a cleanup should be available to 
    personnel.
        (d) Inspections--In addition to or as part of the comprehensive 
    site evaluation required under paragraph XI.Y.3.a.(4) of this section, 
    qualified facility personnel shall be identified to inspect designated 
    equipment and areas of the facility at appropriate intervals specified 
    in the plan. A set of tracking or follow-up procedures shall be used to 
    ensure that appropriate actions are taken in response to the 
    inspections. Records of inspections shall be maintained.
        (e) Employee Training--Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management at all levels of responsibility of the 
    components and goals of the storm water pollution prevention plan. 
    Training should address topics such as spill response, good 
    housekeeping and material management practices. The pollution 
    prevention plan shall identify periodic dates for such training.
        (f) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents (such as spills, or other discharges), along with other 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. 
    Inspections and maintenance activities shall be documented and records 
    of such activities shall be incorporated into the plan.
        Non-storm Water Discharges.
        (i) The plan shall include a certification that the discharge has 
    been tested or evaluated for the presence of non-storm water 
    discharges. The certification shall include the identification of 
    potential significant sources of non-storm water at the site, a 
    description of the results of any test and/or evaluation for the 
    presence of non-storm water discharges, the evaluation criteria or 
    testing method used, the date of any testing and/or evaluation, and the 
    onsite drainage points that were directly observed during the test. 
    Certifications shall be signed in accordance with Part VII.G. of this 
    permit. Such certification may not be feasible if the facility 
    operating the storm water discharge associated with industrial activity 
    does not have access to an outfall, manhole, or other point of access 
    to the ultimate conduit which receives the discharge. In such cases, 
    the source identification section of the storm water pollution 
    prevention plan shall indicate why the certification required by this 
    part was not feasible, along with the identification of potential 
    significant sources of non-storm water at the site. A discharger that 
    is unable to provide the certification required by this paragraph must 
    notify the Director in accordance with paragraph XI.Y.3.a.(3)(g)(iii) 
    (below).
        (ii) Except for flows from fire fighting activities, sources of 
    non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
    Discharges) of this permit that are combined with storm water 
    discharges associated with industrial activity must be identified in 
    the plan. The plan shall identify and ensure the implementation of 
    appropriate pollution prevention measures for the non-storm water 
    component(s) of the discharge.
        (iii) Failure to Certify--Any facility that is unable to provide 
    the certification required (testing for non-storm water discharges), 
    must notify the Director by [Insert date 270 days after permit 
    issuance] or, for facilities which begin to discharge storm water 
    associated with industrial activity after [Insert date 270 days after 
    permit issuance], 180 days after submitting an NOI to be covered by 
    this permit. If the failure to certify is caused by the inability to 
    perform adequate tests or evaluations, such notification shall 
    describe: the procedure of any test conducted for the presence of non-
    storm water discharges; the results of such test or other relevant 
    observations; potential sources of non-storm water discharges to the 
    storm sewer; and why adequate tests for such storm sewers were not 
    feasible. Non-storm water discharges to waters of the United States 
    which are not authorized by an NPDES permit are unlawful, and must be 
    terminated.
        (h) Sediment and Erosion Control--The plan shall identify areas 
    which, due to topography, activities, or other factors, have a high 
    potential for significant soil erosion, and identify structural, 
    vegetative, and/or stabilization measures to be used to limit erosion.
        (i) Management of Runoff--The plan shall contain a narrative 
    consideration of the appropriateness of traditional storm water 
    management practices (practices other than those which control the 
    generation or source(s) of pollutants) used to divert, infiltrate, 
    reuse, or otherwise manage storm water runoff in a manner that reduces 
    pollutants in storm water discharges from the site. The plan shall 
    provide that measures that the permittee determines to be reasonable 
    and appropriate shall be implemented and maintained. The potential of 
    various sources at the facility to contribute pollutants to storm water 
    discharges associated with industrial activity [see paragraph 
    XI.Y.3.a.(2) of this section (Description of Potential Pollutant 
    Sources)] shall be considered when determining reasonable and 
    appropriate measures. Appropriate measures or other equivalent measures 
    may include: vegetative swales and practices, reuse of collected storm 
    water (such as for a process or as an irrigation source), inlet 
    controls (such as oil/water separators), snow management activities, 
    infiltration devices, and wet detention/retention devices.
        (j) Special Requirements for All Rubber Products Manufacturers--All 
    rubber products manufacturing facilities shall include specific 
    measures and controls to minimize the discharge of zinc in their storm 
    water discharges. The following possible sources of zinc shall be 
    reviewed and the accompanying BMPs shall be included as appropriate in 
    the storm water pollution prevention plan:
        (i) Inadequate Housekeeping--All permittees shall review the 
    handling 
    
    [[Page 51239]]
    and storage of zinc bags at their facilities and consider the following 
    BMPs for the pollution prevention plan: employee training regarding the 
    handling and storage of zinc bags, indoor storage of zinc bags, 
    thorough cleanup of zinc spills without washing the zinc into the storm 
    drain, and the use of 2,500-pound sacks of zinc rather than 50- to 100-
    pound sacks.
        (ii) Zinc in Dumpsters--The following BMPs or equivalent measures 
    shall be considered to reduce discharges of zinc from dumpsters: 
    providing a cover for the dumpster; move the dumpster to an indoors 
    location; or provide a lining for the dumpster.
        (iii) Malfunctioning Dust Collectors or Baghouses--Permittees shall 
    review dust collectors and baghouses as possible sources in zinc in 
    storm water runoff. Improperly operating dust collectors or baghouses 
    shall be replaced or repaired as appropriate. The pollution prevention 
    plan shall also provide for regular maintenance of these facilities.
        (iv) Grinding Operations--Permittees shall review dust generation 
    from rubber grinding operations at their facility and, as appropriate, 
    install a dust collection system.
        (v) Zinc Stearate Coating Operations--Permittees shall include in 
    the pollution prevention plan appropriate measures to prevent and/or 
    clean up drips or spills of zinc stearate slurry which may be released 
    to the storm drain. Alternate compounds to zinc stearate shall also be 
    considered.
        (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
    shall conduct site compliance evaluations once a year. Such evaluations 
    shall provide:
        (a) Areas contributing to a storm water discharge associated with 
    industrial activity shall be visually inspected for evidence of, or the 
    potential for, pollutants entering the drainage system. Measures to 
    reduce pollutant loadings shall be evaluated to determine whether they 
    are adequate and properly implemented in accordance with the terms of 
    the permit or whether additional control measures are needed. 
    Structural storm water management measures, sediment and erosion 
    control measures, and other structural pollution prevention measures 
    identified in the plan shall be observed to ensure that they are 
    operating correctly. A visual inspection of equipment needed to 
    implement the plan, such as spill response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    paragraph XI.Y.3.a.(2) of this section (Description of Potential 
    Pollutant Sources) and pollution prevention measures and controls 
    identified in the plan in accordance with paragraph XI.Y.3.a.(3) of 
    this section (Measures and Controls) shall be revised as appropriate 
    within 2 weeks of such evaluation and shall provide for implementation 
    of any changes to the plan in a timely manner, but in no case more than 
    12 weeks after the evaluation.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan, and actions taken in accordance with 
    paragraph XI.Y.3.a.(4)(b) (above) of the permit shall be made and 
    retained as part of the storm water pollution prevention plan for at 
    least 3 years from the date of the evaluation. The report shall 
    identify any incidents of noncompliance. Where a report does not 
    identify any incidents of noncompliance, the report shall contain a 
    certification that the facility is in compliance with the storm water 
    pollution prevention plan and this permit. The report shall be signed 
    in accordance with Part VII.G. (Signatory Requirements) of this permit.
        (d) Where compliance evaluation schedules overlap with inspections 
    required under 3.a.(3)(d), the compliance evaluation may be conducted 
    in place of one such inspection.
    4. Numeric Effluent Limitations
        There are no additional numeric effluent limitations beyond those 
    described in Part V.B of this permit.
    5. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements.
        During the period beginning [insert date 1 year after permit 
    issuance] lasting through [insert date 2 years after permit issuance] 
    and the period beginning [insert date 3 years after permit issuance] 
    lasting through [insert date 4 years after permit issuance], permittees 
    with rubber product manufacturing facilities must monitor their storm 
    water discharges associated with industrial activity at least quarterly 
    (4 times per year) during years 2 and 4 except as provided in 
    paragraphs 6.a.(3) (Sampling Waiver), 6.a.(4) (Representative 
    Discharge), and 6.a.(5) (Alternative Certification). Rubber product 
    manufacturing facilities are required to monitor their storm water 
    discharges for the pollutants of concern listed in Table Y-1 below. 
    Facilities must report in accordance with 6.b. (Reporting). In addition 
    to the parameters listed in Table Y-1 below, the permittee shall 
    provide the date and duration (in hours) of the storm event(s) sampled; 
    rainfall measurements or estimates (in inches) of the storm event that 
    generated the sampled runoff; the duration between the storm event 
    sampled and the end of the previous measurable (greater than 0.1 inch 
    rainfall) storm event; and an estimate of the total volume (in gallons) 
    of the discharge sampled.
    
                       Table Y-1--Monitoring Requirements                   
    ------------------------------------------------------------------------
                  Pollutants of concern                Cut-off concentration
    ------------------------------------------------------------------------
    Total Recoverable Zinc...........................  0.065 mg/L           
    ------------------------------------------------------------------------
    
        (1) Monitoring Periods. Rubber product manufacturing facilities 
    shall monitor samples collected during the sampling periods of: January 
    through March, April through June, July through September, and October 
    through December for the years specified in paragraph a. (above).
        (2) Sample Type. A minimum of one grab sample shall be taken. All 
    such samples shall be collected from the discharge resulting from a 
    storm event that is greater than 0.1 inches in magnitude and that 
    occurs at least 72 hours from the previously measurable (greater than 
    0.1 inch rainfall) storm event. The required 72-hour storm event 
    interval is waived where the preceding measurable storm event did not 
    result in a measurable discharge from the facility. The required 72-
    hour storm event may also be waived where the permittee documents that 
    less than a 72-hour interval is representative for local storm events 
    during the season when sampling is being conducted. The grab sample 
    shall be taken during the first 30 minutes of the discharge. If the 
    collection of a grab sample during the first 30 minutes is 
    impracticable, a grab sample can be taken during the first hour of the 
    discharge, and the discharger shall submit with the monitoring report a 
    description of why a grab sample during the first 30 minutes was 
    impracticable. If storm water discharges associated with industrial 
    activity commingle with process or nonprocess water, then where 
    practicable permittees must attempt to sample the storm water discharge 
    before it mixes with the non-storm water discharge.
        (3) Sampling Water.
    
    [[Page 51240]]
    
        (a) Adverse Conditions--When a discharger is unable to collect 
    samples within a specified sampling period due to adverse climatic 
    conditions, the discharger shall collect a substitute sample from a 
    separate qualifying event in the next period and submit the data along 
    with data for the routine sample in that period. Adverse weather 
    conditions that may prohibit the collection of samples include weather 
    conditions that create dangerous conditions for personnel (such as 
    local flooding, high winds, hurricanes, tornadoes, electrical storms, 
    etc.) or otherwise make the collection of a sample impracticable 
    (drought, extended frozen conditions, etc.).
        (b) Low Concentration Waiver--When the average concentration for a 
    pollutant calculated from all monitoring data collected from an outfall 
    during the monitoring period [insert date 1 year after permit issuance] 
    lasting through [insert date 2 years after permit issuance] is less 
    than the corresponding value for that pollutant listed in Table Y-1 
    under the column Monitoring Cut-Off Concentration, a facility may waive 
    monitoring and reporting requirements in the monitoring period 
    beginning [insert date 3 years after permit issuance] lasting through 
    [insert date 4 years after permit issuance]. The facility must submit 
    to the Director, in lieu of the monitoring data, a certification that 
    there has not been a significant change in industrial activity or the 
    pollution prevention measures in area of the facility that drains to 
    the outfall for which sampling was waived.
        (c) When a discharger is unable to conduct quarterly chemical storm 
    water sampling at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirements as long 
    as the facility remains inactive and unstaffed. The facility must 
    submit to the Director, in lieu of monitoring data, a certification 
    statement on the DMR stating that the site is inactive and unstaffed so 
    that collecting a sample during a qualifying event is not possible.
        (4) Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluents. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent, or high (above 
    65 percent)] shall be provided in the plan. The permittee shall include 
    the description of the location of the outfalls, explanation of why 
    outfalls are expected to discharge substantially identical effluents, 
    and estimate of the size of the drainage area and runoff coefficient 
    with the Discharge Monitoring Report.
        (5) Alternative Certification. A discharger is not subject to the 
    monitoring requirements of this section provided the discharger makes a 
    certification for a given outfall or on a pollutant-by-pollutant basis, 
    in lieu of monitoring reports required under paragraph b below, under 
    penalty of law, signed in accordance with Part VII.G. (Signatory 
    Requirements), that material handling equipment or activities, raw 
    materials, intermediate products, final products, waste materials, by-
    products, industrial machinery or operations, or significant materials, 
    by-products, industrial machinery or operations, or significant 
    materials from past industrial activity that are located in areas of 
    the facility within the drainage area of the outfall are not presently 
    exposed to storm water and are not expected to be exposed to storm 
    water for the certification period. Such certification must be retained 
    in the storm water pollution prevention plan, and submitted to EPA in 
    accordance with Part VI.C. of this permit. In the case of certifying 
    that a pollutant is not present, the permittee must submit the 
    certification along with the monitoring reports required under 
    paragraph b below. If the permittee cannot certify for an entire 
    period, they must submit the date exposure was eliminated and any 
    monitoring required up until that date. This certification option is 
    not applicable to compliance monitoring requirements associated with 
    effluent limitations.
        (b) Reporting. Permittees with rubber product manufacturing 
    facilities shall submit monitoring results for each outfall associated 
    with industrial activity [or a certification in accordance with 
    Sections (3), (4), or (5) above] obtained during the reporting period 
    beginning [insert date 1 year after permit issuance] lasting through 
    [insert date 2 years after permit issuance] on Discharge Monitoring 
    Report Form(s) postmarked no later than the 31st day of the following 
    March [insert the date 2 years after permit issuance]. Monitoring 
    results [or a certification in accordance with Sections (3), (4), or 
    (5) above] obtained during the period beginning [insert date 3 years 
    after permit issuance] lasting through [insert date 4 years after 
    permit issuance] shall be submitted on Discharge Monitoring Form(s) 
    postmarked no later than the 31st day of the following March. For each 
    outfall, one signed Discharge Monitoring Report form must be submitted 
    to the Director per storm event sampled. Signed copies of Discharge 
    Monitoring Reports, or said certifications,shall be submitted to the 
    Director of the NPDES program at the address of the appropriate 
    Regional Office listed in Part VI.G. of the fact sheet.
        (1) Additional Notification. In addition to filing copies of 
    discharge monitoring reports in accordance with paragraph (b) (above), 
    rubber product manufacturing facilities with at least one storm water 
    discharge associated with industrial activity through a large or medium 
    municipal separate storm sewer system (systems serving a population of 
    100,000 or more) must submit signed copies of discharge monitoring 
    reports to the operator of the municipal separate storm sewer system in 
    accordance with the dates provided in paragraph (b) (above).
        (c) Quarterly Visual Examination of Storm Water Quality. Facilities 
    shall perform and document a visual examination of a representative 
    storm water discharge associated with industrial from each outfall, 
    except discharges exempted below. The examination must be made at least 
    once in each designated period [described in (1), below] during 
    daylight hours unless there is insufficient rainfall or snow melt to 
    produce a runoff event.
        (1) Examinations shall be conducted in each of the following 
    periods for the purposes of visually inspecting storm water quality 
    associated with storm water runoff or snow melt: January through March; 
    April through June; July through September; and October through 
    December.
        (2) Examinations shall be made of samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    one hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No 
    
    [[Page 51241]]
    analytical tests are required to be performed on the samples. All such 
    samples shall be collected from the discharge resulting from a storm 
    event that is greater than 0.1 inches in magnitude and that occurs at 
    least 72 hours from the previously measurable (greater than 0.1 inch 
    rainfall) storm event. Whenever practicable the same individual will 
    carry out the collection and examination of discharges for the life of 
    the permit.
        (3) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (4) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the observation data also applies 
    to the substantially identical outfalls provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explaining in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (5) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examination. Adverse weather conditions which may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (6) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility remains inactive and unstaffed. The facility must maintain 
    a certification with the pollution prevention plan stating that the 
    site is inactive and unstaffed so that performing visual examinations 
    during a qualifying event is not feasible.
    
    Z. Storm Water Discharges Associated With Industrial Activity From 
    Leather Tanning and Finishing Facilities
    
    1. Discharges Covered Under This Section.
        The requirements listed under this section shall apply to storm 
    water discharges from the following activities: leather tanning, 
    currying and finishing (commonly identified by Standard Industrial 
    Classification (SIC) code 3111). Discharges from facilities that make 
    fertilizer solely from leather scraps and leather dust are also covered 
    under this section. When an industrial facility, described by the above 
    coverage provisions of this section, has industrial activities being 
    conducted onsite that meet the description(s) of industrial activities 
    in another section(s), that industrial facility shall comply with any 
    and all applicable monitoring and pollution prevention plan 
    requirements of the other section(s) in addition to all applicable 
    requirements in this section. The monitoring and pollution prevention 
    plan terms and conditions of this multi-sector permit are additive for 
    industrial activities being conducted at the same industrial facility 
    (co-located industrial activities). The operator of the facility shall 
    determine which other monitoring and pollution prevention plan 
    section(s) of this permit (if any) are applicable to the facility.
    2. Special Conditions
        There are no special conditions for this section beyond those in 
    Part III. of this permit.
    3. Storm Water Pollution Prevention Plan Requirements
        a. Contents of Plan. The plan shall include, at a minimum, the 
    following items:
        (1) Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team that are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility or plant manager in its implementation, maintenance, and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        (2) Description of Potential Pollutant Sources. Each plan shall 
    provide a description of potential sources which may reasonably be 
    expected to add significant amounts of pollutants to storm water 
    discharges or which may result in the discharge of pollutants during 
    dry weather from separate storm sewers draining the facility. Each plan 
    shall identify all activities and significant materials which may 
    potentially be significant pollutant sources or, during periods of dry 
    weather, result in dry weather flows. Each plan shall include, at a 
    minimum:
        (a) Drainage.
        (i) A site map indicating an outline of the portions of the 
    drainage area of each storm water outfall that are within the facility 
    boundaries, each existing structural control measure to reduce 
    pollutants in storm water runoff, surface water bodies (including 
    wetlands), locations where significant materials are exposed to 
    precipitation, locations where major spills or leaks identified under 
    Part XI.Z.3.a.(2)(c) (Spills and Leaks) of this permit have occurred, 
    and the locations of the following activities where such activities are 
    exposed to precipitation: fueling stations, vehicle and equipment 
    maintenance and/or cleaning areas, loading/unloading areas, locations 
    used for the treatment, storage or disposal of wastes, material storage 
    (including tanks or other vessels used for liquid or waste storage), 
    processing and storage areas for activities associated with beamhouse, 
    tanyard, retan-wet finishing and dry finishing operations, and haul 
    roads, access roads and rail spurs. The site map must also identify the 
    location of all outfalls covered by this permit and include an 
    inventory of the types of discharges contained in each outfall.
        (ii) For each area of the facility that generates storm water 
    discharges associated with industrial activity with a reasonable 
    potential for containing significant amounts of pollutants, a 
    prediction of the direction of flow, and an identification of the types 
    of pollutants which are likely to be present in storm water discharges 
    associated with industrial activity. Factors to consider include the 
    toxicity of a chemical; quantity of chemicals used, produced or 
    discharged; the likelihood of contact with storm water; and history 
    
    [[Page 51242]]
    of significant leaks or spills of toxic or hazardous pollutants. Flows 
    with a significant potential for causing erosion shall be identified.
        (b) Inventory of Exposed Materials--An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation. Such inventory shall include a narrative description of 
    significant materials that have been handled, treated, stored or 
    disposed in a manner to allow exposure to storm water between the time 
    of 3 years prior to the date of the submission of a Notice of Intent 
    (NOI) to be covered under this permit and the present; method and 
    location of onsite storage or disposal; materials management practices 
    employed to minimize contact of materials with storm water runoff 
    between the time of 3 years prior to the date of the submission of a 
    Notice of Intent (NOI) to be covered under this permit and the present; 
    the location and a description of existing structural and nonstructural 
    control measures to reduce pollutants in storm water runoff;
    and a description of any treatment the storm water receives. The 
    description must be updated whenever there is a significant change in 
    the types or amounts of materials, or material management practices, 
    that may affect the exposure of materials to storm water.
        (c) Spills and Leaks--A list of significant spills and significant 
    leaks of toxic or hazardous pollutants that occurred at areas that are 
    exposed to precipitation or that otherwise drain to a storm water 
    conveyance at the facility after the date of 3 years prior to the date 
    of the submission of a Notice of Intent (NOI) to be covered under this 
    permit. Significant spills include but are not limited to, releases of 
    oil or hazardous substances in excess of quantities that are reportable 
    under Section 311 of the Clean Water Act (CWA) (see 40 CFR 110.10 and 
    40 CFR 117.21) or Section 102 of the Comprehensive Environmental 
    Response, Compensation and Liability Act (CERCLA) (see 40 CFR 302.4). 
    Significant spills may also include releases of oil or hazardous 
    substances that are not in excess of reporting requirements and 
    releases of materials that are not classified as oil or a hazardous 
    substance. Such list shall be updated as appropriate during the term of 
    the permit.
        (d) Sampling Data--A summary of existing discharge sampling data 
    describing pollutants in storm water discharges from the facility, 
    including a summary of sampling data collected during the term of this 
    permit.
        (e) Risk Identification and Summary of Potential Pollutant 
    Sources--A narrative description of potential pollutant sources 
    including but not limited to the following activities: loading and 
    unloading operations; outdoor storage activities, including but not 
    limited to: temporary or permanent storage of fresh and brine cured 
    hides, chemical drums, bags, containers and above ground tanks, leather 
    dust, scraps, trimmings and shavings, spent solvents, extraneous hide 
    substances and hair, and empty chemical containers and bags; floor 
    sweepings and washings; refuse and waste piles and sludge; outdoor 
    manufacturing or processing activities; significant dust or particulate 
    generating processes including buffing; vehicle maintenance, washing 
    and fueling and onsite waste disposal practices. The description shall 
    specifically list any significant potential source of pollutants at the 
    site and for each potential source, any pollutant or pollutant 
    parameter (e.g., biochemical oxygen demand, total suspended solids, 
    chromium, etc.) of concern shall be identified.
        (3) Measures and Controls. Each facility covered by this permit 
    shall develop a description of storm water management controls 
    appropriate for the facility, and implement such controls. The 
    appropriateness and priorities of controls in a plan shall reflect 
    identified potential sources of pollutants at the facility. The 
    description of storm water management controls shall address the 
    following minimum components, including a schedule for implementing 
    such controls:
        (a) Good Housekeeping--Good housekeeping requires the maintenance 
    of areas which may contribute pollutants to storm water discharges in a 
    clean, orderly manner. The following areas must be specifically 
    addressed:
        (i) Storage Areas for Raw, Semiprocessed, or Finished Tannery By-
    products--Pallets and/or bales of raw, semiprocessed or finished 
    tannery by-products (e.g., splits, trimmings, shavings, etc.) should be 
    stored indoors or protected by polyethylene wrapping, tarpaulins, 
    roofed storage area or other suitable means. Materials should be placed 
    on an impermeable surface, the area should be enclosed or bermed or 
    other equivalent measures should be employed to prevent runon and 
    runoff of storm water.
        (ii) Material Storage Areas--Label storage units of all materials 
    (e.g., specific chemicals, hazardous materials, spent solvents, waste 
    materials). Maintain such containers and units in good condition. 
    Describe measures that prevent or minimize contact with storm water. 
    The facility must consider indoor storage, installation of berming and 
    diking around the area, and/or other equivalent measures to prevent 
    runon and runoff of storm water.
        (iii) Buffing/Shaving Areas--The plan must describe measures that 
    prevent or minimize contamination of the storm water runoff with 
    leather dust from buffing/shaving areas. The facility may consider dust 
    collection enclosures, preventive inspection/maintenance programs or 
    other appropriate preventive measures.
        (iv) Receiving, Unloading, and Storage Areas--The plan must 
    describe measures that prevent or minimize contamination of the storm 
    water runoff from receiving, unloading, and storage areas. Exposed 
    receiving, unloading and storage areas for hides and chemical supplies 
    should be protected by a suitable cover, diversion of drainage to the 
    process sewer, grade berming or curbing area to prevent runon of storm 
    water or other appropriate preventive measures. Materials must be 
    plainly labelled and maintained in good condition.
        (v) Outdoor Storage of Contaminated Equipment--The plan must 
    describe measures that minimize contact of storm water with 
    contaminated equipment. Equipment should be protected by suitable 
    cover, diversion of drainage to the process sewer, thorough cleaning 
    prior to storage or other appropriate preventive measures.
        (vi) Waste Management--The plan must describe measures that prevent 
    contamination of the storm water runoff from waste storage areas. The 
    facility may consider inspection/maintenance programs or other 
    equivalent measures for leaking containers or spills, covering 
    dumpsters, moving waste management activities indoors, covering waste 
    piles with temporary covering material such as tarpaulins or 
    polyethylene, and minimizing storm water runon by enclosing the area or 
    building berms around the area.
        (b) Preventive Maintenance--A preventive maintenance program shall 
    involve timely inspection and maintenance of storm water management 
    devices (e.g., cleaning oil/water separators, catch basins) as well as 
    inspecting and testing facility equipment and systems to uncover 
    conditions that could cause breakdowns or failures resulting in 
    discharges of pollutants to surface waters, and ensuring appropriate 
    maintenance of such equipment and systems.
        (c) Spill Prevention and Response Procedures--Areas where potential 
    spills which can contribute pollutants to storm water discharges can 
    occur, and their accompanying drainage points 
    
    [[Page 51243]]
    shall be identified clearly in the storm water pollution prevention 
    plan. Where appropriate, specifying material handling procedures, 
    storage requirements, and use of equipment such as diversion valves in 
    the plan should be considered. Procedures for cleaning up spills shall 
    be identified in the plan and made available to the appropriate 
    personnel. The necessary equipment to implement a clean up should be 
    available to personnel.
        (d) Inspections--Qualified facility personnel shall be identified 
    to inspect designated equipment and areas of the facility at least on a 
    quarterly basis. The following areas shall be included in all 
    inspections: leather processing areas, storage areas for chemicals, 
    including but not limited to above ground tanks, fueling areas, vehicle 
    and equipment maintenance areas, material storage areas, loading and 
    unloading areas, waste management areas and other potential sources of 
    pollution for evidence of actual or potential discharges of 
    contaminated storm water. A set of tracking or follow-up procedures 
    shall be used to ensure that appropriate actions are taken in response 
    to the inspections and that the pollution prevention plan is 
    appropriately modified. Records of inspections shall be maintained as 
    part of the pollution prevention plan.
        Qualified personnel are required to conduct quarterly inspections 
    of all Best Management Practices (BMPs). The inspections shall include 
    an assessment of the effectiveness and need for maintenance of storm 
    water roofing and covers, dikes and curbs, discharge diversions, 
    sediment control and collection systems and all other BMPs.
        Quarterly inspections must be made at least once in each of the 
    following designated periods during daylight hours: January through 
    March (storm water runoff or snow melt), April through June (storm 
    water runoff), July through September (storm water runoff), and October 
    through December (snow melt runoff). Records shall be maintained as 
    part of the pollution prevention plan.
        (e) Employee Training--Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management at all levels of responsibility of the 
    components and goals of the storm water pollution prevention plan. The 
    pollution prevention plan shall identify how often training will take 
    place, but in all cases, training must be held at least annually. 
    Employee training must, at a minimum, address the following areas when 
    applicable to a facility: general good housekeeping practices, spill 
    prevention and control, waste management, inspections, preventive 
    maintenance, detection of non-storm water discharges and other areas.
        (f) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents (such as leaks, spills, or other discharges), along with 
    other information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. 
    Inspections and maintenance activities shall be documented and records 
    of such activities shall be incorporated into the plan. The plan must 
    address spills, monitoring, and BMP inspection and maintenance 
    activities. BMPs which were ineffective must be reported and the date 
    of their corrective action recorded. Employees must report incidents of 
    leaking fluids to facility management and these reports must be 
    incorporated into the plan.
        (g) Non-storm Water Discharges.
        (i) The plan shall include a certification that the discharge has 
    been tested or evaluated for the presence of non-storm water 
    discharges. The certification shall include the identification of 
    potential significant sources of non-storm water at the site, a 
    description of the results of any test and/or evaluation for the 
    presence of non-storm water discharges, the evaluation criteria or 
    testing method used, the date of any testing and/or evaluation, and the 
    onsite drainage points that were directly observed during the test. 
    Certifications shall be signed in accordance with Part VII.G. of this 
    permit. Such certification may not be feasible if the facility 
    operating the storm water discharge associated with industrial activity 
    does not have access to an outfall, manhole, or other point of access 
    to the ultimate conduit which receives the discharge. In such cases, 
    the source identification section of the storm water pollution 
    prevention plan shall indicate why the certification required by this 
    part was not feasible, along with the identification of potential 
    significant sources of non-storm water at the site. A discharger that 
    is unable to provide the certification required by this paragraph must 
    notify the Director in accordance with paragraph XI.Z.3.a.(3)(g)(iii) 
    (below).
        (ii) Except for flows from fire fighting activities, sources of 
    non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
    Discharges) of this permit that are combined with storm water 
    discharges associated with industrial activity must be identified in 
    the plan. The plan shall identify and ensure the implementation of 
    appropriate pollution prevention measures for the non-storm water 
    component(s) of the discharge.
        (iii) Failure to Certify--Any facility that is unable to provide 
    the certification required (testing for non-storm water discharges), 
    must notify the Director by [Insert date 270 days after permit 
    issuance] or, for facilities which begin to discharge storm water 
    associated with industrial activity after [Insert date 270 days after 
    permit issuance], 180 days after submitting an NOI to be covered by 
    this permit. If the failure to certify is caused by the inability to 
    perform adequate tests or evaluations, such notification shall 
    describe: the procedure of any test conducted for the presence of non-
    storm water discharges; the results of such test or other relevant 
    observations; potential sources of non-storm water discharges to the 
    storm sewer; and why adequate tests for such storm sewers were not 
    feasible. Non-storm water discharges to waters of the United States 
    which are not authorized by an NPDES permit are unlawful, and must be 
    terminated.
        (h) Sediment and Erosion Control--The plan shall identify areas 
    which, due to topography, activities, or other factors, have a high 
    potential for significant soil erosion, and identify structural, 
    vegetative, and/or stabilization measures to be used to limit erosion.
        (i) Management of Runoff--The plan shall contain a narrative 
    consideration of the appropriateness of traditional storm water 
    management practices (practices other than those which control the 
    generation or source(s) of pollutants) used to divert, infiltrate, 
    reuse, or otherwise manage storm water runoff in a manner that reduces 
    pollutants in storm water discharges from the site. The plan shall 
    provide that measures that the permittee determines to be reasonable 
    and appropriate shall be implemented and maintained. The potential of 
    various sources at the facility to contribute pollutants to storm water 
    discharges associated with industrial activity [see paragraph 
    XI.Z.3.a.(2) of this section (Description of Potential Pollutant 
    Sources)] shall be considered when determining reasonable and 
    appropriate measures. Appropriate measures or equivalent measures may 
    include: vegetative swales and practices, reuse of collected storm 
    water (such as for a process or as an irrigation source), inlet 
    controls (such as oil/water separators), snow management activities, 
    infiltration devices, and wet detention/retention devices. In addition, 
    the permittee must describe the storm water pollutant source area or 
    activity (e.g., storage areas, loading and unloading areas, 
    
    [[Page 51244]]
    above ground storage of chemicals) to be controlled by each storm water 
    management practice.
        The plan must consider management practices, such as berms for 
    uncovered storage areas, uncovered loading and unloading areas, above 
    ground liquid storage and waste management areas. The installation of 
    detention ponds must also be considered.
        (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
    shall conduct site compliance evaluations at appropriate intervals 
    specified in the plan, but in no case less than once a year. Such 
    evaluations shall provide:
        (a) Areas contributing to a storm water discharge associated with 
    industrial activity shall be visually inspected for evidence of, or the 
    potential for, pollutants entering the drainage system. Measures to 
    reduce pollutant loadings shall be evaluated to determine whether they 
    are adequate and properly implemented in accordance with the terms of 
    the permit or whether additional control measures are needed. 
    Structural storm water management measures, sediment and erosion 
    control measures, and other structural pollution prevention measures 
    identified in the plan shall be observed to ensure that they are 
    operating correctly. A visual inspection of equipment needed to 
    implement the plan, such as spill response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    paragraph XI.Z.3.a.(2) of this section (Description of Potential 
    Pollutant Sources) and pollution prevention measures and controls 
    identified in the plan in accordance with paragraph XI.Z.3.a.(3) of 
    this section (Measures and Controls) shall be revised as appropriate 
    within 2 weeks of such evaluation and shall provide for implementation 
    of any changes to the plan in a timely manner, but in no case more than 
    12 weeks after the evaluation.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan, and actions taken in accordance with 
    paragraph XI.Z.3.a.(4)(b) (above) of the permit shall be made and 
    retained as part of the storm water pollution prevention plan for at 
    least 3 years from the date of the evaluation. The report shall 
    identify any incidents of noncompliance. Where a report does not 
    identify any incidents of noncompliance, the report shall contain a 
    certification that the facility is in compliance with the storm water 
    pollution prevention plan and this permit. The report shall be signed 
    in accordance with Part VII.G. (Signatory Requirements) of this permit.
        (d) The storm water pollution prevention plan must describe the 
    scope and content of comprehensive site inspections that qualified 
    personnel will conduct to (1) Confirm the accuracy of the description 
    of potential pollution sources contained in the plan, (2) determine the 
    effectiveness of the plan, and (3) assess compliance with the terms and 
    conditions of the permit. Comprehensive site compliance evaluations 
    must be conducted at least once a year. The individual or individuals 
    who will conduct the inspections must be identified in the plan and 
    should be members of the pollution prevention team. Evaluation reports 
    must be retained for at least 3 years from the date of the evaluation.
        (e) Where compliance evaluation schedules overlap with inspections 
    required under XI.Z.3.a.(3)(d), the compliance evaluation may be 
    conducted in place of one such inspection.
        4. Numeric Effluent Limitations. There are no additional numeric 
    effluent limitations beyond those described in Part V.B of this permit.
        5. Monitoring and Reporting Requirements.
        (a) Quarterly Visual Examination of Storm Water Quality. Facilities 
    shall perform and document a visual examination of a storm water 
    discharge associated with industrial activity from each outfall, except 
    discharges exempted below. The examination must be made at least once 
    in each designated period [described in (1) below] during daylight 
    hours unless there is insufficient rainfall or snow melt to produce a 
    runoff event.
        (1) Examinations shall be conducted in each of the following 
    periods for the purposes of visually inspecting storm water quality 
    associated with storm water runoff or snow melt: January through March; 
    April through June; July through September; and October through 
    December.
        (2) Examinations shall be made of samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    1 hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual should carry out the collection and 
    examination of discharges for entire permit term.
        (3) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (4) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the observation data also applies 
    to the substantially identical outfall(s) provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (5) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examination. Adverse weather conditions which may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricanes, tornadoes, electrical storms, etc.) or otherwise 
    make the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.). 
    
    [[Page 51245]]
    
        (6) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility remains inactive and unstaffed. The facility must maintain 
    a certification with the pollution prevention plan stating that the 
    site is inactive and unstaffed so that performing visual examinations 
    during a qualifying event is not feasible.
    
