Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices 18605

Electronic Availability: Electronic

copies of this document and the Fact

Sheet are available from the EPA home

page at the Environmental Sub-Set entry

for this document under ‘‘Regulations’’

(http://www.epa.gov/fedrgstr/).

EPA issued a notice, published in the

Federal Register of March 8, 1995 (60

FR 12765; FRL–4937–2), which

announced that FMC Corp., 1735

Market St., Philadelphia, PA 19103, had

submitted applications to register the

pesticide products Sulfentrazone

Technical, Sulfentrazone 4F, and

Sulfentrazone 75DF (EPA File Symbols

279–GRUO, 279–GRUA, and 279–

GRUI), containing the active ingredient

sulfentrazone, N-[2,4-dichloro-5-[4-

(difluoromethyl)-4,5-dihydro-3-methyl5-oxo-1H-1,2,4-triazol-1-

yl]phenyl]methanesulfonamide(methyl

at 92.2, 39.6, and 75 percent

respectively, active ingredients not

included in any previously registered

products.

EPA subsequently received

applications from FMC Corp., to

conditionally register the pesticide

products Authority BL (File Symbol

279–GRTO) containing the active

ingredients sulfentrazone N-[2,4-

dichloro-5-[4-(difluoromethyl)-4,5-

dihydro-3-methyl-5-oxo-1H-1,2,4-

triazol-1-yl]phenyl]methanesulfonamide

47% and metribuzin 4-amino-6-(1,1-

dimethylethyl)-3-(methylthio)-1,2,4-

triazin-5(4H)-one 28.% and Authority

Broadleaf (File Symbol 279–GRTL),

containing the active ingredients

sulfentrazone 46.9% and chlorimuron

ethyl ethyl 2-[[[[(4-chloro-6-

methoxypyrimidin-2-yl)amino]

carbonyl]amino]sulfonyl]benzoate 9.4%.

However, since the notice of receipt of

application did not publish in Federal

Register, as required by FIFRA, as

amended, interested parties may submit

written comments within 30 days from

the date of publication of this notice.

Comments and data may also be

submitted electronically by sending

electronic mail; e-mail: oppdocket@epamail.epa.gov. No

Confidential Business Information (CBI)

should be submitted through e-mail.

More detailed information is found in

all documents requesting comments as

of May 1995.

The applications were approved on

February 27, 1997, for one technical and

four end-use products listed below:

1. Sulfentrazone Technical for

manufacturing use only (EPA

Registration Number 279–3149).

2. Authority 4F (formerly

Sulfentrazone 4F) for preemergence and

preplant incorporated weed control in

soybeans (EPA Registration Number

279–3146).

3. Authority 75DF (formerly

Sulfentrazone 75DF for preemergence

and preplant incorporated weed control

in soybeans (EPA Registration Number

279–3148)

4. Authority BL for use on soybeans

in preemergency, preplant incorporated,

no-till, and minimum till applications

(EPA Registration Number 279–3175)

5. Authority Broadleaf for use on

soybeans in preemergency, preplant

incorporated, no-till, and minimum till

applications (EPA Registration Number

279–3179).

A conditional registration may be

granted under section 3(c)(7)(C) of

FIFRA for a new active ingredient where

certain data are lacking, on condition

that such data are received by the end

of the conditional registration period

and do not meet or exceed the risk

criteria set forth in 40 CFR 154.7; that

use of the pesticide during the

conditional registration period will not

cause unreasonable adverse effects; and

that use of the pesticide is in the public

interest.

The Agency has considered the

available data on the risks associated

with the proposed use of sulfentrazone,

metribuzin, and chlorimuron ethyl ethyl

2-[[[[(4-chloro-6-methoxypyrimidin-2-

yl)amino]

carbonyl]amino]sulfonyl]benzoate, and

information on social, economic, and

environmental benefits to be derived

from such use. Specifically, the Agency

has considered the nature and its

pattern of use, application methods and

rates, and level and extent of potential

exposure. Based on these reviews, the

Agency was able to make basic health

and safety determinations which show

that use of sulfentrazone, metribuzin,

and chlorimuron ethyl ethyl 2-[[[[(4-

chloro-6-methoxypyrimidin-2-

yl)amino]carbonyl]

amino]sulfonyl]benzoate during the

period of conditional registration will

not cause any unreasonable adverse

effect on the environment, and that use

of the pesticide is, in the public interest.

These products are conditionally

registered in accordance with FIFRA

section 3(c)(7)(C). If the conditions are

not complied with the registrations will

be subject to cancellation in accordance

with FIFRA section 6(e).

Consistent with section 3(c)(7)(C), the

Agency has determined that these

conditional registrations are in the

public interest. Use of the pesticides are

of significance to the user community,

and appropriate labeling, use directions,

and other measures have been taken to

ensure that use of the pesticides will not

result in unreasonable adverse effects to

man and the environment.

More detailed information on these

conditional registrations is contained in

an EPA Pesticide Fact Sheet on

sulfentrazone, metribuzin, and

chlorimuron ethyl ethyl 2-[[[[(4-chloro6-methoxypyrimidin-2-yl)amino]

carbonyl]amino]sulfonyl]benzoate.

A copy of the fact sheet, which

provides a summary description of the

chemical, use patterns and

formulations, science findings, and the

Agency’s regulatory position and

rationale, may be obtained from the

National Technical Information Service

(NTIS), 5285 Port Royal Road,

Springfield, VA 22161.

In accordance with section 3(c)(2) of

FIFRA, a copy of the approved label, the

list of data references, the data and other

scientific information used to support

registration, except for material

specifically protected by section 10 of

FIFRA, are available for public

inspection in the Public Response and

Program Resources Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, Rm. 1132, CM #2,

Arlington, VA 22202 (703–305–5805).

Requests for data must be made in

accordance with the provisions of the

Freedom of Information Act and must

be addressed to the Freedom of

Information Office (A-101), 401 M St.,

SW., Washington, D.C. 20460. Such

requests should: (1) Identify the product

name and registration number and (2)

specify the data or information desired.

Authority: 7 U.S.C. 136.

List of Subjects

Environmental protection, Pesticides

and pests, Product registration.

Dated: April 4, 1997.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

[FR Doc. 97–9689 Filed 4–15–97; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5810–6]

Draft National Pollutant Discharge

Elimination System (NPDES) General

Permit for Storm Water Discharges

From Construction Activities That Are

Classified as Associated With

Industrial Activity (FLR100000)

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of draft NPDES general

permit reissuance for storm water

discharges from construction activities
18606 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices

that are classified as ‘‘associated with

industrial activity’’.

SUMMARY: Section 405 of the Water

Quality Act of 1987 (WQA) added

section 402(p) of the Clean Water Act

(CWA) which requires the

Environmental Protection Agency (EPA)

to develop a phased approach to

regulating storm water discharges under

the National Pollutant Discharge

Elimination System (NPDES) program.

EPA published a final regulation on

November 16, 1990, (55 FR 47990)

establishing permit application

requirements for storm water discharges

associated with industrial activity and

for discharges from municipal separate

storm sewer systems serving a

population of 100,000 or more. In the

permit application regulations, EPA

defined the term ‘‘storm water discharge

associated with industrial activity’’ in a

comprehensive manner to cover a wide

variety of facilities. This definition

greatly expanded the number of

industrial facilities subject to the

NPDES program.

EPA published a final NPDES general

permit for storm water discharges from

construction activities that are classified

as ‘‘associated with industrial activity’’

on September 25, 1992, (57 FR 44412).

The general permit established Notice of

Intent (NOI) requirements, special

conditions, requirements to develop and

implement storm water pollution

prevention plans, and requirements to

conduct site inspections for facilities

with discharges authorized by the

permit. Today’s notice requests

comments on the draft reissuance of the

above referenced general permit for

discharges of storm water from

construction activities ‘‘associated with

industrial activity’’ in the State of

Florida.

ADDRESSES: Persons wishing to

comment upon or object to any aspects

of this permit reissuance or wishing to

request a public hearing, are invited to

submit the same in writing within sixty

(60) days of this notice to the Office of

Environmental Assessment, United

States Environmental Protection

Agency, Region 4, Atlanta Federal

Center, 100 Alabama Street, S.W.,

Atlanta, GA 30303–3104, Attention: Ms.

Lena Scott.

DATES: Comments relative to this draft

permit are not required; however, if you

wish to submit comments, the

comments must be received by June 16,

1997.

FOR FURTHER INFORMATION CONTACT:

Contact Mr. Floyd Wellborn, telephone

number (404) 562–9296, or Mr. Michael

Mitchell, telephone number (404) 562–

9303, or at the following address:

United States Environmental Protection

Agency, Region 4, Water Management

Division, Surface Water Permits Section,

Atlanta Federal Center, 61 Forsyth

Street, S.W., Atlanta, GA 30303.

SUPPLEMENTARY INFORMATION:

Procedures for Reaching a Final Permit

Decision

Pursuant to 40 CFR 124.13, any

person who believes any condition of

the permit is inappropriate must raise

all reasonably ascertainable issues and

submit all reasonably available

arguments in full, supporting their

position, by the close of the comment

period. All comments on the proposed

NPDES general permit received within

the 60-day period will be considered in

the formulation of final determinations

regarding the permit reissuance.

After consideration of all written

comments and the requirements and

policies in the Act and appropriate

regulations, the EPA Regional

administrator will make determinations

regarding the general permit reissuance.

If the determinations are substantially

unchanged from those announced by

this notice, the Administrator will so

notify all persons submitting written

comments. If the determinations are

substantially changed, the

Administrator will issue a public notice

indicating the revised determinations.

A formal hearing is available to

challenge any NPDES permit issued

according to the regulations at 40 CFR

124.15 except for a general permit as

cited by 40 CFR 124.71. Persons affected

by a general permit may not challenge

the conditions of a general permit as a

right in further Agency proceedings.

They may instead either challenge the

general permit in court, or apply for an

individual permit as specified at 40 CFR

122.21 as authorized at 40 CFR 122.28,

and then request a formal hearing on the

issuance or denial of an individual

permit.

Administrative Record

The proposed NPDES general permit,

fact sheet and other relevant documents

are on file and may be inspected any

time between 9:00 a.m. and 4:00 p.m.,

Monday through Friday at the address

shown below. Copies of the draft

NPDES general permit, fact sheet or

other relevant documents may be

obtained by writing the United States

Environmental Protection Agency,

Region 4, Atlanta Federal Center, 100

Alabama Street, S.W., Atlanta, GA

30303–3104, Attention: Ms. Lena Scott,

or calling (404) 562–9607.

Draft NPDES Permits for Storm Water

Discharges from Construction Activities

that are Classified as ‘‘Associated with

Industrial Activity’’

Table of Contents

Part I. Coverage Under This Permit

A. Permit Area

B. Eligibility

C. Authorization

Part II. Notice of Intent Requirements

A. Deadlines for Notification

B. Failure to Notify

C. Where to Submit

D. Additional Notification

E. Renotification

Part III. Special Conditions

A. Prohibition on Non-storm Water

Discharges

B. Releases in excess of Reportable

Quantities

Part IV. Unpaved Rural Roads

A. Construction

B. Maintenance

Part V. Storm Water Pollution Prevention

Plans

A. Deadlines for Plan Preparation and

Compliance

B. Signature and Plan Review

C. Keeping Plans Current

D. Contents of Plan

E. Contractors

Part VI. Retention of Records

Part VII. Standard Permit Conditions

A. Duty to Comply

B. Continuation of the Expired General

Permit

C. Need to Halt or Reduce Activity Not a

Defense

D. Duty to Mitigate

E. Duty to Provide Information

F. Other Information

G. Signatory Requirements

H. Penalties for Falsification of Reports

I. Penalties for Falsification of Monitoring

Systems

J. Oil and Hazardous Substance Liability

K. Property Rights

L. Severability

M. Transfers

N. Requiring an Individual Permit or an

Alternative General Permit

O. State Laws

P. Proper Operation and Maintenance

Q. Inspection and Entry

R. Permit Actions

S. Planned Changes

T. Twenty-four Hour Reporting

U. Bypass

Part VIII. Reopener Clause

Part IX. Notice of Termination

A. Contents of the Notice of Termination

B. Where to Submit

C. Additional Notification

Part X. Definitions

PREFACE

The CWA provides that storm water

discharges associated with industrial

activity from a point source (including

discharges through a municipal separate

storm sewer system) to waters of the

United States are unlawful, unless

authorized by an National Pollutant

Discharge Elimination System (NPDES)
Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices 18607

1On June 4, 1992, the United State Court of

Appeals for the Ninth Circuit remanded the

exemption for construction sites of less than five

acres to the EPA for further rulemaking. (Nos. 90–

70671 and 91–70200).

2A copy of the approved NOI form is provided

in Appendix A of this notice.

permit. The terms ‘‘storm water

discharge associated with industrial

activity’’, ‘‘point source’’ and ‘‘waters of

the United States’’ are critical to

determining whether a facility is subject

to this requirement. Complete

definitions of these terms are found in

the definition section (Part X) of this

permit.

Part I. Coverage Under this Permit

A. Permit Area

The permit covers all areas

administered by Region 4 in the State of

Florida.

B. Eligibility

1. This permit may authorize all

discharges identified in the pollution

prevention plan of storm water

associated with industrial activity from

construction sites, (those sites or

common plans of development or sale,

including unpaved roads, that will

result in the disturbance of five or more

acres total land area),1 (henceforth

referred to as storm water discharges

from construction activities) occurring

after the effective date of this permit

(including discharges occurring after the

effective date of this permit where the

construction activity was initiated

before the effective date of this permit),

except for discharges identified under

paragraph I.B.3.

2. This permit may authorize storm

water discharges from construction sites

that are mixed with storm water

discharges associated with industrial

activity from industrial sources other

than construction, where:

a. the industrial source other than

construction is located on the same site

as the construction activity;

b. storm water discharges associated

with industrial activity from the areas of

the site where construction activities are

occurring are in compliance with the

terms of this permit; and

c. storm water discharges associated

with industrial activity from the areas of

the site where industrial activity other

than construction are occurring

(including storm water discharges from

dedicated asphalt plants and dedicated

concrete plants) are in compliance with

the terms, including applicable NOI or

application requirements, of a different

NPDES general permit or individual

permit authorizing such discharges.

3. Limitations on Coverage. The

following storm water discharges from

construction sites are not authorized by

this permit:

a. storm water discharges associated

with industrial activity that originate

from the site after construction activities

have been completed and the site has

undergone final stabilization;

b. discharges that are mixed with

sources of non-storm water, other than

discharges identified in Part III.A of this

permit which are in compliance with

Part V.D.5 (non-storm water discharges)

of this permit;

c. storm water discharges associated

with industrial activity that are subject

to an existing NPDES individual or

general permit or which are issued a

permit in accordance with paragraph

VI.L (requiring an individual permit or

an alternative general permit) of this

permit. Such discharges may be

authorized under this permit after an

existing permit expires, provided the

existing permit did not establish

numeric limitations for such discharges;

d. storm water discharges from

construction sites that the Director

(EPA) has determined to be or may

reasonably be expected to be

contributing to a violation of a water

quality standard;

e. storm water discharges from

construction sites if the discharges may

adversely affect a listed or proposed to

be listed endangered or threatened

species or its critical habitat (see

Appendix C);

f. discharges of storm water associated

with industrial activity from

construction sites not specifically

identified in the pollution prevention

plan in accordance with Part V of this

permit. Such discharges not identified

in the plan are subject to the upset and

bypass rules in Part VII of this permit.

C. Authorization

1. A discharger must submit a Notice

of Intent (NOI) in accordance with the

requirements of Part II of this permit,

using an NOI form provided by the

Director (or a photocopy thereof), in

order for storm water discharges from

construction sites to be authorized to

discharge under this general permit.2

2. Where a new operator is selected

after the submittal of an NOI under Part

II, a new NOI must be submitted by the

operator in accordance with Part II,

using an NOI form provided by the

Director (or a photocopy thereof).

3. Unless notified by the Director to

the contrary, dischargers who submit an

NOI in accordance with the

requirements of this permit are

authorized to discharge storm water

from construction sites under the terms

and conditions of this permit 2 days

after the date that the NOI is

postmarked. The Director may deny

coverage under this permit and require

submittal of an application for an

individual NPDES permit based on a

review of the NOI or other information

(see Part VII.L of this permit).

Part II. Notice of Intent Requirements

A. Deadlines for Notification

1. Except as provided in paragraphs

II.A.2, II.A.3, and II.A.4, individuals

who intend to obtain coverage under

this general permit for storm water

discharges from a construction site

(where disturbances associated with the

construction project commence before

October 1, 1997), including unpaved

rural roads, shall submit a Notice of

Intent (NOI) in accordance with the

requirements of this Part by December

31, 1997;

2. Individuals who intend to obtain

coverage under this general permit for

storm water discharges from a

construction site, including unpaved

rural roads, where disturbances

associated with the construction project

commence after October 1, 1997, shall

submit an NOI in accordance with the

requirements of this Part, at least 2 days

prior to the commencement of

construction activities (e.g. the initial

disturbance of soils associated with

clearing, grading, excavation activities,

or other construction activities). Prior to

submitting this NOI, the owner of a

storm water management system must

receive a State of Florida storm water

permit from either the Florida

Department of Environmental Protection

(FDEP) or a Florida Water Management

District (FWMD);

3. For storm water discharges from

construction sites, including unpaved

rural roads, where the operator changes

(including projects where an operator is

selected after an NOI has been

submitted under Parts II.A.1 or II.A.2),

an NOI in accordance with the

requirements of this Part shall be

submitted at least 2 days prior to when

the operator commences work at the

site; and

4. EPA will accept an NOI in

accordance with the requirements of

this Part after the dates provided in

Parts II.A.1, 2 or 3 of this permit. In

such instances, EPA may bring

appropriate enforcement actions.

