I h f\ 􀁾􀁶􀀦􀁲􀀭C, 􀁍􀀬􀁾i 􀁌􀁙􀁾liJrl/Yl 4 􀀮􀁇􀁩􀁌􀀧􀁾􀁌􀀠11 􀁾􀁦􀀯􀁃􀀧􀁾􀀷􀀠,J0(yfJPi ,{Ide..: 74 J/zn-",xl;Jlt7-12'l 􀀦􀁾􀁾􀀮􀁷􀁮􀀠􀁾􀀯􀁖􀁨􀀧􀀮􀁊􀀭􀀨􀁾􀀨􀀠􀁾􀁾􀀴􀀯􀁖􀁭􀀧􀁾􀀠􀁾􀁾􀀠􀀮􀀮􀁎􀁾􀀠/Cf92 £x:I'IKI:::O ¥-t 1917· 7k CitLd. 􀁾􀁾􀀠d:h./-p?-􀁾􀀠􀀯􀀲􀀡􀁁􀁾􀁦􀀠T4 /1kdti -􀁾􀀭􀀼􀀡􀀮􀀺􀁨􀁴􀁌􀀠􀁾􀀠.IS 0-"'-􀁾􀀻􀁦􀀻􀀠 mstoc.txt at www.epa.gov Page 1 of3 The following is the Table of Contents to the EPA Storm Water MultiSector Storm Water Permit as published in the Federal Register, Vol. 60, No. 189, Friday, September 29, 1995, pages 50804-51319. ******************* FACT SHEET ********************************** pages: 50804 Introduction 50804 Table of Contents 50807 I. Background 50807 II. Types of Discharges Covered 50809 A. Limitations on Coverage 50811 III. Pollutants in Storm Water Discharges Associated with Industrial Activities in General. 50811 IV. Summary of options for Controlling Pollutants 50811 V. The Federal/Municipal partnership: The Role of Municipal Operators of Large and Medium Municipal Separate Storm Sewer Systems. 50811 VI. Summary of Common Permit Conditions 50832 VII. Cost Estimates for Common Permit Requirements 50834 VIII. Special Requirements for Discharges Associated with Specific Industrial Activities 50834 A. Timber products Facilities 50846 B. Paper and Allied Products Mfg. 50852 C. Chemical & & Allied Products Mfg. 50861 D. Asphalt paving and Roofing Materials Mfg. and Lubricant Mfg. 50867 E. Glass, Clay, cement, Concretel and Gypsum Product Mfg. 50877 F. primary Metals 50888 G. Metal Mining 50902 􀁈􀁾􀀠Coal Mines/Facilities 50913 I. Oil and Gas Extraction 50918 J. Mineral Mining « Facilities 50933 K. Hazardous Waste Treatent f Storage or Disposal 50938 L. Landfills and Land Application Sites 50945 M. Auto Salvage 50952 N. Scrap Recycling and Waste Recycling 50970 􀁯􀁾􀀠Steam Electric Power Generating 50977 P. Motor Transportation (Freight/passenger) 50984 Q. Water Transportation Facilities 50992 R. Ship and Boat Building/Repairing 50998 S. Air Transportation FacilitiesPI"" 51004 T. Treatment Works 51007 U. Food and Kindred Products 51020 V. Textile Mills, Apparel, « Fabric Mfg. 51024 w. Furniture and Fixture 51029 X. Printing and Publishing 51035 Y. Rubber, Misc_ Plastics, Mlsc. Mfg. 51041 Z. Leather Tanning and Finishing 51048 AA. Fabricated Metal Products 51055 AB. Mfg. Transportation EqUipment, Industrial, or commercial MaChinery. 51061 AC. Electronic, Photographic, Optical Equip. 51064 IX. Paperwork Reduction Act 51064 X. 401 certification 51067 XI. Regulatory Flexibility Act 51067 XII. Unfunded Mandates Reform Act 51068 Appendixes (responses to public 4/16/98http://www.epa.gov/earth1r6/6eniw/sw/mstoc.txt mstoc.txt at www.epa.gov Page 2 of3 comments) ******************* PERMIT LANGUAGE ***************************** 51108 51109 51111 51113 51114 51115 51118 51118 51119 51122 51122 51123 51125 51125 51130 51134 51140 51145 51150 51155 51161 51166 51170 51175 51180 51184 51189 51197 51203 51206 51211 51215 51220 51222 51227 51230 51233 51237 51241 51245 51249 51253 51255 51263 51265 51267 51269 51273 51274 Authorization to Discharge Regional and state authorizations Table of contents I. coverage II. Notification Requirements III. Special Conditions IV. Storm Water Pollution Prevention Plans V. Numeric Effluent Limitations VI. Monitoring and Reporting Requirements VII. Standard Permit Conditions VIII. Reopener Clause IlL Termination of Coverage X. Definitions XI. Specific Requirements for Industrial Activities A. Timber Products Facilities B. Paper and Allied Products Mfg. C. Chemical & Allied Products Mfg. D. Asphalt Paving and Roofing Materials Mfg. and Lubricant Mfg. E_ Glass, Clay, Cement, concrete, and Gypsum Product Mfg. F. primary Metals G. Metal Mining H. Coal Mines/Facilities I. Oil and Gas Extraction J. Mineral Mining & Facilities K. Hazardous Waste Treatentr Storage or Disposal L. Landfills and Land Application Sites M. Auto Salvage N. Scrap Recycling and Waste Recycling 􀁯􀁾􀀠 Steam Electric Power Generating P. Motor Transportation (Freight/Passenger) Q. Water Transportation Facilities R. Ship and Boat Building/Repairing S. Air Transportation Facilities 􀁔􀁾􀀠 Treatment Works U. Food and Kindred ProdUcts V. Textile Mills, Apparel, & Fabric Mfg. W. Furniture and Fixture x. Printing and Publishing 􀁹􀁾􀀠 Rubber, Misc. Plastics, Misc. Mfg. Z. Leather Tanning and Finishing AA. Fabricated Metal Products AB. Mfg. Transportation Equipment, Industrial, or Commercial Machinery. AC. Electronic, 􀁐􀁨􀁯􀁾􀁧􀁲􀁡􀁰􀁨􀁩􀁣􀀬􀀠Optical Equip. XII. Coverage Under This 􀁐􀁾􀁲􀁭􀁩􀁴􀀠(State Specific ammendments) Addendum A Addendum B Notice of Intent permit application form Addendum C Notice of Termination form Addendum D Partial List of Large, Medium and Designated Municipalities Addendum E Basic Format for Environmental Assessment Addendum F http://www.epa.gov/earthlr6/6enlw/sw/mstoc.txt 4II6/98 mstoc.txt at www.epa.gov Page 3 of3 EPCRA section 313 Water Priority Chemicals 51277 Addendum G List of Applicable References 51278 Addendum H Endangered Species Guidance http://www.epa.gov/earthlr6/ 6enlw/sw/mstoc.txt 4116198 cklistco.txt at www.epa.gov Page 1 of2 EPA BASELINE CONSTRUCTION PERMIT REQUIREMENTS PRE-CONSTRUCTION CHECKLIST 1992 EPA storm water Construction Permit Use this checklist to verify all of the components of the storm water pollution prevention plan for construction are present. If there are any uncertainties, please review the permit language in Part IV of the storm water construction permit (Federal Register, Vol. 57, No. 175, sept. 9, 1992, pg. 41219-41222). While an erosion control plan contains many of the requirements of the permit, they do not contain all of the requirements of a storm water pollution prevention plan. If your plans are marked only as erosion control plans, carefully review them for compliance with the permit 􀁬􀁡􀁮􀁧􀁵􀁡􀁧􀁥􀁾􀀠1) A site description including: The nature of the activity Intended sequence of major construction The total area of the site The area of the site that is expected to undergo excavation The runoff coefficient of the site after construction is complete Existing Existing soil or storm water data == A site map with: Drainage patterns == Approximate slopes after major grading Axea of soil disturbance outline of areas which won't be disturbed Location of major structural and non-structural controls Areas where stabilization practicies are expected to occur Surface waters __ storm water discharge location(s) The name of the receiving water(s) 2) A description of controls: 2.1} Erosion and sediment controls, including: Stabilization practicies for all areas disturbed by construction structural practicies for all drainage/discharge locations 2.2} Erosion and sediment controls, including Measures used to control pollutants occurring in storm water discharges after construction activities are complete Velocity dissipation devices to provide nonerosive flow conditions from the discharge point along the length of any outfall channel 2.3) Other controls including: Waste disposal practicies which prevent discharge of solid materials Measrues to minimize offsite tracking of sediments by construction vehicles Measures to ensure compliance with State or local waste disposal, sanitary sewer, or septic system regulations 2.4} Description of the timing during the construction when measures will be implemented. 3} Are state or local requirements incorporated into the plans? 4} Axe maintenance procedures for control measures identified in the plan? 5) Identification of allowable non-storm water discharges and pollution prevention 􀁭􀁥􀁡􀁳􀁵􀁲􀁥􀁳􀁾􀀠6) Contractor certification(s) 7) Plan certification(s) CONSTRUCTION/IMPLEMENTATION CHECKLIST 4/16/98http://www.epa.gov/earthlr6/6eniw/sw/cklistco.txt cklistco.txt at www.epa.gov Page 2 of2 1) Maintains Records of Construction Activities, including: Dates when major grading activities will occur Dates when construction activities temporarily cease on a portion of the site Dates when construction activities per.manently cease on a portion of the site Dates when stabilization measures will be initiated on the site 2) Prepare Inspection reports summarizing: __ Name of inspector(s) Qualifications of inspector{s) --Measures/areas inspected --Observed conditions Changes necessary to the SWPPP **** Inspections must be documented and of the following frequencies: >20" annual rainfall: Weekly + within 24 hours after 1/2"+ rainfall <20u annual rainfall: Monthly 3) Report Releases of Reportable Quantities of Oil or Hazardous Materials (if they occur) : Notify National Response Center (800-424-8802) Notify permitting authority in writing within 14 days Modify the pollution prevention plan to include: 􀁾􀀠the date of the release -circumstances leading to the release -steps taken to rpevent reoccurrence of the release 4) Modify Pollution Prevention Plan as necessary to: Comply with minimum permit requirements when notified by EPA that the plan does not comply Address a change in design, construction operation or maintenance which has an effect on the potential for discharge of pollutants Prevent reoccurrence of reportable quantity releases of a hazardous material or oil. FINAL STABILIZATION/TERMINATION CHECKLIST 1) All soil disturbing activities are completle 2} Temporary erosion and sediment control measures have been removed or will be removed at an appropriate time 3) All reas of the construction site not otherwise covered by a permanent pavement or structure have been stabilized with a unifor.m perennial vegetative cover with a density of 70% or equivalent measures have been employed 4/16198http://www.epa.gov/ earth1r6/6en/w/sw/cldistco.txt '. 50998 Federal Register Vol. 60. No. 189 I Friday. September 1995 I Notices chemical properties of the storm water discharged from the site. the examination will provide meaningful results upon which the facility may act quickly. The frequency of this visual examination will also allow for timely adjustments to be made !1) the plan. If BMPs are performing ineffectively. corrective action must be implemented. A set of tracking or follow-up procedures must be used to ensure that appropriate actions are taken in response to the examinations. The visual examination is intended to be performed by members of the pollution prevention team, This hands-on examination will enhance the staffs understanding of the storm water problems on that site and the effects of the management practices that are included in the plan, S. Storm Water Discharges Associated With Industrial Activity From Vehicle Maintenance Areas, Equipment Cleaning Areas. or Deicing Areas Located atAir Transportation Facilities 1. Discharges Covered Under This Section The conditions in this section apply to airports. airport terminals, aidine carriers. and establishments engaged in servicing. repairing, or maintaining aircraft and ground vehicles. eqUipment cleaning and maintenance (including vehicle and equipment rehabilitation mechanical repeirs. painting, fueling. lubrication) or deicing/anti-icing operations which conduct the above described activities (facilities generally classified as SIC code 45), For the purpose of this fInal permit. the term "deicing" is defmed as the process to remove frost. snow, or ice and 􀀢􀁡􀁮􀁴􀁩􀁾􀀠icing" is the process which prevents the accumulation of frost. snow, Or ice. Both of these activities are covered under this permit. When an industrial facility. described by the above coverage provisions of this section. has industrial activities being conducted onsite that meet the description(s) of industrialacllvilles in another section(s), that industrial facility shall comply with any and all applicable monitoring and and pollution prevention plan reqUirements of the other section(s) in addition to all applicable requirements in this section. The monitoring and pollution prevention plan terms and conditions of this multi-sector permit are additive for industrial activities being conducted at the same industrial facility (co-located industrial activities). The operator of the facility shall determine which other monitoring and pollution prevention plan section(s) of this permit (if any) are applicable to the facillty. a. Responsible Parties, Airports typically operate under a single management organization known as the airport "authority" which in most cases is a public agency, Airline carriers and other fixed base operators (e.g., fueling companies and maintenance shops) that have contracts with the airport authority to conduct business on airport property are commonly refen'ed to as "tenants" of the alIport. Tenants may be of two types-those that are regulated as storm water dischargers associated with industrial activities under 40 CFR 122.26(b)(14) and those that are not. The operator and the tenants of the airport that conduct industrial activities as described above, or as described anywhere in 40 CFR I 22.26(b)(14) and which have storm water discharges, are required to apply for coverage under an NPDES storm water permit for the discharges from their areas of operation. Where an airport has multiple operators (alIporl authority and tenants) that have storm water discharges associated with lndustrial activity, as described above, each operator is required to apply for coverage under an NPDES stOrm water permit. This may be done as separate operators or may be done as 