Appendix A: Proposed 2015 NPDES Multi-Sector General

Permit

Note: This version of the permit was originally submitted as an attachment to 

the Biological Evaluation for the proposed action. 

The permit’s original Appendix E (“Procedures Relating to Endangered 

Species Protection Guidance and Worksheet”) in that version is not included 

here as it was revised and resubmitted in June 2014. See Appendix C of this 

Biological Opinion for the latest version of the guidance and worksheet 

submitted to this office.

2015 MSGP Biological Opinion A-1
Proposed 2013 MSGP

United States Environmental Protection Agency (EPA) 

National Pollutant Discharge Elimination System (NPDES) 

MULTI-SECTOR GENERAL PERMIT FOR STORMWATER DISCHARGES 

ASSOCIATED WITH INDUSTRIAL ACTIVITY (MSGP)

In compliance with the provisions of the Clean Water Act (CWA), as amended (33 U.S.C. 

1251 et seq.), operators of stormwater discharges associated with industrial activity located in an 

area identified in Appendix C where EPA is the permitting authority are authorized to discharge 

to waters of the United States in accordance with the eligibility and Notice of Intent (NOI) 

requirements, effluent limitations, inspection requirements, and other conditions set forth in this 

permit. This permit is structured as follows: 

x General requirements that apply to all facilities are found in Parts 1 through 7; 

x Industry sector-specific requirements are found in Part 8; and 

x Specific requirements that apply in individual states and Indian country are found in Part 

9. 

The Appendices (A through P) contain additional permit conditions that apply to all 

operators covered under this permit. 

This permit becomes effective on [insert date of final permit signature]. 

This permit and the authorization to discharge expire at midnight, [insert date 5 years from 

date of final permit signature]. 

Name 

Title, EPA Region 1 

Signed and issued this Xth day of X, 2013 

 

Name 

Title, EPA Region 2 Caribbean Office 

Signed and issued this Xth day of X, 2013 

Name 

Title, EPA Region 3 

Signed and issued this Xth day of X, 2013 

Name 

Title, EPA Region 5 

Signed and issued this Xth day of X, 2013 

Name 

Title, EPA Region 6 

Signed and issued this Xth day of X, 2013 

Name 

Title, EPA Region 7 

Signed and issued this Xth day of X, 2013 

Name 

Title, EPA Region 8 

Signed and issued this Xth day of X, 2013 

Name 

Title, EPA Region 9 

Signed and issued this Xth day of X, 2013 

Name 

Title, EPA Region 10 

Signed and issued this Xth day of X, 2013 

2015 MSGP Biological Opinion A-2
Proposed 2013 MSGP 

NPDES MULTI-SECTOR GENERAL PERMIT FOR STORMWATER 

DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY 

TABLE OF CONTENTS

1. Coverage Under this Permit. ......................................................................................................... 1

1.1 Eligibility. ......................................................................................................................................... 1

1.1.1 Facilities Covered. ........................................................................................................................ 1

1.1.2 Allowable Stormwater Discharges. ........................................................................................... 1

1.1.3 Allowable Non-Stormwater Discharges. .................................................................................. 2

1.1.4 Limitations on Coverage. ............................................................................................................ 3

1.1.4.1 For Discharges Mixed with Non-Stormwater. ................................................................ 3

1.1.4.2 For Stormwater Discharges Associated with Construction Activity. ........................... 3

1.1.4.3 For Discharges Currently or Previously Covered by Another Permit. ......................... 3

1.1.4.4 For Stormwater Discharges Subject to Effluent Limitations Guidelines. ...................... 4

1.1.4.5 Endangered and Threatened Species and Critical Habitat Protection. .................... 4

1.1.4.6 Historic Properties Preservation. ...................................................................................... 5

1.1.4.7 Eligibility for New Dischargers: Based on Water Quality Standards. .......................... 6

1.1.4.8 Eligibility for New Dischargers to Water-Quality Impaired Waters. ............................. 6

1.1.4.9 Eligibility for New Dischargers to Waters with High Water Quality. ............................. 7

1.1.4.10 For Discharges to a Federal CERCLA Site. ...................................................................... 7

1.2 Authorization Under this Permit. ................................................................................................... 8

1.2.1 How to Obtain Authorization. ..................................................................................................... 8

1.2.1.1 Submitting Your Notice of Intent (NOI). .......................................................................... 8

1.2.1.2 How to Submit Your NOI. .................................................................................................. 8

1.2.1.3 Deadlines for Submitting Your NOI and Your Official Date of Permit Coverage. ...... 8

1.2.2 Continuation of Coverage for Existing Permittees After the Permit Expires. ..................... 9

1.2.3 Coverage Under Alternative Permits. ..................................................................................... 10

1.2.3.1 Denial of Coverage for New or Previously Unpermitted Facilities. ........................... 10

1.2.3.2 Loss of Authorization Under the 2013 MSGP for Existing Permitted Facilities. .......... 10

1.2.3.3 Operator Requesting Coverage Under an Alternative Permit. ................................. 10

1.3 Terminating Coverage. ............................................................................................................... 11

1.3.1 Submitting a Notice of Termination (NOT). ............................................................................ 11

1.3.2 How to Submit Your NOT. .......................................................................................................... 11

1.3.3 When to Submit Your NOT. ........................................................................................................ 11

1.4 Conditional Exclusion for No Exposure. .................................................................................... 11

1.5 Permit Compliance. ..................................................................................................................... 11

2. Control Measures and Effluent Limits. ........................................................................................ 12

2.1 Control Measures. ........................................................................................................................ 12

2.1.1 Control Measure Selection and Design Considerations. .................................................... 12

2.1.2 Non-Numeric Technology-Based Effluent Limits (BPT/BAT/BCT)......................................... 13

2.1.2.1 Minimize Exposure. ......................................................................................................... 13

2.1.2.2 Good Housekeeping. ..................................................................................................... 13

2.1.2.3 Maintenance. .................................................................................................................. 14

2.1.2.4 Spill Prevention and Response. ..................................................................................... 14

2.1.2.5 Erosion and Sediment Controls. .................................................................................... 15

2.1.2.6 Management of Runoff. ................................................................................................. 15

2.1.2.7 Salt Storage Piles or Piles Containing Salt. ................................................................... 15

2.1.2.8 Employee Training. ......................................................................................................... 15

2.1.2.9 Non-Stormwater Discharges. ......................................................................................... 16

2.1.2.10 Dust Generation and Vehicle Tracking of Industrial Materials. ................................. 16

2.1.3 Numeric Effluent Limitations Based on Effluent Limitations Guidelines. ............................ 16

2.2 Water Quality-Based Effluent Limitations. ................................................................................. 17

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2.2.1 Water Quality Standards. .......................................................................................................... 17

2.2.2 Discharges to Water Quality-Impaired Waters. .................................................................... 17

2.2.2.1 Existing Discharge to an Impaired Water with an EPA-Approved or 

Established TMDL. ............................................................................................................ 17

2.2.2.2 Existing Discharge to an Impaired Water without an EPA-Approved or 

Established TMDL. ............................................................................................................ 18

2.2.2.3 New Discharge to an Impaired Water. ........................................................................ 18

2.2.3 Tier 2 Antidegradation Requirements for New or Increased Dischargers. ...................... 18

2.3 Requirements Relating to Endangered Species and Historic Properties. .............................. 18

3. Inspections.................................................................................................................................... 18

3.1 Routine Facility Inspections. ....................................................................................................... 18

3.1.1 Exceptions to Routine Facility Inspections for Inactive and Unstaffed Sites. ................... 19

3.1.2 Routine Facility Inspection Documentation. ......................................................................... 20

3.2 Quarterly Visual Assessment of Stormwater Discharges. ........................................................ 20

3.2.1 Quarterly Visual Assessment Procedures. ............................................................................... 20

3.2.2 Quarterly Visual Assessment Documentation. ...................................................................... 21

3.2.3 Exceptions to Quarterly Visual Assessments. ......................................................................... 21

4. Corrective Actions. ...................................................................................................................... 22

4.1 Conditions Requiring SWPPP Review and Revision to Eliminate Problems. ........................... 22

4.2 Corrective Actions and Deadlines. ........................................................................................... 23

4.2.1 Immediate Actions. .................................................................................................................... 23

4.2.2 Subsequent Actions. .................................................................................................................. 23

4.3 Corrective Action Documentation. ........................................................................................... 24

4.4 Effect of Corrective Action.......................................................................................................... 24

4.5 Substantially Identical Outfalls. .................................................................................................. 24

5. Stormwater Pollution Prevention Plan (SWPPP). ........................................................................ 24

5.1 Person(s) Responsible for SWPPP Preparation. ......................................................................... 25

5.2 Contents of Your SWPPP. ............................................................................................................. 25

5.2.1 Stormwater Pollution Prevention Team................................................................................... 25

5.2.2 Site Description. ........................................................................................................................... 25

5.2.3 Summary of Potential Pollutant Sources. .............................................................................. 27

5.2.3.1 Activities in the Area. ..................................................................................................... 27

5.2.3.2 Pollutants. ......................................................................................................................... 27

5.2.3.3 Spills and Leaks. .............................................................................................................. 27

5.2.3.4 Non-Stormwater Discharges. ......................................................................................... 27

5.2.3.5 Salt Storage...................................................................................................................... 28

5.2.3.6 Sampling Data................................................................................................................. 28

5.2.4 Description of Control Measures to Meet Technology-Based and Water QualityBased Effluent Limits. .................................................................................................................. 28

5.2.5 Schedules and Procedures. ...................................................................................................... 28

5.2.5.1 Pertaining to Control Measures Used to Comply with the Effluent Limits in Part 

2. ....................................................................................................................................... 28

5.2.5.2 Pertaining to Inspections. ............................................................................................... 29

5.2.5.3 Pertaining to Monitoring. ................................................................................................ 29

5.2.6 Documentation to Support Eligibility Considerations Under Other Federal Laws. ......... 30

5.2.6.1 Documentation Regarding Endangered Species. ...................................................... 30

5.2.6.2 Documentation Regarding Historic Properties. ........................................................... 30

5.2.7 Signature Requirements. ........................................................................................................... 30

5.3 Required SWPPP Modifications. .................................................................................................. 30

5.4 SWPPP Availability. ....................................................................................................................... 31

5.4.1 SWPPP Posting on the Internet. ................................................................................................ 31

5.5 Additional Documentation Requirements. ............................................................................... 31

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6. Monitoring. .................................................................................................................................... 32

6.1 Monitoring Procedures. ............................................................................................................... 32

6.1.1 Monitored Outfalls. ..................................................................................................................... 32

6.1.2 Commingled Discharges. .......................................................................................................... 33

6.1.3 Measurable Storm Events. ......................................................................................................... 33

6.1.4 Sample Type. ............................................................................................................................... 33

6.1.5 Adverse Weather Conditions. .................................................................................................. 33

6.1.6 Climates with Irregular Stormwater Runoff. ........................................................................... 33

6.1.7 Monitoring Periods. ..................................................................................................................... 33

6.1.8 Monitoring for Allowable Non-Stormwater Discharges. ...................................................... 34

6.2 Required Monitoring. ................................................................................................................... 34

6.2.1 Benchmark Monitoring. ............................................................................................................. 34

6.2.1.1 Applicability of Benchmark Monitoring. ...................................................................... 35

6.2.1.2 Benchmark Monitoring Schedule. ................................................................................ 35

6.2.1.3 Exception for Inactive and Unstaffed Sites. ................................................................. 36

6.2.2 Effluent Limitations Monitoring. ................................................................................................. 37

6.2.2.1 Monitoring Based on Effluent Limitations Guidelines. ................................................. 37

6.2.2.2 Substantially Identical Outfalls. ..................................................................................... 37

6.2.2.3 Follow-up Actions if Discharge Exceeds Numeric Effluent Limit. .............................. 37

6.2.3 State or Tribal Monitoring Provisions. ....................................................................................... 38

6.2.3.1 Sectors Required to Conduct State or Tribal Monitoring. ........................................... 38

6.2.3.2 State or Tribal Monitoring Schedule. .............................................................................. 38

6.2.4 Discharges to Impaired Waters Monitoring. .......................................................................... 38

6.2.4.1 Permittees Required to Monitor Discharges to Impaired Waters. ............................. 38

6.2.4.2 Impaired Waters Monitoring and Schedule................................................................. 39

6.2.5 Additional Monitoring Required by EPA. ................................................................................ 39

7. Reporting and Recordkeeping. ................................................................................................. 40

7.1 Electronic Reporting Requirement. ............................................................................................ 40

7.2 Submitting Information to EPA. ................................................................................................... 40

7.3 Additional SWPPP Information Required in Your NOI. .............................................................. 41

7.4 Reporting Monitoring Data to EPA. ............................................................................................ 41

7.5 Annual Report............................................................................................................................... 41

7.6 Exceedance Report for Numeric Effluent Limits. ...................................................................... 42

7.7 Additional Reporting.................................................................................................................... 42

7.8 Recordkeeping. ........................................................................................................................... 43

7.9 Addresses for Reports. ................................................................................................................. 43

7.9.1 EPA Addresses. ............................................................................................................................ 43

7.9.2 State and Tribal Addresses. ....................................................................................................... 45

8. Sector Specific Requirements .................................................................................................... 46 

8A. Sector A: Timber Products ................................................................................................................ 46 

8B. Sector B: Paper and Allied Products .............................................................................................. 49 

8C. Sector C: Chemicals and Allied Products Manufacturing ........................................................ 50 

8D. Sector D: Asphalt Paving and Roofing Materials and Lubricant Manufacturing ................. 53 

8E. Sector E: Glass, Clay, Cement, Concrete, and Gypsum Products .......................................... 55 

8F. Sector F: Primary Metals ................................................................................................................... 57 

8G. Sector G: Metal Mining (Ore Mining and Dressing) .................................................................... 59 

8H. Sector H: Coal Mines and Coal Mining-Related Facilities ......................................................... 73 

8I. Sector I: Oil and Gas Extraction and Refining .............................................................................. 82 

8J. Sector J: Mineral Mining and Dressing ........................................................................................... 84 

8K. Sector K: Hazardous Waste Treatment, Storage, or Disposal Facilities .................................... 94 

8L. Sector L: Landfills, Land Application Sites, and Open Dumps .................................................. 98 

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8M. Sector M: Automobile Salvage Yards .......................................................................................... 102 

8N. Sector N: Scrap Recycling Facilities ............................................................................................. 104 

8O. Sector O: Steam Electric Generating Facilities .......................................................................... 110 

8P. Sector P: Land Transportation and Warehousing ...................................................................... 113 

8Q. Sector Q: Water Transportation .................................................................................................... 116 

8R. Sector R: Ship and Boat Building and Repairing Yards ............................................................ 119 

8S. Sector S: Air Transportation Facilities ............................................................................................ 122 

8T. Sector T: Treatment Works .............................................................................................................. 128 

8U. Sector U: Food and Kindred Products ......................................................................................... 130 

8V. Sector V: Textile Mills, Apparel, and Other Fabric Product Manufacturing; Leather and 

Leather 

 Products ............................................................................................................................................ 132 

8W. Sector W: Furniture and Fixtures .................................................................................................... 134 

8X. Sector X: Printing and Publishing .................................................................................................. 135 

8Y. Sector Y: Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing 

Industries .............................................................................................................................. 137 

8Z. Sector Z: Leather Tanning and Finishing ...................................................................................... 139 

8AA. Sector AA: Fabricated Metal Products ....................................................................................... 141 

8AB. Sector AB: Transportation Equipment, Industrial or Commercial Machinery....................... 144 

8AC. Sector AC: Electronic, Electrical, Photographic, and Optical Goods .................................. 145 

8AD. Sector AD: Non-Classified Facilities .............................................................................................. 146 

9. State/Tribal Specific Requirements .......................................................................................... 147 

Appendices 

Appendix A Definitions and Acronyms ................................................................................................. A-1 

Appendix B Standard Permit Conditions ..............................................................................................B-1 

Appendix C Areas Covered ................................................................................................................... C-1 

Appendix D Activities Covered ............................................................................................................. D-1 

Appendix E Procedures relating to Endangered Species ................................................................ E-1 

Appendix F National Historic Preservation Act Procedures .............................................................. F-1 

Appendix G Notice of Intent ................................................................................................................. G-1 

Appendix H Notice of Termination ........................................................................................................ H-1 

Appendix I Annual Reporting Form ....................................................................................................... I-1 

Appendix J Calculating Hardness in Receiving Waters for Hardness Dependent Metals ......... J-1 

Appendix K No Exposure Certification ................................................................................................. K-1 

Appendix L List of Tier 3, Tier 2, and Tier 2.5 Waters ............................................................................ L-1 

Appendix M Discharge Monitoring Report (DMR) Form ................................................................... M-1 

Appendix N List of SIC and NAICS Codes ............................................................................................ N-1 

Appendix O Summary of Permit Reports and Submittals ................................................................. O-1 

Appendix P List of Federal CERCLA Sites ............................................................................................. P-1 

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1. Coverage Under this Permit. 

1.1 Eligibility. 

1.1.1 Facilities Covered. 

 To be eligible to discharge under this permit, you must (1) have a stormwater discharge 

associated with industrial activity from your primary industrial activity, as defined in Appendix A, 

provided your primary industrial activity is included in Appendix D, or (2) be notified by EPA that 

you are eligible for coverage under Sector AD of this permit. 

1.1.2 Allowable Stormwater Discharges. 

Unless otherwise made ineligible under Part 1.1.4, the following discharges are eligible for 

coverage under this permit:

1.1.2.1 Stormwater discharges associated with industrial activity for any primary industrial 

activities and co-located industrial activities, as defined in Appendix A, except for any 

stormwater discharges specifically prohibited in Part 8; 

1.1.2.2 Discharges designated by EPA as needing a stormwater permit as provided in Sector AD; 

1.1.2.3 Discharges that are not otherwise required to obtain NPDES permit authorization but are 

commingled with discharges that are authorized under this permit; and

1.1.2.4 Discharges subject to any of the national stormwater-specific effluent limitations 

guidelines listed in Table 1-1.

Table 1-1. Stormwater-Specific Effluent Limitations Guidelines

Regulated Discharge 

40 CFR 

Section 

MSGP 

Sector 

New Source 

Performance Standard 

(NSPS)

New 

Source 

Date 

Discharges resulting from spray 

down or intentional wetting of 

logs at wet deck storage areas 

Part 429, 

Subpart I 

A Yes 1/26/81 

Runoff from phosphate fertilizer 

manufacturing facilities that 

comes into contact with any raw 

materials, finished product, byproducts or waste products (SIC 

2874)

Part 418, 

Subpart A 

C Yes 4/8/74 

Runoff from asphalt emulsion 

facilities 

Part 443, 

Subpart A 

D Yes 7/28/75 

Runoff from material storage piles 

at cement manufacturing 

facilities 

Part 411, 

Subpart C 

E Yes 2/20/74 

Mine dewatering discharges at 

crushed stone, construction sand 

and gravel, or industrial sand 

mining facilities 

Part 436, 

Subparts 

B, C, and 

D 

J No N/A 

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Regulated Discharge 

40 CFR 

Section 

MSGP 

Sector 

New Source 

Performance Standard 

(NSPS)

New 

Source 

Date 

Runoff from hazardous waste and 

non-hazardous waste landfills 

Part 445, 

Subparts 

A and B 

K, L Yes 2/2/00 

Runoff from coal storage piles at 

steam electric generating 

facilities 

Part 423 O Yes 11/19/82 

(10/8/74)1

Existing and new primary airports 

with 1,000 or more annual jet 

departures that discharge 

wastewater associated with 

airfield pavement deicing that 

contains urea commingled with 

stormwater 

Part 449 S Yes 6/15/12 

1.1.3 Allowable Non-Stormwater Discharges. 

 The following are the only non-stormwater discharges authorized under this permit, 

provided that all discharges comply with the effluent limitations set forth in Part 2: 

x Discharges from fire-fighting activities; 

x Fire hydrant flushings; 

x Potable water, including water line flushings; 

x Uncontaminated condensate from air conditioners, coolers, and other compressors and 

from the outside storage of refrigerated gases or liquids; 

x Irrigation drainage; 

x Landscape watering provided all pesticides, herbicides, and fertilizers have been 

applied in accordance with the approved labeling; 

x Pavement wash waters where no detergents or hazardous cleaning products are used 

(e.g., bleach, hydrofluoric acid, muriatic acid, sodium hydroxide, nonylphenols), and the 

wash waters do not come into contact with oil and grease deposits or any other toxic or 

hazardous materials (unless cleaned up using dry clean-up methods). You are prohibited 

from directing any authorized pavement wash waters directly into any surface water or 

storm drain inlet unless you have implemented appropriate control measures that meet 

the non-numeric effluent limits in Part 2.1.2. Where appropriate control measures are not 

in place, wash water runoff must first undergo treatment prior to discharge such as 

filtration, detention, or settlement; 

x Routine external building washdown / power washwater that does not use detergents or 

hazardous cleaning products, (such as those containing bleach, hydrofluoric acid, 

muriatic acid, sodium hydroxide, nonylphenols); 

x Uncontaminated ground water or spring water; 

x Foundation or footing drains where flows are not contaminated with process materials; 

x Incidental windblown mist from cooling towers that collects on rooftops or adjacent 

portions of your facility, but not intentional discharges from the cooling tower (e.g., 

“piped” cooling tower blowdown or drains); and 

1 NSPS promulgated in 1974 were not removed via the 1982 regulation; therefore wastewaters generated by Part 

423-applicable sources that were New Sources under the 1974 regulations are subject to the 1974 NSPS. 

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x Discharges from the spray down of lumber and wood product storage yards where no 

chemical additives are used in the spray-down waters and no chemicals are applied to 

the wood during storage (applicable only to Sector A facilities provided the nonstormwater component of the discharge is in compliance with the non-numeric effluent 

limits requirements in Part 2.1.2). 

 Also allowed are discharges of stormwater listed above in Parts 1.1.2 or authorized nonstormwater discharges in Part 1.1.3, commingled with a discharge authorized by a different 

NPDES permit and/or a discharge that does not require NPDES permit authorization. All other 

non-stormwater discharges requiring NPDES permit coverage except those specifically listed in 

Part 1.1.3 are not authorized by this permit. If non-stormwater discharges requiring NPDES permit 

coverage other than those specifically authorized in Part 1.1.3, including sector-specific nonstormwater discharges that are listed in Part 8 (a non-exclusive list provided to raise awareness of 

contaminants or sources of contaminants characteristic of certain sectors), will be discharged, 

such non-stormwater discharges are not covered by this permit or the permit shield provision of 

the CWA Section 402(k) and must be covered under another NPDES permit. 

1.1.4 Limitations on Coverage. 

Any discharges not expressly authorized under this permit are not within the scope of the 

pollutants authorized. Such discharges are not covered by this permit or the permit shield 

provision of the CWA Section 402(k) and they cannot become authorized or shielded by 

disclosure to EPA and/or state via the Notice of Intent (NOI) to be covered by the permit or by 

any other means (e.g., in the Stormwater Pollution Prevention Plan (SWPPP) or during an 

inspection). 

1.1.4.1 For Discharges Mixed with Non-Stormwater. Stormwater discharges that are mixed with 

non-stormwater, other than those non-stormwater discharges listed in Part 1.1.3, are not 

eligible for coverage under this permit. 

1.1.4.2 For Stormwater Discharges Associated with Construction Activity. Stormwater discharges 

associated with construction activity disturbing one acre or more, or that are part of a 

larger common plan of development or sale if the larger common plan will ultimately 

disturb one acre or more, are not eligible for coverage under this permit, unless in 

conjunction with mining activities or certain oil and gas extraction activities as specified 

in Sectors G, H, I, and J of this permit. 

1.1.4.3 For Discharges Currently or Previously Covered by Another Permit. Unless you have 

received written notification from EPA specifically allowing these discharges to be 

covered under this permit, you are not eligible for coverage under this permit for any of 

the following: 

x Stormwater discharges associated with industrial activity that are currently 

covered under an individual NPDES permit or an alternative NPDES general 

permit; 

x Discharges covered within five years prior to the effective date of this permit by 

an individual permit or alternative general permit where that permit established 

site-specific numeric water quality-based limitations developed for the 

stormwater component of the discharge; or 

x Discharges from facilities where any NPDES permit has been or is in the process of 

being denied, terminated, or revoked by EPA (this does not apply to the routine 

reissuance of permits every five years). 

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1.1.4.4 For Stormwater Discharges Subject to Effluent Limitations Guidelines. For discharges 

subject to stormwater effluent limitation guidelines under 40 CFR, Subchapter N, only 

those stormwater discharges identified in Table 1-1 are eligible for coverage under this 

permit. 

1.1.4.5 Endangered and Threatened Species and Critical Habitat Protection. Coverage under 

this permit is available only if your stormwater discharges, allowable non-stormwater 

discharges, and stormwater discharge-related activities were the subject of an 

Endangered Species Act (ESA) consultation or an ESA Section 10 permit, or if your 

stormwater discharges, allowable non-stormwater discharges, and stormwater 

discharge-related activities are not likely to adversely affect any species that are 

federally-listed as endangered or threatened (“listed”) under the ESA and are not likely 

to adversely affect habitat that is federally-designated as “critical habitat” under the 

ESA. You must meet one of the criteria below, following the procedures in Appendix E:

Criterion A. No federally-listed threatened or endangered species or their designated critical 

habitat(s) are likely to occur in the “action area” as defined in Appendix A. To 

certify your eligibility under this criterion, you must use the E.4 Criterion Selection 

worksheet. You must also provide a description of the basis for the criterion you 

selected on your NOI form and provide documentation supporting your eligibility 

determination in your SWPPP. 

Criterion B. The industrial activity’s discharges and discharge-related activities were already 

addressed in another operator’s valid certification of eligibility for your action 

area under this permit and there is no reason to believe that federally-listed 

species or federally-designated critical habitat not considered in the prior 

certification may be present or located in the “action area” (e.g., due to a new 

species listing or critical habitat designation). To certify your eligibility under this 

criterion, there must be no lapse of NPDES permit coverage in the other 

operator’s certification. You must also comply with any terms and conditions 

imposed under the other operator's valid certification of eligibility to ensure that 

your discharges and discharge-related activities are protective of listed species 

and/or critical habitat. To certify your eligibility under this criterion, you must use 

the E.4 Criterion Selection worksheet. You must include in your NOI the NPDES ID 

from the other operator’s notification of authorization under this permit, and a 

description of the basis for the criterion selected on your NOI form, including the 

eligibility criterion selected by the other operator’s certification. You must also 

provide any documentation in your SWPPP that supports the other operator’s 

eligibility determination, as well as any terms and conditions imposed under the 

eligibility requirements that applied under the prior certification. 

Criterion C. Federally-listed threatened or endangered species or their designated critical 

habitat(s) are likely to occur in or near your facility’s “action area,” and your 

industrial activity’s discharges and discharge-related activities are not likely to 

adversely affect listed threatened or endangered species or critical habitat. To 

certify your eligibility under this criterion, you must use the E.4 Criterion Selection 

worksheet. At least 30 days prior to filing your NOI for permit coverage, you must 

submit to EPA and the Services your completed Criterion C worksheet. After 

evaluation of your worksheet, EPA may require additional controls that you must 

implement to avoid or eliminate adverse effects on listed species and critical 

habitat from discharges and discharge-related activities. You may submit your 

NOI for permit coverage 30 days after submitting your completed Criterion C 

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worksheet. You must provide a description of the basis for the criterion you 

selected on your NOI form and provide documentation supporting your eligibility 

determination in your SWPPP. 

Criterion D. Consultation between a Federal Agency and the U.S. Fish and Wildlife Service 

and/or the National Marine Fisheries Service under section 7 of the ESA has been 

concluded. Consultations can be either formal or informal, and would have 

occurred only as a result of a separate federal action (e.g., during application for 

an individual wastewater discharge permit or the issuance of a wetlands dredge 

and fill permit), and consultation must have addressed the effects of the industrial 

activity’s discharges and discharge-related activities on all federally-listed 

threatened or endangered species and all federally-designated critical habitat. 

The result of this consultation must be either: 

i. A biological opinion that concludes that the action in question (taking into 

account the effects of your facility’s discharges and discharge-related 

activities) is not likely to jeopardize the continued existence of listed species, 

nor the destruction or adverse modification of critical habitat; or 

ii. Written concurrence from the applicable Service(s) with a finding that the 

facility’s discharges and discharge-related activities are not likely to adversely 

affect federally-listed species or federally-designated critical habitat. 

To certify your eligibility under this criterion, you must use the E.4 Criterion 

Selection worksheet. You must verify that the consultation remains valid, in 

accordance with 50 CFR §402.16. If reinitiation of consultation is required, in order 

to be eligible under this Criterion you must conclude the reinitiated consultation 

and the result of the consultation must be consistent with (i) or (ii) above. 

If eligible, you must also provide supporting documentation for your 

determination in your NOI and SWPPP, including the Biological Opinion (or PCTS 

tracking number) or concurrence letter. 

Criterion E. Your industrial activities are authorized through the issuance of a permit under 

section 10 of the ESA, and this authorization addresses the effects of the facility’s 

discharges and discharge-related activities on federally-listed species and 

federally-designated critical habitat. To certify your eligibility under this criterion, 

you must use the E.4 Criterion Selection worksheet. You must also provide 

supporting documentation for your determination in your NOI and SWPPP, 

including a copy of the permit from the Services. 

You must comply with any applicable terms, conditions, or other requirements 

developed in the process of meeting the eligibility criteria in this section to remain eligible 

for coverage under this permit. Documentation of these requirements must be kept as 

part of your SWPPP (see Part 5.2.6.1). 

1.1.4.6 Historic Properties Preservation. Coverage under this permit is available only if you meet 

one of the eligibility criteria below, following the procedures in Appendix F: 

Criterion A. There is no potential of an adverse effect on historic properties because there will 

be no new subsurface control measures (which include stormwater 

conveyances) constructed or installed; or 

Criterion B. There are no historic properties or properties eligible for listing in the National 

Register of Historic Places within the area of potential effects (APE); or 

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Criterion C. Your subsurface stormwater controls have the potential to cause adverse effects 

on historic properties. After contacting in writing the EPA Regional office and the 

appropriate SHPO, THPO or an authorized tribal representative, you have 

coordinated with the SHPO, THPO or an authorized tribal representative (or EPA in 

coordination with the SHPO, THPO or an authorized tribal representative), and 

received a written conclusion that the subsurface stormwater controls will not 

cause adverse effects on historic properties; or I have entered into a written 

agreement with the SHPO, THPO or an authorized tribal representative (or EPA in 

coordination with the SHPO, THPO or an authorized tribal representative) 

regarding measures required to mitigate or prevent adverse effects on historic 

properties; or 

Criterion D. Your subsurface stormwater controls have the potential to cause adverse effects 

on historic properties. You have contacted both the EPA Regional office and the 

SHPO, THPO or an authorized tribal representative in writing, and EPA provided 

the additional measures, if any, required for me to be eligible for permit 

coverage. 

If you have been unable to reach agreement with a SHPO, THPO, or other tribal 

representative regarding appropriate measures to mitigate or prevent adverse effects, 

EPA may notify you of additional measures you must implement to be eligible for 

coverage under this permit. 

1.1.4.7 Eligibility for New Dischargers: Based on Water Quality Standards. If you are a new 

discharger (as defined in Appendix A), you are not eligible for coverage under this 

permit for discharges that EPA, prior to authorization under this permit, determines will not 

meet any applicable water quality standard. Where such a determination is made prior 

to authorization, EPA may notify you that an individual permit application is necessary in 

accordance with Part 1.2.3. However, EPA may authorize your coverage under this 

permit after you have included appropriate controls and implementation procedures 

designed to ensure your discharge meets water quality standards. In the absence of 

information demonstrating otherwise, EPA expects that compliance with the stormwater 

control requirements of this permit, including the requirements applicable to such 

discharges in Part 2, will meet applicable water quality standards. 

1.1.4.8 Eligibility for New Dischargers to Water-Quality Impaired Waters. If you are a new 

discharger (as defined in Appendix A), you are not eligible for coverage under this 

permit to discharge to an “impaired water” (as defined in Appendix A) unless you do 

one of the following: 

a. Prevent all exposure to stormwater of the pollutant(s) for which the waterbody is 

impaired, and retain documentation of procedures taken to prevent exposure 

onsite with your SWPPP. 

b. Prior to submitting your NOI, provide to the appropriate EPA Regional Office 

technical information or other documentation to support your claim that the 

pollutant(s) for which the waterbody is impaired is not present at your site, and 

retain such documentation with your SWPPP. 

c. Prior to submitting your NOI, provide to the appropriate EPA Regional Office 

information, either data or other technical documentation, to support a 

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conclusion that the discharge is expected to meet applicable water quality 

standards, and retain such information with your SWPPP. The information to be 

submitted must be sufficient to demonstrate: 

i. For discharges to waters without an EPA-approved or established TMDL, that 

the discharge of the pollutant for which the water is impaired will meet instream water quality criteria at the point of discharge to the waterbody; or 

ii. For discharges to waters with an applicable EPA-approved or established 

TMDL, which specifically provides for a wasteload allocation to stormwater or 

determined that stormwater was not a source of the impairment, that there 

are sufficient remaining wasteload allocations in the TMDL to allow your 

discharge and that existing dischargers to the waterbody are subject to 

compliance schedules designed to bring the waterbody into attainment with 

water quality standards. 

 

You are eligible under Part 1.1.4.8.c if you receive an affirmative determination 

from the Regional Office that your discharge will meet applicable water quality 

standards, in which case you must maintain such determination onsite with your 

SWPPP, or if the Regional Office fails to respond within 30 days of submission of 

data to the Regional Office. 

Note: Your project will be considered to discharge to an impaired water if the first water 

of the U.S. to which you discharge is identified by a state, tribe, or EPA pursuant to 

Section 303(d) of the CWA as not meeting an applicable water quality standard, or is 

included in an EPA-approved or established total maximum daily load (TMDL). For 

discharges that enter a storm sewer system prior to discharge, the first water of the U.S. to 

which you discharge is the waterbody that receives the stormwater discharge from the 

storm sewer system. 

1.1.4.9 Eligibility for New Dischargers to Waters with High Water Quality. 

For new dischargers to Tier 2 or Tier 2.5 waters: 

If you are a new discharger (as defined in Appendix A), you are eligible to discharge to a 

Tier 2 or Tier 2.5 water only if your discharge will not lower the water quality of the 

applicable water. See a list of Tier 2 and Tier 2.5 waters in Appendix L. 

For new dischargers to Tier 3 waters: 

If you are a new discharger (as defined in Appendix A), you are not eligible for coverage 

under this permit for discharges to waters designated by a state or tribe as Tier 3 

(outstanding natural resource waters) for antidegradation purposes under 40 CFR 

131.13(a)(3). See a list of Tier 3 waters in Appendix L.

Note: Your project will be considered to discharge to a Tier 2, Tier 2.5, or Tier 3 water if 

the first water of the US to which you discharge is identified by a state, tribe, or EPA as a 

Tier 2, Tier 2.5, or Tier 3 water. For discharges that enter a storm sewer system prior to 

discharge, the first water of the US to which you discharge is the waterbody that receives 

the stormwater discharge from the storm sewer system. 

1.1.4.10 For Discharges to a Federal CERCLA Site. If you discharge to a federal CERCLA Site as 

defined in Appendix A and referenced in Appendix P, you are ineligible for coverage 

under this permit, unless you notify your applicable EPA Regional Office in advance and 

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the EPA Regional Office determines that you are eligible for permit coverage pursuant to 

Part 1.1.4.10. In determining eligibility for coverage under this Part, the EPA Regional 

Office may evaluate whether you have included appropriate controls and 

implementation procedures designed to ensure your discharge will not lead to 

recontamination of aquatic media at the CERCLA Site. If it is determined that your 

facility discharges to a CERCLA Site referenced in Appendix P after you have obtained 

coverage under this permit, you must contact your applicable EPA Regional Office and 

develop appropriate controls and/or implementation procedures to ensure that your 

discharges will not lead to recontamination of aquatic media at the CERCLA Site. 

For the purposes of this permit, a permittee discharges to a federal CERCLA Site if the 

discharge flows directly into the site through its own conveyance, or a through a 

conveyance owned by others, such as a municipal separate storm sewer system. 

1.2 Authorization Under this Permit. 

1.2.1 How to Obtain Authorization. 

 To obtain authorization under this permit, you must: 

x Be located in a state, territory, or Indian country, or be a federal operator 

identified in Appendix C where EPA is the permitting authority; 

x Meet the Part 1.1 eligibility requirements; 

x Select, design, install, and implement control measures in accordance with Part 

2.1 to meet numeric and non-numeric effluent limits; 

x Develop a SWPPP according to the requirements in Part 5 of this permit or update 

your existing SWPPP consistent with Part 5 prior to submitting your NOI for 

coverage under this permit; and 

x Submit a complete and accurate NOI in accordances with this Part. 

1.2.1.1 Submitting Your Notice of Intent (NOI). To be covered under this permit, you must submit 

to EPA a complete and accurate NOI by the deadline applicable to your facility 

presented in Table 1-2. The NOI certifies to EPA that you are eligible for coverage 

according to Part 1.1, and provides information on your industrial activities and related 

discharges. 

 

You must complete the development of a SWPPP or update your existing SWPPP 

consistent with Part 5 prior to submitting your NOI for coverage under this permit. If you 

choose to post your SWPPP on the Internet according to Part 5.4.1, you must include the 

URL on your eNOI form and this URL must directly link to the SWPPP (not just the corporate 

or facility homepage). If you do not post your SWPPP online, you must enter additional 

facility information from your SWPPP, in accordance with Part 5.4.2. 

1.2.1.2 How to Submit Your NOI. You must submit your NOI, electronically, unless you have 

received a waiver from electronic reporting as described in Part 7.1. 

1.2.1.3 Deadlines for Submitting Your NOI and Your Official Date of Permit Coverage. Table 1-2 

provides the deadlines for submitting your NOI and your official start date of permit 

coverage. 

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Table 1-2. NOI Submittal Deadlines/2013 MSGP Discharge Authorization Dates

Category NOI Submission Deadline Discharge Authorization Date1, 2

Existing dischargers that were 

authorized for coverage under 

the 2008 MSGP 

No later than [90 days 

after permit issuance]. 

30 days after EPA notifies you that it has 

received a complete NOI, unless EPA 

notifies you that your authorization has 

been denied or delayed. Note: You 

must review and update your SWPPP to 

ensure that this permit’s requirements 

are addressed prior to submitting your 

NOI. 

Your authorization under the 2008 MSGP 

is automatically continued until you 

have been granted coverage under this 

permit or an alternative permit, or 

coverage is otherwise terminated. 

New dischargers or existing 

dischargers not authorized for 

coverage under the 2008 MSGP 

A minimum of 30 days 

prior to commencing 

discharge. 

30 days after EPA notifies you that it has 

received a complete NOI, unless EPA 

notifies you that your authorization has 

been denied or delayed. 

New owner/operator of existing 

discharger whose discharge is 

authorized under this permit 

A minimum of 30 days 

prior to the date that the 

transfer to the new 

owner/operator will take 

place. 

30 days after EPA notifies you that it has 

received a complete NOI, unless EPA 

notifies you that your authorization has 

been denied or delayed. 

Other eligible facilities – Facilities 

that commenced discharging 

prior to [date of permit 

issuance], but not covered 

under the 2008 MSGP or another 

NPDES permit 

Immediately, to minimize 

the time discharges from 

the facility will continue 

to be unauthorized. 

30 days after EPA notifies you that it has 

received a complete NOI, unless EPA 

notifies you that your authorization has 

been denied or delayed. 

1 If you have missed the deadline to submit your NOI, any and all discharges from your industrial activities 

will continue to be unauthorized under the Clean Water Act until they are covered by this or a different 

NPDES permit. EPA may take enforcement action for any unpermitted discharges that occur between the 

commencement of discharging and discharge authorization. 2 Discharges are not authorized if your NOI is incomplete or inaccurate or if you were never eligible for 

permit coverage.

1.2.2 Continuation of Coverage for Existing Permittees After the Permit Expires. 

 If this permit is not reissued or replaced prior to the expiration date, it will be 

administratively continued in accordance with the Administrative Procedure Act and 40 CFR 

122.6 and remain in force and effect for discharges that were covered prior to expiration. If you 

were authorized to discharge under this permit prior to the expiration date, any discharges 

authorized under this permit will automatically remain covered by this permit until the earliest of: 

x Your authorization for coverage under a reissued permit or a replacement version of this 

permit following your timely submittal of a complete and accurate NOI requesting 

coverage under the new permit; or 

Note: If you fail to submit a timely NOI for coverage under the reissued or replacement 

permit, your coverage will terminate on the date that the NOI was due. 

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x Your submittal of a Notice of Termination (NOT); or 

x Issuance of an individual permit for the facility’s discharges; or 

x A formal permit decision by EPA not to reissue this general permit, at which time EPA will 

identify a reasonable time period for covered dischargers to seek coverage under an 

alternative general permit or an individual permit. Coverage under this permit will cease 

at the end of this time period. 

EPA reserves the right to modify or revoke and reissue this permit under 40 CFR 122.62 and 

63, in which case you will be notified of any relevant changes or procedures to which you may 

be subject. 

1.2.3 Coverage Under Alternative Permits. 

EPA may require you to apply for and/or obtain authorization to discharge under an 

alternative permit, i.e., either an individual NPDES permit or an alternative NPDES general permit, 

in accordance with 40 CFR 122.64 and 124.5. Any interested person may petition EPA to take 

action under this paragraph. If EPA requires you to apply for an alternative permit, the Agency 

will notify you in writing that a permit application is required. This notification will include a brief 

statement of the reasons for this decision and will contain alternative permit application 

requirements, including deadlines for completing your application. 

1.2.3.1 Denial of Coverage for New or Previously Unpermitted Facilities. For new or previously 

unpermitted facilities, following your submittal of your NOI, you may be denied coverage 

under the 2013 MSGP and must apply for and/or obtain authorization to discharge under 

an alternative permit, according to the provisions of Part 1.2.3. 

1.2.3.2 Loss of Authorization Under the 2013 MSGP for Existing Permitted Facilities. If your 

stormwater discharges are covered under this permit, you may receive a written 

notification that you must either apply for coverage under an individual NPDES permit or 

an alternative general NPDES permit, according to the provisions of Part 1.2.3. In 

addition to the reasons for the decision and alternative permit application deadlines, the 

notice will include a statement that on the effective date of your alternative permit 

coverage, your coverage under the 2013 MSGP will terminate. EPA may grant additional 

time to submit the application if you request it. If you fail to submit an alternative permit 

application as required by EPA, then your authorization to discharge under the 2013 

MSGP is terminated at the end of the day EPA required you to submit your alternative 

permit application. EPA may take appropriate enforcement action for any unpermitted 

discharge. When you become authorized to discharge under an alternative permit, your 

coverage under the 2013 MSGP is terminated on the effective date your replacement 

permit coverage. 

1.2.3.3 Operator Requesting Coverage Under an Alternative Permit. You may request to be 

excluded from coverage under this general permit by applying for an individual permit. 