B. Contents of Notice of Intent

The Notice(s) of Intent shall be signed

in accordance with Part VII.G of this

permit by all of the entities identified in

Part II.B.2 and shall include the

following information:

1. The mailing address, and location

(including the county) of the
18608 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices

construction site for which the

notification is submitted. Where a

mailing address for the site is not

available, the location of the

approximate center of the site must be

described in terms of the latitude and

longitude to the nearest 15 seconds, or

the section, township and range to the

nearest quarter section;

2. The name, address and telephone

number of the operator(s) with day to

day operational control that have been

identified at the time of the NOI

submittal, and operator status as a

Federal, State, private, public or other

entity. Where multiple operators have

been selected at the time of the initial

NOI submittal, NOIs must be attached

and submitted in the same envelope.

When an additional operator submits an

NOI for a site with a existing NPDES

permit, the NOI for the additional

operators must indicate the number for

the existing NPDES permit;

3. The location of the first outfall in

latitude and longitude to the nearest 15

seconds and the name of the receiving

water(s) into which that outfall

discharges, or if the discharge is through

a municipal separate storm sewer, the

name of the municipal operator of the

storm sewer and the ultimate receiving

water(s). (All other outfalls must be

listed in the pollution prevention plan

as required by Part V.);

4. The permit number of any NPDES

permit(s) for any discharge(s) (including

any storm water discharges or nonstorm water discharges) from the site;

5. An indication of whether the owner

or operator has existing quantitative

data which describes the concentration

of pollutants in storm water discharges

(existing data should not be included as

part of the NOI); and

6. An estimate of project start date

and completion dates, estimates of the

number of acres of the site on which soil

will be disturbed, and a certification

that a storm water pollution prevention

plan has been prepared for the site in

accordance with Part V of this permit.

(A copy of the plans or permits should

not be included with the NOI

submission). The applicant shall submit

a narrative statement certifying that the

storm water pollution prevention plan

for the facility provides compliance

with approved State of Florida issued

permits, erosion and sediment control

plans and storm water management

plans. The applicant shall also submit a

copy of the cover page of the State

permit issued by FDEP or a FWMD to

the facility for the storm water

associated with construction activity.

C. Where to Submit

1. Facilities which discharge storm

water associated with industrial activity

must use a NOI form provided by the

Director (or photocopy thereof). The

form in the Federal Register notice in

which this permit was published may

be photocopied and used. Forms are

also available by calling (404) 562–9296.

NOIs must be signed in accordance with

Part VII.G of this permit. NOIs are to be

submitted to the Director of the NPDES

program in care of the following

address: Storm Water Notice of Intent

(4203), 401 M Street, S.W., Washington,

DC 20460.

2. A copy of the NOI or other

indication that storm water discharges

from the site are covered under an

NPDES permit, and a brief description

of the project shall be posted at the

construction site in a prominent place

for public viewing (such as alongside a

building permit).

D. Additional Notification

Facilities which are operating under

approved State or local sediment and

erosion plans, grading plans, or storm

water management plans shall also

submit signed copies of the Notice of

Intent to the State or local agency

approving such plans in accordance

with the deadlines in Part II.A of this

permit (or sooner where required by

State or local rules). Facilities which

discharge storm water associated with

construction activities to a municipal

separate storm water system within

Broward, Dade, Duval, Escambia,

Hillsborough, Orange, Palm Beach,

Pinellas, Polk or Sarasota Counties shall

submit a copy of the NOI to the operator

of the municipal separate storm sewer

system. Included within these counties,

the Florida Department of

Transportation (FDOT), incorporated

municipalities, and Chapter 298 Special

Districts shall also be notified where

they own or operate a municipal

separate storm sewer system receiving

storm water discharges associated with

construction activity covered by this

permit.

E. Renotification

Upon issuance of a new general

permit, the permittee is required to

notify the Director of his intent to be

covered by the new general permit.

Part III. Special Conditions,

Management Practices, and other NonNumeric Limitations

A. Prohibition on Non-Storm Water

Discharges

1. Except as provided in paragraph

I.B.2 and III.A.2, all discharges covered

by this permit shall be composed

entirely of storm water.

2. a. Except as provided in paragraph

III.A.2.(b), discharges of material other

than storm water must be in compliance

with a NPDES permit (other than this

permit) issued for the discharge.

b. The following non-storm water

discharges may be authorized by this

permit provided the non-storm water

component of the discharge is in

compliance with paragraph V.D.5 and

the storm water management system is

designed to accept these discharges and

provide treatment of the non-storm

water component sufficient to meet

Florida water quality standards:

discharges from fire fighting activities;

fire hydrant flushings; waters used to

wash vehicles or control dust in

accordance with Part V.D.2.c.(2);

potable water sources including

waterline flushings; irrigation drainage;

routine external building washdown

which does not use detergents;

pavement washwaters where spills or

leaks of toxic or hazardous materials

have not occurred (unless all spilled

material has been removed) and where

detergents are not used; air conditioning

condensate; springs; and foundation or

footing drains where flows are not

contaminated with process materials

such as solvents. Discharges resulting

from ground water dewatering activities

at construction sites are not covered by

this permit. The applicant may seek

coverage for these discharges under

NPDES General Permit No. FLG830000,

published on July 17, 1989. (54 FR

29986) and modified on August 29,

1991 (56 FR 42736).

B. Releases in Excess of Reportable

Quantities

1. The discharge of hazardous

substances or oil in the storm water

discharge(s) from a facility shall be

prevented or minimized in accordance

with the applicable storm water

pollution prevention plan for the

facility. This permit does not relieve the

permittee of the reporting requirements

of 40 CFR part 117 and 40 CFR part 302.

Where a release containing a hazardous

substance in an amount equal to or in

excess of a reporting quantity

established under either 40 CFR 117 or

40 CFR 302, occurs during a 24 hour

period:

a. The permittee is required to notify

the National Response Center (NRC)

(800–424–8802; in the Washington, DC

metropolitan area 202–426–2675) in

accordance with the requirements of 40

CFR 117 and 40 CFR 302 as soon as he

or she has knowledge of the discharge;

b. The permittee shall submit within

14 calendar days of knowledge of the
Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices 18609

release a written description of: the

release (including the type and estimate

of the amount of material released), the

date that such release occurred, the

circumstances leading to the release,

and steps to be taken in accordance with

Part III.B.3 of this permit to EPA Region

4 Office at the address provided in Part

VI.C (addresses) of this permit; and

c. The storm water pollution

prevention plan required under Part V

of this permit must be modified within

14 calendar days of knowledge of the

release to: provide a description of the

release, the circumstances leading to the

release, and the date of the release. In

addition, the plan must be reviewed to

identify measures to prevent the

reoccurrence of such releases and to

respond to such releases, and the plan

must be modified where appropriate.

2. Spills. This permit does not

authorize the discharge of hazardous

substances or oil resulting from an onsite spill.

Part IV. Unpaved Rural Roads

A. Applicability

The provisions of this part are

applicable to the construction of roads,

except roads constructed for silviculture

and agricultural uses, that disturb five

(5) acres or more and will remain

unpaved after construction is complete.

B. Construction

Construction of unpaved rural roads

where the possibility of a point source

discharge to surface waters exists, must

comply with all applicable portions of

this permit and the document

Silviculture Best Management Practices,

1993 Florida Department of Agriculture

& Consumer Services, or most current

version or revisions of this document. In

addition, the following conditions

apply:

1. Water turnouts, drainage systems

designed to reduce the volume and

velocity of ditch flow, shall be

constructed in conjunction with the

roadside drainage ditches in accordance

with Appendix 7 of the above

referenced document.

2. All water turnouts must direct

diverted flow onto vegetated areas

where it can be adequately dispersed.

The turnouts shall not direct diverted

flow or road runoff into waters of the

United States.

C. Notice of Termination

Where a site has been finally

stabilized and all storm water

discharges from construction activities

that are authorized by this permit are

eliminated (see Part IX.A.5. for the

definition of eliminated), or where the

operator of all storm water discharges at

a facility changes, the operator of the

facility may submit a Notice of

Termination that is signed in

accordance with Part VII.G of this

permit.

Part V. Storm Water Pollution

Prevention Plans

A storm water pollution prevention

plan shall be developed for each

construction site covered by this permit.

Storm water pollution prevention plans

shall be prepared in accordance with

good engineering practices. The plan

shall identify potential sources of

pollution which may reasonably be

expected to affect the quality of storm

water discharges from the construction

site. In addition, the plan shall describe

and ensure the implementation of

practices which will be used to reduce

the pollutants in storm water discharges

associated with industrial activity at the

construction site and to assure

compliance with the terms and

conditions of this permit. Facilities

must implement the provisions of the

storm water pollution prevention plan

required under this part as a condition

of this permit.

A. Deadlines for Plan Preparation and

Compliance

The plan shall:

1. Be completed (including

certifications required under Part V.E)

prior to the submittal of an NOI to be

covered under this permit and updated

as appropriate;

2. The plan shall provide for

compliance with the terms and schedule

of the plan beginning with the initiation

of construction activities.

B. Signature and Plan Review

1. The plan shall be signed in

accordance with Part VII.G, and be

retained on-site at the facility which

generates the storm water discharge in

accordance with Part V (retention of

records) of this permit.

2. The permittee shall submit plans to

the State agency which issued the storm

water permit referenced in Part II.B.6.

and shall make plans available upon

request to the Director; a State or local

agency approving sediment and erosion

plans, grading plans, or storm water

management plans; or in the case of a

storm water discharge associated with

industrial activity which discharges

through a municipal separate storm

sewer system with an NPDES permit, to

the municipal operator of the system.

3. The Director, or authorized

representative, may notify the permittee

at any time that the plan does not meet

one or more of the minimum

requirements of this Part. Such

notification shall identify those

provisions of the permit which are not

being met by the plan, and identify

which provisions of the plan require

modifications in order to meet the

minimum requirements of this part.

Within 7 days of such notification from

the Director, (or as otherwise provided

by the Director), or authorized

representative, the permittee shall make

the required changes to the plan and

shall submit to the Director a written

certification that the requested changes

have been made.

C. Keeping Plans Current

The permittee shall amend the plan

whenever there is a change in design,

construction, operation, or maintenance,

which has a significant effect on the

potential for the discharge of pollutants

to the waters of the United States,

including the addition of or change in

location of storm water discharge

points, and which has not otherwise

been addressed in the plan or if the

storm water pollution prevention plan

proves to be ineffective in eliminating or

significantly minimizing pollutants

from sources identified under Part V.D.2

of this permit, or in otherwise achieving

the general objectives of controlling

pollutants in storm water discharges

associated with industrial activity. In

addition, the plan shall be amended to

identify any new contractor and/or

subcontractor that will implement a

measure of the storm water pollution

prevention plan (see Part V.E).

Amendments to the plan shall be

prepared, dated, and kept as separate

documents from the original plan. The

amendments to the plan may be

reviewed by EPA in the same manner as

Part V.B above. Amendments to the plan

must be submitted to the State agency

which issued the State storm water

permit.

D. Contents of Plan

The storm water pollution prevention

plan shall include the following items:

1. Site Description. Each plan shall

provide a description of pollutant

sources and other information as

indicated:

a. A description of the nature of the

construction activity;

b. A description of the intended

sequence of major activities which

disturb soils for major portions of the

site (e.g. grubbing, excavation, grading);

c. Estimates of the total area of the site

and the total area of the site that is

expected to be disturbed by excavation,

grading, or other activities;

d. An estimate of the runoff

coefficient of the site before, during and
18610 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices

after construction activities are

completed using ‘‘C’’ from the Rational

Method, and existing data describing

the soil or the quality of any discharge

from the site and an estimate of the size

of the drainage area for each outfall;

e. A site map indicating drainage

patterns and approximate slopes

anticipated after major grading

activities, areas of soil disturbance, an

outline of areas which may not be

disturbed, the location of major

structural and nonstructural controls

identified in the plan, the location of

areas where stabilization practices are

expected to occur, surface waters

(including wetlands), and locations

where storm water is discharged to a

surface water; and

f. The location in terms of latitude

and longitude, to the nearest 15

seconds, of each outfall, the name of the

receiving water(s) for each outfall and

the amount of wetland acreage at the

site.

2. Controls. Each plan shall include a

description of appropriate controls and

measures that will be implemented at

the construction site. The plan will

clearly describe for each major activity

identified in Part V.D.1.b appropriate

control measures and the timing during

the construction process that the

measures will be implemented. (For

example, perimeter controls for one

portion of the site will be installed after

the clearing and grubbing necessary for

installation of the measure, but before

the clearing and grubbing for the

remaining portions of the site. Perimeter

controls will be actively maintained

until final stabilization of those portions

of the site upward of the perimeter

control. Temporary perimeter controls

will be removed after final

stabilization). All controls shall be

consistent with the requirements set

forth in the State Water Policy of Florida

(Chapter 62–40, Florida Administrative

Code), the applicable storm water

permitting requirements of the FDEP or

appropriate FWMD, and the guidelines

contained in the Florida Development

Manual: A Guide to Sound Land and

Water Management (FDEP, 1988) and

any subsequent amendments. The

description and implementation of

controls shall address the following

minimum components:

a. Erosion and Sediment Controls.

(1) Performance Standards. (a) The

erosion and sediment controls must be

capable of removing 80% of the

Settleable Solids (SS) in storm water

discharges from the site to Class III

waters.

(b) The erosion and sediment controls

must be capable of removing 95% of the

SS in storm water discharges from the

site to sensitive waters such as potable

water sources (class I waters), shellfish

harvesting waters (Class II waters) and

outstanding Florida waters.

(2) Stabilization Practices. A

description of interim and permanent

stabilization practices, including sitespecific scheduling of the

implementation of the practices. Site

plans should ensure that existing

vegetation is preserved where attainable

and that disturbed portions of the site

are stabilized. Stabilization practices

may include: temporary seeding,

permanent seeding, mulching,

geotextiles, sod stabilization, vegetative

buffer strips, protection of trees,

preservation of mature vegetation, and

other appropriate measures. A record of

the dates when major grading activities

occur, when construction activities

temporarily or permanently cease on a

portion of the site and when

stabilization measures are initiated shall

be included in the plan. Stabilization

measures shall be initiated as soon as

practicable in portions of the site where

construction activities have temporarily

or permanently ceased.

(3) Structural Practices. A description

of structural practices, to divert flows

from exposed soils, store flows or

otherwise limit runoff and the discharge

of pollutants from exposed areas of the

site in accordance with the

requirements set forth in Section 62–40,

420, FAC, and the applicable storm

water regulations of the FDEP or

appropriate FWMD. Such practices may

include silt fences, earth dikes, drainage

swales, sediment traps, check dams,

subsurface drains, pipe slope drains,

level spreaders, storm drain inlet

protection, rock outlet protection,

reinforced soil retaining systems,

gabions, and temporary or permanent

sediment basins. Structural practices

should be placed on upland soils unless

a State of Florida wetland resource

management permit issued pursuant to

Chapters 373 or 403, FS, and applicable

regulations of the FDEP or FWMD

authorize otherwise. The installation of

these devices may be subject to Section

404 of the CWA.

(a) For common drainage locations

that serve an area with more than 10

disturbed acres at one time, a temporary

(or permanent) sediment basin

providing 3,600 cubic feet of storage per

acre drained, or equivalent control

measures, shall be provided where

attainable until final stabilization of the

site. The 3,600 cubic feet of storage area

per acre drained does not apply to flows

from offsite areas and flows from onsite

areas that are either undisturbed or have

undergone final stabilization where

such flows are diverted around both the

disturbed area and the sediment basin.

For drainage locations which serve more

than 10 disturbed acres at one time and

where a temporary sediment basin

providing 3,600 cubic feet of storage per

acre drained, or equivalent controls is

not attainable, smaller sediment basins

and/or sediment traps should be used.

At a minimum, silt fences, or equivalent

sediment controls are required for all

sideslope and downslope boundaries of

the construction area.

(b) For drainage locations serving less

than 10 acres, sediment basins and/or

sediment traps should be used. At a

minimum, silt fences or equivalent

sediment controls are required for all

sideslope and downslope boundaries of

the construction area unless a sediment

basin providing storage for 3,600 cubic

feet of storage per acre drained is

provided.

b. Storm Water Management. A

description of measures that will be

installed during the construction

process to control pollutants in storm

water discharges that will occur after

construction operations have been

completed. The description of controls

shall be consistent with the

requirements set forth in the State Water

Policy of Florida (Chapter 62–40, FAC),

the applicable storm water permitting

regulations of the guidelines contained

in the Florida Development Manual: A

Guide to Sound Land and Water

Management (FDEP, 1988), and any

subsequent amendments. Structural

measures should be placed on upland

soils unless a State of Florida wetland

resource management permit issued

pursuant to Chapters 373 or 403, FS,

and applicable regulations of the FDEP

or FWMD authorize otherwise. The

installation of these devices may be

subject to Section 404 of the CWA. This

NPDES permit only addresses the

installation of storm water management

measures, and not the ultimate

operation and maintenance of such

structures after the construction

activities have been completed and the

site has undergone final stabilization.

Permittees are only responsible for the

installation and maintenance of storm

water management measures prior to

final stabilization of the site, and are not

responsible for maintenance after storm

water discharges associated with

industrial activity have been eliminated

from the site. However, all storm water

management systems shall be operated

and maintained in perpetuity after final

stabilization in accordance with the

requirements set forth in the State of

Florida storm water permit issued for

the site.

(1) Such practices may include: storm

water detention structures (including
Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices 18611

wet ponds); storm water retention

structures; flow attenuation by use of

open vegetated swales and natural

depressions; infiltration of runoff onsite;

and sequential systems (which combine

several practices). Pursuant to the

requirements of section 62–40, 420,

FAC, the storm water management

system shall be designed to remove at

least 80 percent of the average annual

load of pollutants which cause or

contribute to violations of water quality

standards (95 percent if the system

discharges to an Outstanding Florida

Water). The pollution prevention plan

shall include an explanation of the

technical basis used to select the

practices to control pollution where

flows exceed predevelopment levels.

