EPA 

United States Office of Water EPA B33-F-93-002B 

Environmental Protection (EN-336) 

Agency 

July 1993 

NPDES Storm Water Program 

Question And Answer Document 

Volume 2 
NPDES 

Storm Water Program 

Question and Answer Document 

Part II 

EPA 

U.S. Environmental Protection Agency 

Office of Wastewater Enforcement and Compliance 

Permits Division 

401 M Street, SW 

Washington, DC 20460 

September 1993 
USEFUL ACRONYMS 

BAT 

BCT 

BMP 

CFR 

CSO 

CWA 

CZARA 

DMR 

EPA 

EPCRA 

FR 

MS4 

NOI 

NOT 

NPDES 

NRDC 

OMB 

POTW 

RCRA 

RQ 

SIC 

TSDF 

TSS 

WQA 

WRDA 

Best Available Technology 

Best Conventional Technology 

Best Management Practice 

Code of Federal Regulations 

Combined Sewer Overflow 

Clean Water Act 

Coastal Zone Act Reauthorization Amendments 

Discharge Monitoring Report 

Environmental Protection Agency 

Emergency Planning and Community Right-to-Know Act 

Federal Register 

Municipal Separate Storm Sewer System 

Notice of Intent 

Notice of Termination 

National Pollutant Discharge Elimination System 

Natural Resources Defense Council 

Office of Management and Budget 

Publicly Owned Treatment Works 

Resource Conservation and Recovery Act 

"Reportable Quantity” release 

Standard Industrial Classification 

Treatment, Storage or Disposal Facility (hazardous waste) 

Total Suspended Solids 

Water Quality Act 

Water Resources Development Act 
CONTENTS 

Page 

I. General Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 

II. Definition of Storm Water Discharge Associated With Industrial Activity . 6 

Category (i): .......................................... 6 

Category (iii): ......................................... 7 

Category (iv): ......................................... 8 

Category (v): ......................................... 8 

Category (viii): ........................................ 9 

Category (x): ......................................... 10 

Category (xi): .......................................... 15 

Ill. Individual Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 

IV. EPA General Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 

V. Group Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 

VI. Sampling 27 

VII. Municipal Permit Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 

VIII. The Intermodal Surface Transportation Efficiency Act of 1991 

(Transportation Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 

IX. 9th Circuit U.S. Court of Appeals Decision . . . . . . . . . . . . . . . . . . . 32 

X. Phase II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 

XI. List of Storm Water Contacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 

XII. State NPDES Program Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 

XIII. Regulatory Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 

XIV. Industrial Classification of Auxiliary Establishments . . . . . . . . . . . . . . . 54 
STORM WATER QUESTIONS AND ANSWERS PART II 

I. General Applicability 

1. What kinds of storm water discharges are required to obtain a NPDES 

permit under Phase I of the storm water program? 

A. The National Pollutant Discharge Elimination System (NPDES) storm water 

permit application regulations, promulgated by the U.S. Environmental 

Protection Agency (EPA), require that the following storm water discharges 

apply for a NPDES permit: (1) A discharge associated with industrial 

activity; (2) A discharge from a large or medium municipal separate storm 

sewer system; or (3) A discharge which EPA or the State determines to 

contribute to a violation of a water quality standard or is a significant 

contributor of pollutants to waters of the United States. The permit 

application deadlines are specified in EPA’s regulations. 

2. What is a “storm water discharge associated with industrial activity?” 

A. The term “storm water discharge associated with industrial activity” means 

a storm water discharge from one of the eleven categories of industrial 

activity defined at 40 Code of Federal Regulations (CFR) 122.26(b)(14)(i) 

through (xi). Six of these categories are identified by Standard Industrial 

Classification (SIC) code and the other five categories provide narrative 

descriptions of the industrial activity. The complete definition is included 

in Section XIII of this document. 

If any activity at a facility is covered by one of the five categories which 

provide narrative descriptions, storm water discharges from that area are 

subject to storm water permit application requirements. If the primary SIC 

code of the facility is identified in one of the remaining six categories, the 

facility is subject to the storm water permit application requirements. Note 

that only those facilities/activities described above having point source 

discharges of storm water to waters of the United States or through a 

municipal separate storm sewer system or other conveyance are required 

to submit a storm water permit application. The definition of “point 

source” is provided at 40 CFR 122.2. The definition is included in Section 

XIII of this document. 

3. What are SIC codes and how can a facility find out its proper SIC code? 

A. SIC codes are four-digit industry codes that were originally created by the 

Office of Management and Budget (OMB) for statistical purposes. Other 
organizations sometimes use these codes when classifying business 

establishments. To find the correct SIC code, an operator might check his 

or her unemployment insurance forms or contact the appropriate State 

unemployment services department. In addition, applicants may consult 

the Standard Industrial Classification Manual (SIC Manual), published by 

OMB in 1987. This manual is available in the resource section of most 

public libraries. Questions regarding assignment of particular codes can be 

addressed to your State permitting authority. A list of telephone numbers 

and addresses for State storm water contacts is provided as an attachment 

to this document. 

4. What SIC code should a facility use when there are multiple activities 

occurring at the site? 

A. For the purposes of the storm water program, a facility must determine its 

primary SIC code based on the primary activity occurring at the site. TO 

determine the primary industrial activity, the SIC Manual recommends 

using the value of receipts or revenues. If such information is not available 

for a particular facility, the number of employees or production rate for 

each process may be compared. The operation that generates the most 

revenue or employs the most personnel is the operation in which the 

facility is primarily engaged. For case-specific determinations, contact the 

permitting authority for your State. 

5. How is a facility regulated when multiple activities conducted by different 

operators are occurring on the same site (airports, for example)? 

A. When multiple activities are conducted by different operators at a single 

location, each industrial activity is assigned its own SIC code. At an 

airport, for example, a passenger airline carrier will receive one SIC code, 

but an overnight courier located in the same hanger may receive another 

SIC code. Whereas the SIC codes may differ, if both are regulated 

industrial activities, EPA generally encourages these operators to become 

co-applicants (submit storm water permit application forms together) when 

they are located at the same site and when industrial areas/drainage basins 

are shared. When a permit is issued to this site (or if the operators are 

filing for a general permit} the co-applicants will become co-permittees and 

share responsibility of permit compliance. 

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6. If a facility’s primary SIC code is not listed in the regulations, but an 

activity that occurs on site is described in one of the narrative categories 

of industrial activity, does that facility have to apply for a permit? 

A. If a facility conducts an activity on the site identified in the narrative 

descriptions of categories (i), (iv), (v), (vii), (ix) or (x), then the facility 

would be required to submit a storm water permit application for 

discharges from those portions of the facility where the activity occurs. 

Such narrative activities/facilities include: (i) activities subject to storm 

water effluent limitations guidelines, new source performance standards, or 

toxic pollutant effluent standards; (iv) hazardous waste treatment storage, 

or disposal facilities including those that are operating under interim status 

or a permit under subtitle C of the Resource Conservation and Recovery 

Act (RCRA); (v) landfills, land application sites and open dumps that 

receive or have received industrial wastes; (vii) steam electric power 

generating facilities; (ix) sewage treatment works with a design flow of 

1 .O mgd or more; and (x) construction activity disturbing five or more 

acres of land. 

7. Do storm water discharges from non-industrial areas at an industrial facility 

(employee parking lots, rental car operations at an airport) have to be 

addressed in a NPDES permit? 

A. No. Only storm water discharges from those areas that are associated 

with industrial activity, as defined at 40 CFR 122.26(b)(14) must be 

addressed in the permit. However, if storm water runoff from a nonindustrial area commingles with runoff from a regulated industrial area, the 

combined discharge would require permit coverage. 

8. How are off-site facilities (such as distribution centers, storage facilities, 

vehicle maintenance shops) regulated under the storm water program? 

A. To determine the regulatory status of off-site facilities, first the operator of 

a facility must determine if that off-site operation can be classified 

according to its own SIC code. If there is no SIC code that describes the 

off-site facility independently, then it would assume the SIC code of the 

parent facility it supports. However, please note that certain off-site 

facilities that fall within the categories of auxiliary facilities that are 

provided in Section XIV of this document (or which are specifically 

described in the SIC code description) would, in most cases, be classified 

according to the parent facility they support. Such supporting 

establishments include central administrative offices, research and 

development laboratories, maintenance garages, and local trucking 

terminals. 

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EPA has determined that off-site vehicle maintenance facilities that service 

trucks used for local transportation of goods or for local services are 

generally considered supporting establishments which would not be 

assigned a transportation SIC code; rather, such facilities are classified 

according to the SIC code of the facility they support. Please refer to 

Section II of this document for a discussion of off-site vehicle maintenance 

facilities. 

9. Can authorized NPDES States be more expansive in their use of the 

assignment of SIC codes? For example, can they make the rule applicable 

to secondary activities? 

A. Yes, State storm water regulations can be more expansive and cover more 

activities than the Federal regulations. 

10. Are all storm water discharges to sanitary sewers exempt from storm 

water permitting requirements? What about discharges to combined sewer 

systems? 

A. Any storm water discharge to a Publicly Owned Treatment Works (POTW) 

or to a sanitary sewer is exempt from storm water permit application 

requirements but is instead subject to EPA’s pretreatment program under 

Section 037(b) of the CWA. Discharges to combined sewer systems are 

also exempt from NPDES permitting but are subject to pretreatment 

requirements. 

11. Is a storm water permit application required for an industrial facility that 

has constructed a holding pond that usually does not discharge storm 

water, but could in the event of a large enough storm? 

A. All point source discharges of storm water associated with industrial 

activity that discharge to waters of the U.S. or through a municipal 

separate storm sewer system must be permitted. Therefore, if an 

industrial facility does not have a storm water discharge from its holding 

pond during typical storm events but has a storm water discharge in the 

event of a large storm, that discharge should be covered under a NPDES 

permit. In NPDES authorized States (a list is provided in Section XII of this 

document), facilities should consult their permitting authority for Statespecific determinations on such “potential discharges.” 

4 
12. 

A. 

13. 

A. 

14. 

A. 

15. 

A. 

If a facility is not engaged in industrial activity as defined under 40 CFR 

122.26(b)(14)(i)-(xi), but discharges contaminated flows comprised entirely 

of storm water into a nearby municipal separate storm sewer system, is 

the facility required to obtain a storm water permit? 

No, unless EPA or the State designates the discharge as contributing to a 

violation of a water quality standard or as significantly contributing 

pollutants to waters of the United States. However, industrial dischargers 

should note that large and medium municipalities (population 100,000 or 

more) are currently designing storm water management programs that will 

control contaminated storm water discharges from entering their separate 

storm sewer systems. Additional storm water discharges may be 

regulated under Phase II of the’ storm water program. EPA is currently in 

the process of developing Phase II. 

Are activities associated with industrial activity that occur on agricultural 

lands exempted from storm water permitting requirements? 

No. If a storm water discharge is associated with industrial activity as 

defined at 40 CFR 122.26(b)(14), it is subject to permit application 

requirements regardless of the location of the activity. 

Are NPDES permits transferable from one facility owner to the next! 

Individual NPDES permits may be transferred to a new owner or operator if 

the permit is modified. These procedures are described at 40 CFR 122.61. 

Under the general permits for storm water discharges, issued by EPA in the 

September 9 and September 25 Federal Reaister notices (57 m 41176 

and 57 m 44412), the new operator can submit an NOI two days prior to 

the change but must include the facility’s existing general permit number 

on the NOI form. Many NPDES authorized States have similar provisions in 

their general permits. 

How does storm water permitting differ in States with approved State 

NPDES programs compared to States without NPDES State permit 

programs? 

While Federal storm water regulations (i.e., the November 16, 1990, storm 

water permit application regulations) establish minimum requirements 

nationwide, State permitting authorities may impose more stringent 

requirements or decide to expand the scope of its program to meet State 

priorities. EPA Regional offices are the permitting authorities for 12 States 

and most Territories; the remaining 38 States and the Virgin Islands 

administer their own storm water programs and issue permits to regulate 

5 
municipalities and industries in their States. Regulated facilities in these 

States should contact the appropriate State permitting authority for 

guidance, application forms, general permits and other materials. Please 

note that some of the NPDES States do not issue permits for Federal 

facilities located in their States. 

