Attachment_to_Amendment_0002.pdf

Multi-Sector General Permit (MSGP)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA)

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)

MULTI-SECTOR GENERAL PERMIT FOR STORMWATER DISCHARGES

ASSOCIATED WITH INDUSTRIAL ACTIVITY (MSGP)

In compliance with the provisions of the Clean Water Act (CWA), as amended (33 U.S.C. 1251 et seq.), operators of stormwater discharges associated with industrial activity located in an area identified in Appendix C where EPA is the permitting authority are authorized to discharge to waters of the United States in accordance with the eligibility and Notice of Intent (NOI) requirements, effluent limitations, inspection requirements, and other conditions set forth in this permit. This permit is structured as follows:

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

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

• Specific requirements that apply in individual states and Indian country are found in Part 9.

The Appendices (A through P) contain additional permit conditions that apply to all operators covered under this permit.

This permit becomes effective on June 4, 2015. For areas in the State of Washington (except for Indian country) subject to industrial activity by a Federal Operator, this permit becomes effective on July 21, 2015. For the State of Idaho (except for Indian country), and for industrial activities on Spokane Tribe of Indians lands, this permit becomes effective August 12, 2015.

This permit and the authorization to discharge shall expire at midnight, June 4, 2020.

Signed and issued this 4th day of June, 2015 Signed and issued this 4th day of June, 2015

Deborah Szaro Acting Regional Administrator, EPA Region 1

Karen Flournoy Director, Water, Wetlands, and Pesticides Division, EPA Region 7

Signed and issued this 4th day of June, 2015 Signed and issued this 4th day of June, 2015

José C. Font Director, Caribbean Environmental Protection Division, EPA Region 2

Darcy O’Connor Acting Assistant Regional Administrator, EPA Region 8

Signed and issued this 4th day of June, 2015 Signed and issued this 4th day of June, 2015

Jon. M Capacasa Water Protection Division, EPA Region 3

Nancy Woo Acting Director, Water Division, EPA Region 9

Signed and issued this 4th day of June, 2015 Signed and issued this 4th day of June, 21st day of July, and 12th day of August, 2015

Tinka G. Hyde Director, Water Division, EPA Region 5

Daniel D. Opalski Director, Office of Water and Watersheds, EPA Region 10

Signed and issued this 4th day of June, 2015

William K. Honker Director, Water Quality Protection Division, EPA Region 6

NPDES MULTI-SECTOR GENERAL PERMIT FOR STORMWATER

DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY

TABLE OF CONTENTS

1. Coverage Under this Permit

1.1 Eligibility

1.1.1 Facilities Covered

1.1.2 Allowable Stormwater Discharges

1.1.2.1 Stormwater discharges associated with industrial activity for any primary industrial activities and co-located industrial activities, as defined in Appendix A, except for any stormwater discharges specifically prohibited in Part 8;

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

1.1.2.3 Discharges that are not otherwise required to obtain NPDES permit authorization but are mixed with discharges that are authorized under this permit; and

1.1.2.4 Stormwater discharges from facilities subject to any of the national stormwater-specific effluent limitations guidelines listed in Table 1-1

1.1.3 Allowable Non-Stormwater Discharges

1.1.3.1 Allowable Non-Stormwater Discharges for all Sectors of Industrial Activity:

1.1.3.2 Additional Allowable Non-Stormwater Discharge for Sector A:

1.1.3.3 Additional Allowable Non-Stormwater Discharges for Earth-Disturbing

Activities Conducted Prior to Active Mining Activities for Sectors G, H and J:

1.1.4 Limitations on Coverage

1.1.4.1 For Discharges Mixed with Non-Stormwater

1.1.4.2 For Stormwater Discharges Associated with Construction Activity

1.1.4.3 For Discharges Currently or Previously Covered by Another Permit

1.1.4.4 For Stormwater Discharges Subject to Effluent Limitations Guidelines

1.1.4.5 Endangered and Threatened Species and Critical Habitat Protection

1.1.4.6 Historic Properties Preservation

1.1.4.7 Eligibility for New Dischargers and New Sources: Based on Water Quality

Standards

1.1.4.8 Eligibility for New Dischargers and New Sources to Water-Quality Impaired

Waters

1.1.4.9 Eligibility for New Dischargers and New Sources to Waters with High Water

Quality

1.1.4.10 For Discharges to a Federal CERCLA Site

1.2 Authorization Under this Permit

1.2.1 How to Obtain Authorization

1.2.1.1 Submitting Your NOI

1.2.1.2 How to Submit Your NOI

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

1.2.2 Continuation of Coverage for Existing Permittees After the Permit Expires

1.2.3 Coverage Under Alternative Permits

1.2.3.1 Denial of Coverage for New or Previously Unpermitted Facilities

1.2.3.2 Loss of Authorization Under the 2015 MSGP for Existing Permitted Facilities

1.2.3.3 Operator Requesting Coverage Under an Alternative Permit

1.3 Terminating Coverage

1.3.1 Submitting a Notice of Termination (NOT)

1.3.2 How to Submit Your NOT

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1.3.3 When to Submit Your NOT