    AA. Storm Water Discharges Associated With Industrial Activity From 
    Fabricated Metal Products Industry
    
        1. Discharges Covered Under This Section. The requirements listed 
    under this section shall apply to storm water discharges associated 
    with industrial activity from the fabricated metals industry listed 
    below, except for electrical related industries: fabricated metal 
    products, except machinery & transportation equipment, SIC 34 (3429, 
    3441, 3442, 3443, 3444, 3451, 3452, 3462, 3471, 3479, 3494, 3496, 
    3499); and jewelry, silverware, and plated ware (SIC Code 391).
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        2. Special Conditions.
        a. Prohibition of Non-storm Water Discharges.
        (1) This permit does not authorize the discharge of process 
    wastewater. Certain non-storm discharges identified in Part III.A.2. 
    are authorized under this permit.
        3. Storm Water Pollution Prevention Plan Requirements.
        a. Contents of Plan. The plan shall include, at a minimum, the 
    following items:
        (1) Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team that are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility or plant manager in its implementation, maintenance, and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        (2) Description of Potential Pollutant Sources. Each plan shall 
    provide a description of potential sources which may reasonably be 
    expected to add significant amounts of pollutants to storm water 
    discharges or which may result in the discharge of pollutants during 
    dry weather from separate storm sewers draining the facility. Each plan 
    shall identify all industrial activities and significant materials 
    which may potentially be significant pollutant sources. Each plan shall 
    specifically identify the physical features of the facility that may 
    contribute to storm water runoff. Each plan shall include, at a 
    minimum:
        (a) Drainage
        (i) A site map indicating the outfall locations and types of 
    discharges contained in the drainage areas of the outfalls, an outline 
    of the portions of the drainage area of each storm water outfall that 
    are within the facility boundaries, each existing structural control 
    measure to reduce pollutants in storm water runoff, surface water 
    bodies, locations where significant materials are exposed to 
    precipitation, locations where major spills or leaks identified under 
    Part IX.AA.3.a.(2)(c) (Spills and Leaks) of this permit have occurred, 
    and the locations of the following activities where such activities are 
    exposed to precipitation: raw metal storage areas, finished metal 
    storage areas, scrap disposal collection sites, equipment storage 
    areas, retention and detention basins, temporary diversion dikes or 
    berms, permanent diversion dikes or berms, right-of-way or perimeter 
    diversion devices, any sediment traps or barriers, vehicle and 
    equipment maintenance and/or cleaning areas,loading/unloading areas, 
    locations used for the treatment, storage or disposal of wastes, liquid 
    storage tanks, processing areas including outside painting areas, wood 
    preparation, recycling and raw material storage.
        (ii) For each area of the facilities that generates storm water 
    discharges associated with industrial activity with a reasonable 
    potential for containing significant amounts of pollutants, a 
    prediction of the direction of flow, and an identification of the types 
    of pollutants which are likely to be present in storm water discharges 
    associated with industrial activity. Factors to consider include the 
    toxicity of chemical; quantity of chemicals used, produced or 
    discharged; the likelihood of contact with storm water; and history of 
    significant leaks or spills of toxic or hazardous pollutants. In 
    addition, flows with a significant potential for causing erosion shall 
    be identified such as heavy equipment use areas, drainage from roofs, 
    parking lots, etc.
        (b) Inventory of Exposed Materials--An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation. Such inventory shall include a narrative description of 
    significant materials that have been handled, treated, stored or 
    disposed in a manner to allow exposure to storm water between the time 
    of 3 years prior to the date of the submission of a Notice of Intent 
    (NOI) to be covered under this permit and the present; method and 
    location of onsite storage or disposal; materials management practices 
    employed to minimize contact of materials with storm water runoff 
    between the time of 3 years prior to the date of the submission of a 
    Notice of Intent (NOI) to be covered under this permit and the present; 
    the location and a description of existing structural and nonstructural 
    control measures to reduce pollutants in storm water runoff; and a 
    description of any treatment the storm water receives.
        (c) Spills and Leaks--A list of significant spills and significant 
    leaks of toxic or hazardous pollutants that occurred at areas that are 
    exposed to precipitation or that otherwise drain to a storm water 
    conveyance at the facility after the date of 3 years prior to the date 
    of the submission of a Notice of Intent (NOI) to be covered under this 
    permit. Significant spills that should be considered for the fabricated 
    metals industry include, but are not limited to, chromium, toluene, 
    pickle liquor, sulfuric acid, zinc and other water priority chemicals 
    and hazardous chemicals and wastes. Such list shall be updated as 
    appropriate during the term of the permit.
        (d) Sampling Data--A summary of existing discharge sampling data 
    describing pollutants in storm water discharges from the facility, 
    including a summary of sampling data collected during the term of this 
    permit.
        (e) Risk Identification and Summary of Potential Pollutant 
    Sources--A narrative description of the potential pollutant sources 
    from the following activities: loading and unloading operations for 
    paints, chemicals and raw materials; outdoor storage activities for raw 
    materials, paints, empty containers, corn cob, chemicals, scrap metals; 
    outdoor manufacturing or processing 
    
    [[Page 51246]]
    activities such as grinding, cutting, degreasing, buffing, brazing, 
    etc; significant dust or particulate generating processes; and onsite 
    waste disposal practices for spent solvents, sludge, pickling baths, 
    shavings, ingots pieces, refuse and waste piles. The description shall 
    specifically list any significant potential source of pollutants at the 
    site and for each potential source, any pollutant or pollutant 
    parameter (e.g., biochemical or chemical oxygen demand, chromium, total 
    suspended solids, oil and grease, etc.) of concern shall be identified.
        (3) Measures and Controls. Each facility covered by this permit 
    shall develop a description of storm water management controls 
    appropriate for the facility, and implement such controls. The 
    appropriateness and priorities of controls in a plan shall reflect 
    identified potential sources of pollutants at the facility. The 
    description of storm water management controls shall address the 
    following minimum components, including a schedule for implementing 
    such controls:
        (a) Good Housekeeping--Good housekeeping requires the maintenance 
    of areas which may contribute pollutants to storm water discharges in a 
    clean, orderly manner. Permittees should address the following areas in 
    the manner described.
        (i) Raw Steel Handling Storage-Include measures controlling or 
    recovering scrap metals, fines, and iron dust, including measures for 
    containing materials within storage handling areas.
        (ii) Paints and Painting Equipment-Consider control measures to 
    prevent or minimize exposure of paint and painting equipment from 
    exposure to storm water.
        (b) Preventive Maintenance--Preventive maintenance measures shall 
    include timely inspection and maintenance of storm water management 
    devices (e.g., cleaning oil/water separators, catch basins) as well as 
    inspecting and testing facility equipment and systems to uncover 
    conditions that could cause breakdowns or failures resulting in 
    discharges of pollutants to surface waters, and ensuring appropriate 
    maintenance of such equipment and systems.
        (c) Spill Prevention and Response Procedures--Areas where potential 
    spills which could contribute pollutants to storm water discharges may 
    occur, and their accompanying drainage points shall be identified 
    clearly in the storm water pollution prevention plan. Where 
    appropriate, specifying material handling procedures, storage 
    requirements, and use of equipment such as diversion valves in the plan 
    should be considered. Procedures for cleaning up spills shall be 
    identified in the plan and made available to the appropriate personnel. 
    The necessary equipment to implement a clean up should be available to 
    personnel. The following areas should be addressed:
        (i) Metal Fabricating Areas-Include measures for maintaining clean, 
    dry, orderly conditions in these areas. Use of dry clean-up techniques 
    should be considered in the plan.
        (ii) Storage Areas for Raw Metal-Include measures to keep these 
    areas free of conditions that could cause spills or leakage of 
    materials. Storage areas should be maintained for easy access in case 
    spill clean up is necessary. Stored materials should be able to be 
    identified correctly and quickly.
        (iii) Receiving, Unloading, and Storage Areas-Include measures to 
    prevent spills and leaks; plan for quick remedial clean up and instruct 
    employees on clean-up techniques and procedures.
        (iv) Storage of Equipment-Include measures for preparing equipment 
    for storage and the proper method to store equipment including 
    protecting with covers, storing indoors. The plan should include clean-
    up measures for equipment that will be stored outdoors to remove 
    potential pollutants.
        (v) Metal Working Fluid Storage Areas-The plan should include 
    measures that identify controls particularly for storage of metal 
    working fluids.
        (vi) Cleaners and Rinse Water-The plan should include measures to 
    control and cleanup spills of solvents and other liquid cleaners; 
    control sand buildup and disbursement from sand-blasting operations, 
    prevent exposure of recyclable wastes; and employ substitute cleaners 
    when possible.
        (vii) Lubricating Oil and Hydraulic Fluid Operations-Consider using 
    devices or monitoring equipment to detect and control leaks and 
    overflows, including the installation of perimeter controls such as 
    dikes, curbs, grass filter strips, or other equivalent measures.
        (viii) Chemical Storage Areas-Identify proper storage that prevents 
    storm water contamination and prevents accidental spillage. The plan 
    should include a program to inspect containers, and identify proper 
    disposal and spill controls.
        (d) Inspections--Qualified facility personnel shall be identified 
    to inspect designated equipment and areas of the facility at 
    appropriate intervals specified in the plan. Metal fabricators shall at 
    a minimum include the following areas for inspection: raw metal storage 
    areas, finished product storage areas, material and chemical storage 
    areas, recycling areas, loading and unloading areas, equipment storage 
    areas, paint areas, fueling and maintenance areas, and waste management 
    areas. A set of tracking or follow-up procedures shall be used to 
    ensure that appropriate actions are taken in response to the 
    inspections. Records of inspections shall be maintained.
        (e) Employee Training--Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management at all levels of responsibility of the 
    components and goals of the storm water pollution prevention plan. 
    Training should address topics such as spill response, good 
    housekeeping, and material management practices. The pollution 
    prevention plan shall identify periodic dates for such training.
        (f) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents (such as spills, or other discharges), along with other 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. 
    Inspections and maintenance activities shall be documented and records 
    of such activities shall be incorporated into the plan.
        (g) Non-storm Water Discharges
        (i) The plan shall include a certification that the discharge has 
    been tested or evaluated for the presence of non-storm water 
    discharges. The certification shall include the identification of 
    potential significant sources of non-storm water at the site, a 
    description of the results of any test and/or evaluation for the 
    presence of non-storm water discharges, the evaluation criteria or 
    testing method used, the date of any testing and/or evaluation, and the 
    onsite drainage points that were directly observed during the test. 
    Certifications shall be signed in accordance with Part VII.G. of this 
    permit. Such certification may not be feasible if the facility 
    operating the storm water discharge associated with industrial activity 
    does not have access to an outfall, manhole, or other point of access 
    to the ultimate conduit which receives the discharge. In such cases, 
    the source identification section of the storm water pollution 
    prevention plan shall indicate why the certification required by this 
    part was not feasible, along with the identification of potential 
    significant sources of non-storm water at the site. A discharger that 
    is unable to provide the certification required by this paragraph must 
    notify the Director in 
    
    [[Page 51247]]
    accordance with paragraph XI.AA.3.a.(3)(g)(iii) (below).
        (ii) Except for flows from fire fighting activities, sources of 
    non-storm water listed in Part III.A.2. (Prohibition of Non-storm Water 
    Discharges) of this permit that are combined with storm water 
    discharges associated with industrial activity must be identified in 
    the plan. The plan shall identify and ensure the implementation of 
    appropriate pollution prevention measures for the non-storm water 
    component(s) of the discharge.
        (iii) Failure to Certify--Any facility that is unable to provide 
    the certification required (testing for non-storm water discharges), 
    must notify the Director by [Insert date 270 days after permit 
    issuance] or, for facilities which begin to discharge storm water 
    associated with industrial activity after [Insert date 270 days after 
    permit issuance], 180 days after submitting a notice of intent to be 
    covered by this permit. If the failure to certify is caused by the 
    inability to perform adequate tests or evaluations, such notification 
    shall describe: the procedure of any test conducted for the presence of 
    non-storm water discharges; the results of such test or other relevant 
    observations; potential sources of non-storm water discharges to the 
    storm sewer; and why adequate tests for such storm sewers were not 
    feasible. Non-storm water discharges to waters of the United States 
    which are not authorized by an NPDES permit are unlawful, and must be 
    terminated.
        (h) Sediment and Erosion Control--The plan shall identify areas 
    which, due to topography, activities, or other factors, have a high 
    potential for significant soil erosion. The plan shall identify 
    structural, vegetative, and/or stabilization measures to be used to 
    limit erosion. These shall include but not be limited to grass swales, 
    filter strips, treatment works, or other equivalent measures. Metal 
    fabricators must include in their plan measures to minimize erosion 
    related to the high volume of traffic from heavy equipment for delivery 
    to and from the facility and for equipment operating at the facility on 
    a daily basis such as forklifts, cranes, etc.
        (i) Management of Runoff--The plan shall contain a narrative 
    consideration of the appropriateness of traditional storm water 
    management practices (practices other than those which control the 
    generation or source(s) of pollutant(s) used to divert, infiltrate, 
    reuse, or otherwise manage storm water runoff in a manner that reduces 
    pollutants in storm water discharges from the site. The plan shall 
    provide that measures that the permittee determines to be reasonable 
    and appropriate shall be implemented and maintained. The potential of 
    various sources at the facility to contribute pollutants to storm water 
    discharges associated with industrial activities under the SIC codes 
    identified under paragraph XI.AA.1. of this section shall be considered 
    when determining reasonable and appropriate measures. Appropriate 
    measures may include: vegetative swales and practices, reuse of 
    collected storm water (such as for a process or as an irrigation 
    source), inlet controls (such as oil/water separators), snow management 
    activities, infiltration devices, and wet detention/retention devices.
        (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
    shall conduct site compliance evaluations at least once a year. Such 
    evaluations shall include:
        (a) Visual inspection of areas contributing to a storm water 
    discharge for evidence of, or the potential for, pollutants entering 
    the drainage system. Inspection shall address areas associated with the 
    storage of raw metals, storage of spent solvents and chemicals, outdoor 
    paint areas, drainage from roof, unloading and loading areas, equipment 
    storage areas, recycling areas, and retention ponds (sludge). Potential 
    pollutants include chromium, zinc, lubricating oil, solvents, aluminum, 
    oil and grease, methyl ethyl ketone, steel, and other related 
    materials. Measures to reduce pollutant loadings shall be evaluated to 
    determine whether they are adequate and properly implemented in 
    accordance with the terms of the permit or whether additional control 
    measures are needed. Structural storm water management measures, such 
    as detention basins and channels, gutters or drains to direct discharge 
    flow, oil/water separators in storm drains, containment structures, 
    concrete pads, sediment and erosion control measures, and other 
    structural pollution prevention measures identified in the plan shall 
    be observed to ensure that they are operating correctly. A visual 
    inspection of equipment needed to implement the plan, such as spill 
    response equipment and containment drums, shall be made to determine if 
    the equipment is functioning properly and that drums are not in a 
    corrosive or deteriorating state.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    paragraph XI.AA.3.a.(2) of this section (Description of Potential 
    Pollutant Sources) and pollution prevention measures and controls 
    identified in the plan in accordance with paragraph XI.AA.3.a.(3) of 
    this section (Measures and Controls) shall be revised as appropriate 
    within 2 weeks of such evaluation and shall provide for implementation 
    of any changes to the plan in a timely manner, but in no case more than 
    12 weeks after the evaluation.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan, and actions taken in accordance with 
    paragraph XI.AA.3.a.(4)(b) (above) of the permit shall be made and 
    retained as part of the storm water pollution prevention plan for at 
    least 3 years from the date of the inspection. The report shall 
    identify any incidents of noncompliance. Where a report does not 
    identify any incidents of noncompliance, the report shall contain a 
    certification that the facility is in compliance with the storm water 
    pollution prevention plan and this permit. The report shall be signed 
    in accordance with Part VII.G. (Signatory Requirements) of this permit.
        (d) Where compliance evaluation schedules overlap with inspections 
    required under 3.a.(3)(d), the compliance evaluation may be conducted 
    in place of one such inspection.
        4. Numeric Effluent Limitations. There are no additional numeric 
    effluent limitations beyond those described in Part V.B. of this 
    permit.
        5. Monitoring and Reporting Requirements
        a. Analytical Monitoring Requirements. During the period beginning 
    [insert date 1 year after permit issuance] lasting through [insert date 
    2 years after permit issuance] and the period beginning [insert date 3 
    years after permit issuance] lasting through [insert date 4 years after 
    permit issuance], permittees with metal fabricating facilities must 
    monitor their storm water discharges associated with industrial 
    activity at least quarterly (4 times per year) during years 2 and 4 
    except as provided in paragraphs 5.a.(3) (Sampling Waiver), 5.a.(4) 
    (Representative Discharge), and 5.a.(5) (Alternative Certification). 
    Metal fabricating facilities are required to monitor their storm water 
    discharges for the pollutants of concern listed in Tables AA-1 and AA-2 
    below. The monitoring requirements are subdivided into two 
    classifications to determine pollutants of concern: (1) fabricated 
    metal products except coating and (2) fabricated metal coating and 
    engraving. Facilities must report in accordance with 5.b. (Reporting). 
    In addition to the 
    
    [[Page 51248]]
    parameters listed in Tables AA-1 and AA-2 below, the permittee shall 
    provide the date and duration (in hours) of the storm event(s) sampled; 
    rainfall measurements or estimates (in inches) of the storm event that 
    generated the sampled runoff; the duration between the storm event 
    sampled and the end of the previous measurable (greater than 0.1 inch 
    rainfall) storm event; and an estimate of the total volume (in gallons) 
    of the discharge sampled.
    
       Table AA-1.--Monitoring Requirements for Fabricated Metal Products   
                                 Except Coating                             
    ------------------------------------------------------------------------
                                                          Monitoring cut-off
                   Pollutants of concern                    concentration   
    ------------------------------------------------------------------------
    Total Recoverable Aluminum.........................  0.75 mg/L          
    Total Recoverable Iron.............................  1.0 mg/L           
    Total Recoverable Zinc.............................  0.065 mg/L         
    Nitrate plus Nitrite Nitrogen......................  0.68 mg/L          
    ------------------------------------------------------------------------
    
    
      Table AA-2.--Monitoring Requirements for Fabricated Metal Coating and 
                                    Engraving                               
    ------------------------------------------------------------------------
                                                          Monitoring cut-off
                   Pollutants of concern                    concentration   
    ------------------------------------------------------------------------
    Total Recoverable Zinc.............................  0.065 mg/L         
    Nitrate plus Nitrite Nitrogen......................  0.068 mg/L         
    ------------------------------------------------------------------------
    
        (1) Monitoring Periods. Metal fabricating facilities shall monitor 
    samples collected during the sampling periods of: January through 
    March, April through June, July through September, and October through 
    December for the years specified in paragraph a. (above).
        (2) Sample Type. A minimum of one grab sample shall be taken. All 
    such samples shall be collected from the discharge resulting from a 
    storm event that is greater than 0.1 inches in magnitude and that 
    occurs at least 72 hours from the previously measurable (greater than 
    0.1 inch rainfall) storm event. The required 72-hour storm event 
    interval is waived where the preceding measurable storm event did not 
    result in a measurable discharge from the facility. The required 72-
    hour storm event interval may also be waived where the permittee 
    documents that less than a 72-hour interval is representative for local 
    storm events during the season when sampling is being conducted. The 
    grab sample shall be taken during the first 30 minutes of the 
    discharge. If the collection of a grab sample during the first 30 
    minutes is impracticable, a grab sample can be taken during the first 
    hour of the discharge, and the discharger shall submit with the 
    monitoring report a description of why a grab sample during the first 
    30 minutes was impracticable. If storm water discharges associated with 
    industrial activity commingle with process or nonprocess water, then 
    where practicable permittees must attempt to sample the storm water 
    discharge before it mixes with the non-storm water discharge.
        (3) Sampling Waiver
        (a) Adverse Conditions--When a discharger is unable to collect 
    samples within a specified sampling period due to adverse climatic 
    conditions, the discharger shall collect a substitute sample from a 
    separate qualifying event in the next period and submit the data along 
    with data for the routine sample in that period. Adverse weather 
    conditions that may prohibit the collection of samples include weather 
    conditions that create dangerous conditions for personnel (such as 
    local flooding, high winds, hurricane, tornadoes, electrical storms, 
    etc.) or otherwise make the collection of a sample impracticable 
    (drought, extended frozen conditions, etc.).
        (b) Low Concentration Waiver--When the average concentration for a 
    pollutant calculated from all monitoring data collected from an outfall 
    during the monitoring period [insert date 1 year after permit issuance] 
    lasting through [insert date 2 years after permit issuance] is less 
    than the corresponding value for that pollutants listed in Tables AA-1 
    and AA-2 under the column Monitoring Cut-off Concentration, a facility 
    may waive monitoring and reporting requirements in the monitoring 
    period beginning [insert date 3 years after permit issuance] lasting 
    through [insert date 4 years after permit issuance]. The facility must 
    submit to the Director, in lieu of the monitoring data, a certification 
    that there has not been a significant change in industrial activity or 
    the pollution prevention measures in areas of the facility which drain 
    to the outfall for which sampling was waived.
        (c) When a discharger is unable to conduct quarterly chemical storm 
    water sampling at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirements as long 
    as the facility remains inactive and unstaffed. The facility must 
    submit to the Director, in lieu of monitoring data, a certification 
    statement on the DMR stating that the site is inactive and unstaffed so 
    that collecting a sample during a qualifying event is not possible.
        (4) Representative Discharge. When a facility has two or more 
    outfalls that, based on a consideration of industrial activity, 
    significant materials, and management practices and activities within 
    the area drained by the outfall, the permittee reasonably believes 
    discharge substantially identical effluents, the permittee may test the 
    effluent of one of such outfalls and report that the quantitative data 
    also applies to the substantially identical outfall(s) provided that 
    the permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail why 
    the outfalls are expected to discharge substantially identical 
    effluents. In addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan. The permittee shall 
    include the description of the location of the outfalls, explanation of 
    why outfalls are expected to discharge substantially identical 
    effluents, and estimate of the size of the drainage area and runoff 
    coefficient with the Discharge Monitoring Report.
        (5) Alternative Certification. A discharger is not subject to the 
    monitoring requirements of this section provided the discharger makes a 
    certification for a given outfall or on a pollutant-by-pollutant basis 
    in lieu of monitoring reports required under paragraph b below, under 
    penalty of law, signed in accordance with Part VII.G. (Signatory 
    Requirements), that material handling equipment or activities, raw 
    materials, intermediate products, final products, waste materials, by-
    products, industrial machinery or operations, or significant materials 
    from past industrial activity that are located in areas of the facility 
    within the drainage area of the outfall are not presently exposed to 
    storm water and are not expected to be exposed to storm water for the 
    certification period. Such certification must be retained in the storm 
    water pollution prevention plan, and submitted to EPA in accordance 
    with Part VI.C. of this permit. In the case of certifying that a 
    pollutant is not present, the permittee must submit the certification 
    along with the monitoring reports required under paragraph (b) below. 
    If the permittee cannot certify for an entire period, they must submit 
    the date exposure was eliminated and any monitoring required up until 
    that date. This certification option is not applicable to compliance 
    
    [[Page 51249]]
    monitoring requirements associated with effluent limitations.
        b. Reporting. Permittees with metal fabricating and engraving 
    facilities shall submit monitoring results for each outfall associated 
    with industrial activity [or a certification in accordance with 
    Sections (3), (4), or (5) above] obtained during the reporting period 
    beginning [insert date 1 year after permit issuance] lasting through 
    [insert date 2 years after permit issuance] on Discharge Monitoring 
    Report Form(s) postmarked no later than the 31st day of the following 
    March [insert the date 2 years after permit issuance]. Monitoring 
    results (or a certification in accordance with Sections (3), (4), or 
    (5) above] obtained during the period beginning [insert date 3 years 
    after permit issuance] lasting through [insert date 4 years after 
    permit issuance] shall be submitted on Discharge Monitoring Report 
    Form(s) postmarked no later than the 31st day of the following March. 
    For each outfall, one signed Discharge Monitoring Report form must be 
    submitted to the Director per storm event sampled. Signed copies of 
    Discharge Monitoring Reports, or said certifications, shall be 
    submitted to the Director of the NPDES program at the address of the 
    appropriate Regional Office listed in Part VI.G. of the fact sheet.
        (1) Additional Notification. In addition to filing copies of 
    discharge monitoring reports in accordance with paragraph b (above), 
    metal fabricating facilities with at least one storm water discharge 
    associated with industrial activity through a large or medium municipal 
    separate storm sewer system (systems serving a population of 100,000 or 
    more) must submit signed copies of discharge monitoring reports to the 
    operator of the municipal separate storm sewer system in accordance 
    with the dates provided in paragraph b (above).
        c. Quarterly Visual Examination of Storm Water Quality. Facilities 
    shall perform and document a visual examination of a storm water 
    discharge associated with industrial activity from each outfall, except 
    discharges exempted below. The examination must be made at least once 
    in each designated period [described in paragraph (1) below] during 
    daylight hours unless there is insufficient rainfall or snow melt to 
    produce a runoff event.
        (1) Examinations shall be conducted in each of the following 
    periods for the purposes of visually inspecting storm water quality 
    associated with storm water runoff or snowmelt: January through March; 
    April through June; July through September; and October through 
    December.
        (2) Examinations shall be made of samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    1 hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable, the same individual should carry out the collection and 
    examination of discharges for the entire permit term.
        (3) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (4) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfall(s) provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (5) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examinations. Adverse weather conditions which 
    may prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (6) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility remains inactive and unstaffed. The facility must maintain 
    a certification with the pollution prevention plan stating that the 
    site is inactive and unstaffed so that performing visual examinations 
    during a qualifying event is not feasible.
    
    AB. Storm Water Discharges Associated With Industrial Activity From 
    Facilities That Manufacture Transportation Equipment, Industrial, or 
    Commercial Machinery
    
    1. Discharges Covered Under This Section
        a. The requirements listed under this section shall apply to storm 
    water discharges associated with transportation equipment, industrial 
    or commercial machinery manufacturing facilities (commonly described by 
    SIC Major Group 35 except SIC 357, and SIC Major Group 37, except SIC 
    373). Common activities include: industrial plant yards; material 
    handling sites; refuse sites; sites used for application or disposal of 
    process wastewaters; sites used for storage and maintenance of material 
    handling equipment; sites used for residual treatment, storage, or 
    disposal; shipping and receiving areas; manufacturing buildings; 
    storage areas for raw material and intermediate and finished products; 
    and areas where industrial activity has taken place in the past and 
    significant materials remain and are exposed to storm water.
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all 
    
    [[Page 51250]]
    applicable requirements in this section. The monitoring and pollution 
    prevention plan terms and conditions of this multi-sector permit are 
    additive for industrial activities being conducted at the same 
    industrial facility (co-located industrial activities). The operator of 
    the facility shall determine which other monitoring and pollution 
    prevention plan section(s) of this permit (if any) are applicable to 
    the facility.
        2. Prohibition of Non-storm Water Discharges. There are no 
    additional requirements other than those in Part III. of the permit.
        3. Storm Water Pollution Prevention Plan Requirements
        a. Contents of Plan. The plan shall include, at a minimum, the 
    following items:
        (1) Pollution Prevention Team. Each plan shall identify the 
    specific individual or individuals within the facility organization as 
    members of a storm water Pollution Prevention Team that are responsible 
    for developing the storm water pollution prevention plan and assisting 
    the facility or plant manager in its implementation, maintenance, and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        (2) Description of Potential Pollutant Sources.  Each plan shall 
    provide a description of potential sources which may reasonably be 
    expected to add significant amounts of pollutants to storm water 
    discharges or which may result in the discharge of pollutants during 
    dry weather from separate storm sewers draining the facility. Each plan 
    shall identify all activities and significant materials which may 
    potentially be significant pollutant sources. Each plan shall include, 
    at a minimum:
        (a) Drainage
        (i) A site map indicating the pattern of storm water drainage, 
    existing structural control measures to reduce pollutants in storm 
    water runoff, surface water bodies, locations where significant 
    materials are exposed to precipitation, and locations where major 
    spills or leaks identified under Part XI.AB.3.a.(2)(c) (Spills and 
    Leaks) of this permit have occurred since 3 years prior to the date of 
    the submission of a Notice of Intent (NOI) to be covered under this 
    permit. The map must also indicate the locations of all industrial 
    activities that are exposed to precipitation, including, but not 
    limited to: loading/unloading areas; waste treatment; storage and 
    disposal locations; liquid storage tanks; vents and stacks from metal 
    processing and similar operations; significant dust or particulate 
    generating areas; and any other processing and storage areas exposed to 
    storm water. The map must indicate the outfall locations and the types 
    of discharges contained in the drainage areas of the outfalls.
        (ii) For each area of the facility that generates storm water 
    discharges associated with industrial activity with a reasonable 
    potential for contacting significant amounts of pollutants, a 
    prediction of the direction of flow, and an identification of the types 
    of pollutants that are likely to present in storm water discharges 
    associated with industrial activity must be identified. Factors to 
    consider include the toxicity of a chemical; quantity of chemicals 
    used, produced, or discharged; the likelihood of contract with storm 
    water; and history of significant leaks or spills of toxic or hazardous 
    pollutants. Flows with a significant potential for causing erosion 
    shall be identified.
        (b) Inventory of Exposed Materials--An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation. Such inventory shall include a narrative description of 
    significant materials that have been handled, treated, stored or 
    disposed in a manner to allow exposure to storm water between the time 
    of 3 years prior to the date of the submission of a Notice of Intent 
    (NOI) to be covered under this permit and the present; method and 
    location of onsite storage or disposal; materials management practices 
    employed to minimize contact of materials with storm water runoff 
    between the time of 3 years prior to the date of the submission of a 
    Notice of Intent (NOI) to be covered under this permit and the present; 
    the location and a description of existing structural and nonstructural 
    control measures to reduce pollutants in storm water runoff; and a 
    description of any treatment the storm water receives.
        (c) Spills and Leaks--A list of significant spills and significant 
    leaks of toxic or hazardous pollutants that occurred at areas that are 
    exposed to precipitation or that otherwise drain to a storm water 
    conveyance at the facility after the date of 3 years prior to the date 
    of the submission of a Notice of Intent (NOI) to be covered under this 
    permit. Significant spills include, but are not limited to, releases of 
    oil or hazardous substances in excess of quantities that are reportable 
    under Section 311 of CWA (see 40 CFR 110.10 and 117.21) or Section 102 
    of the Comprehensive Environmental Response, Compensation and Liability 
    Act (CERCLA) (see 40 CFR 302.4). Significant spills may also include 
    releases of oil or hazardous substances that are not excess of 
    reporting requirements and releases of materials that are not 
    classified as oil or hazardous substance. Such list shall be updated as 
    appropriate during the term of the permit.
        (d) Sampling Data--A summary of existing discharge sampling data 
    describing pollutants in storm water discharges from the facility, 
    including a summary of sampling data collected during the term of this 
    permit.
        (e) Risk Identification and Summary of Potential Pollutant 
    Sources--A narrative description of the potential pollutant sources 
    from the following activities: loading and unloading operations; 
    outdoor storage activities; significant dust or particulate generating 
    processing activities; and onsite waste disposal. The description shall 
    specifically list any significant potential source of pollutants at the 
    site and for each potential source, any pollutant or pollutant 
    parameter (e.g., oil and grease, etc.) of concern shall be identified.
        (3) Measures and Controls. Each facility covered by this permit 
    shall develop a description of storm water management controls 
    appropriate for the facility, and implement such controls. The 
    appropriateness and priorities of controls in a plan shall reflect 
    identified potential sources of pollutants at the facility. The 
    description of storm water management controls shall address the 
    following minimum components, including a schedule for implementing 
    such controls:
        (a) Good Housekeeping--Good housekeeping requires the maintenance 
    of areas which may contribute pollutants to storm waters discharges in 
    a clean, orderly manner. Areas where good housekeeping practices should 
    be implemented are storage areas for raw materials, waste materials and 
    finished products; loading/unloading areas; and waste disposal areas 
    for hazardous and nonhazardous wastes. Examples of good housekeeping 
    measures include sweeping; labelling drums containing hazardous 
    materials; and preventive monitoring practices (e.g., routine 
    observation of manufacturing processes) or equivalent measures.
        (b) Preventive Maintenance--A preventive maintenance program shall 
    involve timely inspection and maintenance of storm water management 
    devices (e.g., cleaning oil/water separators, catch basins) as well as 
    inspecting and testing facility equipment and systems to uncover 
    conditions that could cause breakdowns or failures resulting in 
    discharges of pollutants to surface waters, and 
    
    [[Page 51251]]
    ensuring appropriate maintenance of such equipment and systems.
        (c) Spill Prevention and Response Procedures--Areas where potential 
    spills which can contribute pollutants to storm water discharges can 
    occur, and their accompanying drainage points shall be identified 
    clearly in the storm water pollution prevention plan. Areas to be 
    identified should include loading/unloading areas, outdoor storage 
    areas, and waste management areas exposed to storm water. Where 
    appropriate, specifying material handling procedures, storage 
    requirements, and use of equipment such as diversion valves in the plan 
    should be considered. Procedures for cleaning up spills shall be 
    identified in the plan and made available to the appropriate personnel. 
    The necessary equipment to implement a clean up should be available to 
    personnel.
        (d) Inspections--Qualified facility personnel shall be identified 
    to inspect designated equipment and areas of the facility on a periodic 
    basis. At a minimum, the following areas, where the potential for 
    exposure to storm water exists, must be inspected on a regularly 
    scheduled basis: loading and unloading areas for all significant 
    materials; storage areas, including associated containment areas; waste 
    management units; and vents and stacks from industrial activities. For 
    any problems identified during inspections, the plan shall be revised 
    to include measures to address these problems. A set of tracking or 
    follow-up procedures shall be used to ensure that appropriate actions 
    are taken in response to the inspections. Records of inspections shall 
    be maintained.
        (e) Employee Training--Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management at all levels of responsibility of the 
    components and goals of the storm water pollution prevention plan. 
    Training should address topics such as spill response, good 
    housekeeping, material management practices, unloading/loading 
    practices, outdoor storage areas, waste management practices, proper 
    handling procedures of hazardous waste, and improper connections to the 
    storm sewer. At a minimum, this training should be provided annually. 
    The pollution prevention plan shall identify frequencies and 
    approximate dates for such training.
        (f) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents (such as spills, or other discharges), along with other 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. 
    Inspections and maintenance activities shall be documented and records 
    of such activities shall be incorporated into the plan. Ineffective 
    BMPs should be reported and the date of their corrective actions noted.
        (g) Non-storm Water Discharges
        (i) The plan shall include a certification that the discharge has 
    been tested or evaluated for the presence of non-storm water discharges 
    as identified in Part III.A.2. of this permit. The certification shall 
    include the identification of potential significant sources of non-
    storm water at the site, a description of the results of any test and/
    or evaluation for the presence of non-storm water discharges, the 
    evaluation criteria or testing method used, the date of any testing 
    and/or evaluation, and the onsite drainage points that were directly 
    observed during the test. Certifications shall be signed in accordance 
    with Part VII.G. of this permit. Such certification may not be feasible 
    if the facility operating the storm water discharge associated with 
    industrial activity does not have access to an outfall, manhole, or 
    other point of access to the ultimate conduit which receives the 
    discharge. In such cases, the source identification section of the 
    storm water pollution prevention plan shall indicate why the 
    certification required by this part was not feasible, along with the 
    identification of potential significant sources of non-storm water at 
    the site. A discharger that is unable to provide the certification 
    required by this paragraph must notify the Director in accordance with 
    Part XI.AB.3.a.(3)(g)(iv) (Failure to Certify) of this permit.
        (ii) Except for flows from fire fighting activities, sources of 
    non-storm water listed in Part III.A. (Prohibition of Non-storm Water 
    Discharges) of this permit that are combined with storm water 
    discharges associated with industrial activity must be identified in 
    the plan. The plan shall identify and ensure the implementation of 
    appropriate pollution prevention measures for the non-storm water 
    component(s) of the discharge.
        (iii) If the facility discharges wastewater, other than storm water 
    via an existing NPDES permit, a copy of the NPDES permit authorizing 
    the discharge must be attached to the plan. Similarly, if the facility 
    submitted an application for an NPDES permit for non-storm water 
    discharges, but has not yet received that permit, a copy of the permit 
    application must be attached. Upon issuance or reissuance of an NPDES 
    permit, the facility must modify its plan to include a copy of that 
    permit. For facilities that discharge wastewater, other than solely 
    domestic wastewater, to a Publicly Owned Treatment Works (POTW), the 
    facility must notify the POTW of its discharge. Proof of this 
    notification should be attached to the plan in the form of either (1) a 
    copy of the permit issued by the treatment plant to the facility or (2) 
    a copy of a notification letter to the POTW. Notification should 
    identify, in general, the types of wastewater discharged to the POTW, 
    including any storm water discharges. In any of these cases, specific 
    permit conditions must be considered in the plan.
        (iv) Failure to Certify--Any facility that is unable to provide the 
    certification required (testing for non-storm water discharges), must 
    notify the Director by [Insert date 270 days after permit issuance] or, 
    for facilities which begin to discharge storm water associated with 
    industrial activity after [Insert date 270 days after permit issuance], 
    180 days after submitting an NOI to be covered by this permit. If the 
    failure to certify is caused by the inability to perform adequate tests 
    or evaluations, such notification shall describe: the procedure of any 
    test conducted for the presence of non-storm water discharges; the 
    results of such test or other relevant observations; potential sources 
    of non-storm water discharges to the storm sewer; and why adequate 
    tests for such storm sewers were not feasible. Non-storm water 
    discharges to waters of the United States which are not authorized by 
    an NPDES permit are unlawful, and must be terminated.
        (h) Sediment and Erosion Control--The plan shall identify areas 
    which, due to topography, activities, or other factors, have a high 
    potential for significant soil erosion, and identify structural, 
    vegetative, and/or stabilization measures to be used to limit erosion.
        (i) Management of Runoff--The plan shall contain a narrative 
    consideration of the appropriateness of traditional storm water 
    management practices (practices other than those which control the 
    generation or source(s) of pollutants) used to divert, infiltrate, 
    reuse, or otherwise manage storm water runoff in a manner that reduces 
    pollutants in storm water discharges from the site. The plan shall 
    provide that measures that the permittee determines to be reasonable 
    and appropriate shall be implemented and maintained. The potential of 
    various sources at the facility to contribute pollutants to storm water 
    discharges associated with industrial activity (see paragraph 
    XI.AB.3.a.(2) (Description of 
    
    [[Page 51252]]
    Potential Pollutant Sources) of this permit) shall be considered when 
    determining reasonable and appropriate measures. Appropriate measures 
    or other equivalent measures may include: vegetative swales and 
    practices, reuse of collected storm water (such as for a process or as 
    an irrigation source), inlet controls (such as oil/water separators), 
    snow management activities, infiltration devices, and wet detention/
    retention devices. In addition, the permittee must describe the storm 
    water pollutant source area or activity (storage areas, loading/
    unloading) to be controlled by each storm water management practice.
        (4) Comprehensive Site Compliance Evaluation.  Qualified personnel 
    shall conduct site compliance evaluations at appropriate intervals 
    specified in the plan, but in no case less than once a year. Such 
    evaluations shall provide:
        (a) Areas contributing to a storm water discharge associated with 
    industrial activity shall be visually inspected for evidence of, or the 
    potential for, pollutants entering the drainage system. Measures to 
    reduce pollutant loadings shall be evaluated to determine whether they 
    are adequate and properly implemented in accordance with the terms of 
    the permit or whether additional control measures are needed. 
    Structural storm water management measures, sediment and erosion 
    control measures, and other structural pollution prevention measures 
    identified in the plan shall be observed to ensure that they are 
    operating correctly. A visual inspection of equipment needed to 
    implement the plan, such as spill response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    Part XI.AB.3.a.(2) (Description of Potential Pollutant Sources) of this 
    permit and pollution prevention measures and controls identified in the 
    plan in accordance with paragraph XI.AB.3.a.(3) (Measures and Controls) 
    of this permit shall be revised as appropriate within 2 weeks of such 
    evaluation and shall provide for implementation of any changes to the 
    plan in a timely manner, but in no case more than 12 weeks after the 
    evaluation.
        (c) A report summarizing the scope of the evaluation, personnel 
    making the inspection, the date(s) of the inspection, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan, and actions taken in accordance with 
    paragraph XI.AB.3.a.(4)(b) (above) of the permit shall be made and 
    retained as part of the storm water pollution prevention plan for at 
    least 3 years after the date of the evaluation. The report shall 
    identify any incidents of noncompliance. Where a report does not 
    identify any incidents of noncompliance, the report shall contain a 
    certification that the facility is in compliance with the storm water 
    pollution prevention plan and this permit. The report shall be signed 
    in accordance with Part VII.G. (Signatory Requirements) of this permit.
        (d) Where compliance evaluation schedules overlap with inspections 
    required under 3.a.(3)(d), the compliance evaluation may be conducted 
    in place of one such inspection.
        4. Numeric Effluent Limitations. There are no additional numeric 
    limitations beyond those described in Part V.B of this permit.
        5. Monitoring and Reporting Requirements.
        a. Monitoring Requirements.
        (1) Quarterly Visual Examination of Storm Water Quality.  
    Facilities shall perform and document a visual examination of a storm 
    water discharge associated with industrial activity from each outfall, 
    except discharges exempted below. The examination must be made at least 
    once in each designated period [described in (a), below] during 
    daylight hours unless there is insufficient rainfall or snow melt to 
    produce a runoff event.
        (a) Examinations shall be conducted in each of the following 
    periods for the purposes of visually inspecting storm water quality 
    associated with storm water runoff or snow melt: January through March; 
    April through June; July through September; and October through 
    December.
        (b) Examinations shall be made of samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    one hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Where 
    practicable the same individual will carry out the collection and 
    examination of discharges for the life of the permit.
        (c) When a discharger is unable to collect samples over the course 
    of the visual examination period as a result of adverse climatic 
    conditions, the discharger must document the reason for not performing 
    the visual examination and retain this documentation onsite with the 
    records of the visual examination. Adverse weather conditions which may 
    prohibit the collection of samples include weather conditions that 
    create dangerous conditions for personnel (such as local flooding, high 
    winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make 
    the collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (d) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility remains inactive and unstaffed. The facility must maintain 
    a certification with the pollution prevention plan stating that the 
    site is inactive and unstaffed so that performing visual examinations 
    during a qualifying event is not feasible.
        (e) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (f) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfalls provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explaining in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
    