(2) Velocity dissipation devices shall

be placed at discharge locations and

along the length of any outfall channel

for the purpose of providing a nonerosive velocity flow from the structure

to a water course so that the natural

physical and biological characteristics

and functions are maintained and

protected (e.g. no significant changes in

the hydrological regime of the receiving

water). Equalization of the

predevelopment and post-development

storm water peak discharge rate and

volume shall be a goal in the design of

the post-development storm water

management system.

c. Other Controls.

(1) Waste Disposal. No solid

materials, including building materials,

shall be discharged to waters of the

United States, except as authorized by a

Section 404 permit and by a State of

Florida wetland resource management

permit issued pursuant to chapters 373

or 403, FS, and the applicable

regulations of the FDEP or FWMD.

(2) Off-site vehicle tracking of

sediments and the generation of dust

shall be minimized.

(3) The plan shall ensure and

demonstrate compliance with

applicable State and/or local waste

disposal, sanitary sewer or septic system

regulations.

(4) The plan shall address the proper

application rates and methods for the

use of fertilizers and pesticides at the

construction site and set forth how these

procedures will be implemented and

enforced.

d. Approved State or Local Plans.

(1) Facilities which discharge storm

water associated with industrial activity

from construction activities must

include in their storm water pollution

prevention plan procedures and

requirements specified in applicable

sediment and erosion site plans or site

permits, or storm water management

site plans or site permits approved by

State or local officials. Permittees shall

provide a certification in their storm

water pollution prevention plan that

their storm water pollution prevention

plan reflects requirements applicable to

protecting surface water resources in

sediment and erosion site plans or site

permits, or storm water management

site plans or site permits approved by

State or local officials. Permittees shall

comply with any such requirements

during the term of the permit. This

provision does not apply to provisions

of master plans, comprehensive plans,

non-enforceable guidelines or technical

guidance documents that are not

identified in a specific plan or permit

that is issued for the construction site.

(2) Storm water pollution prevention

plans must be amended to reflect any

change applicable to protecting surface

water resources in sediment and erosion

site plans or site permits, or storm water

management site plans or site permits

approved by State or local officials for

which the permittee receives written

notice. Where the permittee receives

such written notice of a change, the

permittee shall provide a recertification

in the storm water pollution plan that

the storm water pollution prevention

plan has been modified to address such

changes.

(3) Dischargers seeking alternative

permit requirements shall submit an

individual permit application in

accordance with Part VII.L of the permit

at the address indicated in Part V.C of

this permit for the appropriate Regional

Office, along with a description of why

requirements in approved State or local

plans or permits, or changes to such

plans or permits should not be

applicable as a condition of an NPDES

permit.

3. Maintenance. A description of

procedures to ensure the timely

maintenance of vegetation, erosion and

sediment control measures and other

protective measures identified in the

site plan in good and effective operating

conditions.

4. Inspections. Qualified personnel

(provided by the discharger) shall

inspect all points of discharge into

waters of the United States or to a

municipal separate storm sewer system

and all disturbed areas of the

construction site that have not been

finally stabilized, areas used for storage

of materials that are exposed to

precipitation, structural control

measures, and locations where vehicles

enter or exit the site at least once every

seven calendar days and within 24

hours of the end of a storm that is 0.25

inches or greater. Where sites have been

finally stabilized, or during seasonal

arid periods in arid areas (areas with an

average annual rainfall of 0–10 inches)

and semi-arid areas (areas with an

average annual rainfall of 10–20 inches)

such inspection shall be conducted at

least once every month.

a. Disturbed areas and areas used for

storage of materials that are exposed to

precipitation shall be inspected for

evidence of, or the potential for,

pollutants entering the storm water

system. The storm water management

system and erosion and sediment

control measures identified in the plan

shall be observed to ensure that they are

operating correctly. Where discharge

locations or points are accessible, they

shall be inspected to ascertain whether

erosion control measures are effective in

meeting the performance standards set

forth in State Water Policy (chapter 62–

40, FAC) and the applicable storm water

permitting regulations of the FDEP or

appropriate FWMD. Locations where

vehicles enter or exit the site shall be

inspected for evidence of offsite

sediment tracking.

b. Based on the results of the

inspection, the site description

identified in the plan in accordance

with paragraph V.D.1 of this permit and

pollution prevention measures

identified in the plan in accordance

with paragraph V.D.2 of this permit

shall be revised as appropriate, but in

no case later than 7 calendar days

following the inspection. Such

modifications shall provide for timely

implementation of any changes to the

plan within 7 calendar days following

the inspection.

c. A report summarizing the scope of

the inspection, name(s) and

qualifications of personnel making the

inspection, the date(s) of the inspection,

major observations relating to the

implementation of the storm water

pollution prevention plan, and actions

taken in accordance with paragraph

V.D.4.b of the permit shall be made and

retained as part of the storm water

pollution prevention plan for at least

three years from the date that the site is

finally stabilized. Such reports shall

identify any incidents of noncompliance. Where a report does not

identify any incidents of noncompliance, the report shall contain a

certification that the facility is in

compliance with the storm water

pollution prevention plan and this

permit. The report shall be signed in

accordance with Part VII.G of this

permit.

5. Non-Storm Water Discharges—

Except for flows from fire fighting

activities, sources of non-storm water

listed in Part III.A.2 of this permit that

are combined with storm water

discharges associated with industrial
18612 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices

activity must be identified in the plan.

The plan shall identify and ensure the

implementation of appropriate pollution

prevention measures for the non-storm

water component(s) of the discharge.

E. Contractors

1. The storm water pollution

prevention plan must clearly identify

for each measure identified in the plan,

the contractor(s) and/or subcontractor(s)

that will implement the measure. All

contractors and subcontractors

identified in the plan must sign a copy

of the certification statement in Part

V.E.2 of this permit in accordance with

Part VII.G of this permit. All

certifications must be included in the

storm water pollution prevention plan.

2. Certification Statement. All

contractors and subcontractors

identified in a storm water pollution

prevention plan in accordance with Part

V.E.1 of this permit shall sign a copy of

the following certification statement

before conducting any professional

service identified in the storm water

pollution prevention plan:

‘‘I certify under penalty of law that I

understand the terms and conditions of the

general National Pollutant Discharge

Elimination System (NPDES) permit that

authorizes the storm water discharges

associated with industrial activity from the

construction site identified as part of this

certification.’’

The certification must include the

name and title of the person providing

the signature in accordance with Part

VII.G of this permit; the name, address

and telephone number of the

contracting firm; the address (or other

identifying description) of the site; and

the date the certification is made.

Part VI. Retention of Records

A. The permittee shall retain copies of

storm water pollution prevention plans

and all reports required by this permit,

and records of all data used to complete

the Notice of Intent to be covered by this

permit, for a period of at least three

years from the date that the site is

finally stabilized. This period may be

extended by request of the Director at

any time.

B. The permittee shall retain a copy

of the storm water pollution prevention

plan required by this permit at the

construction site from the date of project

initiation to the date of final

stabilization.

C. Addresses. Except for the submittal

of NOIs (see Part II.C of this permit), all

written correspondence directed to the

U.S. Environmental Protection Agency

concerning discharges in any State,

Indian land or from any Federal Facility

covered under this permit, including the

submittal of individual permit

applications, shall be sent to the address

listed below: U.S. EPA, Region 4, Water

Management Division, Storm Water

Staff, Atlanta Federal Center, 61 Forsyth

St., SW, Atlanta, GA 30303.

Part VII. Standard Permit Conditions

A. Duty to Comply

1. The permittee must comply with all

conditions of this permit. Any permit

noncompliance constitutes a violation

of the CWA and is grounds for

enforcement action; for permit

termination, revocation and reissuance,

or modification; or for denial of a permit

renewal application.

2. Penalties for Violations of Permit

Conditions.

a. Criminal. (1) Negligent Violations.

The CWA provides that any person who

negligently violates permit conditions

implementing Sections 301, 302, 306,

307, 308, 318, or 405 of the Act is

subject to a fine of not less than $2,500

nor more than $25,000 per day of

violation, or by imprisonment for not

more than 1 year, or both.

(2) Knowing Violations. The CWA

provides that any person who

knowingly violates permit conditions

implementing Sections 301, 302, 306,

307, 308, 318, or 405 of the Act is

subject to a fine of not less than $5,000

nor more than $50,000 per day of

violation, or by imprisonment for not

more than 3 year, or both.

(3) Knowing Endangerment. The CWA

provides that any person who

knowingly violates permit conditions

implementing Sections 301, 302, 306,

307, 308, 318, or 405 of the Act and who

knows at that time that he is placing

another person in imminent danger of

death or serious bodily injury is subject

to a fine of not more than $250,000, or

by imprisonment for not more than 15

year, or both.

(4) False Statement. The CWA

provides that any person who

knowingly makes any false material

statement, representation, or

certification in any application, record,

report, plan, or other document filed or

required to be maintained under the Act

or who knowingly falsifies, tampers

with, or renders inaccurate, any

monitoring device or method required

to be maintained under the Act, shall

upon conviction, be punished by a fine

of not more than $10,000 or by

imprisonment for not more than 2 years,

or by both. If a conviction is for a

violation committed after a first

conviction of such person under this

paragraph, punishment shall be by a

fine of not more than $20,000 per day

of violation, or by imprisonment of not

more than 4 years, or by both. (See

Section 309.c.4 of the Clean Water Act).

b. Civil Penalties—The CWA provides

that any person who violates a permit

condition implementing Sections 301,

302, 306, 307, 308, 318, or 405 of the

Act is subject to a civil penalty not to

exceed $25,000 per day for each

violation.

c. Administrative Penalties—The

CWA provides that any person who

violates a permit condition

implementing Sections 301, 302, 306,

307, 308, 318, or 405 of the Act is

subject to an administrative penalty, as

follows:

(1) Class I penalty. Not to exceed

$10,000 per violation nor shall the

maximum amount exceed $25,000.

(2) Class II penalty. Not to exceed

$10,000 per day for each day during

which the violation continues nor shall

the maximum amount exceed $125,000.

B. Continuation of the Expired General

Permit

This permit expires at midnight on

October 1, 2002. However, an expired

general permit continues in force and

effect until a new general permit or an

individual permit is issued. Permittees

must submit a new NOI in accordance

with the requirements of Part II of this

permit, using an NOI form provided by

the Director (or photocopy thereof)

between August 1, 2002 and October 1,

2002 to remain covered under the

continued permit after October 1, 2002.

Facilities that have not obtain coverage

under the permit by October 1, 2002

cannot become authorized to discharge

under the continued permit.

C. Need to Halt or Reduce Activity Not

a Defense

It shall not be a defense for a

permittee in an enforcement action that

it would have been necessary to halt or

reduce the permitted activity in order to

maintain compliance with the

conditions of this permit.

D. Duty to Mitigate

The permittee shall take all

reasonable steps to minimize or prevent

any discharge in violation of this permit

which has a reasonable likelihood of

adversely affecting human health or the

environment.

E. Duty to Provide Information

The permittee shall furnish within a

reasonable time to the Director; an

authorized representative of the

Director; a State or local agency

approving sediment and erosion plans,

grading plans, or storm water

management plans; or in the case of a

storm water discharge associated with
Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices 18613

industrial activity which discharges

through a municipal separate storm

sewer system with an NPDES permit, to

the municipal operator of the system,

any information which is requested to

determine compliance with this permit

or other information.

F. Other Information

When the permittee becomes aware

that he or she failed to submit any

relevant facts or submitted incorrect

information in the Notice of Intent or in

any other report to the Director, he or

she shall promptly submit such facts or

information.

G. Signatory Requirements

All Notices of Intent, storm water

pollution prevention plans, reports,

certifications or information either

submitted to the Director or the operator

of a large or medium municipal separate

storm sewer system, or that this permit

requires be maintained by the permittee,

shall be signed as follows:

1. All Notices of Intent shall be signed

as follows:

a. For a corporation: by a responsible

corporate officer. For the purpose of this

section, a responsible corporate officer

means: (1) A president, secretary,

treasurer, or vice-president of the

corporation in charge of a principal

business function, or any other person

who performs similar policy or

decision-making functions for the

corporation; or (2) the manager of one or

more manufacturing, production or

operating facilities employing more than

250 persons or having gross annual sales

or expenditures exceeding $25,000,000

(in second-quarter 1980 dollars) if

authority to sign documents has been

assigned or delegated to the manager in

accordance with corporate procedures;

b. For a partnership or sole

proprietorship: by a general partner or

the proprietor, respectively; or

c. For a municipality, State, Federal,

or other public agency: by either a

principal executive officer or ranking

elected official. For purposes of this

section, a principal executive officer of

a Federal agency includes (1) the chief

executive officer of the agency, or (2) a

senior executive officer having

responsibility for the overall operations

of a principal geographic unit of the

agency (e.g., Regional Administrators of

EPA).

2. All reports required by the permit

and other information requested by the

Director or authorized representative of

the Director shall be signed by a person

described above or by a duly authorized

representative of that person. A person

is a duly authorized representative only

if:

a. The authorization is made in

writing by a person described above and

submitted to the Director.

b. The authorization specifies either

an individual or a position having

responsibility for the overall operation

of the regulated facility or activity, such

as the position of manager, operator,

superintendent, or position of

equivalent responsibility or an

individual or position having overall

responsibility for environmental matters

for the company. (A duly authorized

representative may thus be either a

named individual or any individual

occupying a named position).

c. Changes to authorization. If an

authorization under paragraph II.B.3. is

no longer accurate because a different

operator has responsibility for the

overall operation of the construction

site, a new notice of intent satisfying the

requirements of paragraph II.B. must be

submitted to the Director prior to or

together with any reports, information,

or applications to be signed by an

authorized representative.

d. Certification. Any person signing

documents under paragraph VI.G shall

make the following certification:

‘‘I certify under penalty of law that this

document and all attachments were prepared

under my direction or supervision in

accordance with a system designed to assure

that qualified personnel properly gathered

and evaluated the information submitted.

Based on my inquiry of the person or persons

who manage the system, or those persons

directly responsible for gathering the

information, the information submitted is, to

the best of my knowledge and belief, true,

accurate, and complete. I am aware that there

are significant penalties for submitting false

information, including the possibility of fine

and imprisonment for knowing violations.’’

H. Penalties for Falsification of Reports

Section 309(c)(4) of the Clean Water

Act provides that any person who

knowingly makes any false material

statement, representation, or

certification in any record or other

document submitted or required to be

maintained under this permit, including

reports of compliance or noncompliance

shall, upon conviction, be punished by

a fine of not more than $10,000, or by

imprisonment for not more than 2 years,

or by both.

I. Penalties for Falsification of

Monitoring Systems

The Clean Water Act provides that

any person who falsifies, tampers with,

or knowingly renders inaccurate any

monitoring device or method required

to be maintained under this permit

shall, upon conviction, be punished by

a fine of not more than $10,000, or by

imprisonment for not more than 2 years,

or both. If a conviction of a person is for

a violation committed after a first

conviction of such person under this

paragraph, punishment is a fine of not

more than $20,000 per day of violation,

or by imprisonment of not more than 4

years, or both.

J. Oil and Hazardous Substance Liability

Nothing in this permit shall be

construed to preclude the institution of

any legal action or relieve the permittee

from any responsibilities, liabilities, or

penalties to which the permittee is or

may be subject under section 311 of the

CWA or section 106 of the

Comprehensive Environmental

Response, Compensation and Liability

Act of 1980 (CERCLA).

K. Property Rights

The issuance of this permit does not

convey any property rights of any sort,

nor any exclusive privileges, nor does it

authorize any injury to private property

nor any invasion of personal rights, nor

any infringement of Federal, State or

local laws or regulations.

L. Severability

The provisions of this permit are

severable, and if any provision of this

permit, or the application of any

provision of this permit to any

circumstance, is held invalid, the

application of such provision to other

circumstances, and the remainder of

this permit shall not be affected thereby.

M. Transfers

Coverage under this permit is not

transferable to any person except after

notice to the Director. The Director may

require termination of permit coverage

by the current permittee in accordance

with Part IX of this permit; and the

subsequent submission of a Notice of

Intent to receive coverage under the

permit by the new applicant in

accordance with Part II of this permit.

N. Requiring an Individual Permit or an

Alternative General Permit

1. The Director may require any

person authorized by this permit to

apply for and/or obtain either an

individual NPDES permit or an

alternative NPDES general permit. Any

interested person may petition the

Director to take action under this

paragraph. Where the Director requires

a discharger authorized to discharge

under this permit to apply for an

individual NPDES permit, the Director

shall notify the discharger in writing

that a permit application is required.

This notification shall include a brief

statement of the reasons for this

decision, an application form, a
18614 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices

statement setting a deadline for the

discharger to file the application, and a

statement that on the effective date of

issuance or denial of the individual

NPDES permit or the alternative general

permit as it applies to the individual

permittee, coverage under this general

permit shall automatically terminate.

Applications shall be submitted to the

appropriate Regional Office indicated in

Part V.C of this permit. The Director

may grant additional time to submit the

application upon request of the

applicant. If a discharger fails to submit

in a timely manner an individual

NPDES permit application as required

by the Director under this paragraph,

then the applicability of this permit to

the individual NPDES permittee is

automatically terminated at the end of

the day specified by the Director for

application submittal.

2. Any discharger authorized by this

permit may request to be excluded from

the coverage of this permit by applying

for an individual permit. In such cases,

the permittee shall submit an individual

application in accordance with the

requirements of 40 CFR 122.26(c)(1)(ii),

with reasons supporting the request, to

the Director at the address for the

appropriate Regional Office indicated in

Part V.C of this permit. The request may

be granted by issuance of any individual

permit or an alternative general permit

if the reasons cited by the permittee are

adequate to support the request.