􀁃􀁏􀁾􀀠permittees, Regardless. each individual party. whether a co-permittee or a separate permittee. must submit a notice of intent (NOI) to be covered under today's permit. During implementation of the storm water pollution prevention plan. the airport authority should work cooperatively with tenants that are not required to have a NPDES permit for their storm water discharges. The alIport authority may accomplish this through negotiated agreements. contractual requirements, or other means, Ultimately. the operator(s)1 owner(s) (the airport authority) of the storm water outfalls from the airport is(are) responsible for compliance with all terms and conditions of this or other NPDES permits applicable to those outfalls. Storm water pollution prevention plans developed separately for areas of the airport facility occupied by tenants of the airport that are regulated under 40 CFR 122.ll6(b)(14) as a storm water discharge associated with industrial activity shall be integrated into the storm water pollution prevention plan for the entire airport facility. The airport authority and tenants of the airport are encouraged to apply as co-permittees under today's permit, and to work in partnerShip in the development and implementation of a storm water pollution prevention plan. 2. Pollutants Found in Storm Water Discharges in general, the quantitative data submitted submitted thus far has not raised any particular areaS ofconcern with respect to discharges of pollutants resulting from vehicle maintenance and/or deicing/anti-icing operations conducted at airport facilities. However, EPA believes that the part 2 sampling data does not providejustification that discharges resulting from deicing/antiicing operations are not a significant source of pollutants, The sampiing requirements for part 2 of the group application did not specifY that facilities must sample stonn water discharges from areas where deiCing/anti-icing activities occur and/or during times when such operations were being conducted, As a result. only one facility indicated that the sampling data submitted was collected from areas where deicing activities were being conducted. After reviewing recent case studies on the effects ofglycol discharges to receiving waters. EPA reports and the results of FAA surveys. EPA believes that additional information on the discharges of 􀁤􀁥􀁩􀁣􀁩􀁮􀁧􀀯􀁡􀁮􀁴􀁩􀁾􀁩􀁣􀁩􀁮􀁧􀀠chemicals to receiving waters as a result of aircraft and runway deicing/anti-icing operations is warranted and necessary. Both ethylene and propylene glycols exert high ox:ygen demands when reJeased into receiving waters. As such. this section requires that facilities report both the Biochemical Oxygen Demand (BOD) and Chemical Oxygen Demand (COD) of discharges sampled at facilities that use at least 100.000 gallons or more of glycol-based deiCing/anti-icing chemicals. The concentration of nitrogen and possibly ammonia are the concern with respect to deicing/antiicing operations where urea is used. Therefore, this section reqUires that facilities subject to the monitoring requirements in Part Xi.S,S. of the permit also report the concentration of Total Kje1dahl Nitrogen (TKN) in discharges sampled, The results of the storm water survey conducted by the FAA Gune 1992) showed that 10 percent ofthe respondents who conduct deicing/antiicing activities used more than 100.000 gallons of glycol-based delcing/antiicing chemicalS during winter seasons, In addition, those facilities using more than 100.000 gallons of glycol-based deicing/anti-icing chemicals accounted for 11 percent of the total amount of glycol-based deicing/anti-lcing chemicals reported in the survey. ln a similar survey conducted by the American Association of Airport Federal Register . VoL 60, No. 189 /Friday, September 1995 /Notices 50999 Executives. 4 percent of the aiIports conducting deicing/anti-icing activities used more than 100,000 gallons of ethylene glycol which represented approximately 76 percent of the total amount ofethylene glycol used by all airports surveyed. 3. Special Conditions B. Prohibition ofNon·storm Water Discharges. In addition to the non·storm water prohibitions described under Part IlI.A.2, today's permit clarifies in Part Xl.S.2.a (prohibition of Non-storm Water Discharges) that non-storm water discharges, including discharges from aircraft, ground vehicle and equipment washwaters, dry weather discharges from airport deicing/anti-icing operations, and dry weather discharges resulting from runway maintenance are not authorized under this permit. Dry weather discharges are generated from processes other than those described in the definition ofstorm water. The definition ofstorm water includes storm water runoff. snow melt runoff. and surface runoff and drainage. There is no limit on the time between the snowfall and snow melt for the purpose of including a snow melt discharge in the definition of storm water. All other discharges not included in the definition ofstorm water constitute nonstorm water discharges. Operators of non-storm water discharges must obtain coverage under a separate NPDES wastewater permit if such discharges are a point source discharge to waters ofthe U.S. or are discharged through a municipal separate storm sewer system. In a related requirement, the permittee is requlred to attach a copy of the NPDES pennit issued for the discharge ofnon-storm water runoff or. ifan NPDES pennit has not yet been issued, a copy of the pending application to the plan. For facilities that discharge the waters mentioned above to a sanitary sewer system. the operator of the sanitary sewer system must be notified. A copy of the notification letter must be attached to the plan. Ifan industrial user permit has been issued under a pretreatment program. a copy ofthe permit must be attached to the plan as does any other permit to which the facility's discharge waters are sul:dect. This will help to prevent confusion and help to ensure that non-storm water discharges are not inadvertently authorized by this permit. b. Releases ofReportable Quantities ofHazardous Substances and Oil. Todais permit clarifies in Part Xl.S.2.b (Releases ofReportable Quantltles of Hazardous Substances and Oil) that each individual permittee is required to report spUls equal to or exceeding the RQ levels specified at 40 CFR 110, 117 and 302. Ifthe airport authority is the sole permittee, then the sum total ofall spills at the airport must be assessed against the RQ. Ifthe airport authority is a 􀁣􀁯􀁾􀁰􀁥􀁲􀁭􀁩􀁴􀁴􀁥􀁥� �with other deicing! anti-icing operators at the airport, such as numerous different airlines, the assessed amount must be the summation ofspiUs by each co· permittee. Ifseparate, distinct individual permittees exist at the airport. then the amount spiUed by each separate permittee must be the assessed amount for the RQ determination. 4. Storm Water Pollution Prevention Plan Requirement' B. Contents ofthe Plan. The pollUtion prevention plan reqUirements described below are in addition to those found under Part VI.C. (1) Description ofPotential Pollutant Sources. In addition to the common pollution prevention plan requirements discussed in Part VI.C.2.a. (Drainage), the site map developed for an entire airport shall identify the location of each tenant of the facility describe their activities. In addition to the pollution prevenuon requirements discussed in Part VI.C.2. (Description ofPotentlal Pollutant Sources). airport facilities, including areas operated by tenants of the facility that conduct industrial activities, must address the following specific operations and areas where the operations occur: Aircraft Delc/ngIAnti-icing-lncludes both deicing to remove frost. snow or ice, and anti-icing which prevents the accumulation of frost, snow or ice. Deicing/anti·icing ofan airplane is accomplished through the application of a freezing point depressant fluid. commonly ethylene glycol or propylene glycol, to the exterior surlace ofan aircraft. Both ethylene and propylene glycol have high biochemical oxygen demands (BOD) when discharged to receiving waters. Environmental impacts on surface waters due to glycol discharges includes glycol odors and glycol contaminated surface water and ground water systems. diminished dissolved oxygen levels and fish kills. The Federal Aviation Adminlstration (FAA) recently conducted a survey which focused on aircraft and runway 􀁤􀁥􀁩􀁣􀁩􀁮􀁧􀁬􀁡􀁮􀁴􀁩􀁾􀁩􀁣􀁩􀁮􀁧􀀠operations at U.S. airports. Ninety·six airports responded to the survey and results are summarized in a fmal report dated June 1. 1992. In summary, 65 airports indicated the amounts ofethylene glycol used for aircraft deicing for the winter periods of 1989-90 and 1990-91 and the volumes used by each airport ranged Significantly, from a few gallons to 520,000 gallons. The average annual volume of ethylene glycol used by all respondents for the winter periods of 1989-90 and 199Q...91 was approximately 2.16 million gallons. The FAA survey summary reported that the m'llority ofaircraft deicing operations occur on the apron adjacent to the passenger terminal and runoff generally drains to a nearby storm water inlet. In fact, 31 of the respondents to the FAA survey indicated that 75 percent or more of the spent deicing chemicals were discharged to a storm sewer system. In general, the remainder ofspent chemical resulting from aircraft deicing operations drained to ditches or open areas. All aspects of aircraft deicing/anti· icing operations. including quantities used and stored, as well as application, handling and storage procedures are required to be addressed under the conditions of this section. (b) Runway DeicingIAntI·!cingIncludes both deicing and anti-icing operations conducted on runways. taxiways and ramps. Runway deicing! anti-icing commonly i.nvolves either the application ofchemical fluids such as ethylene glycol or solid constituents such as pelletized urea. Urea has a high nitrogen content. therefore degradation of urea in a receiving water causes an increase in nutrient loadings resulting in an accelerated growth of algae and eutrophic conditions. Under certain ambient conditions, the degradation of urea in receiving waters can also result in ammonia concentrations toxic to aquatic life. The FAA's storm water survey reported that, of the facilities that indicated using urea for runway deicing/anti-icing for the winter periods of 1989-90 and 1990-91. the amount of urea used during a single winter period ranged from 100 pounds to 1,450,000 pounds (715 tons). With regard to disposal ofspent deicing/anti-icing chemicals from runways. taxi ways and ramps, 20 airports indicated that they discharged 50 percent or more of runoff from deicing areas directly to a storm sewer system. In response to questions concerning collection and treatment of spent deicing chemicals from runway deicing/anti-icing activities, on1y five facilities indicated that runofffrom runway deicing/anti-icing operations was collected and treated. All aspects ofrunway deiclng!antiicing operations. including types of deicing/antHcing chemicals. quantities used and stored. as well as application, handiing and storage procedures are required to be addressed under the conditions of this section. 51000 Federal Registel Vol. 60, No. 189 I Friday. September 1995 /Notices (c) Aircraft Servicing-Typically conducted on the apron area adjacent to the passenger tenninal. the servicing of aircraft could potentially contribute pollutants to storm water. As a result of spills or leaks during the servicing of aircraft. fluids such as engine oil, hydraulic fluid. fuel and lavatory waste could potentially enter the storm water system and/or be discharged to receiving waters. All spillage other than potable water should be prevented from entering the storm sewer system. (d) Aircraft. Ground Vehicle and Equipment Maintenance and WashingMaintenance activities included in this section include both minor and major operations conducted either on the apron adjacent to the passenger terminal, or at dedicated maintenance facilities. Potential pollutant sources from all types of maintenance activities include spills and leaks ofengine oils. hydraulic fluids. transmission oil. radiator fluids, and chemical solvents used for parIS cleaning. fa addition. the disposal ofwaste parIS. batteries, oil and fuel flllers. and oily rags also have a potential for contaminating storm water runoff from maintenance areas unless proper management practices and operating procedures are implemented. The spent wash water from aircraft and ground vehicle washing activities could potentially be contaminated with surface dirt. metals. and fluids (fuel. hydraulic fluid. oil. lavatory waste). (e) Runway Maintenance-Over time. materials such as tire rubber, oil and grease. paint chips. and jet fuel can build up on the surface of a runway causing a reduction in the friction ofthe pavement surface. When the friction level ofa runway falls below a specific level. then maintenance must be performed. The Federal Aviation Administration (FAA) recommends several methods for removing rubber deposits and other contaminants from a runway surface including high pressure water. chemical solvents, high velocity particle impact. and mechanical grinding. If not properly managed. the materials removed