SW101 The NPDES Industrial Storm Water Program

What Does the Industrial Program Cover? F Storm Water Discharges Associated with Industrial Activity l Storm Water - includes storm water runoff, snow melt runoff, surface runoff and drainage l Discharge - a point source discharge from any conveyance to a municipal separate storm sewer system (MS4) or Waters of the U.S.

Storm Water Discharge Associated with Industrial Activity F Definition found at 40 CFR (b)(14)(i)-(xi) F 11 categories of industrial activities F Related to manufacturing, processing, or materials storage areas F Includes Federal, State, and municipally- owned and operated facilities

Regulated Industrial Activities F Facilities Subject to Standards (i) F Heavy Manufacturing (ii) F Mining/Oil and Gas (iii) F Hazardous Waste Facilities (iv) F Landfills (v) F Recycling Facilities (vi) F Steam Electric Power Plants (vii) F Transportation Industries (viii) F Sewage Treatment Plants (ix)

Regulated Industrial Activities: Construction F Found under Category (x) F Land Disturbance of five or more acres l Clearing, grading or excavation F Activities part of a larger common plan of development l Multiple activities within a contiguous area l Includes activities taking place on different schedules

Regulated Industrial Activities: Light Manufacturing F Found in Category xi F Identified by SIC code F Was the original No Exposure category that got challenged

What is the No Exposure Provision? F Original no exposure exemption l Only available to Category (xi) facilities with no exposure l No certification required F 9th Circuit Court Decision l Remanded for further rulemaking F Final Phase II Rule l No exposure provision – Applies to all Categories, except construction – Requires certification of no exposure

How Does the No Exposure Certification Work? F EPAs No Exposure Form asks a series of Yes/No questions to help determine if no exposure exists l May submit only if answer no to all l Applies in States where EPA is the permitting authority F NPDES-authorized States will adopt own form after updating State rules

How Do I Determine If an Industrial Facility Needs a Storm Water Permit? F Does the facility have a storm water discharge to Waters of the U.S. or an MS4? F Is the industrial activity described in the regulations? F Does the facility qualify for a conditional exemption?

ISTEA Exempted Municipally Operated Industrial Sources F Intermodal Surface Transportation Efficiency Act of 1991 F Delayed permitting for industrial activities operated by municipalities with populations less than 100,000 F Phase II set the deadline to obtain permit coverage to be no later than 3 years and 90 days from publication of the rule – March 2003

What Industrial Permit Options are Currently Available? F Individual Permit l Depends on the state in which a facility is located F General Permit l EPA permitted states: – Multi-Sector General Permit (MSGP) – Submit a Notice of Intent (NOI) for coverage l Authorized NPDES states: – Applicable general permit

EPAs Multi-Sector General Permit (MSGP) F Developed using industry-specific data from previous permit application process F Consolidated industry data into 29 industry sectors with tailored requirements F Focuses on development and implementation of storm water pollution prevention plans F Should get reissued late summer 2006

What Facilities are Eligible for Coverage Under the MSGP? F Facilities with a storm water discharge associated with industrial activity (Categories i-ix, xi) F Eligibility restrictions regarding adverse impact on Endangered Species or Historic Places

Contents of the MSGP F Notification requirements F Special conditions and requirements F Storm Water Pollution Prevention Plan (SWPPP) F Numeric effluent limitations F Monitoring and reporting F Specific requirements for industrial activities

Endangered Species Act and the MSGP F Permittees must certify on the NOI that no impacts to endangered species are likely or have previous ESA authorization for adverse effects F Addendum of MSGP l ESA certification instructions l County-by-county list of species

National Historic Preservation Act and the MSGP F Must certify: l That discharges do not affect property that is listed, or eligible for listing, under the NHPA; or l That facility can obtain, and maintain compliance with, a written agreement with the State or Tribal Historic Preservation Officer F Addendum contains guidance

Storm Water Pollution Prevention Plans (SWPPPs) F Common requirements l Planning and organization l Site evaluation l BMP identification l Implementation l Evaluation and monitoring F Sector-specific requirements F Remains onsite at facility

MSGP Monitoring Requirements F Three types of monitoring l Visual examinations l Analytical (chemical) monitoring l Compliance monitoring F Basic Regulatory Requirements l 40 CFR Part 136 methods l Representative storm event

Visual Monitoring F Quarterly examination of discharges l Color l Odor l Solids l Foam l Sheen F No analytical tests F Results submitted only if requested

Analytical Benchmark Monitoring F Required only for certain industry sectors/sub-sectors F Quarterly sampling required in years two and four of the permit l MAY CHANGE IN 2006 PERMIT F Required to submit results F Not limitations

Compliance Monitoring F Required annually for facilities subject to numeric effluent limitations F Grab samples within the first hour of discharge l Prior to mixing with other discharges F Required to submit results

Alternate Certification F Exempts facilities from analytical monitoring requirements l If no sources of a pollutant are exposed to storm water l Pollutant-by-pollutant and outfall-by-outfall basis l Not available for compliance monitoring F Certification retained onsite and submitted to the permitting authority

Representative Discharge Provision F Applicable to analytical and visual monitoring requirements l Compliance monitoring not eligible F Discharge from one outfall may represent discharge from other outfalls l Consideration of several factors l Quantitative data applies to other outfalls F Required to document in SWPPP

Sampling Waivers F Adverse Weather Conditions/ Inaccessibility/Climatic l Allows substitute samples l No prior approval required F Unstaffed and Inactive Sites l Analytical Monitoring Waiver l Visual Examination Waiver l No prior approval required F No Representative Storm Event

How Does a Facility Apply for Coverage Under the MSGP? F SWPPP in place prior to NOI submittal F Complete ESA and NHPA screening F Complete and submit NOI form l Facility information and certifications l MS4 notification l Deadlines F Use a Notice of Termination (NOT) to discontinue coverage