In such a case, you must submit an individual permit application in accordance with the 

requirements of 40 CFR 122.28(b)(3)(iii), with reasons supporting the request, to EPA at the 

applicable EPA Regional Office listed in Part 7.9.1 of this permit. The request may be 

granted by issuance of an individual permit or authorization of coverage under an 

alternative general permit if your reasons are adequate to support the request. When 

you are authorized to discharge under an alternative permit, your authorization to 

discharge under the 2013 MSGP is terminated on the effective date of the alternative 

permit. 

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1.3 Terminating Coverage. 

1.3.1 Submitting a Notice of Termination (NOT). 

 To terminate permit coverage, you must submit a complete and accurate NOT. Your 

authorization to discharge under this permit terminates at midnight of the day that you are 

notified that your complete NOT has been processed. If you submit a NOT without meeting one 

or more of the conditions identified in Part 1.3.3, then your NOT is not valid. You are responsible 

for meeting the terms of this permit until your authorization is terminated. 

1.3.2 How to Submit Your NOT. 

See Part 7.2 for information on how to submit required information to EPA. 

1.3.3 When to Submit Your NOT. 

 You must submit a NOT within 30 days after one or more of the following conditions have 

been met: 

x A new owner or operator has taken over responsibility for the facility; or 

x You have ceased operations at the facility, there are not or no longer will be discharges 

of stormwater associated with industrial activity from the facility, and you have already 

implemented necessary sediment and erosion controls as required by Part 2.1.2.5; or 

x You are a Sector G, H, or J facility and you have met the applicable termination 

requirements; or 

x You have obtained coverage under an individual or alternative general permit for all 

discharges required to be covered by an NPDES permit, unless EPA has required that you 

obtain such coverage under authority of Part 1.2.3, in which case coverage under this 

permit will terminate automatically. 

1.4 Conditional Exclusion for No Exposure. 

 If you are covered by this permit, and become eligible for a “no exposure” exclusion 

from permitting under 40 CFR 122.26(g), you may file a No Exposure Certification. You are no 

longer required to have a permit upon submission of a complete and accurate no exposure 

certification to EPA. If you are no longer required to have permit coverage because of a no 

exposure exclusion and have submitted a No Exposure Certification form to EPA, you are not 

required to submit a NOT. See Part 7.2 for information on how to submit required information to 

EPA. 

You must submit a No Exposure Certification to EPA once every five years. 

 

1.5 Permit Compliance. 

 

 Any noncompliance with any of the requirements of this permit constitutes a violation of 

this permit, issued under the CWA. As detailed in Part 4 (Corrective Actions) of this permit, failure 

to take any required corrective actions constitutes an independent, additional violation of this 

permit, in addition to any original violation that triggered the need for corrective action. As such, 

any actions and time periods specified for remedying noncompliance do not absolve parties of 

the initial underlying noncompliance. 

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Where corrective action is triggered by an event that does not itself constitute permit 

noncompliance, such as an exceedance of an applicable benchmark, there is no permit 

violation provided you take the required corrective action within the relevant deadlines 

established in Part 4.2. 

 

2. Control Measures and Effluent Limits. 

In the technology-based limits included in Parts 2.1 and 8, the term “minimize” means 

reduce and/or eliminate to the extent achievable using control measures (including best 

management practices) that are technologically available and economically practicable and 

achievable in light of best industry practice. 

2.1 Control Measures. 

 You must select, design, install, and implement control measures (including best 

management practices) to address the selection and design considerations in Part 2.1.1, meet 

the non-numeric effluent limits in Part 2.1.2, meet limits contained in applicable effluent 

limitations guidelines in Part 2.1.3, and meet the water quality-based effluent limitations in Part 

2.2. The selection, design, installation, and implementation of these control measures must be in 

accordance with good engineering practices and manufacturer’s specifications. Note that you 

may deviate from such manufacturer’s specifications where you provide justification for such 

deviation and include documentation of your rationale in the part of your SWPPP that describes 

your control measures, consistent with Part 5.2.4. If you find that your control measures are not 

achieving their intended effect of minimizing pollutant discharges, you must modify these 

control measures in accordance with the corrective action requirements set forth in Part 4. 

Regulated stormwater discharges from your facility include stormwater run-on that commingles 

with stormwater discharges associated with industrial activity at your facility. 

Effluent limit requirements in Part 2.1.2 that do not involve the site-specific selection of a 

control measure or are specific activity requirements (e.g., “Drain fluids from equipment and 

vehicles that will be decommissioned”) are marked with an asterisk (*). When documenting in 

your SWPPP in Part 5 how you will comply with the requirements marked with an asterisk, you 

have the option of including additional information or you may just “cut-and-paste” the effluent 

limits verbatim into your SWPPP without providing additional documentation (see Part 5.2.4). 

 

2.1.1 Control Measure Selection and Design Considerations. 

 

You must consider the following when selecting and designing control measures: 

x Preventing stormwater from coming into contact with polluting materials is 

generally more effective, and less costly, than trying to remove pollutants from 

stormwater; 

x Using control measures in combination is more effective than using control 

measures in isolation for minimizing pollutants in your stormwater discharge; 

x Assessing the type and quantity of pollutants, including their potential to impact 

receiving water quality, is critical to designing effective control measures that will 

achieve the limits in this permit; 

x Minimizing impervious areas at your facility and infiltrating runoff onsite (including 

bioretention cells, green roofs, and pervious pavement, among other 

approaches) can reduce runoff and improve ground water recharge and stream 

base flows in local streams, although care must be taken to avoid ground water 

contamination; 

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x Attenuating flow using open vegetated swales and natural depressions can 

reduce in-stream impacts of erosive flows; 

x Conserving and/or restoring riparian buffers will help protect streams from 

stormwater runoff and improve water quality; and 

x Using treatment interceptors (e.g., swirl separators and sand filters) may be 

appropriate in some instances to minimize the discharge of pollutants. 

2.1.2 Non-Numeric Technology-Based Effluent Limits (BPT/BAT/BCT). 

 In addition to complying with the non-numeric technology-based effluent limits in Part 8, 

you must also: 

 

2.1.2.1 Minimize Exposure. You must minimize the exposure of manufacturing, processing, and 

material storage areas (including loading and unloading, storage, disposal, cleaning, 

maintenance, and fueling operations) to rain, snow, snowmelt, and runoff by either 

locating these industrial materials and activities inside or protecting them with storm 

resistant coverings. In minimizing exposure, you must: 

x Use grading, berming or curbing to prevent runoff of contaminated flows and 

divert run-on away from these areas, unless infeasible; 

x Locate materials, equipment, and activities so that potential leaks and spills are 

contained or able to be contained or diverted before discharge; 

x Clean up spills and leaks promptly using dry methods (e.g., absorbents) to 

prevent the discharge of pollutants; 

x Unless infeasible, store leaky vehicles and equipment indoors or, if stored 

outdoors, use drip pans and absorbents; 

x Use spill/overflow protection equipment; 

x Perform all vehicle and/or equipment cleaning operations indoors, under cover, 

or in bermed areas that prevent runoff and run-on and also that capture any 

overspray; 

x Drain fluids from equipment and vehicles that will be decommissioned or will 

remain unused for extended periods of time;* and 

x Ensure that all washwater, with the exception of discharges from pavement wash 

water and routine building washdown described in Part 1.1.3, drains to a sanitary 

sewer, sump, or other proper collection system (i.e., not the stormwater drainage 

system).* 

The discharge of vehicle and equipment washwater, including tank cleaning operations, 

is not authorized by this permit. These wastewaters must be covered under a separate 

NPDES permit, discharged to a sanitary sewer in accordance with applicable industrial 

pretreatment requirements, or disposed of otherwise in accordance with applicable law. 

Note: Industrial materials do not need to be enclosed or covered if stormwater runoff 

from affected areas does not discharge to receiving waters or if discharges are 

authorized under another NPDES permit.

2.1.2.2 Good Housekeeping. You must keep clean all exposed areas that are potential sources 

of pollutants. You must perform good housekeeping measures, including but not limited 

to, the following: 

x Sweep or vacuum at regular intervals;

x Store materials in appropriate containers;

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x Identify and control all on-site sources of dust to minimize stormwater 

contamination from the deposition of dust on areas exposed to precipitation;

x Keep all dumpsters under cover or fit with a lid that must remain closed when not 

in use;* and

x Ensure that waste, garbage, and floatable debris are not discharged to receiving 

waters by keeping exposed areas free of such materials or by intercepting them 

before they are discharged.

Plastic Materials Requirements: Facilities that handle pre-production plastic pellets are 

required to implement best management practices to eliminate discharges of plastic in 

stormwater. Examples of plastic material required to be addressed as stormwater 

pollutants include plastic resin pellets, powders, flakes, additives, regrind, scrap, waste 

and recycling. 

2.1.2.3 Maintenance. You must maintain all control measures that are used to achieve the 

effluent limits required by this permit in effective operating condition, as well as all 

industrial equipment and systems to help prevent discharges of pollutants from them. This 

includes: 

x Performing inspections and preventive maintenance of stormwater drainage, 

source controls, treatment systems, and plant equipment and systems that could 

fail and result in contamination of stormwater. 

x Diligently maintaining nonstructural control measures (e.g., keep spill response 

supplies available, personnel appropriately trained). 

x Inspecting and maintaining bag houses quarterly to prevent the escape of dust 

from the system and immediately removing any accumulated dust at the base of 

the exterior bag house.* 

x Cleaning catch basins when the depth of debris reaches two-thirds (2/3) of the 

sump depth and keeping the debris surface at least six inches below the outlet 

pipe.* 

If you find that your control measures need to be replaced or repaired, you must 

immediately take all reasonable steps to prevent or minimize the discharge of pollutants 

until a permanent solution is installed and made operational, including cleaning up any 

contaminated surfaces so that the material will not discharge during subsequent storm 

events. 

Note: In this context, the term “immediately” requires you to, on the same day you 

identify that a control measure needs to be replaced or repaired, take all reasonable 

steps to minimize or prevent the discharge of pollutants until a permanent solution is 

installed and made operational. However, if a problem is identified at a time in the work 

day when it is too late to take action, the initiation of action must begin on the following 

work day.

2.1.2.4 Spill Prevention and Response. You must minimize the potential for leaks, spills and other 

releases that may be exposed to stormwater and develop plans for effective response to 

such spills if or when they occur. You must conduct spill prevention and response 

measures, including but not limited to, the following: 

x Plainly label containers (e.g., “Used Oil,” “Spent Solvents,” “Fertilizers and 

Pesticides”) that could be susceptible to spillage or leakage to encourage proper 

handling and facilitate rapid response if spills or leaks occur;* 

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x Implement procedures for material storage and handling, including the use of 

secondary containment and barriers between material storage and traffic areas, 

or a similarly effective means designed to prevent the discharge of pollutants 

from these areas; 

x Develop training on the procedures for expeditiously stopping, containing, and 

cleaning up leaks, spills, and other releases. As appropriate, execute such 

procedures as soon as possible. 

x Keep spill kits on-site, located near areas where spills may occur; and 

x Notify appropriate facility personnel, emergency response agencies, and 

regulatory agencies when a leak, spill, or other release occurs. 

Where a leak, spill or other release containing a hazardous substance or oil in an amount 

equal to or in excess of a reportable quantity established under either 40 CFR Part 110, 40 

CFR Part 117, or 40 CFR Part 302, occurs during a 24-hour period, you must notify the 

National Response Center (NRC) at (800) 424-8802 or, in the Washington, DC, 

metropolitan area, call (202) 267-2675 in accordance with the requirements of 40 CFR 

Part 110, 40 CFR Part 117, and 40 CFR Part 302 as soon as you have knowledge of the 

discharge. State or local requirements may necessitate reporting spills or discharges to 

local emergency response, public health, or drinking water supply agencies. Contact 

information must be in locations that are readily accessible and available. 

2.1.2.5 Erosion and Sediment Controls. You must minimize erosion by stabilizing exposed soils at 

your facility and placing flow velocity dissipation devices at discharge locations. You 

must also use structural and non-structural control measures to prevent the discharge of 

sediment. If you use polymers and/or other chemical treatments as part of your controls, 

you must identify the polymers and/or chemicals used and the purpose. There are many 

resources available to help you select appropriate BMPs for erosion and sediment 

control, including EPA’s Stormwater Discharges from Construction Activities website at: 

www.epa.gov/npdes/stormwater/construction.

2.1.2.6 Management of Runoff. You must divert, infiltrate, reuse, contain, or otherwise reduce 

stormwater runoff, to minimize pollutants in your discharges. In selecting, designing, 

installing, and implementing appropriate control measures, you are encouraged to 

consult with EPA’s internet-based resources relating to runoff management, including the 

sector-specific Industrial Stormwater Fact Sheet Series, 

(www.epa.gov/npdes/stormwater/msgp), National Menu of Stormwater BMPs 

(www.epa.gov/npdes/stormwater/menuofbmps), and National Management Measures 

to Control Nonpoint Source Pollution from Urban Areas 

(www.epa.gov/owow/nps/urbanmm/index.html), and any similar state or tribal 

resources. 

2.1.2.7 Salt Storage Piles or Piles Containing Salt. You must enclose or cover storage piles of salt, 

or piles containing salt, used for deicing or other commercial or industrial purposes, 

including maintenance of paved surfaces. You must implement appropriate measures 

(e.g., good housekeeping, diversions, containment) to minimize exposure resulting from 

adding to or removing materials from the pile. Piles do not need to be enclosed or 

covered if stormwater runoff from the piles is not discharged or if discharges from the 

piles are authorized under another NPDES permit. 

2.1.2.8 Employee Training. You must train all employees who work in areas where industrial 

materials or activities are exposed to stormwater, or who are responsible for 

implementing activities necessary to meet the conditions of this permit (e.g., inspectors, 

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maintenance personnel), including all members of your Pollution Prevention Team. You 

must ensure the following personnel understand the requirements of this permit and their 

specific responsibilities with respect to those requirements: 

x Personnel who are responsible for the design, installation, maintenance, and/or 

repair of controls (including pollution prevention measures); 

x Personnel responsible for the storage and handling of chemicals and materials 

that could become contaminants in stormwater discharges; 

x Personnel who are responsible for conducting and documenting monitoring and 

inspections as required in Parts 3 and 6; and 

x Personnel who are responsible for taking and documenting corrective actions as 

required in Part 4. 

Personnel must be trained in at least the following if related to the scope of their job 

duties (e.g., only personnel responsible for conducting inspections need to understand 

how to conduct inspections): 

x An overview of what is in the SWPPP; 

x Spill response procedures, good housekeeping, maintenance requirements, and 

material management practices; 

x The location of all controls on the site required by this permit, and how they are to 

be maintained; 

x The proper procedures to follow with respect to the permit’s pollution prevention 

requirements; and 

x When and how to conduct inspections, record applicable findings, and take 

corrective actions. 

 

2.1.2.9 Non-Stormwater Discharges. If non-stormwater discharges requiring NPDES permit 

coverage other than those specifically authorized in Part 1.1.3 will be discharged, such 

non-stormwater discharges are not covered by this permit or the permit shield provision 

of the CWA Section 402(k) and must be covered under another NPDES permit. 

2.1.2.10 Dust Generation and Vehicle Tracking of Industrial Materials. You must minimize 

generation of dust and off-site tracking of raw, final, or waste materials. 

2.1.3 Numeric Effluent Limitations Based on Effluent Limitations Guidelines. 

 If you are in an industrial category subject to one of the effluent limitations guidelines 

identified in Table 6-1 (see Part 6.2.2.1), you must meet the effluent limits referenced in Table 2-1 

below:

Table 2-1. Applicable Effluent Limitations Guidelines 

Regulated Activity 40 CFR Part/Subpart Effluent Limit 

Discharges resulting from spray down or 

intentional wetting of logs at wet deck 

storage areas 

Part 429, Subpart I See Part 8.A.7 

Runoff from phosphate fertilizer 

manufacturing facilities that comes into 

contact with any raw materials, finished 

product, by-products or waste products 

(SIC 2874) 

Part 418, Subpart A See Part 8.C.4 

Runoff from asphalt emulsion facilities Part 443, Subpart A See Part 8.D.4 

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Regulated Activity 40 CFR Part/Subpart Effluent Limit 

Runoff from material storage piles at 

cement manufacturing facilities 

Part 411, Subpart C See Part 8.E.5 

Mine dewatering discharges at crushed 

stone, construction sand and gravel, or 

industrial sand mining facilities 

Part 436, Subparts B, C, 

or D 

See Part 8.J.9 

Runoff from hazardous waste landfills Part 445, Subpart A See Part 8.K.6 

Runoff from non-hazardous waste landfills Part 445, Subpart B See Part 8.L.10 

Runoff from coal storage piles at steam 

electric generating facilities 

Part 423 See Part 8.O.8 

Existing and new primary airports with 

1,000 or more annual jet departures that 

discharge wastewater associated with 

airfield pavement deicing that contains 

urea commingled with stormwater 

Part 449 See Part 8.S.7 

2.2 Water Quality-Based Effluent Limitations. 

2.2.1 Water Quality Standards. 

Your discharge must be controlled as necessary to meet applicable water quality 

standards. 

EPA expects that compliance with the conditions in this permit will control discharges as 

necessary to meet applicable water quality standards. If at any time you become aware, or EPA 

determines, that your discharge does not meet applicable water quality standards, you must 

take corrective action as required in Part 4.1 and document the corrective actions as required in 

Part 4.3. You must also comply with any additional requirements that your state or tribe requires 

in Part 9. 

EPA may also impose additional water quality-based limitations on a site-specific basis, or 

require you to obtain coverage under an individual permit, if information in your NOI, required 

reports, or from other sources indicates that your discharges are not controlled as necessary to 

meet applicable water quality standards. You must implement all controls necessary to comply 

with a wasteload allocation in an EPA established or approved TMDL. 

2.2.2 Discharges to Water Quality-Impaired Waters. 

Note: Your project will be considered to discharge to an impaired water if the first water 

of the U.S. to which you discharge is identified by a state, tribe, or EPA pursuant to 

Section 303(d) of the CWA as not meeting an applicable water quality standard, or is 

included in an EPA-approved or established total maximum daily load (TMDL). For 

discharges that enter a storm sewer system prior to discharge, the first water of the U.S. to 

which you discharge is the waterbody that receives the stormwater discharge from the 

storm sewer system. 

2.2.2.1 Existing Discharge to an Impaired Water with an EPA-Approved or Established TMDL. If 

you discharge to an impaired water with an EPA approved or established TMDL, EPA will 

inform you if any additional limits or controls are necessary for your discharge to be 

consistent with the assumptions of any available wasteload allocation in the TMDL, or if 

coverage under an individual permit is necessary in accordance with Part 1.5.1. 

 

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2.2.2.2 Existing Discharge to an Impaired Water without an EPA-Approved or Established TMDL. If 

you discharge to an impaired water without an EPA approved or established TMDL, you 

are still required to comply with Part 2.2.1, and you must comply with the monitoring 

requirements of Part 6.2.4. Note that this provision also applies to situations where EPA 

determines that your discharge is not controlled as necessary to meet water quality 

standards in a downstream water segment, even if your discharge is to a receiving water 

that is not specifically identified on a Section 303(d) list. 

2.2.2.3 New Discharge to an Impaired Water. If your authorization to discharge under this permit 

relied on Part 1.1.4.8 for a new discharge to an impaired water, you must implement and 

maintain any control measures or conditions on your site that enabled you to become 

eligible under Part 1.1.4.8, and modify such measures or conditions as necessary pursuant 

to any Part 4 corrective actions. You are also required to comply with Part 2.2.1 and the 

monitoring requirements of Parts 6.2.4. 

2.2.3 Tier 2 Antidegradation Requirements for New or Increased Dischargers. 

 If you are a new discharger, or an existing discharger required to notify EPA of an 

increased discharge consistent with Part 7.7 (i.e., a “planned changes” report), and you 

discharge directly to waters designated by a state or tribe as Tier 2 or Tier 2.5 for antidegradation 

purposes under 40 CFR 131.12(a), in the absence of information demonstrating otherwise, EPA 

expects that compliance with the stormwater control requirements of this permit will result in 

discharges that will not lower the water quality of the applicable water. See list of Tier 2 and 2.5 

waters in Appendix L. However, EPA may notify you that additional analyses, control measures, 

or other permit conditions are necessary to comply with the applicable antidegradation 

requirements, or notify you that an individual permit application is necessary in accordance with 

Part 2.2.1. 

2.3 Requirements Relating to Endangered Species and Historic Properties. 

 If your eligibility under either Part 1.1.4.5 or Part 1.1.4.6 was made possible through your, or 

another operator’s, agreement to include certain measures or prerequisite actions, or 

implement certain terms and conditions, you must comply with all such agreed-upon 

requirements to maintain eligibility under the MSGP. 

 

3. Inspections. 

3.1 Routine Facility Inspections. 

During normal facility operating hours you must conduct inspections of areas of the 

facility covered by the requirements in this permit, including the following: 

x Areas where industrial materials or activities are exposed to stormwater. 

x Areas identified in the SWPPP and those that are potential pollutant sources (see Part 

5.2.3). 

x Areas where spills and leaks have occurred in the past 3 years. 

x Discharge points. 

x Control measures used to comply with the effluent limits contained in this permit. 

Inspections must be conducted at least quarterly (i.e., once each calendar quarter), or 

in some instances more frequently (e.g., monthly), as appropriate. Increased frequency may be 

appropriate for some types of equipment, processes and stormwater control measures, or areas 

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of the facility with significant activities and materials exposed to stormwater. At least one of your 

routine inspections must be conducted during a period when a stormwater discharge is 

occurring. 

Inspections must be performed by qualified personnel (as defined in Appendix A) with at 

least one member of your stormwater pollution prevention team participating. Inspectors must 

consider the results of visual and analytical monitoring (if any) for the past year when planning 

and conducting inspections. 

During the inspection you must examine or look out for the following: 

x Industrial materials, residue or trash that may have or could come into contact with 

stormwater. 

x Leaks or spills from industrial equipment, drums, tanks and other containers. 

x Offsite tracking of industrial or waste materials, or sediment where vehicles enter or exit 

the site. 

x Tracking or blowing of raw, final or waste materials from areas of no exposure to exposed 

areas. 

x Control measures needing replacement, maintenance or repair. 

During an inspection occurring during a stormwater discharge, control measures 

implemented to comply with effluent limits must be observed to ensure they are functioning 

correctly. Discharge points, as defined in Appendix A, must also be observed during this 

inspection. If such discharge locations are inaccessible, nearby downstream locations must be 

inspected. 

3.1.1 Exceptions to Routine Facility Inspections for Inactive and Unstaffed Sites. 

The requirement to conduct facility inspections on a routine basis does not apply at a 

facility that is inactive and unstaffed, as long as there are no industrial materials or activities 

exposed to stormwater. Such a facility is only required to conduct an annual site inspection in 

accordance with Part 3.1. To invoke this exception, you must indicate your facility is inactive and 

unstaffed on your NOI. If you are already covered under the permit and your facility has 

changed from active to inactive and unstaffed, you must modify your NOI. You must also 

maintain a statement in your SWPPP pursuant to Part 5.2.5.2 indicating that the site is inactive 

and unstaffed, and that there are no industrial materials or activities exposed to precipitation, in 

accordance with the substantive requirements in 40 CFR 122.26(g)(4)(iii). The statement must be 

signed and certified in accordance with Appendix B, Subsection 11. If circumstances change 

and industrial materials or activities become exposed to stormwater or your facility becomes 

active and/or staffed, this exception no longer applies and you must immediately resume 

routine facility inspections. If you are not qualified for this exception at the time you are 

authorized under this permit, but during the permit term you become qualified because your 

facility is inactive and unstaffed, and there are no industrial materials or activities that are 

exposed to stormwater, you must include the same signed and certified statement as above 

and retain it with your records pursuant to Part 5.5. 

Inactive and unstaffed facilities covered under Sectors G (Metal Mining), H (Coal Mines 

and Coal Mining-Related Facilities), and J (Non-Metallic Mineral Mining and Dressing), are not 

required to meet the “no industrial materials or activities exposed to stormwater” standard to be 

eligible for this exception from routine inspections, consistent with the requirements established in 

Parts 8.G.8.4, 8.H.8.1, and 8.J.8.1. 

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3.1.2 Routine Facility Inspection Documentation. 

You must document the findings of your facility inspections and maintain this report with 

your SWPPP as required in Part 5.5. Do not submit your routine facility inspection report to EPA, 

unless specifically requested to do so. However, you must summarize your findings in the annual 

report per Part 7.5. Document all findings, including but not limited to, the following information: 

x The inspection date and time; 

x The name(s) and signature(s) of the inspector(s); 

x Weather information; 

x All observations relating to the implementation of control measures at the facility, 

including: 

o A description of any discharges occurring at the time of the inspection; 

o Any previously unidentified discharges and/or pollutants from the site; 

o Any evidence of, or the potential for, pollutants entering the drainage system; 

o Observations regarding the physical condition of and around all outfalls including 

any flow dissipation devices, and evidence of pollutants in discharges and/or the 

receiving water; 

o Any control measures needing maintenance, repairs, or replacement; 

x Any additional control measures needed to comply with the permit requirements; and 

x Any incidents of noncompliance observed.

Any corrective action required as a result of a routine facility inspection must be 

performed consistent with Part 4 of this permit. 

If you performed a discharge visual assessment required in Part 3.2 during your facility 

inspection, you may include the results of the assessment with the report required in Part 3.1.2, as 

long as all components of both types of inspections are included in the report. 

3.2 Quarterly Visual Assessment of Stormwater Discharges. 

3.2.1 Quarterly Visual Assessment Procedures. 

Once each quarter for the entire permit term, you must collect a stormwater sample 

from each outfall (except as noted in Part 3.2.3) and conduct a visual assessment of each of 

these samples. These samples are not required to be collected consistent with 40 CFR Part 136 

procedures but should be collected in such a manner that the samples are representative of the 

stormwater discharge. Guidance on monitoring is available at 

www.epa.gov/npdes/stormwater/msgp.

The visual assessment must be made: 

x Of a sample in a clean, clear glass, or plastic container, and examined in a well-lit 

area; 

x On samples collected within the first 30 minutes of an actual discharge from a 

storm event. If it is not possible to collect the sample within the first 30 minutes of 

discharge, the sample must be collected as soon as practicable after the first 30 

minutes and you must document why it was not possible to take samples within 

the first 30 minutes. In the case of snowmelt, samples must be taken during a 

period with a measurable discharge from your site; and 

x For storm events, on discharges that occur at least 72 hours (3 days) from the 

previous discharge. The 72-hour (3-day) storm interval does not apply if you 

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document that less than a 72-hour (3-day) interval is representative for local storm 

events during the sampling period. 

You must visually inspect or observe the sample for the following water quality 

characteristics: 

x Color; 

x Odor; 

x Clarity (diminished); 

x Floating solids; 

x Settled solids; 

x Suspended solids; 

x Foam; 

x Oil sheen; and 

x Other obvious indicators of stormwater pollution. 

Whenever the visual assessment shows obvious signs of stormwater pollution, you must 

initiate the corrective action procedures in Part 4. 

3.2.2 Quarterly Visual Assessment Documentation. 

 You must document the results of your visual assessments and maintain this 

documentation onsite with your SWPPP as required in Part 5.5. You are not required to submit 

your visual assessment findings to EPA, unless specifically requested to do so. Your 

documentation of the visual assessment must include, but not be limited to: 

x Sample location(s); 

x Sample collection date and time, and visual assessment date and time for each sample; 

x Personnel collecting the sample and performing visual assessment, and their signatures; 

x Nature of the discharge (i.e., runoff or snowmelt); 

x Results of observations of the stormwater discharge; 

x Probable sources of any observed stormwater contamination; and 

x If applicable, why it was not possible to take samples within the first 30 minutes.

 Any corrective action required as a result of a quarterly visual assessment must be 

performed consistent with Part 4 of this permit.

3.2.3 Exceptions to Quarterly Visual Assessments. 

Adverse Weather Conditions: When adverse weather conditions prevent the collection 

of samples during the quarter, you must take a substitute sample during the next 

qualifying storm event. Documentation of the rationale for no visual assessment for the 

quarter must be included with your SWPPP records as described in Part 5.5. Adverse 

conditions are those that are dangerous or create inaccessibility for personnel, such as 

local flooding, high winds, or electrical storms, or situations that otherwise make sampling 

impractical, such as extended frozen conditions. 

Climates with Irregular Stormwater Runoff: If your facility is located in an area where 

limited rainfall occurs during many parts of the year (e.g., arid or semi-arid climate) or in 

an area where freezing conditions exist that prevent runoff from occurring for extended 

periods, then your samples for the quarterly visual assessments may be distributed during 

seasons when precipitation runoff occurs. 

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Areas Subject to Snow: In areas subject to snow, at least one quarterly visual assessment 

must capture snowmelt discharge, as described in Part 6.1.3, taking into account the 

exception described above for climates with irregular stormwater runoff. 

 

Inactive and Unstaffed Sites: The requirement for a quarterly visual assessment does not 

apply at a facility that is inactive and unstaffed, as long as there are no industrial 

materials or activities exposed to stormwater. To invoke this exception, you must maintain 

a statement in your SWPPP as required in Part 5.2.5.2 indicating that the site is inactive 

and unstaffed, and that there are no industrial materials or activities exposed to 

precipitation, in accordance with the substantive requirements in 40 CFR 122.26(g)(4)(iii). 

The statement must be signed and certified in accordance with Appendix B, Subsection 

11. If circumstances change and industrial materials or activities become exposed to 

stormwater or your facility becomes active and/or staffed, this exception no longer 

applies and you must immediately resume quarterly visual assessments. If you are not 

qualified for this exception at the time you are authorized under this permit, but during 

the permit term you become qualified because your facility is inactive and unstaffed, 

and there are no industrial materials or activities that are exposed to stormwater, then 

you must include the same signed and certified statement as above and retain it with 

your records pursuant to Part 5.5. 

Inactive and unstaffed facilities covered under Sectors G (Metal Mining), H (Coal Mines 

and Coal Mining-Related Facilities), and J (Non-Metallic Mineral Mining and Dressing), 

are not required to meet the “no industrial materials or activities exposed to stormwater” 

standard to be eligible for this exception from quarterly visual assessment, consistent with 

the requirements established in Parts 8.G.8.4, 8.H.8.1, and 8.J.8.1. 

Substantially Identical Outfalls: If your facility has two or more outfalls that you believe 

discharge substantially identical effluents, as documented in Part 5.2.5.3, you may 

conduct quarterly visual assessments of the discharge at just one of the outfalls and 

report that the results also apply to the substantially identical outfall(s) provided that you 

perform visual assessments on a rotating basis of each substantially identical outfall 

throughout the period of your coverage under this permit. 

If stormwater contamination is identified through visual assessment performed at a 

substantially identical outfall, you must assess and modify your control measures as 

appropriate for each outfall represented by the monitored outfall. 

4. Corrective Actions. 

4.1 Conditions Requiring SWPPP Review and Revision to Eliminate Problems. 

 When any of the following conditions occur or are detected during an inspection, 

monitoring or other means, or the EPA, or local, state or tribal entity informs you that any of the 

following conditions has occurred, you must review your SWPPP (e.g., sources of pollution, spill 

and leak procedures, non-stormwater discharges, selection, design, installation and 

implementation of your control measures) to determine if and where revisions may need to be 

made to eliminate the condition, prevent its reoccurrence, and ensure that effluent limits are 

met: 

x An unauthorized release or discharge (e.g., spill, leak, or discharge of non-stormwater not 

authorized by this or another NPDES permit) occurs at your facility. 

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x A discharge violates a numeric effluent limit. 

x Your control measures are not stringent enough for the discharge to meet applicable 

water quality standards or the non-numeric effluent limits in this permit. 

x A required control measure was never installed, was installed incorrectly, or not in 

accordance with Parts 2 and/or 8, or is not being properly operated or maintained. 

x Visual assessments indicate obvious signs of stormwater pollution (e.g., color, odor, 

floating solids, settled solids, suspended solids, foam). 

x The average of four quarterly sampling results exceeds an applicable benchmark (see 

Part 6.2.1.2). If less than four benchmark samples have been taken, but the results are 

such that an exceedance of the four quarter average is mathematically certain (i.e., if 

the sum of quarterly sample results to date is more than four times the benchmark level) 

this is considered a benchmark exceedance, triggering this review. 

x Construction or a change in design, operation, or maintenance at your facility that 

significantly changes the nature of pollutants discharged in stormwater from your facility, 

or significantly increases the quantity of pollutants discharged. 

4.2 Corrective Actions and Deadlines. 

4.2.1 Immediate Actions. 

In all circumstances, you must immediately take all reasonable steps necessary to 

minimize or prevent the discharge of pollutants until a permanent solution is installed and made 

operational, including cleaning up any contaminated surfaces so that the material will not 

discharge in subsequent storm events. 

Note: In this context, the term “immediately” requires you to, on the same day a 

condition requiring corrective action is found, take all reasonable steps to minimize or 

prevent the discharge of pollutants until a permanent solution is installed and made 

operational. However, if a problem is identified at a time in the work day when it is too 

late to initiate corrective action, the initiation of corrective action must begin on the 

following work day. 

4.2.2 Subsequent Actions. 

If you determine that additional changes are necessary beyond those implemented 

pursuant to Part 4.2.1, you must install a new or modified control and make it operational, or 

complete the repair, before the next storm event if possible, and within 14 calendar days from 

the time of discovery. If it is infeasible to complete the installation or repair within 14 calendar 

days, you must document why it is infeasible to complete the installation or repair within the 14-

day timeframe. You must also identify your schedule for completing the work, which must be 

done as soon as practicable after the 14-day timeframe but no longer than 45 days after 

discovery. 

Where your corrective actions result in changes to any of the controls or procedures 

documented in your SWPPP, you must modify your SWPPP accordingly within 

14 calendar days of completing corrective action work. 

These time intervals are not grace periods, but are schedules considered reasonable for 

documenting your findings and for making repairs and improvements. They are included in this 

permit to ensure that the conditions prompting the need for these repairs and improvements are 

not allowed to persist indefinitely. 

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4.3 Corrective Action Documentation. 

You must document the existence of any of the conditions listed in Part 4.1 within 24 

hours of becoming aware of such condition. You are not required to submit your corrective 

action documentation to EPA, unless specifically requested to do so. Include the following 

information in the documentation: 

x Identification and description of the condition triggering the need for corrective action 

review. For any spills or leaks, include the following information: a description of the 

incident including material, date/time, amount, location, and reason for spill, and any 

leaks, spills or other releases that resulted in discharges of pollutants to waters of U.S., 

through stormwater or otherwise; 

x Date the condition was identified; and 

x A discussion of whether the triggering condition requires corrective action. For any spills 

or leaks, include response actions, the date/time clean-up completed, notifications 

made, and staff involved. Also include any measures taken to prevent the reoccurrence 

of such releases (see Part 2.1.2.4). 

You must also document the corrective actions taken that occurred as a result of the 

conditions listed in Part 4.1, within 14 days from the time of discovery of any of those conditions. 

Provide the dates when each corrective action was initiated and completed (or is expected to 

be completed). If applicable, document why it is infeasible to complete necessary installations 

or repairs within the 14-day timeframe and document your schedule for installing the controls 

and making them operational as soon as practicable after the 14-day timeframe. 

4.4 Effect of Corrective Action. 

If the event triggering the review is a permit violation (e.g., non-compliance with an 

effluent limit), correcting it does not remove the original violation. Additionally, failing to take 

corrective action in accordance with this section is an additional permit violation. EPA will 

consider the appropriateness and promptness of corrective action in determining enforcement 

responses to permit violations. 

4.5 Substantially Identical Outfalls. 

If the event triggering corrective action is linked to an outfall that represents other 

substantially identical outfalls, your review must assess the need for corrective action for each 

outfall represented by the outfall that triggered the review. Any necessary changes to control 

measures that affect these other outfalls must also be made before the next storm event if 

possible, or as soon as practicable following that storm event. Any corrective actions must be 

conducted within the timeframes set forth in Part 4.2. 

5. Stormwater Pollution Prevention Plan (SWPPP). 

You must prepare a SWPPP for your facility before submitting your NOI for permit 

coverage. If you prepared a SWPPP for coverage under a previous version of this NPDES permit, 

you must review and update the SWPPP to implement all provisions of this permit prior to 

submitting your NOI. The SWPPP does not contain effluent limitations; the limitations are 

contained in Parts 2, 8, and 9 of the permit. The SWPPP is intended to document the selection, 

design, and installation of control measures. As distinct from the SWPPP, the additional 

documentation requirements (see Part 5.5) are intended to document the implementation 

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(including inspection, maintenance, monitoring, and corrective action) of the permit 

requirements. 

Note that any discharges not expressly authorized under the MSGP are not covered by 

the MSGP or the permit shield provision of the CWA Section 402(k) and they cannot become 

authorized or shielded by disclosure to EPA via the SWPPP or by any other means (e.g., during an 

inspection). 

5.1 Person(s) Responsible for SWPPP Preparation. 

 The SWPPP shall be prepared in accordance with good engineering practices and to 

industry standards. The SWPPP may be developed by either a person on your staff or a third 

party you hire, and it shall be certified in accordance with the signature requirements in Part 

5.2.7. If EPA concludes that the SWPPP is not in substantial compliance with Part 5.2 of this permit, 

EPA may require the SWPPP to be reviewed, amended as necessary, and certified by a 

Professional Engineer, or for Sector G, H or J, by a Professional Geologist, with the education and 

experience necessary to prepare an adequate SWPPP. 

5.2 Contents of Your SWPPP. 

 

 For coverage under this permit, your SWPPP must contain all of the following elements: 

x Stormwater pollution prevention team (see Part 5.2.1); 

x Site description (see Part 5.2.2); 

x Summary of potential pollutant sources (see Part 5.2.3); 

x Description of control measures (see Part 5.2.4); 

x Schedules and procedures (see Part 5.2.5); 

x Documentation to support eligibility considerations under other federal laws (see 

Part 5.2.6); and 

x Signature requirements (see Part 5.2.7). 

 Where your SWPPP refers to procedures in other facility documents, such as a Spill 

Prevention, Control and Countermeasure (SPCC) Plan or an Environmental Management System 

(EMS), copies of the relevant portions of those documents must be kept with your SWPPP. 

5.2.1 Stormwater Pollution Prevention Team. 

You must identify the staff members (by name or title) that comprise the facility’s 

stormwater pollution prevention team as well as their individual responsibilities. Your stormwater 

pollution prevention team is responsible for overseeing development of the SWPPP, any later 

modifications to it, and for compliance with the requirements in this permit. Each member of the 

stormwater pollution prevention team must have ready access to either an electronic or paper 

copy of applicable portions of this permit, the most updated copy of your SWPPP, other relevant 

documents or information that must be kept with the SWPPP. 

5.2.2 Site Description. 

Your SWPPP must include the following: 

x Activities at the Facility. Provide a description of the nature of the industrial 

activities at your facility. 

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x General location map. Provide a general location map (e.g., U.S. Geological 

Survey (USGS) quadrangle map) with enough detail to identify the location of 

your facility and all receiving waters for your stormwater discharges. 

x Site map. Provide a map showing: 

 Boundaries of the property and the size of the property in acres; 

 Location and extent of significant structures and impervious surfaces; 

 Directions of stormwater flow (use arrows); 

 Locations of all stormwater control measures; 

 Locations of all receiving waters, including wetlands, in the immediate vicinity 

of your facility. Indicate which waterbodies are listed as impaired and which 

are identified by your state tribe or EPA as Tier 2 or Tier 2.5 waters; 

 Locations of all stormwater conveyances including ditches, pipes, and swales; 

 Locations of potential pollutant sources identified under Part 5.2.3.2; 

 Locations where significant spills or leaks identified under Part 5.2.3.3 have 

occurred; 

 Locations of all stormwater monitoring points; 

 Locations of stormwater inlets and outfalls, with a unique identification code 

for each outfall (e.g., Outfall No. 1, No. 2), indicating if you are treating one or 

more outfalls as “substantially identical” under Parts 3.2.3, 5.2.5.3, and 6.1.1, 

and an approximate outline of the areas draining to each outfall; 

 If applicable, municipal separate storm sewer systems and where your 

stormwater discharges to them; 

 Areas of federally-listed critical habitat for endangered or threatened 

species, if applicable. 

 Locations of the following activities where such activities are exposed to 

precipitation: 

o fueling stations; 

o vehicle and equipment maintenance and/or cleaning areas; 

o loading/unloading areas; 

o locations used for the treatment, storage, or disposal of wastes; 

o liquid storage tanks; 

o processing and storage areas; 

o 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; 

o transfer areas for substances in bulk; and 

o machinery. 

 Locations and sources of run-on to your site from adjacent property that 

contains significant quantities of pollutants. 

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5.2.3 Summary of Potential Pollutant Sources. 

You must document areas at your facility where industrial materials or activities are 

exposed to stormwater or from which allowable non-stormwater discharges may be released. 

Industrial materials or activities include, but are not limited to: material handling equipment or 

activities; industrial machinery; raw materials; industrial production and processes; and 

intermediate products, by-products, final products, and waste products. Material handling 

activities include, but are not limited to: the storage, loading and unloading, transportation, 

disposal, or conveyance of any raw material, intermediate product, final product or waste 

product. For structures located in areas of industrial activity, you must be aware that the 

structures themselves are potential sources of pollutants. This could occur, for example, when 

metals such as aluminum or copper are leached from the structures as a result of acid rain. 

For each area identified, the description must include: 

5.2.3.1 Activities in the Area. A list of the industrial activities exposed to stormwater (e.g., 

material storage; equipment fueling, maintenance, and cleaning; cutting steel beams). 

5.2.3.2 Pollutants. A list of the pollutant(s) or pollutant constituents (e.g., crankcase oil, zinc, 

sulfuric acid, and cleaning solvents) associated with each identified activity, which could 

be exposed to rainfall or snowmelt and could be discharged from your facility. The 

pollutant list must include all significant materials that have been handled, treated, 

stored, or disposed, and that have been exposed to stormwater in the three years prior 

to the date you prepare or amend your SWPPP.

5.2.3.3 Spills and Leaks. You must document where potential spills and leaks could occur that 

could contribute pollutants to stormwater discharges, and the corresponding outfall(s) 

that would be affected by such spills and leaks. You must document all significant spills 

and leaks of oil or toxic or hazardous pollutants that actually occurred at exposed areas, 

or that drained to a stormwater conveyance, in the three years prior to the date you 

prepare or amend your SWPPP. 

Note: Significant spills and leaks include, but are not limited to, releases of oil or 

hazardous substances in excess of quantities that are reportable under CWA Section 311 

(see 40 CFR 110.6 and 40 CFR 117.21) or Section 102 of the Comprehensive 

Environmental Response, Compensation and Liability Act (CERCLA), 42 USC §9602. This 

permit does not relieve you of the reporting requirements of 40 CFR 110, 40 CFR 117, and 

40 CFR 302 relating to spills or other releases of oils or hazardous substances. 

5.2.3.4 Non-Stormwater Discharges. You must document that you have evaluated for the 

presence of non-stormwater discharges. If non-stormwater discharges requiring NPDES 

permit coverage other than those specifically authorized in Part 1.1.3 will be discharged, 

such non-stormwater discharges are not covered by this permit or the permit shield 

provision of the CWA Section 402(k) and must be covered under another NPDES permit. 

