SW101

The NPDES Industrial Storm Water Program

What Does the Industrial What Does the Industrial Program Cover?Program Cover?

“Storm Water Discharges Associated with Industrial Activity”

Storm Water - includes storm water runoff, snow melt runoff, surface runoff and drainage

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 Storm Water Discharge Associated with Industrial Activitywith Industrial Activity

Definition found at 40 CFR 122.26(b)(14)(i)-(xi)

11 categories of industrial activities

Related to manufacturing, processing, or materials storage areas

Includes Federal, State, and municipally-owned and operated facilities

Regulated Industrial ActivitiesRegulated Industrial Activities

Facilities Subject to Standards (i)

Heavy Manufacturing (ii)

Mining/Oil and Gas (iii)

Hazardous Waste Facilities (iv)

Landfills (v)

Recycling Facilities (vi)

Steam Electric Power Plants (vii)

Transportation Industries (viii)

Sewage Treatment Plants (ix)

Regulated Industrial Activities:Regulated Industrial Activities:ConstructionConstruction

Found under Category (x) Land Disturbance of five or more acres

Clearing, grading or excavation

Activities part of a larger common plan of development

Multiple activities within a contiguous area Includes activities taking place on different

schedules

Regulated Industrial Activities:Regulated Industrial Activities:Light ManufacturingLight Manufacturing

Found in Category xi

Identified by SIC code

Was the original “No Exposure” category that got challenged

What is the “No Exposure” Provision?What is the “No Exposure” Provision?

Original no exposure exemption Only available to Category (xi) facilities with no

exposure No certification required

9th Circuit Court Decision Remanded for further rulemaking

Final Phase II Rule No exposure provision

– Applies to all Categories, except construction– Requires certification of no exposure

How Does the No Exposure How Does the No Exposure Certification Work?Certification Work?

EPA’s No Exposure Form asks a series of Yes/No questions to help determine if no exposure exists

May submit only if answer “no” to all Applies in States where EPA is the

permitting authority

NPDES-authorized States will adopt own form after updating State rules

How Do I Determine If an Industrial How Do I Determine If an Industrial Facility Needs a Storm Water Permit?Facility Needs a Storm Water Permit?

Does the facility have a storm water discharge to Waters of the U.S. or an MS4?

Is the industrial activity described in the regulations?

Does the facility qualify for a conditional exemption?

ISTEA Exempted Municipally ISTEA Exempted Municipally Operated Industrial SourcesOperated Industrial Sources

Intermodal Surface Transportation Efficiency Act of 1991

Delayed permitting for industrial activities operated by municipalities with populations less than 100,000

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 What Industrial Permit Options are Currently Available?are Currently Available?

Individual Permit Depends on the state in which a facility is

located

General Permit EPA permitted states:

– Multi-Sector General Permit (MSGP)– Submit a Notice of Intent (NOI) for coverage

Authorized NPDES states:– Applicable general permit

EPA’s Multi-Sector General Permit EPA’s Multi-Sector General Permit (MSGP)(MSGP)

Developed using industry-specific data from previous permit application process

Consolidated industry data into 29 industry sectors with tailored requirements

Focuses on development and implementation of storm water pollution prevention plans

Should get reissued late summer 2006

What Facilities are Eligible for What Facilities are Eligible for Coverage Under the MSGP?Coverage Under the MSGP?

Facilities with a storm water discharge associated with industrial activity (Categories i-ix, xi)

Eligibility restrictions regarding adverse impact on Endangered Species or Historic Places

Contents of the MSGPContents of the MSGP

Notification requirements Special conditions and requirements Storm Water Pollution Prevention Plan

(SWPPP) Numeric effluent limitations Monitoring and reporting Specific requirements for industrial activities

Endangered Species Act Endangered Species Act and the MSGPand the MSGP

Permittees must certify on the NOI that no impacts to endangered species are likely or have previous ESA authorization for adverse effects

Addendum of MSGP ESA certification instructions County-by-county list of species

National Historic Preservation Act and National Historic Preservation Act and the MSGPthe MSGP

Must certify: That discharges do not affect property that is

listed, or eligible for listing, under the NHPA; or

That facility can obtain, and maintain compliance with, a written agreement with the State or Tribal Historic Preservation Officer

Addendum contains guidance

Storm Water Pollution Prevention Storm Water Pollution Prevention Plans (SWPPPs)Plans (SWPPPs)

Common requirements Planning and organization Site evaluation BMP identification Implementation Evaluation and monitoring

Sector-specific requirements Remains onsite at facility

MSGP Monitoring RequirementsMSGP Monitoring Requirements

Three types of monitoring Visual examinations Analytical (chemical) monitoring Compliance monitoring

Basic Regulatory Requirements 40 CFR Part 136 methods Representative storm event

Visual MonitoringVisual Monitoring

Quarterly examination of discharges Color Odor Solids Foam Sheen

No analytical tests Results submitted only if requested

Analytical “Benchmark” MonitoringAnalytical “Benchmark” Monitoring

Required only for certain industry sectors/sub-sectors

Quarterly sampling required in years two and four of the permit

MAY CHANGE IN 2006 PERMIT

Required to submit results

Not “limitations”

Compliance MonitoringCompliance Monitoring

Required annually for facilities subject to numeric effluent limitations

Grab samples within the first hour of discharge

Prior to mixing with other discharges

Required to submit results

Alternate CertificationAlternate Certification

Exempts facilities from analytical monitoring requirements

If no sources of a pollutant are exposed to storm water

Pollutant-by-pollutant and outfall-by-outfall basis

Not available for compliance monitoring

Certification retained onsite and submitted to the permitting authority

Representative Discharge ProvisionRepresentative Discharge Provision

Applicable to analytical and visual monitoring requirements

Compliance monitoring not eligible

Discharge from one outfall may represent discharge from other outfalls

Consideration of several factors Quantitative data applies to other outfalls

Required to document in SWPPP

Sampling WaiversSampling Waivers

Adverse Weather Conditions/ Inaccessibility/Climatic

Allows substitute samples No prior approval required

Unstaffed and Inactive Sites Analytical Monitoring Waiver Visual Examination Waiver No prior approval required

No Representative Storm Event

How Does a Facility Apply for How Does a Facility Apply for Coverage Under the MSGP?Coverage Under the MSGP?

SWPPP in place prior to NOI submittal

Complete ESA and NHPA screening

Complete and submit NOI form Facility information and certifications MS4 notification Deadlines

Use a Notice of Termination (NOT) to discontinue coverage