from the runway surface could be discharged into nearby surface waters. Simllarly. if chemical solvents are used in the maintenance operation. improper management practices could result in discharges of the chemical solvents in the storm water runoff from runway areas to nearby surface waters. (2) Measures and Controls. In addition to the common pollution prevention plan requirements discussed in Part Vl.C.3. (Measures and Controls), this section specifies that permittees must address particular Best Management Practices (EMF) for specific areas and operations identified as potential sources of pollutanlS. This section further specifies that a schedule for implementation shall be provided for each BMF selected. The BMPs specified in this section are not fatended to be the only alternative management practices considered by operators. simply the minimum to be considered. In most cases. the BMPs specified are common sense approaches that are already in practice at many airport facilities. As such, operators may only need to include the information in their storm water pollution prevention plan. Specific areas and industrial operations mentioned in this section and the corresponding BMPs for such areas are the following: (a) Aircraft, Ground Vehicle and Equipment Maintenance Areas (including aircraft service areas)-The plan must describe measures that prevent or minimize the contamination ofstann water runofffrom all areas used for aircraft. ground vehicle and equipment maintenance and servicing. Management practices such as performing all maintenance activities indoors, maintaining an organized inventory of materials used. draining all parts of fluids prior to disposal. prohibiting the practice of hosing down the apron or hangar floor. using dry cleanup methods in the event of spills. and/or collecting the storm water runoff from maintenance and/or service areas and providing treatment. or recycling should be considered. (b) Aircraft. Ground Vehicle. and Equipment Cleaning Areas-The plan must describe measures that prevent or minimize the contamination of the storm water runoff from all areas used for aircraft. ground vehicle, and equipment maintenance. Management practices such as performIng all cleaning operations indoors. and/or collecting the slorm water runoff from the area and providing treatment or recyCling should be considered. (e) Aircraft. Ground Vehicle. and Equipment Storage Areas-The storage of aircraft. ground vehicles. and eqUipment awaiting maintenance must be confmed to designated areas (delineated on the site map). The plan must describe measures that prevent or minimize the contamination ofstorm water runoff from these areas, Management practices such as indoor storage ofaircraft and ground vehicles. the use ofdrip pans for the coliection of fluid leaks. and perimeter drains. dikes or berms surrounding storage areas should be considered. (d) Material Storage Areas-Storage unilS ofali materials (e.g .. used oils. hydraulic fluids. spent solvents and waste aircraft fuel) must be maintained in good condition. so as to prevent contamination ofstorm water, and plainly labeled (e.g.. "used oil." "Contaminatedjet·A," etc.). The plan must describe measures that prevent Or minimize contamination of the slorm water runoff from storage areas. Management practices such as indoor storage of materials, centralized storage areas for waste materials, andlor installation of berms and dil or 􀁶􀁩􀁣􀁥􀁾􀁰􀁲􀁥􀁳􀁩􀁤􀁥􀁮􀁴􀀠ofthe corporation in charge ofa principal business function. or any other person who perfonns 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 facility: by either a prIncipa1 executive officer or ranking elected official. For purposes of this section. a principal executive officer of a Federal agency includes (I) the chief executive officer of the agency, or (2) a senior executive ofncer having responsibility for the overall operations of a principal geographic unit of the agency (e.g .. Regional Administrators of EPA). 2. Authorized Representative. All reports required by the permit and other information requested by the Director shall be signed by a person described in Section VILG.1. above or be signed 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. Ifan authorization under paragraph VIl.G .2. is no longer accurate because a different individual or position has responsibility for the overall operation of the facility. a new NOI satisfying the requirements of paragraph II.B. (Contents ofNOI) 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 this section shall make the followIng certification: [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 qwllified personnel properly gathered and evaluated the informatlon 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 ofmy knowledge and belief. true, accurate, and complete. 1am aware that there arc significant penalties for submitting false information. including the possibility of fine and imprisonment for knOwing violations. Federal RegistL /Vol. 60, No. 189 /Friday, Septembe. 􀁾􀀹􀀬􀀠1995 /Notices 51121 H. Penalties for Falsiflcation ofReports Section 309 (c)(4) ofthe 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 morc than 2 years, or by both. 1. Penalties [or Falsification o[ Monitoring Systems The CWA 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 fmes and imprisonment described in Section 309 of the CW A. j. Oil and Hazardous Substance LiabWty Nothing io 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 CW A or Section 106 of the Comprehensive Environmental Response, Compensation and Liability Act of1980 (CERCLA). K. Property Rights The issuance of this permit does not convey any properly rights ofany 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. £. Severability The provisions of this permit are severable, and if any provision ofthis pennit, or the application ofany provision of this permit to any circumstance, is held invalid. the application ofsuch provision to other circumstances. and the remainder of this permit shall not be affected thereby. M. Requiring an Individual Permit Of an AlteInative General Permit 1_ Director Designation. 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 penni!. Any interested person may petition the Director to take action under this paragraph. The Director may reqUire any owner or operator authorized to discharge under this permit to apply for an individual NPDES permit only ifthe owner or operator has been notified in writing that a permit application is reqUired. This notice shall include a brief statement of the reasons for this decision, an application form, a statement setting a deadline for the owner or operator 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 applles to the individual permittee, coverage under this general permit shall automatically terminate. Individual permit applicatiOns shall be submitted to the address of the appropriate Regional Office shown in Part VLB. (Reporting: Where to Submit) of this permit The Director may grant additional time to submit the application upon request request of the applicant. Ifan owner or operator fails to submit In a timely manner an individual NPDllS permit application as required by the Director, then the applicability of this permit to the individual NPDES permittee is automatically terminated at the end of the day specified for application submittaL 2. Individual Permit Application. Any owner or operator authorized by this permit may request to be excluded from the coverage of this permit by applying for an individual permit. The owner or operator shall submit an individual application (Form 1 and Form 2F) with reasons supporting the request to the Director. Individual permit applications shall be submitted to the address of the appropriate Regional Office shown in Part VI.B. ofthis permit. The request may be granted by the issuance of any individual permit or an alternative general permit if the reasons cited by the owner or operator are adequate to support the request. 3. Individual!Alternative General Permil Issuance. When an individual NPDES permit is issued to an owner or operator otherwise subject to this permit, or the owner or operator is authorized for coverage under an alternative NPDllS general permit, the applicability of this permit to the individual NPDllS 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 othenvise specified by the Director. N. State!Environmental Laws 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. No condition of this permit shall release the permittee from any responsibility or reqUirements under other environmental statutes or regulations. O. Proper Opera lion and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) that. are installed or used by the permittee to achieve compliance with the conditions of this permit and with the reqUirements ofstorm 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. p, Monitoring and Records 1. RepresentatIve Samples! Measuremenls. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. 2. Retention ofRecords. a. The permittee shall retain records ofall monitoring Information, copIes of all reports required by this permit, and records of all data used to complete the application of this permit for a period of at least three (3) years from the date of sample. measurement. evaluation or inspection. report, Or application. This period may be extended by request of the Director at any time. Permittees must submit any such records to the Director upon request. b. The permittee shall retain the pollution prevention plan developed in accordance with Parts IV, and XI. of this permit until a date 3 years after the last modification or amendment is made to the plan, and at least 1 year after coverage under this permit terminates. 3. Records Contents. Records of monitoring information shall include: 8, The date, exact place, and time of samplIng or measurements; 51122 Federal Regist,,_ /Vol. 60, No. 189 I Friday, Septembel 􀁾􀀹􀀬􀀠1995 I Notices bl The initials or name(s) of the individual(s) who performed the sampling or measurements; c. The daters) analyses were performed: d, The time(s) analyses were initiated; e. The initials or name(s) of the individual(5) who performed the analyses; f. References and written procedures, when available, for the analytical techniques or methods used; and g. The results ofsuch analyses, including the bench sheet'), instrument readouts, computer disks or tapes, etc .• used to determine these results. 4. Approved Monitoring Methods. Monitoring must be conducted according to test procedures approved under 40 CFR Part 136, unless other test procedures have been specified j n this pennit. Q. Inspection and Entry The permittee shall allow the Director or an authorized representative ofEPA, the State environmental agency, or, in the case ofa facility that discharges through a municipal separate storm sewer, an authorized representative 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: 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; have access to and copy at reasonable times, any records that must be kept under the conditions of this permit; and inspect at reasonable times any facilities or eqUipment (including monitoring and control equipment). R. Permit Actions This permit may be modified, revoked and reissued. or terminated for cause. The filing ofa 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. Bypass ofTreatment Facility I. Notice. a. Anticipated Bypass. If a permittee subject to the numeric effiuent limitations of Parts V. and XI. of this permit knows in advance ofthe need for a bypass, he or she shall submit prior notice. ifpossible, at least 10 days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. b. Unanticipated Bypass. The permittee subject to the numeric effiuent limitations of Parts V. and XI. of this permit shaH submit notice ofan unanticipated bypass. Any information regarding the unanticipated bypass shall be provided orally within 24 hours from the time the permittee became aware of the circuffi.'itanccs. A written submission shall also be provided within 5 days of the time the permittee became aware of the circumstances. The written submission shall contain a description of the bypass and its cause; the period of the bypass; including exact dates and times, and if the bypass 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 bypass. 2. Prohibition ofBypass. B. Bypass is is prohibited and the Director may take enforcement action against a permittee for a bypass. Unless: (I) The bypass was unavoidable to prevent loss ofUfe. personal injury, or severe property damage; (2) There were no feasible alternatives to the bypass, such as the use of auxiliary facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied jf the permittee should. in the exercise of reasonable engineering judgement. have installed adequate backup equipment to prevent a bypass that occurred during normal periods of equipment downtime or preventive maintenance; and (3) The permittee submitted notices of the bypass. b. The Director may approve an antlcipaled bypass after conSidering its adverse effects. if the Director determines that it will meet the three conditions listed in Part VII.S.2.a. T. Upset Conditions I. Affirmative Defense. An upset constitutes an affirmative defense to an action brought for noncompliance with technology-based numeric effluent limitations in Parts V. and Xl. of this permit if the requirements ofparagraph 2 below are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. 