 Documentation of your evaluation must include: 

x The date of the evaluation; 

x A description of the evaluation criteria used; 

x A list of the outfalls or onsite drainage points that were directly observed during 

the evaluation; and 

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x The action(s) taken, such as a list of control measures used to eliminate 

unauthorized discharge(s), or documentation that a separate NPDES permit was 

obtained. For example, a floor drain was sealed, a sink drain was re-routed to 

sanitary, or an NPDES permit application was submitted for an unauthorized 

cooling water discharge. 

5.2.3.5 Salt Storage. You must document the location of any storage piles containing salt used 

for deicing or other commercial or industrial purposes. 

5.2.3.6 Sampling Data. You must summarize all stormwater discharge sampling data collected 

at your facility during the previous permit term. 

5.2.4 Description of Control Measures to Meet Technology-Based and Water Quality-Based 

Effluent Limits. 

You must document the location and type of control measures you have specifically 

chosen and/or designed to comply with: 

x Effluent limits in Part 2.1.2; 

x Applicable effluent limitations guidelines-based limits in Part 2.1.3; 

x Water quality-based effluent limits in Part 2.2; 

x Any agreed-upon endangered species requirements in Part 2.3; and 

x Applicable effluent limits in Parts 8 and 9. 

Regarding your control measures, you must also document, as appropriate: 

x How you addressed the selection and design considerations in Part 2.1.1. 

x How they address the pollutant sources identified in Part 5.2.3. 

Effluent limit requirements in Part 2.1.2 that do not involve the site-specific selection of a 

control measure or are specific activity requirements (e.g., “drain fluids from equipment and 

vehicles that will be decommissioned”) are marked with an asterisk (*). For the requirements 

marked with an asterisk, you may include extra information (e.g., the types of 

vehicles/equipment to be drained of fluids and fate of those fluids, or you may just “cut-andpaste” these effluent limits verbatim into your SWPPP without providing additional 

documentation.

5.2.5 Schedules and Procedures. 

5.2.5.1 Pertaining to Control Measures Used to Comply with the Effluent Limits in Part 2. The 

following must be documented in your SWPPP: 

x Good Housekeeping (See Part 2.1.2.2) – A schedule for regular pickup and 

disposal of waste materials, along with routine inspections for leaks and 

conditions of drums, tanks and containers; 

x Maintenance (See Part 2.1.2.3) – Preventative maintenance procedures, 

including regular inspections, testing, maintenance and repair of all control 

measures to avoid situations that may result in leaks, spills, and other releases, and 

any back-up practices in place should a runoff event occur while a control 

measure is off-line. The SWPPP shall include the schedule or frequency for 

maintaining all control measures used to comply with the effluent limits in Part 2; 

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x Spill Prevention and Response Procedures (See Part 2.1.2.4) – Procedures for 

preventing and responding to spills and leaks, including notification procedures. 

For preventing spills, include in your SWPPP the control measures for material 

handling and storage, and the procedures for preventing spills that can 

contaminate stormwater. Also specify cleanup equipment, procedures and spill 

logs, as appropriate, in the event of spills. You may reference the existence of 

other plans for Spill Prevention Control and Countermeasure (SPCC) developed 

for the facility under Section 311 of the CWA or BMP programs otherwise required 

by an NPDES permit for the facility, provided that you keep a copy of that other 

plan onsite and make it available for review consistent with Part 5.4; 

x Erosion and Sediment Control (Part 2.1.2.8) – If you use polymers and/or other 

chemical treatments as part of your controls, you must identify the polymers 

and/or chemicals used and the purpose; and 

x Employee Training (Part 2.1.2.8) – The elements of your employee training plan 

shall include all, but not be limited to, the requirements set forth in Part 2.1.2.8, 

and also the following: 

o The content of the training; The frequency/schedule of training for 

employees who have duties in areas of industrial activities subject to this 

permit; 

o A log of the dates on which specific employees received training. 

5.2.5.2 Pertaining to Inspections. You must document in your SWPPP your procedures for 

performing, as appropriate, the types of inspections specified by this permit, including: 

x Routine facility inspections (see Part 3.1) and; 

x Quarterly visual assessment of stormwater discharges (see Part 3.2). 

 For each type of inspection performed, your SWPPP must identify: 

x Person(s) or positions of person(s) responsible for inspection; 

x Schedules for conducting inspections, including tentative schedule for facilities in 

climates with irregular stormwater runoff discharges (see Part 3.2.3); and 

x Specific items to be covered by the inspection, including schedules for specific 

outfalls. 

If you are invoking the exception for inactive and unstaffed sites relating to routine facility 

inspections and quarterly visual assessments, you must include in your SWPPP the 

information to support this claim as required by Parts 3.1.1 and 3.2.3. 

5.2.5.3 Pertaining to Monitoring. You must document in your SWPPP your procedures for 

conducting the five types of analytical monitoring specified by this permit, where 

applicable to your facility, including: 

x Benchmark monitoring (see Part 6.2.1); 

x Effluent limitations guidelines monitoring (see Part 6.2.2); 

x State- or tribal-specific monitoring (see Part 6.2.3); 

x Impaired waters monitoring (see Part 6.2.4); and 

x Other monitoring as required by EPA (see Part 6.2.5). 

 

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For each type of monitoring, your SWPPP must document: 

x Locations where samples are collected, including any determination that two or 

more outfalls are substantially identical; 

x Parameters for sampling and the frequency of sampling for each parameter; 

x Schedules for monitoring at your facility, including schedule for alternate 

monitoring periods for climates with irregular stormwater runoff (see Part 6.1.6); 

x Any numeric control values (benchmarks, effluent limitations guidelines, TMDLrelated requirements, or other requirements) applicable to discharges from each 

outfall; and 

x Procedures (e.g., responsible staff, logistics, laboratory to be used) for gathering 

storm event data, as specified in Part 6.1. 

If you are invoking the exception for inactive and unstaffed sites for benchmark 

monitoring, you must include in your SWPPP the information to support this claim as 

required by Part 6.2.1.3. 

You must document the following in your SWPPP if you plan to use the substantially 

identical outfall exception for your quarterly visual assessment requirements in Part 3.2.3 

or your benchmark monitoring requirements in Part 6.2.1: 

x Location of each of the substantially identical outfalls; 

x Description of the general industrial activities conducted in the drainage area of 

each outfall;

x Description of the control measures implemented in the drainage area of each 

outfall;

x Description of the exposed materials located in the drainage area of each outfall 

that are likely to be significant contributors of pollutants to stormwater discharges;

x An estimate of the runoff coefficient of the drainage areas (low = under 40%; 

medium = 40 to 65%; high = above 65%); and

x Why the outfalls are expected to discharge substantially identical effluents.

5.2.6 Documentation to Support Eligibility Considerations Under Other Federal Laws. 

5.2.6.1 Documentation Regarding Endangered Species. You must keep with your SWPPP the 

documentation supporting your determination with regard to Part 1.1.4.5 (Endangered 

and Threatened Species and Critical Habitat Protection). 

5.2.6.2 Documentation Regarding Historic Properties. You must keep with your SWPPP the 

documentation supporting your determination with regard to Part 1.1.4.6 (Historic 

Properties Preservation). 

 

5.2.7 Signature Requirements. 

You must sign and date your SWPPP in accordance with Appendix B, Subsection 11, 

including the date of signature. 

5.3 Required SWPPP Modifications. 

You must modify your SWPPP based on the corrective actions and deadlines required 

under Part 4.2 and that you documented under Part 4.3, such that the triggering conditions for 

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corrective action in Part 4.1 do not reoccur. SWPPP modifications must be signed and dated in 

accordance with Appendix B, Subsection 11. 

5.4 SWPPP Availability. 

You must retain a complete copy of your current SWPPP required by this permit at the 

facility in any accessible format. A complete SWPPP includes any documents incorporated by 

reference and all documentation supporting your permit eligibility pursuant to Part 5.2.6 of this 

permit, as well as your signed and dated certification page. Regardless of the format, the SWPPP 

must be immediately available to facility employees, EPA, a state or tribe, the operator of an 

MS4 receiving discharges from the site; and representatives of the U.S. Fish and Wildlife Service 

(USFWS) or the National Marine Fisheries Service (NMFS) at the time of an onsite inspection. Your 

current SWPPP or certain information from your current SWPPP described below must also be 

made available to the public (except any confidential business information (CBI) or restricted 

information (as defined in Appendix A)), but you must clearly identify those portions of the 

SWPPP that are being withheld from public access; to do so, you must comply with one of the 

following two options: 

5.4.1 SWPPP Posting on the Internet. 

If you provide a URL in your NOI where your SWPPP can be found, and maintain your 

current SWPPP at this URL, you will have complied with the public availability requirements for the 

SWPPP. To remain current, you must post any SWPPP modifications, records and other reporting 

elements required for the previous year at the same URL as the main body of the SWPPP. The 

SWPPP update shall be no later than 45 days after conducting the fourth (i.e., final) routine 

facility inspection for the year required in Part 3.1. If you did not provide a SWPPP URL in your NOI, 

you may reopen your NOI at any time subsequent to your original NOI submittal to add a URL 

where your current SWPPP can be found. You are not required to post any confidential business 

CBI or restricted information (as defined in Appendix A) (such information may be redacted), 

but you must clearly identify those portions of the SWPPP that are being withheld from public 

access. CBI may not be withheld from those staff cleared for CBI review within EPA, USFWS or 

NMFS. 

5.4.2 SWPPP Information Provided on NOI Form. 

If you did not provide a SWPPP URL in your NOI, your NOI must include the information 

required by Part 7.3. Irrespective of this requirement, EPA may provide access to portions of your 

SWPPP to a member of the public upon request (except any CBI or restricted information (as 

defined in Appendix A)). 

5.5 Additional Documentation Requirements. 

You are required to keep the following inspection, monitoring, and certification records 

with your SWPPP that together keep your records complete and up-to-date, and demonstrate 

your full compliance with the conditions of this permit: 

x A copy of the NOI submitted to EPA along with any correspondence exchanged 

between you and EPA specific to coverage under this permit; 

x A copy of the acknowledgment you receive from the eNOI system assigning your NPDES 

ID; 

x A copy of this permit (an electronic copy easily available to SWPPP personnel is also 

acceptable); 

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x Documentation of maintenance and repairs of control measures, including the date(s) 

of regular maintenance, date(s) of discovery of areas in need of repair/replacement, 

and for repairs, date(s) that the control measure(s) returned to full function, and the 

justification for any extended maintenance/repair schedules (see Part 2.1.2.3); 

x All inspection reports, including the Routine Facility Inspection Reports (see Part 3.1) and 

Quarterly Visual Assessment Reports (see Part 3.2); 

x Description of any deviations from the schedule for visual assessments and/or monitoring, 

and the reason for the deviations (e.g., adverse weather or it was impracticable to 

collect samples within the first 30 minutes of a measurable storm event) (see Parts 3.2.3, 

6.1.4, and 6.2.1.2); 

x Description of any corrective action triggering event/condition listed in Part 4.1 and 

documented per Part 4.3; 

x Documentation of any benchmark exceedances and the type of response to the 

exceedance you employed, including: 

o the corrective action taken; 

o a finding that the exceedance was due to natural background pollutant levels, 

or; 

o a finding that no further pollutant reductions were technologically available and 

economically practicable and achievable in light of best industry practice 

consistent with Part 6.2.1.2. 

x Documentation to support any determination that pollutants of concern are not 

expected to be present above natural background levels if you discharge directly to 

impaired waters, and that such pollutants were not detected in your discharge or were 

solely attributable to natural background sources (see Part 6.2.1.2); and 

x Documentation to support your claim that your facility has changed its status from active 

to inactive and unstaffed with respect to the requirements to conduct routine facility 

inspections (see Part 3.1), quarterly visual assessments (see Part 3.2), and/or benchmark 

monitoring (see Part 6.2.1.3). 

 

6. Monitoring. 

You must collect and analyze stormwater samples and document monitoring activities 

consistent with the procedures described in Part 6 and Appendix B, Subsections 10 – 12, and any 

additional sector-specific or state/tribal-specific requirements in Parts 8 and 9, respectively. 

Refer to Part 7 for reporting and recordkeeping requirements. 

6.1 Monitoring Procedures. 

6.1.1 Monitored Outfalls. 

 Applicable monitoring requirements apply to each outfall authorized by this permit, 

except as otherwise exempt from monitoring as a “substantially identical outfall.” If your facility 

has two or more outfalls that you believe discharge substantially identical effluents, based on 

the similarities of the general industrial activities and control measures, exposed materials that 

may significantly contribute pollutants to stormwater, and runoff coefficients of their drainage 

areas, you may monitor the effluent of just one of the outfalls and report that the results also 

apply to the substantially identical outfall(s). As required in Part 5.2.5.3, your SWPPP must identify 

each outfall authorized by this permit and describe the rationale for any substantially identical 

outfall determinations. The allowance for monitoring only one of the substantially identical 

outfalls is not applicable to any outfalls with numeric effluent limitations. You are required to 

monitor each outfall covered by a numeric effluent limit as identified in Part 6.2.2. 

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6.1.2 Commingled Discharges. 

If discharges authorized by this permit commingle with discharges not authorized under 

this permit, any required sampling of the authorized discharges must be performed at a point 

before they mix with other waste streams, to the extent practicable. 

6.1.3 Measurable Storm Events. 

All required monitoring must be performed on a storm event that results in an actual 

discharge from your site (“measurable storm event”) that follows the preceding measurable 

storm event by at least 72 hours (3 days). The 72-hour (3-day) storm interval does not apply if you 

are able to document that less than a 72-hour (3-day) interval is representative for local storm 

events during the sampling period. In the case of snowmelt, the monitoring must be performed 

at a time when a measurable discharge occurs at your site. 

 For each monitoring event, except snowmelt monitoring, you must identify the date and 

duration (in hours) of the rainfall event, rainfall total (in inches) for that rainfall event, and time (in 

days) since the previous measurable storm event. For snowmelt monitoring, you must identify the 

date of the sampling event. 

6.1.4 Sample Type. 

 You must take a minimum of one grab sample from a discharge resulting from a 

measurable storm event as described in Part 6.1.3. Samples must be collected within the first 30 

minutes of a measurable storm event. If it is not possible to collect the sample within the first 30 

minutes of a measurable storm event, the sample must be collected as soon as practicable 

after the first 30 minutes and documentation must be kept with the SWPPP explaining why it was 

not possible to take samples within the first 30 minutes. In the case of snowmelt, samples must be 

taken during a period with a measurable discharge. 

6.1.5 Adverse Weather Conditions. 

 When adverse weather conditions as described in Part 3.2.3 prevent the collection of 

samples according to the relevant monitoring schedule, you must take a substitute sample 

during the next qualifying storm event. Adverse weather does not exempt you from having to file 

a benchmark monitoring report in accordance with your sampling schedule. You must report 

any failure to monitor as specified in Part 7.4 indicating the basis for not sampling during the 

usual reporting period. 

6.1.6 Climates with Irregular Stormwater Runoff. 

If your facility is located in areas where limited rainfall occurs during parts of the year 

(e.g., arid or semi-arid climates) or in areas where freezing conditions exist that prevent runoff 

from occurring for extended periods, required monitoring events may be distributed during 

seasons when precipitation occurs, or when snowmelt results in a measurable discharge from 

your site. You must still collect the required number of samples. 

 

6.1.7 Monitoring Periods. 

 

Monitoring requirements in this permit begin in the first full quarter following either January 

1, 2014 or your date of discharge authorization, whichever date comes later. If your monitoring is 

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required on a quarterly basis (e.g., benchmark monitoring), you must monitor at least once in 

each of the following 3-month intervals: 

x January 1 – March 31; 

x April 1 – June 30; 

x July 1 – September 30; and 

x October 1 – December 31. 

For example, if you obtain permit coverage on June 2, 2014, then your first monitoring quarter is 

July 1 - September 30, 2014. This monitoring schedule may be modified in accordance with Part 

6.1.6 if the revised schedule is documented with your SWPPP and provided to EPA with your first 

monitoring report. 

6.1.8 Monitoring for Allowable Non-Stormwater Discharges. 

 You are only required to monitor allowable non-stormwater discharges (as delineated in 

Part 1.1.3) when they are commingled with stormwater discharges associated with industrial 

activity. 

6.2 Required Monitoring. 

This permit includes five types of required analytical monitoring, one or more of which 

may apply to your discharge: 

x Quarterly benchmark monitoring (see Part 6.2.1) 

x Annual effluent limitations guidelines monitoring (see Part 6.2.2); 

x State- or tribal-specific monitoring (see Part 6.2.3); 

x Impaired waters monitoring (see Part 6.2.4); and 

x Other monitoring as required by EPA (see Part 6.2.5). 

When more than one type of monitoring for the same parameter at the same outfall 

applies (e.g., total suspended solids once per year for an effluent limit and once per quarter for 

benchmark monitoring at a given outfall), you may use a single sample to satisfy both 

monitoring requirements (i.e., one sample satisfying both the annual effluent limit sample and 

one of the four quarterly benchmark monitoring samples). 

All required monitoring must be conducted in accordance with the procedures 

described in Appendix B, Subsection 10.D. 

6.2.1 Benchmark Monitoring. 

This permit specifies pollutant benchmark concentrations that are applicable to certain 

sectors / subsectors. Benchmark monitoring data are primarily for your use to determine the 

overall effectiveness of your control measures and to assist you in knowing when additional 

corrective action(s) may be necessary to comply with the effluent limitations in Part 2. 

The benchmark concentrations are not effluent limitations; a benchmark exceedance, 

therefore, is not a permit violation. However, if corrective action is required as a result of a 

benchmark exceedance, failure to conduct required corrective action is a permit violation. 

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At the Permittee’s discretion, more than four samples may be taken during separate 

runoff events and used to determine the average benchmark parameter concentration for 

facility discharges. 

6.2.1.1 Applicability of Benchmark Monitoring. You must monitor for any benchmark 

parameters specified for the industrial sector(s), both primary industrial activity and any 

co-located industrial activities, applicable to your discharge. Your industry-specific 

benchmark concentrations are listed in the sector-specific sections of Part 8. If your 

facility is in one of the industrial sectors subject to benchmark concentrations that are 

hardness-dependent, you are required to submit to EPA with your first benchmark report 

a hardness value, established consistent with the procedures in Appendix J, that is 

representative of your receiving water. 

Samples must be analyzed consistent with 40 CFR Part 136 analytical methods and using 

test procedures with quantitation limits at or below benchmark values for all benchmark 

parameters for which you are required to sample. 

6.2.1.2 Benchmark Monitoring Schedule. Benchmark monitoring must be conducted quarterly, 

as identified in Part 6.1.7, for your first four full quarters of permit coverage commencing 

no earlier than January 1, 2014. Facilities in climates with irregular stormwater runoff, as 

described in Part 6.1.6, may modify this quarterly schedule provided that this revised 

schedule is reported to EPA when the first benchmark sample is collected and reported, 

and that this revised schedule is kept with the facility’s SWPPP as specified in Part 5.5. 

When conditions prevent you from obtaining four samples in four consecutive quarters, 

you must continue monitoring until you have the four samples required for calculating 

your benchmark monitoring average. 

Data not exceeding benchmarks: After collection of four quarterly samples, if the 

average of the four monitoring values for any parameter does not exceed the 

benchmark, you have fulfilled your monitoring requirements for that parameter for the 

permit term. 

 Data exceeding benchmarks: After collection of four quarterly samples, if the average 

of the four monitoring values for any parameter exceeds the benchmark, you must, in 

accordance with Part 4, review the selection, design, installation, and implementation of 

your control measures to determine if modifications are necessary to meet the effluent 

limits in this permit, and either: 

x Make the necessary modifications and continue quarterly monitoring until you 

have completed four additional quarters of monitoring for which the average 

does not exceed the benchmark; or 

x Make a determination that no further pollutant reductions are technologically 

available and economically practicable and achievable in light of best industry 

practice to meet the technology-based effluent limits or are necessary to meet 

the water-quality-based effluent limitations in Parts 2.1 and 2.2 of this permit, in 

which case you must continue monitoring once per year. You must also 

document your rationale for concluding that no further pollutant reductions are 

achievable, and retain all records related to this documentation with your 

SWPPP. 

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In accordance with Part 4, you must review your control measures and perform any 

required corrective action immediately (or document why no corrective action is 

required), without waiting for the full four quarters of monitoring data, if an exceedance 

of the four quarter average is mathematically certain. If after modifying your control 

measures and conducting four additional quarters of monitoring, your average still 

exceeds the benchmark (or if an exceedance of the benchmark by the four quarter 

average is mathematically certain prior to conducting the full four additional quarters of 

monitoring), you must again review your control measures and take one of the two 

actions above. 

Natural background pollutant levels: Following the first four quarters of benchmark 

monitoring (or sooner if the exceedance is triggered by less than four quarters of data, 

see above), if the average concentration of a pollutant exceeds a benchmark value, 

and you determine that exceedance of the benchmark is attributable solely to the 

presence of that pollutant in the natural background, you are not required to perform 

corrective action or additional benchmark monitoring provided that: 

x The average concentration of your benchmark monitoring results is less than or 

equal to the concentration of that pollutant in the natural background; 

x You document and maintain with your SWPPP, as required in Part 5.5, your 

supporting rationale for concluding that benchmark exceedances are in fact 

attributable solely to natural background pollutant levels. You must include in 

your supporting rationale any data previously collected by you or others 

(including literature studies) that describe the levels of natural background 

pollutants in your stormwater discharge; and 

x You notify EPA on your final quarterly benchmark monitoring report that the 

benchmark exceedances are attributable solely to natural background pollutant 

levels. 

Natural background pollutants include those substances that are naturally occurring in 

soils or ground water. Natural background pollutants do not include legacy pollutants 

from earlier activity on your site, or pollutants in run-on from neighboring sources which 

are not naturally occurring, such as other industrial sites or roadways. However, 

permittees may be eligible to discontinue monitoring for pollutants that occur solely from 

run-on sources and should consult the appropriate EPA Regional Office for related 

guidance. 

 

6.2.1.3 Exception for Inactive and Unstaffed Sites. The requirement for benchmark monitoring 

does not apply at a facility that is inactive and unstaffed, as long as there are no 

industrial materials or activities exposed to stormwater. To invoke this exception, you must 

do the following: 

 

x Maintain a statement with your SWPPP stating that the site is inactive and 

unstaffed, and that there are no industrial materials or activities exposed to 

stormwater in accordance with the substantive requirements in 40 CFR 122.26(g) 

and sign and certify the statement in accordance with Appendix B, Subsection 

11; and 

x If circumstances change and industrial materials or activities become exposed to 

stormwater or your facility becomes active and/or staffed, this exception no 

longer applies and you must immediately begin complying with the applicable 

benchmark monitoring requirements under Part 6.2 as if you were in your first year 

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of permit coverage. You must indicate in your NOI that your facility has materials 

or activities exposed to stormwater or has become active and/or staffed. 

x If you are not qualified for this exception at the time you are authorized under this 

permit, but during the permit term you become qualified because your facility is 

inactive and unstaffed, and there are no industrial materials or activities that are 

exposed to stormwater, then you must notify EPA of this change in your next 

benchmark monitoring report. You may discontinue benchmark monitoring once 

you have notified EPA, and prepared and signed the certification statement 

described above concerning your facility’s qualification for this special 

exception. 

Note: This exception has different requirements for Sectors G, H, and J (see Part 8).

6.2.2 Effluent Limitations Monitoring. 

6.2.2.1 Monitoring Based on Effluent Limitations Guidelines. Table 6-1 identifies the stormwater 

discharges subject to effluent limitation guidelines that are authorized for coverage 

under this permit. Beginning in the first full quarter following January 1, 2014 or your date 

of discharge authorization, whichever date comes later, you must monitor once per year 

at each outfall containing the discharges identified in Table 6-1 for the parameters 

specified in the sector-specific section of Part 8. 

Table 6-1. Required Monitoring for Effluent Limits Based on Effluent Limitations Guidelines

Regulated Activity Effluent Limit Monitoring 

Frequency 

Sample 

Type 

Discharges resulting from spray down or intentional 

wetting of logs at wet deck storage areas 

See Part 8.A.7 1/year Grab 

Runoff from phosphate fertilizer manufacturing 

facilities that comes into contact with any raw 

materials, finished product, by-products or waste 

products (SIC 2874)

See Part 8.C.4 1/year Grab 

Runoff from asphalt emulsion facilities See Part 8.D.4 1/year Grab 

Runoff from material storage piles at cement 

manufacturing facilities 

See Part 8.E.5 1/year Grab 

Mine dewatering discharges at crushed stone, 

construction sand and gravel, or industrial sand 

mining facilities 

See Part 8.J.9 1/year Grab 

Runoff from hazardous waste landfills See Part 8.K.6 1/year Grab 

Runoff from non-hazardous waste landfills See Part 8.L.10 1/year Grab 

Runoff from coal storage piles at steam electric 

generating facilities See Part 8.O.8 1/year Grab 

Existing and new primary airports with 1,000 or more 

annual jet departures that discharge wastewater 

associated with airfield pavement deicing that 

contains urea commingled with stormwater 

See Part 8.S.7 1/year Grab 

6.2.2.2 Substantially Identical Outfalls. You must monitor each outfall discharging runoff from 

any regulated activity identified in Table 6-1. The substantially identical outfall monitoring 

provisions are not available for numeric effluent limits monitoring. 

6.2.2.3 Follow-up Actions if Discharge Exceeds Numeric Effluent Limit. You must conduct followup monitoring within 30 calendar days (or during the next qualifying runoff event, should 

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none occur within 30 days) of implementing corrective action(s) taken pursuant to Part 4 

in response to an exceedance of a numeric effluent limit contained in this permit. See 

Part 9 for specific monitoring requirements applicable to individual states or tribes. 

Monitoring must be performed for any pollutant(s) that exceeds the effluent limit. If this 

follow-up monitoring exceeds the applicable effluent limitation, you must: 

x Submit an Exceedance Report: You must submit an Exceedance Report no later 

than 30 days after you have received your lab result consistent with Part 7.6; and 

x Continue to Monitor: You must monitor, at least quarterly, until your discharge is in 

compliance with the effluent limit or until EPA waives the requirement for 

additional monitoring. 

6.2.3 State or Tribal Monitoring Provisions. 

6.2.3.1 Sectors Required to Conduct State or Tribal Monitoring. You must comply with any state 

or tribal monitoring requirements (see Part 9) applicable to your facility’s location. 

6.2.3.2 State or Tribal Monitoring Schedule. If a monitoring frequency is not specified for an 

applicable requirement in Part 9, you must monitor once per year for the entire permit 

term. 

6.2.4 Discharges to Impaired Waters Monitoring. 

6.2.4.1 Permittees Required to Monitor Discharges to Impaired Waters. If you discharge to an 

impaired water, you must monitor all pollutants for which the waterbody is impaired and 

for which a standard analytical method exists (see 40 CFR Part 136). See EPA’s Discharge 

Mapping Tool which provides information on the impairment status of the water, 

potential pollutants of concern, as well as applicable total maximum daily loads (TMDLs). 

For the purposes of this permit, a permittee discharges to an impaired water if the 

discharge flows directly to the impaired water. 

Note: Your project will be considered to discharge to an impaired water if the first water 

of the U.S. to which you discharge is identified by a state, tribe, or EPA pursuant to 

Section 303(d) of the CWA as not meeting an applicable water quality standard, or is 

included in an EPA-approved or established total maximum daily load (TMDL). For 

discharges that enter a storm sewer system prior to discharge, the first water of the U.S. to 

which you discharge is the waterbody that receives the stormwater discharge from the 

storm sewer system. 

If the pollutant of concern for the impaired waterbody is suspended solids, turbidity or 

sediment/sedimentation, you must monitor for Total Suspended Solids (TSS). If a pollutant 

of concern is expressed in the form of an indicator or surrogate pollutant, you must 

monitor for that indicator or surrogate pollutant. No monitoring is required when a 

waterbody’s biological communities are impaired but no pollutant, including indicator or 

surrogate pollutants, is specified as causing the impairment, or when a waterbody’s 

impairment is related to hydrologic modifications, impaired hydrology, or other nonpollutant. Permittees should consult the appropriate EPA Regional Office for any 

available guidance regarding required monitoring parameters under this part. 

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If the Discharge Mapping Tool does not provide the information you need, you may 

consult the appropriate EPA Regional Office for guidance regarding required monitoring 

parameters under this part. 

6.2.4.2 Impaired Waters Monitoring and Schedule. 

Discharges to impaired waters without an applicable EPA-approved or established TMDL 

WLA: Beginning in the first full quarter following January 1, 2014 or your date of discharge 

authorization, whichever date comes later, you must monitor once per year at each 

outfall (except substantially identical outfalls) discharging stormwater to impaired waters 

without an applicable EPA-approved or established TMDL waste load allocation. This 

monitoring requirement no longer applies once the pollutant of concern is not detected 

above natural background levels in your stormwater monitoring results, and you 

document, as required in Part 5.5 (Additional Documentation Requirements), that this 

pollutant is not expected to be present above natural background levels in your 

discharge. 

If the pollutant of concern is not present and not expected to be present in your 

discharge, or it is present but you have determined that its presence is caused solely by 

natural background sources, you must include a notification to this effect in your first 

monitoring report, after which you may discontinue monitoring. To support a 

determination that the pollutant’s presence is caused solely by natural background 

sources, you must document and maintain with your SWPPP, as required by Part 5.5: 

x An explanation of why you believe that the presence of the pollutant of concern 

in your discharge is not related to the activities or materials at your facility; and 

x Data and/or studies that tie the presence of the pollutant of concern in your 

discharge to natural background sources in the watershed. 

Natural background pollutants include those that occur naturally as a result of native 

soils, and vegetation, wildlife, or ground water. Natural background pollutants do not 

include legacy pollutants from earlier activity on your site, or pollutants in run-on from 

neighboring sources that are not naturally occurring. However, permittees may be 

eligible to discontinue annual monitoring for pollutants that occur solely from these 

sources and should consult the appropriate EPA Regional Office for related guidance. 

Discharges to impaired waters with an EPA-approved or established TMDL WLA: For 

stormwater discharges to waters for which there is an EPA approved or established TMDL 

waste load allocation, you are not required to monitor for the pollutant for which the 

TMDL was written unless EPA informs you, upon examination of the applicable TMDL 

and/or WLA, that you are subject to such a requirement consistent with the assumptions 

of the applicable TMDL and/or WLA. EPA’s notice will include specifications on which 

pollutant to monitor and the required monitoring frequency. Permittees must consult the 

appropriate EPA Regional Office for guidance regarding required monitoring under this 

part. 

6.2.5 Additional Monitoring Required by EPA. 

 EPA may notify you of additional discharge monitoring requirements. Any such notice will 

briefly state the reasons for the monitoring, locations, and parameters to be monitored, 

frequency and period of monitoring, sample types, and reporting requirements. 

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7. Reporting and Recordkeeping. 

7.1 Electronic Reporting Requirement. 

You must submit all NOIs, NOTs, NOEs, Annual Reports, Discharge Monitoring Reports 

(DMRs), and other reporting information as appropriate electronically, unless you have received 

a waiver from your regional office based on one of the following conditions: 

x If your headquarters is physically located in a geographic area (i.e., zip code or census 

tract) that is identified as under-served for broadband Internet access in the most recent 

report from the Federal Communications Commission; or 

x If you have limitations regarding available computer access or computer capability. 

Waivers are only granted for a one-time use for a single information submittal, i.e., an 

initial waiver does not apply for the entire term of the permit. If you need to submit information 

on paper after your first waiver, you must apply for a new waiver. 

If you wish to obtain a waiver from submitting a report electronically, you must submit a 

request to your EPA Regional Office. EPA Regional Office contact information can be found in 

Part 7.9.1 of this permit. In that request you must document which exemption you meet, provide 

evidence supporting any claims, and a copy of your completed NOI form. A waiver may only 

be considered granted once you receive written confirmation from EPA or its authorized 

representative. Any paper version of a document or form for which you have been granted a 

waiver must be sent to the approving EPA Regional Office at the address in Part 7.9.1. 

7.2 Submitting Information to EPA. 

All information required to be submitted by this permit shall be submitted via EPA’s 

electronic NOI system, or “eNOI system”, per Part 7.1 unless the permit states otherwise or unless 

a waiver has been granted pursuant to Part 7.1. The eNOI system allows you to both prepare 

and submit required information using specific forms or suggested templates, found in the 

permit’s appendices. To access the eNOI system, go to 

www.epa.gov/npdes/stormwater/msgpenoi. 

Information required to be submitted to EPA via the eNOI System: 

x Notice of Intent (Part 1.3.1); 

x No Exposure Certification (Part 1.5); 

x Notice of Termination (Part 1.4.1); 

x Discharge Monitoring Reports (Part 7.4); and 

x Annual Report (Part 7.5). 

If you are given a waiver by the EPA Regional Office to submit information in paper form, 

you must utilize the required forms found in the Appendices to this permit and submit the above 

forms directly to your EPA Regional Office at the address in Part 7.9.1. 

Information required to be submitted to an EPA Regional office at the address in Part 

7.9.1: 

x New Dischargers to Water Quality-Impaired Waters (Part 1.1.4.8); 

x Exceedance Report for Numeric Effluent Limits (Part 7.6); and 

x Additional Reporting (Part 7.7) 

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7.3 Additional SWPPP Information Required in Your NOI. 

 

If you did not provide a SWPPP URL in your NOI per Part 5.4.1, your NOI must include the 

additional SWPPP information as follows: 

x Onsite industrial activities exposed to stormwater, including potential spill and leak areas 

(see Parts 5.2.3.1, 5.2.3.3 and 5.2.3.5); 

x Pollutants or pollutant constituents associated with each industrial activity exposed to 

stormwater that could be discharged in stormwater and/or any authorized nonstormwater discharges listed in Part 1.1.3 (see Part 5.2.3.2); 

x Stormwater control measures you employ to comply with the non-numeric technologybased effluent limits required in Part 2.1.2 and Part 8, and any other measures taken to 

comply with the requirements in Part 2.2 Water Quality -Based Effluent Limitations (see 

Part 5.2.4). If you use polymers and/or other chemical treatments as part of your 

controls, you must identify the polymers and/or chemicals used and the purpose; and 

x Schedule for good housekeeping and maintenance (see Part 5.2.5.1) and schedule for 

all inspections required in Part 3 (see Part 5.2.5.2). 

7.4 Reporting Monitoring Data to EPA. 

All monitoring data collected pursuant to Part 6.2 must be submitted to EPA using EPA’s 

online eNOI system (www.epa.gov/npdes/eNOI) (unless a waiver from electronic reporting has 

been granted) no later than 30 days (email date or postmark date) after you have received 

your complete laboratory results for all monitored outfalls for the reporting period. If you have 

received a waiver per Part 7.1, paper reporting forms must be submitted by the same deadline 

to the appropriate address identified in Part 7.9.1. See Part 9 for specific reporting requirements 

applicable to individual states or tribes. 

 For benchmark monitoring, note that you are required to submit sampling results to EPA 

no later than 30 days after receiving laboratory results for each quarter that you are required to 

collect benchmark samples, in accordance with Part 6.2.1.2. If you collect multiple samples in a 

single quarter (e.g., due to adverse weather conditions, climates with irregular stormwater runoff, 

or areas subject to snow), you are required to submit all sampling results to EPA within 30 days of 

receiving the laboratory results. 

 

7.5 Annual Report. 

You must submit an Annual Report to EPA electronically, per Part 7.2, by January 30th for 

each year of permit coverage containing information generated from the past calendar year. 

You must include the following information: 

x The results or a summary of your past year’s routine facility inspection documentation 

required (Part 3.1.2) and quarterly visual assessment documentation (Part 3.2.2); 

x Information copied or summarized from the corrective action documentation 

required per Part 4 (if applicable). If corrective action is not yet completed at the 

time of submission of this Annual Report, you must describe the status of any 

outstanding corrective action(s); 

x Regarding benchmark monitoring resulting in four quarter average exceedances, 

the rationale for why you believe that no further pollutant reductions are achievable 

(i.e., technologically available and economically practicable and achievable in light 

of best industry practices) (Part 6.2.1.2); and 

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x Any incidents of noncompliance observed or, if there is no noncompliance, a 

certification signed in accordance with Appendix B, Subsection 11 stating the facility 

is in compliance with this permit. 

7.6 Exceedance Report for Numeric Effluent Limits. 

 If follow-up monitoring pursuant to Part 6.2.2.3 exceeds a numeric effluent limit, you must 

submit an Exceedance Report to EPA no later than 30 days after you have received your lab 

results. Your report must include the following: 

x NPDES ID; 

x Facility name, physical address and location; 

x Name of receiving water; 

x Monitoring data from this and the preceding monitoring event(s); 

x An explanation of the situation; what you have done and intend to do (should 

your corrective actions not yet be complete) to correct the violation; and 

x An appropriate contact name and phone number. 

Send the Exceedance Report to the appropriate EPA Regional Office listed in Part 7.9.1. 

7.7 Additional Reporting. 

In addition to the reporting requirements stipulated in Part 7, you are also subject to the 

standard permit reporting provisions of Appendix B, Subsection 12. 

Where applicable, you must submit the following reports to the appropriate EPA Regional 

Office listed in Part 7.9.1, as applicable. If you discharge through an MS4, you must also submit 

these reports to the MS4 operator (identified pursuant to Part 5.2.2). 

x 24-hour reporting (see Appendix B, Subsection 12.F) - You must report any 

noncompliance which may endanger health or the environment. Any 

information must be provided orally within 24 hours from the time you become 

aware of the circumstances; 

x 5-day follow-up reporting to the 24 hour reporting (see Appendix B, Subsection 

12.F) - A written submission must also be provided within five days of the time you 

become aware of the circumstances; 

x Reportable quantity spills (see Part 2.1.2.4) - You must provide notification, as 

required under Part 2.1.2.4, as soon as you have knowledge of a leak, spill, or 

other release containing a hazardous substance or oil in an amount equal to or in 

excess of a reportable quantity. 

Where applicable, you must submit the following reports to the appropriate EPA Regional 

Office listed in Part 7.9.2, as applicable: 

x Planned changes (see Appendix B, Subsection 12.A) – You must give notice to 

EPA promptly, no less than 60 days prior to making any planned physical 

alterations or additions to the permitted facility that qualify the facility as a new 

source or that could significantly change the nature or significantly increase the 

quantity of pollutants discharged; 

x Anticipated noncompliance (see Appendix B, Subsection 12.B) – You must give 

advance notice to EPA of any planned changes in the permitted facility or 

activity which you anticipate will result in noncompliance with permit 

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requirements; 

x Compliance schedules (see Appendix B, Subsection 12.F) - Reports of 

compliance or noncompliance with, or any progress reports on, interim and final 

requirements contained in any compliance schedule of this permit must be 

submitted no later than 14 days following each schedule date; 

x Other noncompliance (see Appendix B, Subsection 12.G) - You must report all 

instances of noncompliance not reported in your monitoring report (pursuant to 

Part 7.1), compliance schedule report, or 24-hour report at the time monitoring 

reports are submitted; and 

x Other information (see Appendix B, Subsection 12.H) – You must promptly submit 

facts or information if you become aware that you failed to submit relevant facts 

in your NOI, or that you submitted incorrect information in your NOI or in any 

report. 

7.8 Recordkeeping. 

 You must retain copies of your SWPPP (including any modifications made during the term 

of this permit), additional documentation requirements pursuant to Part 5.5 (including 

documentation related to corrective actions taken pursuant to Part 4), all reports and 

certifications required by this permit, monitoring data, and records of all data used to complete 

the NOI to be covered by this permit, for a period of at least three years from the date that your 

coverage under this permit expires or is terminated. 

7.9 Addresses for Reports. 

7.9.1 EPA Addresses. 

 

 If you have obtained a waiver by the EPA Regional Office to submit information in paper 

form, paper copies of any reports or forms and all other written correspondence concerning 

discharges in any state, Indian country land, territory covered under this permit and directed to 

the EPA, including individual permit applications, must be sent to the address of the appropriate 

EPA Regional Office listed below: 

7.9.1.1 Region 1: Connecticut, Massachusetts, and New Hampshire, Rhode Island, Vermont. 

U.S. EPA Region 1 

Office of Ecosystem Protection 

NPDES Stormwater Program 

5 Post Office Square, Suite 100 

(OEP 06-1) 

Boston, MA 02109-3912 

7.9.1.2 Region 2: New Jersey, New York, Puerto Rico, and Virgin Islands. 

For Puerto Rico and the Virgin Islands 

U.S. EPA Region 2 

Caribbean Environmental Protection Division 

NPDES Stormwater Program 

Centro Europa Building 

1492 Ponce de Leon Avenue, Suite 417 

San Juan, PR 00907-4127 

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For New Jersey and New York: 

(Coverage not available under this permit.) 

U.S. EPA Region 2 

NPDES Stormwater Program 

290 Broadway, 24th Floor 

New York, NY 10007-1866 

7.9.1.3 Region 3: Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia. 

U.S. EPA Region 3 

Office of NPDES Permits and Enforcement 

NPDES Permits Branch, Mailcode 3WP41 

1650 Arch Street 

Philadelphia, PA 19103 

7.9.1.4 Region 4: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South 

Carolina, Tennessee. 

(Coverage not available under this permit.) 

 U.S. EPA Region 4 

 Water Protection Division 

 NPDES Stormwater Program 

 Atlanta Federal Center 

 61 Forsyth Street SW 

 Atlanta, GA 30303-3104 

7.9.1.5 Region 5: Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin. 

U.S. EPA Region 5 

NPDES & Technical Support 

NPDES Stormwater Program 

77 W. Jackson Blvd. 

Mail Code WN16J 

Chicago, IL 60604-3507 

7.9.1.6 Region 6: Arkansas, Louisiana, Oklahoma, Texas, and New Mexico (except see Region 9 

for Navajo lands, and see Region 8 for Ute Mountain Reservation lands). 

U.S. EPA Region 6 

NPDES Stormwater Program 

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

7.9.1.7 Region 7: Iowa, Kansas, Missouri, Nebraska. 

U.S. EPA Region 7 

NPDES Stormwater Program 

901 N. 5th Street 

Kansas City, KS 66101 

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7.9.1.8 Region 8: Colorado, Montana, North Dakota, South Dakota, Wyoming, Utah (except see 

Region 9 for Goshute Reservation and Navajo Reservation lands), the Ute Mountain 

Reservation in New Mexico, and the Pine Ridge Reservation in Nebraska. 

U.S. EPA Region 8 

 NPDES Stormwater Program 

 999 18th Street, Suite 300 

 Denver, CO 80202-2466 

7.9.1.9 Region 9: Arizona, California, Hawaii, Nevada, Guam, American Samoa, the 

Commonwealth of the Northern Mariana Islands, the Goshute Reservation in Utah and 

Nevada, the Navajo Reservation in Utah, New Mexico, and Arizona, the Duck Valley 

Reservation in Idaho, Fort McDermitt Reservation in Oregon. 

U.S. EPA Region 9 

NPDES Stormwater Program 

75 Hawthorne Street 

San Francisco, CA 94105-3901 

7.9.1.10 Region 10: Alaska, Idaho, Oregon (except see Region 9 for Fort McDermitt Reservation), 

Washington. 