    [[Page 51253]]
    
    
    AC. Storm Water Discharges Associated With Industrial Activity From 
    Facilities That Manufacture Electronic and Electrical Equipment and 
    Components, Photographic and Optical Goods
    
        1. Discharges Covered Under This Section. The requirements listed 
    under this section shall apply to all storm water discharges associated 
    with industrial activity from facilities that manufacture: electronic 
    and other electrical equipment and components, except computer 
    equipment (SIC major group 36); measuring, analyzing, and controlling 
    instruments; photographic, medical and optical goods; watches and 
    clocks (SIC major group 38) and computer and office equipment (SIC code 
    357).
        When an industrial facility, described by the above coverage 
    provisions of this section, has industrial activities being conducted 
    onsite that meet the description(s) of industrial activities in another 
    section(s), that industrial facility shall comply with any and all 
    applicable monitoring and pollution prevention plan requirements of the 
    other section(s) in addition to all applicable requirements in this 
    section. The monitoring and pollution prevention plan terms and 
    conditions of this multi-sector permit are additive for industrial 
    activities being conducted at the same industrial facility (co-located 
    industrial activities). The operator of the facility shall determine 
    which other monitoring and pollution prevention plan section(s) of this 
    permit (if any) are applicable to the facility.
        2. Special Conditions.
        a. Prohibition of Non-storm Water Discharges. Other than as 
    provided in use this Section III.A. of this permit, non-storm water 
    discharges are not authorized by this permit.
        3. Storm Water Pollution Prevention Plan Requirements.
        a. Contents of Plan.  The plan shall include, at a minimum, the 
    following items:
        (1) Pollution Prevention Team.  Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team that are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility or plant manager in its implementation, maintenance, and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        (2) Description of Potential Pollutant Sources. Each plan shall 
    provide a description of potential sources which may reasonably be 
    expected to add significant amounts of pollutants to storm water 
    discharges or which may result in the discharge of pollutants during 
    dry weather from separate storm sewers draining the facility. Each plan 
    shall identify all activities and significant materials which may 
    potentially be significant pollutant sources. Each plan shall include, 
    at a minimum:
        (a) Drainage
        (i) A site map indicating an outline of the portions of the 
    drainage area of each storm water outfall that are within the facility 
    boundaries, each existing structural control measure to reduce 
    pollutants in storm water runoff, surface water bodies, locations where 
    significant materials are exposed to precipitation, locations where 
    major spills or leaks identified under Part XI.AC.3.a.(2)(c) (Spills 
    and Leaks) of this permit have occurred, and the locations of the 
    following activities where such activities are exposed to 
    precipitation: fueling stations, vehicle and equipment maintenance and/
    or cleaning areas, loading/unloading areas, locations used for the 
    treatment, storage or disposal of wastes, liquid storage tanks, 
    processing areas and storage areas. The map must indicate the outfall 
    locations and the types of discharges contained in the drainage areas 
    of the outfalls.
        (ii) For each area of the facility that generates storm water 
    discharges associated with industrial activity with a reasonable 
    potential for containing significant amounts of pollutants, a 
    prediction of the direction of flow, and an identification of the types 
    of pollutants which are likely to be present in storm water discharges 
    associated with industrial activity. Factors to consider include the 
    toxicity of chemical; quantity of chemicals used, produced or 
    discharged; the likelihood of contact with storm water; and history of 
    significant leaks or spills of toxic or hazardous pollutants. Flows 
    with a significant potential for causing erosion shall be identified.
        (b) Inventory of Exposed Materials--An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation. Such inventory shall include a narrative description of 
    significant materials that have been handled, treated, stored or 
    disposed in a manner to allow exposure to storm water between the time 
    of 3 years prior to the date of the submission of a Notice of Intent 
    (NOI) to be covered under this permit and the present; method and 
    location of onsite storage or disposal; materials management practices 
    employed to minimize contact of materials with storm water runoff 
    between the time of 3 years prior to the date of the submission of a 
    Notice of Intent (NOI) to be covered under this permit and the present; 
    the location and a description of existing structural and nonstructural 
    control measures to reduce pollutants in storm water runoff; and a 
    description of any treatment the storm water receives.
        (c) Spills and Leaks--A list of significant spills and significant 
    leaks of toxic or hazardous pollutants that occurred at areas that are 
    exposed to precipitation or that otherwise drain to a storm water 
    conveyance at the facility after the date of 3 years prior to the date 
    of the submission of a Notice of Intent (NOI) to be covered under this 
    permit. Such list shall be updated as appropriate during the term of 
    the permit.
        (d) Sampling Data--A summary of existing discharge sampling data 
    describing pollutants in storm water discharges from the facility, 
    including a summary of sampling data collected during the term of this 
    permit.
        (e) Risk Identification and Summary of Potential Pollutant 
    Sources--A narrative description of the potential pollutant sources 
    from the following activities: loading and unloading operations; 
    outdoor storage activities; outdoor manufacturing or processing 
    activities; significant dust or particulate generating processes; and 
    onsite waste disposal practices. The description shall specifically 
    list any significant potential source of pollutants at the site and for 
    each potential source, any pollutant or pollutant parameter (e.g., 
    biochemical oxygen demand, etc.) of concern shall be identified.
        (3) Measures and Controls. Each facility covered by this permit 
    shall develop a description of storm water management controls 
    appropriate for the facility, and implement such controls. The 
    appropriateness and priorities of controls in a plan shall reflect 
    identified potential sources of pollutants at the facility. The 
    description of storm water management controls shall address the 
    following minimum components, including a schedule for implementing 
    such controls:
        (a) Good Housekeeping--Good housekeeping requires the maintenance 
    of areas which may contribute pollutants to storm water discharges in a 
    clean, orderly manner.
        (b) Preventive Maintenance--A preventive maintenance program shall 
    involve timely inspection and maintenance of storm water management 
    devices (e.g., cleaning oil/
    
    [[Page 51254]]
    water separators, catch basins) as well as inspecting and testing 
    facility equipment and systems to uncover conditions that could cause 
    breakdowns or failures resulting in discharges of pollutants to surface 
    waters, and ensuring appropriate maintenance of such equipment and 
    systems.
        (c) Spill Prevention and Response Procedures--Areas where potential 
    spills which can contribute pollutants to storm water discharges can 
    occur, and their accompanying drainage points shall be identified 
    clearly in the storm water pollution prevention plan. Where 
    appropriate, specifying material handling procedures, storage 
    requirements, and use of equipment such as diversion valves in the plan 
    should be considered. Procedures for cleaning up spills shall be 
    identified in the plan and made available to the appropriate personnel. 
    The necessary equipment to implement a clean up should be available to 
    personnel.
        (d) Inspections--In addition to or as part of the comprehensive 
    site evaluation required under paragraph XI.AC.3.a.(4) of this section, 
    qualified facility personnel shall be identified to inspect designated 
    equipment and areas of the facility at appropriate intervals specified 
    in the plan. A set of tracking or follow-up procedures shall be used to 
    ensure that appropriate actions are taken in response to the 
    inspections. Records of inspections shall be maintained.
        (e) Employee Training--Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management at all levels of responsibility of the 
    components and goals of the storm water pollution prevention plan. 
    Training should address topics such as spill response, good 
    housekeeping and material management practices. The pollution 
    prevention plan shall identify periodic dates for such training.
        (f) Recordkeeping and Internal Reporting Procedures--A description 
    of incidents (such as spills, or other discharges), along with other 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. 
    Inspections and maintenance activities shall be documented and records 
    of such activities shall be incorporated into the plan.
        (g) Non-storm Water Discharges
        (i) The plan shall include a certification that the discharge has 
    been tested or evaluated for the presence of non-storm water 
    discharges. The certification shall include the identification of 
    potential significant sources of non-storm water at the site, a 
    description of the results of any test and/or evaluation for the 
    presence of non-storm water discharges, the evaluation criteria or 
    testing method used, the date of any testing and/or evaluation, and the 
    onsite drainage points that were directly observed during the test. 
    Certifications shall be signed in accordance with Part VII.G. of this 
    permit. Such certification may not be feasible if the facility 
    operating the storm water discharge associated with industrial activity 
    does not have access to an outfall, manhole, or other point of access 
    to the ultimate conduit which receives the discharge. In such cases, 
    the source identification section of the storm water pollution 
    prevention plan shall indicate why the certification required by this 
    part was not feasible, along with the identification of potential 
    significant sources of non-storm water at the site. A discharger that 
    is unable to provide the certification required by this paragraph must 
    notify the Director in accordance with paragraph XI.AC.3.a.(3)(g)(iii) 
    (below).
        (ii) Except for flows from fire fighting activities, sources of 
    non-storm water listed in Part III.A.2 (Prohibition of Non-storm Water 
    Discharges) of this permit that are combined with storm water 
    discharges associated with industrial activity must be identified in 
    the plan. The plan shall identify and ensure the implementation of 
    appropriate pollution prevention measures for the non-storm water 
    component(s) of the discharge.
        (iii) Failure to Certify--Any facility that is unable to provide 
    the certification required (testing for non-storm water discharges), 
    must notify the Director by [Insert date 270 days after permit 
    issuance] or, for facilities which begin to discharge storm water 
    associated with industrial activity after [Insert date 270 days after 
    permit issuance], 180 days after submitting an NOI to be covered by 
    this permit. If the failure to certify is caused by the inability to 
    perform adequate tests or evaluations, such notification shall 
    describe: the procedure of any test conducted for the presence of non-
    storm water discharges; the results of such test or other relevant 
    observations; potential sources of non-storm water discharges to the 
    storm sewer; and why adequate tests for such storm sewers were not 
    feasible. Non-storm water discharges to waters of the United States 
    which are not authorized by an NPDES permit are unlawful, and must be 
    terminated.
        (h) Sediment and Erosion Control--The plan shall identify areas 
    which, due to topography, activities, or other factors, have a high 
    potential for significant soil erosion, and identify structural, 
    vegetative, and/or stabilization measures to be used to limit erosion.
        (i) Management of Runoff--The plan shall contain a narrative 
    consideration of the appropriateness of traditional storm water 
    management practices (practices other than those which control the 
    generation or source(s) of pollutants) used to divert, infiltrate, 
    reuse, or otherwise manage storm water runoff in a manner that reduces 
    pollutants in storm water discharges from the site. The plan shall 
    provide that measures that the permittee determines to be reasonable 
    and appropriate shall be implemented and maintained. The potential of 
    various sources at the facility to contribute pollutants to storm water 
    discharges associated with industrial activity [see paragraph 
    XI.AC.3.a.(2) of this section (Description of Potential Pollutant 
    Sources)] shall be considered when determining reasonable and 
    appropriate measures. Appropriate measures or equivalent measures may 
    include: vegetative swales and practices, reuse of collected storm 
    water (such as for a process or as an irrigation source), inlet 
    controls (such as oil/water separators), snow management activities, 
    infiltration devices, and wet detention/retention devices.
        (4) Comprehensive Site Compliance Evaluation. Qualified personnel 
    shall conduct site compliance evaluations once a year. Such evaluations 
    shall provide:
        (a) Areas contributing to a storm water discharge associated with 
    industrial activity shall be visually inspected for evidence of, or the 
    potential for, pollutants entering the drainage system. Measures to 
    reduce pollutant loadings shall be evaluated to determine whether they 
    are adequate and properly implemented in accordance with the terms of 
    the permit or whether additional control measures are needed. 
    Structural storm water management measures, sediment and erosion 
    control measures, and other structural pollution prevention measures 
    identified in the plan shall be observed to ensure that they are 
    operating correctly. A visual inspection of equipment needed to 
    implement the plan, such as spill response equipment, shall be made.
        (b) Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    paragraph XI.AC.3.a.(2) of this section (Description of Potential 
    Pollutant Sources) and pollution prevention measures and controls 
    identified in the plan in 
    
    [[Page 51255]]
    accordance with paragraph XI.AC.3.a.(3) of this section (Measures and 
    Controls) shall be revised as appropriate within 2 weeks of such 
    evaluation and shall provide for implementation of any changes to the 
    plan in a timely manner, but in no case more than 12 weeks after the 
    evaluation.
        (c) A report summarizing the scope of the inspection, personnel 
    making the evaluation, the date(s) of the evaluation, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan, and actions taken in accordance with 
    paragraph XI.AC.3.a.(4)(b) (above) of the permit shall be made and 
    retained as part of the storm water pollution prevention plan for at 
    least 3 years from the date of the evaluation. The report shall 
    identify any incidents of noncompliance. Where a report does not 
    identify any incidents of noncompliance, the report shall contain a 
    certification that the facility is in compliance with the storm water 
    pollution prevention plan and this permit. The report shall be signed 
    in accordance with Part VII.G. (Signatory Requirements) of this permit.
        (d) Where compliance evaluation schedules overlap with inspections 
    required under 3.a.(3)(d), the compliance evaluation may be conducted 
    in place of one such inspection.
        4. Numeric Effluent Limitations. There are no additional numeric 
    effluent limitations beyond those described in Part V.B of this permit.
        5. Monitoring and Reporting Requirements
        a. Monitoring Requirements
        (1) Quarterly Visual Examination of Storm Water Quality. Facilities 
    shall perform and document a visual examination of a storm water 
    discharge associated with industrial activity from each outfall, except 
    discharges exempted below. The examination must be made at least once 
    in each designated period [described in (a), below] during daylight 
    hours unless there is insufficient rainfall or snow melt to produce a 
    runoff event.
        (a) Examinations shall be conducted in each of the following 
    periods for the purposes of visually inspecting storm water quality 
    associated with storm water runoff or snow melt: January through March; 
    April through June; July through September; and October through 
    December.
        (b) Examinations shall be made of samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to exceed 
    one hour) of when the runoff or snowmelt begins discharging. The 
    examinations shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, and 
    other obvious indicators of storm water pollution. The examination must 
    be conducted in a well lit area. No analytical tests are required to be 
    performed on the samples. All such samples shall be collected from the 
    discharge resulting from a storm event that is greater than 0.1 inches 
    in magnitude and that occurs at least 72 hours from the previously 
    measurable (greater than 0.1 inch rainfall) storm event. Whenever 
    practicable the same individual will carry out the collection and 
    examination of discharges for the life of the permit.
        (c) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources of 
    any observed storm water contamination.
        (d) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the observation data also applies 
    to the substantially identical outfalls provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explaining in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    [e.g., low (under 40 percent), medium (40 to 65 percent), or high 
    (above 65 percent)] shall be provided in the plan.
        (e) When a discharger is unable to collect samples over the course 
    of the monitoring period as a result of adverse climatic conditions, 
    the discharger must document the reason for not performing the visual 
    examination and retain this documentation onsite with the records of 
    the visual examination. Adverse weather conditions which may prohibit 
    the collection of samples include weather conditions that create 
    dangerous conditions for personnel (such as local flooding, high winds, 
    hurricane, tornadoes, electrical storms, etc.) or otherwise make the 
    collection of a sample impracticable (drought, extended frozen 
    conditions, etc.).
        (f) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long as 
    the facility remains inactive and unstaffed. The facility must maintain 
    a certification with the pollution prevention plan stating that the 
    site is inactive and unstaffed so that performing visual examinations 
    during a qualifying event is not feasible.
    
    XII. Coverage Under This Permit
    
    Region III
    
    A. Federal Facilities in the District of Columbia (DCR05*##F)
    
        District of Columbia 401 certification special permit conditions 
    revise the permit as follows:
        1. Part IV section B is amended by the addition of the following:
    
    Part IV. Storm Water Pollution Prevention Plans
    
    * * * * *
    
    B. Signature and Plan Review
    
    * * * * *
    
    4. Review and Approval by Department of Consumer and Regulatory Affairs
    
        A copy of all storm water pollution prevention plans required 
    under the permit shall be submitted to the District of Columbia's 
    Department of Consumer and Regulatory Affairs, Environmental 
    Regulation Administration, for review and approval.
        2. Part IV section E is amended by the addition of the 
    following:
    
    Part IV. Storm Water Pollution Prevention Plans
    
    * * * * *
    
    E. Special Pollution Prevention Plan Requirements
    
    * * * * *
    
    5. Nitrogen, Phosphorus, Fertilizer, Pesticides and Urea Loadings and 
    Usages
    
        Permittees shall include in the storm water pollution prevention 
    plan current nitrogen and phosphorus loads, current fertilizer 
    usage, current exterior pesticide usage, and current urea for 
    deicing usage.
    
    6. Storm Water and Ground Water Diversions to Sanitary Sewers
    
        Permittees shall include in the storm water pollution prevention 
    plan the volume of any storm water diverted to the sanitary sewer 
    from roof leaders or other connections and the volume any ground 
    water diverted to the sanitary sewer.
    
    [[Page 51256]]
    
    
    7. Proposed Reductions in Nutrient and Pesticide Loads
    
        Permittees shall include in the storm water pollution prevention 
    plan the proposed reductions in nutrient and pesticides loads in 
    accordance with the Chesapeake Bay Restoration goals.
    
    8. Animal Waste Management Plans
    
        Any permittee that manages significant quantities of animals or 
    animal wastes, shall provide in the storm water pollution prevention 
    plan an accounting of these animal wastes, and nutrient control 
    measures for avoiding, reducing, or eliminating runoff of these 
    animal wastes.
    
    B. District of Columbia (DCR05*###)
    
        District of Columbia 401 certification special permit conditions 
    revise the permit as follows:
        1. Part IV section B is amended by the addition of the following:
    
    Part IV. Storm Water Pollution Prevention Plans
    
    * * * * *
    
    B. Signature and Plan Review
    
    * * * * *
    
    4. Review and Approval by Department of Consumer and Regulatory Affairs
    
        A copy of all storm water management plans required under the 
    permit shall be submitted to the District of Columbia's Department 
    of Consumer and Regulatory Affairs, Environmental Regulation 
    Administration, for review and approval.
    
    Region VI
    
    C. Louisiana (LAR05*###)
    
        Louisiana 401 certification and Coastal Zone special permit 
    conditions revise the permit as follows:
        1. Part I section B. is amended by the addition of the following:
    
    Part I. Coverage Under This Permit
    
    B. Eligibility
    
    * * * * *
    
    8. Discharges Subject to Louisiana Coastal Zone Management Program
    
        Facilities whose activities occur in, or have an effect on, the 
    designated coastal zone of Louisiana, shall have obtained an 
    individual coastal zone consistency concurrence, permit, or waiver 
    from the Coastal Management Division of the Louisiana Department of 
    Natural Resources (in accordance with the Louisiana Coastal Zone 
    Management Program LRS 49:214). Facilities wishing to obtain a 
    description of the areas designated by the State of Louisiana as the 
    ``coastal zone'' should request that information by writing to: 
    State of Louisiana, Department of Natural Resources, Coastal Zone 
    Management Division, P.O. Box 44487, Baton Rouge, Louisiana 70804-
    4487.
    
        2. The following section is added to Part V of the Permit:
    
    Part V. Numeric Effluent Limitations
    
    * * * * *
        c. Limitations for all discharges of storm water associated with 
    industrial activity.
        (1) General Limitations: Effective [insert effective date of 
    permit].
    
    ------------------------------------------------------------------------
                                                                    Daily   
                             Parameter                             maximum  
    ------------------------------------------------------------------------
    Total Organic Carbon (TOC).................................  50 mg/l    
    Oil & Grease...............................................  15 mg/l    
    ------------------------------------------------------------------------
    
        (2) Oil & Gas Exploration and Production Facilities: Effective 
    on effective date of permit.
    
    ------------------------------------------------------------------------
                                                                    Daily   
                             Parameter                             maximum  
    ------------------------------------------------------------------------
    Chemical Oxygen Demand (COD)...............................  100 mg/l   
    Total Organic Carbon (TOC).................................  50 mg/l    
    Oil & Grease...............................................  15 mg/l    
    ------------------------------------------------------------------------
    
    Chlorides:
        (a) Maximum chloride concentration of the discharge shall not 
    exceed two times the ambient concentration of the receiving water in 
    brackish marsh areas.
        (b) Maximum chloride concentration of the discharge shall not 
    exceed 500 mg/l in freshwater or intermediate marsh areas and upland 
    areas.
        Facilities without monitoring requirements must insure the 
    pollution prevention plan developed in accordance with Part IV will 
    insure compliance with these effluent limitations.
    * * * * *
        3. The following definitions are added to Part X of the permit:
    
    Part X. Definitions
    
        ``Brackish Marshes''--those areas that are inundated or 
    saturated by surface water or groundwater of moderate salinity at a 
    frequency and duration sufficient to support, and that under normal 
    circumstances do support, emergent vegetation characterized by a 
    prevalence of species typically adapted for life in these soil and 
    contiguous surface water conditions. Typical vegetation includes 
    wiregrass (Spartina patens), three-cornered grass (Scirpus olneyi), 
    coco (Scirpus robustus), and widgeongrass (Ruppia maritima). 
    Interstitial water salinity normally ranges between 7 and 15 parts 
    per thousand. (LAC 33:IX.708)
        ``Freshwater Swamps and Marshes''--those areas that are 
    inundated or saturated by surface water or groundwater of negligible 
    to very low salinity at a frequency and duration sufficient to 
    support, and that under normal circumstances do support, emergent 
    vegetation characterized by a prevalence of species typically 
    adapted for life in these soil and contiguous surface water 
    conditions. Typical vegetation includes maiden cane (Panicum 
    hemitomon), Hydrocotyl sp., water hyacinth (Eichhornia crassipes), 
    pickerelweed (Pontederia cordata), alligatorweed (Alternanthera 
    philoxeroides), and bulltongue (Sagittaria sp.). Interstitial water 
    salinity is normally less than 2 parts per thousand. (LAC 33:IX.708)
        ``Intermediate Marshes''--those areas that are inundated or 
    saturated by surface water or groundwater of salinity at a frequency 
    and duration sufficient to support, and that under normal 
    circumstances do support, emergent vegetation characterized by a 
    prevalence of species typically adapted for life in these soil and 
    contiguous surface water conditions. Typical vegetation includes 
    wiregrass (Spartina patens), deer pea (Vigna repens), bulltongue 
    (Sagittaria sp.), wild millet (Echinochloa walteri), bullwhip 
    (Scirpus californicus), and sawgrass (Cladium jamaicense). 
    Interstitial water salinity normally ranges between 3 and 6 parts 
    per thousand. (LAC 33:IX.708)
        ``Saline Marshes''--those wetland areas that are inundated or 
    saturated by surface water or groundwater of salinity characteristic 
    of near Gulf of Mexico ambient water at a frequency and duration 
    sufficient to support, and that under normal circumstances do 
    support, emergent vegetation characterized by a prevalence of 
    species typically adapted for life in these soil and contiguous 
    surface water conditions. Typical vegetation includes oystergrass 
    (Spartina alterniflora), glasswort (Salicornia sp.), black rush 
    (Juncus roemericanus), Batis maritima, black mangrove (Avicennia 
    nitida), and saltgrass (Distichlis spicata). Interstitial water 
    salinity normally exceeds 16 parts per thousand. (LAC 33:IX.708)
        ``Upland''--any land area that is not normally inundated with 
    water and that would not, under normal circumstances, be 
    characterized as swamp or fresh, intermediate, brackish, or saline 
    marsh. The term shall have both a regional and site-specific 
    connotation; for example, naturally occurring and man-made 
    topographic highs that are partially or totally surrounded by swamp, 
    marsh, or open water will be considered upland on a local basis, but 
    will not necessitate characterization of the surrounding area as 
    upland. The land and water bottoms of all parishes north of the nine 
    parishes contiguous with the Gulf of Mexico shall be determined on a 
    case-by-case basis with reference to the presences of a regional 
    expanse of emergent aquatic vegetation or open water. (LAC 
    33:IX.708)
    
    D. New Mexico (NMR05*###)
    
        New Mexico 401 certification special permit conditions revise the 
    permit as follows:
        1. Part VI.B of the permit is revised to read:
    
    Part VI. Monitoring and Reporting Requirements
    
    * * * * *
        B. Reporting: Where to Submit.
    * * * * *
        3. Location. Signed copies of discharge monitoring reports 
    required under Parts XI. and VI.C., individual permit applications, 
    and all other reports required herein, shall be submitted to the 
    appropriate state office address:
    
    New Mexico
        Program Manager, Point Source Regulation Section, Surface Water 
    Quality Bureau, New Mexico Environment Department, 1190 St. Francis 
    Drive, Santa Fe, New Mexico 87504-0968 
    
    [[Page 51257]]
    
        2. Part XI of the permit is revised to include the following 
    additional monitoring for the industrial sectors indicated:
    
    Part XI.
    
    A. Storm Water Discharges Associated With Industrial Activity From 
    Timber Products Facilities
    
    * * * * *
    
    5. Monitoring and Reporting Requirements
    
        (a) * * * In addition to the parameters listed in Tables A-
    1,2,3,4 the following facilities shall conduct monitoring of the 
    additional parameters indicated and the data reported to the New 
    Mexico State Program Manager at the address above (Part VI.B). A 
    copy of the data shall be kept with the Pollution Prevention Plan. 
    Monitoring for the additional parameters indicated shall be 
    conducted at least quarterly (4 times per year) in the second and 
    fourth year of the permit. The first period of monitoring to begin 
    on the date one year following the date of issuance of this permit. 
    Each year of monitoring (four quarters) shall be reported no later 
    than the following March. The report to NMED shall be postmarked no 
    later that the 31st day of the following March.
    
    (1) Sawmill & planing facilities: shall monitor Biochemical Oxygen 
    Demand (BOD), Nitrate + Nitrite (NO3+NO2), Ammonia 
    (NH3) and Total Kjeldahl Nitrogen (TKN);
    (2) Wood preserving facilities: shall monitor Total Suspended Solids 
    (TSS), NO3+NO2, NH3 and TKN;
    (3) Log storage & handling facilities: shall monitor Chemical Oxygen 
    Demand (COD), NO3+NO2, NH3 and TKN;
    (4) Other wood products: shall monitor BOD, NO3+NO2, TKN, 
    NH3 and oil & grease.
    * * * * *
    
    B. Storm Water Discharges Associated With Industrial Activity From 
    Paper And Allied Products Manufacturing Facilities
    
    * * * * *
    
    5. Monitoring and Reporting Requirements
    
        (a) * * * In addition to the parameters listed in Table B-1 the 
    following facilities shall conduct monitoring of the additional 
    parameters indicated and the data reported to the New Mexico State 
    Program Manager at the address above (Part VI.B). A copy of the data 
    shall be kept with the Pollution Prevention Plan. Monitoring for the 
    additional parameters indicated shall be conducted at least 
    quarterly (4 times per year) in the second and fourth year of the 
    permit. The first period of monitoring to begin on the date one year 
    following the date of issuance of this permit. Each year of 
    monitoring (four quarters) shall be reported no later than the 
    following March. The report to NMED shall be postmarked no later 
    that the 31st day of the following March.
    
    (1) Paperboard mills: shall monitor TSS, BOD, NO3+NO2, and 
    TKN;
    (2) Paperboard containers & boxes: shall monitor COD, 
    NO3+NO2, NH3, and TKN;
    (3) Converted paper & paperboard products: shall monitor COD, 
    NO3+NO2, NH3, and TKN.
    * * * * *
    
    C. Storm Water Discharges Associated With Industrial Activity From 
    Chemical and Allied Products Manufacturing Facilities
    
    * * * * *
    
    6. Monitoring and Reporting Requirements
    
        (a) * * * In addition to the parameters listed in Tables C-
    2,3,4,5 the following facilities shall conduct monitoring of the 
    additional parameters indicated and the data reported to the New 
    Mexico State Program Manager at the address above (Part VI.B). A 
    copy of the data shall be kept with the Pollution Prevention Plan. 
    Monitoring for the additional parameters indicated shall be 
    conducted at least quarterly (4 times per year) in the second and 
    fourth year of the permit. The first period of monitoring to begin 
    on the date one year following the date of issuance of this permit. 
    Each year of monitoring (four quarters) shall be reported no later 
    than the following March. The report to NMED shall be postmarked no 
    later that the 31st day of the following March.
    
    (1) Agricultural chemical: shall monitor total mercury (Hg), TSS, 
    NH3, and TKN;
    (2) Inorganic chemical: shall monitor total Hg, NH3, and TKN;
    (3) Detergents, cosmetics & perfumes: shall monitor COD, TKN, 
    NH3, and TSS;
    (4) Paints, varnishes, enamels & allied products: shall monitor TSS, 
    NH3, NO3+NO2, and TKN.
    (5) Plastics, synthetics, and resins: shall monitor total Hg, 
    NO3+NO2, NH3, and TKN.
    * * * * *
    
    D. Storm Water Discharges Associated With Industrial Activity From 
    Asphalt Paving and Roofing Materials and Lubricant Manufacturers
    
    * * * * *
    
    5. Monitoring and Reporting Requirements.
    
        (a) * * * In addition to the parameters listed in Table D-1 the 
    following facilities shall conduct monitoring of the additional 
    parameters indicated and the data reported to the New Mexico State 
    Program Manager at the address above (Part VI.B). A copy of the data 
    shall be kept with the Pollution Prevention Plan. Monitoring for the 
    additional parameters indicated shall be conducted at least 
    quarterly (4 times per year) in the second and fourth year of the 
    permit. The first period of monitoring to begin on the date one year 
    following the date of issuance of this permit. Each year of 
    monitoring (four quarters) shall be reported no later than the 
    following March. The report to NMED shall be postmarked no later 
    that the 31st day of the following March.
    
    Asphalt paving & roofing materials: shall monitor COD, 
    NO3+NO2, NH3, and TKN.
    
    E. Storm Water Discharges Associated With Industrial Activity From 
    Glass, Clay, Cement, Concrete, Gypsum Product Manufacturing 
    Facilities
    
    * * * * *
    
    5. Monitoring and Reporting Requirements
    
        (a) * * * In addition to the parameters listed in Tables E-1,2 
    the following facilities shall conduct monitoring of the additional 
    parameters indicated and the data reported to the New Mexico State 
    Program Manager at the address above (Part VI.B). A copy of the data 
    shall be kept with the Pollution Prevention Plan. Monitoring for the 
    additional parameters indicated shall be conducted at least 
    quarterly (4 times per year) in the second and fourth year of the 
    permit. The first period of monitoring to begin on the date one year 
    following the date of issuance of this permit. Each year of 
    monitoring (four quarters) shall be reported no later than the 
    following March. The report to NMED shall be postmarked no later 
    that the 31st day of the following March.
    
    (1) Clay product manufactures: shall monitor TSS;
    (2) Concrete & gypsum product manufactures: shall monitor TKN, 
    NH3, and NO3+NO2;
    (3) Flat glass, glass & glassware, pressed or blown glass products: 
    shall monitor TKN, NH3, and NO3+NO2.
    * * * * *
    
    F. Storm Water Discharges Associated With Industrial Activity From 
    Primary Metals Facilities.
    
    * * * * *
    
    5. Monitoring and Reporting Requirements
    
        (a) * * * In addition to the parameters listed in Tables F-1, 2, 
    3, 4 the following facilities shall conduct monitoring of the 
    additional parameters indicated and the data reported to the New 
    Mexico State Program Manager at the address above (Part VI.B). A 
    copy of the data shall be kept with the Pollution Prevention Plan. 
    Monitoring for the additional parameters indicated shall be 
    conducted at least quarterly (4 times per year) in the second and 
    fourth year of the permit. The first period of monitoring to begin 
    on the date one year following the date of issuance of this permit. 
    Each year of monitoring (four quarters) shall be reported no later 
    than the following March. The report to NMED shall be postmarked no 
    later that the 31st day of the following March.
    
    (1) Steel works: shall monitor total Hg, TKN, NO3+NO2, 
    NH3, and TSS;
    (2) Iron & steel foundries: shall monitor total Hg, COD, 
    NO3+NO2, NH3, and TKN;
    (3) Rolling, drawing & extruding--non-ferrous: shall monitor total 
    Hg, NO3+NO2, NH3, and TKN;
    (4) Non-ferrous foundries: shall monitor total Hg, TSS, 
    NO3+NO2, NH3, and TKN.
    * * * * *
    
    G. Storm Water Discharges Associated With Industrial Activity From 
    Metal Mining (Ore Mining and Dressing) Facilities
    
    * * * * *
    
    5. Monitoring and Reporting Requirements
    
        (a) * * * In addition to the parameters listed in Table G-1 the 
    following facilities shall conduct monitoring of the additional 
    parameters indicated and the data reported to the New Mexico State 
    Program Manager at the address above (Part VI.B). A copy of the data 
    shall be kept with the Pollution Prevention Plan. Monitoring for the 
    additional parameters indicated shall be conducted at least 
    quarterly (4 times per 
    
    [[Page 51258]]
    year) in the second and fourth year of the permit. The first period of 
    monitoring to begin on the date one year following the date of 
    issuance of this permit. Each year of monitoring (four quarters) 
    shall be reported no later than the following March. The report to 
    NMED shall be postmarked no later that the 31st day of the following 
    March.
        All metal mining facilities shall monitor for COD, TSS, 
    NO3+NO2, TKN, NH3, total Hg; in addition, all 
    permittees in the SIC code for metals mining shall monitor for any 
    heavy metal which the permittee has reason to believe may be present 
    in storm water runoff from the mining facility.
    * * * * *
    
    I. Storm Water Discharges Associated With Industrial Activity From 
    Oil and Gas Extraction Facilities
    
    * * * * *
    
    5. Monitoring and Reporting Requirements
    
        (a) All facilities in this sector shall conduct analytical 
    monitoring for oil and grease; total phosphorus; and total suspended 
    solids (TSS). The data shall be reported to the New Mexico State 
    Program Manager at the address above (Part VI.B). A copy of the data 
    shall be kept with the Pollution Prevention Plan. Monitoring for the 
    additional parameters indicated shall be conducted at least 
    quarterly (4 times per year) in the second and fourth year of the 
    permit. The first period of monitoring to begin on the date one year 
    following the date of issuance of this permit. Each year of 
    monitoring (four quarters) shall be reported no later than the 
    following March. The report to NMED shall be postmarked no later 
    that the 31st day of the following March.
    * * * * *
    
    J. Storm Water Discharges Associated With Industrial Activity From 
    Mineral Mining and Processing Facilities
    
    * * * * *
    
    5. Monitoring and Reporting Requirements
    
        (a) * * * In addition to the parameters listed in Table J-1 the 
    following facilities shall conduct monitoring of the additional 
    parameters indicated and the data reported to the New Mexico State 
    Program Manager at the address above (Part VI.B). A copy of the data 
    shall be kept with the Pollution Prevention Plan. Monitoring for the 
    additional parameters indicated shall be conducted at least 
    quarterly (4 times per year) in the second and fourth year of the 
    permit. The first period of monitoring to begin on the date one year 
    following the date of issuance of this permit. Each year of 
    monitoring (four quarters) shall be reported no later than the 
    following March. The report to NMED shall be postmarked no later 
    that the 31st day of the following March.
    