3. When an individual NPDES permit

is issued to a discharger otherwise

subject to this permit, or the discharger

is authorized to discharge under an

alternative NPDES general permit, the

applicability of this permit to the

individual NPDES permittee is

automatically terminated on the

effective date of the individual permit or

the date of authorization of coverage

under the alternative general permit,

whichever the case may be. When an

individual NPDES permit is denied to

an owner or operator otherwise subject

to this permit, or the owner or operator

is denied for coverage under an

alternative NPDES general permit, the

applicability of this permit to the

individual NPDES permittee is

automatically terminated on the date of

such denial, unless otherwise specified

by the Director.

O. State/Environmental Laws

1. Nothing in this permit shall be

construed to preclude the institution of

any legal action or relieve the permittee

from any responsibilities, liabilities, or

penalties established pursuant to any

applicable State law or regulation under

authority preserved by section 510 of

the Act.

2. No condition of this permit shall

release the permittee from any

responsibility or requirements under

other environmental statutes or

regulations.

P. Proper Operation and Maintenance

The permittee shall at all times

properly operate and maintain all

facilities and systems of treatment and

control (and related appurtenances)

which are installed or used by the

permittee to achieve compliance with

the conditions of this permit and with

the requirements of storm water

pollution prevention plans. Proper

operation and maintenance also

includes adequate laboratory controls

and appropriate quality assurance

procedures. Proper operation and

maintenance requires the operation of

backup or auxiliary facilities or similar

systems, installed by a permittee only

when necessary to achieve compliance

with the conditions of the permit.

Q. Inspection and Entry

The permittee shall allow the Director

or an authorized representative of EPA,

the State, or, in the case of a

construction site which discharges

through a municipal separate storm

sewer, an authorized representative of

the municipal operator or the separate

storm sewer receiving the discharge,

upon the presentation of credentials and

other documents as may be required by

law, to:

1. Enter upon the permittee’s

premises where a regulated facility or

activity is located or conducted or

where records must be kept under the

conditions of this permit;

2. Have access to and copy at

reasonable times, any records that must

be kept under the conditions of this

permit;

3. Inspect at reasonable times any

facilities or equipment (including

monitoring and control equipment); and

4. Sample or monitor at reasonable

times, for the purposes of assuring

permit compliance or as otherwise

authorized by the CWA, any substances

or parameter at any location on the site.

R. Permit Actions

This permit may be modified, revoked

and reissued, or terminated for cause.

The filing of a request by the permittee

for a permit modification, revocation

and reissuance, or termination, or a

notification of planned changes or

anticipated noncompliance does not

stay any permit condition.

S. Planned Changes

The permittee shall amend the

pollution prevention plan as soon as

possible identifying any planned

physical alterations or additions to the

permitted facility.

T. Twenty-Four Hour Reporting

(1) The permittee shall report any

noncompliance which may endanger

health or the environment. Any

information shall be provided orally

within 24 hours from the time the

permittee becomes aware of the

circumstances. A written submission

shall also be provided within 5 days of

the time the permittee becomes aware of

the circumstances. A written

submission shall also be provided

within 5 days of the time the permittee

becomes aware of the circumstances.

The written submission shall contain a

description of the noncompliance and

its cause: the period of noncompliance,

including exact dates and times, and if

the noncompliance has not been

corrected, the anticipated time it is

expected to continue; and steps taken or

planned to reduce, eliminate, and

prevent reoccurrence of the

noncompliance.

U. Bypass

(1) Definitions.

(i) Bypass means the intentional

diversion of waste streams from any

portion of a treatment facility.

(ii) Severe property damage means

substantial physical damage to property

which causes them to become

inoperable or substantial and permanent

loss of natural resources which can

reasonably be expected to occur in the

absence of a bypass. Severe property

damage does not mean economic loss

caused by delays in production.

(2) Bypass not exceeding limitations.

The permittee may allow any bypass to

occur which does not cause effluent

limitations to be exceeded, but only if

it also is for essential maintenance to

assure efficient operation. These

bypasses are not subject to the

provisions of paragraphs S(3) and S(4).

(3) Notice.

(i) Anticipated bypass. If the

permittee knows in advance of the need

for a bypass, it shall submit prior notice,

if possible at least ten days before the

date of the bypass.

(ii) Unanticipated bypass. The

permittee shall submit notice of an

unanticipated bypass as required in

paragraph R. of this section (24-hour

notice).

(4) Prohibition of bypass.

(i) Bypass is prohibited, and the

Director may take enforcement action

against a permittee for bypass, unless:

(A) Bypass was unavoidable to

prevent loss of life, personal injury, or

severe property damage;
Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices 18615

3A copy of the approved NOT form is provided

in Appendix A of this notice.

(B) There were no feasible alternatives

to the bypass, such as the use of

auxiliary treatment facilities, retention

of untreated wastes, or maintenance

during normal periods of equipment

downtime. This condition is not

satisfied if adequate back-up equipment

should have been installed in the

exercise of reasonable engineering

judgement to prevent a bypass which

occurred during normal periods of

equipment downtime or preventive

maintenance; and

(C) the permittee submitted notices as

required under paragraph S(3) of this

section.

(ii) The Director may approve an

anticipated bypass after considering its

adverse effects, if the Director

determines that it will meet the three

conditions listed above in paragraph

S(4)(i) of this section.

Part VIII. Reopener Clause

A. If there is evidence indicating

potential or realized impacts on water

quality due to any storm water

discharge associated with industrial

activity covered by this permit, the

discharger may be required to obtain

individual permit or an alternative

general permit in accordance with Part

I.C of this permit or the permit may be

modified to include different limitations

and/or requirements.

B. Permit modification or revocation

will be conducted according to 40 CFR

122.62, 122.63, 122.64 and 124.5.

C. This permit may be modified, or

alternatively, revoked and reissued, to

comply with any applicable provisions

of the Phase II storm water regulations

once they are issued.

Part IX. Termination of Coverage

A. Notice of Termination

Where a site has been finally

stabilized and all storm water

discharges from construction sites that

are authorized by this permit are

eliminated (see Part IX.A.5. for the

definition of eliminated), or where the

operator of all storm water discharges at

a facility changes, the operator of the

facility may submit a Notice of

Termination that is signed in

accordance with Part VII.G of this

permit. The Notice of Termination shall

include the following information:

1. The mailing address, and location

of the construction site for which the

notification is submitted. Where a

mailing address for the site is not

available, the location can be described

in terms of the latitude and longitude of

the approximate center of the facility to

the nearest 15 seconds, or the section,

township and range to the nearest

quarter section;

2. The name, address, and telephone

number of the operator seeking

termination of permit coverage;

3. The NPDES permit number for the

storm water discharge identified by this

Notice of Termination;

4. An identification of whether the

storm water discharges associated with

industrial activity have been eliminated

or the operator of the discharges has

changed; and

5. The following certification signed

in accordance with Part VII.G (signatory

requirements) of this permit:

‘‘I certify under penalty of law that all

storm water discharges associated with

industrial activity from the identified facility

that are authorized by a NPDES general

permit have otherwise been eliminated or

that I am no longer the operator of the facility

or construction site. I understand that by

submitting this notice of termination, that I

am no longer authorized to discharge storm

water associated with industrial activity by

the general permit, and that discharging

pollutants in storm water associated with

industrial activity to waters of the United

States is unlawful under the Clean Water Act

where the discharge is not authorized by a

NPDES permit. I also understand that the

submittal of this notice of termination does

not release an operator from liability for any

violations of this permit or the Clean Water

Act.’’

For the purposes of this certification,

elimination of storm water discharges

associated with industrial activity

means that all disturbed soils at the

identified facility have been finally

stabilized and temporary erosion and

sediment control measures have been

removed or will be removed at an

appropriate time, or that all storm water

discharges associated with construction

activities from the identified site that

are authorized by a NPDES general

permit have otherwise been eliminated.

B. All Notices of Termination are to

be sent, using the form provided by the

Director (or a photocopy thereof) 3, to

the following address: Storm Water

Notice of Termination, Surface Water

Permits & Facilities Branch, 100

Alabama St., SW, Atlanta, GA 30303.

C. Additional Notification

A copy of the Notice of Termination

shall be sent to the State agency which

issued the State storm water permit for

the site and, if the storm water

management system discharges to a

municipal separate storm sewer system

within Broward, Dade, Duval, Escambia,

Hillsborough, Lee, Leon, Manatee,

Orange, Palm Beach, Pasco, Pinellas,

Polk, Sarasota or Seminole Counties, to

the owner of that system. Included

within these counties, the Florida

Department of Transportation (FDOT),

incorporated municipalities, and

chapter 298 Special Districts also shall

be notified where they own or operate

a municipal separate storm sewer

system receiving storm water discharges

associated with construction activity

covered by this permit.

Part X. Definitions

Best Management Practices (BMPs)

means schedules of activities,

prohibitions of practices, maintenance

procedures, and other management

practices to prevent or reduce the

pollution of waters of the United States.

BMPs also include treatment

requirements, operating procedures, and

practices to control plant site runoff,

spillage or leaks, sludge or waste

disposal, or drainage from raw material

storage.

Commencement of Construction—The

initial disturbance of soils associated

with clearing, grading, or excavating

activities or other construction

activities.

CWA means Clean Water Act or the

Federal Water Pollution Control Act

Dedicated portable asphalt plant—A

portable asphalt plant that is located on

or contiguous to a construction site and

that provides asphalt only to the

construction site that the plant is

located on or adjacent to. The term

dedicated portable asphalt plant does

not include facilities that are subject to

the asphalt emulsion effluent limitation

guideline at 40 CFR 443.

Dedicated portable concrete plant—A

portable concrete plant that is located

on or contiguous to a construction site

and that provides concrete only to the

construction site that the plant is

located on or adjacent to.

Director means the Regional

Administrator of the Environmental

Protection Agency or an authorized

representative.

Final Stabilization means that all soil

disturbing activities at the site have

been completed, and that a uniform

perennial vegetative cover with a

density of 70% of the cover for unpaved

areas and areas not covered by

permanent structures has been

established or equivalent permanent

stabilization measures (such as the use

of riprap, gabions, or geotextiles) have

been employed.

Flow-weighted composite sample

means a composite sample consisting of

a mixture of aliquots collected at a

constant time interval, where the

volume of each aliquot is proportional

to the flow rate of the discharge.

Large and Medium municipal

separate storm sewer system means all
18616 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices

municipal separate storm sewers that

are either: (i) located in an incorporated

place (city) with a population of 100,000

or more as determined by the latest

Decennial Census by the Bureau of

Census (these cities are listed in

Appendices F and G of 40 CFR Part

122); or (ii) located in the counties with

unincorporated urbanized populations

of 100,000 or more, except municipal

separate storm sewers that are located in

the incorporated places, townships or

towns within such counties (these

counties are listed in Appendices H and

I of 40 CFR Part 122); or (iii) owned or

operated by a municipality other than

those described in paragraph (i) or (ii)

and that are designated by the Director

as part of the large or medium

municipal separate storm sewer system.

NOI means notice of intent to be

covered by this permit (see Part II of this

permit.)

NOT means notice of termination (see

Part IX of this permit).

Point Source means any discernible,

confined, and discrete conveyance,

including but not limited to, any pipe,

ditch, channel, tunnel, conduit, well,

discrete fissure, container, rolling stock,

concentrated animal feeding operation,

landfill leachate collection system,

vessel or other floating craft from which

pollutants are or may be discharges.

This term does not include return flows

from irrigated agriculture or agricultural

storm water runoff.

Runoff coefficient means the fraction

of total rainfall that will appear at the

conveyance as runoff.

Storm Water means storm water

runoff, snow melt runoff, and surface

runoff and drainage.

Storm Water Associated with

Industrial Activity means the discharge

from any conveyance which is used for

collecting and conveying storm water

and which is directly related to

manufacturing, processing or raw

materials storage areas at an industrial

plant. The term does not include

discharges from facilities or activities

excluded from the NPDES program. For

the categories of industries identified in

paragraphs (i) through (x) of this

definition, the term includes, but is not

limited to, storm water discharges from

industrial plant yards; immediate access

roads and rail lines used or traveled by

carriers of raw materials, manufactured

products, waste material, or by-products

used or created by the facility; material

handling sites; refuse sites; sites used

for the application or disposal of

process waste waters (as defined at 40

CFR 401); sites used for the storage and

maintenance of material handling

equipment; sites used for residual

treatment, storage, or disposal; shipping

and receiving areas; manufacturing

buildings; storage areas (including tank

farms) for raw materials, and

intermediate and finished products; and

areas where industrial activity has taken

place in the past and significant

materials remain and are exposed to

storm water. For the categories of

industries identified in paragraph (xi) of

this definition, the term includes only

storm water discharges from all areas

(except access roads and rail lines)

listed in the previous sentence where

material handling equipment or

activities, raw materials, intermediate

products, final products, waste

materials, by-products, or industrial

machinery are exposed to storm water.

For the purposes of this paragraph,

material handling activities include the:

storage, loading and unloading,

transportation, or conveyance of any

raw material, intermediate product,

finished product, by-product or waste

product. The term excludes areas

located on plant lands separate from the

plant’s industrial activities, such as

office buildings and accompanying

parking lots as long as the drainage from

the excluded areas is not mixed with

storm water drained from the above

described areas. Industrial facilities

(including industrial facilities that are

Federally or municipally owned or

operated that meet the description of the

facilities listed in this paragraph (i)–(xi)

of this definition) include those

facilities designated under

122.26(a)(1)(v). The following categories

of facilities are considered to be

engaging in ‘‘industrial activity’’ for

purposes of this subsection:

(i) Facilities subject to storm water

effluent limitations guidelines, new

source performance standards, or toxic

pollutant effluent standards under 40

CFR Subchapter N (except facilities

with toxic pollutant effluent standards

which are exempted under category (xi)

of this definition);

(ii) Facilities classified as Standard

Industrial Classifications 24 (except

2434), 26 (except 265 and 267), 28

(except 283), 29, 311, 32 (except 323),

33, 3441, 373;

(iii) Facilities classified as Standard

Industrial Classifications 10 through 14

(mineral industry) including active or

inactive mining operations (except for

areas of coal mining operations no

longer meeting the definition of a

reclamation area under 40 CFR 434.11(l)

because the performance bond issued to

the facility by the appropriate SMCRA

authority has been released, or except

for areas of non-coal mining operations

which have been released from

applicable State or Federal reclamation

requirements after December 17, 1990)

and oil and gas exploration, production,

processing, or treatment operations, or

transmission facilities that discharge

storm water contaminated by contact

with or that has come into contact with,

any overburden, raw material,

intermediate products, finished

products, byproducts or waste products

located on the site of such operations;

inactive mining operations are mining

sites that are not being actively mined,

but which have an identifiable owner/

operator;

(iv) Hazardous waste treatment,

storage, or disposal facilities, including

those that are operating under interim

status or a permit under Subtitle C of

RCRA;

(v) Landfills, land application sites,

and open dumps that have received any

industrial wastes (waste that is received

from any of the facilities described

under this subsection) including those

that are subject to regulation under

Subtitle D of RCRA;

(vi) Facilities involved in the

recycling of materials, including metal

scrapyards, battery reclaimers, salvage

yards, and automobile junkyards,

including but limited to those classified

as Standard Industrial Classification

5015 and 5093;

(vii) Steam electric power generating

facilities, including coal handling sites;

(viii) Transportation facilities

classified as Standard Industrial

Classifications 40, 41, 42 (except 4221–

25), 43, 44, 45, and 5171 which have

vehicle maintenance shops, equipment

cleaning operations, or airport deicing

operations. Only those portions of the

facility that are either involved in

vehicle maintenance (including vehicle

rehabilitation, mechanical repairs,

painting, fueling, and lubrication),

equipment cleaning operations, airport

deicing operations, or which are

otherwise identified under paragraphs

(i)–(vii) or (ix)–(xi) of this subsection are

associated with industrial activity;

(ix) Treatment works treating

domestic sewage or any other sewage

sludge or wastewater treatment device

or system, used in the storage treatment,

recycling, and reclamation of municipal

or domestic sewage, including land

dedicated to the disposal of sewage

sludge that are located within the

confines of the facility, with a design

flow of 1.0 mgd or more, or required to

have an approved pretreatment program

under 40 CFR 403. Not included are

farm lands, domestic gardens or lands

used for sludge management where

sludge is beneficially reused and which

are not physically located in the

confines of the facility, or areas that are

in compliance with 40 CFR 503;
Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices 18617

4On June 4, 1992, the United States Court of

Appeals for the Ninth Circuit remanded the

exclusion for manufacturing facilities in category

(xi) which do not have materials or activities

exposed to storm water to the EPA for further

rulemaking. (Nos. 90–70671 and 91–70200).

5On June 4, 1992, the United States Court of

Appeals for the Ninth Circuit remanded the

exemption for construction sites of less than five

acres to the EPA for further rulemaking (Natural

Resources Defense Council v. EPA, Nos. 90–70671

and 91–70200, slip op. at 6217 (9th Cir. June 4,

1992).

(x) Construction activity including

clearing, grading and excavation

activities except: operations that result

in the disturbance of less than five acres

of total land area which are not part of

a larger common plan of development or

sale;

(xi) Facilities under Standard

Industrial Classifications 20, 21, 22, 23,

2434, 25, 265, 267, 27, 283, 285, 30, 31

(except 311), 323, 34 (except 3441), 35,

36, 37 (except 373), 38, 39, 4221–25,

(and which are not otherwise included

within categories (i)–(x)).4

Waters of the United States means:

(a) All waters which are currently

used, were used in the past, or may be

susceptible to use in interstate or foreign

commerce, including all waters which

are subject to the ebb and flow of the

tide;

(b) All interstate waters, including

interstate ‘‘wetlands’’;

(c) All other waters such as interstate

lakes, rivers, streams (including

intermittent streams), mudflats,

sandflats, wetlands, sloughs, prairie

potholes, wet meadows, playa lakes, or

natural ponds the use, degradation, or

destruction of which would affect or

could affect interstate or foreign

commerce including any such waters:

(1) Which are or could be used by

interstate or foreign travelers for

recreational or other purposes;

(2) From which fish or shellfish are or

could be taken and sold in interstate or

foreign commerce; or

(3) Which are used or could be used

for industrial purposes by industries in

interstate commerce;

(d) All impoundments of waters

otherwise defined as waters of the

United States under this definition;

(e) Tributaries of waters identified in

paragraphs (a) through (d) of this

definition;

(f) The territorial sea; and

(g) Wetlands adjacent to waters (other

than waters that are themselves

wetlands) identified in paragraphs (a)

through (f) of this definition.