2. Required Defense. A permittee who wishes to establish the affirmative defense of an upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence. that: 3. An upset occurred and that the permittee can identify the specific causers) of the upset: b. The permitted facility was at the time being properly operated; and c. The permittee provided oral notice of the upset to EPA witldn 24 hours from the time the permittee became aware of the circumstancE".5. A written submission shall also be provided within 5 days of the time the permittee became aware of the circumstances. The written submission shall contain a description of the upset and its cause; the period of the upset; including exact dates and times, and if the upset 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 upset. 3. Burden ofProof. In any enforcement proceeding the permittee seeking to establish the occurrence ofan upset has the burden of proof. VIIi. Reopener Clause A. Potential or Realized Impacts on Water Quality If there is evidence indicating potential or realized impacts on water quality or on a listed endangered species due to any storm water discharge associated with industrial activity covered by this permit, the owner or operator ofsuch discharge may be required to obtain an individual permit or an alternative general permit in accordance with Part VILM. (Requiring an Individual Permit or an Alternative General Permit) ofthis permit or the permit may be modified to include different limitations and/or reqUirements. B. Applicable Regulations Permit modification or revocation will be conducted according to 40 CFR 122.62, 122.63, 122.64, and 124.5. IX. Termination of Coverage A. Notice of Termination Where all storm water discharges associated with industrial activity that are authorized by this permit are eliminated. or where the operator of storm water discharges associated with industrial activity at a facility changes. the operator of the facility may submit a Notice of Termination that is signed in accordance with Part VII.G. (Signatory Requirements) of this permit. The Notice ofTermination shall include the following information: 1. Facility Information. Name. mailing address, and location of the facility for which the notification is submitted.Describe the location ofthe approximate center ofthe site in terms of the latitude and longitude to the nearest 15 seconds, or the section, Federal Registtc. I Vol. 60, No. 189 I Friday, Septembel 􀁾􀀹􀀬􀀠1995 I Notices 51123 township and range to the nearest quarter section; 2. Operator Infonnation. The name, address, and telephone number of the operalor addressed by the Notice of Termination; 3. Permit Number. The NPDES permit number for the storm water discharge associated with industrial activity identified by the Notice ofTermination; 4. Reason ror Termination. An indication of whether the storm water discharges associated with industrial activity have been eliminated or the operator of the discharges has chaoged; and 5. Certification. The following certification signed in accordance with Part VII.C. (Signatory Requirements) of this permit: 1certify under penalty of law that all storm water discharges associated with industrial activity from the identified fiitc1lity that are authorized by an NPDES general permit have been eliminated or that 1am no longer the operator of the Industrial activity. J understand that by submitting this notice of termination, that I am no longer authorized to dtscharge storm water associated with industrial activity under this 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 an 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. B. Addresses All Notices ofTermination are to be sent, using the form provided by the Director (or a photocopy thereof), 2 to the Director of the NPDES program at the following address: Storm Water Notice ofTermination (4203), 401 M Sireet, S.W., Washington, D,C. 20460. X. Definitions Best Management Practices ("BMPs") means schedules of activities. prohib1tions ofpractices, maintenance procedures, and other management practices to prevent or reduce the pollution of walers of the United States. BMPs also also include treatment requirements. operating procedures, and practices to control facility site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Bypass means the intentional diversion of waste streams from any portion ofa treatment facility, Coal pile runoffmeans the rainfall runoff from or through any coal storage pile it A copy of the approved NOT fann is proVIded in Addendum C ofthis nodce. Co-located industrial activity means when a facility has industrial activities being conducted onsite that are described under more than one of the coverage sections of Part XI in this permit (Discharges Covered Under This Section). Facilities with co-located industrial activities shall comply with all applicable monitoring and pollution prevention plan requirements of each section in which a co-located industrial activity is described. CWA means Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972). Commercial Treatment and Disposal Facilities means facilities that receive, on a commercial basis. any produced hazardous waste (not their own) and treat or dispose of those wastes as a service to the generators. Such facilities treating and/or disposing exclusively residential hazardous wastes are not included in this definition. Director means the Regional Administrator or an authorized representative. 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. Landfill means an area of land or an excavation in which wastes are placed for permanent disposal. and that is not a land application unit, surface impoundment. injection well. or waste pile. Land application unit means an area where wastes are applied onto or Incorporated into the soil surface (excluding manure spreading operations) for treatment Or disposal. Large and medium municIpal separate storm sewer system means all municipal separate storm sewers that are either: (i) iocated in an inCOrPorated place (city) with a population of 100,000 or mQre as determined by the latest Decennial Census by the Bureau of Census (these cities are listed in Appendices F and C 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 Hand I of 40 CFR Part 122): or (Hi) owned or operated by a municipality other than those described in paragraph (i) or (U) and that are designated by the Director as part of the large or medium municipal separate storm sewer system, NOTmeans notice of termination (see Part IX.A. of this permlL) Point source means any discernible, confined. and discrete conveyance. including but nollimited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stOrm water runoff. Section 313 water priority chemical means a chemical or chemical categories that: (1) Are listed at 40 CFR 372.65 pursuant to Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) (also known as Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986); (2) are present at or above threshold levels at a facility subject to EPCRA Section 313 reporting requirements; and (3) meet at least one of the following criteria: (1) are listed in Appendix D of 40 CFR Part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table V (certain toxic pollutants and hazardous substances); (iI) are listed as a hazardous substance pursuant to Section 311 (b)(2)(A) of the CWA at 40 CFR 116.4; or (iii) are pollutants for which EPA has published acute or chronic waler quality criteria. See Addendum A of this permit. This addendum was revised based on final rulemaking EPA published in Ihe Federal Register November 30, 1994. Significant materials includes, but is not limited to: raw materials; fuels; materials such as solvents. detergents. and plastic pellets; finished materials such as metallic products; raw materials used in food procl?,ssing or production; hazardous substances designated under Section 10 I (14) ofCERCLA; any chemical the facility is required to report pursuant to EPCRA Section 313; fertilizers; pesticides: and waste products such as ashes, slag and sludge that have the potential to be released with storm water discharges. Significant sp111s includes. but is not limited to: releases ofoil or hazardous substances in excess of reportable quantities under Section 3i I of the Clean Water Act (see 40 CFR 110.10 and CFR 117.21) or Section 102 of CERCLA (see 40 CFR 302.4). Storm water means stonn water runoff. snow melt runoff. and surface runoffand drainage. 51124 Federal 􀁒􀁥􀁧􀁩􀁳􀁴􀁾􀀠/Vol. 60, No. 189 /Friday. Septemhel ,,9. 1995 /Notices Storm water associated with industrial 􀁡􀁣􀁴􀁪􀁶􀁩􀁾􀁹􀀠means the discharge from any conveyance that is used for collecting and conveying storm water and that 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 tines 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 appllcation Or disposal of process waste waters (as defIned at 40 CFR Part 401); slles used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receivIng areas; manufacturing bujldings; storage areas (including tank farms) for raw materials, and intennediate 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 handJing 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 tenn 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 (indudlng industrial facilities that are Federally. State. or municipally owned or operated that meet the description of the facilities listed in paragraphs (i) to (xi) of this definition) include those facilities designated under 122.26(a)(l)(v). The following categories offacilities are considered to be engaging in "industrial activity" for purposes of this subsection: (0 Facilities subject to storm water effiuent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Subchapter N (except facilities with toxic pollutant effluent standards that are exempted under category (xi) of this defmltion); (Ii) Facilities classified as Standard Industrial Classifications 24 (except 2434). 26 (except 265 and 267), 28 (except 283 and 285). 29, 311. 32 (excert 323), 33, 3441. 373; (Hi Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) induding active or inactive mining operations (except for areas of coal mining operations no longer meeting the definition ofa reclamation area under 40 CFR 434.11 (I) because the performance bond issued to the facility by the appropriate SMCRA authority has been released. or except for areas of noncoal mining operations that have been released from applicable State or Federal reclamation reqUirements arter 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 that 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 siIes, 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 ReRA; (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 lndustrial 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 422125).43.44.45 and 5171 that 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 that are otherwise identified under paragraphs (i) to (vii) or (Ix) to (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 ofsewage sludge that are located within the confmes of the facility. with a design flow of l.0 mgd or more, or required to have an approved pretreatment program under 40 CFR Part 403. Not included are farm lands. domestic gardens or lands used for sludge management where sludge Is beneficially reused and that are not physically located in the confines of the facility. or areas that are in compliance with 40 CFR Part 503; (x) Construction activity including clearIng, grading and excavation activities except: operations that result in the disturbance of less than 5 acres of total land area that are not part of a larger common plan of development or sale; (xi) Facilities under Siandard 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 that are not otherwise included within categories Ii) to (x)).' 