    Sand & gravel mining facilities: shall monitor TKN and NH3.
    * * * * *
    
    K. Storm Water Discharges Associated With Industrial Activity From 
    Hazardous Waste Treatment, Storage, or Disposal Facilities
    
    * * * * *
    
    5. Monitoring and Reporting Requirements
    
        (a) * * * In addition to the parameters listed in Table K-1 all 
    facilities shall monitor TKN, NO3+NO2, and TSS and the 
    data reported to the New Mexico State Program Manager at the address 
    above (Part VI.B). A copy of the data shall be kept with the 
    Pollution Prevention Plan. Monitoring for the additional parameters 
    indicated shall be conducted at least quarterly (4 times per year) 
    in the second and fourth year of the permit. The first period of 
    monitoring to begin on the date one year following the date of 
    issuance of this permit. Each year of monitoring (four quarters) 
    shall be reported no later than the following March. The report to 
    NMED shall be postmarked no later that the 31st day of the following 
    March.
    * * * * *
    
    L. Storm Water Discharges Associated With Industrial Activity From 
    LandFills and Land Application Sites
    
    5. Monitoring and Reporting Requirements.
    
        (a) * * * In addition to the parameters listed in Table L-1 all 
    facilities shall monitor TKN, NH3, and NO3+NO2 and 
    the data reported to the New Mexico State Program Manager at the 
    address above (Part VI.B). A copy of the data shall be kept with the 
    Pollution Prevention Plan. Monitoring for the additional parameters 
    indicated shall be conducted at least quarterly (4 times per year) 
    in the second and fourth year of the permit. The first period of 
    monitoring to begin on the date one year following the date of 
    issuance of this permit. Each year of monitoring (four quarters) 
    shall be reported no later than the following March. The report to 
    NMED shall be postmarked no later that the 31st day of the following 
    March.
    * * * * *
    
    M. Storm Water Discharges Associated With Industrial Activity From 
    Automobile Salvage Yards
    
    * * * * *
    
    4. Monitoring and Reporting Requirements.
    
        (a) * * * In addition to the parameters listed in Table M-1 all 
    facilities shall monitor oil & grease, NO3+NO2, NH3, 
    and TKN and the data reported to the New Mexico State Program 
    Manager at the address above (Part VI.B). A copy of the data shall 
    be kept with the Pollution Prevention Plan. Monitoring for the 
    additional parameters indicated shall be conducted at least 
    quarterly (4 times per year) in the second and fourth year of the 
    permit. The first period of monitoring to begin on the date one year 
    following the date of issuance of this permit. Each year of 
    monitoring (four quarters) shall be reported no later than the 
    following March. The report to NMED shall be postmarked no later 
    that the 31st day of the following March.
    * * * * *
    
    N. Storm Water Discharges Associated With Industrial Activity From 
    Scrap Recycling and Waste Recycling Facilities
    
    * * * * *
    
    5. Monitoring and Reporting Requirements
    
        (a) * * * In addition to the parameters listed in Table N-1 all 
    facilities shall monitor oil & grease, NO3+NO2, NH3, 
    and TKN and the data reported to the New Mexico State Program 
    Manager at the address above (Part VI.B). A copy of the data shall 
    be kept with the Pollution Prevention Plan. Monitoring for the 
    additional parameters indicated shall be conducted at least 
    quarterly (4 times per year) in the second and fourth year of the 
    permit. The first period of monitoring to begin on the date one year 
    following the date of issuance of this permit. Each year of 
    monitoring (four quarters) shall be reported no later than the 
    following March. The report to NMED shall be postmarked no later 
    that the 31st day of the following March.
    * * * * *
    
    O. Storm Water Discharges Associated With Industrial Activity From 
    Steam Electric Power Generating Facilities, Including Coal Handling 
    Areas
    
    * * * * *
    
    5. Monitoring and Reporting Requirements
    
        (a) * * * In addition to the parameters listed in Table O-1 all 
    facilities shall monitor TSS, NO3+NO2, TKN, NH3, and 
    total Zinc (Zn) and the data reported to the New Mexico State 
    Program Manager at the address above (Part VI.B). A copy of the data 
    shall be kept with the Pollution Prevention Plan. Monitoring for the 
    additional parameters indicated shall be conducted at least 
    quarterly (4 times per year) in the second and fourth year of the 
    permit. The first period of monitoring to begin on the date one year 
    following the date of issuance of this permit. Each year of 
    monitoring (four quarters) shall be reported no later than the 
    following March. The report to NMED shall be postmarked no later 
    that the 31st day of the following March.
    * * * * *
    
    P. Storm Water Discharges Associated With Industrial Activity From 
    Motor Freight Transportation Facilities, Petroleum Bulk Oil 
    Stations and Terminals, Rail Transportation Facilities, and United 
    States Postal Service Transportation Facilities
    
    * * * * *
    
    4. Monitoring and Reporting Requirements
    
        (a) The following facilities shall conduct analytical monitoring 
    of the parameters indicated and the data reported to the New Mexico 
    State Program Manager at the address above (Part VI.B). A copy of 
    the data shall be kept with the Pollution Prevention Plan. 
    Monitoring for the additional parameters indicated shall be 
    conducted at least quarterly (4 times per year) in the second and 
    fourth year of the permit. The first period of monitoring to begin 
    on the date one year following the date of issuance of this permit. 
    Each year of monitoring (four quarters) shall be reported no later 
    than the following March. The report to NMED shall be postmarked no 
    later that the 31st day of the following March.
    
    (1) Railroad transportation: shall monitor COD, NO3+NO2, 
    TKN, NH3, TSS, total Zn, and oil & grease; 
    
    [[Page 51259]]
    
    (2) Local & highway passenger transportation: shall monitor 
    NO3+NO2, NH3, oil & grease, TSS, and TKN;
    (3) Motor freight transportation & warehousing: shall monitor 
    NO3+NO2, NH3, TSS, total Zn, TKN, and oil & grease;
    (4) U.S. Postal Service: shall monitor total Zn;
    (5) Petroleum bulk stations: shall monitor TKN, NO3+NO2, 
    NH3, and TSS.
    * * * * *
    
    Q. Storm Water Discharges Associated With Industrial Activity From 
    Water Transportation Facilities That Have Vehicle Maintenance Shops 
    and/or Equipment Cleaning Operations
    
    * * * * *
    
    5. Monitoring and Reporting Requirements
    
        (a) * * * In addition to the parameters listed in Table Q-1 all 
    facilities shall monitor TSS, NO3+NO2, NH3, and TKN 
    and the data reported to the New Mexico State Program Manager at the 
    address above (Part VI.B.). A copy of the data shall be kept with 
    the Pollution Prevention Plan. Monitoring for the additional 
    parameters indicated shall be conducted at least quarterly (4 times 
    per year) in the second and fourth year of the permit. The first 
    period of monitoring to begin on the date one year following the 
    date of issuance of this permit. Each year of monitoring (four 
    quarters) shall be reported no later than the following March. The 
    report to NMED shall be postmarked no later that the 31st day of the 
    following March.
    * * * * *
    
    S. Storm Water Discharges Associated With Industrial Activity From 
    Vehicle Maintenance Areas, Equipment Cleaning Areas, or Deicing 
    Areas Located at Air Transportation Facilities
    
    * * * * *
    
    5. Monitoring and Reporting Requirements
    
        (a) * * * In addition to the parameters listed in Table S-1 the 
    following facilities shall conduct monitoring of the additional 
    parameters indicated and the data reported to the New Mexico State 
    Program Manager at the address above (Part VI.B.). A copy of the 
    data shall be kept with the Pollution Prevention Plan. Monitoring 
    for the additional parameters indicated shall be conducted at least 
    quarterly (4 times per year) in the second and fourth year of the 
    permit. The first period of monitoring to begin on the date one year 
    following the date of issuance of this permit. Each year of 
    monitoring (four quarters) shall be reported no later than the 
    following March. The report to NMED shall be postmarked no later 
    that the 31st day of the following March.
        (1) Vehicle maintenance and/or cleaning areas: shall monitor oil 
    & grease, COD, TSS;
    * * * * *
        (b) Quarterly Visual Examination of Storm Water Quality. Storm 
    water discharge from vehicle maintenance, cleaning or deicing areas 
    shall be visually examined once each quarter as specified below. 
    These facilities shall perform and document a visual examination of 
    a storm water discharge associated with industrial activity from 
    each outfall, except discharges exempted below. The examination(s) 
    must be made at least once in each of the following 3-month periods: 
    January through March, April through June, July through September, 
    and October through December. The examination shall be made during 
    daylight hours unless there is insufficient rainfall or snow melt to 
    produce a runoff event.
        (1) Examinations shall be made of samples collected within the 
    first 30 minutes (or as soon thereafter as practical, but not to 
    exceed 1 hour) of when the runoff or snow melt begins discharging. 
    The examination shall document observations of color, odor, clarity, 
    floating solids, settled solids, suspended solids, foam, oil sheen, 
    and other obvious indicators of storm water pollution. The 
    examination must be conducted in a well lit area. No analytical 
    tests are required to be performed on the samples. All such samples 
    shall be collected from the discharge resulting from a storm event 
    that is greater than 0.1 inches in magnitude and that occurs at 
    least 72 hours from the previously measurable (greater than 0.1 inch 
    rainfall) storm event. Where practicable, the same individual should 
    carry out the collection and examination of discharges for the 
    entire permit term.
        (2) Visual examination reports must be maintained onsite in the 
    pollution prevention plan. The report shall include the examination 
    date and time, examination personnel, the nature of the discharge 
    (i.e., runoff or snow melt), visual quality of the storm water 
    discharge (including observations of color, odor, clarity, floating 
    solids, settled solids, suspended solids, foam, oil sheen, and other 
    obvious indicators of storm water pollution), and probable sources 
    of any observed storm water contamination.
        (3) When a facility has two or more outfalls that, based on a 
    consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent 
    of one of such outfalls and report that the examination data also 
    applies to the substantially identical outfall(s) provided that the 
    permittee includes in the storm water pollution prevention plan a 
    description of the location of the outfalls and explains in detail 
    why the outfalls are expected to discharge substantially identical 
    effluents. In addition, for each outfall that the permittee believes 
    is representative, an estimate of the size of the drainage area (in 
    square feet) and an estimate of the runoff coefficient of the 
    drainage area [e.g., low (under 40 percent), medium (40 to 65 
    percent), or high (above 65 percent)] shall be provided in the plan.
        (4) When a discharger is unable to collect samples over the 
    course of the visual examination period as a result of adverse 
    climatic conditions, the discharger must document the reason for not 
    performing the visual examination and retain this documentation 
    onsite with the records of the visual examinations. Adverse weather 
    conditions that may prohibit the collection of samples include 
    weather conditions that create dangerous conditions for personnel 
    (such as local flooding, high winds, hurricane, tornadoes, 
    electrical storms, etc.) or otherwise make the collection of a 
    sample impracticable (drought, extended frozen conditions, etc.).
        (5) When a discharger is unable to conduct visual storm water 
    examinations at an inactive and unstaffed site, the operator of the 
    facility may exercise a waiver of the monitoring requirement as long 
    as the facility remains inactive and unstaffed. The facility must 
    maintain a certification with the pollution prevention plan stating 
    that the site is inactive and unstaffed so that performing visual 
    examinations during a qualifying event is not feasible.
    * * * * *
    
    T. Storm Water Discharges Associated With Industrial Activity From 
    Treatment Works.
    
    * * * * *
    
    5. Monitoring and Reporting Requirements
    
        (a) * * * In addition to the visual monitoring, all facilities 
    shall conduct analytical monitoring of BOD, NO3+NO2, TKN, 
    NH3, TSS, and fecal coliform, and the data reported to the New 
    Mexico State Program Manager at the address above (Part VI.B). A 
    copy of the data shall be kept with the Pollution Prevention Plan. 
    Monitoring for the additional parameters indicated shall be 
    conducted at least quarterly (4 times per year) in the second and 
    fourth year of the permit. The first period of monitoring to begin 
    on the date one year following the date of issuance of this permit. 
    Each year of monitoring (four quarters) shall be reported no later 
    than the following March. The report to NMED shall be postmarked no 
    later that the 31st day of the following March.
    * * * * *
    
    U. Storm Water Discharges Associated With Industrial Activity From 
    Food and Kindred Products Facilities
    
    * * * * *
    
    5. Monitoring and Reporting Requirements
    
        (a) * * * In addition to the parameters listed in Table U-1,2 
    the following facilities shall conduct monitoring of the additional 
    parameters indicated and the data reported to the New Mexico State 
    Program Manager at the address above (Part VI.B). A copy of the data 
    shall be kept with the Pollution Prevention Plan. Monitoring for the 
    additional parameters indicated shall be conducted at least 
    quarterly (4 times per year) in the second and fourth year of the 
    permit. The first period of monitoring to begin on the date one year 
    following the date of issuance of this permit. Each year of 
    monitoring (four quarters) shall be reported no later than the 
    following March. The report to NMED shall be postmarked no later 
    that the 31st day of the following March.
    
    (1) Grain mill products: shall monitor COD, total Zn, TKN, 
    NO3+NO2, NH3, and total phosphorus;
    (2) Fats and oils products: shall monitor TKN and NH3;
    (3) Dairy products: shall monitor BOD, COD, NO3+NO2, TKN, 
    NH3, and TSS;
    (4) Meat products: shall monitor NO3+NO2, TKN, and TSS; 
    
    [[Page 51260]]
    
    (5) Canned, frozen & preserved fruits: shall monitor 
    NO3+NO2, NH3, COD, and TKN;
    (6) Bakery products: shall monitor TKN, NO3+NO2, NH3, 
    and TSS;
    (7) Beverage facilities: shall monitor total Zn;
    (8) Miscellaneous: shall monitor TKN, NO3+NO2, NH3, 
    and TSS.
    * * * * *
    
    W. Storm Water Discharges Associated With Industrial Activity From 
    Wood and Metal Furniture and Fixture Manufacturing Facilities
    
    * * * * *
    
    5. Monitoring and Reporting Requirements
    
        (a) All facilities shall conduct analytical monitoring of 
    NO3+NO2, TKN, NH3, TSS and total Zn, and the data 
    reported to the New Mexico State Program Manager at the address 
    above (Part VI.B). A copy of the data shall be kept with the 
    Pollution Prevention Plan. Monitoring for the additional parameters 
    indicated shall be conducted at least quarterly (4 times per year) 
    in the second and fourth year of the permit. The first period of 
    monitoring to begin on the date one year following the date of 
    issuance of this permit. Each year of monitoring (four quarters) 
    shall be reported no later than the following March. The report to 
    NMED shall be postmarked no later that the 31st day of the following 
    March.
    * * * * *
    
    Y. Storm Water Discharges Associated With Industrial Activity From 
    Rubber, Miscellaneous Plastic Products, and Miscellaneous 
    Manufacturing Industries
    
    * * * * *
    
    5. Monitoring and Reporting Requirements
    
        (a) * * * In addition to the parameters listed in Table Y-1 the 
    following facilities shall conduct monitoring of the additional 
    parameters indicated and the data reported to the New Mexico State 
    Program Manager at the address above (Part VI.B). A copy of the data 
    shall be kept with the Pollution Prevention Plan. Monitoring for the 
    additional parameters indicated shall be conducted at least 
    quarterly (4 times per year) in the second and fourth year of the 
    permit. The first period of monitoring to begin on the date one year 
    following the date of issuance of this permit. Each year of 
    monitoring (four quarters) shall be reported no later than the 
    following March. The report to NMED shall be postmarked no later 
    that the 31st day of the following March.
    
    (1) Rubber products manufacturing: shall monitor TSS, TKN, 
    NO3+NO2, NH3, and total Hg;
    (2) Miscellaneous plastics products: shall monitor 
    NO3+NO2, NH3, TKN, TSS, and total Hg.
    * * * * *
    
    Z. Storm Water Discharges Associated With Industrial Activity From 
    Leather Tanning and Finishing Facilities
    
    * * * * *
    
    5. Monitoring and Reporting Requirements
    
        (a) * * * In addition to the visual monitoring, all facilities 
    shall conduct analytical monitoring of COD, NO3+NO2, TKN, 
    NH3, and TSS, and the data reported to the New Mexico State 
    Program Manager at the address above (Part VI.B). A copy of the data 
    shall be kept with the Pollution Prevention Plan. Monitoring for the 
    additional parameters indicated shall be conducted at least 
    quarterly (4 times per year) in the second and fourth year of the 
    permit. The first period of monitoring to begin on the date one year 
    following the date of issuance of this permit. Each year of 
    monitoring (four quarters) shall be reported no later than the 
    following March. The report to NMED shall be postmarked no later 
    that the 31st day of the following March.
    * * * * *
    
    AA. Storm Water Discharges Associated With Industrial Activity From 
    Fabricated Metal Products Industry
    
    * * * * *
    
    5. Monitoring and Reporting Requirements
    
        (a) * * * In addition to the parameters listed in Table AA-1,2 
    the following facilities shall conduct monitoring of the additional 
    parameters indicated and the data reported to the New Mexico State 
    Program Manager at the address above (Part VI.B). A copy of the data 
    shall be kept with the Pollution Prevention Plan. Monitoring for the 
    additional parameters indicated shall be conducted at least 
    quarterly (4 times per year) in the second and fourth year of the 
    permit. The first period of monitoring to begin on the date one year 
    following the date of issuance of this permit. Each year of 
    monitoring (four quarters) shall be reported no later than the 
    following March. The report to NMED shall be postmarked no later 
    that the 31st day of the following March.
    
    (1) Metal products except coating: shall monitor TKN, NH3, and TSS;
    (2) Metal coating & engraving: shall monitor TKN, and NH3.
    * * * * *
    
    AC. Storm Water Discharges Associated With Industrial Activity From 
    Facilities That Manufacture Electronic and Electrical Equipment and 
    Components, Photographic and Optical Goods
    
    * * * * *
    
    5. Monitoring and Reporting Requirements
    
        (a) All facilities shall conduct analytical monitoring of total 
    Aluminum (Al), total Zn and total Hg, and the data reported to the 
    New Mexico State Program Manager at the address above (Part VI.B). A 
    copy of the data shall be kept with the Pollution Prevention Plan. 
    Monitoring for the additional parameters indicated shall be 
    conducted at least quarterly (4 times per year) in the second and 
    fourth year of the permit. The first period of monitoring to begin 
    on the date one year following the date of issuance of this permit. 
    Each year of monitoring (four quarters) shall be reported no later 
    than the following March. The report to NMED shall be postmarked no 
    later that the 31st day of the following March.
        In addition to the above-referenced conditions, per 40 CFR 
    122.44(d)(6) to ensure consistency with work element 6 of the State-
    adopted Water Quality Management Plan (WQMP) approved by EPA under 
    Section 208(b) of the CWA, NMED is requiring that all permittees 
    covered under this general permit, who are required to do sampling, 
    be additionally required to monitor and report pH.
    * * * * *
    
    E. Oklahoma (OKR05*###)
    
        Oklahoma 401 certification special permit conditions revise the 
    permit as follows:
        Part I.B.3. Limitations on Coverage. Insert the following 
    paragraph:
        f. Discharges to Oklahoma Outstanding Resource Waters and Scenic 
    Rivers. ``New'' point source discharges of storm water associated 
    with industrial activity (those commencing after the June 25, 1992, 
    effective date of the Oklahoma Water Quality Standards--Oklahoma 
    Annotated Code Title 785, Chapter 45) to the following waters:
        (1) waterbodies designated as ``Outstanding Resource Waters'' 
    and/or ``Scenic Rivers'' in Appendix A of the Oklahoma Water Quality 
    Standards;
        (2) Oklahoma waterbodies located within the watersheds of 
    waterbodies designated as ``Scenic Rivers'' in Appendix A of the 
    Oklahoma Water Quality Standards; and
        (3) waterbodies located within the boundaries of Oklahoma Water 
    Quality Standards Appendix B areas which are specifically designated 
    as ``Outstanding Resource Waters'' in Appendix A of the Oklahoma 
    Water Quality Standards.
    
    D. Texas (TXR05*###)
    
        Texas 401 certification special permit conditions revise the 
    permit as follows:
    
        The following sections are added to Part V of the permit:
    
    Part V. Numeric Effluent Limitations
    
    * * * * *
    
    C. All Discharges to Inland Waters
    
        The maximum allowable concentrations of each of the hazardous 
    metals, stated in terms of milligrams per liter (mg/l), for 
    discharges to inland waters are as follows:
    
    ------------------------------------------------------------------------
                                       Monthly        Daily                 
              Total metal              average      composite    Single grab
    ------------------------------------------------------------------------
    Arsenic.......................         0.1           0.2            0.3 
    Barium........................         1.0           2.0            4.0 
    Cadmium.......................         0.05          0.1            0.2 
    Chromium......................         0.5           1.0            5.0 
    
    [[Page 51261]]
                                                                            
    Copper........................         0.5           1.0            2.0 
    Lead..........................         0.5           1.0            1.5 
    Manganese.....................         1.0           2.0            3.0 
    Mercury.......................         0.005         0.005          0.01
    Nickel........................         1.0           2.0            3.0 
    Selenium......................         0.05          0.1            0.2 
    Silver........................         0.05          0.1            0.2 
    Zinc..........................         1.0           2.0            6.0 
    ------------------------------------------------------------------------
    
    
    
    C. All Discharges to Tidal Waters
    
        The maximum allowable concentrations of each of the hazardous 
    metals, stated in terms of milligrams per liter (mg/l), for 
    discharges to tidal waters are as follows:
    
    ------------------------------------------------------------------------
                                       Monthly        Daily                 
              Total metal              average      composite    Single grab
    ------------------------------------------------------------------------
    Arsenic.......................         0.1           0.2            0.3 
    Barium........................         1.0           2.0            4.0 
    Cadmium.......................         0.1           0.2            0.3 
    Chromium......................         0.5           1.0            5.0 
    Copper........................         0.5           1.0            2.0 
    Lead..........................         0.5           1.0            1.5 
    Manganese.....................         1.0           2.0            3.0 
    Mercury.......................         0.005         0.005          0.01
    Nickel........................         1.0           2.0            3.0 
    Selenium......................         0.10          0.2            0.3 
    Silver........................         0.05          0.1            0.2 
    Zinc..........................         1.0           2.0            6.0 
    ------------------------------------------------------------------------
    
        2. The following section is added to Part VI. of the permit:
    * * * * *
        D. Toxicity Testing. All facilities that have demonstrated 
    significant lethality, which has not been controlled, shall continue 
    to perform WET testing in accordance with the requirements below. 
    Permittees that are required to monitor for acute whole effluent 
    toxicity shall initiate the series of tests described below within 
    180 days after the issuance of this permit or within 90 days after 
    the commencement of a new discharge.
        The permittee shall test the effluent for lethality in 
    accordance with the provisions of this section. Such testing will 
    determine if an effluent sample meets the Texas Surface Water 
    Quality Standard listed at 31 TAC Sec. 307.6(e)(2)(B) of greater 
    than 50% survival of the appropriate test organisms in 100% effluent 
    for a 24-hour period.
    
    1. Test Procedures
    
        a. The permittee shall conduct acute 24 hour static toxicity 
    tests on both an appropriate invertebrate and an appropriate fish 
    (vertebrate) test species (EPA/600/4-90-027 Rev. 9/91, Section 
    6.1.). Freshwater species must be used for discharges to freshwater 
    water bodies. Due to the non-saline nature of rainwater, freshwater 
    test species should also be used for discharges to estuarine, marine 
    or other naturally saline waterbodies.
        The following tests shall be used:
        1. Acute static 24-hour definitive toxicity test using Daphnia 
    pulex. A minimum of four (4) replicates with a minimum of five (5) 
    organisms per replicate shall be used for this test.
        2. Acute static 24-hour definitive toxicity test using fathead 
    minnow (Pimephales promelas). A minimum of four (4) replicates with 
    a minimum of ten (10) organisms per replicate shall be used for this 
    test.
        b. Five dilutions in addition to an appropriate control (0% 
    effluent), shall be used in the toxicity tests. These effluent 
    concentrations shall be 6%, 13%, 25%, 50% and 100%. The control and/
    or dilution water shall consist of a standard, synthetic, moderately 
    hard, reconstituted water. If more than 10% of the test organisms in 
    any control die, that test, including the control and all effluent 
    dilution(s), shall be repeated, with all results from both tests 
    reported.
        c. All test organisms, procedures and quality assurance criteria 
    used shall be in accordance with Methods for Measuring the Acute 
    Toxicity of Effluents and Receiving Waters to Freshwater and Marine 
    Organisms, EPA/600/4-90-027 (Rev. September 1991). EPA has proposed 
    to establish regulations regarding these test methods (December 4, 
    1989, 53 FR 50216).
        d. Tests shall be conducted semiannually (twice per year) on a 
    grab sample of the discharge at 100% strength (no dilution), the 
    dilutions specified in paragraph b. above, and a control consisting 
    of either receiving water or synthetic dilution water. Results of 
    all tests conducted with any species shall be reported according to 
    EPA/600/4-90-027 (Rev. September 1991), Section 12, Report 
    Preparation, and the report retained onsite. The test results shall 
    be summarized in the format used on Table VI-A and submitted to EPA 
    with the Discharge Monitoring Reports (DMR's). On the DMR, the 
    permittee shall report test results in accordance with the 
    instructions on Table VI-A.
    * * * * *
        2. The following sections are added to Part V of the permit:
    
    Part V. Numeric Effluent Limitations
    
    * * * * *
    
    B. All Discharges to Inland Waters
    
        The maximum allowable concentrations of each of the hazardous 
    metals, stated in terms of milligrams per liter (mg/l), for 
    discharges to inland waters are as follows:
    
    ------------------------------------------------------------------------
                                       Monthly        Daily                 
              Total metal              average      composite    Single grab
    ------------------------------------------------------------------------
    Arsenic.......................         0.1           0.2            0.3 
    Barium........................         1.0           2.0            4.0 
    Cadmium.......................         0.05          0.1            0.2 
    Chromium......................         0.5           1.0            5.0 
    Copper........................         0.5           1.0            2.0 
    
    [[Page 51262]]
                                                                            
    Lead..........................         0.5           1.0            1.5 
    Manganese.....................         1.0           2.0            3.0 
    Mercury.......................         0.005         0.005          0.01
    Nickel........................         1.0           2.0            3.0 
    Selenium......................         0.05          0.1            0.2 
    Silver........................         0.05          0.1            0.2 
    Zinc..........................         1.0           2.0            6.0 
    ------------------------------------------------------------------------
    
    
    
    C. All Discharges to Tidal Waters
    
        The maximum allowable concentrations of each of the hazardous 
    metals, stated in terms of milligrams per liter (mg/l), for 
    discharges to tidal waters are as follows:
    
    ------------------------------------------------------------------------
                                       Monthly        Daily                 
              Total metal              average      composite    Single grab
    ------------------------------------------------------------------------
    Arsenic.......................         0.1           0.2            0.3 
    Barium........................         1.0           2.0            4.0 
    Cadmium.......................         0.1           0.2            0.3 
    Chromium......................         0.5           1.0            5.0 
    Copper........................         0.5           1.0            2.0 
    Lead..........................         0.5           1.0            1.5 
    Manganese.....................         1.0           2.0            3.0 
    Mercury.......................         0.005         0.005          0.01
    Nickel........................         1.0           2.0            3.0 
    Selenium......................         0.10          0.2            0.3 
    Silver........................         0.05          0.1            0.2 
    Zinc..........................         1.0           2.0            6.0 
    ------------------------------------------------------------------------
    
        3. The following definitions are added to Part X of the permit:
    
    Part X. Definitions
    
        ``Inland Waters''--all surface waters in the State other than 
    ``tidal waters'' as defined below.
        ``Tidal Waters''--those waters of the Gulf of Mexico within the 
    jurisdiction of the State of Texas, bays and estuaries thereto, and 
    those portions of the river systems which are subject to the ebb and 
    flow of the tides, and to the intrusion of marine waters.
    Region IX
    
    Arizona (AZR05*###) and Federal Facilities in Arizona (AZR05*##F)
    
        Arizona 401 certification special permit conditions revise the 
    permit as follows:
        1. Part I section B is amended by the addition of the following:
    
    Part I. Coverage Under This Permit
    
    * * * * *
    
    B. Eligibility
    
    * * * * *
    
    8. Compliance with Water Quality Standards of the State of Arizona
    
        Discharges authorized by this permit shall not cause or 
    contribute to a violation of any applicable water quality standard 
    of the State of Arizona (Arizona Administrative Code, Title 18, 
    Chapter 11).
    
        2. The following language is added to Part II section D:
    
    Part II. Notification Requirements
    
    * * * * *
    
    D. Where to Submit
    
        Notices of Intent shall also be submitted to the State of 
    Arizona Department of Environmental Quality at the following 
    address: Storm Water Coordinator, Arizona Department of 
    Environmental Quality, 3033 N. Central Avenue, Phoenix, Arizona 
    85012.
        NOIs submitted to the State of Arizona shall include the well 
    registration number if storm water associated with industrial 
    activity is discharged to a dry well or an injection well.
    
        3. The following language is added to Part IV section E.2:
    
    Part IV. Storm Water Pollution Prevention Plans
    
    * * * * *
    
    E. Special Pollution Prevention Plan Requirements
    
    * * * * *
    
    2. Additional Requirements for Storm Water Discharges Associated With 
    Industrial Activity From Facilities Subject to EPCRA Section 313 
    Requirements
    
    * * * * *
        e. SARA Section 313 (Community Right to Know) Facilities shall 
    have the following requirement:
        Liquid storage areas for Section 313 water priority chemicals 
    shall be operated to minimize discharges of Section 313 chemicals. 
    Appropriate measures to minimize discharges of Section 313 chemicals 
    shall include secondary containment provided for at least the entire 
    contents of the largest tank plus sufficient freeboard to allow for 
    the 25-year, 24-hour precipitation event, a strong spill contingency 
    and integrity testing plan, and/or other equivalent measures.
    
        4. Part IV. Section E is amended by the addition of the following:
    
    Part IV. Storm Water Pollution Prevention Plans
    
    * * * * *
    
    E. Special Pollution Prevention Plan Requirements
    
    * * * * *
    
    5. Delineation of Facility Areas Below Base Elevation
    
        All facilities with any portion of the facility that is located 
    at or below the Base Elevation shall delineate on the site map those 
    portions of the facility that are located at or below the Base 
    Elevation.
        5. The following language is added to Part VI section B.2:
    
    Part VI. Monitoring and Reporting Requirements
    
    * * * * *
    
    B. Reporting: Where to Submit
    
    * * * * *
        2. Additional Notification. Facilities subject to monitoring and 
    reporting requirements shall also submit Discharge Monitoring Report 
    Form(s) and other required monitoring information to the State of 
    Arizona Department of Environmental Quality at the following 
    address: Storm 
    
    [[Page 51263]]
    Water Coordinator/DMR, Arizona Department of Environmental Quality, 
    3033 N. Central Avenue, Phoenix, Arizona 85012.
    
        6. The following is added to Part IX section B:
    
    Part IX. Termination of Coverage
    
    * * * * *
    
    B. Addresses
    
        Notices of Termination shall also be submitted to the State of 
    Arizona Department of Environmental Quality at the following 
    address: Storm Water Coordinator, Arizona Department of 
    Environmental Quality, 3033 N. Central Avenue, Phoenix, Arizona 
    85012.
    
        7. The following definitions are added to Part X of the permit:
    
     Part X. Definitions
    
        ``Significant Sources of Non-Storm Water''--includes, but is not 
    limited to discharges which could cause or contribute to violations 
    of water quality standards of the State of Arizona, and discharges 
    which could include releases of oil or hazardous substances in 
    excess of reportable quantities under Section 311 of the Clean Water 
    Act (see 40 CFR 110.10 and CFR 117.21) or Section 102 of CERCLA (see 
    CFR 302.4).
        ``Base Elevation''--elevation of a surface waterbody having a 
    one percent chance of being equaled or exceeded during any given 
    year.
    Region X
    
    F. Washington (WAR05*###)
    
        Washington 401 certification special permit conditions revise the 
    permit as follows:
        1. Part I section B is amended by the addition of the following:
    
    Part I. Coverage Under This Permit
    
    * * * * *
    
    B. Eligibility
    
    * * * * *
    
    8. Compliance with Washington Water Quality and Sediment Standards
    
        Discharges authorized by this permit shall not cause or 
    contribute to a violation of any applicable water quality standard 
    of the State of Washington, specifically Chapter 173-201A WAC 
    Surface Water Quality Standards, Chapter 173-204 WAC Sediment 
    Standards, and the National Toxics Rule for human health related to 
    water quality standards.
    
    Addendum A--Pollutants Identified in Tables II and III of Appendix D of 
    40 CFR Part 122
    
    Table II.--Organic Toxic Pollutants in Each of Four Fractions in 
    Analysis by Gas Chromatography/Mass Spectroscopy (GS/MS)
    
    Volatiles
    
    1V acrolein
    2V acrylonitrile
    3V benzene
    5V bromoform
    6V carbon tetrachloride
    7V chlorobenzene
    8V chlorodibromomethane
    9V chloroethane
    10V 2-chloroethylvinyl ether
    11V chloroform
    12V dichlorobromomethane
    14V 1,1-dichloroethane
    15V 1,2-dichloroethane
    16V 1,1-dichloroethylene
    17V 1,2-dichloropropane
    18V 1,3-dichloropropylene
    19V ethylbenzene
    20V methyl bromide
    21V methyl chloride
    22V methylene chloride
    23V 1,1,2,2-tetrachloroethane
    24V tetrachloroethylene
    25V toluene
    26V 1,2-trans-dichloroethylene
    27V 1,1,1-trichloroethane
    28V 1,1,2-trichloroethane
    29V trichloroethylene
    31V vinyl chloride
    
    Acid Compounds
    
    1A 2-chlorophenol
    2A 2,4-dichlorophenol
    3A 2,4-dimethylphenol
    4A 4,6-dinitro-o-cresol
    5A 2,4-dinitrophenol
    6A 2-nitrophenol
    7A 4-nitrophenol
    8A p-chloro-m-cresol
    9A pentachlorophenol
    10A phenol
    11A 2,4,6-trichlorophenol
    
    Base/Neutral
    
    1B acenaphthene
    2B acenaphthylene
    3B anthracene
    4B benzidine
    5B benzo(a)anthracene
    6B benzo(a)pyrene
    7B 3,4-benzofluoranthene
    8B benzo(ghi)perylene
    9B benzo(k)fluoranthene
    10B bis(2-chloroethoxy)methane
    11B bis(2-chloroethyl)ether
    12B bis(2-chloroisopropyl)ether
    13B bis (2-ethylhexyl)phthalate
    14B 4-bromophenyl phenyl ether
    15B butylbenzyl phthalate
    16B 2-chloronaphthalene
    17B 4-chlorophenyl phenyl ether
    18B chrysene
    19B dibenzo(a,h)anthracene
    20B 1,2-dichlorobenzene
    21B 1,3-dichlorobenzene
    22B 1,4-dichlorobenzene
    23B 3,3'-dichlorobenzidine
    24B diethyl phthalate
    25B dimethyl phthalate
    26B di-n-butyl phthalate
    27B 2,4-dinitrotoluene
    28B 2,6-dinitrotoluene
    29B di-n-octyl phthalate
    30B 1,2-diphenylhydrazine (as azobenzene)
    31B fluroranthene
    32B fluorene
    33B hexachlorobenzene
    34B hexachlorobutadiene
    35B hexachlorocyclopentadiene
    36B hexachloroethane
    37B indeno(1,2,3-cd)pyrene
    38B isophorone
    39B napthalene
    40B nitrobenzene
    41B N-nitrosodimethylamine
    42B N-nitrosodi-n-propylamine
    43B N-nitrosodiphenylamine
    44B phenanthrene
    45B pyrene
    46B 1,2,4-trichlorobenzene
    
    Pesticides
    
    1P aldrin
    2P alpha-BHC
    3P beta-BHC
    4P gamma-BHC
    5P delta-BHC
    6P chlordane
    7P 4,4'-DDT
    8P 4,4'-DDE
    9P 4,4'-DDD
    10P dieldrin
    11P alpha-endosulfan
    12P beta-endosulfan
    13P endosulfan sulfate
    14P endrin
    15P endrin aldehyde
    16P heptachlor
    17P heptachlor epoxide
    18P PCB-1242
    19P PCB-1254
    20P PCB-1221
    21P PCB-1232
    22P PCB-1248
    23P PCB-1260
    24P PCB-1016
    25P toxaphene
    
    Table III.--Other Toxic Pollutants (Metals and Cyanide) and Total 
    Phenols
    
    Antimony, Total
    Arsenic, Total
    Beryllium, Total
    Cadmium, Total
    Chromium, Total
    Copper, Total
    Lead, Total
    Mercury, Total
    Nickel, Total
    Selenium, Total
    Silver, Total
    Thallium, Total
    Zinc, Total
    Cyanide, Total
    Phenols, Total
    
    Table V.--Toxic Pollutants and Hazardous Substances Required To Be 
    Identified by Existing Dischargers if Expected To Be Present
    
    Toxic Pollutants
    
    Asbestos
    
    Hazardous Substances
    
    Acetaldehyde
    Allyl alcohol
    Allyl chloride
    Amyl acetate
    Aniline
    Benzonitrile
    Benzyl chloride
    Butyl acetate
    Butylamine
    Captan
    Carbaryl
    Carbofuran
    Carbon disulfide
    Chlorpyrifos
    
    [[Page 51264]]
    
    Coumaphos
    Cresol
    Crotonaldehyde
    Cyclohexane
    2,4-D (2,4-Dichlorophenoxy acetic acid)
    Diazinon
    Dicamba
    Dichlobenil
    Dichlone
    2,2-Dichloropropionic acid
    Dichlorvos
    Diethyl amine
    Dimethyl amine
    Dintrobenzene
    Diquat
    Disulfoton
    Diuron
    Epichlorohydrin
    Ethion
    Ethylene diamine
    Ethylene dibromide
    Formaldehyde
    Furfural
    Guthion
    Isoprene
    Isopropanolamine Dodecylbenzenesulfonate
    Kelthane
    Kepone
    Malathion
    Mercaptodimethur
    Methoxychlor
    Methyl mercaptan
    Methyl methacrylate
    Methyl parathion
    Mevinphos
    Mexacarbate
    Monoethyl amine
    Monomethyl amine
    Naled
    Napthenic acid
    Nitrotoluene
    Parathion
    Phenosulfanate
    Phosgene
    Propargite
    Propylene oxide
    Pyrethrins
    Quinoline
    Resorcinol
    Strontium
    Strychnine
    Styrene
    2,4,5-T (2,4,5-Trichlorophenoxy acetic acid)
    TDE (Tetrachlorodiphenylethane)
    2,4,5-TP [2-(2,4,5-Trichlorophenoxy) propanoic acid]
    Trichlorofan
    Triethanolamine dodecylbenzenesulfonate
    Triethylamine
    Trimethylamine
    Uranium
    Vanadium
    Vinyl acetate
    Xylene
    Xylenol
    Zirconium
    
    BILLING CODE 6560-50-P
    
    [[Page 51265]]
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    [[Page 51266]]
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    [[Page 51267]]
    [GRAPHIC][TIFF OMITTED]TN29SE95.002
    
    
    
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    BILLING CODE 6560-50-C
    
                                                                            
    