U.S. EPA Region 10 

NPDES Stormwater Program 

1200 6th Avenue (OW-130) 

Seattle, WA 98101-1128 

7.9.2 State and Tribal Addresses. 

See Part 9 (states and tribes) for the addresses of applicable states or tribes that require 

submission of information to their agencies. 

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2015 MSGP Biological Opinion A-51
Disclaimer 

The EPA Regions signed the Federal Register 

notice for the draft NPDES Multi-Sector General 

Permit for Stormwater Discharges Associated with 

Industrial Activity (MSGP) and we (EPA) have 

submitted it for publication in the Federal Register. 

While we have taken steps to ensure the accuracy 

of this web version of the proposed MSGP, it is not 

the official version for purposes of public comment. 

The official version will be announced in a 

forthcoming Federal Register publication or on the 

Government Printing Office's web site. You may 

access the Federal Register at: 

http://www.gpoaccess.gov/fr/index.html. When 

using this site, note that “text” files may be 

incomplete because they do not include graphics. 

Instead, select “Adobe Portable Document File” 

(PDF) files. 

2015 MSGP Biological Opinion A-52
Proposed 2013 MSGP

Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart A – Sector A – Timber Products. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.A.1 Covered Stormwater Discharges. 

The requirements in Subpart A apply to stormwater discharges associated with industrial 

activity from Timber Products facilities as identified by the SIC Codes specified under Sector A in 

Table D-1 of Appendix D of the permit. 

8.A.2 Limitation on Coverage 

8.A.2.1 Prohibition of Discharges. (See also Part 1.1.4) Not covered by this permit: stormwater 

discharges from areas where there may be contact with the chemical formulations 

sprayed to provide surface protection. These discharges must be covered by a 

separate NPDES permit. 

8.A.2.2 Authorized Non-Stormwater Discharges. (See also Part 1.1.3) Also authorized by this 

permit, provided the non-stormwater component of the discharge is in compliance 

with the requirements in Part 2.1.2 (Non-Numeric Effluent Limits): discharges from the 

spray down of lumber and wood product storage yards where no chemical additives 

are used in the spray-down waters and no chemicals are applied to the wood during 

storage. 

8.A.3 Additional Technology-Based Effluent Limits. 

8.A.3.1 Good Housekeeping. (See also Part 2.1.2.2) In areas where storage, loading and 

unloading, and material handling occur, perform good housekeeping to limit the 

discharge of wood debris, minimize the leachate generated from decaying wood 

materials, and minimize the generation of dust. 

8.A.4 Additional SWPPP Requirements. 

8.A.4.1 Drainage Area Site Map. (See also Part 5.2.2) Document in your SWPPP where any of 

the following may be exposed to precipitation or surface runoff: processing areas, 

treatment chemical storage areas, treated wood and residue storage areas, wet 

decking areas, dry decking areas, untreated wood and residue storage areas, and 

treatment equipment storage areas. 

8.A.4.2 Inventory of Exposed Materials. (See also Part 5.2.3.2) Where such information exists, if 

your facility has used chlorophenolic, creosote, or chromium-copper-arsenic 

formulations for wood surface protection or preserving, document in your SWPPP the 

following: areas where contaminated soils, treatment equipment, and stored materials 

still remain and the management practices employed to minimize the contact of these 

materials with stormwater runoff. 

8.A.4.3 Description of Stormwater Management Controls. (See also Part 5.2.4) Document 

measures implemented to address the following activities and sources: log, lumber, 

and wood product storage areas; residue storage areas; loading and unloading areas; 

material handling areas; chemical storage areas; and equipment and vehicle 

maintenance, storage, and repair areas. If your facility performs wood surface 

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protection and preservation activities, address the specific control measures, including 

any BMPs, for these activities. 

8.A.5 Additional Inspection Requirements. 

See also Part 3.1. If your facility performs wood surface protection and preservation 

activities, inspect processing areas, transport areas, and treated wood storage areas monthly to 

assess the usefulness of practices to minimize the deposit of treatment chemicals on 

unprotected soils and in areas that will come in contact with stormwater discharges.

8.A.6 Sector-Specific Benchmarks 

Table 8.A-1 identifies benchmarks that apply to the specific subsectors of Sector A. These 

benchmarks apply to both your primary industrial activity and any co-located industrial 

activities. 

Table 8.A-1 

Subsector 

(You may be subject to requirements for more 

than one sector/subsector) 

Parameter 

Benchmark 

Monitoring 

Concentration 

Subsector A1. General Sawmills and Planing Mills 

(SIC 2421) 

Chemical Oxygen 

Demand (COD)

120.0 mg/L 

Total Suspended 

Solids (TSS) 

100 mg/L 

Total Zinc 

(freshwater)2 

Total Zinc 

(saltwater)1

Hardness Dependent 

0.09 mg/L 

Subsector A2. Wood Preserving (SIC 2491) Total Arsenic 0.15 mg/L 

Total Copper 

(freshwater)2 

Total Copper 

(saltwater)1 

Hardness Dependent 

0.0048 mg/L 

Subsector A3. Log Storage and Handling 

(SIC 2411)

Total Suspended 

Solids (TSS)

100 mg/L 

Subsector A4. Hardwood Dimension and Flooring 

Mills; Special Products Sawmills, not elsewhere 

classified; Millwork, Veneer, Plywood, and 

Structural Wood; Wood Pallets and Skids; Wood 

Containers, not elsewhere classified; Wood 

Buildings and Mobile Homes; Reconstituted Wood 

Products; and Wood Products Facilities not 

elsewhere classified (SIC 2426, 2429, 2431-2439 

(except 2434), 2441, 2448, 2449, 2451, 2452, 2493, 

and 2499)

Chemical Oxygen 

Demand (COD) 

120.0 mg/L 

Total Suspended 

Solids (TSS) 

100.0 mg/L 

1Saltwater benchmark values apply to stormwater discharges into saline waters where indicated. 

2 The freshwater benchmark values of some metals are dependent on water hardness. For these parameters, permittees 

must determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving Waters for 

Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable ‘hardness 

range’ for determining their benchmark value applicable to their facility. Hardness Dependent Benchmarks follow in the 

table below: 

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Freshwater Hardness 

Range 

Copper 

(mg/L) 

Zinc 

(mg/L) 

0-24.99 mg/L 0.0038 0.04 

25-49.99 mg/L 0.0056 0.05 

50-74.99 mg/L 0.0090 0.08 

75-99.99 mg/L 0.0123 0.11 

100-124.99 mg/L 0.0156 0.13 

125-149.99 mg/L 0.0189 0.16 

150-174.99 mg/L 0.0221 0.18 

175-199.99 mg/L 0.0253 0.20 

200-224.99 mg/L 0.0285 0.23 

225-249.99 mg/L 0.0316 0.25 

250+ mg/L 0.0332 0.26 

8.A.7 Effluent Limitations Based on Effluent Limitations Guidelines (See also Part 6.2.2.1 of the 

permit.) 

Table 8.A-2 identifies effluent limits that apply to the industrial activities described below. 

Compliance with these effluent limits is to be determined based on discharges from these 

industrial activities independent of commingling with any other waste streams that may be 

covered under this permit. 

Table 8.A-21

Industrial Activity

Discharges resulting from spray down or 

intentional wetting of logs at wet deck 

storage areas 

pH 6.0 - 9.0 s.u

Debris (woody material 

such as bark, twigs, 

branches, heartwood, or 

sapwood)

No discharge of debris 

that will not pass through 

a 2.54-cm (1-in.) 

diameter round opening

1 Monitor annually. 

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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart B – Sector B – Paper and Allied Products. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.B.1 Covered Stormwater Discharges.

The requirements in Subpart B apply to stormwater discharges associated with industrial 

activity from Paper and Allied Products Manufacturing facilities, as identified by the SIC Codes 

specified under Sector B in Table D-1 of Appendix D of the permit. 

8.B.2 Sector-Specific Benchmarks. 

Table 8.B-1 identifies benchmarks that apply to the specific subsectors of Sector B. These 

benchmarks apply to both your primary industrial activity and any co-located industrial 

activities.

Table 8.B-1. 

Subsector 

(You may be subject to requirements for more 

than one sector/subsector) 

Parameter 

Benchmark 

Monitoring 

Concentration 

Subsector B1. Paperboard Mills 

(SIC Code 2631) 

Chemical Oxygen 

Demand (COD) 

120 mg/L 

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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart C – Sector C – Chemical and Allied Products Manufacturing, and Refining. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.C.1 Covered Stormwater Discharges. 

The requirements in Subpart C apply to stormwater discharges associated with industrial 

activity from Chemical and Allied Products Manufacturing, and Refining facilities, as identified 

by the SIC Codes specified under Sector C in Table D-1 of Appendix D of the permit. 

8.C.2 Limitations on Coverage. 

8.C.2.1 Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) The following are not 

covered by this permit: non-stormwater discharges containing inks, paints, or 

substances (hazardous, nonhazardous, etc.) resulting from an onsite spill, including 

materials collected in drip pans; washwater from material handling and processing 

areas; and washwater from drum, tank, or container rinsing and cleaning. 

8.C.3 Sector-Specific Benchmarks 

Table 8.C-1 identifies benchmarks that apply to the specific subsectors of Sector C. 

These benchmarks apply to both your primary industrial activity and any co-located industrial 

activities. 

 

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Table 8.C-1. 

Subsector 

(You may be subject to requirements for 

more than one sector/subsector) 

Parameter Benchmark Monitoring 

Concentration 

Subsector C1. Agricultural Chemicals 

(SIC 2873-2879) 

Nitrate plus Nitrite 

Nitrogen 

0.68 mg/L 

Total Lead (freshwater)2 

Total Lead (saltwater)1

Hardness Dependent 

0.21 mg/L 

Total Iron 1.0 mg/L 

Total Zinc (freshwater)2 

Total Zinc (saltwater)1

Hardness Dependent 

0.09 mg/L 

Phosphorus 2.0 mg/L 

Subsector C2. Industrial Inorganic Chemicals 

(SIC 2812-2819) 

Total Aluminum 0.75 mg/ L 

Total Iron 1.0 mg/L 

Nitrate plus Nitrite 

Nitrogen 

0.68 mg/L 

Subsector C3. Soaps, Detergents, Cosmetics, 

and Perfumes (SIC 2841-2844) 

Nitrate plus Nitrite 

Nitrogen 

0.68 mg/L 

Total Zinc (freshwater)2 

Total Zinc (saltwater)1

Hardness Dependent 

0.09 mg/L 

Subsector C4. Plastics, Synthetics, and Resins 

(SIC 2821-2824)

Total Zinc (freshwater)2 

Total Zinc (saltwater)1

Hardness Dependent 

0.09 mg/L 1Saltwater benchmark values apply to stormwater discharges into saline waters where indicated.

2The freshwater benchmark values of some metals are dependent on water hardness. For these parameters, permittees 

must determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving Waters for 

Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable ‘hardness 

range’ for determining their benchmark value applicable to their facility. . Hardness Dependent Benchmarks follow in 

the table below: 

Freshwater Hardness 

Range 

Lead 

(mg/L) 

Zinc 

(mg/L) 

0-24.99 mg/L 0.014 0.04 

25-49.99 mg/L 0.023 0.05 

50-74.99 mg/L 0.045 0.08 

75-99.99 mg/L 0.069 0.11 

100-124.99 mg/L 0.095 0.13 

125-149.99 mg/L 0.122 0.16 

150-174.99 mg/L 0.151 0.18 

175-199.99 mg/L 0.182 0.20 

200-224.99 mg/L 0.213 0.23 

225-249.99 mg/L 0.246 0.25 

250+ mg/L 0.262 0.26 

8.C.4 Effluent Limitations Based on Effluent Limitations Guidelines (See also Part 6.2.2.1 of the 

permit.) 

Table 8.C-2 identifies effluent limits that apply to the industrial activities described below. 

Compliance with these effluent limits is to be determined based on discharges from these 

industrial activities independent of commingling with any other wastestreams that may be 

covered under this permit. 

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Table 8.C-21 

Industrial Activity Parameter Effluent Limit 

Runoff from phosphate fertilizer 

manufacturing facilities that comes into 

contact with any raw materials, finished 

product, by-products or waste 

products (SIC 2874) 

Total Phosphorus (as P) 105.0 mg/L, daily maximum 

35 mg/L, 

30-day avg. 

Fluoride 75.0 mg/L, 

daily maximum 

25.0 mg/L, 

30-day avg. 

1 Monitor annually. 

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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart D – Sector D – Asphalt Paving and Roofing Materials and Lubricant Manufacturing. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.D.1 Covered Stormwater Discharges. 

The requirements in Subpart D apply to stormwater discharges associated with industrial 

activity from Asphalt Paving and Roofing Materials and Lubricant Manufacturing facilities, as 

identified by the SIC Codes specified under Sector D in Table D-1 of Appendix D of the permit. 

8.D.2 Limitations on Coverage. 

The following stormwater discharges associated with industrial activity are not authorized 

by this permit (see also Part 1.1.4): 

8.D.2.1 Discharges from petroleum refining facilities, including those that manufacture asphalt 

or asphalt products, that are subject to nationally established effluent limitation 

guidelines found in 40 CFR Part 419 (Petroleum Refining); or 

8.D.2.2 Discharges from oil recycling facilities; or 

8.D.2.3 Discharges associated with fats and oils rendering. 

8.D.3 Sector-Specific Benchmarks 

Table 8.D-1 identifies benchmarks that apply to the specific subsectors of Sector D. These 

benchmarks apply to both your primary industrial activity and any co-located industrial 

activities. 

Table 8.D-1. 

Subsector Parameter Benchmark Monitoring 

Concentration 

Subsector D1. Asphalt Paving and Roofing 

Materials (SIC 2951, 2952) 

Total Suspended Solids 

(TSS) 

100 mg/L 

8.D.4 Effluent Limitations Based on Effluent Limitations Guidelines (See also Part 6.2.2.1 of the 

permit.) 

Table 8.D-2 identifies effluent limits that apply to the industrial activities described below. 

Compliance with these effluent limits is to be determined based on discharges from these 

industrial activities independent of commingling with any other wastestreams that may be 

covered under this permit. 

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Table 8.D-21

Industrial Activity Parameter Effluent Limit 

Discharges from asphalt emulsion facilities. Total Suspended Solids 

(TSS) 

23.0 mg/L, 

daily maximum 

15.0 mg/L, 

30-day avg. 

pH 6.0 - 9.0 s.u. 

Oil and Grease 15.0 mg/L, 

daily maximum 

10 mg/L, 

30-day avg. 

1Monitor annually. 

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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart E – Sector E – Glass, Clay, Cement, Concrete, and Gypsum Products. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.E.1 Covered Stormwater Discharges. 

The requirements in Subpart E apply to stormwater discharges associated with industrial 

activity from Glass, Clay, Cement, Concrete, and Gypsum Products facilities, as identified by the 

SIC Codes specified under Sector E in Table D-1 of Appendix D of the permit. 

8.E.2 Additional Technology-Based Effluent Limits. 

8.E.2.1 Good Housekeeping Measures. (See also Part 2.1.2.2) With good housekeeping, 

prevent or minimize the discharge of spilled cement, aggregate (including sand or 

gravel), kiln dust, fly ash, settled dust, or other significant material in stormwater from 

paved portions of the site that are exposed to stormwater. Sweep or vacuum at regular 

intervals or use other equivalent measures to minimize the presence of these materials. 

Indicate in your SWPPP the frequency of sweeping, vacuuming or other equivalent 

measures. Determine the frequency based on the amount of industrial activity 

occurring in the area and the frequency of precipitation, but it must be performed at 

least once a week if cement, aggregate, kiln dust, fly ash, or settled dust are being 

handled or processed. You must also prevent the exposure of fine granular solids 

(cement, fly ash, kiln dust, etc.) to stormwater, where practicable, by storing these 

materials in enclosed silos, hoppers, or buildings, or under other covering. 

8.E.3 Additional SWPPP Requirements. 

8.E.3.1 Drainage Area Site Map. (See also Part 5.2.2) Document in the SWPPP the locations of 

the following, as applicable: bag house or other dust control device; 

recycle/sedimentation pond, clarifier, or other device used for the treatment of process 

wastewater; and the areas that drain to the treatment device. 

8.E.3.2 Discharge Testing. (See also Part 5.2.3.4) For facilities producing ready-mix concrete, 

concrete block, brick, or similar products, include in the non-stormwater discharge 

testing a description of measures that ensure that process wastewaters resulting from 

washing trucks, mixers, transport buckets, forms, or other equipment are discharged in 

accordance with NPDES requirements or are recycled. 

8.E.4 Sector-Specific Benchmarks. 

Table 8.E-1 identifies benchmarks that apply to the specific subsectors of Sector E. These 

benchmarks apply to both your primary industrial activity and any co-located industrial 

activities. 

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Table 8.E-1. 

Subsector 

(You may be subject to requirements for 

more than one sector/subsector) 

Parameter Benchmark Monitoring 

Concentration 

Subsector E1. Clay Product Manufacturers 

(SIC 3251-3259, 3261-3269) 

Total Aluminum 0.75 mg/L 

Subsector E2. Concrete and Gypsum 

Product Manufacturers (SIC 3271-3275) 

Total Suspended Solids 

(TSS) 

100 mg/L 

Total Iron 1.0 mg/L 

8.E.5 Effluent Limitations Based on Effluent Limitations Guidelines (See also Part 6.2.2.1 of the 

permit.) 

Table 8.E-2 identifies effluent limits that apply to the industrial activities described below. 

Compliance with these limits is to be determined based on discharges from these industrial 

activities independent of commingling with any other wastestreams that may be covered under 

this permit. 

Table 8.E-21

Industrial Activity Parameter Effluent Limit 

Discharges from material storage piles at 

cement manufacturing facilities 

Total Suspended Solids 

(TSS) 

50 mg/L, daily 

maximum 

pH 6.0 - 9.0 s.u. 

1Monitor annually. 

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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart F – Sector F – Primary Metals. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.F.1 Covered Stormwater Discharges. 

The requirements in Subpart F apply to stormwater discharges associated with industrial 

activity from Primary Metals facilities, as identified by the SIC Codes specified under Sector F in 

Table D-1 of Appendix D of the permit. 

8.F.2 Additional Technology-Based Effluent Limits 

8.F.2.1 Good Housekeeping Measures. (See also Part 2.1.2.2) As part of your good 

housekeeping program, include a cleaning and maintenance program for all 

impervious areas of the facility where particulate matter, dust, or debris may 

accumulate, especially areas where material loading and unloading, storage, 

handling, and processing occur; and, where practicable, the paving of areas where 

vehicle traffic or material storage occur but where vegetative or other stabilization 

methods are not practicable (institute a sweeping or vacuuming program in these 

areas too). For unstabilized areas where sweeping or vacuuming is not practicable, use 

stormwater management devices such as sediment traps, vegetative buffer strips, filter 

fabric fence, sediment filtering boom, gravel outlet protection, or other equivalent 

measures that effectively trap or remove sediment. 

8.F.3 Additional SWPPP Requirements. 

8.F.3.1 Drainage Area Site Map. (See also Part 5.2.2) Identify in the SWPPP where any of the 

following activities may be exposed to precipitation or surface runoff: storage or 

disposal of wastes such as spent solvents and baths, sand, slag and dross; liquid storage 

tanks and drums; processing areas including pollution control equipment (e.g., 

baghouses); and storage areas of raw material such as coal, coke, scrap, sand, fluxes, 

refractories, or metal in any form. In addition, indicate where an accumulation of 

significant amounts of particulate matter could occur from such sources as furnace or 

oven emissions, losses from coal and coke handling operations, etc., and could result in 

a discharge of pollutants to waters of the United States.

8.F.3.2 Inventory of Exposed Material. (See also Part 5.2.3) Include in the inventory of materials 

handled at the site that potentially may be exposed to precipitation or runoff, areas 

where deposition of particulate matter from process air emissions or losses during 

material-handling activities are possible 

8.F.4 Additional Inspection Requirements. (See also Part 3.1) As part of conducting your 

routine facility inspections at least quarterly (Part 3.1), address all potential sources of 

pollutants, including (if applicable) air pollution control equipment (e.g., baghouses, 

electrostatic precipitators, scrubbers, and cyclones), for any signs of degradation (e.g., 

leaks, corrosion, or improper operation) that could limit their efficiency and lead to 

excessive emissions. Consider monitoring air flow at inlets and outlets (or use equivalent 

measures) to check for leaks (e.g., particulate deposition) or blockage in ducts. Also 

inspect all process and material handling equipment (e.g., conveyors, cranes, and 

vehicles) for leaks, drips, or the potential loss of material; and material storage areas 

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(e.g., piles, bins, or hoppers for storing coke, coal, scrap, or slag, as well as chemicals 

stored in tanks and drums) for signs of material losses due to wind or stormwater runoff.

8.F.5 Sector-Specific Benchmarks. 

Table 8.F-1 identifies benchmarks that apply to the specific subsectors of Sector F. These 

benchmarks apply to both your primary industrial activity and any co-located industrial 

activities.

Table 8.F-1. 

Subsector 

(You may be subject to requirements for 

more than one sector/subsector)

Parameter Benchmark Monitoring 

Concentration 

Subsector F1. Steel Works, Blast Furnaces, 

and Rolling and Finishing Mills 

(SIC 3312-3317) 

Total Aluminum 0.75 mg/L 

Total Zinc (freshwater)2 

Total Zinc (saltwater)1

Hardness Dependent 

0.09 mg/L 

Subsector F2. Iron and Steel Foundries 

(SIC 3321-3325) 

Total Aluminum 0.75 mg/L 

Total Suspended Solids (TSS) 100 mg/L 

Total Copper (freshwater)2 

Total Copper (saltwater)1

Hardness Dependent 

0.0048 mg/L 

Total Iron 1.0 mg/L 

Total Zinc (freshwater)2 

Total Zinc (saltwater)1

Hardness Dependent 

0.09 mg/L 

Subsector F3. Rolling, Drawing, and 

Extruding of Nonferrous Metals 

(SIC 3351-3357) 

Total Copper (freshwater)2 

Total Copper (saltwater)1

Hardness Dependent 

0.0048 mg/L 

Total Zinc (freshwater)2 

Total Zinc (saltwater)1

Hardness Dependent 

0.09 mg/L 

Subsector F4. Nonferrous Foundries 

(SIC 3363-3369) 

Total Copper (freshwater)2 

Total Copper (saltwater)1

Hardness Dependent 

0.0048 mg/L 

Total Zinc (freshwater)2 

Total Zinc (saltwater)1

Hardness Dependent 

0.09 mg/L 1Saltwater benchmark values apply to stormwater discharges into saline waters where indicated. 

2 The freshwater benchmark values of some metals are dependent on water hardness. For these parameters, permittees 

must determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving Waters for 

Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable ‘hardness 

range’ for determining their benchmark value applicable to their facility. Hardness Dependent Benchmarks follow in 

the table below: 

Freshwater Hardness 

Range 

Copper 

(mg/L) 

Zinc 

(mg/L) 

0-24.99 mg/L 0.0038 0.04 

25-49.99 mg/L 0.0056 0.05 

50-74.99 mg/L 0.0090 0.08 

75-99.99 mg/L 0.0123 0.11 

100-124.99 mg/L 0.0156 0.13 

125-149.99 mg/L 0.0189 0.16 

150-174.99 mg/L 0.0221 0.18 

175-199.99 mg/L 0.0253 0.20 

200-224.99 mg/L 0.0285 0.23 

225-249.99 mg/L 0.0316 0.25 

250+ mg/L 0.0332 0.26 

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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart G – Sector G – Metal Mining. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.G.1 Covered Stormwater Discharges. 

The requirements in Subpart G apply to stormwater discharges associated with industrial 

activity from Metal Mining facilities, including mines abandoned on Federal lands, as identified 

by the SIC Codes specified under Sector G in Table D-1 of Appendix D. Coverage is required for 

metal mining facilities that discharge stormwater contaminated by contact with, or that has 

come into contact with, any overburden, raw material, intermediate product, finished product, 

byproduct, or waste product located on the site of the operation. 

8.G.1.1 Covered Discharges from Inactive Facilities. All stormwater discharges. 

8.G.1.2 Covered Discharges from Active and Temporarily Inactive Facilities. Only the 

stormwater discharges from the following areas are covered: 

x Waste rock and overburden piles if composed entirely of stormwater and not 

combining with mine drainage; 

x Topsoil piles; 

x Offsite haul and access roads; 

x Onsite haul and access roads constructed of waste rock, overburden or spent 

ore if composed entirely of stormwater and not combining with mine drainage; 

x Onsite haul and access roads not constructed of waste rock, overburden or 

spent ore except if mine drainage is used for dust control; 

x Runoff from tailings dams or dikes when not constructed of waste rock or tailings 

and no process fluids are present; 

x Runoff from tailings dams or dikes when constructed of waste rock or tailings 

and no process fluids are present, if composed entirely of stormwater and not 

combining with mine drainage; 

x Concentration building if no contact with material piles; 

x Mill site if no contact with material piles; 

x Office or administrative building and housing if mixed with stormwater from 

industrial area; 

x Chemical storage area; 

x Docking facility if no excessive contact with waste product that would 

otherwise constitute mine drainage; 

x Explosive storage; 

x Fuel storage; 

x Vehicle and equipment maintenance area and building; 

x Parking areas (if necessary); 

x Power plant; 

x Truck wash areas if no excessive contact with waste product that would 

otherwise constitute mine drainage; 

x Unreclaimed, disturbed areas outside of active mining area; 

x Reclaimed areas released from reclamation requirements prior to December 

17, 1990; 

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x Partially or inadequately reclaimed areas or areas not released from 

reclamation requirements. 

8.G.1.3 Covered Discharges from Exploration and Construction of Metal Mining and/or Ore 

Dressing Facilities. All stormwater discharges. 

8.G.1.4 Covered Discharges from Facilities Undergoing Reclamation. All stormwater discharges. 

8.G.2 Limitations on Coverage. 

8.G.2.1 Prohibition of Stormwater Discharges. Stormwater discharges not authorized by this 

permit: discharges from active metal mining facilities that are subject to effluent 

limitation guidelines for the Ore Mining and Dressing Point Source Category (40 CFR Part 

440). 

NOTE: Stormwater runoff from these sources are subject to 40 CFR Part 440 if they are 

mixed with other discharges subject to Part 440. In this case, they are not eligible for 

coverage under this permit. Discharges from overburden/waste rock and 

overburden/waste rock-related areas are not subject to 40 CFR Part 440 unless they: (1) 

drain naturally (or are intentionally diverted) to a point source; and (2) combine with 

''mine drainage'' that is otherwise regulated under the Part 440 regulations. For such 

sources, coverage under this permit would be available if the discharge composed 

entirely of stormwater does not combine with other sources of mine drainage that are 

not subject to 40 CFR Part 440, and meets the other eligibility criteria contained in Part 

1.2 of the permit. Permit applicants bear the initial responsibility for determining if they 

are eligible for coverage under this permit, or must seek coverage under another 

NPDES permit. EPA recommends that permit applicants contact the relevant NPDES 

permit issuance authority for assistance to determine the nature and scope of the 

''active mining area'' on a mine-by-mine basis, as well as to determine the appropriate 

permitting mechanism for authorizing such discharges. 

8.G.2.2 Prohibition of Non-Stormwater Discharges. Not authorized by this permit: adit drainage, 

and contaminated springs or seeps discharging from waste rock dumps that do not 

directly result from precipitation events (see also the standard Limitations on Coverage 

in Part 1.1.4). 

8.G.3 Definitions. 

The following definitions are not intended to supersede the definitions of active and 

inactive mining facilities established by 40 CFR 122.26(b)(14)(iii). 

8.G.3.1 Mining operation - Consists of the active and temporarily inactive phases, and the 

reclamation phase, but excludes the exploration and construction phases. 

8.G.3.2 Exploration phase - Entails exploration and land disturbance activities to determine the 

viability of a site. The exploration phase is not considered part of “mining operations.” 

8.G.3.3 Construction phase - Includes the building of site access roads and removal of 

overburden and waste rock to expose mineable minerals. The construction phase is 

not considered part of “mining operations.” 

8.G.3.4 Active phase - Activities including the extraction, removal or recovery of metal ore. For 

surface mines, this definition does not include any land where grading has returned the 

earth to a desired contour and reclamation has begun. This definition is derived from 

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the definition of “active mining area” found at 40 CFR 440.132(a). The active phase is 

considered part of “mining operations.” 

8.G.3.5 Reclamation phase - Activities undertaken, in compliance with applicable mined land 

reclamation requirements, following the cessation of the “active phase”, intended to 

return the land to an appropriate post-mining land use in order to meet applicable 

Federal and State reclamation requirements. The reclamation phase is considered part 

of "mining operations." 

8.G.3.6 Active metal mining facility - A place where work or other activity related to the 

extraction, removal, or recovery of metal ore is being conducted. For surface mines, 

this definition does not include any land where grading has returned the earth to a 

desired contour and reclamation has begun. This definition is derived from the 

definition of “active mining area” found at 40 CFR 440.132(a). 

8.G.3.7 Inactive metal mining facility - A site or portion of a site where metal mining and/or 

milling occurred in the past but is not an active facility as defined above, and where 

the inactive portion is not covered by an active mining permit issued by the applicable 

State or Federal agency. An inactive metal mining facility has an identifiable owner / 

operator. Sites where mining claims are being maintained prior to disturbances 

associated with the extraction, beneficiation, or processing of mined materials and sites 

where minimal activities are undertaken for the sole purpose of maintaining a mining 

claim are not considered either active or inactive mining facilities and do not require 

an NPDES industrial stormwater permit. 

8.G.3.8 Temporarily inactive metal mining facility - A site or portion of a site where metal mining 

and/or milling occurred in the past but currently are not being actively undertaken, 

and the facility is covered by an active mining permit issued by the applicable State or 

Federal agency. 

8.G.3.9 Final Stabilization - A site or portion of a site is “finally stabilized” when it has 

implemented all applicable Federal and State reclamation requirements. 

8.G.4 Technology-Based Effluent Limits for Clearing, Grading, and Excavation Activities. 

Clearing, grading, and excavation activities being conducted as part of the exploration 

and construction phase of mining activities are covered under this permit. During clearing, 

grading, and excavation activities you must comply with all applicable effluent limits in Part 2 of 

this permit, and you must also comply with the following effluent limits which are from the 2012 

version of EPA’s Construction General Permit (CGP). Contained in Part 8.G.4 are the basic 

requirements of EPA’s CGP, however, you should consult EPA’s CGP to ensure full compliance is 

achieved. 

8.G.4.1 Requirements Regarding Erosion And Sediment Control. . 

8.G.4.1.1 Installation of Stormwater Controls (See Part 2.1.1.3 of EPA’s CGP) 

x By the time construction commences, stormwater controls to treat 

initial disturbance must be installed and made operational. 

x Controls must be installed along perimeter areas of site that will 

receive stormwater flow. 

x Remaining controls must be installed as soon as conditions allow 

8.G.4.1.2 Maintenance of Stormwater Controls (See Part 2.1.1.4 of EPA’s CGP) 

x At any time, if a stormwater control needs repair or replacement 

to continue operating effectively; 

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o Initiate work to fix the problem immediately 

o Complete work by end of the next work day 

x If a stormwater control must be replaced or significantly repaired, 

work must be completed within 7 days, unless infeasible 

8.G.4.1.3 Natural Buffers (See Part 2.1.2.1 and Appendix G of EPA’s CGP). If earth 

disturbances will occur within 50 feet of a water of the U.S., additional 

protections apply. You must comply with 1 of 3 compliance alternatives: 

1. Provide a 50-foot undisturbed natural buffer between construction 

disturbances and the water of the U.S.; or 

2. Provide an undisturbed natural buffer that is less than 50 feet 

supplemented by additional erosion and sediment controls, which 

in combination, achieve a sediment load reduction that is 

equivalent to a 50-foot buffer; or 

3. If it is infeasible to provide an undisturbed natural buffer of any size, 

implement erosion and sediment controls that achieve a sediment 

load reduction that is equivalent to a 50-foot buffer. 

There are exceptions when buffer requirements don’t apply: 

1. There is no stormwater discharge from construction disturbances to 

the water of the U.S.; 

2. The natural buffer has already been eliminated by preexisting 

development disturbances; or 

3. The disturbance is for the construction of a water-dependent 

structure (pier, boat ramp) or construction approved under a CWA 

section 404 permit. 

8.G.4.1.4 Sediment Discharge Controls (See Parts 2.1.2.2 – 2.1.3.3 of EPA’s CGP) 

Perimeter controls: 

x Install sediment controls along those perimeter areas of your site that 

will receive stormwater; and 

x Remove sediment before it has accumulated to one-half of the 

above-ground height of any perimeter control. 

Sediment track-out: 

x Restrict vehicle use to designated exit points; 

x Use appropriate stabilization techniques; and 

x Remove tracked-out sediment by end of the work day. 

Soil or sediment stockpiles: 

x Locate the piles outside of any natural buffers established under Part 

8.G.4.1.3; 

x Protect from contact with stormwater runoff using temporary barriers; 

and 

x Provide cover or appropriate temporary stabilization, where 

practicable. 

Storm drain inlets: 

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x Install inlet protection measures (at sewer inlets that you can access) 

that remove sediment prior to discharge into storm drain 

x Can be removed in the event of flood conditions or to prevent 

erosion; and 

x Clean, or remove and replace, the protection measures as sediment 

accumulates, the filter becomes clogged, and/or performance is 

compromised 

Sediment basins 

x Provide storage for either (1) the 2-year, 24-hour storm, or (2) 3,600 

cubic feet per acre drained; and 

x Utilize outlet structures that withdraw water from surface, unless 

infeasible. 

x Prevent erosion of (1) the sediment basin using stabilization controls 

(e.g., erosion control blankets), and (2) the inlet and outlet using 

erosion controls and velocity dissipation devices; and 

x Locate sediment basins outside any natural buffers established under 

Part 8.G.4.1.3. 

Other related requirements: 

x Minimize amount of soil exposed at any one time during construction 

x Minimize steep slope disturbances 

x Minimize soil compaction 

x Direct stormwater to the site’s vegetated areas unless infeasible 

8.G.4.1.5 Restrictions on Use of Treatment Chemicals (See Part 2.1.3.3 of EPA’s CGP). 

If you will use treatment chemicals at your site, you are subject to the 

following minimum requirements: 

x Use conventional E&S controls prior to and after application of 

chemical; 

x Select chemicals suited to soil type, and expected turbidity, pH, flow 

rate; 

x Minimize discharge risk from stored chemicals; 

x Apply in accordance with state/local requirements, good engineering 

practices, and dosage recommendations of chemical supplier; and 

x Ensure proper training. 

The use of cationic treatment chemicals is not allowed under the MSGP 

unless EPA specifically authorizes its use: 

x You will need to contact the applicable EPA Regional Office if you 

intend to use cationic treatment chemicals at your site to determine 

what information EPA requires to evaluate your request; and 

x Use of cationic chemicals will likely be subject to additional 

requirements to ensure protection of water quality standards. 

8.G.4.1.6 Site Stabilization (See Part 2.2 of EPA’s CGP) 

When to initiate stabilization: 

x By no later than the end of the next work day after construction work 

in an area has stopped permanently or temporarily 

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When stabilization must be completed: 

x If using vegetative measures, by no later than 14 days after initiating 

stabilization, the operator must: 

o Seed or plant the area, and provide temporary cover to 

protect planted area; and 

o Once established, vegetation must cover at least 70% of 

stabilized area based on density of native vegetation. 

x If using non-vegetative stabilization, by no later than 14 days after 

initiating stabilization, the operator must: 

o Install or apply all non-vegetative measures; and 

o Cover all areas of exposed soil. 

Exceptions: 

x Arid, semi-arid (if construction occurs during seasonally dry period), or 

drought-stricken areas: 

o Within 14 days of stopping construction work in an area, install 

any necessary non-vegetative stabilization measures; 

o Initiate vegetative stabilization as soon conditions on the site 

allow; 

o Document the schedule that will be followed for initiating and 

completing vegetative stabilization; and 

o Area must be planted so that within 3 years 70% cover 

requirement is met. 

x Sites affected by severe storm events or other unforeseen 

circumstances: 

o Initiate vegetative stabilization as soon conditions on the site 

allow; 

o Document the schedule that will be followed for initiating and 

completing vegetative stabilization; and 

o Area must be planted so that within 3 years 70% cover 

requirement is met. 

8.G.4.2 Pollution Prevention Requirements (See Part 2.3 of EPA’s CGP) 

8.G.4.2.1 Prohibited Non-Stormwater Discharges: 

x Wastewater from washout of concrete, unless managed by an 

appropriate control; 

x Wastewater from washout and cleanout of stucco, paint, form release 

oils, curing compounds, and other construction materials, unless 

managed by an appropriate control; 

x Fuels, oils, or other pollutants used for O&M of vehicles or equipment; 

x Soaps or solvents used in vehicle or equipment washing; and 

x Toxic or hazardous substances from a spill or other release 

8.G.4.2.2 Design and Location Requirements: 

x Use effective means of preventing discharge from pollution sources: 

o Minimize exposure; or 

o Use secondary containment or equivalent measures; or 

o Provide spill kits. 

x Use leak-proof containers for all chemicals: 

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o Locate away from surface waters, storm sewer inlets, and 

drainageways; and 

o Clean up spills immediately – do not clean by hosing area 

down 

8.G.4.3 Water-Quality Requirements 

Stricter requirements apply if your site will discharge to an impaired water or a water 

that is identified by your state, tribe, or EPA as a Tier 2 or Tier 2.5 for antidegradation 

purposes: 

x More rapid stabilization of exposed areas: 

o Complete initial stabilization activities within 7 days of stopping 

construction work. 

x More frequent site inspections: 

o Once every 7 days and within 24 hours of a storm event of 0.25 inches 

or greater. 

8.G.4.4 Inspection Requirements (See Part 4.1 of EPA’s CGP) 

8.G.4.4.1 Inspection Frequency 

x At least once every 7 calendar days, or 

x Once every 14 calendar days and within 24 hours of a storm event of 0.25 

inches or greater. Note: 

o Inspections only required during working hours; 

o Inspections not required during unsafe conditions; and 

o If you choose to inspect once every 14 days, you must have a method 

for measuring rainfall amount on site (either rain gauge or 

representative weather station) 

8.G.4.4.2 Reductions in Inspection Frequency 

x Stabilized areas: You may reduce the frequency of inspections to once 

per month in any area of your site where the stabilization as occurred 

pursuant to Part 8.G.4.1.6. 

x Arid, semi-arid, and drought stricken areas: if construction is occurring during 

the seasonally dry period or during a period in which drought is predicted to 

occur, you may reduce inspections to once per month and within 24 hours of 

a 0.25 inch storm event. 

x Frozen conditions: You may temporarily suspend or reduce inspections (to 

once per month) until thawing conditions occur if frozen conditions are 

continuous and disturbed areas have been stabilized. 

8.G.4.4.3 Areas to be Inspected: 

You must at a minimum inspect the following areas: 

x All disturbed areas; 

x All stormwater controls and pollution prevention measures; 

x All locations where stabilization measures have been implemented; 

x Material, waste, borrow, or equipment storage and maintenance areas; 

x All areas where stormwater flows; and 

x All points of discharge. 

8.G.4.4.4 What to Check for During Inspections 

At a minimum you must check: 

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x Whether all stormwater controls are installed, operational, and working as 

intended; 

x If any new or modified stormwater controls are needed; 

x Conditions that could lead to a spill or leak; and 

x Visual signs of erosion/sedimentation at points of discharge. 

If a discharge is occurring: 

x The quality and characteristics of the discharge; and 

x Whether controls are operating effectively 

8.G.4.4.5 Inspection Report 

Within 24 hours of an inspection, complete a report that includes: 

x Inspection date; 

x Name and title of inspector(s); 

x Summary of inspection findings ; 

x Rainfall amount that triggered the inspection (if applicable); 

x If it was unsafe to inspect a portion of the site, include documentation of the 

reason and the location(s;) 

x Each inspection report must be signed; and 

x Must keep a current copy of all reports at the site or at an easily accessible 

location. 

8.G.5 Additional Technology-Based Effluent Limits. 

8.G.5.1 Employee Training. (See also Part 2.1.2.8) Conduct employee training at least annually 

at active and temporarily inactive sites. 

8.G.5.2 Stormwater Controls. Apart from the control measures you implement to meet your Part 

2 effluent limits, where necessary to minimize pollutant discharges, implement the 

following control measures at your site. The potential pollutants identified in Part 8.G.6.3 

shall determine the priority and appropriateness of the control measures selected. 

8.G.5.2.1 Stormwater Diversions: Divert stormwater away from potential pollutant 

sources where practicable. The following are some options: interceptor or 

diversion controls (e.g., dikes, swales, curbs, or berms); pipe slope drains; 

subsurface drains; conveyance systems (e.g., channels or gutters, open-top 

box culverts, and waterbars; rolling dips and road sloping; roadway surface 

water deflector and culverts); or their equivalents. 

8.G.5.2.2 Capping: When capping is necessary to minimize pollutant discharges in 

stormwater, identify the source being capped and the material used to 

construct the cap. 

8.G.5.2.3 Treatment: If treatment of stormwater (e.g., chemical or physical systems, oil 

and water separators, artificial wetlands) is necessary to protect water quality, 

describe the type and location of treatment used. Passive and/or active 

treatment of stormwater runoff is encouraged where practicable. Treated 

runoff may be discharged as a stormwater source regulated under this permit 

provided the discharge is not combined with discharges subject to effluent 

limitation guidelines for the Ore Mining and Dressing Point Source Category 

(40 CFR Part 440). 

8.G.5.3 Discharge Testing. (See also Part 5.2.3.4) Test or evaluate all outfalls covered under this 

permit for the presence of specific mining-related non-stormwater discharges such as 

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seeps or adit discharges, or discharges subject to effluent limitations guidelines (e.g., 40 

CFR Part 440), such as mine drainage or process water. Alternatively (if applicable), you 

may keep a certification with your SWPPP consistent with Part 8.G.6.6. 

8.G.6 Additional SWPPP Requirements. 

8.G.6.1 Nature of Industrial Activities. (See also Part 5.2.2) Briefly document in your SWPPP the 

mining and associated activities that can potentially affect the stormwater discharges 

covered by this permit, including a general description of the location of the site 

relative to major transportation routes and communities. 

8.G.6.2 Site Map. (See also Part 5.2.2) Document in your SWPPP the locations of the following 

(as appropriate): mining or milling site boundaries; access and haul roads; outline of the 

drainage areas of each stormwater outfall within the facility with indications of the 

types of discharges from the drainage areas; location(s) of all permitted discharges 

covered under an individual NPDES permit, outdoor equipment storage, fueling, and 

maintenance areas; materials handling areas; outdoor manufacturing, outdoor 

storage, and material disposal areas; outdoor chemicals and explosives storage areas; 

overburden, materials, soils, or waste storage areas; location of mine drainage (where 

water leaves mine) or other process water; tailings piles and ponds (including proposed 

ones); heap leach pads; off-site points of discharge for mine drainage and process 

water; surface waters; boundary of tributary areas that are subject to effluent 

limitations guidelines; and location(s) of reclaimed areas.