􀁔􀁩􀁭􀁥􀁾􀁷􀁥􀁪􀁧􀁨􀁴􀁥􀁤􀀠compOSite means a composite sample consisting of a mixture of equal volume aliquots collected at a constant time interval. Upset means an exceptional incident in which there is unintentional and temporary noncompliance with the numeric emuent limitations of Parts V. and Xl. of this permit because of factors beyond the reasonable control of the pennittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities. inadequate treatment facilities. lack of preventive maintenance, or careless or improper operation. Waste pile means any noncontainerized accumulation of solid, nonflowing waste that is used for treatment or storage. Waters ofthe United States means: ;tOn June 4, 1992. the Unired States Courtof Appeals for the Ninth Circuit remanded the exclusion for manufacturing facl1Hles In categoty (xl) that do not have materials o.activities exposed to storm water to the EPA for further rulemaklng. (Nos. 90-70571 and 91-70200.) Federal Regist •. I VoL 60, No. 189 I Friday, Septembe.t ,,9, 1995 I Notices 51125 3. An waters that are currently used. were used in the past. or may be susceptible to usc in interstate or foreign commerce, including all waters that 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: I. That are or could be used by interstate or foreign travelers for recreational or other purposes; 2. From whlch fish or shellfish are or could be taken and sold in interstate or foreign commerce; or 3. That are used or could be used for industrlal purposes by industries in interstate commerce; d. An impoundments of waters otherwise defined as waters of of the United States under this definition: e. Tributaries of waters identified in paragraphs (aJ 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 (0 of this definition. (Waste treatment systems. including treatment ponds or lagoons designed to meet the requirements ofCWA are not waters of the United States.) Specific Requirements for Industrial Activities A. Storm Water Discharges Associated With Industrial Activity From Timber Products :Facilities 1. Discharges Covered Under This Section. The requirements listed under this section shall apply to storm water discharges from the following activities: establishments [generally classified under Standard Industrial Classification (SIC) Major Group 24] that are engaged in cutting timber and pulpwood, merchant sawmills, lath mills, shingle mills, cooperage stock mills, planing mills, and plywood and veneer mills engaged in producing lumber and wood basic materials; and establishments engaged in wood preserving or in manufacturing finished articles made entirely ofwood or related materials, except for wood kitchen cabinet manufacturers (SIC Code 2434), which are addressed under Part XI.W. of this permit. When an industrial facility, described by the above coverage provisions of this section, has industrial activities being conducted onsite that meet the descrlption(s) of industrial activities in another section(s). that industrial facility shall comply with any and all applicable monitoring and pollution prevention plan reqUirements of the other section(s) in addition to all applicable requirements in this section. The monitoring and pollution prevention plan terms and conditions of this 􀁭􀁵􀁬􀁴􀁩􀁾􀁳􀁥􀁣􀁴􀁯􀁲􀀠permit are additive for industrial activities being conducted at the same industrial facility (co. located industrial activities). The operator of the facility shall determine which other monitoring and pollution prevention plan seclion(s) oflhis permit Of any) are applicable to the facility. 2. Special Conditions. a. Prohibition of􀁎􀁯􀁮􀁾􀁳􀁴􀁯􀁲􀁭􀀠Water Discharges. (J) Discharges of boiler blowdown and water treatment wastewaters, noncontact and contact cooling waters, wash down waters from treatment eqUipment, and storm water that has come in contact with areas where spraying of chemical formulations designed to provide surface protection. to waters of the United States, or through municipal separate storm sewer systems are not authorized by this permit. The operators ofsuch discharges must obtain coverage under a separate NPDES discharge permit. (2) In addition to the discharges described in part III.A.Z., the following nonMstorm water discharges may be authorized by this permit provided the nonMstorm water component of the discharge is in compliance with paragraph XLA.3.a.(3)(g)(i) (Measures and Controls for Non-stann Water Discharges): discharges from the spray down of lumber and wood product storage yards where no chemical additives are used in the spray down waterS and no chemicals are applied to the wood during storage. 3. Storm Water Pollution Prevention Plan Requirernents. a. Contents ofPlan. The plan shall include, at a minimum. the following items: (I) PoIIution Prevention Team. Each plan shall identify a specific individual or indivIduals within the facility organization as members of a storm water Pollution Prevention Team that are responsIble for developing the storm water pollution prevention plan and assisting the facility or plant manager in its implementation, maintenance. and revision. The plan shall clearly identify the responsibilities of each team member. The activities and responsibilities ofthe team shall address all aspects of the facility's storm water pollution prevention plan. (2) Description ofPotential Pollutant Sources. Each plan shall provide a description ofpotential sources that may reasonably be expected to add significant amounts of pollutants to storm water discharges or that may result in the discharge ofpollutants during dry weather from separate stonn sewers draining the facility. Each plan shall identifY all activities and significant materials that may potentially be Significant pollutant sources. Each plan shall include, at a minimum: (a) Drainage. (i) A sHe map indicating the location of outfall. covered by the permit. the types of discharges contained in the drainage areas of the outfalls. an outline of the portions ofthe drainage area of each storm water outfall that are within the facility boundaries, each existing structural control measure to reduce pollutants in storm water runoff. surface water bodies. locations where significant materials are exposed to precipitation. locations where major spills or leaks identified under Part XI.A.3.a.(2)(c) (Spills and Leaks) ofthls permit have occurred. and the locations of the following activities where such activities are exposed to precipitation: fueling stations; vehicle and eqUipment maintenance and/or cleaning areas; loading/unloading areas; material handling areas; locations used for the treatment, storage. or disposal ofwastes; liquid storage tanks: processing areas; treatment chemical storage areas; treated wood and residue storage areas; wet decking areas; dry decking areas; untreated wood and residue storage areas; and treatment equipment storage areas. (ii) For each area of the facility that generates storm water discharges associated with industrial actlvity with a reasonable potential for containing significant amounts of pollutants, a prediction of the direction offlow. and an identiflcation of the types of pollutants that are likely to be present in stonn wateT discharges associated with industrial activity, Factors to consider include the toxicity of Chemicals; quantity ofchemicals used, produced or discharged; the likelihood of contact with storm water; and history ofslgnificant leaks or spills of toxlc or hazardous pollutants. Flows with a significant potential for causing erosion shall be identified. (b) Inventory ofExposed MaterialsAn inventory of the types ofmaterials handled at the site that potentially may be exposed to precipitation. Such inventory shall include a narrative /ElZffViT M-JVC-tJI'I-6-E -1l-1Y' 􀁾􀀧􀁓􀀮􀀠Federal Registel VoL 60. No. 189 I Friday. September' 1995 I Notices 51215 climatic conditions:, the discharger must document the reason for not performing the visual examination. Adverse weather conditions which may prohibit the collection of samples include weather conditions that create dangerous conditions for perSonnel (such as local flooding. high winds. hurricane. tornadoes, electrical storms. etc.) or otherwise make the collection of a sample impracticable (drought. extended frozen conditions. etc.). (6) When a discharger is unable to conduct visual storm water examinations at an inactive and unstaffed site. the operator of the facility may exercise a waiver of the monitoring reqUirement as long as the facility remains inactive and unstaffed. The facility must maintain a certification with the pollution prevention plan stating that the site is inactive and unstaffed so that performing visual examinations during a qualifying event is not feasible. S. Stann Water Discharges Associated With Industrial Activity From Vehlde Maintenance Areas. Equipment Cleaning Areas. or Deicing Areas Located at Air Transportation Facilities I. Discharges Covered Under This Section The reqUirements listed under this section shall apply to storm water discharges from establishments andlor fucilities including airports. air terminals. air carriers. flying fields. and establishments engaged in servicing or maintaining airports andlor aircraft (generally classified under Standard Industrial Classification (SIC) code 45) which have vehicle maintenance shops, material handling facilities. equipment cleaning operations or airport andlor aircraft 􀁤􀁥􀁩􀁣􀁩􀁮􀁧􀀯􀁡􀁮􀁴􀁩􀁾􀁩􀁣􀁩􀁮􀁧􀀠operations. For the purpose of this permit. the term "deicing" is defined as the process to remove frost. snow, or ice and "antiicing" is the process which prevents the accumulation offrost, snow, or ice. (a) Coverage. Only those portions of the facility or establishment that are either involved in vehicle maintenance (including vehicle rehabilitation. mechanical repairs. painting. fueling. and lubrication). equipment cleaning operations. or deicing/anti·icing operations arc addressed under this section. When an industrial facility. described by the above coverage provisions of this section. has industrial activities being conducted onsile that meet the description(s) ofindustrial activities in another sectlon(s}. that industrial fucility shall comply with any and all applicable monitoring and pollution prevention plan reqUirements of the other section(s) in addition to all applicable requirements In this section. The monitoring and pollution prevention plan terms and conditions of this muiti-sector permit are additive for industrial activities being conducted at the same industrial facility (co-located industrial activities). The operator of the facility shall determine which other monitoring and pollution prevention plan section(s) of this permit (if any) are applicable to the facility. 2. Special Conditions (a) Prohibition ofNon-storm Water Discharges. In addition to those discharges prohibited under Part Ill.A.2. non-stann water discharges including aircraft. ground vehicle. runway and eqUipment washwaters. and dry weather discharges ofdeicing/anti-Icing chemicals are not authorized by this permit. Dry weather discharges are those discharges generated by processes other than those included in the definition ofstorm water. The definition ofstonn water includes stonn water runoff. snow melt runoff. and surface runoff and drainage. All other discharges constitute non-storm water discharges. Operators of non-stonn water discharges must obtain coverage under a separate National Pollutant Discharge Elimination System (NPDIlS) permit ifdischarged to waters of the United States or through a municipal 􀁳􀁥􀁾􀁲􀁡􀁴􀁥􀀠storm sewer system. (b) Releases ofReportable Quantities ofHa7.ardous Substances and Oil. Each individual permittee is required to report spills equal to or exceeding the reportable quantity levels specified at 40 CFR 110. 117. and 302 as described at Part VI.B.2. Ifan airport authority is the sale permittee. then the sum total ofall spills at the airport must be assessed against the RQ. If the airport authority is a co-permittee with other deicing! anti-icing operators at the airport, such as nwnerous different airlines, the assessed amount must be the summation ofspills by each co· permittee. If separate. distinct individual permittees exist at the airport. then the amount spilled by each separate permittee must be the assessed amount for the RQ determination. 3. Storm Water Pollution Prevention Plan Requirements Storm water pollution prevention plans developed for areas of the facility occupied by tenants of the airport shall be integrated with the plan for the entire airport. For the purposes oftoday's pennit. tenants of the airport facility include airline companies, fixed based operators and other parties which have contracts with the airport authority to conduct business operations on airport property which result in storm water discharges asSOCiated wIth industrial activity as described in paragraph I of this section. Plans should be developed in accordance with Part IV. Storm Water Pollution Prevention Plans). (8) Contents ofPlan. Each plan shall include, at a minimum, the follOWing items: (1) Pollution Prevention Team. Each plan shall identify a specific individual or individuals as member(s) ofa storm water PoHution Prevention Team who are responsible for developing the storm water pollution prevention plan and assisting the facility management in its implementation. maintenance, and revision. The plan shall clearly identify the responsibilities of each team member. The activities and responsibilities of the team shall address all aspects of the facility's storm water pollution prevention plan. (2) Description ofPotential Pollutant Sources. Each plan shall provide a description of potential sources which may reasonably be expected to add significant amounts of pollutants to storm water discharges or which may resuit In the discharge ofpollutants during dry weather from separate stonn sewers draining the facility. Each plan shall identify all activities and Significant materials which may potentially be significant pollutant sources. Each plan shall include, at a minimum: (a) Drainage. (I) A site map indicating an outline of the drainage area ofeach storm water outfall within the facility boundaries. each existing structural control measure to reduce pollutants in storm water runoff. surface water bodies, locations where significant materials are exposed to precipitatIon. locations where major spills or leaks identified under paragraph XJ.S.3.a.