STATE OF WASI-IINGTON 

DEPARTMENT OF ECOLOGY 

PO Box 47600 • Olympia, WA 98504-7600 • 360·407·6000 

711 for Washington Rcl<lY Service • Persons with a speech disability Ctln call 877-833-6341 

January 3, 2014 

Mr. Michael Lidgard 

NPDES Petmits Unit 

USEP A - Region 1 0 

1200 Sixth Avenue 

Seattle, W A 98101 

RE: Water Quality Certification Under Section 401 of the Federal Clean Water Act 

for EPA's National Pollutant Discharge Elimination System Multi-Sector 

General Permit for Stormwater Discharges from Industrial Activity 

Dear Mr. Lidgard: 

This letter is in response to EPA's October 30, 2013 request that the Washington State 

Department of Ecology (Ecology) either grant or deny certification under 40 CFR 124.55 or 

waive its right to cetiify EPA's National Pollutant Discharge Elimination System (NPDES) 

Multi-Sector General Permit for St01mwater Discharges from Industrial Activity (MSGP). 

Ecology objects to EPA's request to cetiif)r a draft petmit while concurrently seeking public 

comments. On December 3, 2013, EPA extended the draft MSGP public comment period until 

December 26, 2013, increasing the possibility of substantive revisions before the final permit is 

issued. Notwithstanding this objection, Ecology does not waive its right to cetiify. Based on our 

review of EPA's proposed MSGP, we believe that the proposed permit would comply with 

Chapter 173-201A of the Washington Administrative Code (Water Quality Standards for Surface 

Waters of the State of Washington) if the final permit includes the conditions listed in 

Attachment A. 

This detetmination is based on the draft MSGP. Pursuant to 40 Code of Federal Regulations 

(C.P.R.)§ 124.55(d), any change to this draft permit may only be made in a manner consistent 

with this cetiification. 

Ecology also objects to EPA's request to grant or deny certification of the MSGP within this 

short 60 day timeframe. Under Section 401(a)(l) of the Clean Water Act, States are provided a 

reasonable period of time up to one year for acting on a request for Section 401 certification. 
Mr. Michael Lidgard 

January 3, 2014 

Page2 

If you have any questions or would like to discuss these matters fmiher, please contact Bill 

Moore at bill.moore@ecy.wa.gov, or (360) 407-6460. 

Sincerely, 

D~_/~/ 

Donald A. Seeberger 

Water Quality Acting Program Manager 

Enclosure 

By email and U.S. mail 

cc: Bill Moore, Ecology 

JeffKillelea, Ecology 
ATTACHMENT A. WATER QUALITY CERTIFICATION CONDITIONS: 

The EPA MSGP would comply with Chapter 173-201A of the Washington Administrative Code 

(Water Quality Standards for Surface Waters of the State of Washington) if the final permit 

includes the following conditions: 

A. Discharges shall not cause or contribute to a violation of surface water quality standards (Chapter 

173-201A WAC), ground water quality standards (Chapter 173-200 WAC), sediment 

management standards (Chapter 173-204 WAC), and human health-based criteria in the National 

Toxics Rule (40 CPR Pati 131.36). Discharges that are not in compliance with these standards 

are not authorized. This condition may not be made less stringent without violating the 

requirements of state law, Chapter 90.48 RCW. 

B. Prior to the discharge of stotmwater and non-stormwater to waters of the state, the Petmittee 

shall apply all known, available, and reasonable methods of prevention, control, and 

treatment (AKART). This includes the preparation and implementation of an adequate 

Stotmwater Pollution Prevention Plan (SWPPP), with all appropriate best management 

practices (BMPs) installed and maintained in accordance with the SWPPP and the tetms and 

conditions of this permit. This condition may not be made less stringent without violating the 

requirements of state law, Chapter 90.48 RCW. 

C. Additional Monitoring and Limits for Applicable Dischm·ges to Impaired Waters 

a. Petmittees discharging to a 303(d)-listed water body that dot;s not have an EPA-approved 

total maximum daily load (!'MDL) shall comply with the applicable sampling 

requirements and effluent limits in Table 1. This condition may not be made less stringent 

without violating the requirements of state law, Chapter 90.48 RCW. 

b. For purposes of this condition, "applicable sampling requirements and effluent limits" 

means the sampling and effluent limits in Table I that correspond to the specific 

parameter(s) the receiving water is 303(d)-listedfor at the time ofpetmit coverage, or 

Total Suspended Solids (TSS) if the waterbody is 303(d)-listed for any sediment quality 

parameter at the time of petmit coverage. 