8.G.6.3 Potential Pollutant Sources. (See also Part 5.2.3) For each area of the mine or mill site 

where stormwater discharges associated with industrial activities occur, identify the 

types of pollutants (e.g., heavy metals, sediment) likely to be present in significant 

amounts. Consider these factors: the mineralogy of the ore and waste rock (e.g., acid 

forming); toxicity and quantity of chemicals used, produced, or discharged; the 

likelihood of contact with stormwater; vegetation of site (if any); and history of 

significant leaks or spills of toxic or hazardous pollutants. Also include a summary of any 

existing ore or waste rock or overburden characterization data and test results for 

potential generation of acid rock. If any new data is acquired due to changes in ore 

type being mined, update your SWPPP with this information. 

8.G.6.4 Documentation of Control Measures. Document all control measures that you 

implement consistent with Part 8.G.5.2. If control measures are implemented or 

planned but are not listed in Part 8.G.5.2 (e.g., substituting a less toxic chemical for a 

more toxic one), include descriptions of them in your SWPPP. 

8.G.6.5 Employee Training. All employee training(s) must be documented in the SWPPP. 

8.G.6.6 Certification of Permit Coverage for Commingled Non-Stormwater Discharges: If you 

are able, consistent with Part 8.G.5.3 above, to certify that a particular discharge 

composed of commingled stormwater and non-stormwater is covered under a 

separate NPDES permit, and that permit subjects the non-stormwater portion to effluent 

limitations prior to any commingling, retain such certification with your SWPPP. This 

certification must identify the non-stormwater discharges, the applicable NPDES 

permit(s), the effluent limitations placed on the non-stormwater discharge by the 

permit(s), and the points at which the limitations are applied. 

8.G.7 Additional Inspection Requirements. 

(See also Part 3.1 and 8.G.4.4.) Except for areas of the site subject to clearing, grading, 

and/or excavation activities conducted as part of the exploration and construction phase, 

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which are subject to Part 8.G.4.2.1, inspect sites at least quarterly unless adverse weather 

conditions make the site inaccessible. Sites which discharge to waters designated as Tier 2 or 2.5 

or waters which are impaired for sediment or nitrogen must be inspected monthly, unless subject 

to 8.G.4.3. See Part 8.G.8.4 for inspection requirements for inactive and unstaffed sites.

8.G.8 Monitoring and Reporting Requirements. (See also Part 6 of the permit.) 

Note: There are no Part 8.G.8 monitoring and reporting requirements for inactive and 

unstaffed sites. 

8.G.8.1 Benchmark Monitoring for Active Copper Ore Mining and Dressing Facilities. Table 8.G-1 

identifies benchmarks that apply to active copper ore mining and dressing facilities. 

These benchmarks apply to both your primary industrial activity and any co-located 

industrial activities. 

Table 8.G-1 

Subsector 

(You may be subject to requirements for 

more than one sector/subsector) 

Parameter 

Benchmark 

Monitoring 

Concentration 

Subsector G1. Active Copper Ore Mining 

and Dressing Facilities 

(SIC 1021) 

Total Suspended Solids 

(TSS) 

100 mg/L 

Nitrate plus Nitrite 

Nitrogen 

0.68 mg/L 

Chemical Oxygen 

Demand (COD)

120 mg/L 

8.G.8.2 Benchmark Monitoring Requirements for Discharges From Waste Rock and Overburden 

Piles at Active Metal Mining Facilities. For discharges from waste rock and overburden 

piles, perform benchmark monitoring once in the first year for the parameters listed in 

Table 8.G-2, and twice annually in all subsequent years of coverage under this permit 

for any parameters for which the benchmark has been exceeded. You are also 

required to conduct analytic monitoring for the parameters listed in Table 8.G-3 in 

accordance with the requirements in Part 8.G.6.3. The Director may also notify you that 

you must perform additional monitoring to accurately characterize the quality and 

quantity of pollutants discharged from your waste rock and overburden piles. 

Table 8.G-2. 

Subsector 

(Discharges may be subject to 

requirements for more than one 

sector/subsector) 

Parameter Benchmark Monitoring 

Concentration 

Subsector G2. Iron Ores; Copper Ores; 

Lead and Zinc Ores; Gold and Silver 

Ores; Ferroalloy Ores, Except 

Vanadium; and Miscellaneous Metal 

Ores (SIC Codes 1011, 1021, 1031, 1041, 

1044, 1061, 1081, 1094, 1099) 

(Note: when analyzing hardness for a 

suite of metals, it is more cost effective 

Total Suspended Solids (TSS) 100 mg/L 

Turbidity 50 NTU 

pH 6.0-9.0 s.u. 

Hardness (as CaCO3; calc. 

from Ca, Mg)2

no benchmark value 

Total Antimony 0.64 mg/L 

Total Arsenic 0.15 mg/ L 

Total Beryllium 0.13 mg/L 

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Table 8.G-2. 

Subsector 

(Discharges may be subject to 

requirements for more than one 

sector/subsector) 

Parameter Benchmark Monitoring 

Concentration 

to add analysis of calcium and 

magnesium, and have hardness 

calculated than to require hardness 

analysis separately) 

Total Cadmium (freshwater)2 

Total Cadmium (saltwater)1 

Hardness Dependent 

0.04 mg/L 

Total Copper (freshwater)2 

Total Copper (saltwater)1

Hardness Dependent 

0.0048 mg/L 

Total Iron 1.0 mg/L 

Total Lead (freshwater)2 

Total Lead (saltwater)1

Hardness Dependent 

0.21 mg/L 

Total Mercury 0.0014 mg/L 

Total Nickel (freshwater)2 

Total Nickel (saltwater)1

Hardness Dependent 

0.074 mg/L 

Total Selenium 0.005 mg/L 

Total Silver (freshwater)2 

Total Silver (saltwater)1

Hardness Dependent 

0.0019 mg/L 

Total Zinc (freshwater)2 

Total Zinc (saltwater)1 

Hardness Dependent 

0.09 mg/L 1Saltwater benchmark values apply to stormwater discharges into saline waters where indicated. 

2 The freshwater benchmark values of some metals are dependent on water hardness. For these parameters, 

permittees must determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving 

Waters for Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable 

‘hardness range’ for determining their benchmark value applicable to their facility. Hardness Dependent Benchmarks 

follow in the table below: 

Freshwater Hardness 

Range 

Cadmium 

(mg/L) 

Copper 

(mg/L) 

Lead 

(mg/L) 

Nickel 

(mg/L) 

Silver 

(mg/L) 

Zinc 

(mg/L) 

0-24.99 mg/L 0.0005 0.0038 0.014 0.15 0.0007 0.04 

25-49.99 mg/L 0.0008 0.0056 0.023 0.20 0.0007 0.05 

50-74.99 mg/L 0.0013 0.0090 0.045 0.32 0.0017 0.08 

75-99.99 mg/L 0.0018 0.0123 0.069 0.42 0.0030 0.11 

100-124.99 mg/L 0.0023 0.0156 0.095 0.52 0.0046 0.13 

125-149.99 mg/L 0.0029 0.0189 0.122 0.61 0.0065 0.16 

150-174.99 mg/L 0.0034 0.0221 0.151 0.71 0.0087 0.18 

175-199.99 mg/L 0.0039 0.0253 0.182 0.80 0.0112 0.20 

200-224.99 mg/L 0.0045 0.0285 0.213 0.89 0.0138 0.23 

225-249.99 mg/L 0.0050 0.0316 0.246 0.98 0.0168 0.25 

250+ mg/L 0.0053 0.0332 0.262 1.02 0.0183 0.26 

8.G.8.3 Additional Analytic Monitoring Requirements for Discharges From Waste Rock and 

Overburden Piles at Active Metal Mining Facilities. In addition to the monitoring 

required in Part 8.G.8.2 for discharges from waste rock and overburden piles, you must 

also conduct monitoring for additional parameters based on the type of ore you mine 

at your site. Where a parameter in Table 8.G-3 is the same as a pollutant you are 

required to monitor for in Table 8.G-2 (i.e., for all of the metals), you must use the 

corresponding benchmark in Table 8.G-2 and you may use any monitoring results 

conducted for Part 8.G.8.2 to satisfy the monitoring requirement for that parameter for 

Part 8.G.6.3. For radium and uranium, which do not have corresponding benchmarks 

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in Table 8.G-2, there are no applicable benchmarks. The frequency and schedule for 

monitoring for these additional parameters is the same as that specified in Part 6.2.1.2. 

Table 8.G-3. Additional Monitoring Requirements for Discharges from Waste Rock and 

Overburden Piles 

Supplemental Requirements 

Type of Ore Mined 

Pollutants of Concern 

Total Suspended 

Solids (TSS)

pH Metals, Total 

Tungsten Ore X X Arsenic, Cadmium (H), Copper 

(H), Lead (H), Zinc (H)

Nickel Ore X X Arsenic, Cadmium (H), Copper 

(H), Lead (H), Zinc (H)

Aluminum Ore X X Iron 

Mercury Ore X X Nickel (H)

Iron Ore X X Iron (Dissolved)

Platinum Ore Cadmium (H), Copper (H), 

Mercury, Lead (H), Zinc (H)

Titanium Ore X X Iron, Nickel (H), Zinc (H)

Vanadium Ore X X Arsenic, Cadmium (H), Copper 

(H), Lead (H), Zinc (H)

Molybdenum X X Arsenic, Cadmium (H), Copper 

(H), Lead (H), Mercury, Zinc (H)

Uranium, Radium, and 

Vanadium Ore 

X X Chemical Oxygen Demand, 

Arsenic, Radium (Dissolved and 

Total), Uranium, Zinc (H)

Note: An “X” indicated for TSS and/or pH means that you are required to monitor for those parameters. (H) indicates 

that hardness must also be measured when this pollutant is measured. 

8.G.8.4 Inactive and Unstaffed Sites – Conditional Exemption from No Exposure Requirements 

for Quarterly Visual Assessments and Routine Facility Inspections. As a Sector G facility, if 

you are seeking to exercise a waiver from the quarterly visual assessment and routine 

facility inspection requirements for inactive and unstaffed sites (including temporarily 

inactive sites), you are conditionally exempt from the requirement to certify that “there 

are no industrial materials or activities exposed to stormwater” in Parts 3.1.1 and 3.2.3. 

This exemption is conditioned on the following: 

x If circumstances change and your facility becomes active and/or staffed, this 

exception no longer applies and you must immediately begin complying with the 

quarterly visual assessment requirements; and 

x EPA retains the authority to revoke this exemption and/or the monitoring waiver 

where it is determined that the discharge causes, has a reasonable potential to 

cause, or contributes to an instream excursion above an applicable water quality 

standard, including designated uses. 

Subject to the two conditions above, if your facility is inactive and unstaffed, you are 

waived from the requirement to conduct quarterly visual assessments and routine 

facility inspections. You must still do an annual site inspection in accordance with Part 

3.1. . You are encouraged to inspect your site more frequently where you have reason 

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to believe that severe weather or natural disasters may have damaged control 

measures or increased discharges. 

Table 8.G-4. Applicability of the Multi-Sector General Permit to Stormwater Runoff From Active 

Mining and Dressing Sites, Temporarily Inactive Sites, and Sites Undergoing Reclamation 

Discharge/Source of Discharge Note/Comment 

Piles 

Waste rock/overburden If composed entirely of stormwater and not 

combining with mine drainage. See note 

below. 

Topsoil -- 

Roads constructed of waste rock or spent ore 

Onsite haul roads If composed entirely of stormwater and not 

combining with mine drainage. See note 

below. 

Offsite haul and access roads -- 

Roads not constructed of waste rock or spent ore 

Onsite haul roads Except if mine drainage is used for dust control 

Offsite haul and access roads -- 

Milling/concentrating

Runoff from tailings dams and dikes when 

constructed of waste rock/tailings 

Except if process fluids are present and only if 

composed entirely of stormwater and not 

combining with mine drainage. See Note 

below. 

Runoff from tailings dams/dikes when not 

constructed of waste rock and tailings 

Except if process fluids are present 

Concentration building If stormwater only and no contact with piles 

Mill site If stormwater only and no contact with piles 

Ancillary areas 

Office and administrative building and housing If mixed with stormwater from the industrial 

area 

Chemical storage area -- 

Docking facility Except if excessive contact with waste 

product that would otherwise constitute mine 

drainage 

Explosive storage -- 

Fuel storage (oil tanks/coal piles) -- 

Vehicle and equipment maintenance 

area/building

-- 

Parking areas But coverage unnecessary if only employee 

and visitor-type parking

Power plant 

Truck wash area Except when excessive contact with waste 

product that would otherwise constitute mine 

drainage 

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Table 8.G-4. Applicability of the Multi-Sector General Permit to Stormwater Runoff From Active 

Mining and Dressing Sites, Temporarily Inactive Sites, and Sites Undergoing Reclamation 

Discharge/Source of Discharge Note/Comment 

Reclamation-related areas 

Any disturbed area (unreclaimed) Only if not in active mining area 

Reclaimed areas released from reclamation 

requirements prior to Dec. 17, 1990 

-- 

Partially/inadequately reclaimed areas or 

areas not released from reclamation 

requirements 

-- 

Note: Stormwater runoff from these sources are subject to the NPDES program for stormwater unless mixed with 

discharges subject to 40 CFR Part 440 that are regulated by another permit prior to mixing. Non-stormwater discharges 

from these sources are subject to NPDES permitting and may be subject to the effluent limitation guidelines under 40 

CFR Part 440. Discharges from overburden/waste rock and overburden/waste rock-related areas are not subject to 40 

CFR Part 440 unless: (1) it drains naturally (or is intentionally diverted) to a point source; and (2) combines with ''mine 

drainage'' that is otherwise regulated under the Part 440 regulations. For such sources, coverage under this permit would 

be available if the discharge composed entirely of stormwater does not combine with other sources of mine drainage 

that are not subject to 40 CFR Part 440, as well as meeting other eligibility criteria contained in Part 1.1 of the permit. 

Permit applicants bear the initial responsibility for determining the applicable technology-based standard for such 

discharges. EPA recommends that permit applicants contact the relevant NPDES permit issuance authority for 

assistance to determine the nature and scope of the ''active mining area'' on a mine-by-mine basis, as well as to 

determine the appropriate permitting mechanism for authorizing such discharges. 

8.G.9. Termination of Permit Coverage 

8.G.9.1 Termination of Permit Coverage for Sites Reclaimed After December 17, 1990. A site or 

a portion of a site that has been released from applicable state or federal reclamation 

requirements after December 17, 1990, is no longer required to maintain coverage 

under this permit. If the site or portion of a site reclaimed after December 17, 1990, was 

not subject to reclamation requirements, the site or portion of the site is no longer 

required to maintain coverage under this permit if the site or portion of the site has 

been reclaimed as defined in Part 8.G.3.5. 

8.G.9.2 Termination of Permit Coverage for Sites Reclaimed Before December 17, 1990. A site or 

portion of a site that was released from applicable state or federal reclamation 

requirements before December 17, 1990, or that was otherwise reclaimed before 

December 17, 1990, is no longer required to maintain coverage under this permit if the 

site or portion of the site has been reclaimed. A site or portion of a site is considered to 

have been reclaimed if: (1) stormwater runoff that comes into contact with raw 

materials, intermediate byproducts, finished products, and waste products does not 

have the potential to cause or contribute to violations of state water quality standards, 

(2) soil disturbing activities related to mining at the sites or portion of the site have been 

completed, (3) the site or portion of the site has been stabilized to minimize soil erosion, 

and (4) as appropriate depending on location, size, and the potential to contribute 

pollutants to stormwater discharges, the site or portion of the site has been 

revegetated, will be amenable to natural revegetation, or will be left in a condition 

consistent with the post-mining land use. 

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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart H – Sector H – Coal Mines and Coal Mining-Related Facilities. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.H.1 Covered Stormwater Discharges. 

The requirements in Subpart H apply to stormwater discharges associated with industrial 

activity from Coal Mines and Coal Mining-Related facilities as identified by the SIC Codes 

specified under Sector H in Table D-1 of Appendix D. 

8.H.2 Limitations on Coverage. 

8.H.2.1 Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) Not covered by this 

permit: discharges from pollutant seeps or underground drainage from inactive coal 

mines and refuse disposal areas that do not result from precipitation events, and 

discharges from floor drains in maintenance buildings and other similar drains in mining 

and preparation plant areas. 

8.H.2.2 Discharges Subject to Stormwater Effluent Guidelines. (See also Part 1.1.2.4) Not 

authorized by this permit: stormwater discharges subject to an existing effluent limitation 

guideline at 40 CFR Part 434. 

8.H.3 Definitions 

The following definitions are not intended to supersede the definitions of active and 

inactive mining facilities established by 40 CFR 122.26(b)(14)(iii). 

8.H.3.1 Mining operation - Consists of the active and temporarily inactive phases, and the 

reclamation phase, but excludes the exploration and construction phases. 

8.H.3.2 Exploration phase - Entails exploration and land disturbance activities to determine the 

financial viability of a site. The exploration phase is not considered part of “mining 

operations.” 

8.H.3.3 Construction phase - Includes the building of site access roads and removal of 

overburden and waste rock to expose mineable coal. The construction phase is not 

considered part of “mining operations.” 

8.H.3.4 Active phase - Activities including the extraction, removal or recovery of coal. For 

surface mines, this definition does not include any land where grading has returned the 

earth to a desired contour and reclamation has begun. This definition is derived from 

the definition of “active mining area” found at 40 CFR 434.11(b). The active phase is 

considered part of “mining operations.” 

8.H.3.5 Reclamation phase - Activities undertaken, in compliance with applicable mined land 

reclamation requirements, following the cessation of the “active phase”, intended to 

return the land to an appropriate post-mining land use. The reclamation phase is 

considered part of "mining operations." 

8.H.3.6 Active coal mining facility - A place where work or other activity related to the 

extraction, removal, or recovery of coal is being conducted. For surface mines, this 

definition does not include any land where grading has returned the earth to a desired 

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contour and reclamation has begun. This definition is derived from the definition of 

“active mining area” found at 40 CFR 434.11(b). 

8.H.3.7 Inactive coal mining facility - A site or portion of a site where coal mining and/or milling 

occurred in the past but is not an active facility as defined above, and where the 

inactive portion is not covered by an active mining permit issued by the applicable 

State or Federal agency. An inactive coal mining facility has an identifiable owner / 

operator. Sites where mining claims are being maintained prior to disturbances 

associated with the extraction, beneficiation, or processing of mined materials and sites 

where minimal activities are undertaken for the sole purpose of maintaining a mining 

claim are not considered either active or inactive mining facilities and do not require 

an NPDES industrial stormwater permit. 

8.H.3.8 Temporarily inactive coal mining facility - A site or portion of a site where coal mining 

and/or milling occurred in the past but currently are not being actively undertaken, 

and the facility is covered by an active mining permit issued by the applicable State or 

Federal agency. 

8.H.3.9 Final Stabilization - A site or portion of a site is “finally stabilized” when it has 

implemented all applicable Federal and State reclamation requirements. 

8.H.4 Technology-Based Effluent Limits for Clearing, Grading, and Excavation Activities. 

Clearing, grading, and excavation activities being conducted as part of the exploration 

and construction phase of mining activities are covered under this permit. During clearing, 

grading, and excavation activities you must comply with all applicable effluent limits in Part 2 of 

this permit, and you must also comply with the following effluent limits which are from the 2012 

version of EPA’s Construction General Permit (CGP). Contained in Part 8.H.4 are the basic 

requirements of EPA’s CGP, however, you should consult EPA’s CGP to ensure full compliance is 

achieved. 

8.H.4.1.1 Installation of Stormwater Controls (See Part 2.1.1.3 of EPA’s CGP) 

x By the time construction commences, stormwater controls to treat 

initial disturbance must be installed and made operational. 

x Controls must be installed along perimeter areas of site that will 

receive stormwater flow. 

x Remaining controls must be installed as soon as conditions allow 

8.H.4.1.2 Maintenance of Stormwater Controls (See Part 2.1.1.4 of EPA’s CGP) 

x At any time, if a stormwater control needs repair or replacement 

to continue operating effectively; 

o Initiate work to fix the problem immediately 

o Complete work by end of the next work day 

x If a stormwater control must be replaced or significantly repaired, 

work must be completed within 7 days, unless infeasible 

8.H.4.1.3 Natural Buffers (See Part 2.1.2.1 and Appendix G of EPA’s CGP). If earth 

disturbances will occur within 50 feet of a water of the U.S., additional 

protections apply. You must comply with 1 of 3 compliance alternatives: 

1. Provide a 50-foot undisturbed natural buffer between construction 

disturbances and the water of the U.S.; or 

2. Provide an undisturbed natural buffer that is less than 50 feet 

supplemented by additional erosion and sediment controls, which 

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in combination, achieve a sediment load reduction that is 

equivalent to a 50-foot buffer; or 

3. If it is infeasible to provide an undisturbed natural buffer of any size, 

implement erosion and sediment controls that achieve a sediment 

load reduction that is equivalent to a 50-foot buffer. 

There are exceptions when buffer requirements don’t apply: 

1. There is no stormwater discharge from construction disturbances to 

the water of the U.S.; 

2. The natural buffer has already been eliminated by preexisting 

development disturbances; or 

3. The disturbance is for the construction of a water-dependent 

structure (pier, boat ramp) or construction approved under a CWA 

section 404 permit. 

8.H.4.1.4 Sediment Discharge Controls (See Parts 2.1.2.2 – 2.1.3.3 of EPA’s CGP) 

Perimeter controls: 

x Install sediment controls along those perimeter areas of your site that 

will receive stormwater; and 

x Remove sediment before it has accumulated to one-half of the 

above-ground height of any perimeter control. 

Sediment track-out: 

x Restrict vehicle use to designated exit points; 

x Use appropriate stabilization techniques; and 

x Remove tracked-out sediment by end of the work day. 

Soil or sediment stockpiles: 

x Locate the piles outside of any natural buffers established under Part 

8.H.4.1.3; 

x Protect from contact with stormwater runoff using temporary barriers; 

and 

x Provide cover or appropriate temporary stabilization, where 

practicable. 

Storm drain inlets: 

x Install inlet protection measures (at sewer inlets that you can access) 

that remove sediment prior to discharge into storm drain 

x Can be removed in the event of flood conditions or to prevent 

erosion; and 

x Clean, or remove and replace, the protection measures as sediment 

accumulates, the filter becomes clogged, and/or performance is 

compromised 

Sediment basins 

x Provide storage for either (1) the 2-year, 24-hour storm, or (2) 3,600 

cubic feet per acre drained; and 

x Utilize outlet structures that withdraw water from surface, unless 

infeasible. 

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x Prevent erosion of (1) the sediment basin using stabilization controls 

(e.g., erosion control blankets), and (2) the inlet and outlet using 

erosion controls and velocity dissipation devices; and 

x Locate sediment basins outside any natural buffers established under 

Part 8.H.4.1.3. 

Other related requirements: 

x Minimize amount of soil exposed at any one time during construction 

x Minimize steep slope disturbances 

x Minimize soil compaction 

x Direct stormwater to the site’s vegetated areas unless infeasible 

8.H.4.1.5 Restrictions on Use of Treatment Chemicals (See Part 2.1.3.3 of EPA’s CGP). 

If you will use treatment chemicals at your site, you are subject to the 

following minimum requirements: 

x Use conventional E&S controls prior to and after application of 

chemical; 

x Select chemicals suited to soil type, and expected turbidity, pH, flow 

rate; 

x Minimize discharge risk from stored chemicals; 

x Apply in accordance with state/local requirements, good engineering 

practices, and dosage recommendations of chemical supplier; and 

x Ensure proper training. 

The use of cationic treatment chemicals is not allowed under the MSGP 

unless EPA specifically authorizes its use: 

x You will need to contact the applicable EPA Regional Office if you 

intend to use cationic treatment chemicals at your site to determine 

what information EPA requires to evaluate your request; and 

x Use of cationic chemicals will likely be subject to additional 

requirements to ensure protection of water quality standards. 

8.H.4.1.6 Site Stabilization (See Part 2.2 of EPA’s CGP) 

When to initiate stabilization: 

x By no later than the end of the next work day after construction work 

in an area has stopped permanently or temporarily 

When stabilization must be completed: 

x If using vegetative measures, by no later than 14 days after initiating 

stabilization, the operator must: 

o Seed or plant the area, and provide temporary cover to 

protect planted area; and 

o Once established, vegetation must cover at least 70% of 

stabilized area based on density of native vegetation. 

x If using non-vegetative stabilization, by no later than 14 days after 

initiating stabilization, the operator must: 

o Install or apply all non-vegetative measures; and 

o Cover all areas of exposed soil. 

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Exceptions: 

x Arid, semi-arid (if construction occurs during seasonally dry period), or 

drought-stricken areas: 

o Within 14 days of stopping construction work in an area, install 

any necessary non-vegetative stabilization measures; 

o Initiate vegetative stabilization as soon conditions on the site 

allow; 

o Document the schedule that will be followed for initiating and 

completing vegetative stabilization; and 

o Area must be planted so that within 3 years 70% cover 

requirement is met. 

x Sites affected by severe storm events or other unforeseen 

circumstances: 

o Initiate vegetative stabilization as soon conditions on the site 

allow; 

o Document the schedule that will be followed for initiating and 

completing vegetative stabilization; and 

o Area must be planted so that within 3 years 70% cover 

requirement is met. 

8.H.4.2 Pollution Prevention Requirements (See Part 2.3 of EPA’s CGP) 

8.H.4.2.1 Prohibited Non-Stormwater Discharges: 

x Wastewater from washout of concrete, unless managed by an 

appropriate control; 

x Wastewater from washout and cleanout of stucco, paint, form release 

oils, curing compounds, and other construction materials, unless 

managed by an appropriate control; 

x Fuels, oils, or other pollutants used for O&M of vehicles or equipment; 

x Soaps or solvents used in vehicle or equipment washing; and 

x Toxic or hazardous substances from a spill or other release 

8.H.4.2.2 Design and Location Requirements: 

x Use effective means of preventing discharge from pollution sources: 

o Minimize exposure; or 

o Use secondary containment or equivalent measures; or 

o Provide spill kits. 

x Use leak-proof containers for all chemicals: 

o Locate away from surface waters, storm sewer inlets, and 

drainageways; and 

o Clean up spills immediately – do not clean by hosing area 

down 

8.H.4.3 Water-Quality Requirements 

Stricter requirements apply if your site will discharge to an impaired water or a water 

that is identified by your state, tribe, or EPA as a Tier 2 or Tier 2.5 for antidegradation 

purposes: 

x More rapid stabilization of exposed areas: 

o Complete initial stabilization activities within 7 days of stopping 

construction work. 

x More frequent site inspections: 

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o Once every 7 days and within 24 hours of a storm event of 0.25 inches 

or greater. 

8.H.4.4 Inspection Requirements (See Part 4.1 of EPA’s CGP) 

8.H.4.4.1 Inspection Frequency 

x At least once every 7 calendar days, or 

x Once every 14 calendar days and within 24 hours of a storm event of 0.25 

inches or greater. Note: 

o Inspections only required during working hours; 

o Inspections not required during unsafe conditions; and 

o If you choose to inspect once every 14 days, you must have a method 

for measuring rainfall amount on site (either rain gauge or 

representative weather station) 

8.H.4.4.2 Reductions in Inspection Frequency 

x Stabilized areas: You may reduce the frequency of inspections to once 

per month in any area of your site where the stabilization as occurred 

pursuant to Part 8.H.4.1.6. 

x Arid, semi-arid, and drought stricken areas: if construction is occurring during 

the seasonally dry period or during a period in which drought is predicted to 

occur, you may reduce inspections to once per month and within 24 hours of 

a 0.25 inch storm event. 

x Frozen conditions: You may temporarily suspend or reduce inspections (to 

once per month) until thawing conditions occur if frozen conditions are 

continuous and disturbed areas have been stabilized. 

8.H.4.4.3 Areas to be Inspected: 

You must at a minimum inspect the following areas: 

x All disturbed areas; 

x All stormwater controls and pollution prevention measures; 

x All locations where stabilization measures have been implemented; 

x Material, waste, borrow, or equipment storage and maintenance areas; 

x All areas where stormwater flows; and 

x All points of discharge. 

8.H.4.4.4 What to Check for During Inspections 

At a minimum you must check: 

x Whether all stormwater controls are installed, operational, and working as 

intended; 

x If any new or modified stormwater controls are needed; 

x Conditions that could lead to a spill or leak; and 

x Visual signs of erosion/sedimentation at points of discharge. 

If a discharge is occurring: 

x The quality and characteristics of the discharge; and 

x Whether controls are operating effectively 

8.H.4.4.5 Inspection Report 

Within 24 hours of an inspection, complete a report that includes: 

x Inspection date; 

x Name and title of inspector(s); 

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x Summary of inspection findings ; 

x Rainfall amount that triggered the inspection (if applicable); 

x If it was unsafe to inspect a portion of the site, include documentation of the 

reason and the location(s;) 

x Each inspection report must be signed; and 

x Must keep a current copy of all reports at the site or at an easily accessible 

location. 

8.H.5 Additional Technology-Based Effluent Limits. 

8.H.5.1 Good Housekeeping Measures. (See also Part 2.1.2.2) As part of your good 

housekeeping program, use sweepers and covered storage, watering haul roads to 

minimize dust generation, and conserving vegetation to minimize erosion where 

practicable. 

8.H.5.2 Preventive Maintenance. (See also Part 2.1.2.3) Perform inspections or other equivalent 

measures of storage tanks and pressure lines of fuels, lubricants, hydraulic fluid, and 

slurry to prevent leaks due to deterioration or faulty connections. 

8.H.6 Additional SWPPP Requirements. 

8.H.6.1 Other Applicable Regulations. Most active coal mining-related areas (SIC Codes 1221-

1241) are subject to sediment and erosion control regulations of the U.S. Office of 

Surface Mining (OSM) that enforces the Surface Mining Control and Reclamation Act 

(SMCRA). OSM has granted authority to most coal-producing states to implement 

SMCRA through State SMCRA regulations. All SMCRA requirements regarding control of 

stormwater-related pollutant discharges must be addressed and then documented 

with the SWPPP (directly or by reference). 

8.H.6.2 Site Map. (See also Part 5.2.2) Document in your SWPPP where any of the following may 

be exposed to precipitation or surface runoff: haul and access roads; railroad spurs, 

sliding, and internal hauling lines; conveyor belts, chutes, and aerial tramways; 

equipment storage and maintenance yards; coal handling buildings and structures; 

and inactive mines and related areas; acidic spoil, refuse, or unreclaimed disturbed 

areas; and liquid storage tanks containing pollutants such as caustics, hydraulic fluids, 

and lubricants. 

8.H.6.3 Potential Pollutant Sources. (See also Part 5.2.3) Document in your SWPPP the following 

sources and activities that have potential pollutants associated with them: truck traffic 

on haul roads and resulting generation of sediment subject to runoff and dust 

generation; fuel or other liquid storage; pressure lines containing slurry, hydraulic fluid, or 

other potential harmful liquids; and loading or temporary storage of acidic refuse or 

spoil. 

8.H.7 Additional Inspection Requirements. 

8.H.7.1 Inspections of Active Mining-Related Areas. (See also Part 3) Except for areas of the site 

subject to clearing, grading, and/or excavation activities conducted as part of the 

exploration and construction phase, which are subject to Part 8.H.4.2.4, perform routine 

inspections of active mining areas covered by this permit, corresponding with the 

inspections as performed by SMCRA inspectors, of all mining-related areas required by 

SMCRA. Also maintain the records of the SMCRA authority representative. See Part 

8.H.8.1 for inspection requirements for inactive and unstaffed sties. 

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8.H.7.2 Sediment and Erosion Control. (See also Part 2.1.2.5) As indicated in Part 8.H.6.1, SMCRA 

requirements regarding sediment and erosion control measures must be complied with 

for those areas subject to SMCRA authority, including inspection requirements. 

8.H.7.3 Routine Site Inspections. (See also Part 3.1) Your inspection program must include 

inspections for pollutants entering the drainage system from activities located on or 

near coal mining-related areas. Among the areas to be inspected are haul and access 

roads; railroad spurs, sliding, and internal hauling lines; conveyor belts, chutes, and 

aerial tramways; equipment storage and maintenance yards; coal handling buildings 

and structures; and inactive mines and related areas. 

8.H.8 Sector-Specific Benchmarks. 

Table 8.H-1 identifies benchmarks that apply to the specific subsectors of Sector H. These 

benchmarks apply to both your primary industrial activity and any co-located industrial 

activities. 

Table 8.H-1. 

Subsector 

(You may be subject to requirements for 

more than one sector/subsector) 

Parameter 

Benchmark 

Monitoring 

Concentration 

Subsector H1. Coal Mines and Related 

Areas 

(SIC 1221-1241) 

Total Aluminum 0.75 mg/L 

Total Iron 1.0 mg/L 

Total Suspended Solids (TSS) 100 mg/L 

8.H.8.1 Inactive and Unstaffed Sites – Conditional Exemption from No Exposure Requirement for 

Routine Inspections, Quarterly Visual Assessments, and Benchmark Monitoring. As a 

Sector H facility, if you are seeking to exercise a waiver from either the quarterly visual 

assessment or the benchmark monitoring requirements for inactive and unstaffed sites 

(including temporarily inactive sites), you are conditionally exempt from the 

requirement to certify that “there are no industrial materials or activities exposed to 

stormwater” in Parts 3.3.3 and 6.2.1.3, respectively. Additionally, if you are seeking to 

reduce your required routine inspection frequency, as is allowed under Part 3.1.1, you 

are also conditionally exempt from the requirement to certify that “there are no 

industrial materials or activities exposed to stormwater.” These conditional exemptions 

are based on the following requirements: 

x If circumstances change and your facility becomes active and/or staffed, this 

exception no longer applies and you must immediately begin complying with the 

applicable benchmark monitoring requirements as if you were in your first year of 

permit coverage, and the quarterly visual assessment requirements; and 

x EPA retains the authority to revoke this exemption and/or the monitoring waiver 

where it is determined that the discharge causes, has a reasonable potential to 

cause or contribute to an instream excursion above an applicable water quality 

standard, including designated uses. 

Subject to the two conditions above, if your facility is inactive and unstaffed, you are 

waived from the requirement to conduct quarterly visual assessments and routine 

facility inspections. You must still do an annual site inspection in accordance with Part 

3.1. You are encouraged to inspect your site more frequently where you have reason 

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to believe that severe weather or natural disasters may have damaged control 

measures or increased discharges. 

8.H.9 Termination of Permit Coverage 

8.H.9.1 Termination of Permit Coverage for Sites Reclaimed After December 17, 1990. A site or 

a portion of a site that has been released from applicable state or federal reclamation 

requirements after December 17, 1990, is no longer required to maintain coverage 

under this permit. If the site or portion of a site reclaimed after December 17, 1990, was 

not subject to reclamation requirements, the site or portion of the site is no longer 

required to maintain coverage under this permit if the site or portion of the site has 

been reclaimed as defined in Part 8.H.3.5. 

8.H.9.2 Termination of Permit Coverage for Sites Reclaimed Before December 17, 1990. A site or 

portion of a site that was released from applicable state or federal reclamation 

requirements before December 17, 1990, or that was otherwise reclaimed before 

December 17, 1990, is no longer required to maintain coverage under this permit if the 

site or portion of the site has been reclaimed. A site or portion of a site is considered to 

have been reclaimed if: (1) stormwater runoff that comes into contact with raw 

materials, intermediate byproducts, finished products, and waste products does not 

have the potential to cause or contribute to violations of state water quality standards, 

(2) soil disturbing activities related to mining at the sites or portion of the site have been 

completed, (3) the site or portion of the site has been stabilized to minimize soil erosion, 

and (4) as appropriate depending on location, size, and the potential to contribute 

pollutants to stormwater discharges, the site or portion of the site has been 

revegetated, will be amenable to natural revegetation, or will be left in a condition 

consistent with the post-mining land use. 

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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart I – Sector I – Oil and Gas Extraction. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.I.1 Covered Stormwater Discharges. 

The requirements in Subpart I apply to stormwater discharges associated with industrial 

activity from Oil and Gas Extraction facilities as identified by the SIC Codes specified under 

Sector I in Table D-1 of Appendix D of the permit. 

8.I.1.1 Discharges of stormwater runoff from field activities or operations associated with oil and 

gas exploration, production, processing, or treatment operations or transmission facilities 

are exempt from NPDES permit coverage unless, in accordance with 40 CFR 

122.26(c)(1)(iii), the facility: 

x Has had a discharge of stormwater resulting in the discharge of a reportable 

quantity for which notification is or was required pursuant to 40 CFR 117.21 or 40 

CFR 302.6 at anytime since November 16, 1987; or 

x Has had a discharge of stormwater resulting in the discharge of a reportable 

quantity for which notification is or was required pursuant to 40 CFR 110.6 at any 

time since November 16, 1987; or 

x Contributes to a violation of a water quality standard. 

Any stormwater discharges that require permit coverage as a result of meeting one of 

the conditions of 122.26(c)(1)(iii) may be covered under this permit unless otherwise 

required to obtain coverage under an alternative NPDES general permit or an individual 

NPDES permit as specified in Part 1.6.1. 

8.I.2 Limitations on Coverage. 

8.I.2.1 Stormwater Discharges Subject to Effluent Limitation Guidelines. (See also Part 1.1.4.5) 

This permit does not authorize stormwater discharges from petroleum drilling operations 

that are subject to nationally established effluent limitation guidelines found at 40 CFR 

Part 435, respectively. 

8.I.2.2 Non-Stormwater Discharges. Discharges of vehicle and equipment washwater, 

including tank cleaning operations, are not authorized by this permit. Alternatively, 

washwater discharges must be authorized under a separate NPDES permit, or be 

discharged to a sanitary sewer in accordance with applicable industrial pretreatment 

requirements. 

8.I.3 Additional Technology-Based Effluent Limits. 

8.I.3.1 Vegetative Controls. Implement vegetative practices designed to preserve existing 

vegetation, where attainable, and revegetate open areas as soon as practicable after 

grade drilling. Implement appropriate vegetative practices, such as the following (or 

equivalent measures): temporary or permanent seeding, mulching, sod stabilization, 

vegetative buffer strips, and tree protection practices. Begin implementing appropriate 

vegetative practices on all disturbed areas within 14 days following the last activity in 

that area. 

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8.I.4 Additional SWPPP Requirements. 

8.I.4.1 Drainage Area Site Map. (See also Part 5.2.2) Document in your SWPPP where any of 

the following may be exposed to precipitation or surface runoff: Reportable Quantity 

(RQ) releases; locations used for the treatment, storage, or disposal of wastes; 

processing areas and storage areas; chemical mixing areas; construction and drilling 

areas; all areas subject to the effluent guidelines requirements for “No Discharge” in 

accordance with 40 CFR 435.32; and the structural controls to achieve compliance 

with the “No Discharge” requirements. 

8.I.4.2 Potential Pollutant Sources. (See also Part 5.2.3) Also document in your SWPPP the 

following sources and activities that have potential pollutants associated with them: 

chemical, cement, mud, or gel mixing activities; drilling or mining activities; and 

equipment cleaning and rehabilitation activities. In addition, include information about 

the reportable quantity (RQ) release that triggered the permit application requirements: 

the nature of the release (e.g., spill of oil from a drum storage area), amount of oil or 

hazardous substance released, amount of substance recovered, date of the release, 

cause of the release (e.g., poor handling techniques and lack of containment in the 

area), areas affected by the release (i.e., land and water), procedure to clean up 

release, actions or procedures implemented to prevent or improve response to a release, 

and remaining potential contamination of stormwater from release (taking into account 

human health risks, the control of drinking water intakes, and the designated uses of the 

receiving water). 

8.I.4.3 Erosion and Sedimentation Control. (See also Part 2.1.2.5) Unless covered by EPA’s 

Construction General Permit (CGP), the additional documentation requirements for 

sediment and erosion controls for well drillings and sand/shale mining areas include the 

following: 

8.I.4.3.1 Site Description. Also include a description in your SWPPP of the nature of the 

exploration activity, estimates of the total area of site and area disturbed due 

to exploration activity, an estimate of runoff coefficient of the site, a site 

drainage map, including approximate slopes, and the names of all receiving 

waters. 

8.I.4.3.2 Vegetative Controls. Document vegetative practices used consistent with 

Part 8.I.3.1 in the SWPPP. 

8.I.5 Additional Inspection Requirements. 

All erosion and sedimentation control measures must be inspected either: 1) every 7 

days; or 2) once every 14 calendar days and within 24 hours of a storm event of 0.25 inches or 

greater. 

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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart J – Sector J – Non-Metallic Mineral Mining and Dressing. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.J.1 Covered Stormwater Discharges. 

The requirements in Subpart J apply to stormwater discharges associated with industrial 

activity from Active and Inactive Non-Metallic Mineral Mining and Dressing facilities as identified 

by the SIC Codes specified under Sector J in Table D-1 of Appendix D of the permit. 

8.J.1.1 Covered Discharges from Inactive Facilities. All stormwater discharges. 

8.J.1.2 Covered Discharges from Active and Temporarily Inactive Facilities. All stormwater 

discharges, except for most stormwater discharges subject to the existing effluent 

limitation guideline at 40 CFR Part 436. Mine dewatering discharges composed entirely 

of stormwater or uncontaminated ground water seepage from: construction sand and 

gravel, industrial sand, and crushed stone mining facilities in Regions 1, 2, 3, 6, 9, and 10 

are covered by this permit. 

8.J.1.3 Covered Discharges from Exploration and Construction of Non-Metallic Mineral Mining 

Facilities. All stormwater discharges. 

8.J.1.4 Covered Discharges from Sites Undergoing Reclamation. All stormwater discharges. 

8.J.2 Limitations on Coverage. 

Most stormwater discharges subject to an existing effluent limitation guideline at 40 CFR 

Part 436 are not authorized by this permit. The exceptions to this limitation, which are covered by 

this permit, are mine dewatering discharges composed entirely of stormwater or 

uncontaminated ground water seepage from construction sand and gravel, industrial sand, and 

crushed stone mining facilities in Regions 1, 2, 3, 6, 9, and 10. 

8.J.3 Definitions. 

The following definitions are not intended to supersede the definitions of active and 

inactive mining facilities established by 40 CFR 122.26(b)(14)(iii). 

8.J.3.1 Mining operations - Consists of the active and temporarily inactive phases, and the 

reclamation phase, but excludes the exploration and construction phases. 

8.J.3.2 Exploration phase - Entails exploration and land disturbance activities to determine the 

financial viability of a site. The exploration phase is not considered part of “mining 

operations.” 

8.J.3.3 Construction phase - Includes the building of site access roads and removal of 

overburden and waste rock to expose mineable minerals. The construction phase is 

not considered part of “mining operations”. 

8.J.3.4 Active phase - Activities including the extraction, removal or recovery of minerals. For 

surface mines, this definition does not include any land where grading has returned the 

earth to a desired contour and reclamation has begun. This definition is derived from 

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the definition of “active mining area” found at 40 CFR 440.132(a). The active phase is 

considered part of “mining operations.” 

8.J.3.5 Reclamation phase - Activities undertaken, in compliance with applicable mined land 

reclamation requirements, following the cessation of the “active phase”, intended to 

return the land to an appropriate post-mining land use. The reclamation phase is 

considered part of "mining operations". 