For regulated facilities in the 12 non-delegated States (MA, NH, ME, FL, 

TX, OK, LA, NM, SD, AZ, AK, ID), the Territories (except the Virgin 

Islands), the District Of Columbia, and for facilities located on Indian lands 

(in most, if not all, delegated States and in all non-delegated States), and 

for Federal facilities in the States of DE, CO, IA, KS, NH, NY, OH, SC, VT 

and WA, the storm water program is administered through EPA Regional 

offices. Such facilities may be eligible for coverage under the general 

permits issued by EPA in the September 9 and September 25 Federal 

Register notices (57 FR 41176 and 57 FR 44412). 

II. Definition of Storm Water Discharge Associated With Industrial Activity 

Category (i): Facilities subject to storm water effluent limitations guidelines, 

new source performance standards or toxic pollutant effluent standards under 

40 CFR subchapter N. 

16. What are toxic pollutant effluent standards? 

A. 40 CFR 122.26(b)(14)(i) includes facilities that are subject to storm water 

effluent limitations guidelines, new source performance standards, or toxic 

pollutant effluent standards. The phrase “toxic pollutant effluent 

standards” refers to the standards established pursuant to CWA section 

307(a)(2) and codified at 40 CFR Part 129. Part 129 applies only to 

manufacturers of six specific pesticide products which are defined as toxic 

pollutants. Please note that the phrase “facilities subject to toxic pollutant 

effluent standards” does not refer to those industries subject to effluent 

limitation guidelines for toxics under 40 CFR subchapter N. 

6 
Category (iii): Mining and oil and gas operations classified as SIC codes 10-14. 

17. What constitutes “contamination” at an oil and gas facility? 

A. Oil and gas facilities classified as SIC code 13 are required to apply for a 

storm water permit if the facility has had a release of a Reportable 

Quantity (RQ) in storm water for which notification has been required any 

time since November 16, 1987, or if the discharge contributes to a 

violation of a water quality standard. RQs for which notification is required 

are defined at 40 CFR Parts 110, 117, and 302. An RQ for oil is defined 

at 40 CFR 110 as the amount of oil that violates applicable water quality 

standards or causes a film or sheen upon or a discoloration of the water 

surface or adjoining shorelines, or causes a sludge or emulsion to be 

deposited beneath the water surface or upon adjoining shorelines. For 

other substances, RQ levels are expressed in terms of pounds released 

over any 24 hour period and are listed at 40 CFR 117.3 and 40 CFR 

302.4. A list of these RQ levels is available from the Storm Water Hotline 

at (703) 821-4823. 

18. Do EPA’s industrial storm water general permits apply to discharges from 

mine sites that are subject to storm water effluent limitations guidelines, 

but which are not covered by an existing NPDES permit? 

A. No, storm water discharges from mine sites that are subject to storm 

water effluent limitation guidelines are not authorized by industrial storm 

water general permits issued by EPA in the September 9 and September 

25 Federal Register notices (57 FR 41176 and 57 FR 44412). In States 

without NPDES permitting authority, the mine operators submit an 

individual application to address those storm water discharges, or could 

have participated in a group application prior to October 1, 1992 (note: 

any facility which did not submit an individual application prior to October 

1, 1992 or participate in a timely group application missed EPA’s 

regulatory deadline and may be subject to enforcement). However, certain 

authorized States may issue general permits authorizing such storm water 

discharges from mine sites provided that those permits contain the 

applicable guideline requirements. 

19. Can point source discharges of contaminated ground water from mine adits 

and seeps at active or inactive mine sites be permitted under the storm 

water program? 

Point source discharges of non-storm water to waters of the United States 

must be authorized by a NPDES permit. Point source discharges of either 

7 
contaminated ground water from a mine adit or seep that are not related to 

specific storm events would not be considered to be storm water. 

Discharges that are composed in whole or in part of non-storm water 

cannot be addressed soley by the permit applications for storm water 

(Forms 1 and 2F), and cannot be authorized by NPDES permits that only 

authorize discharges composed entirely of storm water. Rather, Forms 1 

and 2C or 2D (and Form 2F if the discharge is mixed with storm water) 

must be used when applying for a NPDES permit for non-storm water. 

I Category (iv): Hazardous waste treatment, storage or disposal facilities. I 

20. If the primary SIC code of a fadility is not covered under the regulations, 

but there is a hazardous waste treatment, storage or disposal facility 

(TSDF) on site, is the TSDF subject to storm water permitting 

requirements? 

A. Yes. If the hazardous waste TSDF is or should be operating under interim 

status or a permit under Subtitle C of the Resource Conservation and. 

Recovery Act (RCRA), regardless of the facility’s primary activity, the 

storm water discharges from that portion of the site are subject to the 

narrative definition of storm water discharges associated with industrial 

activity under category (iv). Even if a facility’s SIC code is not included in 

the regulations, any activity described by one of the narrative categories of 

“industrial activity” that is occurring on the site would be regulated under 

the storm water program. 

Category (v): Landfills, land application sites and open dumps that receive 

industrial waste. 

21. At what point does an inactive, closed, or capped landfill cease being an 

industrial activity? 

A. An inactive, closed or capped landfill is no longer subject to storm water 

permit application requirements when the permitting authority determines 

the land use has been altered such that there is no exposure of significant 

materials to storm water at the site. For example, if an impervious surface 

(such as a parking lot or shopping center) now covers the closed landfill, 

the permitting authority could determine that storm water discharges from 

the area are no longer associated with the previous landfill activity. These 

determinations must be made by the permitting authority on a case-bycase basis. 

8 
22. If construction of cells at a landfill disturbs greater than five acres of land, 

is coverage under EPA’s construction general permits required? 

A. No. EPA considers construction of new cells to be routine landfill 

operations that are covered by the landfill’s industrial storm water general 

permit. However, the storm water pollution prevention plan for the landfill 

must incorporate best management practices (BMPs) that address 

sediment and erosion control. Where a new landfill is being constructed 

and five or more acres of land is being disturbed, such activity would need 

to be covered under EPA’s construction general permit until the time that 

initial construction is completed and industrial waste is received. Please 

note that NPDES authorized States may address this situation differently. 

Category (viii): Transportation facilities I 

23. If all vehicle maintenance and equipment cleaning operations occur indoors 

at a transportation facility, as defined at 40 CFR 122.26(b)(14)(viii), is a 

permit application required for discharges from the roofs of these 

buildings? 

A. Yes. Storm water discharges from all areas that are “associated with 

industrial activity,” described at 40 CFR 122.26(b)(14), are subject to the 

storm water permit application requirements. This would include 

discharges from roofs of buildings that are within areas associated with 

industrial activity. In addition, storage areas of materials used in vehicle 

maintenance or equipment cleaning operations and holding yards or parking 

lots used to store vehicles awaiting maintenance are also considered areas 

associated with industrial activity. 

24. For a facility classified as SIC code 5171 (bulk petroleum storage), is the 

transfer of petroleum product from the storage tanks to the distribution 

truck considered “fueling”, and therefore an industrial activity as defined 

by the regulations? 

A. No. The transfer of petroleum product from the storage tanks to the 

tanker truck is not considered fueling and would not require a storm water 

permit. However, fueling of the tanker truck itself at the 5171 facility is 

considered to be part of routine vehicle maintenance, and storm water 

discharges from these areas must be covered under a storm water permit 

application. 

9 
25. Is a retail fueling operation that occurs at an SIC code 5171 petroleum 

bulk storage facility regulated? 

A. No. The provisions of 40 CFR 122,26(b)(14)(viii) apply to fueling 

operations conducted at petroleum bulk storage facilities where the 

vehicles being fueled are involved with the petroleum bulk storage 

operation. Retail fueling of vehicles at such sites does not constitute 

“vehicle maintenance” (as defined in the 1 l/l 6/90 Federal Reaister page 

48066), and a storm water permit is not required for the discharges from 

that area. Only those portions of the SIC code 5171 facility where vehicle 

maintenance operations (including vehicle rehabilitation, mechanical 

repairs, painting, fueling, and lubrication) and equipment cleaning take 

place are required to be covered under a storm water permit application. 

26. Are off-site vehicle maintenance areas required to submit permit 

applications for their storm water discharges? 

A. As discussed in Section I of this document, to determine the regulatory 

status of off-site vehicle maintenance operations, the operator of a facility 

must first determine if that off-site operation can be classified according to 

its own SIC code. If there is no SIC code which describes the off-site 

facility independently, then it would assume the SIC code of the parent 

facility it supports. However, please note that off-site facilities that fall 

within the nine categories listed on page 17 of the SIC Manual (or which 

are specifically described in the SIC code description) would, in most 

cases, be classified according the parent facility they support. See Section 

XIII of this document (page 54) for the complete list. Such supporting 

establishments include central administrative offices, research and 

development laboratories, maintenance garages, and local trucking 

terminals. EPA has determined that off-site vehicle maintenance facilities 

that primarily service trucks used for local transportation of goods or for 

local services are generat(y considered supporting establishments which do 

not assume a transportation SIC code; rather, such facilities are classified 

according to the SIC code of the facility they support. Long-distance 

trucking centers, on the other hand, are generally classified as SIC code 

4213, and are subject to regulation under 40 CFR 122.26(b)(14)(viii)). 

1 Category (x): Construction activity I 

27. Who must apply for permit coverage for construction activities? 

A. Under the NPDES storm water program, the operator of a regulated activity 

or discharge must apply for a storm water permit. EPA clarified that the 

10 
operator of a construction activity is the party or parties that either 

individually or taken together meet the following two criteria: (I) they 

have operational control over the site specifications (including the ability to 

make modifications in specifications); and (2) they have the day-to-day 

operational contra\ of those activities at the site necessary to ensure 

compliance with plan requirements and permit conditions (g/9/92 Federal 

Reaister page 41190). If more than one party meets the above criteria, 

then each party involved must become a co-permittee with any other 

operator(s). For example, if the site owner has operational control over 

site specifications and a general contractor has day-to-day operational 

control of site activities, then both parties will be co-permittees. 

When two or more parties meet EPA’s definition of operator, each operator 

must submit an NOI, and either include a photocopy of the other operators’ 

NOl\s\ or the general permit number that was assigned for that project. 

Under EPA’s storm water construction general permits, the co-permittees 

are expected to join in implementing a common pollution prevention plan 

prior to submittal of the NO!, and in the retention of all plans and reports 

required by the permit for a period of at least three years from the date 

that the site is finally stabilized. 

For individuat storm water discharge permits, applications must be filed 90 

days prior to the commencement of construction. If a contractor has not 

been selected at the time of application, the owner of the project site 

would initially fi\e the application and the contractor would sign on when 

selected. Under an individual storm water permit for construction, multiple 

operators would have to sign onto the permit, instead of submitting a new 

application. Please note that authorized NPDES States may have varying 

NOI and/or permit requirements and should be contacted on this ‘issue. 

28. What are the responsibilities of subcontractors at the construction site 

under EPA’s storm water construction general permits? 

A. EPA storm water construction general permits require subcontractors to 

implement the measures stated in the pollution prevention plan and to 

certify that he/she understands the terms and conditions of the permit 

requirements. Under EPA’s general permits, subcontractors are not 

required to submit NOls. 

29. What is meant by a “larger common plan of development or sale?” 

A. A “larger common plan of development or sale” is a contiguous area where 

multiple separate and distinct construction activities may be taking place at 

different times on different schedules under one plan. For example, if a 

11 
developer buys a 20-acre lot and builds roads, installs pipes, and runs 

electricity with the intention of constructing homes or other structures 

sometime in the near future, this would be considered a common plan of 

development or sale. If the land is parceled off or sold, and construction 

occurs on plots that are & than five acres by separate, independent 

builders, this activity still would be subject to storm water permitting 

requirements if the smaller plots were included on the original site plan. 

30. Does construction activity encompass repaving of roads? 

A. Repaving is not regulated under the storm water program unless five or 

more acres of underlying and/or surrounding soil is cleared, graded or 

excavated as part of the repaving operation. 

31. Is clearing of lands for agricultural purposes regulated as construction 

activity under the storm water program? 

A. No. Section 402(l)(l) of the 1987 Water Quality Act exempts agricultural 

storm water discharges from NPDES permitting requirements. The clearing 

of land for agricultural purposes is specifically associated with agricultural 

activity. However, activities occurring on agriculture lands that meet the 

description of any of the 11 categories of industrial activity at 40 CFR 

122.26(b)( 14)(i)-(xi) are subject to permit application requireinents: See 

the response io Question 13. 

32. If a construction activity that disturbs five or more acres commences on a 

site covered by an existing industrial storm water permit, are the storm 

water discharges from the construction area covered by the existing permit 

or is a separate permit required? 