(2)(c) (Spills and Leaks) of this section have occurred, and the locations of the following activities where such activities are exposed to precipitation: aircraft and runway deicing/anti-king operations; fueling stations; aircraft. ground vehicle and equipment maintenance andlor cleaning areas; storage areas for aircraft. ground vehicles and equipment awaiting maintenance; loading/unloading areas; locations used for the treatment, storage or disposal ofwastes, liquid storage tanks. processing areas and storage areas. The map must indicate the outfall locations and the types of discharges contained In the drainage areas of the outfalls. (11) For each area of the facility that generates storm water discharges 51216 Federal Registel Nol. 60, No. 189 I Friday, September , 1995 I Notices associated with industrial activity with a reasonable potential for containing significant amounts of pollutants, • prediction of the direction offlow, and an identification of the types of pollutants which are likely to be present in storm water discharges associated with industrial activity. Factors to consider include the toxicity of chemical; quantity of chemicals used, produced or clischarged; the likelihood of contact with stonn water: and history of Significant leaks or spllls of toxic or hazardous poIlutants. Flows with a significant potential for causing erosion shall be identified. 􀀨􀁊􀁪􀁾􀀠The site map developed for the entire airport shall indicate the location ofeach tenant of the facility that conducts industrial activities as described in Part Xl,S, La•• and incorporate information from the tenants site map (including a description of industrial activities, significant materials exposed, and existing management practices). (b) Inventory ofExposed Materials-An inventory of the types of materials handled at the site that potentiaIly may be exposed to precipitation. Such inventory shall include a narrative description of Significant materials that have been handled. treated, stored or dJsposed in a manner to allow exposure to stann water between the time of 3 years prior to the date of the submission of a Notice ofIntent (NOl) to be covered under this permit and the present; method and location of onsite storage or disposal; materials management practices employed to minimize contact of materials with storm water runoff between the time of 3 yearS prior to the date of the submission of a Notice of Intent (NO!) to be covered under this permit and the present; the location and a description of existing structural and nonstructuraJ control measures to reduce pollutants in storm water runoff: and a description ofany treatment of storm water runoff. (c) Spills and Leaks-A list of significant spills and Significant leaks of IDxic or hazardous pollutants that occurred at areas that are exposed to precipitation or that otherwise drain to a stonn water conveyance at the facility after the date of 3 years prior to the date of the submission of a Notice of Intent (NOll to be covered under this permit. Such list shall be updated as appropriate during the term of the permit. (d) Sampling Data-A summary of existing discharge sampling data describing pollutants in stann water discharges from the facility, including a summary ofsampling data collected during the term of this permit. (e) Risk Identlflcation and Summary ofPotential Pollutant Sources-A narrative description of the potential pollutant sources from the following activities: aircraft. runway, ground vehicle and equipment maintenance and cleaning: aircraft and runway deicing/anti-icing operations (including apron and centralized aircraft deicing/anti-icing stations, runways, taxiways and ramps); outdoor storage activities: loading and unloading operations; and onsite waste disposal. The description shall specificaIly list any significant potential source of pollutants .t the facility and for each potential source, any pollutant or pollutant parameter [e,g., biochemical oxygen demand (BODs), oil and grease, etc.] of concern shall be identified. Facilities which conduct deicing/antiicing operations shall maintain a record of the types [including the Material Safety Data Sheets (MSDSJ] and monthly quantities of deicing/anti-icing chemicals used. Tenants and fixed-base operators who conduct 􀁤􀁥􀁩􀁣􀁩􀁮􀁧􀀯􀁡􀁮􀁴􀁩􀁾􀀠icing operations shall provide the above information to the airport authority fur inclusion in the storm water pollution prevention plan for the entire facility. (3) Measures and Controls, Operators covered by this permit shaIl develop a description ofstorm water management controls appropriate for their areas of operation. and implement such controls. The priority in selecting controls shall reflect identified potential sources of pollutants at the facility. The description of stonn water management controls shall address the following minimum components. including a schedule for implementing such controls: (a) Good Housekeeping-Good housekeeping requires the maintenance of areas which may contribute pollutants to stonn water discharges in a clean. orderly manner. (i) Aircraft. Ground Vehicle and Equipment Maintenance AreasPermittees should ensure the maintenance of equipment is conducted in designated areas only and clearly identify these areas on the ground and delineate them on the site map. The plan must describe measures that prevent or minimize the contamination of the storm water runofffrom all areas used for aircraft. ground vehicle and equipment maintenance (including the maintenance conducted on the terminal apron and In dedicated hangars). Management practices or equivalent measures such as performing maintenance activities indoors, maintaining an organized inventory of materials used in the maintenance areas, draining all parts of fluids prior to disposal. preventing the practice of hosing down the apron or hangar floor. using dry cleanup methods, andlor collecting the storm water runoff from the maintenance area and providing treatment or recycling should be considered. (il) Aircraft. Ground Vehicle and Equipment Cleaning Areas--Permittees should ensure that cleaning of equipment is conducted in designated areas only and clearly identify these areas on the ground and delineate them on the site map. The plan must describe measures that prevent or minimize the contamination of the storm water runoff from all areas used for aircraft. ground vehicle and eqUipment cleaning. Management practices such as perfonning cleaning operations indoors, and/or collecting the storm water runoff from the cleaning area and providing treatment or recycling should be considered. (iii) Aircraft. Ground Vehicle and Equipment Storage Areas-The storage of aircraft, ground vehicles and equipment awaiting maintenance must be confmed to designated areas (delineated on the site map). The plan must describe measures that prevent or minimize the contamination of the storm water runoff from these areas. Management practices such as indoor storage of aircraft and ground vehicles, the use of drip pans for the collection of fluid leaks. and perimeter drains, dikes or berms surrounding storage areas should be considered. (iv) Material Storage Areas-Storage units ofall materials (e,g .• used oils. hydraulic fluids, spent solvents. and waste aircraft fuel) must be maintained in good condition. so as to prevent or minimize contamination ofstorm water, and plainly labeled (e.g .. "used oil." "Contaminated Jet A," etc.). The plan must describe measures that prevent or minimize contamination of the storm water runoff from storage areas. Management practices or equivalent measures such as indoor storage of materials. centralized storage areas for waste materials, and/or installation of benning and diking around storage areas should be considered for implementation. (v) Airport Fuel System andFueling Areas--The plan must describe measures that prevent or minimize the discharge offuels to the storm sewer resulting from fuel servicing activities or other operations conducted in support of the airport fuel system. Where the discharge offuels into the storm sewer cannot be prevented, the plan shall indicate measures that will be employed to prevent or minimize the discharge of the contaminated runoff into receiving Federal Registel VoL 60. No. 189 I Friday. September 1995 I Notices 51217 surface waters. Management practices or equivalent measures such as implementing spill and overflow practices (e.g.• placing sorptive materials beneath aircraft during fueling operations). using dry cleanup methods. andlor collecting the storm water runoff should be considered. (b) Preventive Maintenance-A preventive maintenance program shall involve timely inspection and maintenance of storm water management devices (e.g .. cleaning oill water separators, removing debris from catch basins) as well as inspecting and testing facility eqUipment and systems to uncover conditions that could cause breakdowns Of failures resulting in discharges of pollutants to surface waters, and ensuring appropriate maintenance of such equipment and systems. (c) Spill Prevention andResponse Procedures-Areas where potential spills which can contribute pollutants to storm water discharges can occur, and their accompanying drainage points shall be identified identified clearly in the storm water pollution prevention plan. The plan shall describe material handling procedures, storage requirements. and consider the use of eqUipment such as diversion valves. Procedures for cleaning up spills shall be identified in the plan and made avaUable to the appropriate personnel. The necessary equipment to implement a clean up should be available to personnel. (d) Source Reduction-Operators who conduct aircraft and/or runway (including taxiways and ramps) deicing! anti-icing operations shall evaluate present operating procedures to consider alternative practices to reduce the overall amount of deicing/antHcing chemicals used andlor lessen the environmental impact of the pollutant source. (i) With regard to runway deicing operations. operators. at a minimum. shall evaluate: present application rates to ensure against excessive over application: metered application of deicing chemical; pre-wetting dry chemical constituents prior to application; installation of runway ice detection systems; implementing antiicing operations as a preventive measure against ice buildup; the use of substitute deicing compounds such as potassium acetate in Jieu of ethylene glycol. propylene glycol and/or urea. (ii) In considering source reduction management practices for aircraft deicing operations. operators. at a minimum. should evaluate current application rates and practices to ensure against excessive over application. and consider pretreating aircraft with hot water prior to the application of a deicing chemical. thus redUCing the overall amount of chemical used per operation. Source reduction measures that the operator determines to be reasonable and appropriate shall be implemented and maintained. The plan shall provide a narrative explanation of the options considered and the reasoning for whether or not to implement them. (e) Management ofRunoff-The plan shall contain a narrative consideration of the appropriateness of traditional storm water management practices (practices other than those those which prevent or reduce source(s) of pollutants) used to divert. infiltrate. reuse. or otherwise manage storm water runoff in a manner that reduces pollutants in storm water discharges from the site. The potential of various sources at the facility to contribute pollutants to storm water discharges assoelated with industrial activity [see paragraph Xl.S.3.a.(2) (Description of Potential Pollutant Sources)] shall be considered. Appropriate measures or equivalent measures may include: vegetative swales, reuse of collected storm water (such as for a process or as an irrigation source). inlet controls (such as olllwater separators). snow management activities. i.n.IIltration devices. and wet detention/retention devices. Measures that the permittee determines to be reasonable and appropriate shall be implemented and maintained. (i) Operators that conduct aircraft and/or runway 􀁤􀁥􀁩􀁣􀁩􀁮􀁧􀀯􀁡􀁮􀁴􀁩􀁾􀁩􀁣􀁩􀁮􀁧􀀠operatiOns shall also provide a narrative consideration of management practices to control or or manage contaminated runofffrom areas where delcinglantiicing operations occur to reduce the amount of pollutants being discharged from the site. Structural controls such as establishing a centralized aircraft deicing facility. and/or collection of contaminated runoff for treatment or recycling should be considered. Collection and treatment alternatives include. but are not limited to. retention basins, detention basins with metered controlled release. Underground Storage Tanks (USTs) and/or disposal to Publicly Owned Treatment Works (pOTW) by way ofsanitary sewer or hauling tankers. Runoff management controls that the operator determines to be reasonable and appropriate shall be implemented and maintained. The plan should consider the recovery of deicing! 􀁡􀁮􀁴􀁩􀁾􀁩􀁣􀁩􀁮􀁧􀀠materials when these materials are applied during nonprecipitation events to prevent these materials from later becoming a source of storm water contamination. The p1an shall provide a narrative explanation of the controls selected selected and the reasons for their selection. (I) Inspections-In addition to or as part of the comprehensive site evaluation required under paragraph Xl.S.3.a.