    [[Page 51269]]
           Addendum D.--Partial List of Large, Medium, and Designated       
                                 Municipalities                             
                              [Incorporated Places]                         
    ------------------------------------------------------------------------
                        State                             Place name        
    ------------------------------------------------------------------------
    Alaska......................................  Anchorage city.*          
    Alabama.....................................  Adamsville city.          
                                                  Alabaster city.           
                                                  Bessemer city.            
                                                  Birmingham city.*         
                                                  Brighton city.            
                                                  Brookside town.           
                                                  Chickasaw city.           
                                                  Creola city.              
                                                  Daphne city.              
                                                  Fairfield city.           
                                                  Fairhope city.            
                                                  Fultondale city.          
                                                  Gardendale city.          
                                                  Graysville city.          
                                                  Helena city.              
                                                  Homewood city.            
                                                  Hoover city.              
                                                  Hueytown city.            
                                                  Huntsville city.*         
                                                  Indian Springs.           
                                                  Irondale city.            
                                                  Leeds city.               
                                                  Lipscomb city.            
                                                  Madison city.             
                                                  Maytown town.             
                                                  Midfield city.            
                                                  Mobile city.*             
                                                  Montgomery city.*         
                                                  Moody town.               
                                                  Mountain Brook city.      
                                                  Mulga town.               
                                                  Pelham city.              
                                                  Pleasant Grove city.      
                                                  Prichard city.            
                                                  Saraland city.            
                                                  Satsuma city.             
                                                  Tarrant city.             
                                                  Trussville city.          
                                                  Vestavia Hills city.      
    Arkansas....................................  Little Rock city.*        
    Arizona.....................................  Glendale city.    
                                                  Mesa city.*               
                                                  Phoenix city.*            
                                                  Scottsdale city.  
                                                  Tempe city.*              
                                                  Tucson city.*             
    California..................................  Agoura Hills city.        
                                                  Alameda city.             
                                                  Albany city.              
                                                  Alhambra city.            
                                                  Anaheim city.*            
                                                  Arcadia city.             
                                                  Artesia city.             
                                                  Atherton town.            
                                                  Azusa city.               
                                                  Bakersfield city.*        
                                                  Baldwin Park city.        
                                                  Bell city.                
                                                  Bellflower city.          
                                                  Bell Gardens city.        
                                                  Belmont city.             
                                                  Berkeley city.*           
                                                  Beverly Hills city.       
                                                  Big Bear Lake city.       
                                                  Bradbury city.            
                                                  Brentwood city.           
                                                  Brisbane city.            
                                                  Burbank city.             
                                                  Burlingame city.          
                                                  Camarillo city.           
                                                  Campbell city.            
                                                  Carlsbad city.            
                                                  Carson city.              
                                                  Cerritos city.            
                                                  Chula Vista city.         
                                                  Claremont city.           
                                                  Clayton city.             
                                                  Colma town.               
                                                  Commerce city.            
                                                  Compton city.             
                                                  Concord city.             
                                                  Contra Costa county (15   
                                                   cities).                 
                                                  Coronado city.            
                                                  Covina city.              
                                                  Cudahy city.              
                                                  Culver City city.         
                                                  Cupertino city.           
                                                  Daly City city.           
                                                  Del Mar city.             
                                                  Diamond Bar city.         
                                                  Downey city.              
                                                  Duarte city.              
                                                  Dublin city.              
                                                  East Palo Alto city.      
                                                  El Cajon city.            
                                                  El Monte city.            
                                                  El Segundo city.          
                                                  Emeryville city.          
                                                  Encinitas city.           
                                                  Escondido city.           
                                                  Fairfield city.           
                                                  Fillmore city.            
                                                  Folsom city.              
                                                  Foster City city.         
                                                  Fremont city.*            
                                                  Fresno city.*             
                                                  Fullerton city.*          
                                                  Galt city.                
                                                  Gardena city.             
                                                  Garden Grove city.*       
                                                  Gilroy city.              
                                                  Glendale city.*           
                                                  Glendora city.            
                                                  Half Moon Bay city.       
                                                  Hawaiian Gardens city.    
                                                  Hawthorne city.           
                                                  Hayward city.     
                                                  Hermosa Beach city.       
                                                  Hidden Hills city.        
                                                  Hillsborough town.        
                                                  Huntington Beach city.*   
                                                  Huntington Park city.     
                                                  Imperial Beach city.      
                                                  Industry city.            
                                                  Inglewood city.   
                                                  Irvine city.      
                                                  Irwindale city.           
                                                   La Canada Flintridge     
                                                   city.                    
                                                  Laguna Beach city.        
                                                  Lake Tahoe Basin          
                                                    (1 city)                
                                                  Lakewood city.            
                                                  La Mesa city.             
                                                  La Mirada city.           
                                                  La Palma city.            
                                                  La Puente city.           
                                                  La Verne city.            
                                                  Lawndale city.            
                                                  Lemon Grove city.         
                                                  Livermore city.           
                                                  Lomita city.              
                                                  Long Beach city.*         
                                                  Los Alamitos city.        
                                                  Los Altos city.           
                                                  Los Altos Hills town.     
                                                  Los Angeles city.*        
                                                  Los Gatos town.           
                                                  Lynwood city.             
                                                  Manhattan Beach city.     
                                                  Maywood city.             
                                                  Menlo Park city.          
                                                  Millbrae city.            
                                                  Milpitas city.            
                                                  Modesto city.*            
                                                  Monrovia city.            
                                                  Montebello city.          
                                                  Monterey Park city.       
                                                  Monte Sereno city.        
                                                  Moorpark city.            
                                                  Moreno Valley             
                                                   city.            
                                                  Mountain View city.       
                                                  National City city.       
                                                  Newark city.              
                                                  Norwalk city.             
                                                  Oakland city.*            
                                                  Oceanside city.   
                                                  Ojai city.                
                                                  Ontario city.     
                                                  Orange city.      
                                                  Orange county             
                                                    (17 cities).            
                                                  Oxnard city.*             
                                                  Pacifica city.            
                                                  Palo Alto city.           
                                                  Palos Verdes Estates city.
                                                  Paramount city.           
                                                  Pasadena city.*           
                                                  Pico Rivera city.         
                                                  Piedmont city.            
                                                  Pleasanton city.          
                                                  Pomona city.      
                                                  Port Hueneme city.        
                                                  Poway city.               
                                                  Rancho Cucamonga          
                                                   city.            
                                                  Rancho Palos Verdes city. 
                                                  Redondo Beach city.       
                                                  Redwood City city.        
                                                  Riverside city.*          
                                                  Riverside county          
                                                    (10 cities).            
                                                  Rolling Hills city.       
                                                  Rolling Hills Estates     
                                                   city.                    
                                                  Rosemead city.            
                                                  Sacramento city.*         
                                                  Salinas city.     
    
    [[Page 51270]]
                                                                            
                                                  San Bernardino city.*     
                                                  San Bernardino            
                                                    county (13 cities).     
                                                  San Bruno city.           
                                                  San Carlos city.          
                                                  San Diego city.*          
                                                  San Dimas city.           
                                                  San Fernando city.        
                                                  San Gabriel city.         
                                                  San Jose city.*           
                                                  San Leandro city.         
                                                  San Marcos city.          
                                                  San Marino city.          
                                                  San Mateo city.           
                                                  Santa Ana city.*          
                                                  Santa Clara.              
                                                  Santa Clarita             
                                                   city.            
                                                  Santa Fe Springs city.    
                                                  Santa Monica city.        
                                                  Santa Paula city.         
                                                  Santa Rosa city.  
                                                  Santee city.              
                                                  Saratoga city.            
                                                  Seal Beach city.          
                                                  Sierra Madre city.        
                                                  Signal Hill city.         
                                                  Simi Valley city. 
                                                  Solana Beach city.        
                                                  South El Monte city.      
                                                  South Gate city.          
                                                  South Pasadena city.      
                                                  South San Francisco city. 
                                                  Stockton city.*           
                                                  Suisun City city.         
                                                  Sunnyvale city.*          
                                                  Temple City city.         
                                                  Thousand Oaks             
                                                   city.            
                                                  Torrance city.*           
                                                  Union City city.          
                                                  Vallejo city.     
                                                  Vernon city.              
                                                  Vista city.               
                                                  Walnut city.              
                                                  West Covina city.         
                                                  West Hollywood city.      
                                                  Westlake Village city.    
                                                  Whittier city.            
                                                  Woodside town.            
    Colorado....................................  Aurora city.*             
                                                  Colorado Springs city.*   
                                                  Denver city.*             
                                                  Englewood city.           
                                                  Lakewood city.*           
                                                  Pueblo city.              
    Connecticut.................................  Stamford city.*           
    District of Columbia........................  Washington city.*         
    Delaware....................................  Arden village.            
                                                  Ardencroft village.       
                                                  Ardentown village.        
                                                  Bellefonte town.          
                                                  Delaware City city.       
                                                  Elsmere town.             
                                                  Middletown town.          
                                                  Newark city.              
                                                  New Castle city.          
                                                  Newport town.             
                                                  Odessa town.              
                                                  Townsend town.            
                                                  Wilmington city.          
    Florida.....................................  Apopka city.              
                                                  Atlantic Beach city.      
                                                  Atlantis city.            
                                                  Auburndale city.          
                                                  Bal Harbour village.      
                                                  Bartow city.              
                                                  Bay Harbor Islands town.  
                                                  Bay Lake city.            
                                                  Belleair town.            
                                                  Belleair Beach city.      
                                                  Belleair Bluffs city.     
                                                  Belle Glade city.         
                                                  Belle Isle city.          
                                                  Boca Raton city.          
                                                  Boynton Beach city.       
                                                  Briny Breezes town.       
                                                  Century town.             
                                                  Clearwater city.          
                                                  Cloud Lake town.          
                                                  Coconut Creek city.       
                                                  Cooper City city.         
                                                  Coral Gables city.        
                                                  Coral Springs city.       
                                                  Dania city.               
                                                  Davenport city.           
                                                  Davie town.               
                                                  Deerfield Beach city.     
                                                  Delray Beach city.        
                                                  Dundee town.              
                                                  Dunedin city.             
                                                  Eagle Lake city.          
                                                  Eatonville town.          
                                                  Edgewood city.            
                                                  Fort Lauderdale city.*    
                                                  Fort Meade city.          
    Florida.....................................  Frostproof city           
                                                  Glen Ridge town.          
                                                  Golden Beach town.        
                                                  Golf village.             
                                                  Golfview town.            
                                                  Greenacres City city.     
                                                  Gulfport city.            
                                                  Gulf Stream town.         
                                                  Haines City city.         
                                                  Hallandale city.          
                                                  Haverhill town.           
                                                  Hialeah city.*            
                                                  Hialeah Gardens city.     
                                                  Highland Beach town.      
                                                  Highland Park village.    
                                                  Hillcrest Heights town.   
                                                  Hollywood city.*          
                                                  Homestead city.           
                                                  Hypoluxo town.            
                                                  Indian Creek village.     
                                                  Indian Rocks Beach city.  
                                                  Jacksonville Beach city.  
                                                  Jacksonville city.*       
                                                  Juno Beach town.          
                                                  Jupiter town.             
                                                  Jupiter Inlet Colony town.
                                                  Key Biscayne village.     
                                                  Kenneth City town.        
                                                  Lake Alfred city.         
                                                  Lake Buena Vista city.    
                                                  Lake Clarke Shores town.  
                                                  Lake Hamilton town.       
                                                  Lakeland city.            
                                                  Lake Park town.           
                                                  Lake Wales city.          
                                                  Lake Worth city.          
                                                  Lantana town.             
                                                  Largo city.               
                                                  Lauderdale-by-the-Sea     
                                                   town.                    
                                                  Lauderdale Lakes city.    
                                                  Lauderhill city.          
                                                  Lighthouse Point city.    
                                                  Longboat Key town.        
                                                  Madeira Beach city.       
                                                  Maitland city.            
                                                  Manalapan town.           
                                                  Mangonia Park town.       
                                                  Margate city.             
                                                  Medley town.              
                                                  Miami city.*              
                                                  Miami Beach city.         
                                                  Miami Shores village.     
                                                  Miami Springs city.       
                                                  Miramar city.             
                                                  Mulberry city.            
                                                  Neptune Beach city.       
                                                  North Bay Village city.   
                                                  North Lauderdale city.    
                                                  North Miami city.         
                                                  North Miami Beach city.   
                                                  North Palm Beach village. 
                                                  North Port city.          
                                                  North Redington Beach     
                                                   town.                    
                                                  Oakland Park city.        
                                                  Ocean Ridge town.         
                                                  Ocoee city.               
                                                  Oldsmar city.             
                                                  Opa-locka city.           
                                                  Orlando city.*            
                                                  Pahokee city.             
                                                  Palm Beach town.          
                                                  Palm Beach Gardens city.  
                                                  Palm Beach Shores town.   
                                                  Palm Springs village.     
                                                  Parkland city.            
                                                  Pembroke Park town.       
                                                  Pembroke Pines city.      
                                                  Pennsuee                  
                                                  Pensacola city.           
                                                  Pinellas Park city.       
                                                  Plantation city.          
                                                  Plant City city.          
                                                  Polk City town.           
                                                  Pompano Beach city.       
                                                  Redington Beach town.     
    
    [[Page 51271]]
                                                                            
                                                  Redington Shores town.    
                                                  Riviera Beach city.       
                                                  Royal Palm Beach village. 
                                                  Safety Harbor city.       
                                                  St. Petersburg Beach city.
                                                  St. Petersburg city.*     
                                                  Sarasota city.            
                                                  Sea Ranch Lakes village.  
                                                  Seminole city.            
                                                  South Bay city.           
                                                  South Miami city.         
                                                  South Palm Beach town.    
                                                  South Pasadena city.      
                                                  Sunrise city.             
                                                  Surfside town.            
                                                  Sweetwater city.          
                                                  Tallahassee city. 
                                                  Tamarac city.             
                                                  Tampa city.*              
                                                  Tarpon Springs city.      
                                                  Temple Terrace city.      
                                                  Tequesta village.         
                                                  Treasure Island city.     
                                                  Venice city.              
                                                  West Miami city.          
                                                  West Palm Beach city.     
                                                  Wilton Manors city.       
                                                  Winter Garden city.       
                                                  Winter Haven city.        
                                                  Winter Park city.         
    Georgia.....................................  Acworth city.             
                                                  Alpharetta city.          
                                                  Atlanta city.*            
                                                  Austell city.             
                                                  Bloomingdale city.        
                                                  Buford city.              
                                                  Chamblee city.            
                                                  Clarkston city.           
                                                  College Park city.        
                                                  Columbus city.*           
                                                  Decatur city.             
                                                  Doraville city.           
                                                  Duluth city.              
                                                  East Point city.          
                                                  Fairburn city.            
                                                  Forest Park city.         
                                                  Garden City city.         
                                                  Hapeville city.           
                                                  Jonesboro city.           
                                                  Kennesaw city.            
                                                  Lawrenceville city.       
                                                  Lilburn city.             
                                                  Lithonia city.            
                                                  Macon city.*              
                                                  Marietta city.            
                                                  Morrow city.              
                                                  Norcross city.            
                                                  Palmetto city.            
                                                  Payne city.               
                                                  Pooler city.              
                                                  Powder Springs city.      
                                                  Riverdale city.           
                                                  Roswell city.             
                                                  Savannah city.*           
                                                  Smyrna city.              
                                                  Snellville city           
                                                  Stone Mountain city.      
                                                  Sugar Hill city.          
                                                  Suwanee city.             
                                                  Thunderbolt town.         
                                                  Union City city.          
    Iowa........................................  Cedar Rapids city.*       
                                                  Davenport city.           
                                                  Des Moines city.*         
    Idaho.......................................  Boise City city.*         
                                                  Garden City city.         
    Illinois....................................  Rockford city.*           
                                                  Springfield city. 
    Indiana.....................................  Fort Wayne city.*         
                                                  Indianapolis city.*       
    Kansas......................................  Kansas City city.*        
                                                  Overland Park             
                                                   city.            
                                                  Topeka city.*             
                                                  Wichita city.*            
    Kentucky....................................  Lexington-Fayette.*       
                                                  Louisville city.*         
    Louisiana...................................  Baton Rouge city.*        
                                                  New Orleans city.*        
                                                  Shreveport city.*         
    Massachusetts...............................  Boston city.*             
                                                  Worcester city.*          
    Maryland....................................  Baltimore city.*          
    Michigan....................................  Ann Arbor city.*          
                                                  Flint city.*              
                                                  Grand Rapids city.*       
                                                  Sterling Heights city.*   
                                                  Warren city.*             
    Minnesota...................................  Minneapolis city.*        
                                                  St. Louis Park city.      
                                                  St. Paul city.*           
    Missouri....................................  Independence city.*       
                                                  Kansas City city.*        
                                                  Springfield city.*        
    Mississippi.................................  Jackson city.*            
    Nebraska....................................  Lincoln city.*            
                                                  Omaha city.*              
    New Mexico..................................  Albuquerque city.*        
    Nevada......................................  Henderson city.           
                                                  Las Vegas city.*          
                                                  North Las Vegas city.     
                                                  Reno city.*               
                                                  Sparks city.              
    New York....................................  New York city.*           
                                                  (Bronx Borough).          
                                                  (Brooklyn Borough).       
                                                  (Manhattan Borough).      
                                                  (Queens Borough).         
                                                  (Staten Island Borough).  
    North Carolina..............................  Charlotte city.*          
                                                  Durham city.*             
                                                  Fayetteville city.        
                                                  Greensboro city.*         
                                                  Raleigh city.*            
                                                  Winston-Salem city.*      
    Ohio........................................  Akron city.*              
                                                  Cincinnati city.*         
                                                  Cleveland city.*          
                                                  Columbus city.*           
                                                  Dayton city.*             
                                                  Toledo city.*             
    Oklahoma....................................  Oklahoma City city.*      
                                                  Tulsa city.*              
    Oregon......................................  Banks city.               
                                                  Barlow city.              
                                                  Beaverton city.           
                                                  Canby city.               
                                                  Cornelius city.           
                                                  Durham city.              
                                                  Estacada city.            
                                                  Eugene city.*             
                                                  Fairview city.            
                                                  Forest Grove city.        
                                                  Gaston city.              
                                                  Gladstone city.           
                                                  Gresham city.             
                                                  Happy Valley city.        
                                                  Hillsboro city.           
                                                  Johnson City city.        
                                                  King City city.           
                                                  Lake Oswego city.         
                                                  Milwaukie city.           
                                                  Molalla city.             
                                                  North Plains city.        
                                                  Oregon City city.         
                                                  Portland city.*           
                                                  Rivergrove city.          
                                                  Salem city.       
                                                  Sandy city.               
                                                  Sherwood city.            
                                                  Tigard city               
                                                  Tualatin city.            
                                                  West Linn city.           
                                                  Wilsonville city.         
    Pennsylvania................................  Allentown city.*          
                                                  Philadelphia city.*       
    South Dakota................................  Sioux Falls City.         
    Tennessee...................................  Bartlett town.            
                                                  Belle Meade city.         
                                                  Berry Hill city.          
                                                  Chattanooga city.*        
                                                  Collierville town.        
                                                  East Ridge city.          
                                                  Forest Hills city.        
                                                  Germantown city.          
                                                  Goodlettsville city.      
                                                  Knoxville city.*          
                                                  Lakewood city.            
                                                  Memphis city.*            
                                                  Nashville-Davidson.*      
                                                  Oak Hill city.            
                                                  Red Bank city.            
                                                  Ridgetop town.            
    Texas.......................................  Abilene city.     
                                                  Amarillo city.*           
                                                  Arlington city.*          
                                                  Austin city.*             
                                                  Beaumont city.*           
                                                  Corpus Christi city.*     
                                                  Dallas city.*             
                                                  El Paso city.*            
                                                  Fort Worth city.*         
                                                  Garland city.*            
                                                  Houston city.*            
                                                  Irving city.*             
                                                  Laredo city.      
                                                  Lubbock city.*            
                                                  Mesquite city.    
    
    [[Page 51272]]
                                                                            
                                                  Pasadena city.*           
                                                  Plano city.       
                                                  San Antonio city.*        
                                                  Waco city.*               
    Utah........................................  Salt Lake City city.*     
    Virginia....................................  Chesapeake city.*         
                                                  Hampton city.*            
                                                  Newport News city.*       
                                                  Norfolk city.*            
                                                  Portsmouth city.*         
                                                  Richmond city.*           
                                                  Roanoke city.             
                                                  Virginia Beach city.*     
    Washington..................................  Seattle city.*            
                                                  Tacoma city.*             
    Wisconsin...................................  Madison city.*            
                                                  Milwaukee city.*          
    ------------------------------------------------------------------------
    Note: Unless indicated otherwise, municipalities have been designated.  
                                                                            
    * Identified in November 1990 rule.                                     
     1990 Census population increased to over 100,000.              
    
    
    
          Partial List of Large, Medium, and Designated Municipalities      
                                   [Counties]                               
    ------------------------------------------------------------------------
                        State                               County          
    ------------------------------------------------------------------------
    Alabama.....................................  Baldwin county.\1\        
                                                  Jefferson county.\6\      
                                                  Mobile county.\7\         
                                                  Shelby county.\8\         
                                                  St. Clair county.\9\      
    Arizona.....................................  Pima County.*             
    California..................................  Alameda County.*          
                                                  Contra Costa County.*     
                                                  Kern County.*             
                                                  Lake Tahoe Basin.*        
                                                  (2 counties).             
                                                  Los Angeles County.*      
                                                  Orange County.*           
                                                  Riverside County.*        
                                                  Sacramento County.        
                                                  San Bernardino County.*   
                                                  San Diego County.*        
                                                  San Mateo County.         
                                                  Santa Clara County.       
                                                  Ventura County.           
    Colorado....................................  Arapahoe County.  
    Delaware....................................  New Castle County.*       
    Florida.....................................  Broward County.*          
                                                  Dade County.*             
                                                  Escambia County.*         
                                                  Hillsborough County.*     
                                                  Lee County.       
                                                  Manatee County.   
                                                  Orange County.*           
                                                  Palm Beach County.*       
                                                  Pasco County.     
                                                  Pinellas County.*         
                                                  Polk County.*             
                                                  Sarasota County.*         
                                                  Seminole County.  
    Georgia.....................................  Bibb County.              
                                                  Chatham County.           
                                                  Clayton County.*          
                                                  Cobb County.*             
                                                  DeKalb County.*           
                                                  Fulton County.    
                                                  Gwinnett County.  
                                                  Muscogee County.          
                                                  Richmond County.*         
    Hawaii......................................  Honolulu County.*         
    Kentucky....................................  Jefferson County.         
    Louisiana...................................  East Baton Rouge          
                                                   Parish.          
                                                  Jefferson Parish.*        
    Maryland....................................  Anne Arundel County.*     
                                                  Baltimore County.*        
                                                  Carroll County.           
                                                  Charles County.           
                                                  Frederick County.         
                                                  Harford County.           
                                                  Howard County.    
                                                  Montgomery County.*       
                                                  Prince George's County.*  
                                                  Washington County.        
    North Carolina..............................  Cumberland County.*       
    Nevada......................................  Clark County.*            
                                                  Washoe County.            
    Oregon......................................  Clackamas County.         
                                                  Multnomah County.         
                                                  Washington County.*       
    South Carolina..............................  Greenville County.*       
                                                  Richland County.*         
    Texas.......................................  Harris County.*           
    Utah........................................  Salt Lake County.*        
    Virginia....................................  Arlington County.*        
                                                  Chesterfield County.*     
                                                  Fairfax County.*          
                                                  Henrico County.*          
                                                  Prince William            
                                                   County.          
    Washington..................................  Clark County.     
                                                  King County.*             
                                                  Pierce County.*           
                                                  Snohomish County.*        
                                                  Spokane County.   
    ------------------------------------------------------------------------
    \6\ County was listed in regulation; however, population dropped below  
      100,000 in 1990 census.                                               
    \7\ Unincorporated areas defined as: beginning at the mouth of the South
      Fork Deer River and extending west to SW corner Section 18, Township 6
      South, Range 2 West, thence north to NW corner, Section 6, Township 2 
      South, Range 2 West, thence east to the Mobile County line, thence    
      south along the county line to U.S. Highway 90 bridge.                
    \8\ All unincorporated areas of Shelby County within the drainage basin 
      of the Cahaba River upstream of the confluence of Shoal Creek and the 
      Cahaba River.                                                         
    \9\ Unincorporated areas of St. Clair County within the drainage basin  
      of the Cahaba River.                                                  
    *  Identified in November 1990 rule.                                    
      1990 Census unincorporated, urbanized population increased to 
      more than 100,000.                                                    
    
    
             Partial List of Large, Medium, and Designated Municipalities [Boundaries Not Defined by Census]        
    ----------------------------------------------------------------------------------------------------------------
                      State                                    Municipal separate storm sewer system                
    ----------------------------------------------------------------------------------------------------------------
    Alaska..................................  DOT.1                                                                 
                                              University of Alaska.                                                 
    Alabama.................................  Highway Department.                                                   
    Arizona.................................  DOT.                                                                  
    California..............................  Alameda County Flood Control District.                                
                                              Zone 7 of the Alameda County.                                         
                                              Flood Control District.                                               
                                              DOT.                                                                  
                                              Coachella Valley Area.                                                
                                              Contra Costa County Flood Control District.                           
                                              Orange County Flood Control District.                                 
                                              Riverside Flood Control District.                                     
                                              San Bernardino Flood Control District.                                
                                              San Diego Unified Port District.                                      
                                              Santa Clara Valley Water District.                                    
    Colorado................................  DOT.                                                                  
                                              Highway Department.                                                   
    Delaware................................  DOT.                                                                  
    Florida.................................  DOT.                                                                  
    
    [[Page 51273]]
                                                                                                                    
                                              Urban Water Control Districts.                                        
    Hawaii..................................  DOT.                                                                  
    Idaho...................................  DOT.                                                                  
    Illinois................................  DOT.                                                                  
    Indiana.................................  DOT.                                                                  
    Kansas..................................  Fairfax Drainage District.                                            
                                              Kaw Valley Drainage District.                                         
    Louisiana...............................  DOT.                                                                  
    Maryland................................  State Highway Administration.                                         
    Michigan................................  University of Michigan.                                               
                                              DOT.                                                                  
    Minnesota...............................  DOT.                                                                  
    North Carolina..........................  DOT.                                                                  
    Nevada..................................  Clark County Flood Control District.                                  
                                              DOT.                                                                  
    New Mexico..............................  Albuquerque Metropolitan Flood Control Authority.                     
                                              DOT.                                                                  
    Ohio....................................  DOT.                                                                  
    Oklahoma................................  DOT.                                                                  
    Oregon..................................  DOT.                                                                  
                                              Port of Portland.                                                     
    Pennsylvania............................  DOT.                                                                  
    South Carolina..........................  Harbor of Charleston.                                                 
    Tennessee...............................  DOT.                                                                  
    Texas...................................  Harris County Flood Control District.                                 
                                              DOT.                                                                  
    Utah....................................  DOT.                                                                  
    Wisconsin...............................  DOT.                                                                  
                                              University of Wisconsin.                                              
    ----------------------------------------------------------------------------------------------------------------
    1 Department of Transportation.                                                                                 
    
    
    
    Addendum E--Basic Format for Environmental Assessment
    
        This is the basic format for the Environmental Assessment prepared 
    by EPA from the review of the applicant's Environmental Information 
    Document (EID) required for new source NPDES permits. Comprehensive 
    information should be provided for those items or issues that are 
    affected; the greater the impact, the more detailed information needed. 
    The EID should contain a brief statement addressing each item listed 
    below, even if the item is not applicable. The statement should at 
    least explain why the item is not applicable.
    
    A. General Information
        1. Name of applicant
        2. Type of facility
        3. Location of facility
        4. Product manufactured
    B. Description Summaries
        1. Describe the proposed facility and construction activity
        2. Describe all ancillary construction not directly involved with 
    the production processes
        3. Describe briefly the manufacturing processes and procedures
        4. Describe the plant site, its history, and the general area
    C. Environmental Concerns
        1. Historical and Archeological (include a statement from the State 
    Historical Preservation Officer)
        2. Wetlands Protection and 100-year Floodplain Management (the Army 
    Corps of Engineers must be contacted if any wetland area of floodplain 
    is affected)
        3. Agricultural Lands (a prime farmland statement from the Soil 
    Conservation Service must be included
        4. Coastal Zone Management and Wild and Scenic Rivers
        5. Endangered Species Protection and Fish and Wildlife Protection 
    (a statement from the U.S. Fish and Wildlife Service must be included)
        6. Air, Water, and Land Issues: quality, effects, usage levels, 
    municipal services used, discharges and emissions, runoff and 
    wastewater control, geology and soils involved, land-use compatibility, 
    solid and hazardous waste disposal, natural and man-made hazards 
    involved.
        7. Biota concerns: floral, faunal, aquatic resources, inventories, 
    and effects
        8. Community Infrastructures available and resulting effects: 
    social, economic, health, safety, educational, recreational, housing, 
    transportation, and road resources
    
    Basic Environmental Information Document Guidelines for New Source 
    Category Industries
    
    I. General Information
        A. Name of Applicant and Proposed Facility:
    -----------------------------------------------------------------------
    
    -----------------------------------------------------------------------
    
    -----------------------------------------------------------------------
    
    -----------------------------------------------------------------------
        B. Description of Site and Location:
    -----------------------------------------------------------------------
    
    -----------------------------------------------------------------------
    
    -----------------------------------------------------------------------
    
    -----------------------------------------------------------------------
    
    -----------------------------------------------------------------------
    
    -----------------------------------------------------------------------
    
    -----------------------------------------------------------------------
    
    -----------------------------------------------------------------------
    
    -----------------------------------------------------------------------
        C. Description of Project, Product, and Process:
    -----------------------------------------------------------------------
    
    -----------------------------------------------------------------------
    
    -----------------------------------------------------------------------
    
    -----------------------------------------------------------------------
    
    -----------------------------------------------------------------------
    
    -----------------------------------------------------------------------
    
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    [[Page 51274]]
                                    Addendum F--Section 313 Water Priority Chemicals                                
    ----------------------------------------------------------------------------------------------------------------
                 CAS No.                                                Common name                                 
    ----------------------------------------------------------------------------------------------------------------
    75-07-0..........................  Acetaldehyde.                                                                
    107-02-8.........................  Acrolein.                                                                    
    107-13-1.........................  Acrylonitrile.                                                               
    309-00-2.........................  Aldrin[1,4:5,8-Dimethanonaphthalene, 1, 2, 3, 4, 10, 10-hexachloro-1, 4, 4a, 
                                        5, 8, 8a hexahydro-(1.alpha., 4.alpha., 4a.beta., 5.alpha., 8.alpha.,       
                                        8a.beta.)-].                                                                
    107-05-1.........................  Allyl Chloride.                                                              
    7429-90-5........................  Aluminum (fume or dust).                                                     
    7664-41-7........................  Ammonia.                                                                     
    62-53-3..........................  Aniline.                                                                     
    120-12-7.........................  Anthracene.                                                                  
    7440-36-0........................  Antimony.                                                                    
    7647189..........................  Antimony pentachloride.                                                      
    28300745.........................  Antimony potassium tartrate.                                                 
    7789619..........................  Antimony tribromide.                                                         
    10025919.........................  Antimony trichloride.                                                        
    7783564..........................  Antimony trifluoride.                                                        
    1309644..........................  Antimony trioxide.                                                           
    7440-38-2........................  Arsenic.                                                                     
    1303328..........................  Arsenic disulfide.                                                           
    1303282..........................  Arsenic pentoxide.                                                           
    7784341..........................  Arsenic trichloride.                                                         
    1327533..........................  Arsenic trioxide.                                                            
    1303339..........................  Arsenic trisulfide.                                                          
    1332-21-4........................  Asbestos (friable).                                                          
    542621...........................  Barium cyanide.                                                              
    71-43-2..........................  Benzene.                                                                     
    92-87-5..........................  Benzidine.                                                                   
    100470...........................  Benzonitrile.                                                                
    218019...........................  Benzo(a)phenanthrene.                                                        
    50328............................  Benzo(a)pyrene.                                                              
    205992...........................  Benzo(b)fluoranthene.                                                        
    205823...........................  Benzo(j)fluoranthene.                                                        
    207089...........................  Benzo(k)fluoranthene.                                                        
    189559...........................  Benzo(rst)pentaphene.                                                        
    56553............................  Benzo(a)anthracene.                                                          
    100-44-7.........................  Benzyl chloride.                                                             
    7440-41-7........................  Beryllium.                                                                   
    7787475..........................  Beryllium chloride.                                                          
    7787497..........................  Beryllium fluoride.                                                          
    7787555..........................  Beryllium nitrate.                                                           
    111-44-4.........................  Bis(2-chloroethyl) ether.                                                    
    75-25-2..........................  Bromoform.                                                                   
    74-83-9..........................  Bromomethane (Methyl bromide).                                               
    85-68-7..........................  Butyl benzyl phthalate.                                                      
    7440-43-9........................  Cadmium.                                                                     
    543908...........................  Cadmium acetate.                                                             
    7789426..........................  Cadmium bromide.                                                             
    10108642.........................  Cadmium chloride.                                                            
    7778441..........................  Calcium arsenate.                                                            
    52740166.........................  Calcium arsenite.                                                            
    13765190.........................  Calcium chromate.                                                            
    592018...........................  Calcium cyanide.                                                             
    133-06-2.........................  Captan [1H-Isoindole-1,3(2H)-dione,3a,4,7,7a-tetrahydro-2-                   
                                        [(trichloromethyl)thio]-].                                                  
    63-25-2..........................  Carbaryl [1-Naphthalenol, methylcarbamate].                                  
    75-15-0..........................  Carbon disulfide.                                                            
    1563662..........................  Carbofuran.                                                                  
    56-23-5..........................  Carbon tetrachloride.                                                        
    57-74-9..........................  Chlordane [4,7-Methanoindan,1,2,4,5,6,7,8,8- octachloro-2,3,3a,4,7,7a-       
                                        hexahydro-].                                                                
    7782-50-5........................  Chlorine.                                                                    
    59-50-7..........................  4-Chloro 3-methyl phenol.                                                    
                                       p-Chloro-m-cresol.                                                           
    108-90-7.........................  Chlorobenzene.                                                               
    75-00-3..........................  Chloroethane (Ethyl chloride).                                               
    67-66-3..........................  Chloroform.                                                                  
    74-87-3..........................  Chloromethane (Methyl chloride).                                             
    95-57-8..........................  2-Chlorophenol.                                                              
    106-48-9.........................  4-Chlorophenol.                                                              
    75729............................  Chlorotrifluoromethane.                                                      
    1066304..........................  Chromic acetate.                                                             
    11115745.........................  Chromic acid.                                                                
    10101538.........................  Chromic sulfate.                                                             
    7440-47-3........................  Chromium.                                                                    
    
    [[Page 51275]]
                                                                                                                    
    1308-14-1........................  Chromium (Tri).                                                              
    10049055.........................  Chromous chloride.                                                           
    7789437..........................  Cobaltous bromide.                                                           
    544183...........................  Cobaltous formate.                                                           
    14017415.........................  Cobaltous sulfamate.                                                         
    7440-50-8........................  Copper.                                                                      
    108-39-4.........................  m-Cresol.                                                                    
    9548-7...........................  o-Cresol.                                                                    
    106-44-5.........................  p-Cresol.                                                                    
    4170303..........................  Crotonaldehyde.                                                              
    1319-77-3........................  Cresol (mixed isomers).                                                      
    142712...........................  Cupric acetate.                                                              
    12002038.........................  Cupric acetoarsenite.                                                        
    7447394..........................  Cupric chloride.                                                             
    3251238..........................  Cupric nitrate.                                                              
    5893663..........................  Cupric oxalate.                                                              
    7758987..........................  Cupric sulfate.                                                              
    10380297.........................  Cupric sulfate, ammoniated.                                                  
    815827...........................  Cupric tartrate.                                                             
    57-12-5..........................  Cyanide.                                                                     
    506774...........................  Cyanogen chloride.                                                           
    333415...........................  Diazinon.                                                                    
    94-75-7..........................  2,4-D [Acetic acid, (2,4-dichlorophenoxy)-].                                 
    226368...........................  Dibenz(a,h)acridine.                                                         
    224420...........................  Dibenz(a,j)acridene.                                                         
    5385751..........................  Dibenzo(a,e)fluoranthene.                                                    
    192654...........................  Dibenzo(a,e)pyrene.                                                          
    53703............................  Dibenzo(a,h)anthracene.                                                      
    189640...........................  Dibenzo(a,l)pyrene.                                                          
    191300...........................  Dibenzo(a,h)pyrene.                                                          
    194592...........................  7,H-Dibenzo(c,g)carbazole.                                                   
    106-93-4.........................  1,2-Dibromoethane (Ethylene dibromide).                                      
    84-74-2..........................  Dibutyl phthalate.                                                           
    1929733..........................  2,4 D Butoxyethyl ester.                                                     
    94804............................  2,4 D Butyl ester.                                                           
    2971382..........................  2,4 D Chlorocrotyl ester.                                                    
    1918009..........................  Dicamba.                                                                     
    95-50-1..........................  1,2-Dichlorobenzene.                                                         
    541-73-1.........................  1,3-Dichlorobenzene.                                                         
    106-46-7.........................  1,4-Dichlorobenzene.                                                         
    91-94-1..........................  3,3'-Dichlorobenzidine.                                                      
    75-27-4..........................  Dichlorobromomethane.                                                        
    107-06-2.........................  1,2-Dichloroethane (Ethylene dichloride).                                    
    75434............................  Dichlorofluoromethane.                                                       
    540-59-0.........................  1,2-Dichloroethylene.                                                        
    120-83-2.........................  2,4-Dichlorophenol.                                                          
    78-87-5..........................  1,2-Dichloropropane.                                                         
    10061026.........................  trans-1,3-Dichloropropene.                                                   
    542-75-6.........................  1,3-Dichloropropylene.                                                       
    62-73-7..........................  Dichlorvos [Phosphoric acid, 2,2-dichloroethenyl dimethyl ester].            
    115-32-2.........................  Dicofol [Benzenemethanol, 4-chloro-.alpha.-(4-chlorophenyl)-.alpha.-         
                                        (trichloromethyl)-].                                                        
    177-81-7.........................  Di-(2-ethylhexyl) phthalate (DEHP).                                          
    84-66-2..........................  Diethyl phthalate.                                                           
    124403...........................  Dimethylamine.                                                               
    57976............................  7,12-Dimethylbenz(a)anthracene.                                              
    105-67-9.........................  2,4-Dimethylphenol.                                                          
    131-11-3.........................  Dimethyl phthalate.                                                          
    534-52-1.........................  4,6-Dinitro-o-cresol.                                                        
    51-28-5..........................  2,4-Dinitrophenol.                                                           
    121-14-2.........................  2,4-Dinitrotoluene.                                                          
    606-20-2.........................  2,6-Dinitrotoluene.                                                          
    117-84-0.........................  n-Dioctyl phthalate.                                                         
    122-66-7.........................  1,2-Diphenylhydrazine (Hydrazobenzene).                                      
    94111............................  2,4-D Isopropyl ester.                                                       
    106-89-8.........................  Epichlorohydrin.                                                             
    1320189..........................  2,4-D Propylene glycol butyl ether ester.                                    
    330541...........................  Diuron.                                                                      
    100-41-4.........................  Ethylbenzene.                                                                
    106934...........................  Ethylene dibromide.                                                          
    50-00-0..........................  Formaldehyde.                                                                
    76-44-8..........................  Heptachlor [1,4,5,6,7,8,8-Heptachloro-3a,4,7,7a-tetrahydro-4,7-methano-1H-   
                                        indene].                                                                    
    118-74-1.........................  Hexachlorobenzene.                                                           
    