NOTE: The following definitions are not intended to supersede the definitions of active 

and inactive mining facilities established by 40 CFR 122.26(b)(14)(iii). 

8.J.3.6 Active Mineral Mining Facility - A place where work or other activity related to the 

extraction, removal, or recovery of minerals is being conducted. For surface mines, this 

definition does not include any land where grading has returned the earth to a desired 

contour and reclamation has begun. This definition is derived from the definition of 

“active mining area” found at 40 CFR 440.132(a). 

8.J.3.7 Inactive Mineral Mining Facility - A site or portion of a site where mineral mining and/or 

milling occurred in the past but is not an active facility as defined above, and where 

the inactive portion is not covered by an active mining permit issued by the applicable 

State or Federal agency. An inactive mineral mining facility has an identifiable owner / 

operator. Sites where mining claims are being maintained prior to disturbances 

associated with the extraction, beneficiation, or processing of mined materials, and 

sites where minimal activities are undertaken for the sole purpose of maintaining a 

mining claim are not considered either active or inactive mining facilities and do not 

require an NPDES industrial stormwater permit. 

8.J.3.8 Temporarily Inactive Mineral Mining Facility - A site or portion of a site where metal 

mining and/or milling occurred in the past but currently are not being actively 

undertaken, and the facility is covered by an active mining permit issued by the 

applicable State or Federal agency. 

8.J.3.9 Final Stabilization - a site or portion of a site is “finally stabilized” when it has 

implemented all applicable Federal and State reclamation requirements. 

8.J.3.10 Uncontaminated - Free from the presence of pollutants attributable to industrial 

activity. 

8.J.4 Technology-Based Effluent Limits for Clearing, Grading, and Excavation Activities. 

Clearing, grading, and excavation activities being conducted as part of the exploration 

and construction phase of mining activities are covered under this permit. During clearing, 

grading, and excavation activities you must comply with all applicable effluent limits in Part 2 of 

this permit, and you must also comply with the following effluent limits which are from the 2012 

version of EPA’s Construction General Permit (CGP). Contained in Part 8.J.4 are the basic 

requirements of EPA’s CGP, however, you should consult EPA’s CGP to ensure full compliance is 

achieved. 

8.J.4.1.1 Installation of Stormwater Controls (See Part 2.1.1.3 of EPA’s CGP) 

x By the time construction commences, stormwater controls to treat 

initial disturbance must be installed and made operational. 

x Controls must be installed along perimeter areas of site that will 

receive stormwater flow. 

x Remaining controls must be installed as soon as conditions allow 

8.J.4.1.2 Maintenance of Stormwater Controls (See Part 2.1.1.4 of EPA’s CGP) 

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x At any time, if a stormwater control needs repair or replacement 

to continue operating effectively; 

o Initiate work to fix the problem immediately 

o Complete work by end of the next work day 

x If a stormwater control must be replaced or significantly repaired, 

work must be completed within 7 days, unless infeasible 

8.J.4.1.3 Natural Buffers (See Part 2.1.2.1 and Appendix G of EPA’s CGP). If earth 

disturbances will occur within 50 feet of a water of the U.S., additional 

protections apply. You must comply with 1 of 3 compliance alternatives: 

4. Provide a 50-foot undisturbed natural buffer between construction 

disturbances and the water of the U.S.; or 

5. Provide an undisturbed natural buffer that is less than 50 feet 

supplemented by additional erosion and sediment controls, which 

in combination, achieve a sediment load reduction that is 

equivalent to a 50-foot buffer; or 

6. If it is infeasible to provide an undisturbed natural buffer of any size, 

implement erosion and sediment controls that achieve a sediment 

load reduction that is equivalent to a 50-foot buffer. 

There are exceptions when buffer requirements don’t apply: 

4. There is no stormwater discharge from construction disturbances to 

the water of the U.S.; 

5. The natural buffer has already been eliminated by preexisting 

development disturbances; or 

6. The disturbance is for the construction of a water-dependent 

structure (pier, boat ramp) or construction approved under a CWA 

section 404 permit. 

8.J.4.1.4 Sediment Discharge Controls (See Parts 2.1.2.2 – 2.1.3.3 of EPA’s CGP) 

Perimeter controls: 

x Install sediment controls along those perimeter areas of your site that 

will receive stormwater; and 

x Remove sediment before it has accumulated to one-half of the 

above-ground height of any perimeter control. 

Sediment track-out: 

x Restrict vehicle use to designated exit points; 

x Use appropriate stabilization techniques; and 

x Remove tracked-out sediment by end of the work day. 

Soil or sediment stockpiles: 

x Locate the piles outside of any natural buffers established under Part 

8.G.4.1.3; 

x Protect from contact with stormwater runoff using temporary barriers; 

and 

x Provide cover or appropriate temporary stabilization, where 

practicable. 

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Storm drain inlets: 

x Install inlet protection measures (at sewer inlets that you can access) 

that remove sediment prior to discharge into storm drain 

x Can be removed in the event of flood conditions or to prevent 

erosion; and 

x Clean, or remove and replace, the protection measures as sediment 

accumulates, the filter becomes clogged, and/or performance is 

compromised 

Sediment basins 

x Provide storage for either (1) the 2-year, 24-hour storm, or (2) 3,600 

cubic feet per acre drained; and 

x Utilize outlet structures that withdraw water from surface, unless 

infeasible. 

x Prevent erosion of (1) the sediment basin using stabilization controls 

(e.g., erosion control blankets), and (2) the inlet and outlet using 

erosion controls and velocity dissipation devices; and 

x Locate sediment basins outside any natural buffers established under 

Part 8.J.4.1.3. 

Other related requirements: 

x Minimize amount of soil exposed at any one time during construction 

x Minimize steep slope disturbances 

x Minimize soil compaction 

x Direct stormwater to the site’s vegetated areas unless infeasible 

8.J.4.1.5 Restrictions on Use of Treatment Chemicals (See Part 2.1.3.3 of EPA’s CGP). 

If you will use treatment chemicals at your site, you are subject to the 

following minimum requirements: 

x Use conventional E&S controls prior to and after application of 

chemical; 

x Select chemicals suited to soil type, and expected turbidity, pH, flow 

rate; 

x Minimize discharge risk from stored chemicals; 

x Apply in accordance with state/local requirements, good engineering 

practices, and dosage recommendations of chemical supplier; and 

x Ensure proper training. 

The use of cationic treatment chemicals is not allowed under the MSGP 

unless EPA specifically authorizes its use: 

x You will need to contact the applicable EPA Regional Office if you 

intend to use cationic treatment chemicals at your site to determine 

what information EPA requires to evaluate your request; and 

x Use of cationic chemicals will likely be subject to additional 

requirements to ensure protection of water quality standards. 

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8.J.4.1.6 Site Stabilization (See Part 2.2 of EPA’s CGP) 

When to initiate stabilization: 

x By no later than the end of the next work day after construction work 

in an area has stopped permanently or temporarily 

When stabilization must be completed: 

x If using vegetative measures, by no later than 14 days after initiating 

stabilization, the operator must: 

o Seed or plant the area, and provide temporary cover to 

protect planted area; and 

o Once established, vegetation must cover at least 70% of 

stabilized area based on density of native vegetation. 

x If using non-vegetative stabilization, by no later than 14 days after 

initiating stabilization, the operator must: 

o Install or apply all non-vegetative measures; and 

o Cover all areas of exposed soil. 

Exceptions: 

x Arid, semi-arid (if construction occurs during seasonally dry period), or 

drought-stricken areas: 

o Within 14 days of stopping construction work in an area, install 

any necessary non-vegetative stabilization measures; 

o Initiate vegetative stabilization as soon conditions on the site 

allow; 

o Document the schedule that will be followed for initiating and 

completing vegetative stabilization; and 

o Area must be planted so that within 3 years 70% cover 

requirement is met. 

x Sites affected by severe storm events or other unforeseen 

circumstances: 

o Initiate vegetative stabilization as soon conditions on the site 

allow; 

o Document the schedule that will be followed for initiating and 

completing vegetative stabilization; and 

o Area must be planted so that within 3 years 70% cover 

requirement is met. 

8.J.4.2 Pollution Prevention Requirements (See Part 2.3 of EPA’s CGP) 

8.J.4.2.1 Prohibited Non-Stormwater Discharges: 

x Wastewater from washout of concrete, unless managed by an 

appropriate control; 

x Wastewater from washout and cleanout of stucco, paint, form release 

oils, curing compounds, and other construction materials, unless 

managed by an appropriate control; 

x Fuels, oils, or other pollutants used for O&M of vehicles or equipment; 

x Soaps or solvents used in vehicle or equipment washing; and 

x Toxic or hazardous substances from a spill or other release 

8.J.4.2.2 Design and Location Requirements: 

x Use effective means of preventing discharge from pollution sources: 

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o Minimize exposure; or 

o Use secondary containment or equivalent measures; or 

o Provide spill kits. 

x Use leak-proof containers for all chemicals: 

o Locate away from surface waters, storm sewer inlets, and 

drainageways; and 

o Clean up spills immediately – do not clean by hosing area 

down 

8.J.4.3 Water-Quality Requirements 

Stricter requirements apply if your site will discharge to an impaired water or a water 

that is identified by your state, tribe, or EPA as a Tier 2 or Tier 2.5 for antidegradation 

purposes: 

x More rapid stabilization of exposed areas: 

o Complete initial stabilization activities within 7 days of stopping 

construction work. 

x More frequent site inspections: 

o Once every 7 days and within 24 hours of a storm event of 0.25 inches 

or greater. 

8.J.4.4 Inspection Requirements (See Part 4.1 of EPA’s CGP) 

8.J.4.4.1 Inspection Frequency 

x At least once every 7 calendar days; or 

x Once every 14 calendar days and within 24 hours of a storm event of 0.25 

inches or greater. 

x Note: 

o Inspections only required during working hours; 

o Inspections not required during unsafe conditions; and 

o If you choose to inspect once every 14 days, you must have a method 

for measuring rainfall amount on site (either rain gauge or 

representative weather station) 

8.J.4.4.2 Reductions in Inspection Frequency 

x Stabilized areas: You may reduce the frequency of inspections to once per 

month in any area of your site where the stabilization as occurred pursuant to 

Part 8.J.4.1.6. 

x Arid, semi-arid, and drought stricken areas: if construction is occurring during 

the seasonally dry period or during a period in which drought is predicted to 

occur, you may reduce inspections to once per month and within 24 hours of 

a 0.25 inch storm event. 

x Frozen conditions: You may temporarily suspend or reduce inspections (to 

once per month) until thawing conditions occur if frozen conditions are 

continuous and disturbed areas have been stabilized. 

8.J.4.4.3 Areas to be Inspected: 

You must at a minimum inspect the following areas: 

x All disturbed areas; 

x All stormwater controls and pollution prevention measures; 

x All locations where stabilization measures have been implemented; 

x Material, waste, borrow, or equipment storage and maintenance areas; 

x All areas where stormwater flows; and 

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x All points of discharge. 

8.J.4.4.4 What to Check for During Inspections 

At a minimum you must check: 

x Whether all stormwater controls are installed, operational, and working as 

intended; 

x If any new or modified stormwater controls are needed; 

x Conditions that could lead to a spill or leak; and 

x Visual signs of erosion/sedimentation at points of discharge. 

If a discharge is occurring: 

x The quality and characteristics of the discharge; and 

x Whether controls are operating effectively 

8.J.4.4.5 Inspection Report 

Within 24 hours of an inspection, complete a report that includes: 

x Inspection date; 

x Name and title of inspector(s); 

x Summary of inspection findings ; 

x Rainfall amount that triggered the inspection (if applicable); 

x If it was unsafe to inspect a portion of the site, include documentation of the 

reason and the location(s); 

x Each inspection report must be signed; and 

x Must keep a current copy of all reports at the site or at an easily accessible 

location. 

8.J.5 Additional Technology-Based Effluent Limits. 

8.J.5.1 Employee Training. Conduct employee training at least annually at active and 

temporarily inactive sites. (See also Part 2.1.2.8). 

8.J.5.2 Stormwater Controls. Apart from the control measures you implement to meet your Part 

2 effluent limits, where necessary to minimize pollutant discharges, implement the 

following control measures at your site. The potential pollutants identified in Part 8.J.5.3 

shall determine the priority and appropriateness of the control measures selected. 

8.J.5.2.1 Stormwater Diversions: Divert stormwater away from potential pollutant 

sources where practicable. The following are some control measure options: 

interceptor or diversion controls (e.g., dikes, swales, curbs, or berms); pipe 

slope drains; subsurface drains; conveyance systems (e.g., channels or 

gutters, open-top box culverts, and waterbars; rolling dips and road sloping; 

roadway surface water deflector and culverts); or their equivalents. 

8.J.5.2.2 Capping: When capping is necessary to minimize pollutant discharges in 

stormwater, identify the source being capped and the material used to 

construct the cap. 

8.J.5.2.3 Treatment: If treatment of stormwater (e.g., chemical or physical systems, oil 

and water separators, artificial wetlands) is necessary to protect water quality, 

describe the type and location of treatment used. Passive and/or active 

treatment of stormwater runoff is encouraged. Treated runoff may be 

discharged as a stormwater source regulated under this permit provided the 

discharge is not combined with discharges subject to effluent limitation 

guidelines for the Mineral Mining and Processing Point Source Category (40 

CFR Part 436). 

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8.J.5.3 Discharge Testing: (See also Part 5.2.4.4) Test or evaluate all outfalls covered under this 

permit for the presence of specific mining-related non-stormwater discharges such as 

discharges subject to effluent limitations guidelines (e.g., 40 CFR Part 436). Alternatively 

(if applicable), you may keep a certification with your SWPPP, per Part 8.J.6.5. 

8.J.6 Additional SWPPP Requirements. 

The requirements in Part 8.J.6 are applicable for sites undergoing exploration and 

construction, active mineral mining facilities, temporarily inactive mineral mining facilities, and 

sites undergoing reclamation. The requirements in Part 8.J.6 are not applicable to inactive 

mineral mining facilities. 

8.J.6.1 Nature of Industrial Activities. (See also Part 5.2.2) Document in your SWPPP the mining 

and associated activities that can potentially affect the stormwater discharges 

covered by this permit, including a general description of the location of the site 

relative to major transportation routes and communities. 

8.J.6.2 Site Map. (See also Part 5.2.2) Document in your SWPPP the locations of the following 

(as appropriate): mining or milling site boundaries; access and haul roads; outline of the 

drainage areas of each stormwater outfall within the facility with indications of the 

types of discharges from the drainage areas; location(s) of all permitted discharges 

covered under an individual NPDES permit, outdoor equipment storage, fueling, and 

maintenance areas; materials handling areas; outdoor manufacturing, outdoor 

storage, and material disposal areas; outdoor chemicals and explosives storage areas; 

overburden, materials, soils, or waste storage areas; location of mine drainage 

dewatering or other process water; heap leach pads; off-site points of discharge for 

mine dewatering and process water; surface waters; boundary of tributary areas that 

are subject to effluent limitations guidelines; and location(s) of reclaimed areas.

8.J.6.3 Potential Pollutant Sources. (See also Part 5.2.3) For each area of the mine or mill site 

where stormwater discharges associated with industrial activities occur, document in 

your SWPPP the types of pollutants (e.g., heavy metals, sediment) likely to be present in 

significant amounts. For example, phosphate mining facilities will likely need to 

document pollutants such as selenium, which can be present in significant amounts in 

their discharges. Consider these factors: the mineralogy of the waste rock (e.g., acid 

forming); toxicity and quantity of chemicals used, produced, or discharged; the 

likelihood of contact with stormwater; vegetation of site (if any); and history of 

significant leaks or spills of toxic or hazardous pollutants. Also include a summary of any 

existing waste rock or overburden characterization data and test results for potential 

generation of acid rock drainage. 

8.J.6.4 Stormwater Controls. To the extent that you use any of the control measures in Part 

8.J.5.2, document them in your SWPPP pursuant to Part 5.2.4. If control measures are 

implemented or planned but are not listed here (e.g., substituting a less toxic chemical 

for a more toxic one), include descriptions of them in your SWPPP. 

8.J.6.4 Employee Training. All employee training(s) conducted in accordance with Part 8.J.5.1 

must be documented with the SWPPP. 

8.J.6.5 Certification of Permit Coverage for Commingled Non-Stormwater Discharges. If you 

determine that you are able to certify, consistent with Part 8.J.5.3, that a particular 

discharge composed of commingled stormwater and non-stormwater is covered under 

a separate NPDES permit, and that permit subjects the non-stormwater portion to 

effluent limitations prior to any commingling, you must retain such certification with your 

SWPPP. This certification must identify the non-stormwater discharges, the applicable 

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NPDES permit(s), the effluent limitations placed on the non-stormwater discharge by the 

permit(s), and the points at which the limitations are applied. 

8.J.7 Additional Inspection Requirements. 

8.J.7.1 Inspections of Active Mining-Related Areas (See also Part 3). Except for areas of the site 

subject to clearing, grading, and/or excavation activities conducted as part of the 

exploration and construction phase, which are subject to Part 8.J.4.4, perform inspections 

at least quarterly unless adverse weather conditions make the site inaccessible. Sites 

which discharge to waters which are designated as Tier 2 or 2.5 or waters which are 

impaired for sediment or nitrogen must be inspected monthly, unless subject to 8.J.4.3. 

See Part 8.J.8.1 for inspection requirements for inactive and unstaffed sites. (See also Part 

3.1.1 and 8.J.4.4.) 

8.J.8 Sector-Specific Benchmarks 

Table 8.J-1 identifies benchmarks that apply to the specific subsectors of Sector J. These 

benchmarks apply to both your primary industrial activity and any co-located industrial 

activities. 

Table 8.J-1. 

Subsector 

(You may be subject to requirements for 

more than one sector/subsector) 

Parameter 

Benchmark 

Monitoring 

Concentration 

Subsector J1. Sand and Gravel Mining (SIC 

1442, 1446) 

Nitrate plus Nitrite Nitrogen 0.68 mg/L 

Total Suspended Solids (TSS) 100 mg/L 

Subsector J2. Dimension and Crushed Stone 

and Nonmetallic Minerals (except fuels) (SIC 

1411, 1422-1429, 1481, 1499) 

Total Suspended Solids (TSS) 100 mg/L 

8.J.8.1 Inactive and Unstaffed Sites – Conditional Exemption from No Exposure Requirement for 

Routine Inspections, Quarterly Visual Assessments, and Benchmark Monitoring. As a 

Sector J facility, if you are seeking to exercise a waiver from either the routine 

inspection, quarterly visual assessment or the benchmark monitoring requirements for 

inactive and unstaffed sites (including temporarily inactive sites), you are conditionally 

exempt from the requirement to certify that “there are no industrial materials or 

activities exposed to stormwater” in Parts 3.1.1, 3.2.3 and 6.2.1.3, respectively. This 

exemption is conditioned on the following: 

x If circumstances change and your facility becomes active and/or staffed, this 

exception no longer applies and you must immediately begin complying with the 

applicable benchmark monitoring requirements as if you were in your first year of 

permit coverage, and the quarterly visual assessment requirements; and 

x EPA retains the authority to revoke this exemption and/or the monitoring waiver 

where it is determined that the discharge causes, has a reasonable potential to 

cause, or contributes to an instream excursion above an applicable water quality 

standard, including designated uses. 

Subject to the two conditions above, if your facility is inactive and unstaffed, you are 

waived from the requirement to conduct quarterly visual assessments and routine 

facility inspections. You must still do an annual site inspection in accordance with Part 

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3.1. You are encouraged to inspect your site more frequently where you have reason 

to believe that severe weather or natural disasters may have damaged control 

measures or increased discharges. 

8.J.9 Effluent Limitations Based on Effluent Limitations Guidelines (See also Part 6.2.2.1 of the 

permit) 

Table 8.J-2 identifies effluent limits that apply to the industrial activities described below. 

Compliance with these effluent limits is to be determined based on discharges from these 

industrial activities independent of commingling with any other wastestreams that may be 

covered under this permit. 

Table 8.J-2 

Industrial Activity Parameter Effluent Limit1 

Mine dewatering discharges at crushed stone 

mining facilities (SIC 1422 - 1429)

pH 6.0 - 9.0 

Mine dewatering discharges at construction 

sand and gravel mining facilities (SIC 1442)

pH 6.0 - 9.0 

Mine dewatering discharges at industrial sand 

mining facilities (SIC 1446) 

Total Suspended 

Solids (TSS) 

25 mg/L, monthly avg. 

45 mg/L, daily 

maximum 

pH 6.0 - 9.0 1Monitor annually. 

8.J.10 Termination of Permit Coverage 

8.J.10.1 Termination of Permit Coverage for Sites Reclaimed After December 17, 1990. A site or 

a portion of a site that has been released from applicable state or federal reclamation 

requirements after December 17, 1990, is no longer required to maintain coverage 

under this permit. If the site or portion of a site reclaimed after December 17, 1990, was 

not subject to reclamation requirements, the site or portion of the site is no longer 

required to maintain coverage under this permit if the site or portion of the site has 

been reclaimed as defined in Part 8.J.3.5. 

8.J.10.2 Termination of Permit Coverage for Sites Reclaimed Before December 17, 1990. A site or 

portion of a site that was released from applicable state or federal reclamation 

requirements before December 17, 1990, or that was otherwise reclaimed before 

December 17, 1990, is no longer required to maintain coverage under this permit if the 

site or portion of the site has been reclaimed. A site or portion of a site is considered to 

have been reclaimed if: (1) stormwater runoff that comes into contact with raw 

materials, intermediate byproducts, finished products, and waste products does not 

have the potential to cause or contribute to violations of state water quality standards, 

(2) soil disturbing activities related to mining at the sites or portion of the site have been 

completed, (3) the site or portion of the site has been stabilized to minimize soil erosion, 

and (4) as appropriate depending on location, size, and the potential to contribute 

pollutants to stormwater discharges, the site or portion of the site has been 

revegetated, will be amenable to natural revegetation, or will be left in a condition 

consistent with the post-mining land use. 

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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart K – Sector K – Hazardous Waste Treatment, Storage, or Disposal Facilities. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.K.1 Covered Stormwater Discharges. 

The requirements in Subpart K apply to stormwater discharges associated with industrial 

activity from Hazardous Waste Treatment, Storage, or Disposal facilities (TSDFs) as identified by 

the Activity Code specified under Sector K in Table D-1 of Appendix D of the permit. 

8.K.2 Industrial Activities Covered by Sector K. 

This permit authorizes stormwater discharges associated with industrial activity from 

facilities that treat, store, or dispose of hazardous wastes and that are operating under interim 

status or a permit under subtitle C of RCRA. 

Disposal facilities that have been properly closed and capped, and have no significant 

materials exposed to stormwater, are considered inactive and do not require permits. 

8.K.3 Limitations on Coverage. 

8.K.3.1 Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) The following are not 

authorized by this permit: leachate, gas collection condensate, drained free liquids, 

contaminated ground water, laboratory-derived wastewater, and contact washwater 

from washing truck and railcar exteriors and surface areas that have come in direct 

contact with solid waste at the landfill facility. 

8.K.3.2 Limitations on Coverage for Facilities Providing Commercial TSDF Services. For facilities 

located in Region 6 (see Appendix C) coverage is limited to hazardous waste TSDFs that 

are self-generating (including occasionally accepting wastes from community household 

hazardous waste collection events as public service), handle only residential wastes, 

and/or only store hazardous wastes and do not treat or dispose of them. Coverage 

under this permit is not available to commercial waste disposal and treatment facilities 

located in Region 6 that dispose and treat on a commercial basis any produced 

hazardous wastes (i.e., not their own) as a service to commercial or industrial generators. 

8.K.4 Definitions. 

8.K.4.1 Contaminated stormwater - stormwater that comes into direct contact with landfill 

wastes, the waste handling and treatment areas, or landfill wastewater as defined in 

Part 8.K.4.4. Some specific areas of a landfill that may produce contaminated 

stormwater include (but are not limited to) the open face of an active landfill with 

exposed waste (no cover added); the areas around wastewater treatment operations; 

trucks, equipment, or machinery that has been in direct contact with the waste; and 

waste dumping areas. 

8.K.4.2 Drained free liquids - aqueous wastes drained from waste containers (e.g., drums) prior 

to landfilling. 

8.K.4.3 Landfill - an area of land or an excavation in which wastes are placed for permanent 

disposal, but that is not a land application or land treatment unit, surface 

impoundment, underground injection well, waste pile, salt dome formation, salt bed 

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formation, underground mine, or cave as these terms are defined in 40 CFR 257.2, 

258.2, and 260.10. 

8.K.4.4 Landfill wastewater - as defined in 40 CFR Part 445 (Landfills Point Source Category), all 

wastewater associated with, or produced by, landfilling activities except for sanitary 

wastewater, non-contaminated stormwater, contaminated groundwater, and 

wastewater from recovery pumping wells. Landfill wastewater includes, but is not 

limited to, leachate, gas collection condensate, drained free liquids, laboratory 

derived wastewater, contaminated stormwater, and contact washwater from washing 

truck, equipment, and railcar exteriors and surface areas that have come in direct 

contact with solid waste at the landfill facility. 

8.K.4.5 Leachate - liquid that has passed through or emerged from solid waste and contains 

soluble, suspended, or miscible materials removed from such waste. 

8.K.4.6 Non-contaminated stormwater - stormwater that does not come into direct contact 

with landfill wastes, the waste handling and treatment areas, or landfill wastewater as 

defined in Part 8.K.4.4. Non-contaminated stormwater includes stormwater that flows 

off the cap, cover, intermediate cover, daily cover, and/or final cover of the landfill. 

8.K.5 Sector-Specific Benchmarks 

Table 8.K-1 identifies benchmarks that apply to the specific subsectors of Sector K. These 

benchmarks apply to both your primary industrial activity and any co-located industrial 

activities. 

Table 8.K-1. 

Subsector 

(You may be subject to requirements 

for more than one sector/subsector)

Parameter 

Benchmark 

Monitoring 

Concentration 

Subsector K1. ALL - Industrial Activity 

Code “HZ” (Note: permit coverage 

limited in some states). Benchmarks 

only applicable to discharges not 

subject to effluent limitations in 40 CFR 

Part 445 Subpart A (see below). 

Ammonia 2.14 mg/L 

Total Magnesium 0.064 mg/L 

Chemical Oxygen Demand 

(COD)

120 mg/L 

Total Arsenic 0.15 mg/L 

Total Cadmium (freshwater)2 

Total Cadmium (saltwater)1

Hardness 

Dependent 

0.04 mg/L 

Total Cyanide 0.022 mg/ L 

Total Lead (freshwater)2 

Total Lead (saltwater)1

Hardness 

Dependent 

0.21 mg/L 

Total Mercury 0.0014 mg/ L 

Total Selenium 0.005 mg/L 

Total Silver (freshwater)2 

Total Silver (saltwater)1

Hardness 

Dependent 

0.09 mg/L 1Saltwater benchmark values apply to stormwater discharges into saline waters where indicated. 

2 The freshwater benchmark values of some metals are dependent on water hardness. For these parameters, permittees 

must determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving Waters for 

Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable ‘hardness 

range’ for determining their benchmark value applicable to their facility. Hardness Dependent Benchmarks follow in the 

table below: 

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Freshwater Hardness 

Range 

Cadmium 

(mg/L) 

Lead 

(mg/L) 

Silver 

(mg/L) 

0-24.99 mg/L 0.0005 0.014 0.0007 

25-49.99 mg/L 0.0008 0.023 0.0007 

50-74.99 mg/L 0.0013 0.045 0.0017 

75-99.99 mg/L 0.0018 0.069 0.0030 

100-124.99 mg/L 0.0023 0.095 0.0046 

125-149.99 mg/L 0.0029 0.122 0.0065 

150-174.99 mg/L 0.0034 0.151 0.0087 

175-199.99 mg/L 0.0039 0.182 0.0112 

200-224.99 mg/L 0.0045 0.213 0.0138 

225-249.99 mg/L 0.0050 0.246 0.0168 

250+ mg/L 0.0053 0.262 0.0183 

8.K.6 Effluent Limitations Based on Effluent Limitations Guidelines (See also Part 6.2.2.1 of the 

permit.) 

Table 8.K-2 identifies effluent limits that apply to the industrial activities described below. 

Compliance with these effluent limits is to be determined based on discharges from these 

industrial activities independent of commingling with any other wastestreams that may be 

covered under this permit. 

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Table 8.K-21

Industrial Activity Parameter Effluent Limit 

Discharges from hazardous 

waste landfills subject to 

effluent limitations in 40 

CFR Part 445 Subpart A 

(see footnote). 

Biochemical Oxygen 

Demand (BOD5) 

220 mg/L, daily maximum 

56 mg/L, monthly avg. maximum 

Total Suspended 

Solids (TSS) 

88 mg/L, daily maximum 

27 mg/L, monthly avg. maximum 

Ammonia 10 mg/L, daily maximum 

4.9 mg/L, monthly avg. maximum 

Alpha Terpineol 0.042 mg/L, daily maximum 

0.019 mg/L, monthly avg. maximum 

Aniline 0.024 mg/L, daily maximum 

0.015 mg/L, monthly avg. maximum 

Benzoic Acid 0.119 mg/L, daily maximum 

0.073 mg/L, monthly avg. maximum 

Naphthalene 0.059 mg/L, daily maximum 

0.022 mg/L, monthly avg. maximum 

p-Cresol 0.024 mg/L, daily maximum 

0.015 mg/L, monthly avg. maximum 

Phenol 0.048 mg/L, daily maximum 

0.029 mg/L, monthly avg. maximum 

Pyridine 0.072 mg/L, daily maximum 

0.025 mg/L, monthly avg. maximum 

Total Arsenic 1.1 mg/L, daily maximum 

0.54 mg/L, monthly avg. maximum 

Total Chromium 1.1 mg/L, daily maximum 

0.46 mg/L, monthly avg. maximum 

Total Zinc 0.535 mg/L, daily maximum 

0.296 mg/L, monthly avg. maximum 

pH Within the range of 6-9 standard pH units 

(s.u.) 1 Monitor annually. As set forth at 40 CFR Part 445 Subpart A, these numeric limitations apply to contaminated 

stormwater discharges from hazardous waste landfills subject to the provisions of RCRA Subtitle C at 40 CFR Parts 264 

(Subpart N) and 265 (Subpart N) except for any of the following facilities: 

(a) landfills operated in conjunction with other industrial or commercial operations when the landfill receives only 

wastes generated by the industrial or commercial operation directly associated with the landfill; 

(b) landfills operated in conjunction with other industrial or commercial operations when the landfill receives wastes 

generated by the industrial or commercial operation directly associated with the landfill and also receives other 

wastes, provided that the other wastes received for disposal are generated by a facility that is subject to the 

same provisions in 40 CFR Subchapter N as the industrial or commercial operation or that the other wastes 

received are of similar nature to the wastes generated by the industrial or commercial operation; 

(c) landfills operated in conjunction with Centralized Waste Treatment (CWT) facilities subject to 40 CFR Part 437, so 

long as the CWT facility commingles the landfill wastewater with other non-landfill wastewater for discharge. A 

landfill directly associated with a CWT facility is subject to this part if the CWT facility discharges landfill wastewater 

separately from other CWT wastewater or commingles the wastewater from its landfill only with wastewater from 

other landfills; or 

(d) landfills operated in conjunction with other industrial or commercial operations when the landfill receives wastes 

from public service activities, so long as the company owning the landfill does not receive a fee or other 

remuneration for the disposal service.

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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart L – Sector L – Landfills, Land Application Sites, and Open Dumps. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.L.1 Covered Stormwater Discharges. 

The requirements in Subpart L apply to stormwater discharges associated with industrial 

activity from Landfills and Land Application Sites as identified by the Activity Code specified 

under Sector L in Table D-1 of Appendix D of the permit. 

8.L.2 Industrial Activities Covered by Sector L. 

This permit may authorize stormwater discharges for Sector L facilities associated with 

waste disposal at landfills, land application sites that receive or have received industrial waste, 

including sites subject to regulation under Subtitle D of RCRA. This permit does not cover 

discharges from landfills that receive only municipal wastes. 

8.L.3 Limitations on Coverage. 

8.L.3.1 Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) The following discharges 

are not authorized by this permit: leachate, gas collection condensate, drained free 

liquids, contaminated ground water, laboratory wastewater, and contact washwater 

from washing truck and railcar exteriors and surface areas that have come in direct 

contact with solid waste at the landfill facility. Discharges from open dumps as defined 

under RCRA are also not authorized under this permit. 

8.L.4 Definitions. 

8.L.4.1 Contaminated stormwater - stormwater that comes into direct contact with landfill 

wastes, the waste handling and treatment areas, or landfill wastewater. Some areas of 

a landfill that may produce contaminated stormwater include (but are not limited to) 

the open face of an active landfill with exposed waste (no cover added); the areas 

around wastewater treatment operations; trucks, equipment, or machinery that has 

been in direct contact with the waste; and waste dumping areas.

8.L.4.2 Drained free liquids - aqueous wastes drained from waste containers (e.g., drums) prior 

to landfilling. 

8.L.4.3 Landfill wastewater - as defined in 40 CFR Part 445 (Landfills Point Source Category) all 

wastewater associated with, or produced by, landfilling activities except for sanitary 

wastewater, non-contaminated stormwater, contaminated groundwater, and 

wastewater from recovery pumping wells. Landfill process wastewater includes, but is 

not limited to, leachate; gas collection condensate; drained free liquids; laboratoryderived wastewater; contaminated stormwater; and contact washwater from washing 

truck, equipment, and railcar exteriors and surface areas that have come in direct 

contact with solid waste at the landfill facility. 

8.L.4.4 Leachate - liquid that has passed through or emerged from solid waste and contains 

soluble, suspended, or miscible materials removed from such waste. 

8.L.4.5 Non-contaminated stormwater - stormwater that does not come into direct contact 

with landfill wastes, the waste handling and treatment areas, or landfill wastewater. 

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Non-contaminated stormwater includes stormwater that flows off the cap, cover, 

intermediate cover, daily cover, and/or final cover of the landfill. 

8.L.5 Additional Technology-Based Effluent Limits. 

8.L.5.1 Preventive Maintenance Program. (See also Part 2.1.2.3) As part of your preventive 

maintenance program, maintain the following: all elements of leachate collection and 

treatment systems, to prevent commingling of leachate with stormwater; the integrity 

and effectiveness of any intermediate or final cover (including repairing the cover as 

necessary), to minimize the effects of settlement, sinking, and erosion. 

8.L.5.2 Erosion and Sedimentation Control. (See also Part 2.1.2.5) Provide temporary 

stabilization (e.g., temporary seeding, mulching, and placing geotextiles on the 

inactive portions of stockpiles) for the following: materials stockpiled for daily, 

intermediate, and final cover; inactive areas of the landfill or open dump; landfills or 

open dump areas that have gotten final covers but where vegetation has yet to 

establish itself; and land application sites where waste application has been 

completed but final vegetation has not yet been established. 

8.L.6 Additional SWPPP Requirements. 

8.L.5.1 Drainage Area Site Map. (See also Part 5.2.2) Document in your SWPPP where any of 

the following may be exposed to precipitation or surface runoff: active and closed 

landfill cells or trenches, active and closed land application areas, locations where 

open dumping is occurring or has occurred, locations of any known leachate springs or 

other areas where uncontrolled leachate may commingle with runoff, and leachate 

collection and handling systems. 

8.L.5.2 Summary of Potential Pollutant Sources. (See also Part 5.2.3) Document in your SWPPP 

the following sources and activities that have potential pollutants associated with 

them: fertilizer, herbicide, and pesticide application; earth and soil moving; waste 

hauling and loading or unloading; outdoor storage of significant materials, including 

daily, interim, and final cover material stockpiles as well as temporary waste storage 

areas; exposure of active and inactive landfill and land application areas; uncontrolled 

leachate flows; and failure or leaks from leachate collection and treatment systems. 

8.L.7 Additional Inspection Requirements. (See also Part 3) 

8.L.7.1 Inspections of Active Sites. Except in arid and semi-arid climates, inspect operating 

landfills, open dumps, and land application sites at least once every 7 days. Focus on 

areas of landfills that have not yet been finally stabilized; active land application areas, 

areas used for storage of material and wastes that are exposed to precipitation, 

stabilization, and structural control measures; leachate collection and treatment 

systems; and locations where equipment and waste trucks enter and exit the site. 

Ensure that sediment and erosion control measures are operating properly. For 

stabilized sites and areas where land application has been completed, or where the 

climate is arid or semi-arid, conduct inspections at least once every month.

8.L.7.2 Inspections of Inactive Sites. Inspect inactive landfills, open dumps, and land 

application sites at least quarterly. Qualified personnel must inspect landfill (or open 

dump) stabilization and structural erosion control measures, leachate collection and 

treatment systems, and all closed land application areas. 

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8.L.8 Additional Post-Authorization Documentation Requirements. 

8.L.8.1 Recordkeeping and Internal Reporting. Keep records with your SWPPP of the types of 

wastes disposed of in each cell or trench of a landfill or open dump. For land 

application sites, track the types and quantities of wastes applied in specific areas.

8.L.9 Sector-Specific Benchmarks 

Table 8.L-1 identifies benchmarks that apply to the specific subsectors of Sector L. These 

benchmarks apply to both your primary industrial activity and any co-located industrial 

activities. 

Table 8.L-1. 

Subsector 

(You may be subject to requirements for more than one 

sector/subsector) 

Parameter 

Benchmark 

Monitoring 

Concentration1

Subsector L1. All Landfill, Land Application Sites and Open 

Dumps (Industrial Activity Code “LF”) 

Total 

Suspended 

Solids (TSS)

100 mg/L 

Subsector L2. All Landfill, Land Application Sites and Open 

Dumps, except Municipal Solid Waste Landfill (MSWLF) Areas 

Closed in Accordance with 40 CFR 258.60 (Industrial Activity 

Code “LF”) 

Total Iron 1.0 mg/L 

1Benchmark monitoring required only for discharges not subject to effluent limitations in 40 CFR Part 445 Subpart B (see 

Table L-2 above). 

 

8.L.10. Effluent Limitations Based on Effluent Limitations Guidelines (See also Part 6.2.2.1 of the 

permit.) 

Table 8.L-2 identifies effluent limits that apply to the industrial activities described below. 

Compliance with these effluent limits is to be determined based on discharges from these 

industrial activities independent of commingling with any other wastestreams that may be 

covered under this permit. 

Table 8.L-21

Industrial Activity Parameter Effluent Limit 

Discharges from nonhazardous waste landfills 

subject to effluent 

limitations in 40 CFR Part 

445 Subpart B. 

Biochemical Oxygen Demand 

(BOD5) 

140 mg/L, daily maximum 

37 mg/L, monthly avg. maximum 

Total Suspended Solids (TSS) 88 mg/L, daily maximum 

27 mg/L, monthly avg. maximum 

Ammonia 10 mg/L, daily maximum 

4.9 mg/L, monthly avg. maximum 

Alpha Terpineol 0.033 mg/L, daily maximum 

0.016 mg/L monthly avg. maximum 

Benzoic Acid 0.12 mg/L, daily maximum 

0.071 mg/L, monthly avg. 

maximum 

p-Cresol 0.025 mg/L, daily maximum 

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Table 8.L-21

Industrial Activity Parameter Effluent Limit 

0.014 mg/L, monthly avg. 

maximum 

Phenol 0.026 mg/L, daily maximum 

0.015 mg/L, monthly avg. 

maximum 

Total Zinc 0.20 mg/L, daily maximum 

0.11 mg/L, monthly avg. maximum 

pH Within the range of 6-9 standard 

pH units (s.u.) 1 Monitor annually. As set forth at 40 CFR Part 445 Subpart B, these numeric limitations apply to contaminated stormwater 

discharges from MSWLFs that have not been closed in accordance with 40 CFR 258.60, and to contaminated stormwater 

discharges from those landfills that are subject to the provisions of 40 CFR Part 257 except for discharges from any of the 

following facilities: 

(a) landfills operated in conjunction with other industrial or commercial operations, when the landfill receives only 

wastes generated by the industrial or commercial operation directly associated with the landfill; 

(b) landfills operated in conjunction with other industrial or commercial operations, when the landfill receives wastes 

generated by the industrial or commercial operation directly associated with the landfill and also receives other 

wastes, provided that the other wastes received for disposal are generated by a facility that is subject to the 

same provisions in 40 CFR Subchapter N as the industrial or commercial operation, or that the other wastes 

received are of similar nature to the wastes generated by the industrial or commercial operation; 

(c) landfills operated in conjunction with CWT facilities subject to 40 CFR Part 437, so long as the CWT facility 

commingles the landfill wastewater with other non-landfill wastewater for discharge. A landfill directly associated 

with a CWT facility is subject to this part if the CWT facility discharges landfill wastewater separately from other 

CWT wastewater or commingles the wastewater from its landfill only with wastewater from other landfills; or 

(d) landfills operated in conjunction with other industrial or commercial operations when the landfill receives wastes 

from public service activities, so long as the company owning the landfill does not receive a fee or other 

remuneration for the disposal service. 

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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart M – Sector M – Automobile Salvage Yards. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.M.1 Covered Stormwater Discharges. 

The requirements in Subpart M apply to stormwater discharges associated with industrial 

activity from Automobile Salvage Yards as identified by the SIC Code specified under Sector M 

in Table D-1 of Appendix D of this permit. 

8.M.2 Additional Technology-Based Effluent Limits. 

8.M.2.1 Spill and Leak Prevention Procedures. (See also Part 2.1.2.4) Drain vehicles intended to 

be dismantled of all fluids upon arrival at the site (or as soon thereafter as practicable), 

or employ some other equivalent means to prevent spills and leaks. 

8.M.2.2 Employee Training. (See also Part 2.1.2.8) If applicable to your facility, address the 

following areas (at a minimum) in your employee training program: proper handling 

(collection, storage, and disposal) of oil, used mineral spirits, anti-freeze, mercury 

switches, and solvents. 

8.M.2.3 Management of Runoff. (See also Part 2.1.2.6) Implement appropriate management 

practices, such as the following: berms or drainage ditches on the property line (to help 

prevent run-on from neighboring properties); berms for uncovered outdoor storage of 

oily parts, engine blocks, and above-ground liquid storage; installation of detention 

ponds; and installation of filtering devices and oil and water separators. 

8.M.3 Additional SWPPP Requirements. 

8.M.3.1 Drainage Area Site Map. (See also Part 5.2.2) Identify locations used for dismantling, 

storage, and maintenance of used motor vehicle parts. Also identify where any of the 

following may be exposed to precipitation or surface runoff: dismantling areas, parts 

(e.g., engine blocks, tires, hub caps, batteries, hoods, mufflers) storage areas, and liquid 

storage tanks and drums for fuel and other fluids. 

8.M.3.2 Potential Pollutant Sources. (See also Part 5.2.3) Assess the potential for the following to 

contribute pollutants to stormwater discharges: vehicle storage areas, dismantling 

areas, parts storage areas (e.g., engine blocks, tires, hub caps, batteries, hoods, 

mufflers), and fueling stations. 