Waste treatment systems, including

treatment ponds or lagoons designed to

meet the requirements of CWA are not

waters of the United States.

Robert F. McGhee,

Director, Water Management Division.

Draft NPDES Permits for Storm Water

Discharges from Construction Activities

that are Classified as ‘‘Associated with

Industrial Activity’’; Fact Sheet

DATES: These general permits shall be

effective on April 16, 1997. Deadlines

for submittal of Notices of Intent to be

authorized to discharge under these

permits are as follows:

(1) On or before October 1, 1992, for

storm water discharges associated with

industrial activity from construction

sites where disturbances associated with

a construction project occur on or before

October 1, 1992, and final stabilization

is completed after October 1, 1992;

(2) For storm water discharges

associated with industrial activity from

construction sites where disturbances

associated with a construction project

do not occur until after October 1, 1992,

at least 2 days prior to the

commencement of construction; and

(3) For storm water discharges

associated with industrial activity from

construction sites where the original

permittee at the site changes or an

additional operator submits an NOI for

coverage as a copermittee, a new NOI

shall be submitted at least 2 days prior

to when the new operator commences

work at the site.

The final general permits provide

additional dates for compliance with the

terms of the permit.

Table of Contents

I. Introduction

II. Coverage of General permits

III. Summary of Options for Controlling

Pollutants

IV. Summary of Permit Conditions

V. Cost Estimates

VI. Economic Impact (Executive Order

12291)

VII. Paperwork Reduction Act

VIII. Section 401 Certification

IX. Regulatory Flexibility Act

I. Introduction

In 1972, the Federal Water Pollution

Control Act (also referred to as the Clean

Water Act (CWA)) was amended to

provide that the discharge of any

pollutants to waters of the Untied States

from any point source is unlawful,

except if the discharge is in compliance

with a National Pollutant Discharge

Elimination System (NDPES) permit. In

1987, § 402(p) was added to the CWA to

establish a comprehensive framework

for addressing storm water discharges

under the NPDES program. Section

402(p)(4) of the CWA clarifies the

requirements for EPA to issue NPDES

permits for storm water discharges

associated with industrial activity. On

November 16, 1990 (55 FR 47990), EPA

published final regulations which

define the term ‘‘storm water discharge

associated with industrial activity’’.

In 1992, EPA issued a general permit

for discharges of storm water from

construction activities ‘‘associated with

industrial activity’’ to reduce the

administrative burden of issuing an

individual NDPES permit to each

construction activity.

II. Coverage of General Permits

Section 402(p) of the Clean Water Act

(CWA) clarifies that storm water

discharges associated with industrial

activity to waters of the United States

must be authorized by an NPDES

permit. On November 16, 1990, EPA

published regulations under the NPDES

program which defined the term ‘‘storm

water discharge associated with

industrial activity’’ to include storm

water discharges from construction

activities (including clearing, grading,

and excavation activities) that result in

the disturbance of five or more acres of

total land area, including areas that are

part of a larger common plan of

development or sale (40 CFR

122.26(b)(14)(x)).5 The term ‘‘storm

water discharge from construction

activities’’ will be used in this

document to refer to storm water

discharges from construction sites that

meet the definition of a storm water

discharge associated with industrial

activity.

This draft general permit may

authorize storm water discharges from

existing construction sites (facilities

where construction activities began

before October 1, 1997, and final

stabilization is to occur after October 1,

1997) and new construction sites. New

construction sites are those facilities

where disturbances associated

construction activities commence after

October 1, 1997. To obtain authorization

under today’s permits, a discharger

must submit a complete NOI and

comply with the terms of the permit.

The terms of the permit, including the

requirements for submitting an NOI, are

discussed in more detail below.

The following discharges are not

authorized by these final general

permits:

• Storm water discharges associated

with industrial activity that originate
18618 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices

6 ‘‘Performance of Current Sediment Control

Measures at Maryland Construction Sites’’, January

1990, Metropolitan Washington Council of

Governments.

7 ‘‘Guides for Erosion and Sediment Control in

California,’’ USDA, Soil Conservation Service,

Davis CA, Revised 1985.

8 ‘‘Guides for Erosion and Sediment Control in

California’’, USDA—Soil Conservation Service,

Davis CA, Revised 1985.

from the site after construction activities

have been completed and the site has

undergone final stabilization;

• Non-storm water discharges (except

certain non-storm water discharges

specifically listed in today’s general

permits). However, today’s permits can

authorize storm water discharges from

construction activities where such

discharges are mixed with non-storm

water discharges that are authorized by

a different NPDES permit;

• Storm water discharges from

construction sites that are covered by an

existing NPDES individual or general

permit. However, storm water

discharges associated with industrial

activity from a construction site that are

authorized by an existing permit may be

authorized by today’s general permit

after the existing permit expires,

provided the expired permit did not

establish numeric limitations for such

discharges;

• Storm water discharges from

construction sites that the Director has

determined to be or may reasonably be

expected to be contributing to a

violation of a water quality standard;

and

• Storm water discharges from

construction sites if the discharges are

likely to adversely affect a listed

endangered or threatened species or a

species that is proposed to be listed as

endangered or threatened or its critical

habitat.

III. Summary of Options for Controlling

Pollutants

Most controls for construction

activities can be categorized into two

groups: 1) sediment and erosion

controls; and 2) storm water

management measures. Sediment and

erosion controls generally address

pollutants in storm water generated

from the site during the time when

construction activities are occurring.

Storm water management measures

generally are installed during and before

competition of the construction process,

but primarily result in reductions of

pollutants in storm water discharged

from the site after the construction has

been completed. Additional measures

include housekeeping best management

practices.

A. Sediment and Erosion Controls.

Erosion controls provide the first line

of defense in preventing offsite

sediment movement and are designed to

prevent erosion through protection and

preservation of soils. Sediment controls

are designed to remove sediment from

runoff before the runoff is discharged

from the site. Sediment and erosion

controls can be further divided into two

major classes of controls: stabilization

practices and structural practices. Major

types of sediment and erosion practices

are summarized below. A more

complete description of these practices

is given in ‘‘Storm Water Management

for Construction Activities: Developing

Pollution Prevention Plans and Best

Management Practices’’, U.S. EPA, 1992.

1. Sediment and Erosion Controls:

Stabilization Practices. Stabilization, as

discussed here, refers to covering or

maintaining an existing cover over soils.

The cover may be vegetation, such as

grass, trees, vines, or shrubs.

Stabilization measures can also include

nonvegetative controls such as

geotextiles, riprap, or gabions (wire

mesh boxes filed with rock). Mulches,

such as straw or bark, are most effective

when used in conjunction with

establishing vegetation, but can be used

without vegetation. Stabilization of

exposed and denuded soils is one of the

most important factors in minimizing

erosion while construction activities

occur. A vegetation cover reduces the

erosion potential of a site by absorbing

the kinetic energy of raindrops that

would otherwise disturb unprotected

soil; intercepting water so that it

infiltrates into the ground instead of

running off the surface; and slowing the

velocity of runoff, thereby promoting

deposition of sediment in the runoff.

Stabilization measures are often the

most important measures taken to

prevent offsite sediment movement and

can provide large reductions suspended

sediment levels in discharges and

receiving waters.6 Examples of

stabilization measures are summarized

below.

a. Temporary Seeding. Temporary

seeding provides for temporary

stabilization by establishing vegetation

at areas of the site where activities will

temporarily cease until later in the

construction project. Without temporary

stabilization, soils at these areas are

exposed to precipitation for an extended

time period, even though work is not

occurring on these areas. Temporary

seeding practices have been found to be

up to 95 percent effective in reducing

erosion.7

b. Permanent Seeding. Permanent

seeding involves establishing a

sustainable ground cover at a site.

Permanent seeding stabilizes the soil to

reduce sediment in runoff from the site

by controlling erosion and is typically

required at most sites for aesthetic

reasons.

c. Mulching. Mulching is typically

conducted as part of permanent and

temporary seeding practices. Where

temporary and permanent seeding is not

feasible, exposed soils can be stabilized

by applying plant residues or other

suitable materials to the soil surface.

Although generally not as effective as

seeding practices, mulching by itself,

does provide some erosion control.

Mulching in conjunction with seeding

provides erosion protection prior to the

onset of vegetation growth. In addition,

mulching protects seeding activities,

providing a higher likelihood of

successful establishment of vegetation.

To maintain optimum effectiveness,

mulches must be anchored to resist

wind displacement.

d. Sod Stabilization. Sod stabilization

involves establishing long-term stands

of grass with sod on exposed surfaces.

When installed and maintained

properly, sodding can be more than 99

percent effective in reducing erosion 8,

making it the most effective vegetation

practice available. The cost of sod

stabilization (relative to other vegetative

controls) typically limits its use to

exposed soils where a quick vegetative

cover is desired and sites which can be

maintained with ground equipment. In

addition, sod is sensitive to climate and

may require intensive watering and

fertilization.

e. Vegetative Buffer Strips. Vegetative

buffer strips are preserved or planted

strips of vegetation at the top and

bottom of a slope, outlining property

boundaries, or adjacent to receiving

waters such as streams or wetlands.

Vegetative buffer strips can slow runoff

flows at critical areas, decreasing

erosion and allowing sediment

deposition.

f. Protection of Trees. This practice

involves preserving and protecting

selected trees that exist on the site prior

to development. Mature trees provide

extensive canopy and root systems

which help to hold soil in place. Shade

trees also keep soil from drying rapidly

and becoming susceptible to erosion.

Measures taken to protect trees can vary

significantly, from simple measures

such as installing tree fencing around

the drip line and installing tree

armoring, to more complex measures

such as building retaining walls and tree

wells.

2. Sediment and Erosion Controls:

Structural Practices. Structural practices

involve the installation of devices to
Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices 18619

9 ‘‘Controlling Urban Runoff: A Practical Manual

for Planning and Designing Urban BMPs’’, July,

1987, Metropolitan Washington Council of

Governments.

10 ‘‘Urban Targeting and BMP Selection’’, United

States EPA, Region V, November 1990.

11 ‘‘Standards and Specifications for Infiltration

Practices’’, 1984, Maryland Water Resources

Administration.

divert flow, store flow, or limit runoff.

Structural practices have several

objectives. First, structural practices can

be designed to prevent water from

crossing disturbed areas where sediment

may be removed. This involves

diverting runoff from undisturbed

upslope areas through use of earth

dikes, temporary swales, perimeter

dike/swales, or diversions to stable

areas. A second objective of structural

practices can be to remove sediment

from site runoff before the runoff leaves

the site. Approaches to removing

sediment from site runoff include

diverting flows to a trapping or storage

device or filtering diffuse flow through

silt fences before it leaves the site. All

structural practices require proper

maintenance (removal of sediment) to

remain functional.

a. Earth Dike. Earth dikes are

temporary berms or ridges of compacted

soil that channel water to a desired

location. Earth dikes should be

stabilized with vegetation.

b. Silt Fence. Silt fences are a barrier

of geotextile fabric (filter cloth) used to

intercept sediment in diffuse runoff.

They must be carefully maintained to

ensure structural stability and to remove

excess sediment.

c. Drainage Swales. A drainage swale

is a drainage channel lined with grass,

riprap, asphalt, concrete, or other

materials. Drainage swales are installed

to convey runoff without causing

erosion.

d. Sediment Traps. Sediment traps

can be installed in a drainage way, at a

storm drain inlet, or other points of

discharge from a disturbed area.

e. Check Dams. Check dams are small

temporary dams constructed across a

swale or drainage ditch to reduce the

velocity of runoff flows, thereby

reducing erosion of the swale or ditch.

Check dams should not be used in a live

stream. Check dams reduce the need for

more stringent erosion control practices

in the swale due to the decreased

velocity and energy of runoff.

f. Level Spreader. Level spreaders are

outlets for dikes and diversions

consisting of an excavated depression

constructed at zero grade across a slope.

Level spreaders convert concentrated

runoff into diffuse runoff and release it

onto areas stabilized by existing

vegetation.

g. Subsurface Drain. Subsurface

drains transport water to an area where

the water can be managed effectively.

Drains can be made of tile, pipe, or

tubing.

h. Pipe Slope Drain. A pipe slope

drain is a temporary structure placed

from the top of a slope to the bottom of

a slope to convey surface runoff down

slopes without causing erosion.

i. Temporary Storm Drain Diversion.

Temporary storm drain diversions are

used to re-direct flow in a storm drain

to discharge into a sediment trapping

device.

j. Storm Drain Inlet Protection. Storm

drain inlet protection can be provided

by a sediment filter or an excavated

impounding area around a storm drain

inlet. These devices prevent sediment

from entering storm drainage systems

prior to permanent stabilization of the

disturbed area.

k. Rock Outlet Protection. Rock

protection placed at the outlet end of

culverts or channels can reduce the

depth, velocity, and energy of water so

that the flow will not erode the

receiving downstream reach.

l. Other Controls. Other controls

include temporary sediment basins,

sump pits, entrance stabilization

measures, waterway crossings, and

wind breaks.

B. Storm Water Management Measures.

Storm water management measures

are installed during and prior to

completion of the construction process,

but primarily result in reductions of

pollutants in storm water discharged

from the site after the construction has

been completed. Construction activities

often result in significant changes in

land use. Such changes typically

involve an increase in the overall

imperviousness of the site, which can

result in dramatic changes to the runoff

patterns of a site. As the amount within

a drainage area increases, the amount of

pollutants carried by the runoff

increases. In addition, activities such as

automobile travel on roads can result in

higher pollutant concentrations in

runoff compared to preconstruction

levels. Traditional storm water

management controls attempt to limit

the increases in the amount of runoff

and the amount of pollutants discharged

from a site associated with the change

in land use.

Major classes of storm water

management measures include

infiltration of runoff onsite; flow

attenuation by vegetation or natural

depressions; outfall velocity dissipation

devices; storm water retention

structures and artificial wetlands; and

storm water detention structures. For

many sites, a combination of these

controls may be appropriate. A

summary of storm water management

controls is provided below. A more

complete description of storm water

management controls is found in

‘‘Storm Water Management for

Construction Activities: Developing

Pollution Prevention Plans and Best

Management Practices’’, U.S. EPA, 1992,

and ‘‘A Current Assessment of Urban

Best Management Practices’’

Metropolitan Washington Council of

Governments, March 1992.

1. Onsite Infiltration. A variety of

infiltration technologies, including

infiltration trenches and infiltration

basins, can reduce the volume and

pollutant loadings of storm water

discharges from a site. Infiltration

devices tend to mitigate changes to

predevelopment hydrologic conditions.

Properly designed and installed

infiltration devices can reduce peak

discharges, provide ground water

recharge, augment low flow conditions

of receiving streams, reduce storm water

discharge volumes and pollutant loads,

and protect downstream channels from

erosion. Infiltration devices are a

feasible option where soils are

permeable and the water table and

bedrock are well below the surface.

Infiltration basins can also be used as

sediment basins during construction.9

Infiltration trenches can be more easily

placed into under-utilized areas of a

development and can be used for small

sites and infill developments. However,

trenches may require regular

maintenance to prevent clogs,

particularly where grass inlets or other

pollutant removing inlets are not used.

In some situations, such as low density

areas of parking lots, porous pavement

can provide for infiltration.

2. Flow Attenuation by Vegetation or

Natural Depressions. Flow attenuation

provided by vegetation or natural

depressions can provide pollutant

removal and infiltration and can lower

the erosive potential of flows.10 In

addition, these practices can enhance

habitat values and the appearance of a

site. Vegetative flow attenuation devices

include grass swales and filter strips as

well as trees that are either preserved or

planted during construction.

Typically the costs of vegetative

controls are less than other storm water

practices. The use of check dams

incorporated into flow paths can

provide additional infiltration and flow

attenuation.11 Given the limited

capacity to accept large volumes of

runoff, and potential erosion problems

associated with large concentrated

flows, vegetative controls should
18620 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices

12 ‘‘Controlling Urban Runoff: A Practical Manual

for Planning and Designing Urban BMPs’’,

Metropolitan Washington Council of Governments,

July 1987.

13See ‘‘Wetland basins for Storm Water

Treatment: Discussion and Background’’, Maryland

Sediment and Storm water Division, 1987 and ‘‘The

Value of Wetlands for Non-point Source Control—

Literature Summary’’, Strecker, E., et al., 1990.

14 ‘‘Controlling Urban Runoff, A Practical Manual

for Planning and Designing Urban BMPs’’,

Metropolitan Washington Council of Governments,

1987.

15 ‘‘Urban Targeting and BMP Selection’’, United

States EPA, Region V, November 1990.

16 ‘‘Urban Surface Water Management’’, Walesh,

S.G., Wiley, 1989.

17The term ‘‘final stabilization’’ is defined in

today’s permits and is discussed in more detail in

the Notice of Termination section of today’s fact

sheet.

usually be used in combination with

other storm water devices.

Grass swales are typically used in

areas such as low or medium density

residential development and highway

medians as an alternative to curb and

gutter drainage systems.12

3. Outfall Velocity Dissipation

Devices. Outfall velocity dissipation

devices include riprap and stone or

concrete flow spreaders. Outfall velocity

dissipation devices slow the flow of

water discharged from a site to lessen

erosion caused by the discharge.