    [[Page 51276]]
                                                                                                                    
    319846...........................  alpha-Hexachlorocyclohexane.                                                 
    87-68-3..........................  Hexachloro-1,3-butadiene.                                                    
    77-47-4..........................  Hexachlorocyclopentadiene.                                                   
    67-72-1..........................  Hexachloroethane.                                                            
    7647-01-0........................  Hydrochloric acid.                                                           
    74-90-8..........................  Hydrogen cyanide.                                                            
    7664-39-3........................  Hydrogen fluoride.                                                           
    193395...........................  Indeno[1,2,3-cd]pyrene.                                                      
    7439-92-1........................  Lead.                                                                        
    301042...........................  Lead acetate.                                                                
    7784409..........................  Lead arsenate.                                                               
    7645252..........................      Do.                                                                      
    10102484.........................      Do.                                                                      
    7758954..........................  Lead chloride.                                                               
    13814965.........................  Lead fluoborate.                                                             
    7783462..........................  Lead fluoride.                                                               
    10101630.........................  Lead iodide.                                                                 
    10099748.........................  Lead nitrate.                                                                
    7428480..........................  Lead stearate.                                                               
    1072351..........................      Do.                                                                      
    52652592.........................      Do.                                                                      
    7446142..........................  Lead sulfate.                                                                
    1314870..........................  Lead sulfide.                                                                
    592870...........................  Lead thiocyanate.                                                            
    58-89-9..........................  Lindane [Cyclohexane, 1,2,3,4,5,6-hexachloro-                                
                                        (1.alpha.,3.beta.,4.alpha.,5.alpha.,6.beta.)-].                             
    14307258.........................  Lithium chromate.                                                            
    121755...........................  Malathion.                                                                   
    108-31-6.........................  Maleic anhydride.                                                            
    592041...........................  Mercuric cyanide.                                                            
    10045940.........................  Mercuric nitrate.                                                            
    7783359..........................  Mercuric sulfate.                                                            
    592858...........................  Mercuric thiocyanate.                                                        
    7782867..........................  Mercurous nitrate.                                                           
    7439-97-6........................  Mercury.                                                                     
    72-43-5..........................  Methoxychlor [Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-methoxy-].      
    80-62-6..........................  Methyl methacrylate.                                                         
    75865............................  2-Methyllactonitrile.                                                        
    3697243..........................  5-Methylchrysene.                                                            
    298000...........................  Methyl parathion.                                                            
    7786347..........................  Mevinphos.                                                                   
    300765...........................  Naled.                                                                       
    91-20-3..........................  Naphthalene.                                                                 
    7440-02-0........................  Nickel.                                                                      
    15699180.........................  Nickel ammonium sulfate.                                                     
    37211055.........................  Nickel chloride.                                                             
    7718549..........................      Do.                                                                      
    12054487.........................  Nickel hydroxide.                                                            
    14216752.........................  Nickel nitrate.                                                              
    7786814..........................  Nickel sulfate.                                                              
    7697-37-2........................  Nitric acid.                                                                 
    98-95-3..........................  Nitrobenzene.                                                                
    88-75-5..........................  2-Nitrophenol.                                                               
    100-02-7.........................  4-Nitrophenol.                                                               
    5522430..........................  1-Nitropyrene.                                                               
    62-75-9..........................  N-Nitrosodimethylamine.                                                      
    86-30-6..........................  N-Nitrosodiphenylamine.                                                      
    621-64-7.........................  N-Nitrosodi-n-propylamine.                                                   
    56-38-2..........................  Parathion [Phosphorothioic acid, O,O-diethyl-O-(4-nitrophenyl) ester].       
    87-86-5..........................  Pentachlorophenol (PCP).                                                     
    85018............................  Phenanthrene.                                                                
    108-95-2.........................  Phenol.                                                                      
    7664-38-2........................  Phosphoric acid.                                                             
    7723-14-0........................  Phosphorus (yellow or white).                                                
    1336-36-3........................  Polychlorinated biphenyls (PCBs).                                            
    7784410..........................  Potassium arsenate.                                                          
    10124502.........................  Potassium arsenite.                                                          
    7778509..........................  Potassium bichromate.                                                        
    7789006..........................  Potassium chromate.                                                          
    151508...........................  Potassium cyanide.                                                           
    2312358..........................  Propargite.                                                                  
    75-56-9..........................  Propylene oxide.                                                             
    91-22-5..........................  Quinoline.                                                                   
    
    [[Page 51277]]
                                                                                                                    
    7782-49-2........................  Selenium.                                                                    
    7446084..........................  Selenium oxide.                                                              
    7440-22-4........................  Silver.                                                                      
    7761888..........................  Silver nitrate.                                                              
    7631892..........................  Sodium arsenate.                                                             
    7784465..........................  Sodium arsenite.                                                             
    10588019.........................  Sodium bichromate.                                                           
    7775113..........................  Sodium chromate.                                                             
    143339...........................  Sodium cyanide.                                                              
    7632000..........................  Sodium nitrite.                                                              
    10102188.........................  Sodium selenite.                                                             
    7782823..........................      Do.                                                                      
    7789062..........................  Strontium chromate.                                                          
    NA...............................  Strychnine and salts.                                                        
    100-42-5.........................  Styrene.                                                                     
    7664-93-9........................  Sulfuric acid.                                                               
    79-34-5..........................  1,1,2,2-Tetrachloroethane.                                                   
    127-18-4.........................  Tetrachloroethylene (Perchloroethylene).                                     
    935-95-5.........................  2,3,5,6-Tetrachlorophenol.                                                   
    78002............................  Tetraethyl lead.                                                             
    7440-28-0........................  Thallium.                                                                    
    10031591.........................  Thallium sulfate.                                                            
    108-88-3.........................  Toluene.                                                                     
    8001-35-2........................  Toxaphene.                                                                   
    52-68-6..........................  Trichlorfon [Phosphonic acid, (2,2,2-trichloro-1-hydroxyethyl)-              
                                        dimethylester].                                                             
    120-82-1.........................  1,2,4-Trichlorobenzene.                                                      
    71-55-6..........................  1,1,1-Trichloroethane (Methyl chloroform).                                   
    79-00-5..........................  1,1,2-Trichloroethane.                                                       
    79-01-6..........................  Trichloroethylene.                                                           
    95-95-4..........................  2,4,5-Trichlorophenol.                                                       
    88-06-2..........................  2,4,6-Trichlorophenol.                                                       
    121448...........................  Triethylamine.                                                               
    7440-62-2........................  Vanadium (fume or dust).                                                     
    108-05-4.........................  Vinyl acetate.                                                               
    75-01-4..........................  Vinyl chloride.                                                              
    75-35-4..........................  Vinylidene chloride.                                                         
    108-38-3.........................  m-Xylene.                                                                    
    95-47-6..........................  o-Xylene.                                                                    
    106-42-3.........................  p-Xylene.                                                                    
    1330-20-7........................  Xylene (mixed isomers).                                                      
    7440-66-6........................  Zinc (fume or dust).                                                         
    557346...........................  Zinc acetate.                                                                
    14639975.........................  Zinc ammonium chloride.                                                      
    14639986.........................      Do.                                                                      
    52628258.........................      Do.                                                                      
    1332076..........................  Zinc borate.                                                                 
    7699458..........................  Zinc bromide.                                                                
    3486359..........................  Zinc carbonate.                                                              
    7646857..........................  Zinc chloride.                                                               
    557211...........................  Zinc cyanide.                                                                
    7783495..........................  Zinc fluoride.                                                               
    557415...........................  Zinc formate.                                                                
    7779864..........................  Zinc hydrosulfite.                                                           
    7779886..........................  Zinc nitrate.                                                                
    127822...........................  Zinc phenolsulfonate.                                                        
    1314847..........................  Zinc phosphide.                                                              
    16871719.........................  Zinc silicofluoride.                                                         
    7733020..........................  Zinc sulfate.                                                                
    ----------------------------------------------------------------------------------------------------------------
    
    
    
    Addendum G--List of Applicable References
    
        The following guidance manuals contain valuable information in 
    assisting permittees in complying with the permit conditions of the 
    multi-sector general permit and are available from The Office of Water 
    Resources Center, USEPA--RC-4100, 401 M Street, SW., Washington, DC 
    20460, Telephone: (202) 260-7786.
        Storm Water Management for Industrial Activities, Developing 
    Pollution Prevention Plans and Best Management Practices (EPA-832-R-92-
    006, September 1992).
        Summary: Storm Water Management for Industrial Activities, 
    Developing Pollution Prevention Plans and Best Management Practices 
    (October 1992).
        NPDES Storm Water Sampling Guidance Document (EPA 833-B-92-001, 
    July 1992).
    
    [[Page 51278]]
    
    
    Addendum H--Endangered Species Guidance
    
    I. Instructions
    
        Below is a list of species that EPA has determined may be affected 
    by the activities covered by the multi-sector general permit (MSGP). 
    These species are listed by county. In order to get MSGP coverage, 
    applicants must:
         Indicate in box provided on the NOI whether any species 
    listed in this Addendum are in proximity to the facility, and
         Certify pursuant to Section II.B.12 of the MSGP that their 
    storm water discharges, and BMPs constructed to control storm water 
    runoff, are not likely, and will not be likely to adversely affect 
    species identified in Addendum H of this permit.
        To do this, please follow steps 1 through 4 below.
    Step 1: Review the County Species List to Determine if any Species are 
    Located in the Discharging Facility County
        If no species are listed in a facility's county or if a facility's 
    county is not found on the list, an applicant is eligible for MSGP 
    coverage and may indicate in the NOI that no species are found in 
    proximity and provide the necessary certification. If species are 
    located in the county, follow step 2 below. Where a facility is located 
    in more than one county, the lists for all counties should be reviewed.
    Step 2: Determine if any Species may be Found ``In Proximity'' to the 
    Facility
        A species is in proximity to a facility's storm water discharge 
    when the species is:
         Located in the path or immediate area through which or 
    over which contaminated point source storm water flows from industrial 
    activities to the point of discharge into the receiving water.
         Located in the immediate vicinity of, or nearby, the point 
    of discharge into receiving waters.
         Located in the area of a site where storm water BMPs are 
    planned or are to be constructed.
        The area in proximity to be searched/surveyed for listed species 
    will vary with the size of the facility, the nature and quantity of the 
    storm water discharges, and the type of receiving waters. Given the 
    number of facilities potentially covered by the MSGP, no specific 
    method to determine whether species are in proximity is required for 
    permit coverage under the MSGP. Instead, applicants should use the 
    method or methods which best allow them to determine to the best of 
    their knowledge whether species are in proximity to their particular 
    facility. These methods may include:
         Conducting visual inspections: This method may be 
    particularly suitable for facilities that are smaller in size, 
    facilities located in non-natural settings such as highly urbanized 
    areas or industrial parks where there is little or no nature habitat; 
    and facilities that discharge directly into municipal storm water 
    collection systems. For other facilities, a visual survey of the 
    facility site and storm water drainage areas may be insufficient to 
    determine whether species are likely to be located in proximity to the 
    discharge.
         Contacting the nearest State Wildlife Agency or U.S. Fish 
    and Wildlife Service (FWS) or National Marine Fisheries Service (NMFS) 
    offices. Many endangered and threatened species are found in well-
    defined areas or habitats. That information is frequently known to 
    state or federal wildlife agencies. FWS has offices in every state. 
    NMFS has regional offices in: Gloucester, Massachusetts; St. 
    Petersburg, Florida; Long Beach, California; Portland, Oregon; and 
    Juneau, Alaska.
         Contacting local/regional conservation groups. These 
    groups inventory species and their locations and maintain lists of 
    sightings and habitats.
         Conducting a formal biological survey. Larger facilities 
    with extensive storm water discharges may choose to conduct biological 
    surveys as the most effective way to assess whether species are located 
    in proximity and whether there are likely adverse effects.
        If no species are in proximity, an applicant is eligible for MSGP 
    coverage and may indicate that in the NOI and provide the necessary 
    certification. If listed species are found in proximity to a facility, 
    applicants must follow step 3 below.
    Step 3: Determine if Species Could be Adversely Affected by the 
    Facility's Storm Water Discharges or by BMPS to Control Those 
    Discharges
        Scope of Adverse Effects: Potential adverse effects from storm 
    water include:
         Hydrological. Storm water may cause siltation, 
    sedimentation or induce other changes in the receiving waters such as 
    temperature, salinity or pH. These effects will vary with the amount of 
    storm water discharged and the volume and condition of the receiving 
    water. Where a storm water discharge constitutes a minute portion of 
    the total volume of the receiving water, adverse hydrological effects 
    are less likely.
         Habitat. Storm water may drain or inundate listed species 
    habitat.
         Toxicity. In some cases, pollutants in storm water may 
    have toxic effects on listed species.
        The scope of effects to consider will vary with each site. 
    Applicants must also consider the likelihood of adverse effects on 
    species from any BMPs to control storm water. Most adverse impact from 
    BMPs are likely to occur from the construction activities.
        Using earlier ESA authorizations for MSGP eligibility: In some 
    cases, a facility may be eligible for MSGP coverage because actual or 
    potential adverse affects were addressed or discounted through an 
    earlier ESA authorization. Examples of such authorization include:
         An earlier ESA section 7 consultation for that facility.
         A section 10(a) permit issued for the facility.
         An area-wide Habitat Conservation Plan applicable to that 
    facility.
         A clearance letter from the Services (which discounts the 
    possibility of an adverse impact from the facility).
        In order for applicants to use an earlier ESA authorization to meet 
    eligibility requirements: (1) The authorization must adequately address 
    impacts for storm water discharges and BMPs from the facility on 
    endangered and threatened species, (2) it must be current because there 
    have been no subsequent changes in facility operations or circumstances 
    which might impact species in ways not considered in the earlier 
    authorization, and (3) the applicant must comply with any requirements 
    from those authorizations to avoid or mitigate adverse effects to 
    species. Applicants who wish to pursue this approach should carefully 
    review documentation for those authorizations ensure that the above 
    conditions are met.
        If adverse effects are not likely, an applicant is eligible for 
    MSGP coverage and may indicate in the NOI that species are found in 
    proximity and provide the necessary certification. If adverse effects 
    are likely, follow step 4 below.
    Step 4: Determine if Measures can be Implemented to Avoid any Adverse 
    Effects
        If an applicant determines that adverse effects are likely, it can 
    receive coverage if appropriate measures are undertaken to avoid or 
    eliminate any actual or potential adverse affects prior to applying for 
    permit coverage. These measures may involve relatively simple changes 
    to facility operations such as re-routing a storm water discharge to 
    
    [[Page 51279]]
    bypass an area where species are located.
        At this stage, applicants may wish to contact the FWS and/or NMFS 
    to see what appropriate measures might be suitable to avoid or 
    eliminate adverse impacts to species.
        If applicants adopt these measures, they must continue to abide by 
    them during the course of permit coverage.
        If appropriate measures are not available, the applicant is not 
    eligible at that time for coverage under the MSGP. Applicants should 
    contact the appropriate EPA regional office about either:
         Entering into Section 7 consultation in order to obtain 
    MSGP coverage, or
         Obtaining an individual NPDES storm water permit.
    
                                                 II. County/Species List                                            
        [The following list identifies federally listed or proposed U.S. species by State and County. It has been   
                                            updated through March 31, 1995.]                                        
    ----------------------------------------------------------------------------------------------------------------
         State/County            Group name             Inventory name              Scientific name         IR/FF*  
    ----------------------------------------------------------------------------------------------------------------
            ALASKA                                                                                                  
                                                                                                                    
    ALEUTIAN ISLANDS.....  BIRDS................  GOOSE, ALEUTIAN CANADA....  Branta canadensis                     
                                                                               leucopareia.                         
    ALEUTIANS EAST.......  BIRDS................  EIDER, STELLER'S..........  POLYSTICTA STELLERI.......            
    ALEUTIANS, WEST......  BIRDS................  EIDER, STELLER'S..........  POLYSTICTA STELLERI.......            
    NORTH SLOPE..........  BIRDS................  CURLEW, ESKIMO............  Numenius borealis.........            
                                                                                                                    
           ARIZONA                                                                                                  
                                                                                                                    
    APACHE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  MINNOW, LOACH.............  Tiaroga cobitis...........            
                                                  SPINEDACE, LITTLE COLORADO  Lepidomeda vittata........            
                                                  TROUT, APACHE.............  Salmo apache..............            
                           PLANTS...............  SEDGE, NAVAJO.............  Carex specuicola..........            
    COCHISE..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  CATFISH, YAQUI............  Ictalurus pricei..........            
                                                  CHUB, YAQUI...............  Gila purpurea.............            
                                                  PUPFISH, DESERT...........  Cyprinodon macularius.....            
                                                  SHINER, BEAUTIFUL.........  Notropis formosus.........            
                                                  TOPMINNOW, GILA (YAQUI)...  Poeciliopsis occidentalis.            
    COCONINO.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  CHUB, HUMPBACK............  Gila cypha................            
                                                  SPINEDACE, LITTLE COLORADO  Lepidomeda vittata........            
                                                  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........            
                           PLANTS...............  SEDGE, NAVAJO.............  Carex specuicola..........            
                           SNAILS...............  AMBERSNAIL, KANAB.........  OXYLOMA HAYDENI KANABENSIS            
    GILA.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  MINNOW, LOACH.............  Tiaroga cobitis...........            
                                                  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......            
                                                  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........            
                                                  TOPMINNOW, GILA (YAQUI)...  Poeciliopsis occidentalis.            
    GRAHAM...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  MINNOW, LOACH.............  Tiaroga cobitis...........            
                                                  PUPFISH, DESERT...........  Cyprinodon macularius.....            
                                                  SPIKEDACE.................  Meda fulgida..............            
                                                  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........            
                                                  TOPMINNOW, GILA (YAQUI)...  Poeciliopsis occidentalis.            
                                                  TROUT, APACHE.............  Salmo apache..............            
    GREENLEE.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  MINNOW, LOACH.............  Tiaroga cobitis...........            
                                                  SPIKEDACE.................  Meda fulgida..............            
                                                  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........            
                                                  TROUT, APACHE.............  Salmo apache..............            
    LA PAZ...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  RAIL, YUMA CLAPPER........  Rallus longirostris                   
                                                                               yumanensis.                          
                           FISHES...............  CHUB, BONYTAIL............  Gila elegans..............            
                                                  PUPFISH, DESERT...........  Cyprinodon macularius.....            
                                                  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........            
    MARICOPA.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  RAIL, YUMA CLAPPER........  Rallus longirostris                   
                                                                               yumanensis.                          
                           FISHES...............  PUPFISH, DESERT...........  Cyprinodon macularius.....            
                                                  TOPMINNOW, GILA (YAQUI)...  Poeciliopsis occidentalis.            
    MOHAVE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  RAIL, YUMA CLAPPER........  Rallus longirostris                   
                                                                               yumanensis.                          
                           FISHES...............  CHUB, BONYTAIL............  Gila elegans..............            
                                                  CHUB, HUMPBACK............  Gila cypha................            
                                                  CHUB, VIRGIN RIVER........  Gila robusta seminuda.....            
                                                  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........            
                           PLANTS...............  CYCLADENIA, JONES.........  Cycladenia humilis var.               
                                                                               jonesii.                             
                           SNAILS...............  AMBERSNAIL, KANAB.........  OXYLOMA HAYDENI KANABENSIS            
    NAVAJO...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  CHUB, HUMPBACK............  Gila cypha................            
                                                  MINNOW, LOACH.............  Tiaroga cobitis...........            
    
    [[Page 51280]]
                                                                                                                    
                                                  SPINEDACE, LITTLE COLORADO  Lepidomeda vittata........            
                                                  TROUT, APACHE.............  Salmo apache..............            
                           PLANTS...............  SEDGE, NAVAJO.............  Carex specuicola..........            
    PIMA.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           CRUSTACEAN...........   TALUSSNAIL, SAN XAVIER...  SONORELLA EREMITA.........            
                           FISHES...............  PUPFISH, DESERT...........  Cyprinodon macularius.....            
                                                  TOPMINNOW, GILA (YAQUI)...  Poeciliopsis occidentalis.            
    PINAL................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  RAIL, YUMA CLAPPER........  Rallus longirostris                   
                                                                               yumanensis.                          
                           FISHES...............  MINNOW, LOACH.............  Tiaroga cobitis...........            
                                                  PUPFISH, DESERT...........  Cyprinodon macularius.....            
                                                  SPIKEDACE.................  Meda fulgida..............            
                                                  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........            
                                                  TOPMINNOW, GILA (YAQUI)...  Poeciliopsis occidentalis.            
    SANTA CRUZ...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  CHUB, SONORA..............  Gila ditaenia.............            
                                                  TOPMINNOW, GILA (YAQUI)...  Poeciliopsis occidentalis.            
    YAVAPAI..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  FALCON, PEREGRINE.........  Falco peregrinus..........            
                           FISHES...............  PUPFISH, DESERT...........  Cyprinodon macularius.....            
                                                  SPIKEDACE.................  Meda fulgida..............            
                                                  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......            
                                                  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........            
                                                  TOPMINNOW, GILA (YAQUI)...  Poeciliopsis occidentalis.            
                                                  TROUT, GILA...............  Salmo gilae...............            
    YUMA.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  FALCON, PEREGRINE.........  Falco peregrinus..........            
                                                  PELICAN, BROWN............  Pelicanus occidentalis....            
                                                  RAIL, YUMA CLAPPER........  Rallus longirostris                   
                                                                               yumanensis.                          
                           FISHES...............  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........            
                                                                                                                    
          CALIFORNIA                                                                                                
                                                                                                                    
    ALAMEDA..............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
                                                  RAIL, CALIFORNIA CLAPPER..  Rallus longirostris         IR        
                                                                               obsoletus.                           
                                                  TERN, CALIFORNIA LEAST....  Sterna antillarum browni..  IR        
                           CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                                  SHRIMP, LONGHORN FAIRY....  BRANCHINECTA LONGIANTENNA.  IR        
                                                  SHRIMP, VERNAL POOL FAIRY.  BRANCHINECTA LYNCHI.......  IR        
                           FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.  IR        
                                                   RIVER SPRING.                                                    
    ALPINE...............  FISHES...............  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
                                                  TROUT, PAIUTE CUTTHROAT...  Salmo clarki seleniris....  IR        
    AMADOR...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    BUTTE................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                           CRUSTACEAN...........   SHRIMP, CONSERVANCY FAIRY  BRANCINECTA CONSERVATIO...  IR        
                                                  SHRIMP, VERNAL POOL         LEPIDURUS PACKARDI........  IR        
                                                   TADPOLE.                                                         
                           FISHES...............  SALMON, CHINOOK (WINTER-    ONCORHYNCHUS TSHAWYTSCHA..  IR        
                                                   RUN).                                                            
    CALAVERAS............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           CRUSTACEAN...........   SHRIMP, VERNAL POOL        LEPIDURUS PACKARDI........  IR        
                                                   TADPOLE.                                                         
    COLUSA...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                           CRUSTACEAN...........   SHRIMP, VERNAL POOL        LEPIDURUS PACKARDI........  IR        
                                                   TADPOLE.                                                         
    CONTRA COSTA.........  BIRDS................  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  RAIL, CALIFORNIA CLAPPER..  Rallus longirostris         IR        
                                                                               obsoletus.                           
                                                  TERN, CALIFORNIA LEAST....  Sterna antillarum browni..  IR        
                           CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                                  SHRIMP, LONGHORN FAIRY....  BRANCHINECTA LONGIANTENNA.  IR        
                                                  SHRIMP, VERNAL POOL FAIRY.  BRANCHINECTA LYNCHI.......  IR        
                           FISHES...............  SALMON, CHINOOK (WINTER-    ONCORHYNCHUS TSHAWYTSCHA..  IR        
                                                   RUN).                                                            
    DEL NORTE............  AMPHIBIANS...........   FROG, CALIFORNIA RED-      RANA AURORA DRAYTONII.....  IR        
                                                   LEGGED.                                                          
                           BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
    EL DORADO............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    
    [[Page 51281]]
                                                                                                                    
                           CRUSTACEAN...........   SHRIMP, VERNAL POOL        LEPIDURUS PACKARDI........  IR        
                                                   TADPOLE.                                                         
                           FISHES...............  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
    FRESNO...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  TROUT, LITTLE KERN GOLDEN.  Salmo aguabonita whitei...  IR        
                                                  TROUT, PAIUTE CUTTHROAT...  Salmo clarki seleniris....  IR        
    GLENN................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                           CRUSTACEAN...........   SHRIMP, VERNAL POOL        LEPIDURUS PACKARDI........  IR        
                                                   TADPOLE.                                                         
                           FISHES...............  SALMON, CHINOOK (WINTER-    ONCORHYNCHUS TSHAWYTSCHA..  IR        
                                                   RUN).                                                            
    HUMBOLDT.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
                           REPTILES.............  TURTLE, OLIVE (PACIFIC)     Lepidochelys olivacea.....  IR        
                                                   RIDLEY SEA.                                                      
    IMPERIAL.............  AMPHIBIANS...........   TOAD, ARROYO SOUTHWESTERN  BUFO MICROSCAPHUS           IR        
                                                                               CALIFORNICUS.                        
                           BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  RAIL, YUMA CLAPPER........  Rallus longirostris         IR        
                                                                               yumanensis.                          
                           FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                                  PUPFISH, DESERT...........  Cyprinodon macularius.....  IR        
                                                  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                                  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
    INYO.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                           FISHES...............  CHUB, OWENS TUI...........  Gila bicolor snyderi......  IR        
                                                  PUPFISH, OWENS............  Cyprinodon radiosus.......  IR        
                                                  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
                           PLANTS...............  CENTAURY, SPRING-LOVING...  Centaurium namophilum var.   IR       
                                                                               namophi.                             
                                                  GUMPLANT, ASH MEADOWS.....  Grindelia fraxinopratensis  IR        
                                                  IVESIA, ASH MEADOWS.......  Ivesia kingii var. eremica  IR        
    KERN.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    KINGS................  BIRDS................  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
    LAKE.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                           FISHES...............  SPLITTAIL, SACRAMENTO.....  POGONICHTHYS                IR        
                                                                               MACROLEPIDOTUS.                      
                           PLANTS...............  COYOTE-THISTLE, LOCH        Eryngium constancei.......  IR        
                                                   LOMOND.                                                          
                                                  GOLDFIELDS, BURKE'S.......  Lasthenia burkei..........  IR        
    LASSEN...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  SUCKER, MODOC.............  Catostomus microps........  IR        
    LOS ANGELES..........  AMPHIBIANS...........   TOAD, ARROYO SOUTHWESTERN  BUFO MICROSCAPHUS           IR        
                                                                               CALIFORNICUS.                        
                           BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
                                                  RAIL, LIGHT-FOOTED CLAPPER  Rallus longirostris         IR        
                                                                               levipes.                             
                                                  TERN, CALIFORNIA LEAST....  Sterna antillarum browni..  IR        
                           FISHES...............  CHUB, MOHAVE TUI..........  Gila bicolor mohavensis...  IR        
                                                  STICKLEBACK, UNARMORED      Gasterosteus aculeatus       IR       
                                                   THREESPINE.                 williamsoni.                         
                           PLANTS...............  BIRD'S-BEAK, SALT MARSH...  Cordylanthus maritimus       IR       
                                                                               ssp. mariti.                         
                                                  BROOM, SAN CLEMENTE ISLAND  Lotus dendroideus ssp.      IR        
                                                                               traskiae.                            
                                                  BUSH-MALLOW, SAN CLEMENTE   Malacothamnus clementinus.  IR        
                                                   ISLAND.                                                          
                                                  WATERCRESS, GAMBEL'S......  RORIPPA GAMBELLII.........  IR        
    MADERA...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
                                                  TROUT, PAIUTE CUTTHROAT...  Salmo clarki seleniris....  IR        
    MARIN................  AMPHIBIANS...........   FROG, CALIFORNIA RED-      RANA AURORA DRAYTONII.....  IR        
                                                   LEGGED.                                                          
                           BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
                                                  RAIL, CALIFORNIA CLAPPER..  Rallus longirostris         IR        
                                                                               obsoletus.                           
    
    [[Page 51282]]
                                                                                                                    
                           CRUSTACEAN...........   SHRIMP, CALIFORNIA         Syncaris pacifica.........  IR        
                                                   FRESHWATER.                                                      
                           FISHES...............  SALMON, CHINOOK (WINTER-    ONCORHYNCHUS TSHAWYTSCHA..  IR        
                                                   RUN).                                                            
    MARIPOSA.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    MENDOCINO............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
                           MAMMALS..............  BEAVER, POINT ARENA         Aplodontia rufa nigra.....  IR        
                                                   MOUNTAIN.                                                        
                           PLANTS...............  GOLDFIELDS, BURKE'S.......  Lasthenia burkei..........  IR        
                           REPTILES.............  TURTLE, OLIVE (PACIFIC)     Lepidochelys olivacea.....  IR        
                                                   RIDLEY SEA.                                                      
    MERCED...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                           CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                                  SHRIMP, CONSERVANCY FAIRY.  BRANCINECTA CONSERVATIO...  IR        
                                                  SHRIMP, VERNAL POOL FAIRY.  BRANCHINECTA LYNCHI.......  IR        
    MODOC................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  SUCKER, LOST RIVER........  Deltistes luxatus.........  IR        
                                                  SUCKER, MODOC.............  Catostomus microps........  IR        
                                                  SUCKER, SHORTNOSE.........  Chasmistes brevirostris...  IR        
    MONO.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                           FISHES...............  CHUB, OWENS TUI...........  Gila bicolor snyderi......  IR        
                                                  PUPFISH, OWENS............  Cyprinodon radiosus.......  IR        
                                                  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
                                                  TROUT, PAIUTE CUTTHROAT...  Salmo clarki seleniris....  IR        
    MONTEREY.............  AMPHIBIANS...........   SALAMANDER, SANTA CRUZ     Ambystoma macrodactylum     IR        
                                                   LONG-TOED.                  croceum.                             
                           BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
                                                  RAIL, CALIFORNIA CLAPPER..  Rallus longirostris         IR        
                                                                               obsoletus.                           
                                                  TERN, CALIFORNIA LEAST....  Sterna antillarum browni..  IR        
                           CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                                  SHRIMP, VERNAL POOL FAIRY.  BRANCHINECTA LYNCHI.......  IR        
                           MAMMALS..............  OTTER, SOUTHERN SEA.......  Enhydra lutris nereis.....  IR        
                           REPTILES.............  TURTLE, OLIVE (PACIFIC)     Lepidochelys olivacea.....  IR        
                                                   RIDLEY SEA.                                                      
    NAPA.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
                                                  RAIL, CALIFORNIA CLAPPER..  Rallus longirostris         IR        
                                                                               obsoletus.                           
                           CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                                  SHRIMP, CALIFORNIA          Syncaris pacifica.........  IR        
                                                   FRESHWATER.                                                      
                           FISHES...............  SALMON, CHINOOK (WINTER-    ONCORHYNCHUS TSHAWYTSCHA..  IR        
                                                   RUN).                                                            
    NEVADA...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
    ORANGE...............  AMPHIBIANS...........   TOAD, ARROYO SOUTHWESTERN  BUFO MICROSCAPHUS           IR        
                                                                               CALIFORNICUS.                        
                           BIRDS................  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
                                                  RAIL, LIGHT-FOOTED CLAPPER  Rallus longirostris         IR        
                                                                               levipes.                             
                                                  TERN, CALIFORNIA LEAST....  Sterna antillarum browni..  IR        
                           CRUSTACEAN...........   SHRIMP, RIVERSIDE FAIRY..  STREPTOCEPHALUS WOOTTONI..  IR        
                           PLANTS...............  BIRD'S-BEAK, SALT MARSH...  Cordylanthus maritimus       IR       
                                                                               ssp. mariti.                         
    PLACER...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                           CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                                  SHRIMP, VERNAL POOL FAIRY.  BRANCHINECTA LYNCHI.......  IR        
                                                  SHRIMP, VERNAL POOL         LEPIDURUS PACKARDI........  IR        
                                                   TADPOLE.                                                         
                           FISHES...............  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
    PLUMAS...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    RIVERSIDE............  AMPHIBIANS...........   SALAMANDER, DESERT         Batrachoseps aridus.......  IR        
                                                   SLENDER.                                                         
                                                  TOAD, ARROYO SOUTHWESTERN.  BUFO MICROSCAPHUS           IR        
                                                                               CALIFORNICUS.                        
                           BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    
    [[Page 51283]]
                                                                                                                    
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  RAIL, YUMA CLAPPER........  Rallus longirostris         IR        
                                                                               yumanensis.                          
                           CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                                  SHRIMP, RIVERSIDE FAIRY...  STREPTOCEPHALUS WOOTTONI..  IR        
                                                  SHRIMP, VERNAL POOL FAIRY.  BRANCHINECTA LYNCHI.......  IR        
                           FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                                  PUPFISH, DESERT...........  Cyprinodon macularius.....  IR        
                                                  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                                  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
                           PLANTS...............  BUTTON-CELERY, SAN DIEGO..  ERYNGIUM ARISTULATUM VAR.    IR       
                                                                               PARISHII.                            
                                                  GRASS, CALIFORNIA ORCUTT..  ORCUTTIA CALIFORNICA......  IR        
                                                  MILK-VETCH, COACHELLA       ASTRAGALUS LENTIGINOSUS      IR       
                                                   VALLEY.                     VAR. COACH.                          
                                                  MINT, OTAY MESA...........  POGOGYNE NUDIUSCULA.......  IR        
    SACRAMENTO...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
                           CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                                  SHRIMP, VERNAL POOL FAIRY.  BRANCHINECTA LYNCHI.......  IR        
                                                  SHRIMP, VERNAL POOL         LEPIDURUS PACKARDI........  IR        
                                                   TADPOLE.                                                         
                           FISHES...............  SALMON, CHINOOK (WINTER-    ONCORHYNCHUS TSHAWYTSCHA..  IR        
                                                   RUN).                                                            
                                                  SMELT, DELTA..............  HYPOMESUS TRANSPACIFICUS..  IR        
    SAN BENITO...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    SAN BERNARDINO.......  AMPHIBIANS...........   TOAD, ARROYO SOUTHWESTERN  BUFO MICROSCAPHUS           IR        
                                                                               CALIFORNICUS.                        
                           BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
                                                  RAIL, YUMA CLAPPER........  Rallus longirostris         IR        
                                                                               yumanensis.                          
                           FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                                  CHUB, MOHAVE TUI..........  Gila bicolor mohavensis...  IR        
                                                  PUPFISH, DESERT...........  Cyprinodon macularius.....  IR        
                                                  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                                  STICKLEBACK, UNARMORED      Gasterosteus aculeatus       IR       
                                                   THREESPINE.                 williamsoni.                         
                                                  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
                           PLANTS...............  CHECKER-MALLOW, PEDATE....  Sidalcea pedata...........  IR        
                                                  OXYTHECA, CUSHENBURY......  OXYTHECA PARISHII VAR.       IR       
                                                                               GOODMANIANA.                         
                                                  WATERCRESS, GAMBEL'S......  RORIPPA GAMBELLII.........  IR        
    SAN DIEGO............  AMPHIBIANS...........   TOAD, ARROYO SOUTHWESTERN  BUFO MICROSCAPHUS           IR        
                                                                               CALIFORNICUS.                        
                           BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
                                                  RAIL, LIGHT-FOOTED CLAPPER  Rallus longirostris         IR        
                                                                               levipes.                             
                                                  TERN, CALIFORNIA LEAST....  Sterna antillarum browni..  IR        
                           CRUSTACEAN...........   SHRIMP, RIVERSIDE FAIRY..  STREPTOCEPHALUS WOOTTONI..  IR        
                           FISHES...............  CHUB, MOHAVE TUI..........  Gila bicolor mohavensis...  IR        
                                                  PUPFISH, DESERT...........  Cyprinodon macularius.....  IR        
                                                  SHRIMP, SAN DIEGO FAIRY...  BRANCHINECTA SANDIEGOENSIS  IR        
                                                  STICKLEBACK, UNARMORED      Gasterosteus aculeatus       IR       
                                                   THREESPINE.                 williamsoni.                         
                           PLANTS...............  BIRD'S-BEAK, SALT MARSH...  Cordylanthus maritimus       IR       
                                                                               ssp. maritimus.                      
                                                  BUTTON-CELERY, SAN DIEGO..  ERYNGIUM ARISTULATUM VAR.    IR       
                                                                               PARISHII.                            
                                                  GRASS, CALIFORNIA ORCUTT..  ORCUTTIA CALIFORNICA......  IR        
                                                  MINT, OTAY MESA...........  POGOGYNE NUDIUSCULA.......  IR        
                                                  MINT, SAN DIEGO MESA......  Pogogyne abramsii.........  IR        
                                                  WATERCRESS, GAMBEL'S......  RORIPPA GAMBELLII.........  IR        
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............  IR        
                                                  TURTLE, OLIVE (PACIFIC)     Lepidochelys olivacea.....  IR        
                                                   RIDLEY SEA.                                                      
    SAN FRANCISCO........  BIRDS................  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
    
    [[Page 51284]]
                                                                                                                    