8.M.4 Additional Inspection Requirements. (See also Part 3.1) Immediately (or as soon 

thereafter as practicable) inspect vehicles arriving at the site for leaks. Inspect quarterly 

for signs of leakage all equipment containing oily parts, hydraulic fluids, any other types 

of fluids, or mercury switches. Also, inspect quarterly for signs of leakage all vessels and 

areas where hazardous materials and general automotive fluids are stored, including, 

but not limited to, mercury switches, brake fluid, transmission fluid, radiator water, and 

antifreeze. 

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8.M.5 Sector-Specific Benchmarks.

Table 8.M-1 identifies benchmarks that apply to Sector M. These benchmarks apply to 

both your primary industrial activity and any co-located industrial activities. 

Table 8.M-1. 

Subsector 

(You may be subject to requirements 

for more than one sector/subsector) 

Parameter 

Benchmark 

Monitoring 

Concentration 

Subsector M1. Automobile Salvage 

Yards (SIC 5015) 

Total Suspended Solids (TSS) 100 mg/L 

Total Aluminum 0.75 mg/L 

Total Iron 1.0 mg/L 

Total Lead (freshwater)2 

Total Lead (saltwater)1

Hardness Dependent 

0.21 mg/L 1Saltwater benchmark values apply to stormwater discharges into saline waters where indicated. 

2 The freshwater benchmark values of some metals are dependent on water hardness. For these parameters, permittees 

must determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving Waters for 

Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable ‘hardness 

range’ for determining their benchmark value applicable to their facility. Hardness Dependent Benchmarks follow in 

the table below: 

Freshwater Hardness 

Range 

Lead 

(mg/L) 

0-24.99 mg/L 0.014 

25-49.99 mg/L 0.023 

50-74.99 mg/L 0.045 

75-99.99 mg/L 0.069 

100-124.99 mg/L 0.095 

125-149.99 mg/L 0.122 

150-174.99 mg/L 0.151 

175-199.99 mg/L 0.182 

200-224.99 mg/L 0.213 

225-249.99 mg/L 0.246 

250+ mg/L 0.262 

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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart N – Sector N – Scrap Recycling and Waste Recycling Facilities. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.N.1 Covered Stormwater Discharges. 

The requirements in Subpart N apply to stormwater discharges associated with industrial 

activity from Scrap Recycling and Waste Recycling facilities as identified by the SIC Code 

specified under Sector N in Table D-1 of Appendix D of the permit. 

8.N.2 Limitation on Coverage. 

Separate permit requirements have been established for recycling facilities that receive, 

process, and do wholesale distribution of only source-separated recyclable materials primarily 

from non-industrial and residential sources (i.e., common consumer products including paper, 

newspaper, glass, cardboard, plastic containers, and aluminum and tin cans). This includes 

recycling facilities commonly referred to as material recovery facilities (MRF). See Part 8.N.3.3. 

8.N.2.1 Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) Non-stormwater 

discharges from turnings containment areas are not covered by this permit (see also 

Part 8.N.3.2.3). Discharges from containment areas in the absence of a storm event are 

prohibited unless covered by a separate NPDES permit. 

8.N.3 Additional Technology-Based Effluent Limits. 

8.N.3.1 Scrap and Waste Recycling Facilities (Non-Source Separated, Nonliquid Recyclable 

Materials). Requirements for facilities that receive, process, and do wholesale 

distribution of nonliquid recyclable wastes (e.g., ferrous and nonferrous metals, plastics, 

glass, cardboard, and paper). These facilities may receive both nonrecyclable and 

recyclable materials. This section is not intended for those facilities that accept 

recyclables only from primarily non-industrial and residential sources. 

8.N.3.1.1 Inbound Recyclable and Waste Material Control Program. Minimize the 

chance of accepting materials that could be significant sources of pollutants 

by conducting inspections of inbound recyclables and waste materials. 

Following are some control measure options: (a) provide information and 

education to suppliers of scrap and recyclable waste materials on draining 

and properly disposing of residual fluids (e.g., from vehicles and equipment 

engines, radiators and transmissions, oil filled transformers, and individual 

containers or drums) and removal of mercury switches from vehicles before 

delivery to your facility; (b) establish procedures to minimize the potential of 

any residual fluids from coming into contact with precipitation or runoff; (c) 

establish procedures for accepting scrap lead-acid batteries (additional 

requirements for the handling, storage, and disposal or recycling of batteries 

are contained in the scrap lead-acid battery program provisions in Part 

8.N.3.2.6); (d) provide training targeted for those personnel engaged in the 

inspection and acceptance of inbound recyclable materials; and (e) 

establish procedures to ensure that liquid wastes, including used oil, are stored 

in materially compatible and non-leaking containers and are disposed of or 

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recycled in accordance with the Resource Conservation and Recovery Act 

(RCRA). 

8.N.3.1.2 Scrap and Waste Material Stockpiles and Storage (Outdoor). Minimize 

contact of stormwater runoff with stockpiled materials, processed materials, 

and nonrecyclable wastes. Following are some control measure options: (a) 

permanent or semi-permanent covers; (b) sediment traps, vegetated swales 

and strips, catch basin filters, and sand filters to facilitate settling or filtering of 

pollutants; (c) dikes, berms, containment trenches, culverts, and surface 

grading to divert runoff from storage areas; (d) silt fencing; and (e) oil and 

water separators, sumps, and dry absorbents for areas where potential 

sources of residual fluids are stockpiled (e.g., automobile engine storage 

areas). 

8.N.3.1.3 Stockpiling of Turnings Exposed to Cutting Fluids (Outdoor Storage). Minimize 

contact of surface runoff with residual cutting fluids by: (a) storing all turnings 

exposed to cutting fluids under some form of permanent or semi-permanent 

cover, or (b) establishing dedicated containment areas for all turnings that 

have been exposed to cutting fluids. Any containment areas must be 

constructed of concrete, asphalt, or other equivalent types of impermeable 

material and include a barrier (e.g., berms, curbing, elevated pads) to 

prevent contact with stormwater run-on. Stormwater runoff from these areas 

can be discharged, provided that any runoff is first collected and treated by 

an oil and water separator or its equivalent. You must regularly maintain the 

oil and water separator (or its equivalent) and properly dispose of or recycle 

collected residual fluids. 

8.N.3.1.4 Scrap and Waste Material Stockpiles and Storage (Covered or Indoor 

Storage). Minimize contact of residual liquids and particulate matter from 

materials stored indoors or under cover with surface runoff. Following are 

some control measure options: (a) good housekeeping measures, including 

the use of dry absorbents or wet vacuuming to contain, dispose of, or recycle 

residual liquids originating from recyclable containers, or mercury spill kits for 

spills from storage of mercury switches; (b) not allowing washwater from 

tipping floors or other processing areas to discharge to the storm sewer 

system; and (c) disconnecting or sealing off all floor drains connected to the 

storm sewer system. 

8.N.3.1.5 Scrap and Recyclable Waste Processing Areas. Minimize surface runoff from 

coming in contact with scrap processing equipment. Pay attention to 

operations that generate visible amounts of particulate residue (e.g., 

shredding) to minimize the contact of accumulated particulate matter and 

residual fluids with runoff (i.e., through good housekeeping, preventive 

maintenance, etc.). Following are some control measure options: (a) regularly 

inspect equipment for spills or leaks and malfunctioning, worn, or corroded 

parts or equipment; (b) establish a preventive maintenance program for 

processing equipment; (c) use dry-absorbents or other cleanup practices to 

collect and dispose of or recycle spilled or leaking fluids or use mercury spill 

kits for spills from storage of mercury switches; (d) on unattended hydraulic 

reservoirs over 150 gallons in capacity, install protection devices such as lowlevel alarms or equivalent devices, or secondary containment that can hold 

the entire volume of the reservoir; (e) containment or diversion structures such 

as dikes, berms, culverts, trenches, elevated concrete pads, and grading to 

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minimize contact of stormwater runoff with outdoor processing equipment or 

stored materials; (f) oil and water separators or sumps; (g) permanent or semipermanent covers in processing areas where there are residual fluids and 

grease; (h) retention or detention ponds or basins; sediment traps, and 

vegetated swales or strips (for pollutant settling and filtration); (i) catch basin 

filters or sand filters. 

8.N.3.1.6 Scrap Lead-Acid Battery Program. Properly handle, store, and dispose of 

scrap lead-acid batteries. Following are some control measure options (a) 

segregate scrap lead-acid batteries from other scrap materials; (b) properly 

handle, store, and dispose of cracked or broken batteries; (c) collect and 

dispose of leaking lead-acid battery fluid; (d) minimize or eliminate (if possible) 

exposure of scrap lead-acid batteries to precipitation or runoff; and (e) 

provide employee training for the management of scrap batteries. 

8.N.3.1.7 Spill Prevention and Response Procedures. (See also Part 2.1.2.4)Install alarms 

and/or pump shutoff systems on outdoor equipment with hydraulic reservoirs 

exceeding 150 gallons in the event of a line break. Alternatively, a secondary 

containment system capable of holding the entire contents of the reservoir 

plus room for precipitation can be used. Use a mercury spill kit for any release 

of mercury from switches, anti-lock brake systems, and switch storage areas. 

8.N.3.1.8 Supplier Notification Program. As appropriate, notify major suppliers which 

scrap materials will not be accepted at the facility or will be accepted only 

under certain conditions. 

8.N.3.2 Waste Recycling Facilities (Liquid Recyclable Materials). 

8.N.3.2.1 Waste Material Storage (Indoor). Minimize or eliminate contact between 

residual liquids from waste materials stored indoors and from surface runoff. 

The plan may refer to applicable portions of other existing plans, such as Spill 

Prevention, Control, and Countermeasure (SPCC) plans required under 40 

CFR Part 112. Following are some control measure options (a) procedures for 

material handling (including labeling and marking); (b) clean up spills and 

leaks with dry absorbent materials, a wet vacuum system; (c) appropriate 

containment structures (trenching, curbing, gutters, etc.); and (d) a drainage 

system, including appurtenances (e.g., pumps or ejectors, manually operated 

valves), to handle discharges from diked or bermed areas. Drainage should 

be discharged to an appropriate treatment facility or sanitary sewer system, 

or otherwise disposed of properly. These discharges may require coverage 

under a separate NPDES wastewater permit or industrial user permit under the 

pretreatment program.

8.N.3.2.2 Waste Material Storage (Outdoor). Minimize contact between stored residual 

liquids and precipitation or runoff. The plan may refer to applicable portions of 

other existing plans, such as SPCC plans required under 40 CFR Part 112. 

Discharges of precipitation from containment areas containing used oil must 

also be in accordance with applicable sections of 40 CFR Part 112. Following 

are some control measure options (a) appropriate containment structures 

(e.g., dikes, berms, curbing, pits) to store the volume of the largest tank, with 

sufficient extra capacity for precipitation; (b) drainage control and other 

diversionary structures; (c) corrosion protection and/or leak detection systems 

for storage tanks; and (d) dry-absorbent materials or a wet vacuum system to 

collect spills.

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8.N.3.2.3 Trucks and Rail Car Waste Transfer Areas. Minimize pollutants in discharges 

from truck and rail car loading and unloading areas. Include measures to 

clean up minor spills and leaks resulting from the transfer of liquid wastes. 

Following are two control measure options: (a) containment and diversionary 

structures to minimize contact with precipitation or runoff, and (b) dry cleanup methods, wet vacuuming, roof coverings, or runoff controls.

8.N.3.3 Recycling Facilities (Source-Separated Materials). The following identifies 

considerations for facilities that receive only source-separated recyclables, 

primarily from non-industrial and residential sources.

8.N.3.3.1 Inbound Recyclable Material Control. Minimize the chance of accepting 

nonrecyclables (e.g., hazardous materials) that could be a significant source 

of pollutants by conducting inspections of inbound materials. Following are 

some control measure options: (a) providing information and education 

measures to inform suppliers of recyclables about acceptable and nonacceptable materials, (b) training drivers responsible for pickup of recycled 

material, (c) clearly marking public drop-off containers regarding which 

materials can be accepted, (d) rejecting nonrecyclable wastes or household 

hazardous wastes at the source, and (e) establishing procedures for handling 

and disposal of nonrecyclable material. 

8.N.3.3.2 Outdoor Storage. Minimize exposure of recyclables to precipitation and 

runoff. Use good housekeeping measures to prevent accumulation of 

particulate matter and fluids, particularly in high traffic areas. Following are 

some control measure options (a) provide totally enclosed drop-off containers 

for the public; (b) install a sump and pump with each container pit and treat 

or discharge collected fluids to a sanitary sewer system; (c) provide dikes and 

curbs for secondary containment (e.g., around bales of recyclable waste 

paper); (d) divert surface water runoff away from outside material storage 

areas; (e) provide covers over containment bins, dumpsters, and roll-off 

boxes; and (f) store the equivalent of one day’s volume of recyclable material 

indoors. 

8.N.3.3.3 Indoor Storage and Material Processing. Minimize the release of pollutants 

from indoor storage and processing areas. Following are some control 

measure options (a) schedule routine good housekeeping measures for all 

storage and processing areas, (b) prohibit tipping floor washwater from 

draining to the storm sewer system, and (c) provide employee training on 

pollution prevention practices. 

8.N.3.3.4 Vehicle and Equipment Maintenance. Following are some control measure 

options for areas where vehicle and equipment maintenance occur outdoors 

(a) prohibit vehicle and equipment washwater from discharging to the storm 

sewer system, (b) minimize or eliminate outdoor maintenance areas 

whenever possible, (c) establish spill prevention and clean-up procedures in 

fueling areas, (d) avoid topping off fuel tanks, (e) divert runoff from fueling 

areas, (f) store lubricants and hydraulic fluids indoors, and (g) provide 

employee training on proper handling and storage of hydraulic fluids and 

lubricants. 

8.N.4 Additional SWPPP Requirements. 

8.N.4.1 Drainage Area Site Map. (See also Part 5.2.2) Document in your SWPPP the locations of 

any of the following activities or sources that may be exposed to precipitation or 

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surface runoff: scrap and waste material storage, outdoor scrap and waste processing 

equipment; and containment areas for turnings exposed to cutting fluids. 

8.N.4.2 Maintenance Schedules/Procedures for Collection, Handling, and Disposal or 

Recycling of Residual Fluids at Scrap and Waste Recycling Facilities. If you are subject 

to Part 8.N.3.1.3, your SWPPP must identify any applicable maintenance schedule and 

the procedures to collect, handle, and dispose of or recycle residual fluids. 

8.N.5 Additional Inspection Requirements. 

8.N.5.1 Inspections for Waste Recycling Facilities. The inspections must be performed quarterly, 

pursuant to Part 3.1, and include, at a minimum, all areas where waste is generated, 

received, stored, treated, or disposed of and that are exposed to either precipitation or 

stormwater runoff. 

8.N.6 Sector-Specific Benchmarks. 

Table 8.N-1 identifies benchmarks that apply to Sector N. These benchmarks apply to 

both your primary industrial activity and any co-located industrial activities. 

Table 8.N-1. 

Subsector 

(You may be subject to requirements for 

more than one sector/subsector)

Parameter Benchmark Monitoring 

Concentration 

Subsector N1. Scrap Recycling and 

Waste Recycling Facilities except those 

only receiving source-separate 

recyclable materials primarily from nonindustrial and residential sources (SIC 

5093) 

Chemical Oxygen 

Demand (COD) 

120 mg/L 

Total Suspended Solids 

(TSS) 

100 mg/L 

Total Recoverable 

Aluminum 

0.75 mg/L 

Total Copper (freshwater)2 

Total Copper (saltwater)1

Hardness Dependent 

0.0048 mg/L 

Total Recoverable Iron 1.0 mg/L 

Total Lead (freshwater)2 

Total Lead (saltwater)1

Hardness Dependent 

0.21 mg/L 

Total Zinc (freshwater)2 

Total Zinc (saltwater)1

Hardness Dependent 

0.09 mg/L 1Saltwater benchmark values apply to stormwater discharges into saline waters where indicated. 

2 The freshwater benchmark values of some metals are dependent on water hardness. For these parameters, permittees 

must determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving Waters for 

Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable ‘hardness 

range’ for determining their benchmark value applicable to their facility. Hardness Dependent Benchmarks follow in the 

table below: 

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Freshwater Hardness 

Range 

Copper 

(mg/L) 

Lead 

(mg/L) 

Zinc 

(mg/L) 

0-24.99 mg/L 0.0038 0.014 0.04 

25-49.99 mg/L 0.0056 0.023 0.05 

50-74.99 mg/L 0.0090 0.045 0.08 

75-99.99 mg/L 0.0123 0.069 0.11 

100-124.99 mg/L 0.0156 0.095 0.13 

125-149.99 mg/L 0.0189 0.122 0.16 

150-174.99 mg/L 0.0221 0.151 0.18 

175-199.99 mg/L 0.0253 0.182 0.20 

200-224.99 mg/L 0.0285 0.213 0.23 

225-249.99 mg/L 0.0316 0.246 0.25 

250+ mg/L 0.0332 0.262 0.26 

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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart O – Sector O – Steam Electric Generating Facilities. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.O.1 Covered Stormwater Discharges. 

The requirements in Subpart O apply to stormwater discharges associated with industrial 

activity from Steam Electric Power Generating Facilities as identified by the Activity Code 

specified under Sector O in Table D-1 of Appendix D. 

8.O.2 Industrial Activities Covered by Sector O. 

This permit authorizes stormwater discharges from the following industrial activities at 

Sector O facilities: 

8.O.2.1 steam electric power generation using coal, natural gas, oil, nuclear energy, etc., to 

produce a steam source, including coal handling areas (does not include geothermal 

power); 

8.O.2.2 coal pile runoff, including effluent limitations established by 40 CFR Part 423; and 

8.O.2.3 dual fuel facilities that could employ a steam boiler. 

8.O.3 Limitations on Coverage. 

8.O.3.1 Prohibition of Non-Stormwater Discharges. Non-stormwater discharges subject to 

effluent limitations guidelines are not covered by this permit. 

8.O.3.2 Prohibition of Stormwater Discharges. Stormwater discharges from the following are not 

covered by this permit: 

8.O.3.2.1 ancillary facilities (e.g., fleet centers and substations) that are not contiguous 

to a stream electric power generating facility; 

8.O.3.2.2 gas turbine facilities (providing the facility is not a dual-fuel facility that 

includes a steam boiler), and combined-cycle facilities where no 

supplemental fuel oil is burned (and the facility is not a dual-fuel facility that 

includes a steam boiler); and 

8.O.3.2.3 cogeneration (combined heat and power) facilities utilizing a gas turbine. 

8.O.4 Additional Technology-Based Effluent Limits. The following good housekeeping 

measures are required in addition to Part 2.1.2.2: 

8.O.4.1 Fugitive Dust Emissions. Minimize fugitive dust emissions from coal handling areas. To 

minimize the tracking of coal dust offsite, implement appropriate procedures such as 

installing specially designed tires or washing vehicles in a designated area before they 

leave the site and controlling the wash water. 

8.O.4.2 Delivery Vehicles. Minimize contamination of stormwater runoff from delivery vehicles 

arriving at the plant site. Implement appropriate procedures to inspect delivery vehicles 

arriving at the plant site and ensure overall integrity of the body or container and 

procedures to deal with leakage or spillage from vehicles or containers. 

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8.O.4.3 Fuel Oil Unloading Areas. Minimize contamination of precipitation or surface runoff from 

fuel oil unloading areas. Use containment curbs in unloading areas where practicable. 

In addition, have personnel familiar with spill prevention and response procedures 

present during deliveries to ensure that any leaks or spills are immediately contained 

and cleaned up, and use spill and overflow protection devices (e.g., drip pans, drip 

diapers, or other containment devices placed beneath fuel oil connectors to contain 

potential spillage during deliveries or from leaks at the connectors). 

8.O.4.4 Chemical Loading and Unloading. Minimize contamination of precipitation or surface 

runoff from chemical loading and unloading areas. Use containment curbs at 

chemical loading and unloading areas to contain spills, where practicable. In addition, 

have personnel familiar with spill prevention and response procedures present during 

deliveries to ensure that any leaks or spills are immediately contained and cleaned up, 

and, where practicable, load and unload in covered areas and store chemicals 

indoors. 

8.O.4.5 Miscellaneous Loading and Unloading Areas. Minimize contamination of precipitation 

or surface runoff from loading and unloading areas. Cover the loading area; grade, 

curb, or berm around the loading area to divert run-on; locate the loading and 

unloading equipment and vehicles so that leaks are contained in existing containment 

and flow diversion systems; or use equivalent procedures to minimize the 

contamination of precipitation or surface runoff from loading and unloading areas. 

8.O.4.6 Liquid Storage Tanks. Minimize contamination of surface runoff from above-ground 

liquid storage tanks. Use protective guards around tanks, containment curbs, spill and 

overflow protection, dry cleanup methods, or equivalent measures. 

8.O.4.7 Large Bulk Fuel Storage Tanks. Minimize contamination of surface runoff from large bulk 

fuel storage tanks. Use containment berms (or their equivalent). You must also comply 

with applicable State and Federal laws, including Spill Prevention, Control and 

Countermeasure (SPCC) Plan requirements. 

8.O.4.8 Spill Reduction Measures. Minimize the potential for an oil or chemical spill, or 

reference the appropriate part of your SPCC plan. Visually inspect as part of your 

routine facility inspection the structural integrity of all above-ground tanks, pipelines, 

pumps, and related equipment that may be exposed to stormwater, and make any 

necessary repairs immediately. 

8.O.4.9 Oil-Bearing Equipment in Switchyards. Minimize contamination of surface runoff from oilbearing equipment in switchyard areas. Use level grades and gravel surfaces to retard 

flows and limit the spread of spills, or collecting runoff in perimeter ditches. 

8.O.4.10 Residue-Hauling Vehicles. Inspect all residue-hauling vehicles for proper covering over 

the load, adequate gate sealing, and overall integrity of the container body. Repair 

vehicles without load covering or adequate gate sealing, or with leaking containers or 

beds. 

8.O.4.11 Ash Loading Areas. Reduce or control the tracking of ash and residue from ash loading 

areas. Clear the ash building floor and immediately adjacent roadways of spillage, 

debris, and excess water before departure of each loaded vehicle. 

8.O.4.12 Areas Adjacent to Disposal Ponds or Landfills. Minimize contamination of surface runoff 

from areas adjacent to disposal ponds or landfills. Reduce ash residue that may be 

tracked on to access roads traveled by residue handling vehicles, and reduce ash 

residue on exit roads leading into and out of residue handling areas. 

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8.O.4.13 Landfills, Scrap yards, Surface Impoundments, Open Dumps, General Refuse Sites. 

Minimize the potential for contamination of runoff from these areas. 

8.O.5 Additional SWPPP Requirements. 

8.O.5.1 Drainage Area Site Map. (See also Part 5.2.2) Document in your SWPPP the locations of 

any of the following activities or sources that may be exposed to precipitation or 

surface runoff: storage tanks, scrap yards, and general refuse areas; short- and longterm storage of general materials (including but not limited to supplies, construction 

materials, paint equipment, oils, fuels, used and unused solvents, cleaning materials, 

paint, water treatment chemicals, fertilizer, and pesticides); landfills and construction 

sites; and stock pile areas (e.g., coal or limestone piles). 

8.O.5.2 Documentation of Good Housekeeping Measures. You must document in your SWPPP 

the good housekeeping measures implemented to meet the effluent limits in Part 8.O.4. 

8.O.6 Additional Inspection Requirements. 

As part of your inspection, inspect the following areas monthly: coal handling areas, loading or 

unloading areas, switchyards, fueling areas, bulk storage areas, ash handling areas, 

areas adjacent to disposal ponds and landfills, maintenance areas, liquid storage 

tanks, and long term and short term material storage areas.

8.O.7 Sector-Specific Benchmarks 

Table 8.O-1 identifies benchmarks that apply to Sector O. These benchmarks apply to 

both your primary industrial activity and any co-located industrial activities. 

Table 8.O-1. 

Subsector 

(You may be subject to requirements for more than one 

sector/subsector) 

Parameter 

Benchmark 

Monitoring 

Concentration 

Subsector O1. Steam Electric Generating Facilities (Industrial 

Activity Code “SE”)

Total Iron 1.0 mg/L 

8.O.8 Effluent Limitations Based on Effluent Limitations Guidelines (See also Part 6.2.2.1 of the 

permit.) 

Table 8.O-2 identifies effluent limits that apply to the industrial activities described below. 

Compliance with these effluent limits is to be determined based on discharges from these 

industrial activities independent of commingling with any other wastestreams that may be 

covered under this permit. 

Table 8.O-21

Industrial Activity Parameter Effluent Limit 

Discharges from coal storage piles at Steam 

Electric Generating Facilities 

TSS 50 mg/l2

pH 6.0 min - 9.0 max 

1 Monitor annually. 

2 If your facility is designed, constructed, and operated to treat the volume of coal pile runoff that is associated with a 

10-year, 24-hour rainfall event, any untreated overflow of coal pile runoff from the treatment unit is not subject to the 50 

mg/L limitation for total suspended solids.

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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart P – Sector P – Land Transportation and Warehousing. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.P.1 Covered Stormwater Discharges. 

The requirements in Subpart P apply to stormwater discharges associated with industrial 

activity from Land Transportation and Warehousing facilities as identified by the SIC Codes 

specified under Sector P in Table D-1 of Appendix D of the permit. 

8.P.2 Limitation on Coverage 

8.P.2.1 Prohibited Discharges (see also Parts 1.1.4 and 8.P.3.1.4) This permit does not authorize 

the discharge of vehicle/equipment/surface washwater, including tank cleaning 

operations. Such discharges must be authorized under a separate NPDES permit, 

discharged to a sanitary sewer in accordance with applicable industrial pretreatment 

requirements, or recycled on-site. 

8.P.3 Additional Technology-Based Effluent Limits. 

8.P.3.1 Good Housekeeping Measures. (See also Part 2.1.2.2) In addition to the Good 

Housekeeping requirements in Part 2.1.2.2, you must do the following. Recommended 

control measures are discussed as indicated: 

8.P.3.1.1 Vehicle and Equipment Storage Areas. Minimize the potential for stormwater 

exposure to leaky or leak-prone vehicles/equipment awaiting maintenance. 

Implement appropriate control measures, such as the following (or other 

equivalent measures): use of drip pans under vehicles/equipment, indoor 

storage of vehicles and equipment, installation of berms or dikes, use of 

absorbents, roofing or covering storage areas, and cleaning pavement 

surfaces to remove oil and grease. 

8.P.3.1.2 Fueling Areas. Minimize contamination of stormwater runoff from fueling areas. 

Implement appropriate control measures, such as the following (or other 

equivalent measures): Covering the fueling area; using spill/overflow 

protection and cleanup equipment; minimizing stormwater run-on/runoff to 

the fueling area; using dry cleanup methods; and treating and/or recycling 

collected stormwater runoff. 

8.P.3.1.3 Material Storage Areas. Maintain all material storage vessels (e.g., for used 

oil/oil filters, spent solvents, paint wastes, hydraulic fluids) to prevent 

contamination of stormwater and plainly label them (e.g., “Used Oil,” “Spent 

Solvents,” etc.). Consider the following (or other equivalent measures): storing 

the materials indoors; installing berms/dikes around the areas; minimizing 

runoff of stormwater to the areas; using dry cleanup methods; and treating 

and/or recycling collected stormwater runoff. 

8.P.3.1.4 Vehicle and Equipment Cleaning Areas. Minimize contamination of 

stormwater runoff from all areas used for vehicle/equipment cleaning. 

Implement appropriate control measures, such as the following (or other 

equivalent measures): performing all cleaning operations indoors; covering 

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the cleaning operation, ensuring that all washwater drains to a proper 

collection system (i.e., not the stormwater drainage system); treating and/or 

recycling collected washwater, or other equivalent measures. 

8.P.3.1.5 Vehicle and Equipment Maintenance Areas. Minimize contamination of 

stormwater runoff from all areas used for vehicle/equipment maintenance. 

Implement appropriate control measures, such as the following (or other 

equivalent measures): performing maintenance activities indoors; using drip 

pans; keeping an organized inventory of materials used in the shop; draining 

all parts of fluid prior to disposal; prohibiting wet clean up practices if these 

practices would result in the discharge of pollutants to stormwater drainage 

systems; using dry cleanup methods; treating and/or recycling collected 

stormwater runoff, minimizing run on/runoff of stormwater to maintenance 

areas. 

8.P.3.1.6 Locomotive Sanding (Loading Sand for Traction) Areas. Implement 

appropriate control measures, such as the following (or other equivalent 

measures): covering sanding areas; minimizing stormwater run on/runoff; or 

appropriate sediment removal practices to minimize the offsite transport of 

sanding material by stormwater. 

8.P.3.2 Employee Training. (See also Part 2.1.2.8) Train personnel at least once a year and 

address the following activities, as applicable: used oil and spent solvent management; 

fueling procedures; general good housekeeping practices; proper painting 

procedures; and used battery management. 

8.P.4 Additional SWPPP Requirements. 

8.P.4.1 Drainage Area Site Map. (See also Part 5.2.2) Identify in the SWPPP the following areas 

of the facility and indicate whether activities occurring there may be exposed to 

precipitation/surface runoff: Fueling stations; vehicle/equipment maintenance or 

cleaning areas; storage areas for vehicle/equipment with actual or potential fluid 

leaks; loading/unloading areas; areas where treatment, storage or disposal of wastes 

occur; liquid storage tanks; processing areas; and storage areas. 

8.P.4.2 Potential Pollutant Sources. (See also Part 5.2.3) Assess the potential for the following 

activities and facility areas to contribute pollutants to stormwater discharges: Onsite 

waste storage or disposal; dirt/gravel parking areas for vehicles awaiting maintenance; 

illicit plumbing connections between shop floor drains and the stormwater conveyance 

system(s); and fueling areas. Describe these activities in the SWPPP. 

8.P.4.3 Description of Good Housekeeping Measures. You must document in your SWPPP the 

good housekeeping measures you implement consistent with Part 8.P.3.

8.P.4.4 Vehicle and Equipment Washwater Requirements. If applicable, attach to or reference 

in your SWPPP, a copy of the NPDES permit issued for vehicle/equipment washwater or, 

if an NPDES permit has not been issued, a copy of the pending application. If an 

industrial user permit is issued under a local pretreatment program, attach a copy to 

your SWPPP. In any case, implement all non-stormwater discharge permit conditions or 

pretreatment conditions in your SWPPP. If washwater is handled in another manner 

(e.g., hauled offsite), describe the disposal method and attach all pertinent 

documentation/information (e.g., frequency, volume, destination, etc.) in the plan. 

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8.P.5 Additional Inspection Requirements. (See also Part 3.1) Inspect all the following 

areas/activities: storage areas for vehicles/equipment awaiting maintenance, fueling 

areas, indoor and outdoor vehicle/equipment maintenance areas, material storage 

areas, vehicle/equipment cleaning areas and loading/unloading areas. 

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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart Q – Sector Q – Water Transportation. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.Q.1 Covered Stormwater Discharges. 

The requirements in Subpart Q apply to stormwater discharges associated with industrial 

activity from Water Transportation facilities as identified by the SIC Codes specified under Sector 

Q in Table D-1 of Appendix D of the permit. 

8.Q.2 Limitations on Coverage. 

8.Q.2.1 Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) Not covered by this 

permit: bilge and ballast water, sanitary wastes, pressure wash water, and cooling 

water originating from vessels. 

8.Q.3 Additional Technology-Based Effluent Limits. 

8.Q.3.1 Good Housekeeping Measures. You must implement the following good housekeeping 

measures in addition to the requirements of Part 2.1.2.2: 

8.Q.3.1.1 Pressure Washing Area. If pressure washing is used to remove marine growth 

from vessels, the discharge water must be permitted by a separate NPDES 

permit. Collect or contain the discharges from the pressures washing area so 

that they are not co-mingled with stormwater discharges authorized by this 

permit. 

8.Q.3.1.2 Blasting and Painting Area. Minimize the potential for spent abrasives, paint 

chips, and overspray to discharge into receiving waters or the storm sewer 

systems. Contain all blasting and painting activities or use other measures to 

minimize the discharge of contaminants (e.g., hanging plastic barriers or 

tarpaulins during blasting or painting operations to contain debris). At least 

once per month, you must clean stormwater conveyances of deposits of 

abrasive blasting debris and paint chips. 

8.Q.3.1.3 Material Storage Areas. Store and plainly label all containerized materials 

(e.g., fuels, paints, solvents, waste oil, antifreeze, batteries) in a protected, 

secure location away from drains. Minimize the contamination of precipitation 

or surface runoff from the storage areas. Specify which materials are stored 

indoors, and containment or enclosure or use other measures for those stored 

outdoors. If abrasive blasting is performed, discuss the storage and disposal of 

spent abrasive materials generated at the facility. Implement an inventory 

control plan to limit the presence of potentially hazardous materials onsite. 

8.Q.3.1.4 Engine Maintenance and Repair Areas. Minimize the contamination of 

precipitation or surface runoff from all areas used for engine maintenance 

and repair. Implement appropriate control measures, such as the following (or 

their equivalents): performing all maintenance activities indoors, maintaining 

an organized inventory of materials used in the shop, draining all parts of fluid 

prior to disposal, prohibiting the practice of hosing down the shop floor, using 

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dry cleanup methods, and treating and/or recycling stormwater runoff 

collected from the maintenance area. 

8.Q.3.1.5 Material Handling Area. Minimize the contamination of precipitation or 

surface runoff from material handling operations and areas (e.g., fueling, 

paint and solvent mixing, disposal of process wastewater streams from 

vessels). Implement appropriate control measures, such as the following (or 

their equivalents): covering fueling areas, using spill and overflow protection, 

mixing paints and solvents in a designated area (preferably indoors or under a 

shed), and minimizing runoff of stormwater to material handling areas. 

8.Q.3.1.6 Drydock Activities. Routinely maintain and clean the drydock to minimize 

pollutants in stormwater runoff. Address the cleaning of accessible areas of 

the drydock prior to flooding, and final cleanup following removal of the 

vessel and raising the dock. Include procedures for cleaning up oil, grease, 

and fuel spills occurring on the drydock. Implement appropriate control 

measures, such as the following (or their equivalents): sweeping rather than 

hosing off debris and spent blasting material from accessible areas of the 

drydock prior to flooding and making absorbent materials and oil 

containment booms readily available to clean up or contain any spills. 

8.Q.3.2 Employee Training. (See also Part 2.1.2.8) As part of your employee training program, 

address, at a minimum, the following activities (as applicable): used oil management, 

spent solvent management, disposal of spent abrasives, disposal of vessel wastewaters, 

spill prevention and control, fueling procedures, general good housekeeping practices, 

painting and blasting procedures, and used battery management. 

8.Q.3.3 Preventive Maintenance. (See also Part 2.1.2.3) As part of your preventive 

maintenance program, perform timely inspection and maintenance of stormwater 

management devices (e.g., cleaning oil and water separators and sediment traps to 

ensure that spent abrasives, paint chips, and solids will be intercepted and retained 

prior to entering the storm drainage system), as well as inspecting and testing facility 

equipment and systems to uncover conditions that could cause breakdowns or failures 

resulting in discharges of pollutants to surface waters. 

8.Q.4 Additional SWPPP Requirements. 

8.Q.4.1 Drainage Area Site Map. (See also Part 5.2.2) Document in your SWPPP where any of 

the following may be exposed to precipitation or surface runoff: fueling; engine 

maintenance and repair; vessel maintenance and repair; pressure washing; painting; 

sanding; blasting; welding; metal fabrication; loading and unloading areas; locations 

used for the treatment, storage, or disposal of wastes; liquid storage tanks; liquid 

storage areas (e.g., paint, solvents, resins); and material storage areas (e.g., blasting 

media, aluminum, steel, scrap iron).

8.Q.4.2 Summary of Potential Pollutant Sources. (See also Part 5.2.3) Document in the SWPPP 

the following additional sources and activities that have potential pollutants associated 

with them: outdoor manufacturing or processing activities (e.g., welding, metal 

fabricating) and significant dust or particulate generating processes (e.g., abrasive 

blasting, sanding, and painting.)

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8.Q.5 Additional Inspection Requirements. 

(See also Part 3.1) Include the following in all quarterly routine facility inspections: 

pressure washing area; blasting, sanding, and painting areas; material storage areas; engine 

maintenance and repair areas; material handling areas; drydock area; and general yard area. 

8.Q.6 Sector-Specific Benchmarks. 

Table 8.Q-1 identifies benchmarks that apply to Sector Q. These benchmarks apply to 

both your primary industrial activity and any co-located industrial activities. 

Table 8.Q-1. 

Subsector 

(You may be subject to requirements for 

more than one sector/subsector) 

Parameter Benchmark Monitoring 

Concentration 

Subsector Q1. Water Transportation 

Facilities 

(SIC 4412-4499) 

Total Aluminum 0.75 mg/L 

Total Iron 1.0 mg/L 

Total Lead 

(freshwater)2 

Total Lead 

(saltwater)1

Hardness Dependent 

0.21 mg/L 

Total Zinc 

(freshwater)2 

Total Zinc (saltwater)1 

Hardness Dependent 

0.09 mg/L 

1Saltwater benchmark values apply to stormwater discharges into saline waters where indicated. 

2 The freshwater benchmark values of some metals are dependent on water hardness. For these parameters, permittees 

must determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving Waters for 

Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable ‘hardness 

range’ for determining their benchmark value applicable to their facility. Hardness Dependent Benchmarks follow in 

the table below: 

Freshwater Hardness Range 

Lead 

(mg/L) 

Zinc 

(mg/L) 

0-24.99 mg/L 0.014 0.04 

25-49.99 mg/L 0.023 0.05 

50-74.99 mg/L 0.045 0.08 

75-99.99 mg/L 0.069 0.11 

100-124.99 mg/L 0.095 0.13 

125-149.99 mg/L 0.122 0.16 

150-174.99 mg/L 0.151 0.18 

175-199.99 mg/L 0.182 0.20 

200-224.99 mg/L 0.213 0.23 

225-249.99 mg/L 0.246 0.25 

250+ mg/L 0.262 0.26 

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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart R – Sector R – Ship and Boat Building and Repair Yards. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.R.1 Covered Stormwater Discharges. 

The requirements in Subpart R apply to stormwater discharges associated with industrial 

activity from Ship and Boat Building and Repair Yards as identified by the SIC Codes specified 

under Sector R in Table D-1 of Appendix D of the permit. 

8.R.2 Limitations on Coverage. 

8.R.2.1 Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) Discharges containing 

bilge and ballast water, sanitary wastes, pressure wash water, and cooling water 

originating from vessels are not covered by this permit. 

8.R.3 Additional Technology-Based Effluent Limits. 

8.R.3.1 Good Housekeeping Measures. (See also Part 2.1.2.2) 

8.R.3.1.1 Pressure Washing Area. If pressure washing is used to remove marine growth 

from vessels, the discharged water must be permitted as a process 

wastewater by a separate NPDES permit.

8.R.3.1.2 Blasting and Painting Area. Minimize the potential for spent abrasives, paint 

chips, and overspray to discharging into the receiving water or the storm 

sewer systems. Contain all blasting and painting activities, or use other 

measures to prevent the discharge of the contaminants (e.g., hanging plastic 

barriers or tarpaulins during blasting or painting operations to contain debris). 

When necessary, regularly clean stormwater conveyances of deposits of 

abrasive blasting debris and paint chips. 

8.R.3.1.3 Material Storage Areas. Store and plainly label all containerized materials 

(e.g., fuels, paints, solvents, waste oil, antifreeze, batteries) in a protected, 

secure location away from drains. Minimize the contamination of precipitation 

or surface runoff from the storage areas. If abrasive blasting is performed, 

discuss the storage and disposal of spent abrasive materials generated at the 

facility. Implement an inventory control plan to limit the presence of 

potentially hazardous materials onsite. 

8.R.3.1.4 Engine Maintenance and Repair Areas. Minimize the contamination of 

precipitation or surface runoff from all areas used for engine maintenance 

and repair. Implement appropriate control measures, such as the following (or 

their equivalents): performing all maintenance activities indoors, maintaining 

an organized inventory of materials used in the shop, draining all parts of fluid 

prior to disposal, prohibiting the practice of hosing down the shop floor, using 

dry cleanup methods, and treating and/or recycling stormwater runoff 

collected from the maintenance area. 

8.R.3.1.5 Material Handling Area. Minimize the contamination of precipitation or 

surface runoff from material handling operations and areas (e.g., fueling, 

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paint and solvent mixing, disposal of process wastewater streams from 

vessels). Implement appropriate control measures, such as the following (or 

their equivalents): covering fueling areas, using spill and overflow protection, 

mixing paints and solvents in a designated area (preferably indoors or under a 

shed), and minimizing stormwater run-on to material handling areas. 

8.R.3.1.6 Drydock Activities. Routinely maintain and clean the drydock to minimize 

pollutants in stormwater runoff. Clean accessible areas of the drydock prior to 

flooding and final cleanup following removal of the vessel and raising the 

dock. Include procedures for cleaning up oil, grease, or fuel spills occurring on 

the drydock. Implement appropriate control measures, such as the following 

(or their equivalents): sweeping rather than hosing off debris and spent 

blasting material from accessible areas of the drydock prior to flooding, and 

having absorbent materials and oil containment booms readily available to 

clean up and contain any spills. 

8.R.3.2 Employee Training. (See also Part 2.1.2.8) As part of your employee training program, 

address, at a minimum, the following activities (as applicable): used oil management, 

spent solvent management, disposal of spent abrasives, disposal of vessel wastewaters, 

spill prevention and control, fueling procedures, general good housekeeping practices, 

painting and blasting procedures, and used battery management. 

8.R.3.4 Preventive Maintenance. (See also Part 2.1.2.3) As part of your preventive 

maintenance program, perform timely inspection and maintenance of stormwater 

management devices (e.g., cleaning oil and water separators and sediment traps to 

ensure that spent abrasives, paint chips, and solids will be intercepted and retained 

prior to entering the storm drainage system), as well as inspecting and testing facility 

equipment and systems to uncover conditions that could cause breakdowns or failures 

resulting in discharges of pollutants to surface waters. 

8.R.4 Additional SWPPP Requirements. 

8.R.4.1 Drainage Area Site Map. (See also Part 5.2.2) Document in your SWPPP where any of 

the following may be exposed to precipitation or surface runoff: fueling; engine 

maintenance or repair; vessel maintenance or repair; pressure washing; painting; 

sanding; blasting; welding; metal fabrication; loading and unloading areas; treatment, 

storage, and waste disposal areas; liquid storage tanks; liquid storage areas (e.g., paint, 

solvents, resins); and material storage areas (e.g., blasting media, aluminum, steel, 

scrap iron).

8.R.4.2 Potential Pollutant Sources. (See also Part 5.2.3) Document in your SWPPP the following 

additional sources and activities that have potential pollutants associated with them (if 

applicable): outdoor manufacturing or processing activities (e.g., welding, metal 

fabricating) and significant dust or particulate generating processes (e.g., abrasive 

blasting, sanding, and painting). 

8.R.4.3 Documentation of Good Housekeeping Measures. Document in your SWPPP any good 

housekeeping measures implemented to meet the effluent limits in Part 8.R.3. 