4. Retention Structures/Artificial

Wetlands. Retention structures include

ponds and artificial wetlands that are

designed to maintain a permanent pool

of water. Properly installed and

maintained retention structures (also

known as wet ponds) and artificial

wetlands 13 can achieve a high removal

rate of sediment, BOD, organic nutrients

and metals, and are most cost-effective

when used to control runoff from larger,

intensively developed sites.14 These

devices rely on settling and biological

processes to remove pollutants.

Retention ponds and artificial wetlands

can also create wildlife habitat,

recreation, and landscape amenities, as

well as corresponding higher property

values.

5. Water Quality Detention Structures.

Storm water detention structures

include extended detention ponds,

which control the rate at which the

pond drains after a storm event.

Extended detention ponds are usually

designed to completely drain in about

24 to 40 hours, and will remain dry at

other times. They can provide pollutant

removal efficiencies that are similar to

those of retention ponds.15 Extended

detention systems are typically designed

to provide both water quality and water

quantity (flood control) benefits.16

C. Housekeeping BMPs

Pollutants that may enter storm water

from construction sites because of poor

housekeeping include oils, grease,

paints, gasoline, concrete truck

washdown, raw materials used in the

manufacture of concrete (e.g., sand,

aggregate, and cement), solvents, litter,

debris, and sanitary wastes.

Construction site management plans can

address the following to prevent the

discharge of these pollutants:

• Designate areas for equipment

maintenance and repair;

• Provide waste receptacles at convenient

locations and provide regular collection of

wastes;

• Locate equipment washdown areas on

site, and provide appropriate control of

washwaters;

• Provide protected storage areas for

chemicals, paints, solvents, fertilizers, and

other potentially toxic materials; and

• Provide adequately maintained sanitary

facilities.

IV. Summary of Permit Conditions

These general permits contain Notice

of Intent requirements, a prohibition on

discharging sources of non-storm water,

requirements for releases of hazardous

substances or oil in excess of reporting

quantities, requirements for developing

and implementing storm water

pollution prevention plans, and

requirements for site inspections.

A. Notice of Intent Requirements

NPDES general permits for storm

water discharges associated with

industrial activity require that

dischargers submit a Notice of Intent

(NOI) to be covered by the permit prior

to the authorization of their discharges

under such permit (see 40 CFR

122.28(b)(2)). Consistent with these

regulatory requirements, today’s draft

permit proposes NOI requirements.

These requirements are consistent with

the previously issued general permit.

Dischargers that submit a complete NOI

are not required to submit an individual

permit application for such discharge,

unless the Director specifically notifies

the discharger that an individual permit

application must be submitted.

Dischargers who want to obtain

coverage under these permits must

submit NOIs using the form provided by

EPA (or a photocopy thereof). The NOI

form is provided in Appendix A of this

notice and can be photocopied for use

in submittals. NOI forms are also

available from the EPA Region 4 Office

(see the ADDRESSES section of today’s

notice). Completed NOI forms must be

submitted to the following address:

Storm Water Notices of Intent(4203),

401 M Street, S.W., Washington, DC

20460

Dischargers operating under approved

State or local sediment and erosion

plans, grading plans, or storm water

management plans, must, in addition to

filing copies of the NOI with EPA,

submit signed copies of the NOI to the

State or local agency approving such

plans by the deadlines stated below.

1. Deadlines for Submitting NOIs

Deadlines for submittal of NOIs to be

authorized to discharge under these

permits are as follows:

• On or before October 1, 1997, for storm

water discharges from construction sites

where disturbances associated with a

construction project occur on or before

October 1, 1997, and final stabilization 17 is

completed at the site after October 1, 1997;

• At least 2 days prior to the

commencement of construction activities

(e.g., the initial disturbance of soils

associated with clearing, grading, excavation

activities, or other construction activities),

where such activities commence after

October 1, 1997; and

• For storm water discharges from

construction sites where the operator

changes, (including projects where an

operator is selected after an NOI has been

submitted), an NOI shall be submitted at least

2 days prior to when the operator commences

work at the site.

EPA will accept an NOI at a later date.

However, in such instances, EPA may

bring appropriate enforcement actions.

2. Authorization. Dischargers who

submit a complete NOI in accordance

with the requirements of these permits

are authorized to discharge storm water

from construction sites under the terms

and conditions of this permit 2 days

after the date that the NOI is

postmarked, unless notified by EPA.

EPA may deny coverage under this

permit and require submittal of an

individual NPDES permit application

based on a review of the completeness

and/or content of the NOI or other

information (e.g., water quality

information, compliance history, etc.).

Where EPA requires a discharger

authorized under the general permit to

apply for an individual NPDES permit

or an alternative general permit, EPA

will notify the discharger in writing that

a permit application is required.

Coverage under this general permit will

automatically terminate if the discharger

fails to submit the required permit

application in a timely manner. Where

the discharger does submit a requested

permit application, coverage under this

general permit will automatically

terminate on the effective date of the

issuance or denial of the individual

NPDES permit or the alternative general

permit as it applies to the individual

permittee.

3. Contents of the NOI. A photocopy

of the NOI in Appendix A of today’s

notice may be completed and submitted
Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices 18621

18These discharges are consistent with the

allowable classes of non-storm water discharges to

municipal separate storm sewer systems (40 CFR

122.26(d)(iv)(D)).

to EPA’s central address to obtain

authorization to discharge under today’s

permits. The NOI form requires the

following information:

• The mailing address of the construction

site for which the notification is submitted.

Where a mailing address for the site is not

available, the location of the approximate

center of the site must be described in terms

of the latitude and longitude to the nearest

15 seconds, or the section, township, and

range to the nearest quarter;

• The site owner’s name, address, and

telephone number;

• The name, address, and telephone

number of the operator(s) with day-to-day

operational control who have been identified

at the time of the NOI submittal, and their

status as a Federal, State, private, public, or

other entity. Where multiple operators have

been selected at the time of the initial NOI

submittal, NOIs must be attached and

submitted in the same envelope. When an

additional operator submits an NOI for a site

with a preexisting NPDES permit, the NOI of

the additional operator must indicate the

preexisting NPDES permit number for

discharge(s) from the site;

• The name of the receiving water(s), or if

the discharge is through a municipal separate

storm sewer, the name of the municipal

operator of the storm sewer and the ultimate

receiving water(s);

• The permit number of any NPDES

permit(s) for any other discharge(s)

(including any other storm water discharges

or any non-storm water discharges) from the

site;

• An indication of whether the operator

has existing sampling data that describe the

concentration of pollutants in storm water

discharges. Existing data should not be

included as part of the NOI and should not

be submitted unless and until requested by

EPA; and

• An estimate of project start date and

completion dates, estimates of the number of

acres of the site on which soil will be

disturbed, and a certification that a storm

water pollution prevention plan has been

prepared for the site in accordance with the

permit and that such plan complies with

approved State and/or local sediment and

erosion plans or permits and/or storm water

management plans or permits. A copy of the

plans or permits should not be included with

the NOI submission, and should not be

submitted unless and until requested by EPA.

The NOI must be signed in

accordance with the signatory

requirements of 40 CFR 122.22. A

complete description of these signatory

requirements is provided in the

instructions accompanying the NOI (see

Appendix A).

4. Additional Notification. In addition

to submitting the NOI to EPA, facilities

operating under approved State or local

sediment and erosion plans, grading

plans, or storm water management plans

are required to submit signed copies of

the NOI to the State or local agency

approving such plans by the deadlines

stated above. Failure to do so constitutes

a violation of the permit.

B. Special Conditions

1. Prohibition on Non-Storm Water

Discharges. Today’s draft permit do not

authorize non-storm water discharges

that are mixed with storm water except

for specific classes of non-storm water

discharges specified in the permits.

Non-storm water discharges that can be

authorized under today’s draft permit

include discharges from firefighting

activities; fire hydrant flushings; waters

used to wash vehicles or control dust in

accordance with permit requirements;

potable water sources including

waterline flushings; irrigation drainage;

routine external building washdown

that does not use detergents; pavement

washwaters where spills or leaks of

toxic or hazardous materials have not

occurred (unless all spilled material has

been removed) and where detergents are

not used; air conditioning condensate;

springs; and foundation or footing

drains where flows are not

contaminated with process materials

such as solvents.18

To be authorized under the final

issued permit, sources of non-storm

water (except flows from firefighting

activities) must be specifically

identified in the storm water pollution

prevention plan prepared for the

facility. (Plan requirements are

discussed in more detail below). Where

such discharges occur, the plan must

also identify and ensure the

implementation of appropriate pollution

prevention measures for the non-storm

water components of the discharge. For

example, to reduce pollutants in

irrigation drainage, a plan could identify

low maintenance lawn areas that do not

require the use of fertilizers or biocides;

for higher maintenance lawn areas, a

plan could identify measures such as

limiting fertilizer use based on seasonal

and agronomic considerations,

decreasing biocide use with an

integrated pest management program,

introducing natural vegetation or more

hearty species, and reducing water use

(thereby reducing the volume of

irrigation drainage).

This permit will not require pollution

prevention measures to be identified

and implemented for non-storm water

flows from firefighting activities since

these flows will usually occur as

unplanned emergency situations where

it is necessary to take immediate action

to protect the public.

The general prohibition on non-storm

water discharges in today’s draft permit

ensures that non-storm water discharges

(except for those classes of non-storm

water discharges that are conditionally

authorized) are not inadvertently

authorized by these permits. Where a

storm water discharge is mixed with

process wastewaters or other sources of

non-storm water prior to discharge, and

the discharge is currently not authorized

by an NPDES permit, the discharge

cannot be covered by today’s permits

and the discharger should (1) submit the

appropriate application forms (Forms 1

and 2C) to obtain permit coverage or (2)

discontinue the discharge.

2. Releases of Reportable Quantities

of Hazardous Substances and Oil.

Today’s draft permit provides that the

discharge of hazardous substances or oil

from a facility must be eliminated or

minimized in accordance with the storm

water pollution plan developed for the

facility. Where a permitted storm water

discharge contains a hazardous

substance or oil in an amount equal to

or in excess of a reporting quantity

established under 40 CFR 110, 40 CFR

117, or 40 CFR 302, during a 24-hour

period, today’s permits require the

following actions:

• The permittee must notify the National

Response Center (NRC) (800–424–8802; in

the Washington, D.C. metropolitan area 202–

426–2675) in accordance with the

requirements of 40 CFR 110, 40 CFR 117, and

40 CFR 302, as soon as they have knowledge

of the discharge;

• The permittee must modify the storm

water pollution prevention plan for the

facility within 14 calendar days of knowledge

of the release to provide (1) A description of

the release, (2) the date of the release, and (3)

the circumstances leading to the release. In

addition, the permittee must modify the plan,

as appropriate, to identify measures to

prevent the reoccurrence of such releases and

to respond to such releases.

• Within 14 calendar days of the

knowledge of the release, the permittee must

submit to EPA (1) A written description of

the release (including the type and estimated

amount of material released), (2) the date that

such release occurred, (3) the circumstances

leading to the release, and (4) any steps to be

taken to modify the storm water pollution

prevention plan for the facility.

Where a discharge of a hazardous

substance or oil in excess of reporting

quantities is caused by a non-storm

water discharge (e.g., a spill of oil into

a separate storm sewer), the spill is not

authorized by this permit. The

discharger must report the spill as

required under 40 CFR 110. In the event

of a spill, the requirements of Section

311 of the CWA and otherwise

applicable provisions of Sections 301

and 402 of the CWA continue to apply.
18622 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices

This approach is consistent with the

requirements for reporting releases of

hazardous substances and oilrequirements that make a clear

distinction between hazardous

substances typically found in storm

water discharges and those associated

with spills that are not considered part

of a normal storm water discharge (see

40 CFR 117.12(d)(2)(i)).

C. Unpaved Rural Roads

Part IV of the permit and its

conditions are intended to eliminate,

prevent or minimize the discharge of

pollutants to waters of the U.S. from the

construction of unpaved roads. EPA

believes that the discharge of storm

water runoff from the construction of

unpaved roads could be a significant

source of pollutants to waters of the

United States. Therefore, the discharge

of storm water from the construction of

unpaved roads greater than five (5) acres

is not exempt from the requirements of

40 CFR § 122.26(a)(1)(ii) and (b)(14)(x)

under the Intermodal Surface

Transportation Efficiency Act of 1991.

This action is in accordance with

§ 402(p)(2)(E) of the Clean Water Act

(1987, as amended). If five (5) acres

equals 217,800 ft2 and area equals

length times width, then the

approximate length of road equal to five

(5) acres would be 217,800 ft2 divided

by the road width. For example,

assuming a road construction area width

of 25 feet, five (5) acres of road would

be approximately 1.65 miles.

The principle component of the Part

IV requirements is the construction of

drainage systems, water turn-outs, in

accordance with the document,

Silviculture Best Management Practices,

1993 Florida Department of Agriculture

& Consumer Services, to reduce the

volume and velocity of roadside ditch

flow. The construction of the drainage

systems in conjunction with the final

cover conditions of the road constitute

final stabilization under Part IX.A. of

the permit. In addition, the turn-outs

should be maintained to continue

eliminating, preventing and/or

minimizing the discharge of pollutants

to waters of the U.S. All relevant

portions of the pollution prevention

plan requirements of Part V of the

permit shall be applied to discharges of

storm water from unpaved roads.

D. Storm Water Pollution Prevention

Plan Requirements

The pollution prevention plans

required by today’s draft permit focuses

on two major tasks: (1) Providing a site

description that identifies sources of

pollution to storm water discharges

associated with industrial activity from

the facility and (2) identifying and

implementing appropriate measures to

reduce pollutants in storm water

discharges to ensure compliance with

the terms and conditions of these

permits.

In developing these permits, the

Agency reviewed a significant number

of existing State and local sediment and

erosion control and storm water

management requirements. State and

local data were reviewed for a wide

range of climates and varying types of

construction activities.

1. Contents of the Plan

Storm water pollution prevention

plans must include a site description; a

description of controls that will be used

at the site (e.g., erosion and sediment

controls, storm water management

measures); a description of maintenance

and inspection procedures; and a

description of pollution prevention

measures for any non-storm water

discharges that exist.

a. Site Description. Storm water

pollution prevention plans must be

based on an accurate understanding of

the pollution potential of the site. The

first part of the plan requires an

evaluation of the sources of pollution at

a specific construction site. The plan

must identify potential sources of

pollution that may reasonably be

expected to affect the quality of storm

water discharges from the construction

site. In addition, the source

identification components for pollution

prevention plans must provide a

description of the site and the

construction activities. This information

is intended to provide a better

understanding of site runoff and major

pollutant sources. At a minimum, plans

must include the following:

• A description of the nature of the

construction activity. This would typically

include a description of the ultimate use of

the project (e.g., low-density residential,

shopping mall, highway).

• A description of the intended sequence

of major activities that disturb soils for major

portions of the site (e.g., grubbing,

excavation, grading).

• Estimates of the total area of the site and

the total area of the site that is expected to

be disturbed by excavation, grading, or other

activities. Where the construction activity is

to be staged, it may be appropriate to

describe areas of the site that will be

disturbed at different stages of the

construction process.

• Estimates of the runoff coefficient of the

site after construction activities are

completed as well as existing data describing

the quality of any discharge from the site or

the soil. The runoff coefficient is defined as

the fraction of total rainfall that will appear

at the conveyance as runoff. Runoff

coefficients can be estimated from site plan

maps, which provide estimates of the area of

impervious structures planned for the site

and estimates of areas where vegetation will

be precluded or incorporated. Runoff

coefficients are one tool for evaluating the

volume of runoff that will occur from a site

when construction is completed. These

coefficients assist in evaluating pollutant

loadings, potential hydraulic impacts to

receiving waters, and flooding impacts. They

are also used for sizing of post-construction

storm water management measures.

• A site map indicating drainage patterns

and approximate slopes anticipated after

major grading activities, areas of soil

disturbance; an outline of areas that will not

be disturbed; the location of major structural

and nonstructural controls identified in the

plan; the location of areas where stabilization

practices are expected to occur; the location

of surface waters (including wetlands); and

locations where storm water is discharged to

a surface water. Site maps should also

include other major features and potential

pollutant sources, such as the location of

impervious structures and the location of soil

piles during the construction process.

• The name of the receiving water(s), and

areal extent of wetland acreage at the site.

b. Controls to Reduce Pollutants. The

storm water pollution prevention plan

must describe and ensure the

implementation of practices that will be

used to reduce the pollutants in storm

water discharges from the site and

assure compliance with the terms and

conditions of the permit. Permittees are

required to develop a description of four

classes of controls appropriate for

inclusion in the facility’s plan, and

implement controls identified in the

plan in accordance with the plan. The

description of controls must address (1)

Erosion and sediment controls, (2) storm

water management, (3) a specified set of

other controls, and (4) any applicable

procedures and requirements of State

and local sediment and erosion plans or

storm water management plans.

The pollution prevention plan must

clearly describe the intended sequence

of major activities and when, in relation

to the construction process, the control

will be implemented. Good site

planning and preservation of mature

vegetation are primary control

techniques for controlling sediment in

storm water discharges during

construction activities as well as for

developing a strategy for storm water

management that controls pollutants in

storm water discharges after the

completion of construction activities.

Properly staging major earth disturbing

activities can also dramatically decrease

the costs of sediment and erosion

controls. The description of the

intended sequence of major activities

will typically describe the intended

staging of activities on different parts of

the site.
Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices 18623

19 ‘‘New York Guidelines for Urban Erosion and

Sediment Control’’, USDA, Soil Conservation

Service, March 1988.

20For the purpose of the special requirements for

construction activities, the term ‘‘storm water

management’’ measures refers to controls that will

primarily reduce the discharge of pollutants in

storm water from sites after completion of

construction activities.