    SAN JOAQUIN..........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                           CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                                  SHRIMP, VERNAL POOL FAIRY.  BRANCHINECTA LYNCHI.......  IR        
                                                  SHRIMP, VERNAL POOL         LEPIDURUS PACKARDI........  IR        
                                                   TADPOLE.                                                         
                           FISHES...............  SALMON, CHINOOK (WINTER-    ONCORHYNCHUS TSHAWYTSCHA..  IR        
                                                   RUN).                                                            
                                                  SMELT, DELTA..............  HYPOMESUS TRANSPACIFICUS..  IR        
    SAN LUIS OBISPO......  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
                                                  RAIL, CALIFORNIA CLAPPER..  Rallus longirostris         IR        
                                                                               obsoletus.                           
                                                  TERN, CALIFORNIA LEAST....  Sterna antillarum browni..  IR        
                           CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                                  SHRIMP, LONGHORN FAIRY....  BRANCHINECTA LONGIANTENNA.  IR        
                           MAMMALS..............  OTTER, SOUTHERN SEA.......  Enhydra lutris nereis.....  IR        
                           PLANTS...............  BIRD'S-BEAK, SALT MARSH...  Cordylanthus maritimus       IR       
                                                                               ssp. maritimus.                      
                                                  SANDWORT, MARSH...........  ARENARIA PALUDICOLA.......  IR        
                                                  SEA-BLITE, CALIFORNIA.....  SUAEDA CALIFORNICA........  IR        
                                                  THISTLE, CHORRO CREEK BOG.  CIRSIUM FONTINALE VAR.      IR        
                                                                               OBISPOENSE.                          
                                                  WATERCRESS, GAMBEL'S......  RORIPPA GAMBELLII.........  IR        
    SAN MATEO............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
                                                  RAIL, CALIFORNIA CLAPPER..  Rallus longirostris         IR        
                                                                               obsoletus.                           
                                                  TERN, CALIFORNIA LEAST....  Sterna antillarum browni..  IR        
                           CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                           PLANTS...............  THISTLE, FOUNTAIN.........  CIRSIUM FONTINALE VAR.      IR        
                                                                               FONTINALE.                           
    SANTA BARBARA........  AMPHIBIANS...........   TOAD, ARROYO SOUTHWESTERN  BUFO MICROSCAPHUS           IR        
                                                                               CALIFORNICUS.                        
                           BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
                                                  RAIL, LIGHT-FOOTED CLAPPER  Rallus longirostris         IR        
                                                                               levipes.                             
                                                  TERN, CALIFORNIA LEAST....  Sterna antillarum browni..  IR        
                           CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                           FISHES...............  STICKLEBACK, UNARMORED      Gasterosteus aculeatus       IR       
                                                   THREESPINE.                 williamsoni.                         
                           MAMMALS..............  SEAL, GUADALUPE FUR.......  Arctocephalus townsendi...  IR        
                           PLANTS...............  BIRD'S-BEAK, SALT MARSH...  Cordylanthus maritimus       IR       
                                                                               ssp. maritimus.                      
    SANTA CLARA..........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
                                                  RAIL, CALIFORNIA CLAPPER..  Rallus longirostris         IR        
                                                                               obsoletus.                           
                                                  TERN, CALIFORNIA LEAST....  Sterna antillarum browni..  IR        
                           PLANTS...............  THISTLE, FOUNTAIN.........  CIRSIUM FONTINALE VAR.      IR        
                                                                               FONTINALE.                           
    SANTA CRUZ...........  AMPHIBIANS...........   SALAMANDER, SANTA CRUZ     Ambystoma macrodactylum     IR        
                                                   LONG-TOED.                  croceum.                             
                           BIRDS................  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
                           MAMMALS..............  OTTER, SOUTHERN SEA.......  Enhydra lutris nereis.....  IR        
    SHASTA...............  AMPHIBIANS...........   FROG, CALIFORNIA RED-      RANA AURORA DRAYTONII.....  IR        
                                                   LEGGED.                                                          
                           BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           CRUSTACEAN...........   CRAYFISH, SHASTA.........  Pacifasticus fortis.......  IR        
                                                  SHRIMP, VERNAL POOL         LEPIDURUS PACKARDI........  IR        
                                                   TADPOLE.                                                         
                           FISHES...............  SALMON, CHINOOK (WINTER-    ONCORHYNCHUS TSHAWYTSCHA..  IR        
                                                   RUN).                                                            
    SIERRA...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
    SISKIYOU.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
    
    [[Page 51285]]
                                                                                                                    
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                           FISHES...............  SUCKER, LOST RIVER........  Deltistes luxatus.........  IR        
    SOLANO...............  BIRDS................  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  RAIL, CALIFORNIA CLAPPER..  Rallus longirostris         IR        
                                                                               obsoletus.                           
                           CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                                  SHRIMP, VERNAL POOL FAIRY.  BRANCHINECTA LYNCHI.......  IR        
                                                  SHRIMP, VERNAL POOL         LEPIDURUS PACKARDI........  IR        
                                                   TADPOLE.                                                         
                           FISHES...............  SALMON, CHINOOK (WINTER-    ONCORHYNCHUS TSHAWYTSCHA..  IR        
                                                   RUN).                                                            
                                                  SMELT, DELTA..............  HYPOMESUS TRANSPACIFICUS..  IR        
                           PLANTS...............  GRASS, SOLANO.............  Tuctoria mucronata          IR        
                                                                               (=Orcuttia m.).                      
    SONOMA...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
                                                  RAIL, CALIFORNIA CLAPPER..  Rallus longirostris         IR        
                                                                               obsoletus.                           
                           CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                                  SHRIMP, CALIFORNIA          Syncaris pacifica.........  IR        
                                                   FRESHWATER.                                                      
                           FISHES...............  SALMON, CHINOOK (WINTER-    ONCORHYNCHUS TSHAWYTSCHA..  IR        
                                                   RUN).                                                            
                           PLANTS...............  BIRD'S-BEAK, PENNELL'S....  CORDYLANTHUS TENUS          IR        
                                                                               SSP.CAPILLARI.                       
                                                  GOLDFIELDS, BURKE'S.......  Lasthenia burkei..........  IR        
                                                  STICKYSEED, BAKER'S.......  Blennosperma bakeri.......  IR        
    STANISLAUS...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                           CRUSTACEAN...........   SHRIMP, VERNAL POOL        LEPIDURUS PACKARDI........  IR        
                                                   TADPOLE.                                                         
    SUTTER...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                           CRUSTACEAN...........   SHRIMP, VERNAL POOL        LEPIDURUS PACKARDI........  IR        
                                                   TADPOLE.                                                         
                           FISHES...............  SALMON, CHINOOK (WINTER-    ONCORHYNCHUS TSHAWYTSCHA..  IR        
                                                   RUN).                                                            
    TEHAMA...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           CRUSTACEAN...........   SHRIMP, VERNAL POOL        LEPIDURUS PACKARDI........  IR        
                                                   TADPOLE.                                                         
                           FISHES...............  SALMON, CHINOOK (WINTER-    ONCORHYNCHUS TSHAWYTSCHA..  IR        
                                                   RUN).                                                            
    TRINITY..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    TULARE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  TROUT, LITTLE KERN GOLDEN.  Salmo aguabonita whitei...  IR        
    TUOLUMNE.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
    VENTURA..............  AMPHIBIANS...........   TOAD, ARROYO SOUTHWESTERN  BUFO MICROSCAPHUS           IR        
                                                                               CALIFORNICUS.                        
                           BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
                                                  RAIL, LIGHT-FOOTED CLAPPER  Rallus longirostris         IR        
                                                                               levipes.                             
                                                  TERN, CALIFORNIA LEAST....  Sterna antillarum browni..  IR        
                           CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                                  SHRIMP, CONSERVANCY FAIRY.  BRANCINECTA CONSERVATIO...  IR        
                           PLANTS...............  BIRD'S-BEAK, SALT MARSH...  Cordylanthus maritimus       IR       
                                                                               ssp. mariti.                         
                                                  GRASS, CALIFORNIA ORCUTT..  ORCUTTIA CALIFORNICA......  IR        
                                                  WATERCRESS, GAMBEL'S......  RORIPPA GAMBELLII.........  IR        
    YOLO.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
                           CRUSTACEAN...........   SHRIMP, VERNAL POOL        LEPIDURUS PACKARDI........  IR        
                                                   TADPOLE.                                                         
                           FISHES...............  SALMON, CHINOOK (WINTER-    ONCORHYNCHUS TSHAWYTSCHA..  IR        
                                                   RUN).                                                            
                                                  SMELT, DELTA..............  HYPOMESUS TRANSPACIFICUS..  IR        
    YUBA.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                           CRUSTACEAN...........   LINDERIELLA, CALIFORNIA..  LINDERIELLA OCCIDENTALIS..  IR        
                                                  SHRIMP, VERNAL POOL FAIRY.  BRANCHINECTA LYNCHI.......  IR        
                                                  SHRIMP, VERNAL POOL         LEPIDURUS PACKARDI........  IR        
                                                   TADPOLE.                                                         
                                                                                                                    
           COLORADO                                                                                                 
                                                                                                                    
    ADAMS................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    ALAMOSA..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    ARCHULETA............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    BACA.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    BENT.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    
    [[Page 51286]]
                                                                                                                    
    BOULDER..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                           FISHES...............  TROUT, GREENBACK CUTTHROAT  Salmo clarki stomias......  IR        
                           PLANTS...............  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
    CHAFFEE..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    CHEYENNE.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    CLEAR CREEK..........  FISHES...............  TROUT, GREENBACK CUTTHROAT  Salmo clarki stomias......  IR        
    CONEJOS..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    COSTILLA.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
    CUSTER...............  FISHES...............  TROUT, GREENBACK CUTTHROAT  Salmo clarki stomias......  IR        
    DELTA................  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                                  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
    DOLORES..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    DOUGLAS..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  TROUT, GREENBACK CUTTHROAT  Salmo clarki stomias......  IR        
    EAGLE................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    EL PASO..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  TROUT, GREENBACK CUTTHROAT  Salmo clarki stomias......  IR        
    FREMONT..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    GARFIELD.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                                  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
    GRAND................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    GUNNISON.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    HINSDALE.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    HUERFANO.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  TROUT, GREENBACK CUTTHROAT  Salmo clarki stomias......  IR        
    JACKSON..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    JEFFERSON............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           PLANTS...............  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
    KIOWA................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    LA PLATA.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    LAKE.................  FISHES...............  TROUT, GREENBACK CUTTHROAT  Salmo clarki stomias......  IR        
    LARIMER..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  TROUT, GREENBACK CUTTHROAT  Salmo clarki stomias......  IR        
    LAS ANIMAS...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    LINCOLN..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    LOGAN................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    MESA.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                                  CHUB, HUMPBACK............  Gila cypha................  IR        
                                                  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                                  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
    MOFFAT...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                                  CHUB, HUMPBACK............  Gila cypha................  IR        
                                                  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                                  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
    MONTEZUMA............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
    MONTROSE.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    MORGAN...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           PLANTS...............  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
    OTERO................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    OURAY................  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    PARK.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  TROUT, GREENBACK CUTTHROAT  Salmo clarki stomias......  IR        
                           PLANTS...............  MUSTARD, PENLAND ALPINE     Eutrema penlandii.........  IR        
                                                   FEN.                                                             
    PROWERS..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    PUEBLO...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    
    [[Page 51287]]
                                                                                                                    
    RIO BLANCO...........  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
    RIO GRANDE...........  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    ROUTT................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    SAGUACHE.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    SAN JUAN.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    SAN MIGUEL...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    SEDGWICK.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    SUMMIT...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           PLANTS...............  MUSTARD, PENLAND ALPINE     Eutrema penlandii.........  IR        
                                                   FEN.                                                             
    WASHINGTON...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    WELD.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           PLANTS...............  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
    YUMA.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           .....................  ..........................  ..........................            
                                                                                                                    
         CONNECTICUT                                                                                                
                                                                                                                    
    FAIRFIELD............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  PLOVER, PIPING............  +haradrius melodus........  IR        
    HARTFORD.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....  IR        
    LITCHFIELD...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    MIDDLESEX............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  PLOVER, PIPING............  +haradrius melodus........  IR        
                           FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....  IR        
    NEW HAVEN............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  PLOVER, PIPING............  +haradrius melodus........  IR        
                                                  TERN, ROSEATE.............  Sterna dougalli dougalli..  IR        
    NEW LONDON...........  BIRDS................  PLOVER, PIPING............  +haradrius melodus........  IR        
    WINDHAM..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                                                                                    
     DISTRICT OF COLUMBIA                                                                                           
                                                                                                                    
    DISTRICT OF COLUMBIA.   BIRDS...............  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           CRUSTACEAN...........   AMPHIPOD, HAY'S SPRING...  Stygobromus hayi..........            
                                                                                                                    
           DELAWARE                                                                                                 
                                                                                                                    
    KENT.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  FF        
                           FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....  FF        
                           PLANTS...............  PINK, SWAMP...............  Helonias bullata..........  FF        
                           REPTILES.............  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....  FF        
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......  FF        
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........  FF        
    NEW CASTLE...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  FF        
                           FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....  FF        
                           PLANTS...............  PINK, SWAMP...............  Helonias bullata..........  FF        
    SUSSEX...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  FF        
                                                  PLOVER, PIPING............  +haradrius melodus........  FF        
                           PLANTS...............  PINK, SWAMP...............  Helonias bullata..........  FF        
                           REPTILES.............  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......  FF        
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........  FF        
                                                                                                                    
           FLORIDA                                                                                                  
                                                                                                                    
    ALACHUA..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  STORK, WOOD...............  Mycteria americana........            
                           CRUSTACEAN...........   SHRIMP, SQUIRREL CHIMNEY   Palaemonetes cummingi.....            
                                                   CAVE.                                                            
    BAKER................  BIRDS................  STORK, WOOD...............  Mycteria americana........            
    BAY..................  BIRDS................  PLOVER, PIPING............  +haradrius melodus........            
                                                  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           PLANTS...............  BUTTERWORT, GODFREY'S.....  PINGUICULA IONANTHA.......            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
    
    [[Page 51288]]
                                                                                                                    
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    BRADFORD.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  STORK, WOOD...............  Mycteria americana........            
    BREVARD..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  STORK, WOOD...............  Mycteria americana........            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           PLANTS...............  SEAGRASS, JOHNSON'S.......  Halophila johnsonii.......            
                           REPTILES.............  SNAKE, ATLANTIC SALT MARSH  Nerodia fasciata taeniata.            
                                                  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    BROWARD..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                               plumbeus.                            
                                                  STORK, WOOD...............  Mycteria americana........            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           PLANTS...............  SEAGRASS, JOHNSON'S.......  Halophila johnsonii.......            
                           REPTILES.............  CROCODILE, AMERICAN.......  Crocodylus acutus.........            
                                                  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    CALHOUN..............  BIRDS................  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
    CHARLOTTE............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  STORK, WOOD...............  Mycteria americana........            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    CITRUS...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                               plumbeus.                            
                                                  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    CLAY.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
    COLLIER..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                               plumbeus.                            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  STORK, WOOD...............  Mycteria americana........            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  CROCODILE, AMERICAN.......  Crocodylus acutus.........            
                                                  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    COLUMBIA.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
    DADE.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                               plumbeus.                            
    
    [[Page 51289]]
                                                                                                                    
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  STORK, WOOD...............  Mycteria americana........            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           PLANTS...............  SEAGRASS, JOHNSON'S.......  Halophila johnsonii.......            
                           REPTILES.............  CROCODILE, AMERICAN.......  Crocodylus acutus.........            
                                                  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    DE SOTO..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  STORK, WOOD...............  Mycteria americana........            
    DIXIE................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    DUVAL................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    ESCAMBIA.............  BIRDS................  PLOVER, PIPING............  +haradrius melodus........            
                                                  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    FLAGLER..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  STORK, WOOD...............  Mycteria americana........            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    FRANKLIN.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
                           PLANTS...............  BEAUTY, HARPER'S..........  Harperocallis flava.......            
                                                  BUTTERWORT, GODFREY'S.....  PINGUICULA IONANTHA.......            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    GADSDEN..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
    GILCHRIST............  BIRDS................  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
    GLADES...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                               plumbeus.                            
                                                  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
    
    [[Page 51290]]
                                                                                                                    
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
    GULF.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           PLANTS...............  BUTTERWORT, GODFREY'S.....  PINGUICULA IONANTHA.......            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    HAMILTON.............  BIRDS................  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
    HARDEE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  STORK, WOOD...............  Mycteria americana........            
    HENDRY...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                               plumbeus.                            
                                                  STORK, WOOD...............  Mycteria americana........            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
    HERNANDO.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  STORK, WOOD...............  Mycteria americana........            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           PLANTS...............  BELLFLOWER, BROOKSVILLE...  Campanula robinsiae.......            
                                                  WATER-WILLOW, COOLEY'S....  Justicia cooleyi..........            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    HIGHLANDS............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                               plumbeus.                            
                                                  STORK, WOOD...............  Mycteria americana........            
    HILLSBOROUGH.........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    HOLMES...............  BIRDS................  STORK, WOOD...............  Mycteria americana........            
    INDIAN RIVER.........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                               plumbeus.                            
                                                  STORK, WOOD...............  Mycteria americana........            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           PLANTS...............  SEAGRASS, JOHNSON'S.......  Halophila johnsonii.......            
                           REPTILES.............  SNAKE, ATLANTIC SALT MARSH  Nerodia fasciata taeniata.            
                                                  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    JACKSON..............  BIRDS................  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
    JEFFERSON............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
                           PLANTS...............  GOOSEBERRY, MICCOSUKEE      Ribes echinellum..........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    LAFAYETTE............  BIRDS................  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
    
    [[Page 51291]]
                                                                                                                    
    LAKE.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                               plumbeus.                            
                                                  STORK, WOOD...............  Mycteria americana........            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
    LEE..................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                               plumbeus.                            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  STORK, WOOD...............  Mycteria americana........            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  CROCODILE, AMERICAN.......  Crocodylus acutus.........            
                                                  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    LEON.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  STORK, WOOD...............  Mycteria americana........            
    LEVY.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    LIBERTY..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
                           PLANTS...............  BEAUTY, HARPER'S..........  Harperocallis flava.......            
                                                  BUTTERWORT, GODFREY'S.....  PINGUICULA IONANTHA.......            
    MADISON..............  BIRDS................  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
    MANATEE..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    MARION...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                               plumbeus.                            
                                                  STORK, WOOD...............  Mycteria americana........            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
    MARTIN...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                               plumbeus.                            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  STORK, WOOD...............  Mycteria americana........            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           PLANTS...............  SEAGRASS, JOHNSON'S.......  Halophila johnsonii.......            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    MONROE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                               plumbeus.                            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  STORK, WOOD...............  Mycteria americana........            
                                                  TERN, ROSEATE.............  Sterna dougalli dougalli..            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  CROCODILE, AMERICAN.......  Crocodylus acutus.........            
                                                  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
    
    [[Page 51292]]
                                                                                                                    
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    NASSAU...............  BIRDS................  STORK, WOOD...............  Mycteria americana........            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    OKALOOSA.............  BIRDS................  PLOVER, PIPING............  +haradrius melodus........            
                                                  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  DARTER, OKALOOSA..........  Etheostoma okaloosae......            
                                                  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    OKEECHOBEE...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                               plumbeus.                            
                                                  STORK, WOOD...............  Mycteria americana........            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
    ORANGE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                               plumbeus.                            
                                                  STORK, WOOD...............  Mycteria americana........            
    OSCEOLA..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                               plumbeus.                            
                                                  STORK, WOOD...............  Mycteria americana........            
    PALM BEACH...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                               plumbeus.                            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  STORK, WOOD...............  Mycteria americana........            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           PLANTS...............  GOURD, OKEECHOBEE.........  CUCURBITA OKEECHEOBEENSIS.            
                                                  SEAGRASS, JOHNSON'S.......  Halophila johnsonii.......            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    PASCO................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    PINELLAS.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    POLK.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                               plumbeus.                            
                                                  STORK, WOOD...............  Mycteria americana........            
    PUTNAM...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....            
    
    [[Page 51293]]
                                                                                                                    
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
    SANTA ROSA...........  BIRDS................  PLOVER, PIPING............  +haradrius melodus........            
                                                  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    SARASOTA.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  STORK, WOOD...............  Mycteria americana........            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    SEMINOLE.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  STORK, WOOD...............  Mycteria americana........            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
    ST. JOHNS............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  STORK, WOOD...............  Mycteria americana........            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    ST. LUCIE............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                               plumbeus.                            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  STORK, WOOD...............  Mycteria americana........            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           PLANTS...............  SEAGRASS, JOHNSON'S.......  Halophila johnsonii.......            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    SUMTER...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                               plumbeus.                            
                                                  STORK, WOOD...............  Mycteria americana........            
    SUWANNEE.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
    TAYLOR...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    UNION................  BIRDS................  STORK, WOOD...............  Mycteria americana........            
    VOLUSIA..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  KITE, EVERGLADE SNAIL.....  Rostrhamus sociabilis                 
                                                                               plumbeus.                            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  STORK, WOOD...............  Mycteria americana........            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  SNAKE, ATLANTIC SALT MARSH  Nerodia fasciata taeniata.            
                                                  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
    
    [[Page 51294]]
                                                                                                                    
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    WAKULLA..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    WALTON...............  BIRDS................  PLOVER, PIPING............  +haradrius melodus........            
                                                  STORK, WOOD...............  Mycteria americana........            
                           FISHES...............  DARTER, OKALOOSA..........  Etheostoma okaloosae......            
                                                  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
                           PLANTS...............  MEADOWRUE, COOLEY'S.......  Thalictrum cooleyi........            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    WASHINGTON...........  BIRDS................  STORK, WOOD...............  Mycteria americana........            
                                                                                                                    
            IDAHO                                                                                                   
                                                                                                                    
    ADA..................  FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                                   RIVER SPRING.                                                    
    ADAMS................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                                   RIVER SPRING.                                                    
    BANNOCK..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    BEAR LAKE............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    BENEWAH..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    BINGHAM..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    BLAINE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  SALMON, CHINOOK...........  ONCORHYNCHUS TSHAWSTSCHA..            
                                                  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                                   RIVER SPRING.                                                    
                                                  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........            
                                                   SOCKEYE.                                                         
    BOISE................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    BONNER...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.                   
                                                                               horribilis).                         
    BONNEVILLE...........  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    BOUNDARY.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.                   
                                                                               horribilis).                         
    BUTTE................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    CAMAS................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    CANYON...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                                   RIVER SPRING.                                                    
    CARIBOU..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    CASSIA...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                                   RIVER SPRING.                                                    
    CLARK................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    CLEARWATER...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  SALMON, CHINOOK...........  ONCORHYNCHUS TSHAWSTSCHA..            
                                                  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                                   RIVER SPRING.                                                    
                           MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.                   
                                                                               horribilis).                         
    CUSTER...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  SALMON, CHINOOK...........  ONCORHYNCHUS TSHAWSTSCHA..            
                                                  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                                   RIVER SPRING.                                                    
                                                  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........            
                                                   SOCKEYE.                                                         
    ELMORE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           CLAMS................  LIMPET, BANBURY SPRINGS...  Lanx n. sp................            
                           FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                                   RIVER SPRING, SUMMER).                                           
    
    [[Page 51295]]
                                                                                                                    
                           SNAILS...............  SNAIL, BLISS RAPIDS.......  Family Hydrobiidae n. sp..            
                                                  SNAIL, SNAKE RIVER PHYSA..  Physa natricina...........            
                                                  SNAIL, UTAH VALVATA.......  Valvata utahensis.........            
                                                  SPRINGSNAIL, IDAHO........  Fontelicella idahoensis...            
    FRANKLIN.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    FREMONT..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.                   
                                                                               horribilis).                         
    GEM..................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    GOODING..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           CLAMS................  LIMPET, BANBURY SPRINGS...  Lanx n. sp................            
                           FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                                   RIVER SPRING, SUMMER).                                           
                           SNAILS...............  SNAIL, BLISS RAPIDS.......  Family Hydrobiidae n. sp..            
                                                  SNAIL, SNAKE RIVER PHYSA..  Physa natricina...........            
                                                  SNAIL, UTAH VALVATA.......  Valvata utahensis.........            
    IDAHO................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  SALMON, CHINOOK...........  ONCORHYNCHUS TSHAWSTSCHA..            
                                                  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                                   RIVER SPRING, SUMMER).                                           
                                                  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........            
                                                   SOCKEYE.                                                         
                           MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.                   
                                                                               horribilis).                         
    JEFFERSON............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    JEROME...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                                   RIVER SPRING, SUMMER).                                           
    KOOTENAI.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           PLANTS...............  HOWELLIA, WATER...........  HOWELLIA AQUATILIS........            
    LATAH................  PLANTS...............  HOWELLIA, WATER...........  HOWELLIA AQUATILIS........            
    LEMHI................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  SALMON, CHINOOK...........  ONCORHYNCHUS TSHAWSTSCHA..            
                                                  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                                   RIVER SPRING, SUMMER).                                           
    LEWIS................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  SALMON, CHINOOK...........  ONCORHYNCHUS TSHAWSTSCHA..            
                                                  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                                   RIVER SPRING, SUMMER).                                           
                                                  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........            
                                                   SOCKEYE.                                                         
    MADISON..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    MINIDOKA.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                                   RIVER SPRING, SUMMER).                                           
    NEZ PERCE............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  SALMON, CHINOOK...........  ONCORHYNCHUS TSHAWSTSCHA..            
                                                  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                                   RIVER SPRING, SUMMER).                                           
                                                  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........            
                                                   SOCKEYE.                                                         
    OWYHEE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                                   RIVER SPRING, SUMMER).                                           
                           SNAILS...............  SNAIL, BRUNEAU HOT SPRINGS  Bruneau Hot Springs snail             
                                                                               (Genus/s.                            
                                                  SNAIL, SNAKE RIVER PHYSA..  Physa natricina...........            
                                                  SPRINGSNAIL, IDAHO........  Fontelicella idahoensis...            
    PAYETTE..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                                   RIVER SPRING, SUMMER).                                           
    POWER................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                                   RIVER SPRING, SUMMER).                                           
                           SNAILS...............  SNAIL, UTAH VALVATA.......  Valvata utahensis.........            
    SHOSHONE.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.                   
                                                                               horribilis).                         
    TETON................  MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.                   
                                                                               horribilis).                         
    TWIN FALLS...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                                   RIVER SPRING, SUMMER).                                           
                           SNAILS...............  SNAIL, SNAKE RIVER PHYSA..  Physa natricina...........            
    VALLEY...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  SALMON, CHINOOK...........  ONCORHYNCHUS TSHAWSTSCHA..            
                                                  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                                   RIVER SPRING, SUMMER).                                           
    WASHINGTON...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    
    [[Page 51296]]
                                                                                                                    
                           FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.            
                                                   RIVER SPRING, SUMMER).                                           
                           .....................  ..........................  ..........................            
                                                                                                                    
          LOUISIANA                                                                                                 
                                                                                                                    
                           .....................  ..........................  ..........................            
    ASCENSION............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           CLAMS................  HEELSPLITTER, INFLATED....  POTAMILUS INFLATUS........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
                                                  STURGEON, PALLID..........  Scaphirhynchus albus......            
    ASSUMPTION...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    AVOYELLES............  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
    BIENVILLE............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    BOSSIER..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
    CADDO................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
    CALDWELL.............  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
    CAMERON..............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           REPTILES.............  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
    CATAHOULA............  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
    CLAIBORNE............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    CONCORDIA............  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
    DE SOTO..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    EAST BATON ROUGE.....  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           CLAMS................  HEELSPLITTER, INFLATED....  POTAMILUS INFLATUS........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
                                                  STURGEON, PALLID..........  Scaphirhynchus albus......            
    EAST CARROLL.........  BIRDS................  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                           BIRDS................  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
                           FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
    FRANKLIN.............  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
    GRANT................  CLAMS................  PEARLSHELL, LOUISIANA.....  Margaritifera hembeli.....            
                           FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
    IBERIA...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PELICAN, BROWN............  Pelicanus occidentalis....            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
    IBERVILLE............  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
    JEFFERSON............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PELICAN, BROWN............  Pelicanus occidentalis....            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
                           REPTILES.............  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
    LA SALLE.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    LAFOURCHE............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PELICAN, BROWN............  Pelicanus occidentalis....            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           REPTILES.............  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
    LIVINGSTON...........  CLAMS................  HEELSPLITTER, INFLATED....  POTAMILUS INFLATUS........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
    MADISON..............  BIRDS................  TERN, CALIFORNIA LEAST....  Sterna antillarum browni..            
                           FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
    MOREHOUSE............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
    NATCHITOCHES.........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
    ORLEANS..............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
                                                  STURGEON, PALLID..........  Scaphirhynchus albus......            
    OUACHITA.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
    PLAQUEMINES..........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PELICAN, BROWN............  Pelicanus occidentalis....            
    
    [[Page 51297]]
                                                                                                                    
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    POINTE COUPEE........  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
    RAPIDES..............  CLAMS................  PEARLSHELL, LOUISIANA.....  Margaritifera hembeli.....            
                           FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
    RED RIVER............  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
    RICHLAND.............  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
    SABINE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    ST. BERNARD..........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PELICAN, BROWN............  Pelicanus occidentalis....            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
                                                  STURGEON, PALLID..........  Scaphirhynchus albus......            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    ST. CHARLES..........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
                                                  STURGEON, PALLID..........  Scaphirhynchus albus......            
    ST. JAMES............  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
    ST. JOHN THE BAPTIST.  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
                                                  STURGEON, PALLID..........  Scaphirhynchus albus......            
    ST. LANDRY...........  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
    ST. MARTIN...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
    ST. MARY.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PELICAN, BROWN............  Pelicanus occidentalis....            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
                           REPTILES.............  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
    ST. TAMMANY..........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PELICAN, BROWN............  Pelicanus occidentalis....            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
                           REPTILES.............  TURTLE, RINGED SAWBACK....  Graptemys oculifera.......            
    TANGIPAHOA...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
    TENSAS...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
    TERREBONNE...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PELICAN, BROWN............  Pelicanus occidentalis....            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           REPTILES.............  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
    UNION................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    VERMILION............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           REPTILES.............  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
    WASHINGTON...........  FISHES...............  STURGEON, GULF............  Acipenser oxyrhynchus                 
                                                                               desotoi.                             
                           REPTILES.............  TURTLE, RINGED SAWBACK....  Graptemys oculifera.......            
    WEBSTER..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    WEST BATON ROUGE.....  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
    WEST CARROLL.........  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
    WEST FELICIANA.......  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
    WINN.................  FISHES...............  STURGEON, PALLID..........  Scaphirhynchus albus......            
                                                                                                                    
        MASSACHUSETTS                                                                                               
                                                                                                                    
    BARNSTABLE...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, ROSEATE.............  Sterna dougalli dougalli..            
                           REPTILES.............  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
    
    [[Page 51298]]
                                                                                                                    
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    BRISTOL..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....            
                           REPTILES.............  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    DUKES................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           REPTILES.............  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    ESSEX................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....            
                           REPTILES.............  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    FRANKLIN.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....            
                           PLANTS...............  BULRUSH, NORTHEASTERN       Scirpus ancistrochaetus...            
                                                   (=BARBED BRISTLE.                                                
    HAMPDEN..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....            
    HAMPSHIRE............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....            
    MIDDLESEX............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    NANTUCKET............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           REPTILES.............  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    NORFOLK..............  REPTILES.............  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    PLYMOUTH.............  BIRDS................  CURLEW, ESKIMO............  Numenius borealis.........            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, ROSEATE.............  Sterna dougalli dougalli..            
                           REPTILES.............  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
                                                  TURTLE, PLYMOUTH RED-       Pseudemys (Chrysemys)                 
                                                   BELLIED.                    rubriventris.                        
    SUFFOLK..............  REPTILES.............  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    WORCESTER............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                                                                                    
            MAINE                                                                                                   
                                                                                                                    
    ANDROSCOGGIN.........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    AROOSTOOK............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           PLANTS...............  ORCHID, EASTERN PRAIRIE     Platanthera leucophaea....            
                                                   FRINGED.                                                         
    CUMBERLAND...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....            
    HANCOCK..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    KENNEBEC.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    KNOX.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    LINCOLN..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    PENOBSCOT............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    PISCATAQUIS..........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    SAGADAHOC............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....            
    SOMERSET.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    WALDO................  FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....            
    WASHINGTON...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, ROSEATE.............  Sterna dougalli dougalli..            
    YORK.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    
    [[Page 51299]]
                                                                                                                    
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                                                                                    
       NORTHERN MARIANA                                                                                             
           ISLANDS                                                                                                  
                                                                                                                    
    WORCESTER............  BIRDS................  MALLARD, MARIANA..........  Anas oustaleti............            
                                                  MEGAPODE, MICRONESIAN (LA   Megapodius laperouse......            
                                                   PEROUSE'S).                                                      
                           REPTILES.............  CROCODILE, SALTWATER......  CROCODYLUS POROSUS........            
                                                                                                                    
        NEW HAMPSHIRE                                                                                               
                                                                                                                    
    BELKNAP..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    CHESHIRE.............  CLAMS................  MUSSEL, DWARF WEDGE.......  Alasmidonta heterodon.....            
    COOS.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    GRAFTON..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    HILLSBOROUGH.........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    MERRIMACK............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    ROCKINGHAM...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    SULLIVAN.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           CLAMS................  MUSSEL, DWARF WEDGE.......  Alasmidonta heterodon.....            
                           PLANTS...............  MILK-VETCH, JESUP'S.......  Astragalus robbinsii var.             
                                                                               jesupi.                              
                                                  ..........................  ..........................            
                                                                                                                    
          NEW MEXICO                                                                                                
                                                                                                                    
                                                  ..........................  ..........................            
    BERNALILLO...........  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  MINNOW, RIO GRANDE SILVERY  HYBOGNATHUS AMARUS........            
    CATRON...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  MINNOW, LOACH.............  Tiaroga cobitis...........            
                                                  SPIKEDACE.................  Meda fulgida..............            
                                                  TROUT, GILA...............  Salmo gilae...............            
    CHAVES...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
                           FISHES...............  GAMBUSIA, PECOS...........  Gambusia nobilis..........            
                                                  SHINER, PECOS BLUNTNOSE...  Notropis simus peconsensis            
    COLFAX...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    CURRY................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    DE BACA..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  SHINER, PECOS BLUNTNOSE...  Notropis simus peconsensis            
    DONA ANA.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    EDDY.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
                           FISHES...............  GAMBUSIA, PECOS...........  Gambusia nobilis..........            
                                                  SHINER, PECOS BLUNTNOSE...  Notropis simus peconsensis            
    GRANT................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  CHUB, CHIHUAHUA...........  Gila nigrescens...........            
                                                  MINNOW, LOACH.............  Tiaroga cobitis...........            
                                                  SHINER, BEAUTIFUL.........  Notropis formosus.........            
                                                  SPIKEDACE.................  Meda fulgida..............            
                                                  TOPMINNOW, GILA (YAQUI)...  Poeciliopsis occidentalis.            
                                                  TROUT, GILA...............  Salmo gilae...............            
    GUADALUPE............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    HARDING..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    HIDALGO..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  SPIKEDACE.................  Meda fulgida..............            
    LEA..................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    LINCOLN..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    LOS ALAMOS...........  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    LUNA.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    
    [[Page 51300]]
                                                                                                                    
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  SHINER, BEAUTIFUL.........  Notropis formosus.........            
    MCKINLEY.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    MORA.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    OTERO................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           PLANTS...............  THISTLE, SACRAMENTO         Cirsium vinaceum..........            
                                                   MOUNTAINS.                                                       
    OTHER-999............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    QUAY.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    RIO ARRIBA...........  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    ROOSEVELT............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    SAN JUAN.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......            
                                                  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........            
    SAN MIGUEL...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    SANDOVAL.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  MINNOW, RIO GRANDE SILVERY  HYBOGNATHUS AMARUS........            
    SANTA FE.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    SIERRA...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  TROUT, GILA...............  Salmo gilae...............            
    SOCORRO..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
                           CRUSTACEAN...........  ISOPOD, SOCORRO...........  Thermosphaeroma                       
                                                                               (=Exosphaeroma)                      
                                                                               thermophilus.                        
                           FISHES...............  MINNOW, RIO GRANDE SILVERY  HYBOGNATHUS AMARUS........            
                           SNAILS...............  SPRINGSNAIL, ALAMOSA......  Tryonia alamosae..........            
                                                  SPRINGSNAIL, SOCORRO......  Pyrgulopsis neomexicana...            
    TAOS.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                           BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    TORRANCE.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    UNION................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    VALENCIA.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                           BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  MINNOW, RIO GRANDE SILVERY  HYBOGNATHUS AMARUS........            
                                                                                                                    
            NEVADA                                                                                                  
                                                                                                                    
    CARSON CITY..........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    CHURCHILL............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    CLARK................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                                                  RAIL, YUMA CLAPPER........  Rallus longirostris         IR        
                                                                               yumanensis.                          
                           FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                                  CHUB, VIRGIN RIVER........  Gila robusta seminuda.....  IR        
                                                  DACE, MOAPA...............  Moapa coriacea............  IR        
                                                  KILLIFISH, PAHRUMP........  EMPETRICHYTHYS LATOS......  IR        
                                                  PUPFISH, DEVILS HOLE......  Cyprinodon diabolis.......  IR        
                                                  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
                                                  WOUNDFIN..................  Plagopterus argentissimus.  IR        
    DOUGLAS..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    ELKO.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  DACE, CLOVER VALLEY         Rhinichthys osculus         IR        
                                                   SPECKLED.                   oligoporous.                         
                                                  DACE, INDEPENDENCE VALLEY   Rhinichthys osculus         IR        
                                                   SPECKLED.                   lethoporous.                         
                                                  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
    EUREKA...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
    HUMBOLDT.............  FISHES...............  DACE, DESERT..............  Eremichthys acros.........  IR        
                                                  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
    LANDER...............  FISHES...............  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
    LINCOLN..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  CHUB, PAHRANAGAT ROUNDTAIL  Gila robusta jordani......  IR        
                                                  SPINEDACE, BIG SPRING.....  Lepidomeda mollispinis      IR        
                                                                               pratensis.                           
                                                  SPRINGFISH, HIKO WHITE      Crenichthys baileyi         IR        
                                                   RIVER.                      grandis.                             
                                                  SPRINGFISH, WHITE RIVER...  Crenichthys baileyi         IR        
                                                                               baileyi.                             
    