(4) of this section. qualified facility personnel shall be identified to inspect designated equipment and areas of the facility specified in the plan. The inspection frequency shall be specified in the plan. but at a minimum be conducted once per week during deicing/anti-icing application periods for areas where 􀁤􀁥􀁩􀁣􀁩􀁮􀁧􀁬􀁡􀁮􀁴􀁩􀁾􀁩􀁣􀁩􀁮􀁧􀀠operations are being conducted. A set of tracking or follow-up procedures shall be used to ensure that appropriate actions are taken in response to the inspections. Records of inspections shall be maintained. The use of a checklist developed by the pollution prevention team is encouraged. (g) Pollution Prevention TrainlngPollution prevention training programs shall be developed to inform management and personnel responsible for imp1ementing activities identified in the storm water pollution prevention plan plan of the components and goals of the plan. Training should address topiCS such as spill response. good housekeeping. aircraft and runway 􀁤􀁥􀁩􀁣􀁩􀁮􀁧􀀯􀁡􀁮􀁴􀁩􀁾􀁩􀁣􀁩􀁮􀁧􀀠procedures, and material management practices. The pollution prevention plan shall identify periodic dates for such training. (h) Recordkeeping and Internal Reporting Procedures-A description of incidents (such as spillS. or other discharges). along with other information describing the quality and quantity of storm water discharges shail be included in the plan. Inspections and maintenance activities shall be documented and records shall be incorporated into the plan. (I) Non-storm Water Discharges. (I) The plan shall include a certification that the discharge points have been tested or evaluated for the presence of non-storm water discharges. The certification shall include the identification of potential significant sources of non-storm water at the site. a description of the results of any test andlor evaluation for the presence presence of non-storm water discharges, the evaluation criteria or testing method used. the date of any testing and/or evaluation. and the onsile drainage points that were directly observed during the test. Certifications shall be signed in accordance with Part Vll.G. of this permit. Such certification may not be feasible if the facility operating the storm water discharge associated with industrial activity does not have access to an outfall. manhole. or other point of 51218 Federal Reglstel Vol. 60, No. 189 /Friday. September 1995 /Notices access to the ultimate conduit which receives the discharge. In such cases, the source identification section of the storm water pollution prevention plan shall indicate why the certification required by this part was not feaSible. along with the identification of potential significant sources ofnon-storm water at the site. A discharger that is unable to provide the certification required by this paragraph must notify the Director in accordance with paragraph Xl.S.3.a. (3)(iH) (below). (ii) Except for flows from fire fighting activities, other sources of non-storm water listed in Part 1ll.A.2 (Non-slOnn Water Discharges) of this permit that are combined with storm water discharges associated with industrial 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) ofthe discharge. (iii) Failure to Certify-Any facility that is unable to provide the certification required (testing for nonstorm water discharges), must notify the DireclOr by [Insert date 270 days after pennit issuance] or. for facilities which begin to discharge storm water associated with industrial activity after Iinsert date 270 days after permit issuanceJ. 180 days after submitting a notice of intent to be covered by this permit. If the failure to certify is caused by the inability to perform adequate tests or evaluations. such notification shall describe: the procedure ofany test conducted for the presence of non-storm water discharges; the results ofsuch test or other relevant observations; potential sources of non-storm water discharges to the stonn sewer; and why adequate tests for such storm sewers were not feasible. Non-storm water discharges to waters of the United States which are not authorized by an NPDES permit are unlawful, and must be terminated. (j) Sediment and Erosion ControlThe plan shall identify areas which. due to topography. activities. or other factors. have a high potential for significantsoil erosion. and identify structural. vegetative. andior stabilization measures to be used to limit erosion, (4) Comprehensive Site Compliance Evaluation. Qualified personnel shall conduct site compliance evaluations during periods of deicing/anti-icing operations at appropriate intervals specified in the plan. but lo no case less than once a year. Such evaluations shall provide: (a) Areas contributing to a storm water discharge associated with Industrial activity shall be visually Inspected for evidence of, or the potential for. pollutants enterlog the drainage system. Measures to reduce pollutant loadings shall be evaluated to detennine whether they are adequate and properly implemented in accordance with the terms of the permit or whether additional control measures are needed. Structural storm water management measures, sediment and erosion contro1 measures, and other structural pollution prevention measures identified in the plan shal1 be observed to ensure that they are operating correctly. A visual inspection ofequipment needed to implement the plan. such as spill response equipment. shall be made. (b) Based on the results of the evaluation. the description of potential pollutant sources identified in the plan lo accordance with paragraph Xl.S.3.a.(2) of this section (Description of Potential Pollutant Sources) and pollution prevention measures and controls identified in the pian in accordance with paragraph XI.S.3.a.(3) of this section (Measures and Controls) shall be revised as appropriate within 2 weeks of such evaluation and shall provide for implementation of any changes to the plan in a timely manner. but in no case more than 12 weeks after the evaluation. (e) A report summarizing the scope of the evaluation. personnel making the evaluation. the date(s) of the evaluation. major observations relating to the implementation of the stann water pollution prevention plan. and actions taken lo accordance with paragraph XI.S,3.a,(4)(b) (above) of the pennit shall be made and retained as part of the storm water pollution prevention plan for at least 3 years from the date of the evaluation. The report shall identify any incidents of noncompliance. Where a report does not identilY 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 VIl.G. (Signatory Requirements) of this permit. (d) Where compliance evaluation schedules overlap with lospections required under 3.a.(3)(1). the compliance evaluation may be conducted in place of one such inspection, 4. Numeric Effluent Limitations There are no additional numeric effluent limitations beyond those in Part V.B ofthis permit, 5. Monitoring and Reportlog Requirements a. During the period beginning on the effective date and lasting through the expiration date of this permit. (airports that use more than 100.000 gallons of glycol-based deicing/anti-iclog) chemicals and/or 100 tons or more of urea on an average annual basis): (1) Shall prepare estimates for annual pollutant loadings resulting from discharges of spent deicing/anti-icing chemicals from the entire airport. The loading estimates shall reflect the amounts of 􀁤􀁥􀁪􀁣􀁩􀁮􀁧􀀯􀁡􀁮􀁴􀁩􀁾􀁩􀁣􀁩􀁮􀁧􀀠chemicals discharged to separate storm sewer systems or surface waters. prior to and after implementation of the facility's storm water pollution prevention plan. Such estimates shall be reviewed by an environmental professional, and certified by such professionaL By means of the certification, the environmental professional. having examined the facility's 􀁤􀁥􀁩􀁣􀁩􀁮􀁧􀀯􀁡􀁮􀁴􀁩􀁾􀁩􀁣􀁩􀁮􀁧􀀠procedures, and proposed control measures described in the storm water pollution prevention pJan. shall attest that the loading estimates have been accurately prepared. Certified loading estimates are to be retained at the airport facility and attached to the storm water pollution prevention plan. b. Ani!!lytlci!!l Monitoring Requirements. During the period beginning [insert date 1 year after parmit issuancellastlog through linsert date 2 years after permit issuance] and the period beginning [losert date 3 years after permit issuance] lasting through [insert date 4 years after permit issuance1, airports that use more than 100.000 gallons ofglycol-based deicing/anti-icing chemicals and/or 100 tons or more of urea on an average annual basis shall monitor outfalls from the airport facility that collect runoff from areas where deicing/anti icing activities occur. except as provided in paragraph 5.a.(3) (Sampling Waiver). Airports which are subject to these monitoring requirements must sample their stonn water discharges for the parameters listed in Table S-I below. Such facilities must report in accordance with 5.b. (Reporting). In addition to the parameters listed in Table S-i below. the permittee shall provide the date and duration (lo hours) of the precipitation event(s) sampled; measurements or estlmates (in inches) of the precipitation event that generated the sampled runoff; the duration between the event sampled and the end of the previous measurable (greater than 0.1 inch rainfall) event; and an estimate of the total volume (in gaUons) of the discharge sampled. Federal Registel VoL 60. No. 189 /Friday. September , 1995 /Notices 51219 TABu,5-1.-MONITORING REQUIREMENTS Pollutants of concem Monitoring cutoff concentratlon Biochemical Oxygen Demand (BODs). Chemical Oxygen Demand (COD). Ammonia ....." ......... " ........ . pH ..................................... . 30 mg/L 120 mglL 19 mg/L 6.0 to 9 s,u. For the purposes of today's fInal permit. the "average annual" usage rate ofdeicingiantHcing chemicals is determined by averaging the cumulative amount of deicing/anti-icing chemicals used by all operators at the airport facility in the 3 previous calendar years. (I) Monitoring Periods. Airports where more than 100,000 gallons of glycol-based deicing/anti-icing chemicals and/or 100 tOnS Or more of mea are used on an average annual basis shall monitor outfalls from the facility that col1ect runoff from areas where deicingiantHcing activities occur four times peryear during the months of December. January. and February when deicing/antiwicing activities are occurring, in in the years specified in paragraph b. (above). (2) Sample Type. A minimum of one grab sample and one flow-weighted composite sample shall be taken from each outfall that collects runoff from areas where deicing/anti-icing activities occur. All such samples shall be collected from a discharge resulting from a precipitation event that is greater than D. I inches In magnitude and that occurs at least 72 hours from the previously measurable (greater than D. I inch rainfall) precipitation event. The required 72-hour storm event interval is waived where the preceding measurable storm event did not result in a measurable discharge from the facility. The required 72-hour storm event interval may also be waived where the permittee documents that less than a 72hour interval is representative for local storm events during the season when sampling is being conducted_ The grab sample should be taken when pollutant concentrations in the storm water/melt water discharges from deicing/anti-icing operations are expected to to be at a maximum. The recommended methodology for performing grab and flow-weighted composite sampling is described at 40 CFR 122.21(g)(7). The permittee has the option to submit sitespecific deiCing/anti-icing discharge monitoring protocol and methodology, better suited to the particular facility, to the Director for approval. (3) Sampling Waiver. (a) Adverse CondWons-Adverse weather conditions that may prohibit the collection ofsamples include weather conditions that create dangerous conditions for personnel (such as high winds, blizzard conditions, ice storms, etc,) or otherwise make the collection ofa sample impracticable (extended frozen conditions, etc.). (b) Low Concentration Waiver-When the average concentration for a parameter calculated from all grab samples callected during the monitoring period [insert date I year after permit !ssuance] lasting through [insert date 2 years after permit issuance] is less than the corresponding value for that parameter listed in Table S-I under the column Monitoring Cut-off ConcentraUon. a facility may waive monitoring and reporting reqUirements in the monitoring period beginning [insert date 3 years after permit issuance] lasting through [insert date 4 years after permit issuance]. The facility must submit to the Director. in lieu of the monitoring data, a certification that there has not been a Significant change in industrial activity or the pollution prevention measures in area of the f.clIity which drains to the outfall for which sampling was waived. (c) When a discharger is unable to conduct quarterly chemical stonn water sampling at an inactive and unstaffed site. the operator oflhe facility may exercise a waiver of the monitoring reqUirements as long as the facility remains inactive and unstaffed. The facility must submit to the Director, in lieu of monitoring data. a certification statement on the DMR stating that the site is inactive and unstaffed so that collecting a sample during a qUalil'ying event is not possible. (4) Representative Dlscharge_ When a facility has two or more outfalls that, based on a consideration ofindustrial activity. significant materials, and management practices and activities within the area drained by the outfall, the permittee reasonably believes discharge substantially identical effluents, the permittee may test the effluent of one ofsuch outfalls and report that the quantitative data also applies to the substantially identical outfall(s) provided that the permittee inc1ude..