A. If the existing permit is an individual permit, then the operator must either 

request a modification of the existing permit to include the construction 

storm water discharges or apply for coverage under a separate permit that 

specifically addresses that construction activity. If the permittee decides 

to modify the existing individual permit, permit modifications must be 

approved prior to initiating any construction activity. If the existing permit 

is an EPA storm water industrial general permit, the operator should submit 

an NOI for coverage under EPA’s storm water general permit for 

construction activities. States with NPDES permitting authority may have 

different requirements. 

12 
33. What requirements are triggered if a construction activity that disturbs less 

than five acres commences on a site covered by EPA’s industrial storm 

water general permit? 

A. Sites covered by EPA’s storm water industrial general permit must revise 

their pollution prevention plan to address all new sources of pollution and 

runoff from construction activities disturbing less than five acres. 

34. For projects such as a loo-mile highway construction project, what 

location should be provided on the NOI? 

A. The midpoint of a linear construction project should be used as the site 

location on EPA’s NOI form. For construction projects that span across 

more than one State, the project must meet the application requirements 

of each State. 

35. Are long-term maintenance programs for flood control channels (such as 

vegetation removal) or similar roadside maintenance programs subject to 

permitting if five or more acres are disturbed? 

A. If grading, clearing or excavation activities disturb five or more acres of 

land either for an individual project or as part of a long-term maintenance 

plan, then the activity is subject to storm water permit application 

requirements. 

36. For a construction activity that uses off-site “borrow pits” for excavation 

of fill material or sand and gravel, should the number of disturbed acres at 

the borrow pit be added to the number of acres at the construction site to 

determine the total number of disturbed acres? 

A. No, off-site borrow pits are not considered part of the on-site construction 

activity. If a borrow pit is specifically used for the removal of materials 

such as sand, gravel, and clay, the pit is considered a mine and is 

classified under SIC code 14. Such sites would be regulated as industrial 

activity as defined at 40 CFR 122.26(b)(14)(iiil. However, if the borrow 

pit is utilized for the removat of general fill material (e.g. dirt) and disturbs 

five or more acres of land, the pit would be considered a construction 

activity as defined at 40 CFR 122.26(b)(14)(x). 

37. Would building demolition constitute a land disturbing activity and require a 

storm water construction permit application? 

A. The definition of land disturbing activity includes but is not limited to 

clearing, grading and excavation. At a demolition site, disturbed areas 

might include where building materials, demolition equipment, or disturbed 

13 
soil are situated, which may alter the surface of the land. Therefore, 

demolition activities that disturb five or more acres of land would be 

subject to storm water construction permit application requirements. 

38. What are the legal responsibilities and liabilities for construction activities 

disturbing less than five acres, pursuant to the Ninth Circuit U.S. Court of 

Appeals decision on June 4, 1992? 

A. In NRDC v. EPA, 966 F.2d 1292, the Ninth Circuit U.S. Court of Appeals 

remanded for further rulemaking, EPA’s exemption of construction sites 

less than five acres which are not part of a larger common plan of 

development or sale. The Agency intends to undergo further rulemaking 

proceedings for construction sites less than five acres. Until further 

rulemaking is completed, permit applications for such activities need not be 

submitted to EPA. However, States with NPDES permitting authority may 

have more stringent requirements. 

39. Do storm water construction general permits authorize non-storm water 

discharges? 

A. Under EPA’s storm water construction general permits, issued on 

September 9, 1992, and September 25, 1992, the following non-storm 

water discharges are conditionally authorized (57 m 41219) and (57 m 

44419): discharges from fire fighting activities; fire hydrant flushings; 

waters used to wash vehicles or control dust; potable water sources 

including waterline flushings; irrigation drainage; routine external building 

washdown which does not use 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. These discharges, except for flows 

from fire fighting activities, must be identified in the pollution prevention 

plan and the plan must address the appropriate measures for controlling 

the identified non-storm water discharges. Other non-storm water 

discharges not listed above or not identified in the storm water pollution 

prevention plan, must be covered by a different NPDES permit. 

14 
Category (xi): Light manufacturing facilities 

40. If oil drums or contained materials are exposed during loading or unloading 

at a category (xi) facility, are storm water discharges from this area subject 

to the storm water regulations? 

A. The storm water regulations require category (xi) facilities to apply for a 

storm water permit where material handling equipment or activities, raw 

materials, intermediate products, final products, waste materials, byproducts, or industrial machinery are exposed to storm water. If there is a 

reasonable potential for leaks or spills from these drums which could be 

exposed to storm water, discharges from that area would be subject to 

storm water permitting requirements. Completely covering loading and 

unloading activities may eliminate exposure. Note that permitting 

authorities may have more stringent interpretations with respect to 

exposure on industrial sites and should be consulted for case-by-case 

determinations. For a discussion on the 9th Circuit Court of Appeals 

decision (June 1992) and future EPA rulemakings on category (xi) 

facilities, please refer to Section IX of this document. 

41. Does the storage of materials under a roof at a category (xi) facility 

constitute exposure? 

A. If materials or products at a light industrial facility are stored outside under 

a roof and there is no reasonable potential for wind blown rain, snow, or 

runoff coming into contact with the materials or product, then there may 

not be exposure at that area. However, if materials are stored under a 

structure without sides and storm water comes into contact with material 

handling equipment or activities, raw materials, intermediate products, final 

products, waste materials, by-products or industrial machinery, the 

discharge from that area must be permitted. The permitting authority 

should be contacted for specific issues related to exposure. 

Ill. Individual Permits 

42. Will individual permits include requirements for storm water pollution 

prevention plans and monitoring? 

A. EPA anticipates that many individual permits will include storm water 

pollution prevention plans as a means of satisfying Best Available 

Technology (BAT)/Best Conventional Technology (BCT) requirements 

established in the Clean Water Act (CWA). With regard to monitoring 

requirements under individual permits, such requirements will be 

15 
43. 

A. 

44. 

A. 

45. 

A. 

46. 

A. 

determined by the permit writer on a case-by-case basis. At a minimum, 

all facilities with storm water discharges associated with industrial activity 

must conduct an annual site inspection as prescribed at 40 CFR 

122.44(i)(4). 

Do permitting authorities have the option of subjecting facilities that have 

submitted individual storm water permit applications to general permits? 

Yes, permitting authorities may subject facilities that have submitted 

individual permit applications to general permits. Facilities that are covered 

by a general permit may petition the permitting authority to be covered 

under an individual permit by submitting an individual permit application 

with reasons supporting the request to the permitting authority, pursuant 

to 40 CFR 122.28(b)(2)(iii). 

What are the benefits/drawbacks of pursuing an individual storm water 

permit over a general permit? 

An individual storm water permit may be advantageous, as it is designed 

to reflect a facility’s site-specific conditions, whereas general permits are 

much broader in scope, particularly in terms of monitoring requirements. 

However, the individual permit application is generally more difficult to 

prepare than submitting EPA’s notice of intent (NOI) to be covered under a 

general permit (in part because the individual permit application requires 

sampling and EPA’s NOI does not). General permits may be advantageous 

because regulated facilities know, in advance of submitting their NOI, the 

requirements of the permit. In addition, coverage under a general permit 

may be automatic (depending on how the permit is written), whereas the 

individual permitting process takes longer. 

When does EPA anticipate that individual permits will be issued? 

Issuance of individual permits may vary on a State by State basis, as 

permitting priorities and resources allow. The December 18, 1992, Federal 

Register (57 FR 60447) established October 1, 1993, as the deadline by 

which individual permits are to be issued. Many authorized States are 

already issuing individual permits. 

Can a facility that has submitted an individual permit application obtain 

general permit coverage upon issuance of a general permit in its State? 

Yes, an eligible facility may opt for coverage under a general permit (by 

submitting an NOI) up until the time that the permitting authority issues 

such facility its individual permit. Authorized States may require a written 

16 
request for withdrawal from the individual permit application process. EPA 

recommends submitting such requests to the appropriate Regional office. 

IV. EPA General Permits (issued on 9/9/92 and 9/25/92) 

47. What is the difference between EPA’s construction and industrial general 

permits? 

A. Because the nature of construction activity varies considerably from other 

industrial activities, EPA developed two separate general permits--one 

covering storm water discharges from construction activity and one for 

other storm water industrial discharges. Whereas the pollution prevention 

plan for the construction permit focuses on sediment and erosion controls 

and storm water management, the pollution prevention plan for industry 

emphasizes general site management. Note that some authorized States 

have industrial general permits that authorize storm water discharges from 

construction activity. 

EPA’s general permits for storm water discharges associated with 

industrial activity, issued on 9/9/92 (57 FR 41236) and 9/25/92 (57 FR 

44438), authorize storm water discharges from all new and existing point 

source discharges of storm water associated with industrial activity, as 

defined at 40 CFR 122.26(b)(14), to waters of the U.S., except for 

ineligible storm water discharges that are listed at I.B.3. (9/9/92 Federal 

Register page 41305) and 

(9/25/92 Federal Resister page 44444) in EPA’s general permits. 

EPA’s general permits for storm water discharges associated with 

construction activity, which were issued on 9/9/92 (57 FR 41176) and 

9/25/92 (57 FR 44412), authorize storm water discharges associated with 

construction activity, as defined at 40 CFR 122.26(b)(14)(x), except for 

ineligible discharges that are listed at I.B.3 (9/9/92 Federal Register page 

41217) and (9/25/92 Federal Register page 44418) in EPA’s general 

permits. 

48. What is the procedure for applying for coverage under EPA’s industrial or 

construction general permits? 

A. Dischargers of storm water associated with industrial activity located in 

non-NPDES States must submit a Notice of Intent (NOI) to be authorized to 

discharge under the general permit. The NOI form is a one-page document 

requesting basic information about the nature of the facility and the 

particular storm water discharge under consideration. Under EPA’s general 

17 
permits, monitoring is not required for submittal of the NOI. States with 

NPDES authority may have different requirements for their NOI and should 

be contacted directly. 

49. Will a facility automatically be covered by an EPA general permit upon 

submittal of an NOI or will it have to cease operations until the Agency 

provides notification of acceptance? 

A. Permit coverage begins two days after the postmark date on the NOI, 

provided the storm water discharges from the facility are eligible for 

coverage as established by the permit conditions (see 9/9/92 Federal 

Register page 41305 for limitations on coverage). The permitting authority 

can require the submittal of an individual application at any time. 

However, the facility may continue to discharge under the general permit 

until an individual permit is issued or denied. 

50. What are the deadlines for compliance with EPA’s general permits? 

A. Individuals who intend to obtain coverage for a storm water discharge 

associated with industrial activity that commenced on or before October 1, 

1992, were required to submit an NOI by October 1, 1992; however, EPA 

is accepting late NOls. Regulated facilities wishing to obtain coverage 

under the general permit that have not yet submitted an NOI should do so 

immediately. EPA’s storm water general permits require permittees to 

develop and implement a storm water pollution prevention plan. Deadlines 

for NOI submittal and development and implementation of plans are listed 

in the table below. 

Facilities with salt storage or facilities that were not required to report 

under Emergency Planning Community Right to Know (EPCRA) section 313 

prior to July 1, 1992, (but must report after that date) must comply with 

the special requirements for section 313 facilities and salt storage (if 

applicable) within 3 years of the date on which the facility is required to 

first report under section 313. All other conditions in the permit must be 

met within the deadlines listed above. Plans do not have to be submitted 

to the Agency but must be kept on-site and made available upon request. 

18 
Pollution Pollution 

Prevention Plan Prevention Plan 

Development Implementation 

Type of Discharge NOI Deadline Deadline Deadline 

Existing industrial October 1, 1992 April 1, 1993 October 1, 1993 

activities (other than 

construction) 

Industrial activities 2 days prior to the Within 60 days of Within 60 days of 

(other than start of industrial commencement commencement 

construction) that activity of operations of operations 

begin between 

October 1, 1992 

and January 1, 

1993 

Industrial activities 2 days prior to the Within 60 days of Upon 

(other than start of industrial commencement commencement 

construction) that activity of operations of operations 

begin on or after 

January 1, 1993 

Oil and gas facilities Within 14 days of Within 60 days of Within 60 days 01 

previously not first knowledge of first knowledge of first knowledge 

required to be the release the release of the release 

permitted that have’ 

an RQ after 

October 1, 1992 

Municipally-owned Within 180 days Within 365 days Within 545 days 

or operated of the date of of the date of of the da;e of 

industrial activities rejection or denial rejection or denial rejection or denial 

that were rejected 

or denied from a 

group appjication 

Construction sites in October 1, 1992 October 1, 1992 October 1, 1992 

operation on 

October 1, 1992 

Construction sites 2 days prior to the Prior to the With the initiation 

that begin operation start of submittal of the of construction 

after October 1, construction NOI activities 

1992 

19 
51. Is there a fee for NOI applications? 