Table 1: Sampling and Effluent Limits Applicable to Discharges to 303(d)-listed Waters 

Effluent Limit Laboratory 

Quantitation Sampling 

Parameter Units Fresh Water Marine Analytical Method a Level b Frequency 

Turbidity NTUs 25 25 EPA 180.1 Meter 0.5 1/qumter' 

pH su ' Between 7. 0 Meter" ±0.5 1/quarter' 

and 8.5 

Fecal Coliform #colonies/ h h SM9222D 20CFU/ 1/qumter' 

Bacteria 100mL 100mL 

TSS' mg/L 30 30 SM2540-D 5 1/qumter' 

Phosphorus, Total mg/L t I EPA 365.1 0.01 1/qumter' 

Ammonia, total as mg!L • t SM 4500 NH,-GH 0.3 !/quarter' 

N . 

Copper, Total flg/L • t EPA200.8 2.0 1/qumter' 

Lead, Total flg/L • • EPA200.8 0.5 1/qumter' 

Mercury, Total ftg/L 2.1 1.8 EPA1631E 0.0005 1/qumter' 

Zinc, Total flg/L • • EPA200.8 2.5 1/qumter' 

Pentachlorophenol flg/L 9g t EPA625 1.0 1/qumter' 
a Or other equivalent method with the same reporting level. 

b The Permittee shall ensure laboratory results comply with the quantifation level specified in the table. 

c I/ quarter means I sample taken each quarter, e.g., Ql ~Jan 1- March 31", Q2 ~ Aprill-June 30'', etc. 

d Permittees shall use either a calibrated pH meter consistent with EPA 9040 or an approved state method. 

e A Permittee who discharges to a water body 303(d)-listed for any sediment quality parameter shall sample the discharge for TSS. 

f Site-specific effiuent limitation will be assigned at the time of permit coverage. 

g Based on a pH of 7.0. 

h A numeric effiuent limit does not apply, but permittees must sample according to Table 5. In addition, the following mandatory 

BN!Ps shall be incorporated into the SWPPP and implemented: 

1) Use all known, available and reasonable methods to prevent rodents, birds, and other animals from feeding/nesting/roosting 

at the facility. Nothing in this section shall be construed as allowing violations of any applicable federal, state or local 

statutes, ordinances, or regulations including the Migratory Bird Treaty Act. 

2) perform at least one annual dry weather inspection of the storm water system to identify and eliminate sanitary sewer cross~ 

connections; 

3) Install structural source control B.MPs to address on-site activities and sources that could cause bacterial contamination (e.g., 

dumpsters, compost piles, food waste, animal products, etc.): 

4) Implement operational source control BMPs to prevent bacterial contamination from any known sources of fecal coliform 

bacteria (e.g .• animal waste, etc.); 

5) Additional bacteria-related sampling and/or BMPs, if ordered by Ecology on a case-by-case basis. 

The effluent limit for a Permittee who discharges to a fresh water body 303(d)-/isted for pH is: Between 6.0 and 8.5, ifthe 

303(d)-listing is for high pH only; Between 6.5 and 9.0, ifthe 303(d)-listing is for low pH only; and Between 6.5 and 8.5 if the 

303(d)-listing is for both low and high pH. All pH effluent limits are applied end-of-pipe. 

c. Permittees discharging to waterbodies with an applicable TMDL, shall comply with 

applicable TMDL dete1minations. Applicable TMDLs or TMDL determinations are 

TMDLs which have been completed by the issuance date of this petmit, or which have 

been completed prior to the date that the Permittee's application is received by EPA, 

whichever is later. EPA will list the Permittee's requirements to comply with this 

condition when MSGP coverage is granted. 

d. TMDL requirements associated with TMDLs completed after the issuance date of this 

permit only become effective if they are imposed through an administrative order issued 

by EPA. 

e. Where Ecology has established a TMDL wasteload allocation and sampling requirements 

for the Permittee's discharge, the Permittee shall comply with all requirements of the 

TMDL. 

f. Where Ecology has established a TMDL general wasteload allocation for industrial 

stormwater discharges for a parameter present in the Permittee's discharge, but has not 

identified specific requirements, EPA will assume the Permittee's compliance with the 

terms and conditions of the petmit complies with the approved TMDL. 

g. Where Ecology has not established a TMDL wasteload allocation for industrial 

stormwater discharges for a parameter present in the Permittee's discharge, but has not 

excluded these discharges, Ecology will assume the Permittee's compliance with the 

te1ms and conditions of this permit complies with the approved TMDL. 

h. Where a TMDL for a parameter present in the Permittee's discharge specifically 

precludes or prohibits discharges of stormwater associated with industrial activity, the 

Permittee is not eligible for coverage under this permit. ·~ 
1. Completed TMDLs are available on the Department of Ecology's website at 

http://www.ecy.wa.gov/programs/wq/tmdl/TMDLsbyWria/TMDLbyWria.html or by 

phone at: (360) 407-6460. 

Pursuant to 40 CFR § 124.55(d), any change to the draft National Pollutant Discharge 

Elimination System (NPDES) Multi Sector General Permit (MSGP) for Storm Water Discharges 

Associated with Industrial Activity: Pe1mit No. WAROSFOOO may only be made in a manner 

consistent with this certification.