Permittees must develop and

implement four classes of controls in

the pollution prevention plan, each of

which is discussed below.

i. Erosion and Sediment Controls. The

requirements for erosion and sediment

controls for construction activities in

this permit have three goals: (1) to divert

upslope water around disturbed areas of

the site; (2) to limit the exposure of

disturbed areas to the shortest duration

possible; and (3) to remove sediment

from storm water before it leaves the

site. Erosion and sediment controls

include both stabilization practices and

structural practices.

Performance Standards

The erosion and sediment control

practices must at a minimum:

(a) remove 80% of the Settleable

Solids (SS) in storm water discharges

from the site to Class III waters;

(b) remove 95% of the SS in storm

water discharges from the site to

sensitive waters such as potable water

sources (class I waters), shellfish

harvesting waters (Class II waters) and

outstanding Florida waters.

The performance standards, as listed

in Part V of the permit, are based on the

Florida Water Policy established in the

document, Florida Section 6217

Informal Threshold Review, September

14, 1994. These performance standards

are intended to preserve the beneficial

use of waters and to establish a

relationship between the SWPPP

requirements and Florida’s Water

Quality Standards.

Stabilization Practices. Pollution

prevention plans must include a

description of interim and permanent

stabilization practices, including sitespecific scheduling of the

implementation of the practices. The

plans should ensure that existing

vegetation is preserved where attainable

and that disturbed portions of the site

are stabilized as quickly as possible.

Stabilization practices are the first line

of defense for preventing erosion; they

include temporary seeding, permanent

seeding, mulching, geotextiles, sod

stabilization, vegetative buffer strips,

protection of trees, preservation of

mature vegetative buffer strips, and

other appropriate measures. Temporary

stabilization practices are often cited as

the single most important factor in

reducing erosion at construction sites.19

Stabilization also involves preserving

and protecting selected trees that were

on the site prior to development. Mature

trees have extensive canopy and root

systems, which help to hold soil in

place. Shade trees also keep soil from

drying rapidly and becoming

susceptible to erosion. Measures taken

to protect trees can vary significantly,

from simple measures such as installing

tree fencing around the drip line and

installing tree armoring, to more

complex measures such as building

retaining walls and tree wells.

Since stabilization practices play such

an important role in preventing erosion,

it is critical that they are rapidly

employed in appropriate areas. These

permits provide that, except in three

situations, stabilization measures be

initiated on disturbed areas as soon as

practicable, but no more than 14 days

after construction activity on a

particular portion of the site has

temporarily or permanently ceased. The

three exceptions to this requirement are

the following:

• Where construction activities will

resume on a portion of the site within

21 days from when the construction

activities ceased.

• Where the initiation of stabilization

measures is precluded by snow cover, in

which case, stabilization measures must

be initiated as soon as practicable.

• In arid areas (areas with an average

annual rainfall of 0 to 10 inches) and

semi-arid area (areas with an average

annual rainfall of 10 to 20 inches),

where the initiation of stabilization

measures is precluded by seasonal arid

conditions, in which case, stabilization

measures must be initiated as soon as

practicable.

Structural Practices. The pollution

prevention plan must include a

description of structural practices to the

degree economically attainable, to divert

flows from exposed soils, store flows, or

otherwise limit runoff and the discharge

of pollutants from exposed areas of the

site. Structural controls are necessary

because vegetative controls cannot be

employed at areas of the site that are

continually disturbed and because a

finite time period is required before

vegetative practices are fully effective.

Options for such controls include silt

fences, earth dikes, drainage swales,

check dams, subsurface drains, pipe

slope drains, level spreaders, storm

drain inlet protection, rock outlet

protection, sediment traps, rock outlet

protection, reinforced soil retaining

systems, gabions, and temporary or

permanent sediment basins. Structural

measures should be placed on upland

soils to the degree possible.

For sites with more than 10 disturbed

acres at one time that are served by a

common drainage location, a temporary

or permanent sediment basin providing

3,600 cubic feet of storage per acre

drained, or equivalent control measures

(such as suitably sized dry wells or

infiltration structures), must be

provided where economically attainable

until final stabilization of the site has

been accomplished. Flows from offsite

areas and flows from onsite areas that

are either undisturbed or have

undergone final stabilization may be

diverted around both the sediment basin

and the disturbed area. The requirement

to provide 3,600 cubic feet of storage

area per acre drained does not apply to

such diverted flows.

For the drainage locations which

serve more than 10 disturbed acres at

one time and where a sediment basin

providing storage or equivalent controls

for 3,600 cubic feet per acre drained is

not economically attainable, smaller

sediment basins or sediment traps

should be used. At a minimum, silt

fences, or equivalent sediment controls

are required for all sideslope and

downslope boundaries of the

construction area. Diversion structures

should be used on upland boundaries of

disturbed areas to prevent runon from

entering disturbed areas.

For drainage locations serving 10 or

less acres, smaller sediment basins or

sediment traps should be used and at a

minimum, silt fences, or equivalent

sediment controls are required for all

sideslope and downslope boundaries of

the construction area. Alternatively, the

permittee may provide a sediment basin

providing storage for 3,600 cubic feet of

storage per acre drained. Diversion

structures should be used on upland

boundaries of disturbed areas to prevent

runon from entering disturbed areas.

ii. Storm Water Management. The

plan must include a description of

‘‘storm water management’’ measures 20.

These permits address only the

installation of storm water management

measures and not the ultimate operation

and maintenance of such structures after

the construction activities have been

completed and the site has undergone

final stabilization. Permittees are

responsible only for the installation and

maintenance of storm water

management measures prior to final

stabilization of the site and are not

responsible for maintenance after storm

water discharges associated with

construction activities have been

eliminated from the site.

Land development can significantly

increase storm water discharge volumes

and peak velocities where appropriate
18624 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices

21See ‘‘Nationwide Urban Runoff Program’’, EPA,

1984.

22TSS can be used as an indicator parameter to

characterize the control of other pollutants,

including heavy metals, oxygen demanding

pollutants, and nutrients, commonly found in storm

water discharges.

23 In rural and suburban areas that are served by

septic systems, malfunctioning septic systems can

contribute pollutants to storm water discharges.

Malfunctioning septic tanks may be a more

significant surface runoff pollution problem than a

ground water problem. This is because a

malfunctioning septic system is less likely to cause

ground water contamination where a bacterial mat

in the soil retards the downward movement of

wastewater. Surface malfunctions are caused by

clogged or impermeable soils, or when stopped up

or collapsed pipes force untreated wastewater to the

surface. Surface malfunctions can vary in degree

from occasional damp patches on the surface to

constant pooling or runoff of wastewater. These

discharges have high bacteria, nitrate, and nutrient

levels and can contain a variety of household

chemicals. This permit does not establish new

criteria for septic systems, but rather addresses

existing State or local criteria.

24Operators of storm water discharges from

construction activities which, based on an

evaluation of site specific conditions, believe that

State and local plans do not adequately represent

BAT and BCT requirements for the facility may

request to be excluded from the coverage of the

general permit by submitting to the Director an

individual application with a detailed explanation

storm water management measures are

not implemented. In addition, storm

water discharges will typically contain

higher levels of pollutants, including

total suspended solids (TSS), heavy

metals, nutrients, and oxygen

demanding constituents 21.

Storm water management measures

that are installed during the

construction process can control the

volume of storm water discharged and

peak discharge velocities, as well as

reduce the amount of pollutants

discharged after the construction

operations have been completed.

Reductions in peak discharge velocities

and volumes can also reduce pollutant

loads, as well as reduce physical

impacts such as stream bank erosion

and stream bed scour. Storm water

management measures that mitigate

changes to predevelopment runoff

characteristics assist in protecting and

maintaining the physical and biological

characteristics of receiving streams and

wetlands.

Structural measures should be placed

on upland soils to the degree attainable.

The installation of such devices may be

subject to Section 404 of the CWA if the

devices are placed in wetlands (or other

waters of the United States).

Options for storm water management

measures that are to be evaluated in the

development of plans include

infiltration of runoff on site; flow

attenuation by use of open vegetated

swales and natural depressions; storm

water retention structures and storm

water detention structures (including

wet ponds); and sequential systems that

combine several practices.

The pollution prevention plan must

include an explanation of the technical

basis used to select the practices to

control pollution where flows exceed

predevelopment levels. The explanation

of the technical basis for selecting

practices should address how a number

of factors were evaluated, including the

pollutant removal efficiencies of the

measures, the costs of the measure, site

specific factors that will affect the

application of the measures, the

economic achievability of the measure

at a particular site, and other relevant

factors.

EPA anticipates that storm water

management measures at many sites

will be able to provide for the removal

of at least 80 percent of total suspended

solids (TSS) 22. A number of storm water

management measures can be used to

achieve this level of control, including

properly designed and installed wet

ponds, infiltration trenches, infiltration

basins, sand filter system, manmade

storm water wetlands, and multiple

pond systems. The pollutant removal

efficiencies of various storm water

management measures can be estimated

from a number of sources, including

‘‘Storm Water Management for

Construction Activities: Developing

Pollution Prevention Plans and Best

Management Practices,’’ U.S. EPA, 1992,

and ‘‘A Current Assessment of Urban

Best Management Practice,’’ prepared

for U.S. EPA by Metropolitan

Washington Council of Governments,

March 1992. Proper selection of a

technology depends on site factors and

other conditions.

In selecting storm water management

measures, the permittee should consider

the impacts of each method on other

water resources, such as ground water.

Although storm water pollution

prevention plans primarily focus on

storm water management, EPA

encourages facilities to avoid creating

ground water pollution problems. For

example, if the water table is unusually

high in an area or soils are especially

sandy and porous, an infiltration pond

may contaminate a ground water source

unless special preventive measures are

taken. Under EPA’s July 1991 Ground

Water Protection Strategy, States are

encouraged to develop Comprehensive

State Ground Water Protection Programs

(CSGWPPs). Efforts to control storm

water should be compatible with State

ground water objectives as reflected in

CSGWPPs.

The evaluation of whether the

pollutant loadings and the hydrologic

conditions (the volume of discharge) of

flows exceed predevelopment levels can

be based on hydrologic models which

consider conditions such as the natural

vegetation which is typical for the area.

Increased discharge velocities can

greatly accelerate erosion near the outlet

of onsite structural measures. To

mitigate these effects, these permits

require that velocity dissipation devices

be placed at discharge locations and

along the length of any outfall channel

as necessary to provide a non-erosive

velocity flow from the structure to a

water course. Velocity dissipation

devices maintain and protect the natural

physical and biological characteristics

and functions of the watercourse, e.g.,

hydrologic conditions, such as the

hydroperiod and hydrodynamics, that

were present prior to the initiation of

construction activities.

iii. Other Controls. Other controls to

be addressed in storm water pollution

prevention plans for construction

activities require that no non-storm

water solid materials, including

building material wastes, shall be

discharged at the site, except as

authorized by a Section 404 permit.

These final permits require that offsite

vehicle tracking of sediments and the

generation of dust be minimized. This

can be accomplished by measures such

as providing gravel or paving at access

entrance and exit drives, parking areas,

and unpaved roads on the site carrying

significant amounts of traffic (e.g., more

than 25 vehicles per day); providing

entrance wash racks or stations for

trucks; and/or providing street

sweeping.

In addition, these permits require that

the plan shall ensure and demonstrate

compliance with applicable State and/or

local sanitary sewer, septic system, and

waste disposal regulations.23

iv. State and Local Controls. Many

municipalities and States have

developed sediment and erosion control

requirements for construction activities.

A significant number of municipalities

and States have also developed storm

water management controls. These

general permits require that storm water

pollution prevention plans for facilities

that discharge storm water associated

with industrial activity from

construction activities include

procedures and requirements of State

and local sediment and erosion control

plans or storm water management plans.

Permittees are required to provide a

certification that their storm water

pollution prevention plan reflects

requirements related to protecting water

resources that are specified in State or

local sediment and erosion plans or

storm water management plans.24In
Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices 18625

of the reasons supporting the request, including any

supporting documentation showing that certain

permit conditions are not appropriate.

25 ‘‘Performance of Current Sediment Control

Measures at Maryland Construction Sites’’, January

1990, Metropolitan Washington Council of

Governments.

26This is consistent with the allowable types of

non-storm water discharges to municipal separate

storm sewer systems (40 CFR 122.26(d)(2)(iv)(A)).

addition, permittees are required to

amend their storm water pollution

prevention plans to reflect any change

in a sediment and erosion site plan or

site permit or storm water management

site plan or site permit approved by

State or local officials for which the

permittee receives written notice. Where

such amendments are made, the

permittee must provide a recertification

that the storm water pollution

prevention plan has been modified. This

provision does not apply to provisions

of master plans, comprehensive plans,

nonenforceable guidelines, or technical

guidance documents, but rather to sitespecific State or local permits or plans.

c. Maintenance

Erosion and sediment controls can

become ineffective if they are damaged

or not properly maintained.

Maintenance of controls has been

identified as a major part of effective

erosion and sediment programs. Plans

must contain a description of prompt

and timely maintenance and repair

procedures addressing all erosion and

sediment control measures (e.g.,

sediment basins, traps, silt fences),

vegetation, and other measures

identified in the site plan to ensure that

such measures are kept in good and

effective operating condition.

d. Inspections

Procedures in a plan must provide

that specified areas on the site are

inspected by qualified personnel

provided by the discharger a minimum

of once every seven calendar days and

within 24 hours after any storm event of

greater than 0.5 inches. Areas of the site

that must be observed during such

inspections include disturbed areas,

areas used for storage of materials that

are exposed to precipitation, structural

control measures, and locations where

vehicles enter or exit the site. Where

sites have been temporarily or finally

stabilized, or during seasonal arid

periods in arid areas (areas with an

average annual rainfall of 0 to 10 inches)

and semi-arid areas (with an average

annual rainfall of 10 to 20 inches) the

inspection must be conducted at least

once every month.

Disturbed areas and areas used for

storage of materials that are exposed to

precipitation must be inspected for

evidence of, or the potential for,

pollutants entering the runoff from the

site. Erosion and sediment control

measures identified in the plan must be

observed to ensure that they are

operating correctly. Observations can be

made during wet or dry weather

conditions. Where discharge locations

or points are accessible, they must be

inspected to ascertain whether erosion

control measures are effective in

preventing significant impacts to

receiving waters. This can be done by

inspecting receiving waters to see

whether any signs of erosion or

sediment are associated with the

discharge location. Locations where

vehicles enter or exit the site must be

inspected for evidence of offsite

sediment tracking.

Based on the results of the inspection,

the site description and the pollution

prevention measures identified in the

plan must be revised as soon as possible

after an inspection that reveals

inadequacies. The inspection and plan

review process must provide for timely

implementation of any changes to the

plan within 7 calendar days following

the inspection.

An inspection report that summarizes

the scope of the inspection, name(s) and

qualifications of personnel conducting

the inspection, the dates of the

inspection, major observations relating

to the implementation of the storm

water pollution prevention plan, and

actions taken must be retained as part of

the storm water pollution prevention

plan for at least three years after the date

of inspection. The report must be signed

in accordance with the signatory

requirements in the Standard

Conditions section of this draft permit.

Diligent inspections are necessary to

ensure adequate implementation of

onsite sediment and erosion controls,

particularly in the later stages of

construction when the volume of runoff

is greatest and the storage capacity of

the sediment basins has been reduced.25

e. Non-Storm Water Discharges

The final issued permit may authorize

storm water discharges from

construction activities that are mixed

with discharges from firefighting

activities, fire hydrant flushings, waters

used to wash vehicles or control dust in

accordance with efforts to minimize

offsite sediment tracking, potable water

sources including waterline flushings,

irrigation drainage from watering

vegetation, routine exterior building

washdown that does not use detergents,

pavement washwaters where spills or

leaks of toxic or hazardous materials

have not occurred (unless all spilled

material has been removed) and where

detergents are not used, air conditioning

condensate, springs, and foundation or

footing drains where flows are not

contaminated with process materials

such as solvents, provided the nonstorm water component of the discharge

is specifically identified in the pollution

prevention plan. In addition, the plan

must identify and ensure the

implementation of appropriate pollution

prevention measures for each of the

non-storm water component(s) of the

discharge.26

EPA believes that where these classes

of non-storm water discharges are

identified in a pollution prevention plan

and where appropriate pollution

prevention measures are evaluated,

identified, and implemented, they

generally pose low risks to the

environment. The Agency also notes

that it can request individual permit

applications for such discharges where

appropriate. The Agency is not

requiring that flows from fire-fighting

activities be identified in plans because

of the emergency nature of such

discharges coupled with their low

probability and the unpredictability of

their occurrence.

2. Deadlines for Plan Preparation and

Compliance

The final issued permit will establish

the following deadlines for storm water

pollution prevention plan development

and compliance:

• The plan must be completed prior

to the submittal of an NOI to be covered

under this permit and updated as

appropriate.

• For construction activities that have

begun on or before October 1, 1997,

except the plan shall provide for

compliance with the terms and schedule

of the plan beginning on October 1,

1997.

• For construction activities that have

begun after October 1, 1997, the plan

must provide for compliance with the

terms and schedule of the plan

beginning with the initiation of

construction activities.

3. Signature and Plan Review

Signature and plan review

requirements are as follows:

• The plan must be signed by all

permittees for a site in accordance with

the signatory requirements in the

Standard Permit Conditions section of

the permit, and must be retained on site

at the facility that generates the storm

water discharge.

• The permittee must make plans

available, upon request, to EPA, and
18626 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices

State or local agency approved sediment

and erosion plans, grading plans, or

storm water management plans. In the

case of a storm water discharge

associated with industrial activity that

discharges through a municipal separate

storm sewer system with an NPDES

permit, permittees must make plans

available to the municipal operator of

the system upon request.

• EPA may notify the permittee at any

time that the plan does not meet one or

more of the minimum requirements.