A. EPA’s general permits do not require fees at this time. However, 

authorized NPDES States may levy fees and should be consulted directly. 

52. Where should NOls be submitted? 

A. Facilities in States and Territories where EPA is the permitting authority 

submit NOls to the central processing center at the following address: 

Storm Water Notice of Intent 

P.O. Box 1215 

Newington, VA 22122. 

All permittees in States with NPDES authority submit the NOI to their State 

permitting authority except those in New York, who submit to the 

processing center at the above address. Note that authorized NPDES 

States may develop NOI forms that are different from EPA’s NOI form. 

Under EPA’s general permits, the operator of any industrial activity that 

discharges storm water through a municipal separate storm sewer system 

in a medium or large municipality must also submit a copy of the NOI to 

that municipality. In addition, operators of construction activities must 

provide a copy of all applicable NOls for a site to the local agency 

approving sediment and erosion plans or storm water management plans. 

53. Is an operating regulated industrial facility required to submit a separate 

NOI for each outfall that discharges storm water associated with industrial 

activity at the site? 

A. Under EPA’s general permits, one NOI is generally sufficient for the entire 

site, provided there is one operator. In this case, the pollution prevention 

plan must address all discharges of storm water associated with industrial 

activity from the site. If there are multiple operators at the site, each 

operator must submit an NOI. In addition, if a facility that is covered under 

EPA’s industrial storm water general permit undertakes a construction 

activity disturbing more than five acres of land, then the facility must 

submit an NOI for those construction-related storm water discharges for 

coverage under EPA’s construction general permit (or submit an individual 

permit appfication). 

20 
54. 

A. 

55. 

A. 

56. 

A. 

57. 

A. 

58. 

A. 

Will a facility receive any notification from EPA after submitting an NOI 

under EPA’s general permit? 

Yes, EPA confirms the receipt of NOls and will provide the applicant with a 

permit number and a summary of the guidance on preparing storm water 

pollution prevention plans. 

Is an entire facility excluded from coverage under EPA’s genera! permits if 

a single discharge at the site is excluded from coverage? 

No. Eligibility under EPA’s general permits should be applied on a 

discharge-specific basis. Thus, a site with multiple discharges can be 

covered under two different permits: a general permit for some discharges 

and a separate NPDES permit for any discharges excluded from coverage 

under the general permit. NPDES States should be contacted for additional 

guidance on this issue. 

Does an industrial facility operating under an EPA industrial general permit 

have to apply for a separate permit for all on-site construction activities 

that disturb more than five acres of land? 

Storm water discharges from construction activities that disturb five or 

more acres of land must be covered under a separate NPDES permit that 

specifically addresses storm water discharges from construction activity. 

EPA’s industrial storm water general permits do not provide coverage for 

storm water discharges from regulated construction activities. 

Construction activities that disturb less than five acres of land do not 

require a storm water permit at this time. The pollution prevention plan for 

the industrial facility must be modified to address site changes due to that 

amount of construction activity. 

Can a facility submit one NOI for similar but separately located industrial 

facilities which are owned by the same corporation? 

No. One NOI must be submitted by the operator of each individual facility 

that intends to obtain coverage under a general permit, regardless of 

common ownership. 

Does an asphalt/concrete batch plant have to submit a new NOI each time 

it changes location? 

Under EPA’s general permits, an NOI must be submitted each time the 

plant moves to a new site of operation. However, some authorized States 

may have different requirements with respect to asphalt/concrete batch 

21 
plants and, therefore, facilities in such States should contact their 

permitting authorities. 

59. Who is required to monitor under the conditions of EPA’s storm water 

general permits? 

A. EPA established tiered monitoring requirements in its final industrial storm 

water general permits based on the potential to contribute pollutants to 

storm water (4/2/92 Federal Reaister page 11394). Six classes of facilities 

are required to monitor semiannually and report annually, ten classes of 

facilities are required to monitor annually and keep the data on-site, and all 

other classes of facilities are not required to monitor. All facilities 

authorized by general permits--including those facilities not otherwise 

required to monitor--must still conduct an annual site inspection, except for 

inactive mining sites where this may be impractical due to remote location 

and inaccessibility of sites (inspection no less than once in three years). 

The sixteen classes of facilities that are required to monitor are specified in 

EPA’s industrial general permits (g/9/92 Federal Resister page 41248), 

which are available from the Storm Water Hotline. EPA’s construction 

storm water general permits require periodic inspections in lieu of 

monitoring. 

60. If an industrial facility that is required to monitor under EPA’s industrial 

storm water general permits does not have any exposure of materials or 

activities to storm water, does it still have to conduct sampling? 

A. Under EPA’s industrial storm water general permits, industrial facilities can 

provide a certification in lieu of monitoring results for a given outfall, that 

materials and activities are not presently exposed to storm water and will 

not be exposed during the certification period (see g/9/92 Federal Resister 

page 41314 for a more detailed description). This determination should be 

applied on outfall-by-outfall basis (e.g., permittees may elect to monitor 

certain outfalls while providing certification for others). The certification 

must be updated on an annual basis and retained in the pollution 

prevention plan. The six classes of facilities that are required to report 

monitoring results annually must submit this certification to the permitting 

authority in lieu of the Discharge Monitoring Report (DMR). 

61. Within one drainage area leading to a single outfall, if a facility conducts 

two separate industrial activities that are subject to both semiannual and 

annual monitoring requirements, which set of monitoring requirements will 

awW 

A. If the discharges cannot be segregated, the combined discharge would be 

subject to both sets of monitoring requirements. In effect, a combined 

22 
discharge could be subject to annual monitoring requirements for certain 

parameters and semi-annual monitoring for others. If a facility can 

segregate the discharges from the different activities, separate monitoring 

requirements would apply to each discharge. 

62. Is it possible to sample only one of several identical outfalls under the 

provisions of EPA’s general permits? 

Yes. To reduce the monitoring burden on the facility, the permit allows an 

operator to sample one outfall where it is substantially identical to the 

other outfalls. Permittees that intend to use this provision must justify and 

document in writing why one outfall is substantially identical to the others. 

Criteria for making this determination are presented in the NPDES Storm 

Water Sampling Guidance Document. Facilities using this provision must 

include the written justification in their storm water pollution prevention 

plan. Facilities that are subject to semiannual monitoring requirements 

must submit the justification of why an outfall is substantially identical to 

the others with the Discharge Monitoring Report. Other facilities required 

to monitor under the permit are not required to submit the justification 

unless it is requested by the permitting authority. 

63. If a facility had to report under section 313 of the Emergency Planning and 

Community Right to Know Act (EPCRA) when its NOI was submitted but 

no longer uses the quantity of water priority chemicals that makes such 

reporting necessary, is that facility still subject to special requirements in 

EPA’s industrial storm water general permits for facilities that handle 

EPCRA section 313 water priority chemicals? 

A. No. Such facilities are no longer subject to the special EPCRA requirements 

contained in EPA’s industrial storm water general permit and should 

accordingly modify their pollution prevention plan to indicate the changes 

in industrial activity at the facility. 

64. Under EPA’s general permits, when and where must Discharge Monitoring 

Reports (DMR) be submitted for semi-annual monitoring facilities? 

A. DMRs must be submitted to the permitting authority according to the 

following schedule: a) certain EPCRA section 313 facilities and wood 

treatment facilities monitor from January to June and July to December 

and report no later than January 28 following the second monitoring 

period; b) Primary metal facilities, facilities with coal pile runoff, and 

battery reclaimers monitor from March to August and September to 

February and report no later than April 28; and c) land disposal facilities 

monitor from October to March and from April to September and report no 

later than October 28. For facilities in non-NPDES States, DMRs must be 

23 
submitted to the EPA Regional office (Section Xl of this document includes 

storm water list of contacts for addresses). In States with approved 

NPDES permit programs, DMRs must be sent to the location .specified in 

the State’s general permit. The general permits in such States may also 

have different schedules for submitting DMRs than the one specified 

above. 

65. Under the industrial general permit, coal-fired steam electric facilities have 

annual monitoring requirements for storm water discharges from coal 

handling sites (other than from coal pile runoff). Are access roads 

considered coal handling sites? 

A. Coal handling sites include those areas of the facility where coal is either 

loaded or unloaded. Therefore, those portions of access roads where 

loading/unloading operations do not occur are not considered to be coal 

handling sites and, therefore, are not subject to annual monitoring 

requirements under EPA’s general permits. 

66. Are there specific numeric effluent limits in EPA’s storm water general 

permits? 

A. EPA’s general permits establish pollutant discharge limits for total 

suspended solids (TSS) and pH in coal pile runoff. In most other 

situations, EPA’s industrial storm water general permits focus on storm 

water manage’ment and the implementation of facility-specific pollution 

prevention plans; however, EPA’s industrial general permits also include 

State-specific conditions that may include additional numeric effluent 

limits. 

67. What is a storm water “best management practice” (BMPI? 

A. A BMP (defined at g/9/92 Federal Reoister page 41319) is a technique, 

process, activity or structure used to reduce the pollutant content of a 

storm water discharge. BMPs include simple, nonstructural methods such 

as good housekeeping, preventive maintenance and sweeping. 

Additionally, BMPs may include sophisticated, structural modifications 

such as the installation of sediment basins. The focus of EPA’s general 

permits is on preventative BMPs which limit the release of pollutants into 

storm water discharges. EPA has published guidance materials to assist in 

the selection of appropriate BMPs in the preparation of storm water 

pollution prevention plans, including: Storm Water Management for 

Industrial Activities: Developing Pollution Prevention Plans and Best 

Management Practices (PB-92-235969) and Storm Water Management for 

Construction Activities: Developing Polfuiion Prevention Plans and Best 

24 
68. 

A. 

69. 

A. 

70. 

A. 

71. 

A. 

Management Practices (PB-92-2359511. These Manuals are available from 

NTIS at (703) 487-1650. 

What should a facility do when the nature of its activities changes? 

When the nature of a facility’s activities changes, the facility must modify 

the pollution prevention plan accordingly. If the facility is subject to new 

monitoring requirements as a result of the changes, sampling must begin at 

the start of the next monitoring period. 

Is there a procedure for notifying EPA when a storm water discharge 

associated with industrial activity covered by EPA’s general permit has 

been eliminated? 

Yes. EPA’s general permits include procedures for filing a Notice of 

Termination (NOT) form when there is no longer a potential for storm 

water discharges associated with industrial activity to occur. Operators of 

construction activities can submit an NOT once they have finally stabilized 

all areas that were disturbed. For construction activity, final stabilization 

means that all soil disturbing activities at the site have been completed, 

and that a uniform perennial vegetative cover has been established or’ 

equivalent permanent stabilization measures (such as the use of riprap, 

gabions, or geotextiles) have been employed with a density of 70% of the 

previously existing/background cover for unpaved areas and areas not 

covered by permanent structures. A copy of the NOT can be found in 

Federal Reaister notices dated September 9, 1992 (57 m 41232 and 

413411, and September 25, 1992 (57 m 44434 and 44469). 

If a NPDES authorized State has general permitting authority but has not 

yet finalized an applicable general permit, can a facility still submit an NOI 

and assume general permit coverage? 

No, a facility cannot submit an NOI to obtain coverage under a general 

permit until that permit has been finalized. Furthermore, a facility located in 

an NPDES State cannot seek coverage under one of EPA’s generat permits. 

Will State general permit requirements vary and to what extent? 

General permit requirements for authorized NPDES States may vary 

considerably because these States develop and issue permits 

independently from EPA. However, all NPDES permits must meet 

minimum technical and water quality-based requirements of the Clean 

Water Act. Permittees in NPDES authorized States should consult with 

their permitting authorities regarding particular State conditions. Under 

EPA’s storm water general permits, State-specific requirements vary 

25 
because of different water quality concerns in different States. Each of 

the 12 non-authorized States and Territories provided certification that 

EPA’s general permits comply with State water quality standards, and 

added permit requirements where necessary to achieve compliance with 

those standards in the final general permits. 

72. Can discharges from industrial areas at a construction site such as portable 

asphalt plants and/or concrete batch plants be covered under EPA’s 

construction general permits? 