<; in the storm water pollution prevention plan a description of the location of the outfalls and explains in detail why the outfalls are expected to disCharge substantially identical effluents. In addition. for each outfall that the permittee believes is representative, an estimate of the size of the drainage area (in square feet) and an estimate of the runoffcoefficient of the drainage area [e.g .. low (under 40 percent). medium (40 to 65 percent), Or high (above 65 percent)] shall be provided in the plan. The permittee shall include the description of the the location ofthe outfalls, explanation of why outfalls are expected to discharge substantially identical effluents, and estimate of the size of the drainage area and runoff coefficient with the Discharge Monitoring Report. (5) Alternative Certiflcation. The Alternative Certification provision discussed in other sections of Part Xl is not applicable to discharges included under Part XI.S. (Storm Water Discharges Associated with Industrial Activity from Vehicle Maintenance Areas. Equipment Cleaning Areas, or Deicing!Anti-icing Areas Located at Air Transportation Facilities). (c) Reporting. Airports identified in Part XIS.5.6 shall submit monitoring results obtained during the reporting period beginning [insert date I year after permit issuance] lasting through [insert date 2 years after permit issuance] on Discharge Monitoring Report Form(s) postmarked no later than the 31st day of March [insert the date 2 years after permit issuance1. Monitoring results obtained during the period beginning [insert date 3 years after permit issuance] lasting through [insert date 4 years after permit issuance] shall be submitted on Discharge Monitoring Report Form(s) postmarked no later than the 31st day of March [insert date 4 years after permitl..uance], A separate Discharge Monitoring Report Form is required for each sampling period. For each outfall, one signed Discharge Monitoring Report form must be submitted to the Director per storm event sampled. Signed copies of Discharge Monitoring Reports, or waiver. shall be submitted to the Direcror of the NPDES program at the address of the appropriate Regional Office listed in Part VI.G. of the fact sheet. (I) Additional Notiflcation. In addition to filing copies of discharge monitoring reports in accordance with paragraph cb (above), facilities identified in Part XI's_5.6 that discharge storm water to a large or medium municipal separate storm sewer system (systems serving a population of 100,000 or more) must submit signed copies ofdischarge monitoring reports to the operator of the municipal separate storm sewer system in accordance with the dates provided in paragraph bc (above). Federal Registel Vol. 60, No. 189 /Friday, September . 1995 /Notices 51265 THIS FORM REPlACES PREVIOUS FORM 3610-6 (6-92) Form AppoI/ad. ou.'Na._ , 5•• _ for Ina\rucIIona AfIPWIIl..--1-31-81 NPDES &EPA U_S_EnvIrorvroor«a P'-Agency. WahingIDn. DC 20460 FORM Notice of Intent (NOI) for stonn Water DlaCha'U..Associated with industrial ActMty Under a "PDeS GeriaraJ Pennlt 􀁾􀁵􀁢􀁭􀁬..lon of this Nodoo of Intont oorurtibJtaf, notloo thin the party Identffled In Section II of thtI: form Intend. to bti 8Uthorl,ud by • NPDES permit ISBUed fOJ storm wilt" d-.chlrgn: ...ocfllted'wlth Inclultrlal activity In the Stat. identified In SltCtion JU of thla form. Beoorning II permittee'obligotes such dlsch,tglu to GOmpiy with the wnna and conditions of the permit. All NECESSARY INFORMAT10N MUST BE'PROVIDED ON THIS FORM. I. Permit Selection: You IIMISt Indloate the NPDES Storm Water genenil permit under"whloh you .re" epj)lyh'lil for covweg.. Check OnD of thne. Il00..... 0 l1000ii... D MMti-5ecrtor DIndulltriel Co....􀁴􀁲􀁵􀁣􀁴􀁬􀁣􀁾􀂷􀀠. (Group P.imitt II. Fllcility Operator Infol1'ft8tion Nllme: I , , , , , , , , , , , , , , , , , , , , , , , , , , , , I Phone:! , I I , , I , , , I Addreaa: I , , , , , , , , , , , , , , , , , , , , , , , , , , , , , "' , I Statu. of D 0.wner/Operator: City, I , , , , , , , , , , , , , , , , , , , I , I S....,W ZIP Coda: I , , , , ,-, , , , I III. FecilitylSlte Location Namll: I , , , , , , , , , , , , , , , , , , , , , , , , , , , , , I I. the f.aiJity looated on DIndian Landl'1 rv or N) Addres.: I , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , I City: I , , , , , , , , , , , , , , , , , , , , , , I State: W ZIP Code: I I , , , , . I I , , I Latitude: I I I I I I I Longftudll:1 I I I I I I I aua"."W S.odon:W T_Ip: I , , , I Range: I I I I I IV. Site Acdvity Inform.don MS4 Op.,ator Name: I , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , I RoceMng Wllte, Bpdy: I , , , , , , , , , , , , , , , , , , , , , , , I " you IIrll filing •• II' Co-pormittll8. MuJtI-S.p.or Ptnnft Ptnnft AMI!;'"" gnly" anter .tOlm willter gllner. penni! number: I , , , , , , , , I a-d on th4I inl:llUationil provided In Addend!Jm H of the Muld-S.ator permit;. ere eped•• kI.ntifiitd in SIC or 􀁄􀁴􀁉􀁾􀁍􀁴􀁥􀁤􀀠I I 2nd, I I Addendll,lll H in proximity 10 ttl. starm water dIlfCharglll Aotivity C 0: Primlry: , , , , , , to be ooYered und., thie: ponnit.. or the ereas of BP.1P 0cOMbuotion to control tho.. norm wider eliacharges? 0 (Y or NI ,_ the facility required to submit monitoring data? (1. 2, 3, or 4) Will oonetnlatian (lend dhrbublng aotivitie.},be DIf YOLI Have Another Existing NPOES I I conduoled for ltarm wllter oontroll? (Y or N) Permit, Enter Permit Number: , , , , , , , , 0I, epplJcMt djrKt to and In compliance with • wl'ftt.n 􀁨􀁩􀁬􀁴􀁏􀁲􀁩􀁏􀀧􀁩􀁖􀁉􀁩􀁕􀁾􀁮􀀭􀀮􀁡􀁲••ment7 (Y or NI V. Addrdonallnforma1;lon Raqulred for Conetruotion AotiYiti.. OniV .ProJaCIt Stwt Date: Completion Dllte: I. the Slonn Water Pollution Prevention I I I I I I I I E,tirMtMf ArNi to be I I Aln In 􀁣􀁯􀁭􀁰􀁈􀁡􀁾􀀠wllh 􀁾􀁴􀁡􀁴􀁥􀀠Ind/or local D, , , , I I Di'IUrb.d"􀁾􀁮􀀠Alire.): , , , , , .ed1mem and ero.on phma? (Y or N) VI. Certlfioation: The ·clrtifip,don IltaterlMnt in Box 1 􀁾􀁉􀁥􀁳to.lll:7:o.nta.. The clrtificcdoh Itlltement In 80)[ 2. IIPPU..m·to eoIIftie. eppiyIng far the MJltl-Slctor Itorm wlter ganenll pennlt. BOX 1 lOX 2 .ALL APPLICANTS, MUlTWIECTOR IITORM WATER GENERAL PERMIT APPUCANTS ONLY: I certify under penalty of law that thll I oinllfy under penllty of lew that I have JMd and undentand the Part 1.8. DllgIbIlfty 􀁾􀁉􀁮􀁭􀁬􀁮􀁴􀁡􀀠dooument and ell lIttaohm.nt. we", for oow.-.ge under the MuhI-5.ctor atorm willer gerwnl permh. Inoh,Idlng the" requiremenbl prepered under mv dlllodon or luplrv\8Jon relating to the proteotion of epecI.. kientHiecf in 􀁾􀁉􀁮􀁤􀁵􀁭􀀠H. In 􀁡􀁣􀁣􀁯􀁲􀁤􀁬􀁾􀀠with I lyatam··delignDd to To the belt of my knowtedge, tte dieoh.rgee oow'" under thla permit, .lind cOIW:tr.!0n of..eure that quellfled. pe,.oMei property gatMr IIlJ1d evalultl the Informstfon BMPa to oontrolltorm we... nln-nln-aff, ... nat Kbty to M'Id wDI nat Ukltv ad"'-lY ecrt any aubmlttecf. s.l.d on mv 1......lry of the epeoJM identifled In Addenckm H of the MuItI-Seotor ltorm watar general permit or .,. peraon ar PI,aOnli who. mlqge· the 􀁾􀁴􀁢􀁊􀁲􀁷􀀧􀀢􀀠1Ig1b11 for OOVInIQIl due to pnWluI mrthoriz.ltlon undlr the End&ngerecf SplO'l .. Act. syatBm, or tho.. PII'IOM directly To the basi of my !tnowt.:lge, t further certify that wGh dllOhergel, end conItrUcdon of BMPI to􀁲􀁥􀁳􀁰􀁯􀁮􀁬􀁩􀁾􀁥􀀠for Gathering the Informetion, the Informadon IUbmitted ·1., to the beat oonUOllffOrm watBr run-ofl', do nat have en effect: on propertie8 􀁾􀁡􀁴􀁥􀁤􀀠or ellgib40 for Kring o.n 􀁾􀀠of my knowledge and benet. true, National Regllter of Hmmo PlIICd under the Natlonil HJatorio p,eMrWtIon AI:It. or enl otMlWJee accuratl, I&Ild complete•. I ..... aware thet eHQibII for GaWI1g8 dua to a preYioua qteernent unci., the Nstlol'Will-htoric Pr ...rv8don Act. there IIlr8 IIgntf.loant plnehiea for I undernand that oontiooecf OOW,.g1 und-lr the Multl-Seotor genenl( Plrmlt II oontingent upon Bubmltting fal.. Information, ·Indvdlng the 􀁾􀁯..lbl11ry of flne ·and lmprllonrnent for meintalnlng elIgibility as proWled fOr In Part 1.8. nowing violationl. Print 􀁾􀁥􀁭􀁥􀀺􀀠I , , , , , , , , , , , , , , , , , , , , , , , , , , , , ," I . Dete: I , I , I , I "0 EPA Form 3510-$ (8-ge) SEN!' BY: VIII. The Intermodal Surface Transportation Efficiency Act of 1991 ITran,portltion Actl 4-15-S8; 13:23; Reg 6 Water SWPrLY 􀁾􀀠1172 456 2834;# 21 3 89. How did the TranSportation Act afflict permitting requirements for munlcipalitie$ under 1QO.0007 A. S10rm water discharges from certain industrial activities owned or operated I, by municipalities wIth II population of less then 100.000 people were • granted e moratorium from the October 1,1992 deadline for storm water pennit applications. Exceptions to this mQratorlum include discharges from powerplanta, airports and uncontrolled sanitary lendfills. 90. How does the Transportation Act Impact privately owned or operated Industrl.lll aetillltias Ioeated In municipalitlas under 100.0001 A. The prollisions of the Transportation Act speciflcallv address publicly owned or operated industrlaillctivities. Privately owned facilities that helle storm water discharges associated with Industrial actlllity. u defined at 40 CFR 122.2SlbIl141. must submit a permit application regardless of the size of the population of the municipality in which they are located, 91. What Is an 􀁾􀁵􀁮􀁣􀁯􀁮􀁴􀁲􀁯􀁬􀁬􀁥􀁤􀀠sanitary landflll?A. An uncontrolled sanitary landfill (discussed In the 412/92 Federal Register. page 11410) Is a landfHI or open dump. whether in oP«lration or closed. that does not satisfy the runon/runoff requil'l.nnents established pursuant to subtitle D of the Solid Waste Disposal Act. However, landfills closed prior to October 9. 1991 arB not subject to F1CRA runon/runoffrequirements. and there10re need not submit storm water p8l'tnit applications if they are located in munlc/palltla. of Iftss than 100,000 population. LandfiUs closed after October 9. 1991 and others that meet the above definition would be subject to the storm warer permit app"cation requirements. 92.. If a municlpilly-ownad sewage 􀁕􀀧􀁥􀁾􀁴􀁭􀁥􀁮􀁴􀀠pflln.1s located in a municipality with a population of Iu1than 100,000 people, but the service population is greater than '00,000 paople, is the facility subject to the permitting requirements? • A. Yes. becausa service populations are used In determining population for publiclv-owned treatment works [POTWsIIApril 2, 1992 feder,1 Register page 113941. Additionally. where one sewer distriCt operates a number of POTWa. the entire service population of the dIstrict will b4-used to determine the applicable population classification of atl the P01Ws operated by the diStrict. Far example. If a district with a cumulative 31 SENT BY: 93. A. IX. 94. A. IX. 95. A. 4-15-36; 13:23; Reg 6 Water SuPPLY 􀁾􀀠fi72 450 2634;# 31 3 service "opulation of 160,000 operates two sewage treatment plants, one of which serves 120,000 and the other which serves 40.000. bOlh plants. will be considered to be owned or operated by a municipality with II population ot 100,000 or more. If II construction operation disturbing five or more acres is owned by a small municipality la population of!UJ than 100.000 peopla,but operated by -8 privata contractor. is the activity regulated? j.• No. If the construction activity is either owned or operated by a municipality with a population of less than 100.000 it would not be required to obtain a storm WIIter permit during Phase I of the storm water program. Some States. however. may requirfll thllt an application be submitted. . 9th Circuit U.S. Court of Appeals Decision What Is the CUffint status of light manufacturing facilities without exposure and eonstruction activiti.. undflr five sores, pUl'luanr to the 9th Circuit Court decision? The 9th Circuit Cault decision remanded two "exemptions· provided in the NPOeS storm water permit application regulations for light manufacturing tacilities without exposure and construction activities under five acres (11116/90 F§d9ral Register page 48066). Both exemptions were remanded for further proceedings. In response to these two remands. the Agency intends to conduct further rulemakings on both the light manufacturing and construction activities under five acres. tn the December 18, 1992, federal Register, the Agency stated that it Is 1l9l regui[iOQ permit applications from construction activity under five acres or light industry without el(posure until this further rulemaking is completed. Pha.. II of the Storm Water Program What IS the ditfenmce batweell Phasa I and Phase II of ths NPDES slorm water prGgram7 In the Water Quality Act of t 987, CongreliS mandated that EPA establish storm water control progr .. ms in two ph