    [[Page 51301]]
                                                                                                                    
                           PLANTS...............  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
    LYON.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    MINERAL..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  SPRINGFISH, HIKO WHITE      Crenichthys baileyi         IR        
                                                   RIVER.                      grandis.                             
                                                  SPRINGFISH, RAILROAD        Crenichthys nevadae.......  IR        
                                                   VALLEY.                                                          
                                                  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
                           PLANTS...............  MILK-VETCH, SODAVILLE.....  ASTRAGALUS LENTIGINOSUS      IR       
                                                                               VAR. SESLQ MIMETRALIS.               
    NYE..................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  POOLFISH, PAHRUMP.........  Empetrichthys latos.......  IR        
                                                  PUPFISH, ASH MEADOWS        Cyprinodon nevadensis       IR        
                                                   AMARGOSA.                   mionectes.                           
                                                  PUPFISH, DEVILS HOLE......  Cyprinodon diabolis.......  IR        
                                                  PUPFISH, WARM SPRINGS.....  Cyprinodon nevadensis       IR        
                                                                               pectoralis.                          
                                                  SPINEDACE, WHITE RIVER....  Lepidomeda albivallis.....  IR        
                                                  SPRINGFISH, RAILROAD        Crenichthys nevadae.......  IR        
                                                   VALLEY.                                                          
                                                  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
                           INSECTS..............  NAUCORID, ASH MEADOWS.....  Ambrysus amargosus........  IR        
                           PLANTS...............  CENTAURY, SPRING-LOVING...  Centaurium namophilum var.  IR        
                                                                               namophilum.                          
                                                  GUMPLANT, ASH MEADOWS.....  Grindelia fraxinopratensis  IR        
                                                  IVESIA, ASH MEADOWS.......  Ivesia kingii var. eremica  IR        
    PERSHING.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    STOREY...............  FISHES...............  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
    WASHOE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  CUI-UI....................  Chasmistes cujus..........  IR        
                                                  SUCKER, WARNER............  Catostomus warnerensis....  IR        
                                                  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
                           PLANTS...............  BUCKWHEAT, STEAMBOAT......  Eriogonum ovalifolium var.  IR        
                                                                               williamsiae.                         
    WHITE PINE...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  KILLIFISH, PAHRUMP........  EMPETRICHYTHYS LATOS......  IR        
                                                  SPINEDACE, WHITE RIVER....  Lepidomeda albivallis.....  IR        
                                                                                                                    
           OKLAHOMA                                                                                                 
                                                                                                                    
    ADAIR................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    ALFALFA..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    ATOKA................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    BEAVER...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    BECKHAM..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    BLAINE...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    BRYAN................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
                           REPTILES.............  ALLIGATOR, AMERICAN.......  Alligator mississippiensis            
    CADDO................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    CANADIAN.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    
    [[Page 51302]]
                                                                                                                    
    CARTER...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    CHEROKEE.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    CHOCTAW..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           PLANTS...............  ORCHID, EASTERN PRAIRIE     Platanthera leucophaea....            
                                                   FRINGED.                                                         
    CIMARRON.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
                           FISHES...............  SHINER, ARKANSAS RIVER....  NOTROPIS GIRARDI..........            
    CLEVELAND............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    COMANCHE.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    COTTON...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    CRAIG................  FISHES...............  CAVEFISH, OZARK...........  Amblyopsis rosae..........            
                                                  MADTOM, NEOSHO............  Noturus placidus..........            
                           PLANTS...............  ORCHID, WESTERN PRAIRIE     Platanthera praeclara.....            
                                                   FRINGED.                                                         
    CREEK................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    CUSTER...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    DELAWARE.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  CAVEFISH, OZARK...........  Amblyopsis rosae..........            
    DEWEY................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    ELLIS................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    GARFIELD.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    GARVIN...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    GRADY................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    
    [[Page 51303]]
                                                                                                                    
    GRANT................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    GREER................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    HARMON...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    HARPER...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    HASKELL..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    HUGHES...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    JACKSON..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    JEFFERSON............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    JOHNSTON.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    KAY..................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    KINGFISHER...........  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    KIOWA................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    LE FLORE.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
                           CLAMS................  ROCK-POCKETBOOK, OUACHITA.  Arkansia (=Arcidens)                  
                                                                               wheeleri.                            
    
    [[Page 51304]]
                                                                                                                    
                                                  ROCK-POCKETBOOK, OUACHITA    Arkansia (=Arcidens)                 
                                                   (=WHEELER'S PM).            wheeleri.                            
                           FISHES...............  DARTER, LEOPARD...........  Percina pantherina........            
    LINCOLN..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    LOGAN................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    LOVE.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    MAJOR................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    MARSHALL.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    MAYES................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  CAVEFISH, OZARK...........  Amblyopsis rosae..........            
    MCCLAIN..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    MCCURTAIN............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
                           FISHES...............  DARTER, LEOPARD...........  Percina pantherina........            
                           REPTILES.............  ALLIGATOR, AMERICAN.......  Alligator mississippiensis            
    MCINTOSH.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    MURRAY...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    MUSKOGEE.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    NOBLE................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    NOWATA...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
    OKLAHOMA.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    
    [[Page 51305]]
                                                                                                                    
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    OSAGE................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  CURLEW, ESKIMO............  Numenius borealis.........            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    OTTAWA...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  CAVEFISH, OZARK...........  Amblyopsis rosae..........            
                                                  MADTOM, NEOSHO............  Noturus placidus..........            
    PAWNEE...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    PAYNE................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    PITTSBURG............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    PONTOTOC.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    POTTAWATOMIE.........  BIRDS................  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    PUSHMATAHA...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           CLAMS................  ROCK-POCKETBOOK, OUACHITA.  Arkansia (=Arcidens)                  
                                                                               wheeleri.                            
                                                  ROCK-POCKETBOOK, OUACHITA   Arkansia (=Arcidens)                  
                                                   (=WHEELER'S PM).            wheeleri.                            
                           FISHES...............  DARTER, LEOPARD...........  Percina pantherina........            
    ROGER MILLS..........  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    ROGERS...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
                           PLANTS...............  ORCHID, WESTERN PRAIRIE     Platanthera praeclara.....            
                                                   FRINGED.                                                         
    SEMINOLE.............  BIRDS................  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    SEQUOYAH.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
    
    [[Page 51306]]
                                                                                                                    
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    STEPHENS.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    TEXAS................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    TILLMAN..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    TULSA................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    WAGONER..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    WASHINGTON...........  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
    WASHITA..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    WOODS................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  CURLEW, ESKIMO............  Numenius borealis.........            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    WOODWARD.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
                                                  ..........................  ..........................            
                                                                                                                    
            OREGON                                                                                                  
                                                                                                                    
    BAKER................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                           FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.  IR        
                                                   RIVER SPRING/SUMMER.                                             
    BENTON...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
                           FISHES...............  CHUB, OREGON..............  OREGONICHTHYS CRAMERI.....  IR        
                           PLANTS...............  CHECKER-MALLOW, NELSON'S..  SIDALCEA NELSONIANA.......  IR        
                                                  LOMATIUM, BRADSHAW'S......  Lomatium bradshawii.......  IR        
    CLACKAMAS............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  CHUB, OREGON..............  OREGONICHTHYS CRAMERI.....  IR        
                           PLANTS...............  CHECKER-MALLOW, NELSON'S..  SIDALCEA NELSONIANA.......  IR        
    CLATSOP..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
                           FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR        
                                                   SOCKEYE.                                                         
    
    [[Page 51307]]
                                                                                                                    
    COLUMBIA.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR        
                                                   SOCKEYE.                                                         
    COOS.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
    CROOK................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    CURRY................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
    DESCHUTES............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    DOUGLAS..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
    GILLIAM..............  FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR        
                                                   SOCKEYE.                                                         
    GRANT................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    HARNEY...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  CHUB, BORAX LAKE..........  Gila boraxobius...........  IR        
                                                  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
    HOOD RIVER...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR        
                                                   SOCKEYE.                                                         
    JACKSON..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    JEFFERSON............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    JOSEPHINE............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    KLAMATH..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  SUCKER, LOST RIVER........  Deltistes luxatus.........  IR        
                                                  SUCKER, SHORTNOSE.........  Chasmistes brevirostris...  IR        
    LAKE.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  CHUB, HUTTON TUI..........  Gila bicolor ssp..........  IR        
                                                  DACE, FOSKETT SPECKLED....  Rhinichthys osculus ssp...  IR        
                                                  SUCKER, WARNER............  Catostomus warnerensis....  IR        
    LANE.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
                           FISHES...............  CHUB, OREGON..............  OREGONICHTHYS CRAMERI.....  IR        
                           PLANTS...............  LOMATIUM, BRADSHAW'S......  Lomatium bradshawii.......  IR        
    LINCOLN..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
    LINN.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  CHUB, OREGON..............  OREGONICHTHYS CRAMERI.....  IR        
                           PLANTS...............  CHECKER-MALLOW, NELSON'S..  SIDALCEA NELSONIANA.......  IR        
                                                  LOMATIUM, BRADSHAW'S......  Lomatium bradshawii.......  IR        
    MALHEUR..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.  IR        
                                                   RIVER SPRING/SUMMER.                                             
    MARION...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
                           FISHES...............  CHUB, OREGON..............  OREGONICHTHYS CRAMERI.....  IR        
                           PLANTS...............  CHECKER-MALLOW, NELSON'S..  SIDALCEA NELSONIANA.......  IR        
                                                  LOMATIUM, BRADSHAW'S......  Lomatium bradshawii.......  IR        
    MORROW...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR        
                                                   SOCKEYE.                                                         
    MULTNOMAH............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR        
                                                   SOCKEYE.                                                         
    POLK.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                           FISHES...............  CHUB, OREGON..............  OREGONICHTHYS CRAMERI.....  IR        
    
    [[Page 51308]]
                                                                                                                    
                           PLANTS...............  CHECKER-MALLOW, NELSON'S..  SIDALCEA NELSONIANA.......  IR        
                                                  LOMATIUM, BRADSHAW'S......  Lomatium bradshawii.......  IR        
    SHERMAN..............  FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR        
                                                   SOCKEYE.                                                         
    TILLAMOOK............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR        
                                                                               leucopareia.                         
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR        
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR        
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR        
                                                                               NIVOSUS.                             
                           PLANTS...............  CHECKER-MALLOW, NELSON'S..  SIDALCEA NELSONIANA.......  IR        
    UMATILLA.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR        
                                                   SOCKEYE.                                                         
    UNION................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.  IR        
                                                   RIVER SPRING/SUMMER.                                             
    WALLOWA..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.  IR        
                                                   RIVER SPRING/SUMMER.                                             
                                                  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR        
                                                   SOCKEYE.                                                         
    WASCO................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR        
                                                   SOCKEYE.                                                         
    WASHINGTON...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           PLANTS...............  CHECKER-MALLOW, NELSON'S..  SIDALCEA NELSONIANA.......  IR        
    WHEELER..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    YAMHILL..............  PLANTS...............  CHECKER-MALLOW, NELSON'S..  SIDALCEA NELSONIANA.......  IR        
                                                                                                                    
         PUERTO RICO                                                                                                
                                                                                                                    
    ADJUNTAS.............  AMPHIBIANS...........   COQUI, GOLDEN............  Eleutherodactylus jasperi.            
    AGUADA...............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
    AGUADILLA............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
    ANASCO...............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
    ARECIBO..............  MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           PLANTS...............  PALMA DE MANACA...........  Calyptronoma rivalis......            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
    ARROYA...............  MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
    BARCELONETA..........  REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
    CABO ROJO............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           PLANTS...............  COBANA NEGRA..............  Stahlia monosperma........            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
    CAMUY................  PLANTS...............  PALMA DE MANACA...........  Calyptronoma rivalis......            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
    CAROLINA.............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
    CATANO...............  MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
    CEIBA................  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    CIALES...............  PLANTS...............  FERN, THELYPTERIS           THELYPTERIS INABONENSIS...            
                                                   INABONENSIS.                                                     
                                                  FERN, THELYPTERIS           THELYPTERIS YAUCOENSIS....            
                                                   YAUCOENSIS.                                                      
    COAMO................  AMPHIBIANS...........   TOAD, PUERTO RICAN         Peltophryne lemur.........            
                                                   CRESTED.                                                         
    CULEBRA..............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                                                  TERN, ROSEATE.............  Sterna dougalli dougalli..            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
    
    [[Page 51309]]
                                                                                                                    
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    DORADO...............  AMPHIBIANS...........   TOAD, PUERTO RICAN         Peltophryne lemur.........            
                                                   CRESTED.                                                         
                           BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
    FAJARDO..............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
    GUANICA..............  AMPHIBIANS...........   TOAD, PUERTO RICAN         Peltophryne lemur.........            
                                                   CRESTED.                                                         
                           BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
    GUAYAMA..............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
    GUAYANILLA...........  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
    HATILLO..............  PLANTS...............  FERN, THELYPTERIS           THELYPTERIS VERECUNDA.....            
                                                   VERECUNDA.                                                       
                                                  PALMA DE MANACA...........  Calyptronoma rivalis......            
    HUMACAO..............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                           REPTILES.............  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    ISABELA..............  AMPHIBIANS...........  TOAD, PUERTO RICAN CRESTED  Peltophryne lemur.........            
                           REPTILES.............  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
    JUANA DIAZ...........  MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
    LAJAS................  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                                                  TERN, ROSEATE.............  Sterna dougalli dougalli..            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           PLANTS...............  COBANA NEGRA..............  Stahlia monosperma........            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
    LOIZA................  MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    LUQUILLO.............  MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           PLANTS...............  COBANA NEGRA..............  Stahlia monosperma........            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
    MANATI...............  REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
    MAUNABO..............  MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
    MAYAGUEZ.............  MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
    NAGUABO..............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
    PATILLAS.............  MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
    PENUELAS.............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
    PONCE................  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           PLANTS...............  FERN, THELYPTERIS           THELYPTERIS INABONENSIS...            
                                                   INABONENSIS.                                                     
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
    QUEBRADILLAS.........  AMPHIBIANS...........  TOAD, PUERTO RICAN CRESTED  Peltophryne lemur.........            
                           PLANTS...............  FERN, THELYPTERIS           THELYPTERIS VERECUNDA.....            
                                                   VERECUNDA.                                                       
                                                  PALMA DE MANACA...........  Calyptronoma rivalis......            
    RINCON...............  MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
    RIO GRANDE...........  PLANTS...............  COBANA NEGRA..............  Stahlia monosperma........            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
    SALINAS..............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
    
    [[Page 51310]]
                                                                                                                    
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
    SAN JUAN.............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
    SAN SEBASTIAN........  PLANTS...............  FERN, THELYPTERIS           THELYPTERIS VERECUNDA.....            
                                                   VERECUNDA.                                                       
                                                  PALMA DE MANACA...........  Calyptronoma rivalis......            
    SANTA ISABEL.........  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
    TOA BAJA.............  MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
    UTUADO...............  PLANTS...............  PALMA DE MANACA...........  Calyptronoma rivalis......            
    VEGA ALTA............  MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
    VEGA BAJA............  REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
    VIEQUES..............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                           MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
                           PLANTS...............  COBANA NEGRA..............  Stahlia monosperma........            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    YABUCOA..............  MAMMALS..............  MANATEE, WEST INDIAN        Trichechus manatus........            
                                                   (FLORIDA).                                                       
    YAUCO................  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                           PLANTS...............  FERN, THELYPTERIS           THELYPTERIS YAUCOENSIS....            
                                                   YAUCOENSIS.                                                      
                           REPTILES.............  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                                                                                    
         RHODE ISLAND                                                                                               
                                                                                                                    
    KENT.................  FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....  IR        
    NEWPORT..............  BIRDS................  PLOVER, PIPING............  +haradrius melodus........  IR        
                           FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....  IR        
    WASHINGTON...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                                                  PLOVER, PIPING............  +haradrius melodus........  IR        
                           FISHES...............  STURGEON, SHORTNOSE.......  Acipenser brevirostrum....  IR        
                                                                                                                    
            TEXAS                                                                                                   
                                                                                                                    
    ANDERSON.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    ANGELINA.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    ARANSAS..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  CURLEW, ESKIMO............  Numenius borealis.........            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    ARCHER...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    AUSTIN...............  AMPHIBIANS...........  TOAD, HOUSTON.............  Bufo houstonensis.........            
                           BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    BAILEY...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    BASTROP..............  AMPHIBIANS...........  TOAD, HOUSTON.............  Bufo houstonensis.........            
                           BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    BAYLOR...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    BEE..................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    BELL.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    BEXAR................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    BLANCO...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    BOSQUE...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    BOWIE................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    
    [[Page 51311]]
                                                                                                                    
    BRAZORIA.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PELICAN, BROWN............  Pelicanus occidentalis....            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    BRAZOS...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           PLANTS...............  LADIES'-TRESSES, NAVASOTA.  Spiranthes parksii........            
    BREWSTER.............  FISHES...............  GAMBUSIA, BIG BEND........  Gambusia gaigei...........            
    BROWN................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                           REPTILES.............  SNAKE, CONCHO WATER.......  Nerodia harteri                       
                                                                               paucimaculata.                       
    BURLESON.............  AMPHIBIANS...........  TOAD, HOUSTON.............  Bufo houstonensis.........            
                           BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           PLANTS...............  LADIES'-TRESSES, NAVASOTA.  Spiranthes parksii........            
    BURNET...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    CALDWELL.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                           FISHES...............  DARTER, FOUNTAIN..........  Etheostoma fonticola......            
    CALHOUN..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PELICAN, BROWN............  Pelicanus occidentalis....            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    CAMERON..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PELICAN, BROWN............  Pelicanus occidentalis....            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           FISHES...............  MINNOW, RIO GRANDE SILVERY  HYBOGNATHUS AMARUS........            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    CASS.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    CHAMBERS.............  BIRDS................  CURLEW, ESKIMO............  Numenius borealis.........            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PELICAN, BROWN............  Pelicanus occidentalis....            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)   Lepidochelys kempii.......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    CHEROKEE.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    CHILDRESS............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    CLAY.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    COKE.................  REPTILES.............  SNAKE, CONCHO WATER.......  Nerodia harteri                       
                                                                               paucimaculata.                       
    COLEMAN..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                           REPTILES.............  SNAKE, CONCHO WATER.......  Nerodia harteri                       
                                                                               paucimaculata.                       
    COLLINGSWORTH........  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    
    [[Page 51312]]
                                                                                                                    
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    COLORADO.............  AMPHIBIANS...........  TOAD, HOUSTON.............  Bufo houstonensis.........            
                           BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    COMAL................  AMPHIBIANS...........  SALAMANDER, SAN MARCOS....  Eurycea nana..............            
                           FISHES...............  DARTER, FOUNTAIN..........  Etheostoma fonticola......            
    COMANCHE.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    CONCHO...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           REPTILES.............  SNAKE, CONCHO WATER.......  Nerodia harteri                       
                                                                               paucimaculata.                       
    COOKE................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    CORYELL..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    DE WITT..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    EDWARDS..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           PLANTS...............  SNOWBELLS, TEXAS..........  Styrax texana.............            
    ELLIS................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    ERATH................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    FALLS................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    FANNIN...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    FAYETTE..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    FORT BEND............  AMPHIBIANS...........   TOAD, HOUSTON............  Bufo houstonensis.........            
                           BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    FREESTONE............  AMPHIBIANS...........   TOAD, HOUSTON............  Bufo houstonensis.........            
                           BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           PLANTS...............  LADIES'-TRESSES, NAVASOTA.  Spiranthes parksii........            
    GALVESTON............  BIRDS................  CURLEW, ESKIMO............  Numenius borealis.........            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PELICAN, BROWN............  Pelicanus occidentalis....            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    GILLESPIE............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    GOLIAD...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    GONZALES.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    GRAYSON..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    GREGG................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    GRIMES...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           PLANTS...............  LADIES'-TRESSES, NAVASOTA.  Spiranthes parksii........            
    GUADALUPE............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    HALL.................  BIRDS................  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                           BIRDS................  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    HAMILTON.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    HARDEMAN.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
    
    [[Page 51313]]
                                                                                                                    
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    HARDIN...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    HARRISON.............  AMPHIBIANS...........   TOAD, HOUSTON............  Bufo houstonensis.........            
                           BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    HASKELL..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    HAYS.................  AMPHIBIANS...........   SALAMANDER, SAN MARCOS...  Eurycea nana..............            
                                                  SALAMANDER, TEXAS BLIND...  Typhlomolge rathbuni......            
                           BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                           FISHES...............  DARTER, FOUNTAIN..........  Etheostoma fonticola......            
                                                  GAMBUSIA, SAN MARCOS......  Gambusia georgei..........            
                           PLANTS...............  WILD-RICE, TEXAS..........  Zizania texana............            
    HEMPHILL.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    HENDERSON............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    HILL.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    HOOD.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    HOUSTON..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    HUNT.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    HUTCHINSON...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    IRION................  REPTILES.............  SNAKE, CONCHO WATER.......  Nerodia harteri                       
                                                                               paucimaculata.                       
    JACKSON..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PELICAN, BROWN............  Pelicanus occidentalis....            
    JASPER...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           PLANTS...............  LADIES'-TRESSES, NAVASOTA.  Spiranthes parksii........            
    JEFF DAVIS...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           FISHES...............  GAMBUSIA, PECOS...........  Gambusia nobilis..........            
                                                  PUPFISH, COMANCHE SPRINGS.  Cyprinodon elegans........            
                           PLANTS...............  PONDWEED, LITTLE AGUJA      Potamogeton clystocarpus..            
                                                   CREEK.                                                           
    JEFFERSON............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PELICAN, BROWN............  Pelicanus occidentalis....            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    JOHNSON..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    JONES................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    KARNES...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    KENEDY...............  BIRDS................  CURLEW, ESKIMO............  Numenius borealis.........            
                                                  PELICAN, BROWN............  Pelicanus occidentalis....            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    KIMBLE...............  PLANTS...............  SNOWBELLS, TEXAS..........  Styrax texana.............            
    KING.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    KLEBERG..............  BIRDS................  CURLEW, ESKIMO............  Numenius borealis.........            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PELICAN, BROWN............  Pelicanus occidentalis....            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
    
    [[Page 51314]]
                                                                                                                    
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    KNOX.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    LAMAR................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    LAMPASAS.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                           REPTILES.............  SNAKE, CONCHO WATER.......  Nerodia harteri                       
                                                                               paucimaculata.                       
    LAVACA...............  AMPHIBIANS...........   TOAD, HOUSTON............  Bufo houstonensis.........            
                           BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    LEE..................  AMPHIBIANS...........   TOAD, HOUSTON............  Bufo houstonensis.........            
                           BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    LEON.................  AMPHIBIANS...........   TOAD, HOUSTON............  Bufo houstonensis.........            
                           BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           PLANTS...............  LADIES'-TRESSES, NAVASOTA.  Spiranthes parksii........            
    LIBERTY..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    LIMESTONE............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    LIPSCOMB.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    LLANO................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    MADISON..............  PLANTS...............  LADIES'-TRESSES, NAVASOTA.  Spiranthes parksii........            
    MARION...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    MASON................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    MATAGORDA............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PELICAN, BROWN............  Pelicanus occidentalis....            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    MAVERICK.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           REPTILES.............  SNAKE, CONCHO WATER.......  Nerodia harteri                       
                                                                               paucimaculata.                       
    MENARD...............  FISHES...............  GAMBUSIA, CLEAR CREEK.....  Gambusia heterochir.......            
    MIDLAND..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    MILAM................  AMPHIBIANS...........   TOAD, HOUSTON............  Bufo houstonensis.........            
    MILLS................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                           REPTILES.............  SNAKE, CONCHO WATER.......  Nerodia harteri                       
                                                                               paucimaculata.                       
    MONTAGUE.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    MONTGOMERY...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    MOORE................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    MORRIS...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    NACOGDOCHES..........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    NEWTON...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    NUECES...............  BIRDS................  PELICAN, BROWN............  Pelicanus occidentalis....            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SEA.                                                      
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    OCHILTREE............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    ORANGE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    PALO PINTO...........  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    PANOLA...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    PARKER...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    PECOS................  FISHES...............  GAMBUSIA, PECOS...........  Gambusia nobilis..........            
                                                  PUPFISH, LEON SPRINGS.....  Cyprinodon bovinus........            
    
    [[Page 51315]]
                                                                                                                    
    POLK.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    POTTER...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    RANDALL..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    REAL.................  PLANTS...............  SNOWBELLS, TEXAS..........  Styrax texana.............            
    RED RIVER............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    REEVES...............  FISHES...............  GAMBUSIA, PECOS...........  Gambusia nobilis..........            
                                                  PUPFISH, COMANCHE SPRINGS.  Cyprinodon elegans........            
    REFUGIO..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PELICAN, BROWN............  Pelicanus occidentalis....            
                                                  PLOVER, PIPING............  +haradrius melodus........            
    ROBERTS..............  BIRDS................  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    ROBERTSON............  AMPHIBIANS...........   TOAD, HOUSTON............  Bufo houstonensis.........            
                           BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
                           PLANTS...............  LADIES'-TRESSES, NAVASOTA.  Spiranthes parksii........            
    RUNNELS..............  REPTILES.............  SNAKE, CONCHO WATER.......  Nerodia harteri                       
                                                                               paucimaculata.                       
    RUSK.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    SABINE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    SAN AUGUSTINE........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    SAN JACINTO..........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    SAN PATRICIO.........  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  PELICAN, BROWN............  Pelicanus occidentalis....            
                                                  PLOVER, PIPING............  +haradrius melodus........            
    SAN SA BA............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           REPTILES.............  SNAKE, CONCHO WATER.......  Nerodia harteri                       
                                                                               paucimaculata.                       
    SHACKELFORD..........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    SHELBY...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    SOMERVELL............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    STARR................  BIRDS................  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    STERLING.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    TARRANT..............  BIRDS................  PLOVER, PIPING............  +haradrius melodus........            
    THROCKMORTON.........  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    TOM GREEN............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           REPTILES.............  SNAKE, CONCHO WATER.......  Nerodia harteri                       
                                                                               paucimaculata.                       
    TRAVIS...............  AMPHIBIANS...........   SALAMANDER, BARTON         EURYCEA SOSORUM...........            
                                                   SPRINGS.                                                         
                           BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    TRINITY..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    TYLER................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    UPSHUR...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    UVALDE...............  PLANTS...............  SNOWBELLS, TEXAS..........  Styrax texana.............            
    VAL VERDE............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
                           PLANTS...............  SNOWBELLS, TEXAS..........  Styrax texana.............            
    VICTORIA.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                                                  PELICAN, BROWN............  Pelicanus occidentalis....            
    WALKER...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    WALLER...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    
    [[Page 51316]]
                                                                                                                    
    WASHINGTON...........  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
                           PLANTS...............  LADIES'-TRESSES, NAVASOTA.  Spiranthes parksii........            
    WEBB.................  BIRDS................  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    WHARTON..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..            
    WHEELER..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    WICHITA..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    WILBARGER............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
                                                  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
    WILLACY..............  BIRDS................  CURLEW, ESKIMO............  Numenius borealis.........            
                                                  PELICAN, BROWN............  Pelicanus occidentalis....            
                                                  PLOVER, PIPING............  +haradrius melodus........            
                           REPTILES.............  TURTLE, GREEN SEA.........  Chelonia mydas............            
                                                  TURTLE, HAWKSBILL SEA.....  Eretmochelys imbricata....            
                                                  TURTLE, KEMP'S (ATLANTIC)    Lepidochelys kempii......            
                                                   RIDLEY SE.                                                       
                                                  TURTLE, LEATHERBACK SEA...  Dermochelys coriacea......            
                                                  TURTLE, LOGGERHEAD SEA....  Caretta caretta...........            
    WILLIAMSON...........  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    WILSON...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    WISE.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    YOUNG................  BIRDS................  CRANE, WHOOPING...........  Grus americana............            
    ZAPATA...............  BIRDS................  TERN, INTERIOR (POPULATION  Sterna antillarum.........            
                                                   LEAST).                                                          
                                                  TERN, INTERIOR              Sterna antillarum.........            
                                                   (POPULATION) LEAST.                                              
                                                                                                                    
             UTAH                                                                                                   
                                                                                                                    
    BEAVER...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           PLANTS...............  MILK-VETCH, RYDBERG.......  ASTRAGALUS PERIANUS.......  IR        
    BOX ELDER............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  TROUT, LAHONTAN CUTTHROAT.  Salmo clarki henshawi.....  IR        
    CACHE................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    CARBON...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                                  CHUB, HUMPBACK............  Gila cypha................  IR        
                                                  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                                  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
    DAGGETT..............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                                  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
                           PLANTS...............  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
    DAVIS................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    DUCHESNE.............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           PLANTS...............  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
    EMERY................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                                  CHUB, HUMPBACK............  Gila cypha................  IR        
                                                  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                                  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
                           PLANTS...............  CYCLADENIA, JONES.........  Cycladenia humilis var.     IR        
                                                                               jonesii.                             
    GARFIELD.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                                  CHUB, HUMPBACK............  Gila cypha................  IR        
    
    [[Page 51317]]
                                                                                                                    
                                                  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                                  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
                           PLANTS...............  BUTTERCUP, AUTUMN.........  Ranunculus acriformis var.   IR       
                                                                               aestiva.                             
                                                  CYCLADENIA, JONES.........  Cycladenia humilis var.     IR        
                                                                               jonesii.                             
                                                  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
                                                  MILK-VETCH, RYDBERG.......  ASTRAGALUS PERIANUS.......  IR        
    GRAND................  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                                  CHUB, HUMPBACK............  Gila cypha................  IR        
                                                  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                                  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
                           PLANTS...............  CYCLADENIA, JONES.........  Cycladenia humilis var.     IR        
                                                                               jonesii.                             
    IRON.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           PLANTS...............  MILK-VETCH, RYDBERG.......  ASTRAGALUS PERIANUS.......  IR        
    JUAB.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    KANE.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                                  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                                  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
                           PLANTS...............  CYCLADENIA, JONES.........  Cycladenia humilis var.     IR        
                                                                               jonesii.                             
                           SNAILS...............  AMBERSNAIL, KANAB.........  OXYLOMA HAYDENI KANABENSIS  IR        
    MILLARD..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    MORGAN...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    PIUTE................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           PLANTS...............  MILK-VETCH, RYDBERG.......  ASTRAGALUS PERIANUS.......  IR        
    RICH.................  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    SALT LAKE............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           PLANTS...............  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
    SAN JUAN.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                                  CHUB, HUMPBACK............  Gila cypha................  IR        
                                                  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                                  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
                           PLANTS...............  SEDGE, NAVAJO.............  Carex specuicola..........  IR        
    SANPETE..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    SEVIER...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           PLANTS...............  MILK-VETCH, RYDBERG.......  ASTRAGALUS PERIANUS.......  IR        
    SUMMIT...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    TOOELE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           PLANTS...............  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
    UINTAH...............  BIRDS................  CRANE, WHOOPING...........  Grus americana............  IR        
                                                  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                                  CHUB, HUMPBACK............  Gila cypha................  IR        
                                                  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                                  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
                           PLANTS...............  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
    UTAH.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  SUCKER, JUNE..............  Chasmistes liorus.........  IR        
                           PLANTS...............  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
    WASATCH..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
    WASHINGTON...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  CHUB, VIRGIN RIVER........  Gila robusta seminuda.....  IR        
                                                  WOUNDFIN..................  Plagopterus argentissimus.  IR        
    WAYNE................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           FISHES...............  CHUB, BONYTAIL............  Gila elegans..............  IR        
                                                  CHUB, HUMPBACK............  Gila cypha................  IR        
                                                  SQUAWFISH, COLORADO.......  Ptychocheilus lucius......  IR        
                                                  SUCKER, RAZORBACK.........  XYRAUCHEN TEXANUS.........  IR        
                           PLANTS...............  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
    WEBER................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR        
                           PLANTS...............  LADIES'-TRESSES, UTE......  Spiranthes diluvialis.....  IR        
                                                                                                                    
           VERMONT                                                                                                  
                                                                                                                    
    ADDISON..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
    BENNINGTON...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
    CALEDONIA............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
    CHITTENDEN...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
    
    [[Page 51318]]
                                                                                                                    
    ESSEX................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
    FRANKLIN.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
    GRAND ISLE...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
    LAMOILLE.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
    ORANGE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
    ORLEANS..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
    RUTLAND..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
    WASHINGTON...........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
    WINDHAM..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
                           PLANTS...............  BULRUSH, NORTHEASTERN        Scirpus ancistrochaetus..  IR,F      
                                                   (=BARBED BRIS.                                                   
    WINDSOR..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,F      
                           CLAMS................  MUSSEL, DWARF WEDGE.......  Alasmidonta heterodon.....  IR,F      
                           PLANTS...............  MILK-VETCH, JESUP'S.......  Astragalus robbinsii var.   IR,F      
                                                                               jesupi.                              
                                                                                                                    
          WASHINGTON                                                                                                
                                                                                                                    
    ADAMS................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
    ASOTIN...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                           FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.  IR,FF     
                                                   RIVER SPRING/SUMMER).                                            
                                                  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR,FF     
                                                   SOCKEYE.                                                         
    BENTON...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                           FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR,FF     
                                                   SOCKEYE.                                                         
    CHELAN...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                           MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.         IR,FF     
                                                                               horribilis).                         
    CLALLAM..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR,FF     
    CLARK................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                           FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR,FF     
                                                   SOCKEYE.                                                         
                           PLANTS...............  HOWELLIA, WATER...........  HOWELLIA AQUATILIS........  IR,FF     
    COLUMBIA.............  FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.  IR,FF     
                                                   RIVER SPRING/SUMMER.                                             
                                                  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR,FF     
                                                   SOCKEYE.                                                         
    COWLITZ..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
                           FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR,FF     
                                                   SOCKEYE.                                                         
                           PLANTS...............  CHECKER-MALLOW, NELSON'S..  SIDALCEA NELSONIANA.......  IR,FF     
    DOUGLAS..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
    FERRY................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                           MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.         IR,FF     
                                                                               horribilis).                         
    FRANKLIN.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                           FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.  IR,FF     
                                                   RIVER SPRING/SUMMER).                                            
                                                  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR,FF     
                                                   SOCKEYE.                                                         
    GARFIELD.............  FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.  IR,FF     
                                                   RIVER SPRING/SUMMER).                                            
                                                  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR,FF     
                                                   SOCKEYE.                                                         
    GRANT................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
    GRAYS HARBOR.........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR,FF     
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR,FF     
                                                                               NIVOSUS.                             
    ISLAND...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
    JEFFERSON............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR,FF     
    KING.................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
                           MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.         IR,FF     
                                                                               horribilis).                         
    KITSAP...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
    KITTITAS.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
                           MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.         IR,FF     
                                                                               horribilis).                         
    KLICKITAT............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                           FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR,FF     
                                                   SOCKEYE.                                                         
    LEWIS................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
    
    [[Page 51319]]
                                                                                                                    
                           MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.         IR,FF     
                                                                               horribilis).                         
    LINCOLN..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
    MASON................  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                           PLANTS...............  HOWELLIA, WATER...........  HOWELLIA AQUATILIS........  IR,FF     
    OKANOGAN.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                           MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.         IR,FF     
                                                                               horribilis).                         
    PACIFIC..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                                  GOOSE, ALEUTIAN CANADA....  Branta canadensis           IR,FF     
                                                                               leucopareia.                         
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR,FF     
                                                  PLOVER, WESTERN SNOWY.....  CHARADRIUS ALEXANDRINUS     IR,FF     
                                                                               NIVOSUS.                             
                           FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR,FF     
                                                   SOCKEYE.                                                         
    PEND OREILLE.........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                           MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.         IR,FF     
                                                                               horribilis).                         
    PIERCE...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
                           MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.         IR,FF     
                                                                               horribilis).                         
    SAN JUAN.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
    SKAGIT...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
                           MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.         IR,FF     
                                                                               horribilis).                         
    SKAMANIA.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                           FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR,FF     
                                                   SOCKEYE.                                                         
    SNOHOMISH............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
                           MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.         IR,FF     
                                                                               horribilis).                         
    SPOKANE..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                           PLANTS...............  HOWELLIA, WATER...........  HOWELLIA AQUATILIS........  IR,FF     
    STEVENS..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                           MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.         IR,FF     
                                                                               horribilis).                         
    THURSTON.............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
                           PLANTS...............  HOWELLIA, WATER...........  HOWELLIA AQUATILIS........  IR,FF     
    WAHKIAKUM............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
                                                  PELICAN, BROWN............  Pelicanus occidentalis....  IR,FF     
    WALLA WALLA..........  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                           FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.  IR,FF     
                                                   RIVER SPRING/SUMMER.                                             
                                                  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR,FF     
                                                   SOCKEYE.                                                         
    WHATCOM..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                                                  MURRELET, MARBLED.........  BRACHYRAMPHUS MARMORATUS..  IR,FF     
                           FISHES...............  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR,FF     
                                                   SOCKEYE.                                                         
                           MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.         IR,FF     
                                                                               horribilis).                         
    WHITMAN..............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                           FISHES...............  SALMON, CHINOOK (SNAKE       ONCORHYNCHUS TSHAWYTSCHA.  IR,FF     
                                                   RIVER SPRING/SUMMER).                                            
                                                  SALMON, SNAKE RIVER         ONCORHYNCHUS NERKA........  IR,FF     
                                                   SOCKEYE.                                                         
    YAKIMA...............  BIRDS................  EAGLE, BALD...............  Haliaeetus leucocephalus..  IR,FF     
                           MAMMALS..............  BEAR, GRIZZLY.............  Ursus arctos (=U.a.         IR,FF     
                                                                               horribilis).                         
    ----------------------------------------------------------------------------------------------------------------
    * Permit is being issued for these areas only: IR=Federal Indian Reservations, FF=Federal Facilities.           
    
    
    [FR Doc. 95-23257 Filed 9-28-95; 8:45 am]
    BILLING CODE 6560-50-P
    
    

Document Information

Effective Date:
9/29/1995
Published:
09/29/1995
Department:
Environmental Protection Agency
Entry Type:
Notice
Document Number:
95-23257
Dates:
This general permit shall be effective on September 29, 1995. Deadlines for submittal of Notices of Intent (NOIs) are provided in Section II.A. of the general permit. Today's general permit also provides additional dates for compliance with the terms of the permits and for submitting monitoring data where required.
Pages:
50804-51319 (516 pages)
Docket Numbers:
FRL-5298-3
PDF File:
95-23257.pdf
CFR: (1)
40 CFR 402.14