A. No. EPA’s construction general permits only authorize discharges from the 

construction area; these permits do not authorize storm water discharges 

from industrial activities other than construction that are located on the 

construction site. Portable asphalt plants and/or concrete batch plants are 

considered to be “industrial activity,” as defined at 40 CFR 

122.26(b)(14)(ii). Therefore, storm water discharges from such industrial 

activities must be in compliance with a general or individual storm water 

permit for industrial storm water discharges other than construction. At a 

construction site which disturbs less than 5 acres of land (and which is, 

therefore, not subject to storm water permit application requirements for 

the construction activity), the operator of the mobile asphalt or concrete 

plant still would be required to obtain storm water permit coverage for 

discharges from the plant. Please note that States with approved NPDES 

permit programs may allow portable asphalt plants and/or cement batch 

plants to be covered under the State’s construction general permit. 

V. Group Applications 

73. How will group applicants be permitted? 

A. EPA is currently developing a model permit using information from Part I 

and Part II group applications, and other sources. This model permit will 

have sections which address a particular type of industrial activity. When 

the model permit is completed, the permitting authority (EPA or NPDES 

States) then has the option to propose and issue final permits to cover 

group members within their state based upon the model permit. 

26 
VI. Sampling I 

74. 

A. 

75. 

A. 

76. 

A. 

77. 

A. 

For what parameters does a facility have to sample under the individual or 

group application? 

Applicants are required to obtain quantitative data from samples collected 

during storm events from all outfalls that discharge storm water associated 

with industrial activity for the following parameters: (1) any pollutant 

limited in an effluent guideline to which the facility is subject; (2) Any 

pollutant listed in the facility’s permit for its process wastewater [if the 

facility is operating under an existing NPDES permit]; (3) Oil and grease, 

pH, BOD5, COD, TSS, total phosphorous, total Kjeldahl nitrogen, and 

nitrate plus nitrite nitrogen; (4) certain toxic pollutants listed in Tables II 

and III of the Appendix D to 40 CFR Part 122 (also listed as Tables 2F-2 

and 2F-3 in the instructions for Form 2F) that are expected to be present in 

the storm water. 

For an individual or group application, how many aliquots (portions) of 

storm water are needed to obtain a flow-weighted composite? 

A flow-weighted composite may be taken as a combination of a minimum 

of 3 sample aliquots taken in each hour of discharge for the entire event or 

for the first three hours of the event, with each aliquot collection being 

separated by a minimum of 15 minutes. If the storm event lasts less than 

three hours, aliquots should be collected for as long as there is sufficient 

flow. Large and medium municipalities may use a different protocol with 

respect to time duration between collection of aliquots with approval of 

the permitting authority. 

How does a facility measure flow if there are numerous small outfalls? 

Applicants may provide either measurements or estimates of storm water 

flows. One possible method for estimating flow is to create a conveyance 

that would combine flows from many of the outfalls. Alternatively, where 

flows are similar, the flow at one outfall may be measured to calculate 

flows at the other outfalls, provided that the method of measurement is 

indicated to the permitting authority. EPA’s NPDES Storm Water Sampling 

Guidance Document discusses several ways to estimate flows. [This 

manual is available from the Storm Water Hotline (703) 821-4823).] 

For what parameters is only a grab sample appropriate? 

When collecting storm water samples, grab samples are required for the 

following parameters: pH, temperature, cyanide, total phenols, residual 

27 
78. 

A. 

79. 

A. 

80. 

A. 

81. 

A. 

82. 

A. 

chlorine, oil and grease, fecal coliform and fecal streptococcus. Both grab 

and composite samples are required for all other pollutants. 

Do both a grab and a composite sample have to be taken from a 24-hour 

holding pond? 

No. Only a minimum of one grab sample is required to be taken for 

effluent from holding ponds or other impoundments with a retention period 

of greater than 24 hours for the representative event. 

Can composite and grab samples be taken from separate events? 

Grab and composite samples for a given outfall should be taken from the 

same storm event to provide a basis for comparing the data. If this is 

impossible, information describing each storm event used for sample 

collection should be recorded and submitted with sampling results. 

However, applicants are advised that the permitting authority may request 

data to be collected from only one storm event. 

Is a facility required to sample all of its outfalls during a single storm 

event? 

No. Unless otherwise specified by the permitting authority, a facility may 

sample outfalls during different events provided that the storms meet the 

criteria established in the application regulations or in the applicable permit 

language. Information describing each storm event used for sample 

collection should be recorded and submitted with sampling results. 

If a facility has two conveyances that join and leave the site as one 

combined discharge, where should a sample be collected? 

If the discharge is composed entirely of storm water, the sampling point 

should be at the outfall as it leaves the property. If the discharge is a 

combination of process wastewater and storm water, the storm water 

component of the discharge should be sampled before it commingles with 

the process waste water discharges. If sampling at an outfall at the 

property boundaries is impossible because of safety reasons, 

inaccessibility, or a poor conveyance, sampling may be done closer to the 

discharge source. 

How long a ‘dry’ period does a facility need before sampling? 

A ‘dry’ period needs to be at least 72 hours. More specifically, all samples 

must be collected from the discharge resulting from a storm event that 

28 
83. 

A. 

84. 

A. 

85. 

A. 

86. 

A. 

occurs at least 72 hours from the previously measurable (greater than 0.1 

inches) storm event. 

If two or more outfalls at a facility have identical discharges, does each 

outfall have to be sampled? 

Where a facility has outfalls that discharge “substantially identical 

effluent,” the permitting authority may allow the applicant to test only one 

outfall and report that the quantitative data are representative of the 

substantially identical outfalls. EPA’s NPDES Storm Water Sampling 

Guidance Document (available from the Storm Water Hotline (703-821- 

4823)) provides information on how to prepare this petition, or the 

applicant should contact their permitting authority to determine what 

information is required. 

Do analyses for storm water need to be done by a certified lab? 

There is no Federal requirement to use a certified lab. However, certain 

States may require that a certified lab be used. Please note, analyses must 

comply with the analytical procedures set out in 40 CFR Part 136, as 

discussed below. 

What analytical methods must be used for the pollutants for which 

sampling is required? 

EPA-approved methods must be used where a method for a pollutant has 

been promulgated. 40 CFR Part 136 discusses required methods. If there 

is no approved method, the applicant may use any suitable method, but 

must provide a description of the method in its application. Additional 

information on general sampling issues can be obtained through the EPA’S 

NPDES Storm Water Sampling Guidance Document. The manual is 

available from the Storm Water Hotline (703-821-4823). 

Municipal Permit Applications 

Once a municipal separate storm sewer system (MS4) has submitted Part 

2 of its storm water permit application, when does the term of the permit 

actually begin? 

The term of the permit begins when a permit is issued. Pursuant to 40 

CFR 122.26(e)(7), storm water permits for discharges from MS4s are to 

be issued by November 16, 1993 for large municipalities and by May 17, 

1994 for medium municipalities. 

29 
87. How is EPA incorporating 1990 census data into the storm water 

program? 

A. EPA is planning to issue a rulemaking that will identify all municipalities 

who meet the definition of either a large or medium MS4 based on the 

results of the 1990 Census, and, therefore, who will be required to seek a 

NPDES permit. This rulemaking will identify permit application deadlines 

for these new municipalities. 

88. How does EPA envision the relationship between large and medium MS4 

operators and NPDES permitting authorities in terms of addressing 

industrial storm water discharges to MS4s? 

A. EPA envisions a partnership between NPDES permitting authorities and 

operators of large and medium municipal separate storm sewer systems in 

controlling pollutants in storm water discharges associated with industrial 

activity through MS4s. In addition, NPDES storm water permits provide a 

basis for enforcement actions directly against the owner or operator of the 

storm water discharge associated with industrial activity. 

A second NPDES permit will be issued to the operator of the large and 

medium MS4. This permit will establish the responsibilities of the 

municipal operators in controlling pollutants from storm water associated 

with industrial activity which discharges through their municipal system. 

Under this approach, municipal operators will be able to: 

l Assist EPA in identifying priority storm water discharges associated with 

industrial activity through their system; 

l Assist EPA in reviewing and evaluating storm water pollution prevention 

plans that industrial facilities are required to develop; and 

l Assist EPA in compliance efforts regarding storm water discharges 

associated with industrial activity to their municipal system. 

A more complete description of this policy is provided in the August 16, 

1991 Federal Register (56 FR 40973). 

30 
VIII. The Intermodal Surface Transportation Efficiency Act of 1991 

(Transportation Act) 

89. 

A. 

90. 

A. 

91. 

A. 

92. 

A. 

How did the Transportation Act affect permitting requirements for 

municipalities under 100,000? 

Storm water discharges from certain industrial activities owned or operated 

by municipalities with a population of less than 100,000 people were 

granted a moratorium from the October 1, 1992 deadline for storm water 

permit applications. Exceptions to this moratorium include discharges from 

powerplants, airports and uncontrolled sanitary landfills. 

How does the Transportation Act impact privately owned or operated 

industrial activities located in municipalities under 100,000? 

The provisions of the Transportation Act specifically address publicly 

owned or operated industrial activities. Privately owned facilities that have 

storm water discharges associated with industrial activity, as defined at 40 

CFR 122.26(b)(14), must submit a permit application regardless of the size 

of the population of the municipality in which they are located. 

What is an “uncontrolled sanitary landfill?” 

An uncontrolled sanitary landfill (discussed at 4/2/92 Federal Register page 

11410) is a landfill or open dump, whether in operation or closed, that 

does not satisfy the runon/runoff requirements established pursuant to 

subtitle D of the Solid Waste Disposal Act. Landfills closed prior to 

October 9, 1991 are not subject to RCRA runon/runoff requirements, and 

therefore need not submit permit applications if they are located in 

municipalities of less than 100,000 population. 

If a municipally-owned sewage treatment plant is located in a municipality 

with a population of less than 100,000 people, but the service population 

is greater than 100,000 people, is the facility subject to the permitting 

requirements? 

Yes, because service populations are used in determining population for 

publicly-owned treatment works [POTWs] (April 2, 1992 Federal Register 

page 11394). Additionally, where one sewer district operates a number of 

POTWs, the entire service population of the district will be used to 

determine the applicable population classification of all the POTWs 

operated by the district. For example, if a district with a cumulative 

service population of 160,000 operates two sewage treatment plants, one 

of which serves 120,000 and the other which serves 40,000, both plants 

31 
will be considered to be owned or operated by a municipality with a 

population of 100,000 or more. 

93. If a construction operation disturbing five or more acres is owned by a 

small municipality but operated by a private contractor, is the activity 

regulated? 

A. No. If the construction activity is either owned or operated by a 

municipality with a population of less than 100,000 it would not be 

required to obtain a storm water permit during Phase I of the storm water 

program. Some States, however, may require that an application be 

submitted. 

IX. 9th Circuit U.S. Court of Appeals Decision 

94. What is the current status of light manufacturing facilities without 

exposure and construction activities under five acres, pursuant to the 9th 

Circuit Court decision? 

A. The 9th Circuit Court decision remanded two “exemptions” provided in the 

NPDES storm water permit application regulations for light manufacturing 

facilities without exposure and construction activities under five acres 

(11/16/90 Federal Register page 48066). Both exemptions were 

remanded for further proceedings. In response to these two remands, the 

Agency intends to conduct further rulemakings on both the light 

manufacturing and construction activities under five acres. In the 

December 18, 1992, Federal Register, the Agency stated that it is not 

requiring permit applications from construction activity under five acres or 

light industry without exposure until this further rulemaking is completed. 

X. Phase II of the Storm Water Program 

95. What is the difference between Phase I and Phase II of the NPDES storm 

water program? 

A. In the Water Quality Act of 1987, Congress mandated that EPA establish 

storm water control programs in two phases. White the first Phase I was 

defined on November 16, 1990, Phase II regulations were to be 

promulgated by October 1, 1992. However, the Water Resources 

Development Act (WRDA) of 1992 extended deadlines for Phase II of the 

storm water program as follows: 1) EPA must issue Phase II regulations 

by October 1, 1993; and 2) permits for Phase II sources may not be 

32 
96. 

A. 

97. 

A. 

required by EPA or the State prior to October 1, 1994. EPA is currently 

developing regulations that will implement Phase II of the storm water 

program. (See Question #l for more information on Phase I). 

Will all storm water discharges that are not regulated under Phase I be 

regulated under Phase II of the storm water program (e.g., service stations, 

retail and wholesale businesses, parking lots, municipalities with 

populations of less than 100,000)? 

Not necessarily. Statutory provisions require that EPA, in consultation 

with State and local officials, issue regulations that designate additional 

Phase II sources for regulation to protect water quality. EPA is currently 

developing approaches to identify and control high risk Phase II sources. 