Within 7 days of such notification from

EPA (or as otherwise requested by EPA),

the permittee must make the required

changes to the plan and submit to EPA

a written certification that the requested

changes have been made.

4. Keeping Plans Current

The permittee must amend the plan

whenever there is a change in design,

construction, operation, or maintenance,

that has a significant effect on the

potential for the discharge of pollutants

to waters of the United States or to

municipal separate storm sewer

systems. The plan must also be

amended if it proves to be ineffective in

eliminating or significantly minimizing

pollutants in the storm water discharges

from the construction activity. In

addition, the plan shall be amended to

identify any new contractor and/or

subcontractor that will implement a

measure of the storm water pollution

prevention plan. Amendments to the

plan will be reviewed by EPA as

described above.

5. Additional Requirements

These permits authorize a storm water

discharge associated with industrial

activity from a construction site that is

mixed with a storm water discharge

from an industrial source other than

construction, only under the following

conditions:

• The industrial source other than

construction is located on the same site

as the construction activity; and

• Storm water discharges from where

the construction activities are occurring

are in compliance with the terms of this

permit.

6. Contractors

The storm water pollution prevention

plan must clearly identify for each

measure identified in the plan, the

contractor(s) and/or subcontractor(s)

that will implement the measure. All

contractors and subcontractors

identified in the plan must sign a copy

of the certification statement presented

below before conducting any

professional service at the site identified

in the pollution prevention plan:

‘‘I certify under penalty of law that I

understand the terms and conditions of the

general National Pollutant Discharge

Elimination System (NPDES) permit that

authorizes the storm water discharges

associated with industrial activity from the

construction site identified as part of this

certification.’’

All certifications must be included in

the storm water pollution prevention

plan.

E. Retention of Records

The permittee is required to retain

records or copies of all reports required

by this permit, including storm water

pollution prevention plans and records

of all data used to complete the NOI to

be covered by the permit, for a period

of at least three years from the date of

final stabilization. This period may be

extended by request of the Director.

F. Notice of Termination

A discharger may submit a Notice of

Termination (NOT) to EPA in two sets

of circumstances: 1) after a site has

undergone final stabilization and the

facility no longer discharges storm water

associated with industrial activity from

a construction site and 2) when the

permittee has transferred operational

control to another permittee and is no

longer an operator for the site. NOTs

must be submitted using the form

provided by the Director (or a

photocopy thereof). A copy of the NOT

form is in Appendix B and can be

photocopied for use. NOTs will assist

EPA in tracking the status of the

discharger.

Today’s draft permit defines final

stabilization for the purpose of

submitting an NOT as occurring when

all soil disturbing activities are

completed and a uniform perennial

vegetative cover with a density of 70

percent for the unpaved areas and areas

not covered by permanent structures has

been established or equivalent

stabilization measures have been

employed. Equivalent stabilization

measures include permanent measures

other than establishing vegetation, such

as the use of rip-rap, gabions, and/or

geotextiles.

A copy of the NOT, and instructions

for completing the NOT, are provided in

Appendix B of today’s notice. The NOT

form requires the following information:

• The mailing address of the

construction site for which the

notification is submitted. Where a

mailing address for the site is not

available, the location of the

approximate center of the site must be

described in terms of the latitude and

longitude to the nearest 15 seconds, or

the section, township, and range to the

nearest quarter.

• The site owner’s name, address, and

telephone number.

• The name, address, and telephone

number of the operator addressed by the

NOT, and operator status as a Federal,

State, private, public, or other entity.

• The NPDES permit for the storm

water discharge identified by the NOT.

• The following certification:

‘‘I certify under penalty of law that

disturbed soils at the identified facility have

been finally stabilized and temporary erosion

and sediment control measures have been

removed or will be removed at an

appropriate time, or that all storm water

discharges associated with construction

activities from the identified site that are

authorized by an NPDES general permit have

been eliminated or that I am no longer the

operator of the construction activity. I

understand that by submitting this notice of

termination, that I am no longer authorized

to discharge storm water by the general

permit, and that discharging pollutants in

storm water associated with industrial

activity to waters of the United States is

unlawful under the Clean Water Act where

the discharge is not authorized by a NPDES

permit.’’

Notices of Termination are to be sent

to the following address: Storm Water

Notice of Intent (4203), 401 M Street,

S.W., Washington, DC 20460.

The NOT must be signed by the

appropriate individual in accordance

with the signatory requirements of 40

CFR 122.22. A description of these

signatory requirements is provided in

the instructions accompanying the NOT

(see Appendix B).

Submittal of a NOT, by itself, does not

relieve permittees from the obligations

of the permit, such as the requirement

to stabilize the site. Appropriate

enforcement actions may still be taken

for permit violations where a permittee

submits a NOT but the permittee has not

transferred operational control to

another permittee or the site has not

undergone final stabilization.

G. Regional Offices

Notices of Intent to be authorized to

discharge under these permits should be

sent to: Storm Water Notice of Intent

(4203), 401 M Street, S.W., Washington,

DC 20460

Other submittals of information

required under these permits or

individual permit applications should

be sent to the appropriate EPA Regional

Office: AL (Indian lands), FL, GA

(Indian lands), KY (Indian lands), MS

(Indian lands), NC (Indian lands), SC

(Indian lands), TN (Indian lands),

United States EPA, Region IV, Water

Management Division, (SWPFB–15),

Storm Water Staff, 100 Alabama Street,
Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices 18627

S.W., Atlanta, GA 30303–3104, Contact:

Floyd Wellborn, (404) 562–9296.

H. Special Conditions in Specified

States

Section 401 of the CWA provides that

no Federal license or permit, including

NPDES permits, to conduct any activity

that may result in any discharge into

navigable waters shall be granted until

the State in which the discharge

originates certifies that the discharge

will comply with the applicable

provisions of Sections 301, 302, 303,

306, and 307 of the CWA.

V. Cost Estimates

The two major costs associated with

pollution prevention plans for

construction activities include the costs

of sediment and erosion controls (see

Table 1) and the costs of storm water

management measures (see Table 2).

Today’s permits provide flexibility in

developing controls for construction

activities. Typically, most construction

sites will employ several types of

sediment and erosion controls and

storm water management controls, but

not all the controls listed in Tables 1

and 2. In general, sites that disturb a

large area will incur higher pollution

prevention costs.

TABLE 1.—SEDIMENT AND EROSION

CONTROL COSTS

Temporary seeding ... $1.00 per square

foot.

Permanent seeding ... $1.00 per square

foot.

Mulching .................... $1.25 per square

foot.

Sod stabilization ........ $4.00 per square

foot.

Vegetative buffer

strips.

$1.00 per square

foot.

Protection of trees ..... $30.00 to $200.00

per tree set.

Earth dikes ................ $5.50 per linear foot.

Silt fences .................. $6.00 per linear foot.

Drainage swalesgrass.$3.00 per square

yard.

Drainage swales-sod $4.00 per square

yard.

Drainage swales-asphalt.$35.00 per square

yard.

Drainage swales-concrete.$65.00 per square

yard.

Check dams-rock ...... $100 per dam.

Check dams-covered

straw bales.

$50 per dam.

Level spreader-earthen.$4.00 per square

yard.

Level spreader-concrete.$65.00 per square

yard.

Subsurface drain ....... $2.25 per linear foot.

Pipe slope drain ........ $5.00 per linear foot.

Temporary storm

drain diversion.

variable.

Storm drain inlet protection.$300 per inlet.

TABLE 1.—SEDIMENT AND EROSION

CONTROL COSTS—Continued

Rock outlet protection $45 per square yard.

Sediment traps .......... $500 to $7,000 per

trap.

Temporary sediment

basins.

$5,000 to $50,000

per basin.

Sump pit .................... $500 to $7,000.

Entrance stabilization $1,500 to $5,000 per

entrance.

Entrance wash rack .. $2,000 per rack.

Temporary waterway

crossing.

$500 to $1,500.

Wind breaks .............. $2.50 per linear foot.

Practices such as sod stabilization and tree

protection increase property values and satisfy

consumer aesthetic needs.

Sources: ‘‘Means Site Work Cost Data’’, 9th

edition, 1990, R.S. Means Company. ‘‘Sediment and Erosion Control, An Inventory of

Current Practices’’, prepared by Kamber Engineering for U.S. EPA, April 1990.

TABLE 2.—ANNUALIZED COSTS OF

SEVERAL STORM WATER MANAGEMENT OPTIONS FOR CONSTRUCTION

SITES

Option

Annualized

cost for 9-acre

developed

area

Annualized

cost for 20-

acre developed area

Wet Ponds $5,872 $9,820.

Dry Ponds 3,240 5,907.

Dry Ponds

with Extended

Detention 3,110 5,413

Infiltration

Trenches 4,134 6,359.

Estimates based on methodology

presented in ‘‘Cost of Urban Runoff

Quality Controls’’, Wiegand, C.,

Schueler, T., Chittenden, W., and

Jellick, D., Urban Runoff Quality-Impact

and Quality Enhancement Technology,

Proceedings of an Engineering

Foundation Conference, ASCE, 1986,

edited by B. Urbonas and L.A. Roesner.

Costs are presented in 1992 dollars

and were reviewed by the Office of

Management and Budget during the

previous issuance of this permit,

September 25, 1992. Annualized costs

are based on a 10 year period and 10

percent discount rate. Estimates include

a contingency cost of 25 percent of the

construction cost and operation and

maintenance costs of 5 percent of the

construction cost. Land costs are not

included.

VI. Economic Impact (Executive Order

12291)

EPA has submitted this notice to the

Office of Management and Budget for

review under Executive Order 12291.

VII. Paperwork Reduction Act

EPA has reviewed the requirements

imposed on regulated facilities in these

final general permits under the

Paperwork Reduction Act of 1980, 44

U.S.C. 3501 et.seq. EPA did not prepare

an Information Collection Request (ICR)

document for today’s permits because

the information collection requirements

in these permits have already been

approved by the Office of Management

and Budget (OMB) in submissions made

for the NPDES permit program under

the provisions of the Clean Water Act.

VIII. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

U.S.C. 601 et. seq., EPA is required to

prepare a Regulatory Flexibility

Analysis to assess the impact of rules on

small entities. No Regulatory Flexibility

Analysis is required, however, where

the head of the agency certifies that the

rule will not have a significant

economic impact on a substantial

number of small entities.

Today’s draft permit provides small

entities with an application option that

is less burdensome than individual

applications or participating in a group

application. The other requirements

have been designed to minimize

significant economic impacts of the rule

on small entities and does not have a

significant impact on industry. In

addition, the permits reduce significant

administrative burdens on regulated

sources. Accordingly, I hereby certify

pursuant to the provisions of the

Regulatory Flexibility Act, that these

permits will not have a significant

impact on a substantial number of small

entities.

Appendix A

Notice of Intent (NOI) Form (an NOI will

not appear in today’s proposed permit but

will be included in the final issuance).

Appendix B

Notice of Termination (NOT) Form (an

NOT will not appear in today’s proposed

permit but will be included in the final

issuance).

Appendix C—Endangered Species

Guidance

I. Instructions

A list of species that EPA has determined

may be affected by the activities covered by

the construction general permit will be

included in the final issued permit. These

species will be listed by county. In order to

get construction general permit coverage,

applicants must:

• Indicate in box provided on the NOI

whether any species listed in this Addendum

are in proximity to the facility, and

• Certify pursuant to Section I.B.3.e. of the

construction general permit that their storm
18628 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices

water discharges, and BMPs constructed to

control storm water runoff, are not likely, and

will not be likely to adversely affect species

identified in Addendum H of this permit.

To do this, please follow steps 1 through

4 below.

Step 1: Review the County Species List to

Determine if any Species are Located in the

Discharging Facility County

If no species are listed in a facility’s county

or if a facility’s county is not found on the

list, an applicant is eligible for construction

general permit coverage and may indicate in

the NOI that no species are found in

proximity and provide the necessary

certification. If species are located in the

county, follow step 2 below. Where a facility

is located in more than one county, the lists

for all counties should be reviewed.

Step 2: Determine if any Species may be

Found ‘‘in Proximity’’ to the Facility

A species is in proximity to a facility’s

storm water discharge when the species is:

• Located in the path or immediate area

through which or over which contaminated

point source storm water flows from

industrial activities to the point of discharge

into the receiving water.

• Located in the immediate vicinity of, or

nearby, the point of discharge into receiving

waters.

• Located in the area of a site where storm

water BMPs are planned or are to be

constructed.

The area in proximity to be searched/

surveyed for listed species will vary with the

size of the facility, the nature and quantity

of the storm water discharges, and the type

of receiving waters. Given the number of

facilities potentially covered by the

construction general permit, no specific

method to determine whether species are in

proximity is required for permit coverage

under the construction general permit.

Instead, applicants should use the method or

methods which best allow them to determine

to the best of their knowledge whether

species are in proximity to their particular

facility. These methods may include:

• Conducting visual inspections: This

method may be particularly suitable for

facilities that are smaller in size, facilities

located in non-natural settings such as highly

urbanized areas or industrial parks where

there is little or no nature habitat; and

facilities that discharge directly into

municipal storm water collection systems.

For other facilities, a visual survey of the

facility site and storm water drainage areas

may be insufficient to determine whether

species are likely to be located in proximity

to the discharge.

• Contacting the nearest State Wildlife

Agency or U.S. Fish and Wildlife Service

(FWS) or National Marine Fisheries Service

(NMFS) offices. Many endangered and

threatened species are found in well-defined

areas or habitats. That information is

frequently known to state or federal wildlife

agencies. FWS has offices in every state.

NMFS has regional offices in: Gloucester,

Massachusetts; St. Petersburg, Florida; Long

Beach, California; Portland, Oregon; and

Juneau, Alaska.

• Contacting local/regional conservation

groups. These groups inventory species and

their locations and maintain lists of sightings

and habitats.

• Conducting a formal biological survey.

Larger facilities with extensive storm water

discharges may choose to conduct biological

surveys as the most effective way to assess

whether species are located in proximity and

whether there are likely adverse effects.

If no species are in proximity, an applicant

is eligible for construction general permit

coverage and may indicate that in the NOI

and provide the necessary certification. If

listed species are found in proximity to a

facility, applicants must follow step 3 below.

Step 3: Determine If Species Could Be

Adversely Affected by the Facility’s Storm

Water Discharges or by BMPS To Control

Those Discharges.

Scope of Adverse Effects: Potential adverse

effects from storm water include:

• Hydrological. Storm water may cause

siltation, sedimentation or induce other

changes in the receiving waters such as

temperature, salinity or pH. These effects

will vary with the amount of storm water

discharged and the volume and condition of

the receiving water. Where a storm water

discharge constitutes a minute portion of the

total volume of the receiving water, adverse

hydrological effects are less likely.

• Habitat. Storm water may drain or

inundate listed species habitat.

• Toxicity. In some cases, pollutants in

storm water may have toxic effects on listed

species.

The scope of effects to consider will vary

with each site. Applicants must also consider

the likelihood of adverse effects on species

from any BMPs to control storm water. Most

adverse impacts from BMPs are likely to

occur from the construction activities.

Using earlier ESA authorizations for

construction general permit eligibility: In

some cases, a facility may be eligible for

construction general permit coverage because

actual or potential adverse affects were

addressed or discounted through an earlier

ESA authorization. Examples of such

authorization include:

• An earlier ESA section 7 consultation for

that facility.

• A section 10(a) permit issued for the

facility.

• An area-wide Habitat Conservation Plan

applicable to that facility.

• A clearance letter from the Services

(which discounts the possibility of an

adverse impacts from the facility).

In order for applicants to use an earlier

ESA authorization to meet eligibility

requirements: (1) The authorization must

adequately address impacts for storm water

discharges and BMPs from the facility on

endangered and threatened species, (2) It

must be current because there have been no

subsequent changes in facility operations or

circumstances which might impact species in

ways not considered in the earlier

authorization, and (3) The applicant must

comply with any requirements from those

authorizations to avoid or mitigate adverse

effects to species. Applicants who wish to

pursue this approach should carefully review

documentation for those authorizations

ensure that the above conditions are met.

If adverse effects are not likely, an

applicant is eligible for construction general

permit coverage and may indicate in the NOI

that species are found in proximity and

provide the necessary certification. If adverse

effects are likely, follow step 4 below.

Step 4: Determine If Measures Can Be

Implemented To Avoid Any Adverse Effects

If an applicant determines that adverse

effects are likely, it can receive coverage if

appropriate measures are undertaken to

avoid or eliminate any actual or potential

adverse affects prior to applying for permit

coverage. These measures may involve

relatively simple changes to facility

operations such as re-routing a storm water

discharge to bypass an area where species are

located.

At this stage, applicants may wish to

contact the FWS and/or NMFS to see what

appropriate measures might be suitable to

avoid or eliminate adverse impacts to

species.

If applicants adopt these measures, they

must continue to abide by them during the

course of permit coverage.

If appropriate measures are not available,

the applicant is not eligible at that time for

coverage under the construction general

permit. Applicants should contact the

appropriate EPA regional office about either:

• Entering into Section 7 consultation in

order to obtain construction general permit

coverage, or

• Obtaining an individual NPDES storm

water permit.

[FR Doc. 97–9695 Filed 4–15–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

Public Information Collections

Approved by Office of Management

and Budget

April 8, 1997.

The Federal Communications

Commission (FCC) has received Office

of Management and Budget (OMB)

approval for the following public

information collections pursuant to the

Paperwork Reduction Act of 1995, Pub.

L. 104–13. An agency may not conduct

or sponsor and a person is not required

to respond to a collection of information

unless it displays a currently valid

control number. For further information

contact Shoko B. Hair, Federal

Communications Commission, (202)

418–1379.

Federal Communications Commission

OMB Control No.: 3060–0736.

Expiration Date: 03/31/2000.

Title: Implementation of the NonAccounting Safeguards of Section 271

and 272 of the Communications Act of

1934, as amended, CC Docket No. 96–

149.

Form No.: N/A.