8.R.4.3.1 Blasting and Painting Areas. Document in the SWPPP any standard operating 

practices relating to blasting and painting (e.g., prohibiting uncontained 

blasting and painting over open water or prohibiting blasting and painting 

during windy conditions, which can render containment ineffective).

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8.R.4.3.2 Storage Areas. Specify in your SWPPP which materials are stored indoors, and 

contain or enclose or use other measures for those stored outdoors. 

8.R.5 Additional Inspection Requirements. 

(See also Part 3.1) Include the following in all quarterly routine facility inspections: 

pressure washing area; blasting, sanding, and painting areas; material storage areas; engine 

maintenance and repair areas; material handling areas; drydock area; and general yard area.

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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart S – Sector S – Air Transportation. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.S.1 Covered Stormwater Discharges. 

The requirements in Subpart S apply to stormwater discharges associated with industrial 

activity from Air Transportation facilities identified by the SIC Codes specified under Sector S in 

Table D-1 of Appendix D of the permit. 

8.S.2 Limitation on Coverage 

8.S.2.1 Limitations on Coverage. This permit authorizes stormwater discharges from only those 

portions of the air transportation facility that are involved in vehicle maintenance 

(including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication), 

equipment cleaning operations or deicing operations. 

Note: “deicing” will generally be used to imply both deicing (removing frost, snow or 

ice) and anti-icing (preventing accumulation of frost, snow or ice) activities, unless 

specific mention is made regarding anti-icing and/or deicing activities. 

8.S.2.2 Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4 and Part 8.S.3) This permit 

does not authorize the discharge of aircraft, ground vehicle, runway and equipment 

washwaters; nor the dry weather discharge of deicing chemicals. Such discharges must 

be covered by separate NPDES permit(s). Note that a discharge resulting from 

snowmelt is not a dry weather discharge. 

8.S.3 Additional Technology-Based Effluent Limits. 

8.S.3.1 Good Housekeeping Measures. (See also Part 2.1.2.2) 

8.S.3.1.1 Aircraft, Ground Vehicle and Equipment Maintenance Areas. Minimize the 

contamination of stormwater runoff from all areas used for aircraft, ground 

vehicle and equipment maintenance (including the maintenance 

conducted on the terminal apron and in dedicated hangers). Implement 

appropriate control measures, such as the following practices (or their 

equivalents): performing maintenance activities indoors; maintaining an 

organized inventory of material used in the maintenance areas; draining all 

parts of fluids prior to disposal; prohibiting the practice of hosing down the 

apron or hanger floor; using dry cleanup methods; and collecting the 

stormwater runoff from the maintenance area and providing treatment or 

recycling. 

8.S.3.1.2 Aircraft, Ground Vehicle and Equipment Cleaning Areas. (See also Part 

8.S.3.6) Clearly demarcate these areas on the ground using signage or other 

appropriate means. Minimize the contamination of stormwater runoff from 

cleaning areas. 

8.S.3.1.3 Aircraft, Ground Vehicle and Equipment Storage Areas. Store all aircraft, 

ground vehicles and equipment awaiting maintenance in designated areas 

only and minimize the contamination of stormwater runoff from these storage 

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areas. Implement appropriate control measures, such as the following, 

including any BMPs (or their equivalents): storing aircraft and ground vehicles 

indoors; using drip pans for the collection of fluid leaks; and perimeter drains, 

dikes or berms surrounding the storage areas. 

8.S.3.1.4 Material Storage Areas. Maintain the vessels of stored materials (e.g., used oils, 

hydraulic fluids, spent solvents, and waste aircraft fuel) in good condition, to 

prevent or minimize contamination of stormwater. Also plainly label the vessels 

(e.g., “used oil,” “Contaminated Jet A,” etc.). Minimize contamination of 

precipitation/runoff from these areas. Implement appropriate control 

measures, such as the following (or their equivalents): storing materials indoors; 

storing waste materials in a centralized location; and installing berms/dikes 

around storage areas. 

8.S.3.1.5 Airport Fuel System and Fueling Areas. Minimize the discharge of fuel to the 

storm sewer/surface waters resulting from fuel servicing activities or other 

operations conducted in support of the airport fuel system. Implement 

appropriate control measures, such as the following control measures (or their 

equivalents): implementing spill and overflow practices (e.g., placing 

absorptive materials beneath aircraft during fueling operations); using only dry 

cleanup methods; and collecting stormwater runoff. 

8.S.3.1.6 Source Reduction. Minimize, and where practicable eliminate, the use of 

urea and glycol-based deicing chemicals, in order to reduce the aggregate 

amount of deicing chemicals used and/or lessen the environmental impact. 

Chemical options to replace ethylene glycol, propylene glycol and urea 

include: potassium acetate; magnesium acetate; calcium acetate; and 

anhydrous sodium acetate. 

8.S.3.1.6.1 Runway Deicing Operation: Minimize contamination of stormwater 

runoff from runways as a result of deicing operations. Evaluate 

whether over-application of deicing chemicals occurs by 

analyzing application rates, and adjust as necessary, consistent 

with considerations of flight safety. Implement appropriate control 

measures, such as the following options (or their equivalents): 

metered application of chemicals; pre-wetting dry chemical 

constituents prior to application; installing a runway ice detection 

system; implementing anti-icing operations as a preventive 

measure against ice buildup. 

8.S.3.1.6.2 Aircraft Deicing Operations. Minimize contamination of stormwater 

runoff from aircraft deicing operations. Determine whether 

excessive application of deicing chemicals occurs and adjust as 

necessary, consistent with considerations of flight safety. This 

evaluation should be carried out by the personnel most familiar 

with the particular aircraft and flight operations in question (versus 

an outside entity such as the airport authority). Use benign 

alternative deicing/anti-icing techniques and agents as well as 

containment measures for all applied chemicals where 

practicable. Implement appropriate control measures, such as the 

following options (or their equivalents) for reducing deicing fluid 

use: forced-air deicing systems, computer-controlled fixed-gantry 

systems, infrared technology, hot water, varying glycol content to 

air temperature, enclosed-basket deicing trucks, mechanical 

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methods, solar radiation, hangar storage, aircraft covers, and 

thermal blankets for MD-80s and DC-9s. Use ice-detection systems 

and airport traffic flow strategies and departure slot allocation 

systems where practicable. 

8.S.3.1.7 Management of Runoff. (See also 2.1.2.6) Where deicing operations occur, 

implement a program to control or manage contaminated runoff to minimize 

the amount of pollutants being discharged from the site. Where practicable, 

install a centralized deicing pad to recover deicing fluid following application, 

or where impracticable, use vacuum/collection trucks (glycol recovery 

vehicles). Also, consider these control measure options (or their equivalents): a 

dedicated deicing facility with a runoff collection/ recovery system; using 

vacuum/collection trucks; storing contaminated stormwater/deicing fluids in 

tanks and releasing controlled amounts to a publicly owned treatment works; 

collecting contaminated runoff in a wet pond for biochemical decomposition 

(be aware of attracting wildlife that may prove hazardous to flight 

operations); and directing runoff into vegetative swales or other infiltration 

measures. Recover deicing materials when these materials are applied during 

non-precipitation events (e.g., covering storm sewer inlets, using booms, 

installing absorptive interceptors in the drains, etc.) to prevent these materials 

from later becoming a source of stormwater contamination. Used deicing 

fluid should be recycled whenever possible. 

8.S.3.2 Deicing Season. You must determine the seasonal timeframe (e.g., DecemberFebruary, October - March) during which deicing activities typically occur at the 

facility. Implementation of control measures, including any BMPs, facility inspections 

and monitoring must be conducted with particular emphasis throughout the defined 

deicing season. If you meet the deicing chemical usage thresholds of 100,000 gallons 

glycol and/or 100 tons of urea, the deicing season you identified is the timeframe 

during which you must obtain the four required benchmark monitoring event results for 

deicing-related parameters, i.e., BOD, COD, ammonia and pH. See also Part 8.S.6. 

8.S.4 Additional SWPPP Requirements. 

An airport authority and tenants of the airport are encouraged to work in partnership in 

the development of a SWPPP. If an airport tenant obtains authorization under this permit and 

develops a SWPPP for discharges from his own areas of the airport, prior to authorization, that 

SWPPP must be coordinated and integrated with the SWPPP for the entire airport. Tenants of the 

airport facility include air passenger or cargo companies, fixed based operators and other 

parties who have contracts with the airport authority to conduct business operations on airport 

property and whose operations result in stormwater discharges associated with industrial activity. 

8.S.4.1 Drainage Area Site Map. (See also Part 5.2.2) Document in the SWPPP the following 

areas of the facility and indicate whether activities occurring there may be exposed to 

precipitation/surface runoff: aircraft and runway deicing operations; fueling stations; 

aircraft, ground vehicle and equipment maintenance/cleaning areas; storage areas 

for aircraft, ground vehicles and equipment awaiting maintenance. 

8.S.4.2 Potential Pollutant Sources. (See also Part 5.2.3) In your inventory of exposed materials, 

describe in your SWPPP the potential for the following activities and facility areas to 

contribute pollutants to stormwater discharges: aircraft, runway, ground vehicle and 

equipment maintenance and cleaning; aircraft and runway deicing operations 

(including apron and centralized aircraft deicing stations, runways, taxiways and 

ramps). If you use deicing chemicals, you must maintain a record of the types 

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(including the Material Safety Data Sheets [MSDS]) used and the monthly quantities, 

either as measured or, in the absence of metering, as estimated to the best of your 

knowledge. This includes all deicing chemicals, not just glycols and urea (e.g., 

potassium acetate), because large quantities of these other chemicals can still have 

an adverse impact on receiving waters. Tenants or other fixed-based operations that 

conduct deicing operations must provide the above information to the airport 

authority for inclusion with any comprehensive airport SWPPPs. 

8.S.4.3 Vehicle and Equipment Washwater Requirements. Attach to or reference in your 

SWPPP, a copy of the NPDES permit issued for vehicle/equipment washwater or, if an 

NPDES permit has not been issued, a copy of the pending application. If an industrial 

user permit is issued under a local pretreatment program, include a copy in your 

SWPPP. In any case, if you are subject to another permit, describe your control 

measures for implementing all non-stormwater discharge permit conditions or 

pretreatment requirements in your SWPPP. If washwater is handled in another manner 

(e.g., hauled offsite, retained onsite), describe the disposal method and attach all 

pertinent documentation/information (e.g., frequency, volume, destination, etc.) in 

your SWPPP. 

8.S.4.4 Documentation of Control Measures Used for Management of Runoff: Document in 

your SWPPP the control measures used for collecting or containing contaminated melt 

water from collection areas used for disposal of contaminated snow. 

8.S.5 Additional Inspection Requirements. 

 At a minimum conduct facility inspections at least monthly during the deicing season 

(e.g., October through April for most mid-latitude airports). If your facility needs to deice before 

or after this period, expand the monthly inspections to include all months during which deicing 

chemicals may be used. The Director may specifically require you to increase inspection 

frequencies. 

8.S.6 Sector-Specific Benchmarks. 

Table 8.S-1 identifies benchmarks that apply to Sector S. These benchmarks apply to 

both your primary industrial activity and any co-located industrial activities.

Table 8.S-1. 

Subsector 

(You may be subject to requirements for 

more than one sector/subsector) 

Parameter 

Benchmark 

Monitoring 

Concentration 

For airports where a single permittee, or a 

combination of permitted facilities use more 

than 100,000 gallons of glycol-based deicing 

chemicals and/or 100 tons or more of urea 

on an average annual basis, monitor the first 

four parameters in ONLY those outfalls that 

collect runoff from areas where deicing 

activities occur (SIC 4512-4581). 

Biochemical Oxygen 

Demand (BOD5)1 

30 mg/L 

Chemical Oxygen Demand 

(COD)1 

120 mg/L 

Ammonia1 2.14 mg/L 

pH1 6.0 - 9.0 s.u. 

1 These are deicing-related parameters. Collect the four benchmark samples, and any required follow-up benchmark 

samples, during the timeframe defined in Part 8.S.3.2 when deicing activities are occurring.

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8.S.7 Effluent Limitations Based on Effluent Limitations Guidelines (See also Part 6.2.2.1 of the 

permit.) 

8.S.7.1 Airfield Pavement Deicing. Existing and new primary airports with 1,000 or more annual 

jet departures ("non-propeller aircraft") that discharge wastewater associated with 

airfield pavement deicing commingled with stormwater must either use non-ureacontaining deicers or meet the effluent limit in Table 8-S-2. 

8.S.7.2 Aircraft Deicing. Airports meeting the definition of a new source (“new airports”) with 

10,000 annual departures located in cold climate zones must collect 60 percent of 

aircraft deicing fluid after deicing. See 40 CFR 449.11 for the Airport Effluent Limitation 

Guidelines requirements for this new source category. Discharges of the collected 

aircraft deicing fluid directly to waters of the U.S. are not eligible for coverage under 

this permit. 

8.S.7.3 Monitoring, Reporting and Recordkeeping. For new airports subject to the effluent 

limitations in 8.S.7.2, you must comply with the monitoring, reporting and recordkeeping 

requirements outlined in 40 CFR 449.20(a)(1) and (2).

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Table 8.S-2 

Industrial Activity Parameter Effluent Limit 

Existing and new primary airports with 

1,000 or more annual jet departures that 

discharge wastewater associated with 

airfield pavement deicing that contains 

urea commingled with stormwater 

Ammonia as Nitrogen 14.7 mg/L, daily 

maximum 

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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart T – Sector T – Treatment Works. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.T.1 Covered Stormwater Discharges. 

The requirements in Subpart T apply to stormwater discharges associated with industrial 

activity from Treatment Works as identified by the Activity Code specified under Sector T in Table 

D-1 of Appendix D of the permit. 

8.T.2 Industrial Activities Covered by Sector T. 

The requirements listed under this part apply to all existing point source stormwater 

discharges associated with the following activities: 

8.T.2.1 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 a facility with a design flow of 1.0 million 

gallons per day (MGD) or more; or are required to have an approved pretreatment 

program under 40 CFR Part 403. 

8.T.2.2 The following are not required to have permit coverage: farm lands, domestic gardens 

or lands used for sludge management where sludge is beneficially reused and which 

are not physically located within the facility, or areas that are in compliance with 

Section 405 of the CWA. 

8.T.3 Limitations on Coverage. 

8.T.3.1 Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) Sanitary and industrial 

wastewater and equipment and vehicle washwater are not authorized by this permit. 

8.T.4 Additional Technology-Based Effluent Limits. 

8.T.4.1 Control Measures. (See also the non-numeric effluent limits in Part 2.1.2) In addition to 

the other control measures, evaluate implementation of the following additional 

control measures: routing stormwater to the treatment works; or covering exposed 

materials (i.e., from the following areas: grit, screenings, and other solids handling, 

storage, or disposal areas; sludge drying beds; dried sludge piles; compost piles; and 

septage or hauled waste receiving station). 

8.T.4.2 Employee Training. (See also Part 2.1.2.8) At a minimum, training must address the 

following areas when applicable to a facility: petroleum product management; 

process chemical management; spill prevention and controls; fueling procedures; 

general good housekeeping practices; and proper procedures for using fertilizer, 

herbicides, and pesticides.

8.T.5 Additional SWPPP Requirements. 

8.T.5.1 Site Map. (See also Part 5.2.2) Document in your SWPPP where any of the following may 

be exposed to precipitation or surface runoff: grit, screenings, and other solids 

handling, storage, or disposal areas; sludge drying beds; dried sludge piles; compost 

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piles; septage or hauled waste receiving station; and storage areas for process 

chemicals, petroleum products, solvents, fertilizers, herbicides, and pesticides. 

8.T.5.2 Potential Pollutant Sources. (See also Part 5.2.3) Document in your SWPPP the following 

additional sources and activities that have potential pollutants associated with them, 

as applicable: grit, screenings, and other solids handling, storage, or disposal areas; 

sludge drying beds; dried sludge piles; compost piles; septage or hauled waste 

receiving station; and access roads and rail lines. 

8.T.5.3 Wastewater and Washwater Requirements. Keep a copy of all your current NPDES 

permits issued for wastewater and industrial, vehicle and equipment washwater 

discharges or, if an NPDES permit has not yet been issued, a copy of the pending 

application(s) with your SWPPP. If the washwater is handled in another manner, the 

disposal method must be described and all pertinent documentation must be retained 

onsite. 

8.T.6 Additional Inspection Requirements. 

(See also Part 3.1) Include the following areas in all inspections: access roads and rail 

lines; grit, screenings, and other solids handling, storage, or disposal areas; sludge drying beds; 

dried sludge piles; compost piles; and septage or hauled waste receiving station. 

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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart U – Sector U – Food and Kindred Products. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.U.1 Covered Stormwater Discharges. 

The requirements in Subpart U apply to stormwater discharges associated with industrial 

activity from Food and Kindred Products facilities as identified by the SIC Codes specified in 

Table D-1 of Appendix D of the permit. 

8.U.2 Limitations on Coverage. 

8.U.2.1 Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) The following discharges 

are not authorized by this permit: discharges containing boiler blowdown, cooling tower 

overflow and blowdown, ammonia refrigeration purging, and vehicle washing and 

clean-out operations. 

8.U.3 Additional Technology-Based Limitations. 

8.U.3.1 Employee Training. (See also Part 2.1.2.8) Address pest control in your employee training 

program. 

8.U.4 Additional SWPPP Requirements. 

8.U.4.1 Drainage Area Site Map. (See also Part 5.2.2) Document in your SWPPP the locations of 

the following activities if they are exposed to precipitation or runoff: vents and stacks 

from cooking, drying, and similar operations; dry product vacuum transfer lines; animal 

holding pens; spoiled product; and broken product container storage areas. 

8.U.4.2 Potential Pollutant Sources. (See also Part 5.2.3) Document in your SWPPP, in addition to 

food and kindred products processing-related industrial activities, application and 

storage of pest control chemicals (e.g., rodenticides, insecticides, fungicides) used on 

plant grounds. 

8.U.5 Additional Inspection Requirements. 

(See also Part 3.1) Inspect on a quarterly basis, at a minimum, the following areas where 

the potential for exposure to stormwater exists: loading and unloading areas for all significant 

materials; storage areas, including associated containment areas; waste management units; 

vents and stacks emanating from industrial activities; spoiled product and broken product 

container holding areas; animal holding pens; staging areas; and air pollution control 

equipment. 

8.U.6 Sector-Specific Benchmarks. 

Table 8.U-1 identifies benchmarks that apply to the specific subsectors of Sector U. These 

benchmarks apply to both your primary industrial activity and any co-located industrial 

activities. 

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Table 8.U-1. 

Subsector 

(You may be subject to requirements 

for more than one Sector / 

Subsector) 

Parameter 

Benchmark 

Monitoring 

Concentration 

Subsector U1. Grain Mill Products (SIC 

2041-2048) 

Total Suspended Solids (TSS) 100 mg/L 

Subsector U2. Fats and Oils Products 

(SIC 2074-2079) 

Biochemical Oxygen Demand 

(BOD5)

30 mg/L 

Chemical Oxygen Demand 

(COD)

120 mg/L 

Nitrate plus Nitrite Nitrogen 0.68 mg/L 

Total Suspended Solids (TSS) 100 mg/L 

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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart V – Sector V – Textile Mills, Apparel, and Other Fabric Products. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.V.1 Covered Stormwater Discharges. 

The requirements in Subpart V apply to stormwater discharges associated with industrial 

activity from Textile Mills, Apparel, and Other Fabric Product manufacturing as identified by the 

SIC Codes specified under Sector V in Table D-1 of Appendix D of the permit. 

8.V.2 Limitations on Coverage. 

8.V.2.1 Prohibition of Non-Stormwater Discharges. (See also Part 1.1.4) The following are not 

authorized by this permit: discharges of wastewater (e.g., wastewater resulting from 

wet processing or from any processes relating to the production process), reused or 

recycled water, and waters used in cooling towers. If you have these types of 

discharges from your facility, you must cover them under a separate NPDES permit. 

8.V.3 Additional Technology-Based Limitations. 

8.V.3.1 Good Housekeeping Measures. (See also Part 2.1.2.2) 

8.V.3.1.1 Material Storage Areas. Plainly label and store all containerized materials 

(e.g., fuels, petroleum products, solvents, and dyes) in a protected area, 

away from drains. Minimize contamination of the stormwater runoff from such 

storage areas. Also consider an inventory control plan to prevent excessive 

purchasing of potentially hazardous substances. For storing empty chemical 

drums or containers, ensure that the drums and containers are clean 

(consider triple-rinsing) and that there is no contact of residuals with 

precipitation or runoff. Collect and dispose of washwater from these 

cleanings properly. 

8.V.3.1.2 Material Handling Areas. Minimize contamination of stormwater runoff from 

material handling operations and areas. Implement appropriate control 

measures, such as the following (or their equivalents): use of spill and overflow 

protection; covering fueling areas; and covering or enclosing areas where the 

transfer of material may occur. When applicable, address the replacement or 

repair of leaking connections, valves, transfer lines, and pipes that may carry 

chemicals, dyes, or wastewater. 

8.V.3.1.3 Fueling Areas. Minimize contamination of stormwater runoff from fueling areas. 

Implement appropriate control measures, such as the following (or their 

equivalents): covering the fueling area, using spill and overflow protection, 

minimizing run-on of stormwater to the fueling areas, using dry cleanup 

methods, and treating and/or recycling stormwater runoff collected from the 

fueling area. 

8.V.3.1.4 Above-Ground Storage Tank Area. Minimize contamination of the stormwater 

runoff from above-ground storage tank areas, including the associated piping 

and valves. Implement appropriate control measures, such as the following 

(or their equivalents): regular cleanup of these areas; including measures for 

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tanks, piping and valves explicitly in your SPCC program; minimizing runoff of 

stormwater from adjacent areas; restricting access to the area; inserting filters 

in adjacent catch basins; providing absorbent booms in unbermed fueling 

areas; using dry cleanup methods; and permanently sealing drains within 

critical areas that may discharge to a storm drain. 

8.V.3.2 Employee Training. (See also Part 2.1.2.8) As part of your employee training program, 

address, at a minimum, the following activities (as applicable): use of reused and 

recycled waters, solvents management, proper disposal of dyes, proper disposal of 

petroleum products and spent lubricants, spill prevention and control, fueling 

procedures, and general good housekeeping practices. 

8.V.4 Additional SWPPP Requirements. 

8.V.4.1 Potential Pollutant Sources. (See also Part 5.2.3) Document in your SWPPP the following 

additional sources and activities that have potential pollutants associated with them: 

industry-specific significant materials and industrial activities (e.g., backwinding, 

beaming, bleaching, backing bonding, carbonizing, carding, cut and sew operations, 

desizing, drawing, dyeing locking, fulling, knitting, mercerizing, opening, packing, 

plying, scouring, slashing, spinning, synthetic-felt processing, textile waste processing, 

tufting, turning, weaving, web forming, winging, yarn spinning, and yarn texturing). 

8.V.4.2 Description of Good Housekeeping Measures for Material Storage Areas. Document in 

the SWPPP your containment area or enclosure for materials stored outdoors in 

connection with Part 8.V.3.1.1 above. 

8.V.5 Additional Inspection Requirements. 

Inspect, at least monthly, the following activities and areas (at a minimum): transfer and 

transmission lines, spill prevention, good housekeeping practices, management of process waste 

products, and all structural and nonstructural management practices. 

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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart W – Sector W – Furniture and Fixtures. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.W.1 Covered Stormwater Discharges. 

The requirements in Subpart W apply to stormwater discharges associated with industrial 

activity from Furniture and Fixtures facilities as identified by the SIC Codes specified under Sector 

W in Table D-1 of Appendix D of the permit. 

8.W.2 Additional SWPPP Requirements. 

8.W.2.1 Drainage Area Site Map. (See also Part 5.2.2) Document in your SWPPP where any of 

the following may be exposed to precipitation or surface runoff: material storage 

(including tanks or other vessels used for liquid or waste storage) areas; outdoor 

material processing areas; areas where wastes are treated, stored, or disposed of; 

access roads; and rail spurs. 

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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart X – Sector X – Printing and Publishing. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.X.1 Covered Stormwater Discharges. 

The requirements in Subpart X apply to stormwater discharges associated with industrial 

activity from Printing and Publishing facilities as identified by the SIC Codes specified under 

Sector X in Table D-1 of Appendix D of the permit. 

8.X.2 Additional Technology-Based Effluent Limits. 

8.X.2.1 Good Housekeeping Measures. (See also Part 2.1.2.2) 

8.X.2.1.1 Material Storage Areas. Plainly label and store all containerized materials 

(e.g., skids, pallets, solvents, bulk inks, hazardous waste, empty drums, 

portable and mobile containers of plant debris, wood crates, steel racks, and 

fuel oil) in a protected area, away from drains. Minimize contamination of the 

stormwater runoff from such storage areas. Also consider an inventory control 

plan to prevent excessive purchasing of potentially hazardous substances. 

8.X.2.1.2 Material Handling Area. Minimize contamination of stormwater runoff from 

material handling operations and areas (e.g., blanket wash, mixing solvents, 

loading and unloading materials). Implement appropriate control measures, 

such as the following (or their equivalents): using spill and overflow protection, 

covering fueling areas, and covering or enclosing areas where the transfer of 

materials may occur. When applicable, address the replacement or repair of 

leaking connections, valves, transfer lines, and pipes that may carry 

chemicals or wastewater. 

8.X.2.1.3 Fueling Areas. Minimize contamination of stormwater runoff from fueling areas. 

Implement appropriate control measures, such as the following (or their 

equivalents): covering the fueling area, using spill and overflow protection, 

minimizing runoff of stormwater to the fueling areas, using dry cleanup 

methods, and treating and/or recycling stormwater runoff collected from the 

fueling area. 

8.X.2.1.4 Above Ground Storage Tank Area. Minimize contamination of the stormwater 

runoff from above-ground storage tank areas, including the associated piping 

and valves. Consider the following (or their equivalents): regularly cleaning 

these areas, explicitly addressing tanks, piping and valves in the SPCC 

program, minimizing stormwater runoff from adjacent areas, restricting access 

to the area, inserting filters in adjacent catch basins, providing absorbent 

booms in unbermed fueling areas, using dry cleanup methods, and 

permanently sealing drains within critical areas that may discharge to a storm 

drain.

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8.X.2.2 Employee Training. (See also Part 2.1.2.8) As part of your employee training program, 

address, at a minimum, the following activities (as applicable): spent solvent 

management, spill prevention and control, used oil management, fueling procedures, 

and general good housekeeping practices. 

8.X.3 Additional SWPPP Requirements. 

8.X.3.1 Description of Good Housekeeping Measures for Material Storage Areas. In connection 

with Part 8.X.2.1.1, describe in the SWPPP the containment area or enclosure for 

materials stored outdoors. 

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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart Y – Sector Y – Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing 

Industries. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.Y.1 Covered Stormwater Discharges. 

The requirements in Subpart Y apply to stormwater discharges associated with industrial 

activity from Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries 

facilities as identified by the SIC Codes specified under Sector Y in Table D-1 of Appendix D of 

the permit. 

8.Y.2 Additional Technology-Based Effluent Limits. 

8.Y.2.1 Controls for Rubber Manufacturers. (See also Part 2.1.2) Minimize the discharge of zinc 

in your stormwater discharges. Parts 8.Y.2.1.1 to 8.Y.2.1.5 give possible sources of zinc to 

be reviewed and list some specific control measures to be implemented (or their 

equivalents). In addition to these control measures the following include some 

additional general control measure options to be evaluated for implementation: using 

chemicals purchased in pre-weighed, sealed polyethylene bags; storing in-use 

materials in sealable containers, ensuring an airspace between the container and the 

cover to minimize “puffing” losses when the container is opened, and using automatic 

dispensing and weighing equipment. 

8.Y.2.1.1 Zinc Bags. Ensure proper handling and storage of zinc bags at your facility. 

Following are some control measure options: employee training on the 

handling and storage of zinc bags, indoor storage of zinc bags, cleanup of 

zinc spills without washing the zinc into the storm drain, and the use of 2,500-

pound sacks of zinc rather than 50- to 100-pound sacks. 

8.Y.2.1.2 Dumpsters. Minimize discharges of zinc from dumpsters. Following are some 

control measure options: covering the dumpster, moving the dumpster 

indoors, or providing a lining for the dumpster. 

8.Y.2.1.3 Dust Collectors and Baghouses. Minimize contributions of zinc to stormwater 

from dust collectors and baghouses. Replace or repair, as appropriate, 

improperly operating dust collectors and baghouses. 

8.Y.2.1.4 Grinding Operations. Minimize contamination of stormwater as a result of dust 

generation from rubber grinding operations. One control measure option is to 

install a dust collection system. 

8.Y.2.1.5 Zinc Stearate Coating Operations. Minimize the potential for stormwater 

contamination from drips and spills of zinc stearate slurry that may be released 

to the storm drain. One control measure option is to use alternative 

compounds to zinc stearate. 

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8.Y.2.2 Controls for Plastic Products Manufacturers. Minimize the discharge of plastic resin 

pellets in your stormwater discharges. Control measures to be implemented (or their 

equivalents) include minimizing spills, cleaning up of spills promptly and thoroughly, 

sweeping thoroughly, pellet capturing, employee education, and disposal precautions. 

8.Y.3 Additional SWPPP Requirements. 

8.Y.3.1 Potential Pollutant Sources for Rubber Manufacturers. (See also Part 5.2.3) Document in 

your SWPPP the use of zinc at your facility and the possible pathways through which 

zinc may be discharged in stormwater runoff. 

8.Y.4 Sector-Specific Benchmarks. 

Table 8.Y-1 identifies benchmarks that apply to Sector Y. These benchmarks apply to 

both your primary industrial activity and any co-located industrial activities.

Table 8.Y-1. 

Subsector 

(You may be subject to requirements for more 

than one sector/subsector) 

Parameter Benchmark Monitoring 

Concentration 

Subsector Y1. Rubber Products Manufacturing 

(SIC 3011, 3021, 3052, 3053, 3061, 3069) 

Total Zinc 

(freshwater)2 

Total Zinc 

(saltwater)1 

Hardness Dependent 

0.09 mg/L 

1Saltwater benchmark values apply to stormwater discharges into saline waters where indicated. 

2 The freshwater benchmark values of some metals are dependent on water hardness. For these parameters, 

permittees must determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in 

Receiving Waters for Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify 

the applicable ‘hardness range’ for determining their benchmark value applicable to their facility. Hardness 

Dependent Benchmarks follow in the table below: 

Freshwater Hardness Range 

Zinc 

(mg/L) 

0-24.99 mg/L 0.04 

25-49.99 mg/L 0.05 

50-74.99 mg/L 0.08 

75-99.99 mg/L 0.11 

100-124.99 mg/L 0.13 

125-149.99 mg/L 0.16 

150-174.99 mg/L 0.18 

175-199.99 mg/L 0.20 

200-224.99 mg/L 0.23 

225-249.99 mg/L 0.25 

250+ mg/L 0.26 

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2015 MSGP Biological Opinion A-145
Proposed 2013 MSGP

Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart Z – Sector Z – Leather Tanning and Finishing. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.Z.1 Covered Stormwater Discharges. 

The requirements in Subpart Z apply to stormwater discharges associated with industrial 

activity from Leather Tanning and Finishing facilities as identified by the SIC Code specified 

under Sector Z in Table D-1 of Appendix D of the permit. 

8.Z.2 Additional Technology-Based Effluent Limits. 

8.Z.2.3 Good Housekeeping Measures. (See also Part 2.1.2.2) 

8.Z.2.3.1 Storage Areas for Raw, Semiprocessed, or Finished Tannery By-products. 

Minimize contamination of stormwater runoff from pallets and bales of raw, 

semiprocessed, or finished tannery by-products (e.g., splits, trimmings, 

shavings). Store or protect indoors with polyethylene wrapping, tarpaulins, 

roofed storage, etc. where practicable. Place materials on an impermeable 

surface and enclose or put berms (or equivalent measures) around the area 

to prevent stormwater run-on and runoff where practicable. 

8.Z.2.3.2 Material Storage Areas. Label storage containers of all materials (e.g., specific 

chemicals, hazardous materials, spent solvents, waste materials) and minimize 

contact of such materials with stormwater. 

8.Z.2.3.3 Buffing and Shaving Areas. Minimize contamination of stormwater runoff with 

leather dust from buffing and shaving areas. Implement dust collection 

enclosures, preventive inspection and maintenance programs, or other 

appropriate preventive measures where practicable. 

8.Z.2.3.4 Receiving, Unloading, and Storage Areas. Minimize contamination of 

stormwater runoff from receiving, unloading, and storage areas. If these areas 

are exposed, implement appropriate control measures, such as the following 

(or their equivalents): covering all hides and chemical supplies, diverting 

drainage to the process sewer, or grade berming or curbing the area to 

prevent stormwater runoff. 

8.Z.2.3.5 Outdoor Storage of Contaminated Equipment. Minimize contact of 

stormwater with contaminated equipment. Implement appropriate control 

measures, such as the following (or their equivalents): covering equipment, 

diverting drainage to the process sewer, and cleaning thoroughly prior to 

storage. 

8.Z.2.3.6 Waste Management. Minimize contamination of stormwater runoff from waste 

storage areas. Implement appropriate control measures, such as the following 

(or their equivalents): covering dumpsters, moving waste management 

activities indoors, covering waste piles with temporary covering material such 

as tarpaulins or polyethylene, and minimizing stormwater runoff by enclosing 

the area or building berms around the area. 

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8.Z.3 Additional SWPPP Requirements. 

8.Z.3.1 Drainage Area Site Map. (See also Part 5.2.2) Identify in your SWPPP where any of the 

following may be exposed to precipitation or surface runoff: processing and storage 

areas of the beamhouse, tanyard, and re-tan wet finishing and dry finishing operations.

8.Z.3.2 Potential Pollutant Sources. (See also Part 5.2.3) Document in your SWPPP the following 

sources and activities that have potential pollutants associated with them (as 

appropriate): temporary or permanent storage of fresh and brine-cured hides; 

extraneous hide substances and hair; leather dust, scraps, trimmings, and shavings.

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2015 MSGP Biological Opinion A-147
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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart AA – Sector AA – Fabricated Metal Products 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.AA.1 Covered Stormwater Discharges. 

The requirements in Subpart AA apply to stormwater discharges associated with industrial 

activity from Fabricated Metal Products facilities as identified by the SIC Codes specified under 

Sector AA in Table D-1 of Appendix D of the permit. 

8.AA.2 Additional Technology-Based Effluent Limits. 

8.AA.2.1 Good Housekeeping Measures. (See also Part 2.1.2.2) 

8.AA.2.1.1 Raw Steel Handling Storage. Minimize the generation of and/or recover and 

properly manage scrap metals, fines, and iron dust. Include measures for 

containing materials within storage handling areas. 

8.AA.2.1.2 Paints and Painting Equipment. Minimize exposure of paint and painting 

equipment to stormwater. 

8.AA.2.2 Spill Prevention and Response Procedures. (See also Part 2.1.2.4) Ensure that the 

necessary equipment to implement a cleanup is available to personnel. The following 

areas should be addressed 

8.AA.2.2.1 Metal Fabricating Areas. Maintain clean, dry, orderly conditions in these 

areas. Use dry clean-up techniques where practicable. 

8.AA.2.2.2 Storage Areas for Raw Metal. Keep these areas free of conditions that could 

cause, or impede appropriate and timely response to, spills or leakage of 

materials. Implement appropriate control measures, such as the following (or 

their equivalents): maintaining storage areas so that there is easy access in 

the event of a spill, and labeling stored materials to aid in identifying spill 

contents. 

8.AA.2.2.3 Metal Working Fluid Storage Areas. Minimize the potential for stormwater 

contamination from storage areas for metal working fluids. 

8.AA.2.2.4 Cleaners and Rinse Water. Control and clean up spills of solvents and other 

liquid cleaners, control sand buildup and disbursement from sand-blasting 

operations, and prevent exposure of recyclable wastes. Substitute 

environmentally benign cleaners when possible. 

8.AA.2.2.5 Lubricating Oil and Hydraulic Fluid Operations. Minimize the potential for 

stormwater contamination from lubricating oil and hydraulic fluid operations. 

Use monitoring equipment or other devices to detect and control leaks and 

overflows where practicable. Install perimeter controls such as dikes, curbs, 

grass filter strips, or equivalent measures where practicable. 

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8.AA.2.2.6 Chemical Storage Areas. Minimize stormwater contamination and accidental 

spillage in chemical storage areas. Include a program to inspect containers 

and identify proper disposal methods. 

8.AA.2.3 Spills and Leaks. (See also Part 5.2.3.3) In your spill prevention and response procedures, 

required by Part 2.1.2.4, pay attention to the following materials (at a minimum): 

chromium, toluene, pickle liquor, sulfuric acid, zinc and other water priority chemicals, 

and hazardous chemicals and wastes.

8.AA.3 Additional SWPPP Requirements. 

8.AA.3.1 Drainage Area Site Map. (See also Part 5.2.2) Document in your SWPPP where any of 

the following may be exposed to precipitation or surface runoff: raw metal storage 

areas; finished metal storage areas; scrap disposal collection sites; equipment storage 

areas; retention and detention basins; temporary and permanent diversion dikes or 

berms; right-of-way or perimeter diversion devices; sediment traps and barriers; 

processing areas, including outside painting areas; wood preparation; recycling; and 

raw material storage.

8.AA.3.2 Potential Pollutant Sources. (See also Part 5.2.3) Document in your SWPPP the following 

additional sources and activities that have potential pollutants associated with them: 

loading and unloading operations for paints, chemicals, and raw materials; outdoor 

storage activities for raw materials, paints, empty containers, corn cobs, chemicals, 

and scrap metals; outdoor manufacturing or processing activities such as grinding, 

cutting, degreasing, buffing, and brazing; onsite waste disposal practices for spent 

solvents, sludge, pickling baths, shavings, ingot pieces, and refuse and waste piles.

8.AA.4 Additional Inspection Requirements 

8.AA.4.1 Inspections. (See also Part 3.1) At a minimum, include the following areas in all 

inspections: raw metal storage areas, finished product storage areas, material and 

chemical storage areas, spent solvents and chemical storage areas, recycling areas, 

loading and unloading areas, equipment storage areas, paint areas, drainage from 

roof and vehicle fueling and maintenance areas. Potential pollutants include 

chromium, zinc, lubricating oil, solvents, aluminum, oil and grease, methyl ethyl ketone, 

steel, and related materials. 

8.AA.5 Sector-Specific Benchmarks. (See also Part 6 of the permit.) 

Table 8.AA-1 

Subsector 

(You may be subject to requirements 

for more than one sector/subsector) 

Parameter Benchmark Monitoring 

Concentration 

Subsector AA1. Fabricated Metal 

Products, except Coating (SIC 3411-

3499; 3911-3915) 

Total Aluminum 0.75 mg/L 

Total Iron 1.0 mg/L 

Total Zinc (freshwater)2 

Total Zinc (saltwater)1

Hardness Dependent 

0.09 mg/L 

Nitrate plus Nitrite Nitrogen 0.68 mg/L 

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2015 MSGP Biological Opinion A-149
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Table 8.AA-1 

Subsector 

(You may be subject to requirements 

for more than one sector/subsector) 

Parameter Benchmark Monitoring 

Concentration 

Subsector AA2. Fabricated Metal 

Coating and Engraving (SIC 3479) 

Total Zinc (freshwater)2 

Total Zinc (saltwater)1

Hardness Dependent 

0.09 mg/L 

Nitrate plus Nitrite Nitrogen 0.68 mg/L 1Saltwater benchmark values apply to stormwater discharges into saline waters where indicated. 

2 The freshwater benchmark values of some metals are dependent on water hardness. For these parameters, permittees 

must determine the hardness of the receiving water (see Appendix J, “Calculating Hardness in Receiving Waters for 

Hardness Dependent Metals,” for methodology), in accordance with Part 6.2.1.1, to identify the applicable ‘hardness 

range’ for determining their benchmark value applicable to their facility. Hardness Dependent Benchmarks follow in 

the table below: 

Freshwater Hardness Range Zinc (mg/L) 

0-24.99 mg/L 0.04 

25-49.99 mg/L 0.05 

50-74.99 mg/L 0.08 

75-99.99 mg/L 0.11 

100-124.99 mg/L 0.13 

125-149.99 mg/L 0.16 

150-174.99 mg/L 0.18 

175-199.99 mg/L 0.20 

200-224.99 mg/L 0.23 

225-249.99 mg/L 0.25 

250+ mg/L 0.26 

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2015 MSGP Biological Opinion A-150
Proposed 2013 MSGP

Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart AB – Sector AB – Transportation Equipment, Industrial or Commercial Machinery 

Facilities. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.AB.1 Covered Stormwater Discharges. 

The requirements in Subpart AB apply to stormwater discharges associated with industrial 

activity from Transportation Equipment, Industrial or Commercial Machinery facilities as identified 

by the SIC Codes specified under Sector AB in Table D-1 of Appendix D of the permit.

8.AB.2 Additional SWPPP Requirements. 

8.AB.2.1 Drainage Area Site Map. (See also Part 5.2.2) Identify in your SWPPP where any of the 

following may be exposed to precipitation or surface runoff: vents and stacks from 

metal processing and similar operations. 

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2015 MSGP Biological Opinion A-151
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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart AC– Sector AC –Electronic and Electrical Equipment and Components, Photographic 

and Optical Goods. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.AC.1 Covered Stormwater Discharges. 

The requirements in Subpart AC apply to stormwater discharges associated with industrial 

activity from facilities that manufacture Electronic and Electrical Equipment and Components, 

Photographic and Optical goods as identified by the SIC Codes specified in Table D-1 of 

Appendix D of the permit. 

8.AC.2 Additional Requirements. 

No additional sector-specific requirements apply. 

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2015 MSGP Biological Opinion A-152
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Part 8 – Sector-Specific Requirements for Industrial Activity 

Subpart AD – Sector AD – Stormwater Discharges Designated by the Director as Requiring 

Permits. 

You must comply with Part 8 sector-specific requirements associated with your primary industrial 

activity and any co-located industrial activities, as defined in Appendix A. The sector-specific 

requirements apply to those areas of your facility where those sector-specific activities occur. 

These sector-specific requirements are in addition to any requirements specified elsewhere in this 

permit. 

8.AD.1 Covered Stormwater Discharges. 

Sector AD is used to provide permit coverage for facilities designated by the Director as 

needing a stormwater permit, and any discharges of stormwater associated with industrial 

activity that do not meet the description of an industrial activity covered by Sectors A-AC. 

8.AD.1.1 Eligibility for Permit Coverage. Because this sector is primarily intended for use by 

discharges designated by the Director as needing a stormwater permit (which is an 

atypical circumstance), and your facility may or may not normally be discharging 

stormwater associated with industrial activity, you must obtain the Director’s written 

permission to use this permit prior to submitting an NOI. If you are authorized to use this 

permit, you will still be required to ensure that your discharges meet the basic eligibility 

provisions of this permit at Part 1.1. 

8.AD.2 Sector-Specific Benchmarks and Effluent Limits. (See also Part 6 of the permit.) 

The Director will establish any additional monitoring and reporting requirements for your 

facility prior to authorizing you to be covered by this permit. Additional monitoring requirements 

would be based on the nature of activities at your facility and your stormwater discharges. 

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2015 MSGP Biological Opinion A-153