EPA requested initial public comments on a variety of Phase II issues on 

September 9, 1992 (57 FR 41344). As part of this process, EPA is 

considering all sources of storm water not regulated under Phase I for 

potential coverage under Phase II. 

What types of control strategies are being considered for Phase II of the 

storm water program? 

Control strategies being considered include: a) designate high risk Phase II 

sources for coverage under Phase I; b) extend Coastal Zone Act 

Reauthorization Amendments (CZARA) controls to non-coastal areas; c) 

cover MS4 discharges from all urbanized areas under NPDES permits; d) 

issue NPDES permits for Phase I related urbanized areas only and use 

CZARA-like controls for non-urbanized areas; and e) require States to 

develop and implement comprehensive Phase II State storm water 

management programs consisting of core elements. EPA published a 

Federal Resister notice on 9/9/92 (57 FR 41344) requesting comment on 

approaches for Phase II of the storm water program. The comment period 

closed November 9, 1992. These comments will be utilized in developing 

Phase It regulations. 

33 
STORM WATER 

LIST OF CONTACTS 

May 1993 
EPA Headquarters 

Address U.S. Environmental Protection Agency 

Office of Water Permits Division 

401 M Street, SW 

Washington, DC 20460 

Fax (202) 260-1460 

Name 

Nancy Cunningham 

Kim Hankins 

Ephraim King 

Michael Plehn 

Bill Swietlik 

Bill Tate 

Dan Weese 

Kevin Weiss 

Carmelita White 

Title 

Biologist 

Environmental Specialist 

Chief, NPDES Program Branch 

Permits Division 

Environmental Engineer 

Chief, Storm Water Section 

Permits Division 

Environmental Engineer 

Environmental Engineer 

Chemical Engineer 

Program Analyst 

Telephone 

202-260-9535 

202-260-8328 

202-260-9541 

202-260-6929 

202-260-9529 

202-260-6963 

202-260-6809 

202-260-9524 

202-260-6053 

Mail Stop 

EN-336 

EN-336 

EN-336 

EN-336 

EN-336 

EN-336 

EN-336 

EN-336 

EN-336 

35 
EPA Region I 

Address U.S. EPA - Region 1 

JFK Federal Building 

Boston,MA 02203 

FnX 617-565-4940 

Name Title Telephone Mail stop 

I A 

Clyde Shufelt Chief 617-565-3560 Wh4S 

NPDES Program Operations Section 

Jay Brolin Environmental Engineer 617-565-3590 

Shelly Puleo Environmental Protection Specialist 617-565-3525 

Olga Vergara Environmental Protection Specialist 617-565-3525 

WIUM 

WCP A 

WCP 

State Offices 

io EPA Region I 

Name and Title 

Chris Stone 

Norm Marcotte 

Nonpoint Program Coordinator 

Paul Hogan 

NPDES Coordinator 

Jeff Andrews 

Supervisor, Industrial Permits Section 

Chris Feeney 

Pete Duhamal 

Angelo Liberti 

Supervising Sanitary Engineer 

Brian Koiker 

Chief Director, Permits Section 

Gary Schultz 

Director of Permits, Compliance, and 

Protection 

Address 

Connecticut Department of Environmental Protection 

Water Management Bureau 

165 Capitol Avenue 

Hartford, CT 06106 

Maine Department of Environmental Protection 

Division of Licensing 

State House, Station 117 

Augusta, ME 04333 

Massachusetts Department of Environmental Protection 

Office of Watershed Management 

P.O. Box 116 

No. Groton. MA 01536-0116 

New Hampshire Department of Environmental Services 

6 Hazen Drive 

Concord, NH 03301 

Rhode Island Depattment of Environmental Management 

Division of Water Resources 

291 Promenade Street 

Providence, RI 02908 

Rhode Island Department of Environmental Management 

Division of Water Resources 

291 Promenade Street 

Providence, RI 02908 

Conservation Comm. 

Permits, Compliance, and Protection 

Annex Building 

103 South Main Street 

Waterbury, VT 05671-0405 

Conservation Comm. 

Permits, Compliance, and Protection 

Annex Building 

103 South Main Street 

Waterbury, VT 05671-0405 

Telephone 

203-X&7167 

FAX 203-566-8650 

207-289-3901 

FAX 207-289-7826 

508-792-7470 

FAX 508-839-3469 

603-271-2457 

FAX 603-271-2867 

401-2776519 

FAX 401-521-4230 

401-2776519 

FAX 4431-5214230 

802-241-3822 

FAX 802-244-5141 

802-244-5674 

FAX 802-244-S 141 

36 
EPA Region II 

Address U.S. EPA - Region II 

Water Permits and Compliance Branch 

26 Federal Plaza 

New York, NY 10278 

FPX 212-264-9597 ‘ 

Name Title Telephone 

r I 

Anne Reynolds Environmental Scientist 212-264-7674 

lose Riven Storm Water Regional Coordinator 212-264-1859 

state off&s 

i in EPA Rgioa 11 

Name and Title 

Barry Chalofsky 

Manager, Wastewater Planning and Storm 

Water Permitting 

Address 

New Jersey Department of Environmental Protection and Energy 

(CN-423) Office of Regulatory Policy 

401 E. State Street 

Trenton, NJ 08625 

Teleptmne 

609433-7021 

FAX 609-984-2147 

Ed Fmnkel 

Section Chief 

New Jersey Department of Environmental Protection and Energy 

(CN-423) Office of Regulatory Policy 

401 E. State Street 

Trenton, NJ 08625 

609-633-702 1 

FAX m-984-2147 

Janet Jessei 

Brian McLendon 

New Jersey Department of Environmental Protection and Energy 

Office of Regulatory Policy, CNOZQ 

401 E. State Street 

Trenton. NJ 08625 

609-633-7021 

FAX w-984-2147 

General Information New Jersey Department of Environmental Protection and Energy 

Office of Regulatory Policy, CNO?-9 

401 E. State Street 

Trenton, NJ 08625 

609-633-7026 

FAX 609-984-2147 

N.G. Kaul 

Director, Division of Water 

New York State Department of Environmental Conservation 

50 Wolf Road 

Albany, NY 12233-3505 

5 184576674 

FAX 518-457-1088 

Ken Stevens 

Chief, Physical Systems Section 

New York State Department of Environmental Conservation 

Bureau of Wastewater Facilities and Design 

50 Wolf Road 

Albany, NY 12233-3505 

5l8457-1157 

518-457-1067 

FAX 518485-n86 

Wanda Garcia-Hemandez 

Chief, Permits & Engineering Division 

Puerto Rico Environmental Quality Board 

P.O. Box 11488 

Santurce, PR 009IO 

809-767-873 1 

FAX 809-767-1962 

Carlos Jrizarry 

Director, Water Quality Control Bureau 

Puerto Rico Environmental Quality Board 

P.O. Box 11488 

Santurce, PR 00910 

809-767-873 1 

FAX 809-767-1962 

Marc Pacific0 

Environmental Specialist III 

Virgin Islands Planning and Natural Resources 

Division of Environmental Protection 

1118 Watergut Homes, Christiansted 

St. Croix, Vi 00820-5065 

809-7730565 

FAX 809-773-93 10 

37 
EPA Region 111 

Address U.S. EPA - Region III 

841 Chestnut Buildiog 

Philadelphia, PA 19107 

Fax 215-597-85411215-597-82411215-597-3359 

I Name I Title I Teleuhooe I Mail stop I 

I Kevin Magerr I Storm Water Coordinator I 215-597-1651 ~~~ I (3WM53) I 

Alexander Slinsky Environmental Engineer 

State Offiies 

iu EPA Regioo 111 

Name and Title 

Chuck Schadel 

Environmental Engineer II 

Address 

Delaware Department of Natural Resources and Environmental 

Control 

Division of Water Resources/Pollution Control Branch 

89 Kings Highway 

Dover, DE 19903 

Telephone 

302-739-5731 

FAX 302-739-3491 

James Collier 

Program Manager for Water Hygiene 

DC Department of Consumer and Regulatory Affairs 

2100 Math Luther King, Jr. Avenue SE 

Washington, DC 20020 

202-404- 1120 

FAX 202-404-1141 

Brian Clevengcr 

Director of Sediment & Storm Water 

Administration 

Edward Ceder 

Chief, Industrial Point Source Division 

Maryland Department of the Environment 

2500 Broening Highway 

Baltimore, MD 21124 

Maryland Department of the Environment 

2500 Brocning Highway 

Baltimore, MD 21124 

410-631-3543 

FAX 4106314883 

410-631-3323 

FAX 4106314883 

Stu Gansell 

Chief of Permits & Compliance 

Pennsylvania Department of Environmental Resources 

400 Market Street State Office Building, 10th Floor 

Harrisburg, PA 17101-2702 

717-787-3481 

FAX 717-787-2802 

R.B. Pate1 

Chief of Permits Section/ 

Sanitary Engineer IV 

Pennsylvania Department of Environmental Resources - BWQM 

Division of Permits and Compliance 

P.O. Box 8465 

400 Market Street State Oflice Building, 10th Floor 

Harrisburg, PA 171058465 

717-787-8184 

FAX 717-783-2802 

Burton Tuxford 

Environmental Engineer 

Virginia Department of Environmental Quality 

P.O. Box 11143 

Richmond, VA 23230-l 143 

804-527-5083 

FAX 804-527-5248 

Cathy Boatwright 

Storm Water Program Manager 

Virginia Department of Environmental Quality 

P.O. Box 11143 

Richmond, VA 2323@1143 

804-527-53 16 

FAX 804-527-5293 

Jim Mason 

Engineer, Storm Water Coordinator 

West Virginia Office of Water Resources 

Division of Environmental Protection 

1201 Greenbrier Street 

Charleston, WV 25311 

304-558-8855 

FAX 304-348-590s 

38 
Name and Title I Address I TelrphoXlC I 

Jerry Ray 

Assistant Chief, Permits 

West Virginia Olfce of Water Resources 

Division of Environmental Protextion 

1201 Gmnbricr Strtct 

Charleston, WV 25311 

304-348-0375 

FAX 304-348-5905 

Mhur A. Vickers 

Engineer, Storm Water Coordinator 

West Virginia Office of Water Resources 

Division of Environmental Protection 

1201 Greenbrier Street 

Charleston, WV 253 11 

304-558-8855 

FAX 304-348-5905 

39 
EPA Regioo IV 

Address U.S. EPA - Regioo IV 

345 Courtland Street, NE 

Atlanta, GA 30365 

FaX 404-347-1739 or 1798 

J 

Name Title Telephone 

L 

Roosevelt Childtess Chief 404-347-2391 

Slorm Water & Municipal Permits Unit FAX 404-347-1739 

Water Management Division 

Chris Thomas States Contact 404-347-239 1 

FAX 404-347-1739 

State O&es 

in EPA Regioo IV 

Name and Title 

Larry Bryant 

Chief, Permits/Compliance Section 

Address 

Alabama Department of Environmental Management 

Water Division 

Municipal Branch 

175 1 Dickinson Drive 

Montgomery, AL 36130 

Telephone 

205-271-7806 

FAX 205-27 l-7950 

Tim Forrester Alabama Depafiment of Environmental Management 205-271-7786 

Chief, Mining and Nonpoint Source Section Water Division FAX 205-27 l-7950 

1751 Dickinson Drive 

Montgomery, AL 36130 

John Poole 

Chief, Industrial Branch 

Alabama Department of Environmental Management 

Water Division 

Industrial Branch 

1751 Congressman Dickinson Drive 

Montgomery, AL 36130 

205-271-7852 

FAX 205-271-7950 

Aubrey White 

Engineer 

Alabama Department of Environmental Management 

Water Division 

1751 Dickinson Drive 

Montgomery, AL 36130 

205-271-7811 

FAX 205-270-5612 

Eric Livingston 

Environments1 Administrator 

Florida Department of Environmental Regulation 

2600 Blair Stone Road 

Tallahassee, FL 32399-2400 

9w88-0782 

FAX 9044884579 

Dave Bullard 

Program Manager 

Georgia Department of Natural Rcaourccs 

Environmental Protection Division - Municipal 

4244 International Parkway, Suite 110 

Atlanta, GA 30354 

404-362-2680 

FAX 404-362-2654 

Lawencc W. Hedges 

Program Manager 

Georgia Department of Natural Resources 

Environmental Protection Division - Industrial 

205 Butler Street, SE, Suite 1070 

Allanta, GA 30334 

4046564807 

FAX 404-362-2654 

40 
. 

I 

w 

. 

/ 

I 

, 

I 

1 

1 

I 

1 

! 

1 

1 

Name and Title 

Will Salter 

Environmental Specialiu 

Address 

Georgia Department of Natural Resources 

Environmental Protection Division - Industrial 

205 Butler Street, SE, Suite 1070 

Atlanta, GA 30334 

Telephone 

4Q4-65ti887 

FAX 404-65 l-9425 

Douglas Allgeier 

Industrial Section Supcrvisor 

Department of Environmental Protection 

Kentucky Division of Water 

14 Reilly Road 

Frankfort, KY 40601 

502-564-3410 

FAX 502-564-4245 

Jeff Hippe 

Permit Writer 

Department of Environmental Protection 

Kentucky Division of Water 

14 Reilly Road 

Frankfort. KY 40601 

502-564-3410 

FAX 502-564-4245 

Herb Ray 

Environmental Engineer (Municipalities) 

’ Department of Environmental Protection 

Kentucky Division of Water 

14 Reilly Road 

Frankfort, KY 40601 

502-564-34 10 

FAX 502-564-4245 

Jerry Cain 

Chief, Industrial Wastewater Branch 

Mississippi Department of Environmental Quality 

OfIice of Pollution Control 

Industrial Wastewater Branch 

P.O. Box 10385 

Jackson, MS 39289-0385 

601-961-5073 

FAX 601-354-6612 

Louis Lavallee 

Chief, Storm Water Section 

Mississippi Department of Environmental Quality 

Office of Pollution Control 

P.O. Box 10385 

Jackson, MS 39289-0385 

601-961-5074 

FAX 601-354-6612 

Kenneth LaFleur 

Assistant, Storm Water Section 

Mississippi Department of Environmental Quality 

Office of Pollution Control 

P.O. Box 10385 

Jackson, MS 39289-0385 

601-961-5192 

FAX 601-354-6612 

Bradley Bennett 

Environmental Engincrr 

Noflh Carolina Division of Environmental Management 

P.O. Box 29535 

Raleigh, NC 27626-0535 

919-733-5083 

FAX 919-733-9919 

Bill Mills 

Environmental Enginezr 

North Carolina Department of Environment, Health & Natural 

Resources 

P.O. Box 29535 

Raleigh, NC 276X-0535 

919-733-5083 

FAX 919-733-9919 

kfluro Ovalles 

itorm Water Manager 

South Carolina Department of Health and Environmental Control 

Bureau of Water Pollution 

2600 Bull Street 

Columbia, SC 29201 

803-734-5300 

FAX 803-734-5216 

tobert Haley, 111 

Snvironmental Eng&r 

Tennessee Water Pollution Control 

L&C Annex, 6th Floor 

401 Church Street 

Nashville, TN 37243-1534 

615-532-0625 

FAX 615-532-0614 

41 
.- 

EPA Region V 

Address U.S. EPA - Region V 

77 W. Jackson Blvd. 

Mail Code WQPl6J 

Chicago, IL 60604 

Fax 312-886-7804 

I Name Tie I Telephone I Mail stop I 

Irv Dzikowski 

Peter Swenson 

Sfeve Jann 

Chief of Unit 1 - Permits Section 

Environmental Engineer 

Environmental Scientist 

. 312-886-6100 

3 12-886-0236 

3 12-886-2446 

WQP-161 

WQP-161 

WQP-161 

. 

state ofIke 

in EPA Region V 

Name and Title 

Timothy Kluge 

hlanager, Industrial Permit Unit 

Address Telephone 

Illinois EPA 217-782-0610 

2200 Churchill Road FAX 217-782-9891 

P.O. Box 19276 

Springfield, IL 62794-9276 

Lonnie Brumfield 

Section Chief 

Catherine Ann Hess 

Storm Water Coordinator/Environmental 

Manager 

Gary Boersen 

Chief, Storm Water Permits Unit 

Indiana Dcpartmcnt of Environmental Management 

105 South Meridian Street, P.O. Box 6015 

Indianapolis, IN 46206-6015 

Indiana Department of Environmental Management 

105 South Meridian Street, P.O. Box 6015 

Indianapolis, IN 46206-6015 

Michigan Department of Natural Resources 

Surface Water Quality Division 

P.O. Box 30028 

Lansing, MI 48909 

3 17-232-8705 

FAX 3 17-232-8637 

FAX 317-232-5539 

3 17-232-8704 

FAX 3 17-232-8637 

517-373-1982 

FAX 517-373-9958 

Dave Drullinger 

Environmental Quality Analyst 

Michigan Department of Natural Resources 

Surface Water Quality Division 

P.O. Box 30028 

Lansing. MI 48909 

517-335-4117 

FAX 5 17-373-9958 

Gene Soderbcck 

Engineer/Supervisor 

Minnesota Pollution Control Agency 

520 Lafaytie Road 

St. Paul, MN 55155-3898 

612-2968280 

FAX 612-297-8683 

Scott Thompson 

Pollution Control Specialist/Storm Water 

Coordinator 

John Morrison 

Supervisor, Storm Water Unit 

Minnesota Pollution Control Agency 

520 Lafayette Road 

St. Paul, MN 551553898 

Ohio EPA 

1800 Watermark Drive, P.O. Box 1049 

Columbus, OH 43266-0149 

612-296-7203 

FAX 612-297-8683 

614-644-2017 

FAX 614-6442329 

Robert Phelps 

Section Manager 

Ohio EPA, Water PoUution Control 

1800 Watermark Drive, P.O. Box 1049 

Columbus, OH 43266-0149 

614-644-2034 

FAX 614-644-2329 

42 
I Name and Title Address ~ -Telephone 1 

Wsconsin Department of Natural Resources 

- ~~z.,;.,.~ Envuonmental SpeclahdState .-Lt,P; Storm Box 79?:- ;ik-,t% 1 

43 
Name 

Paulette Johnsey 

Brent Larsen 

Monica SpruiJl 

Astrid Larsen 

Nicole Carter 

Title 

Environmental Scientist 

Municipal Permits Section 

Environmental Scientist 

Municipal Permits Section 

Environmental Engineer 

Municipal Permits Section 

Enforcement Branch 

Telephone Mail stop 1 

214-655-7175 @W-PM) ’ 

214-655-7523 

I 

@W-PM) 

I 

214-655-7190 

I 

&W-PM) 

I 

214-655-7185 I I 

214-655-2186 I I 

State 0ff11es 

in EPA Region VI 

Name and Title Address I Telephone 

Mark Bradley 

Permits Section Chief 

Tom Killeen Louisiana Water Department of Environmental Quality 

Program Manager P.O. Box 82215 

Baton Rouec. LA 70884-2215 

Kilren Virdine 

Environmental Coordinator 

Glen Saums 

Health Program Manager, Surface Water 

Section 

Brooks Kirlin 

Environmental Engineer 

Ted Williamson 

Environmental Engineer Supervisor 

Thomas W. Weber 

Head of Municipal Unit 

hlanager, Permitting Section 

Watershed Management Division 

Arkansas Department of Pollution Control and Ecology 

8001 National Drive 

P.O. Box 8913 

Little Rock, AR 72219-8913 

Louisiana Water Department of Environmental Quality 

P.O. Box 82215 

Baton Rouge, LA 70884-2215 

New Mexico Environment Department 

Surface Water Quality Bureau 

P.O. Box 26110 

Santa Fe, NM 87502 

Oklahoma Water Resource Board 

Water Quality Division 

P.O. Box 150 

Oklahoma City, OK 73117-0150 

Oklahoma Department of Health 

’ 1000 NE 10th Street WQS 0207 

Oklahoma City, OK 73117-1299 

Texas Water Commission 

P.O. Box 13087 

Austin, TX 78711-3087 

. L 

501-562-7444 

FAX 50 l-562-4632 

504-765-0525 

504-765-0634 

FAX 504-765-0635 

504-765-0525 

504-765-0634 

FAX 504-765-0635 

505-827-2827 

FAX 505-827-2836 

405-23 l-2545 

FAX 405-23 l-2600 

405-271-7335 

FAX 405-271-7339 

5 12-463-7748 

FAX 5 12463-8408 

44 
EPA Region VII 

Address U.S. EPA - Rq$on VII 

726 Minnesota 

Kansas City, KS 66101 

Fax 913-551-7765 

Name Title Telephone. 

I 1 

Ralph Summers NPDES Permits Coordinator 913-551-7418 

state 0fflles 

in EPA Region VII 

Name and Title 

Monica Wnuk 

Storm Water Coordinator 

Address 

Iowa Department of Natural Resources 

Environmental Protection Division 

900 E. Grand Avenue 

Des Moines, IA 50319-0034 

Telephone 

515-281-7017 

FAX 515-281-8895 

Don Carlson 

Environmental Engineer V 

Industrial Permits Chief 

Marian Massoth 

Environmental Engineer 

Kansas Department of Health and Environment 

Building 740 - Forbes Field 

Topeka, KS 66620 

Kansas Department of Health and Environment 

Building 740 - Forbes Field 

Topeka, KS 66620 

913-296-5547 

FAX 9 13-296-6247 

913-296-5556 

FAX 913-296-6247 

Karl Fett 

Environmental Specialist 

Missouri Department of Natural Resources 

P.O. Box 176 

Jefferson City, MO 65102 

3 14-526-2928 

FAX 314-751-9396 

Tim Stallman 

Environmental Specialist 

Missouri Department of Natural Resources 

P.O. Box 176 

Jefferson City, MO 65102 

314-751-6825 

FAX 314-751-9396 

Linda Vogt . 

Environmental Specialist 

Missouri Department of Natural Resources 

P.O. Box 176, 205 Jefferson Street 

Jefferson City, MO 65102 

314-751-6825 

FAX 314-751-9396 

Ron Asch 

NPDES Permit Writer 

Nebraska Department of Environmental Control 

Suite 400 

1200 N St&, The Atrium 

P.O. Box 98922 

Lincoln, NE 68509 

402-471-4239 

FAX 40247 l-2909 

David lhrie 

NPDES Permit Writer 

Nebraska Department of Environmental Quality 

Suite 400 

1200 N Strut, The Atrium 

P.O. Box 98922 

Lincoln, NE 68509-8922 

402-471-4239 

FAX 402-471-2909 

Clark Smith 

Supervisor, Permits & Compliance Section 

Nebraska Department of Environmental Control 

Water PoUution Division 

301 Centennial Mall South, P.O. Box 98922 

Lincoln, NE 68507 

402-4714239 

FAX 402-47 l-2909 

45 
.--. 

EPA Region VII1 

Address U.S. EPA - Region VIII 

999 18th Street, Suite 500 

Denver, CO 802024466 

FaX 303-294-1386 

Name I Tttle I Telephone I Room No. I Mall stop I 

Vernon Berry 

Storm Water Coordinator 

U.S. EPA - Region 8 

999 18th Street, Suite 500 

Denver, CO 80202-2466 

3032931630 (IWM-C) ’ 

Paul Montgomery 

Environmental Engineer 

U.S. EPA - Region 8 

999 18th Stttet, Suite 500 

Denver, CO 80202-2466 

406-449-5486 

(Montana 

questions only) 

state Offia 

in EPA Region VIII 

Name and Title 

Kathy Dolan 

Engineering Technician 

Address 

Colorado Department of Health 

Water Quality Control Division 

WQCD-PE-B2 

Permits and Enforcement 

4300 Cherry Creek Drive South 

Denver, CO 80222-1530 

Telephone 

303692-3590 

FAX 303-7824390 

Sarah Plocher 

Storm Water Unit Leader 

Colorado Department of Health 

Water Quality Control Division 

WQCD-PE-B? 

4300 Cherry Creek Drive South 

Denver, CO 80222-1530 

303-692-3590 

FAX 303-7820390 

Fred Shewman 

Supervisor of Permits 

Montana Department of Health and Environmental Sciences 

Water Quality Bureau 

CogsweU Building, RM-206 

Helena, MT 59626 

406444-2406 

FAX 406-444-1374 

Roxann Lincoln 

Environmental Specialist 

Montana Department of Health and Environmental Sciences 

Water Quality Bureau 

CogswelJ BuiJding, RM-206 

Helena, MT 59626 

4-2406 

FAX 406444-1374 

Jim Collins 

Environmental Scientist/Storm Water 

Coordinator 

North Dakota Department of Health 

Division of Water Quality 

P.O. Box 5520 

Bismarck, ND 58502-5520 

701-221-5210 

FAX 701-221-5200 

Sheila McClenatahan 

NPDES Program Manager 

North Dakota Department of Health 

Division of Water Quality 

P.O. Box 5520 

Bismarck. ND 58502-5520 

701X21-5210 

FAX 701-221-5200 

46 
Name and Title Address Telephone 

e 

Glenn Pieritz South Dakota Department of Environment and Natural Resources 605-773-3351 

Natural Resources Engineer Point Source Control Division FAX 605-773a35 

Joe Foss Building 

Pierre, SD’ 57501-3181 

Harry Campbell 

Environmental Engineer/Storm Water 

Coordinator 

Utah Department of Environmental Quality 

Division of Water Quality 

P.O. Box 144870 

Salt Lake City, UT 84114-4870 

801-5386146 

FAX 801-538-6016 

John Wagner 

Technical Support Supervisor 

Wyoming Department of Environmental Quality 

Herschler Building 

122 west 25th street 

Cheyenne, WY 82002 

307-777-7082 

FAX 307-777-5973 

Marisa Latady 

Environmental Analyst 

Wyoming Department of Environmental Quality 

Herschler Building 

I22 West 25th Street 

Chevenne. WY 82002 

307-m-1588 

FAX 307-n7-5973 

47 
Name Tie Telephone Mailstop 

Eugene Bromley (W-5-1) Storm Water Coordinator 415-744-1906 (w-5- 1) 

state offices 

in EPA Region IX 

Name and Title 

Robert Wilson 

Storm Water Coordinator 

Address 

Arizona Department of Environmental Quality 

Plan, Review and Permit Section 

2005 North Central 

Phoenix, AZ 85004 

Telephone 

602-2074574 

FAX 602-207474 

Mike Adackapara 

Senior Water Resources Control Engineer 

California State Water Resources Quality Control Board 

Santa Ana Regional Board 

2010 Iowa Avenue, Suite 100 

Riverside, CA 92507-2409 

714-782-4130 

FAX 714-781-6288 

Randy Eckstron 

Senior Engineer 

California State Water Resources Quality Control Board 

Lahontan Regional Board 

2092 Lake Tahoe Boulevard 

South Lake Tahoe, CA 96150 

916-544-3481 

FAX 916544-2271 

Brad Hagemann 

Associate Water Resources Control 

Engineer 

California State Water Resources Quality Control Board 

Central Coast Regional Board 

81 Higuera Street, Suite 200 

San Luis Obispo, CA 93401-5247 

805-549-3697 

FAX 805-543-0397 

Deborah Jayne 

Environmental Specialist III 

California State Water Resources Quality Control Board 

San Diego Regional Board 

9771 Claremont Mason Boulevard, Suite B 

San Diego, CA 921241331 

619-467-2972 

FAX 619-571-6972 

Betsy Jennings 

Senior Staff Counsel 

California State Water Resources Quality Control Board 

P.O. Box 100 

Sacramento, CA 95812 

916-657-2421 

FAX 916-657-2388 

Mohammed Khan 

Associate Water Resources Control 

Engineer 

California State Water Resources Quality Control Board 

Colorado River Basin Regional Board 

73-271 Highway 111. Suite 21 

Palm Desert, CA 92260 

619-346-7491 

FAX 619-341-6820 

Archic Mathews 

Supervising Enginox 

California State Water Resources Quality Control Board 

Central Valley Regional Board 

P.O. Box 944213 

Sacramento, CA 94244-2130 

9166570523 

FAX 916-657-2388 

48 
Name and Title 

Alex McDonald 

Associate Water Resources Control 

Engineer 

Address 

California State Water Resources Quality Control Board 

Central Valley Regional Board 

3443 Routicr Road 

Sacramento, CA 95827-3098 

Telepbone 

916361-5626 

FAX 9163615686 

Tom Mumley 

Storm Water Coordinator 

California State Water Resources Quality Control Board 51G286-0962 

San Francisco Bay Regional Board FAX 51&2861380 

2101 Webster Street. Suite 500 

. 

Oakland, CA 94612 

Don Parrin 

Chief of Regulation Unit 

California State Water Resources Quality Control Board 

Central Valley Regional Board 

Division of Water Quality 

P.O. Box 944213 

Sacramento, CA 94244-2130 

916-657-1288 

FAX 91-7-2388 

Xavier Swamikannu 

Water Resources Control Engineer 

California State Water Resources Quality Control Board 

Los Angeles Regional Board 

101 Centrc Plaza Drive 

Monterey Park, CA 917542156 

213-2667592 

FAX 212-7600 

Al Wellman 

Associate Water Resources Control 

Engineer 

California State Water Resources Quality Control Board 

North Coast Regional Board 

1440 Guemevillc Road 

Santa Rosa, CA 95403 

707-576-2220 

FAX 707-5230135 

Steve Chang 

Supervisor - Engineering Section 

Hawaii Department of Health 808~58&4309 

Clean Water Branch FAX 808-5864370 

500 Ala Moana Boulevard 

5 Waterfront Plaza, Suite 250A 

. Honolulu, HI 96813 

Denis R. Lau 

Chief 

Hawaii Department of Health 

Clean Water Branch 

500 Ala Moana Boulevard 

5 Waterfront Plaza, Suite 250A 

Honolulu, HI 96813 

808-5864309 . 

FAX 808-586-4330 

Rob Saunders 

Environmental Engineer, Division of 

Conservation and Natural Resources 

Division of Environmental Protection 

Capital Complex 

123 West Nye Lane 

Carson City, NV 89710 

702687-4670 

FAX 702-885-0868 

49 
Name Title Telephone Mail stop 

r 

Steve Bubnick Hydrogeologist 206-553-8399 (wD134) ’ 

Kathy Collins Environmental Engineer 206-553-2108 (wDl37) 

Region X Hotline 206553-1214 

Name and Title 

Michael Menge 

Director 

Jerry Yoder 

Chief 

Ranei Nomura 

Storm Water Coordinator 

Peter Birch 

Supervisor of Urban Non-Point 

Management Unit 

Ed O’Brien 

Environmental Engineer 3 

State Offiies 

in EPA Region X 

Address I Telephone 

Alaska Department of Environmental Quality 

410 Willoughby Avenue 

Juneau. AK 99801 

907455260 

FAX 907465-5214 

Permits and Enforcements 

1410 North Hilton Street 

Boise, ID 83706 

208-334-5898 

FAX 208-33-17 

Oregon Department of Environmental Quality, Water Quality 

Division 

811 SW 6th Avenue 

Portland, OR 97204-1309 

503-229-5236 

FAX 503-2296124 

Washington Department of Ecology 

Mail Stop PV-11 

P.O. Box 47600 

Olympia. WA 98504-7600 

206-438-7076 

FAX 206-438-7490 

Washington Department of Ecology 

Mail Stop PV-11 

P.O. Box 47696 

Olympia, WA 98504-7696 

206438-7037 

FAX 206438-7490 

50 
STATE NPDES PROGRAM STATUS 10/27/92 

Approved State Approved to Approved State 

NPDES Permit Regulate Federal Pretreatment 

Program Facilities Program 

Approved General 

Permits Program 

Alabama 10/19/79 10/19/79 10/19/79 06/26/91 

Arkansas 

California 

Colorado 

Connecticut 

Delaware 

Georgia 

Hawaii 

11/01/86 11/01/86 11/01/86 11/01/86 

05/14/73 05/05/78 09/22/89 09/22/89 

03/27/75 03/04/83 

09/26/73 01/09/89 06/03/81 03/10/92 

04/0l/74 10/23/92 

06/28/74 12/08/80 03/12/81 0l/28/91 

11/28/74 06/01/79 08/12/83 09/30/91 

Illinois 10/23/77 09/20/79 01/04/84 

Indiana 

Iowa 

01/01/75 12/09/78 04/02/91 

08/10/78 08/10/78 06/03/81 08/12/92 

Kansas 06/28/74 08/28/85 

Kentucky 09/30/83 09/30/83 09/30/83 09/30/83 

Maryland 09/05/74 11/10/87 09/30/85 09/30/91 

Michigan 10/17/73 12/09/78 06/07/83 

Minnesota 06/30/74 12/09/78 07/16/79 12/15/97 

Mississippi 05/01/74 01/28/83 05/13/82 09/27/91 

Missouri 10/30/74 06/26/79 06/03/81 12/12/85 

Montana 06/10/74 06/23/81 04/29/83 

Nebraska 

Nevada 

06/12/74 11/02/79 09/07/84 07/20/89 

09/19/75 08/31/78 07/27/92 

New Jersey 

New York 

North Carolina 

04/13/82 04/13/82 04/13/82 04/13/82 

10/28/75 06/13/80 10/15/92 

10/19/75 09/28/84 06/14/82 09/06/91 

North Dakota 06/13/75 01/22/90 01/22/90 

Ohio 03/l1/74 01/28/83 07/27/83 08/17/92 

Oregon 

Pennsylvania 

09/26/73 03/02/79 03/12/81 02/23/82 

06/30/78 06/30/78 08/02/91 

Rhode Island 09/17/84 09/17/84 09/17/84 09/17/84 

South Carolina 06/10/75 09/26/80 04/09/82 09/03/92 

Tennessee 

Utah 

Vermont 

12/28/77 09/30/86 08/10/83 04/18/91 

07/07/87 07/07/87 07/07/87 07/07/87 

03/11/74 03/16/82 

Virgin Islands 

Virginia 

Washington 

06/30/76 

03/31/75 02/09/82 04/14/89 05/20/91 

11/14/73 09/30/86 09/26/89 

West Virginia 

Wisconsin 

05/10/82 05/10/82 05/10/82 05/10/82 

02/04/74 1l/26/79 12/24/80 12/19/86 

Wyoming 0l/30/75 05/18/81 

Totals 39 34 27 

Number of Fully Authorized Programs (Federal Facilities, Pretreatment, General Permits) = 24 

09/24/91 

35 

51 
Regulatory Definitions 

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. (See 

$122.3). 

Storm Water Associated with Industrial Activity means the discharge from any conveyance 

which is used for collecting and conveying storm water and which 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 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 this paragraph (i)-(xi) of this 

definition) include those facilities designated under 122.26(a)(l)(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 which 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), 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 434.1 l(l) 

because the performance bond issued to the facility by the appropriate SMCRA authority 

has been released, or except for areas of non-coal 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 

52 
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 which 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 which 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 which are otherwise identified under paragraphs (i)-(vii) or (ix)-(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 

403. Not included are 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 40 CFR 503; 

(x) Construction activity including clearing, grading and excavation activities except: 

operations that result in the disturbance of less than five acres of total land area which 

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 which are not otherwise included within categories (i)-(x))1. 

1 On June 4, 1992, the United States Court of Appeals for the Ninth Circuit 

remanded the exclusion for manufacturing facilities in category (xi) which do not have 

materials or activities exposed to storm water to the EPA for further rulemaking. (Nos. 

90-70671 and 91-70200). 

53 
Industrial Subclassification of Auxiliary Establishment 

[From Standard Industrial Classification Manual 1987, Office of Management and 

Budget, p. 17] 

Central Administrative Offices 

Auxiliary establishments primarily engaged in performing management and other general 

administrative functions centrally for other establishments of the same enterprise. 

Accounting offices 

Advertising offices 

Buying offices 

Central offices 

Corporate offices 

Recordkeeping offices 

Public relations offices 

Purchasing offices 

Executive offices 

Financial offices 

Head offices 

Legal offices 

Lobbying offices 

Computer operations facilities 

Marketing research offices 

Data processing facilities 

District administrative offices 

Regional administrative offices 

Research, Development, and Testing Laboratories 

Auxiliary establishments primarily engaged in performing laboratory or other physical or 

biological research, development, and testing for other establishments of the same enterprise. 

Biological research facilities Industrial laboratories 

Chemical laboratories Laboratories, testing of products 

Engineering laboratories Research laboratories 

Testing facilities Food research/testing facilities 

Warehouses 

Auxiliary establishments primarily engaged in storing raw materials, finished goods, and 

other products to be used or sold by other establishments of the same enterprise. 

Storage yards Warehouses 

54 
Auxiliaries, Not Elsewhere Classified 

Auxiliary establishments primarily engaged in providing support services, not elsewhere 

classified, for other establishments of the same enterprise. 

Advertising sales offices 

Security offices 

Trucking terminals 

Showrooms, without sales 

Recreation centers 

Stamp redemption centers 

Repair shops 

Computer maintenance facilities 

Garages: maintenance, repair, 

motor pools 

Trading stamp stores 

Milk receiving stations 

55 


.