1.4 Conditional Exclusion for No Exposure

1.5 Permit Compliance

1.6 Severability

2. Control Measures and Effluent Limits

2.1 Control Measures

2.1.1 Control Measure Selection and Design Considerations

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

2.1.2.1 Minimize Exposure

2.1.2.2 Good Housekeeping

2.1.2.3 Maintenance

2.1.2.4 Spill Prevention and Response

2.1.2.5 Erosion and Sediment Controls

2.1.2.6 Management of Runoff

2.1.2.7 Salt Storage Piles or Piles Containing Salt

2.1.2.8 Employee Training

2.1.2.9 Non-Stormwater Discharges

2.1.2.10 Dust Generation and Vehicle Tracking of Industrial Materials

2.1.3 Numeric Effluent Limitations Based on Effluent Limitations Guidelines

2.2 Water Quality-Based Effluent Limitations

2.2.1 Water Quality Standards

2.2.2 Discharges to Water Quality-Impaired Waters

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

TMDL

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

Established TMDL

2.2.2.3 New Discharger or New Source to an Impaired Water

2.2.3 Tier 2 Antidegradation Requirements for New Dischargers, New Sources, or Increased

Discharges

2.3 Requirements Relating to Endangered Species, Historic Properties, and Federal CERCLA

Sites

3. Inspections

3.1 Routine Facility Inspections

3.1.1 Exceptions to Routine Facility Inspections for Inactive and Unstaffed Sites

3.1.2 Routine Facility Inspection Documentation

3.2 Quarterly Visual Assessment of Stormwater Discharges

3.2.1 Quarterly Visual Assessment Procedures

3.2.2 Quarterly Visual Assessment Documentation

3.2.3 Exceptions to Quarterly Visual Assessments

4. Corrective Actions

4.1 Conditions Requiring SWPPP Review and Revision to Ensure Effluent Limits are Met

4.2 Conditions Requiring SWPPP Review to Determine if Modifications Are Necessary

4.3 Corrective Actions and Deadlines

4.3.1 Immediate Actions

4.3.2 Subsequent Actions

4.4 Corrective Action Documentation

4.5 Effect of Corrective Action

4.6 Substantially Identical Outfalls

5. Stormwater Pollution Prevention Plan (SWPPP)

5.1 Person(s) Responsible for SWPPP Preparation

5.2 Contents of Your SWPPP

5.2.1 Stormwater Pollution Prevention Team

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5.2.2 Site Description

5.2.3 Summary of Potential Pollutant Sources

5.2.3.1 Activities in the Area

5.2.3.2 Pollutants

5.2.3.3 Spills and Leaks

5.2.3.4 Unauthorized Non-Stormwater Discharges

5.2.3.5 Salt Storage

5.2.3.6 Sampling Data

5.2.4 Description of Control Measures to Meet Technology-Based and Water Quality-Based

Effluent Limits

5.2.5 Schedules and Procedures

5.2.5.1 Pertaining to Control Measures Used to Comply with the Effluent Limits in Part 2. . 34

5.2.5.2 Pertaining to Inspections and Assessments

5.2.5.3 Pertaining to Monitoring

5.2.6 Documentation to Support Eligibility Considerations Under Other Federal Laws

5.2.6.1 Documentation Regarding Endangered and Threatened Species and Critical

Habitat Protection

5.2.6.2 Documentation Regarding Historic Properties

5.2.7 Signature Requirements

5.3 Required SWPPP Modifications

5.4 SWPPP Availability

5.4.1 SWPPP Posting on the Internet

5.4.2 SWPPP Information Provided on NOI Form

5.5 Additional Documentation Requirements

6. Monitoring

6.1 Monitoring Procedures

6.1.1 Monitored Outfalls

6.1.2 Commingled Discharges

6.1.3 Measurable Storm Events

6.1.4 Sample Type

6.1.5 Adverse Weather Conditions

6.1.6 Climates with Irregular Stormwater Runoff

6.1.7 Monitoring Periods

6.1.8 Monitoring for Allowable Non-Stormwater Discharges

6.1.9 Monitoring Reports

6.2 Required Monitoring

6.2.1 Benchmark Monitoring

6.2.1.1 Applicability of Benchmark Monitoring

6.2.1.2 Benchmark Monitoring Schedule

6.2.1.3 Exception for Inactive and Unstaffed Sites

6.2.2 Effluent Limitations Monitoring

6.2.2.1 Monitoring Based on Effluent Limitations Guidelines

6.2.2.2 Substantially Identical Outfalls

6.2.2.3 Follow-up Actions if Discharge Exceeds Numeric Effluent Limitation

6.2.3 State or Tribal Monitoring Provisions

6.2.3.1 Sectors Required to Conduct State or Tribal Monitoring

6.2.3.2 State or Tribal Monitoring Schedule

6.2.4 Discharges to Impaired Waters Monitoring

6.2.4.1 Permittees Required to Monitor Discharges to Impaired Waters

6.2.4.2 Exception for Inactive and Unstaffed Sites

6.2.5 Additional Monitoring Required by EPA

7. Reporting and Recordkeeping

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7.1 Electronic Reporting Requirement

7.2 Submitting Information to EPA

7.3 Additional SWPPP Information Required in Your NOI

7.4 Reporting Monitoring Data to EPA

7.5 Annual Report

7.6 Exceedance Report for Numeric Effluent Limitations

7.7 Additional Reporting

7.8 Recordkeeping

7.9 Addresses for Reports

7.9.1 EPA Addresses

7.9.1.1 Region 1: Connecticut, Massachusetts, and New Hampshire, Rhode Island, Vermont

7.9.1.2 Region 2: New Jersey, New York, Puerto Rico, and Virgin Islands

7.9.1.3 Region 3: Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia

7.9.1.4 Region 4: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee

7.9.1.5 Region 5: Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin

7.9.1.6 Region 6: Arkansas, Louisiana, Oklahoma, Texas, and New Mexico (except see Region 9 for Navajo lands, and see Region 8 for Ute Mountain Reservation lands)

7.9.1.7 Region 7: Iowa, Kansas, Missouri, Nebraska

7.9.1.8 Region 8: Colorado, Montana, North Dakota, South Dakota, Wyoming, Utah

(except see Region 9 for Goshute Reservation and Navajo Reservation lands), the Ute Mountain Reservation in New Mexico, and the Pine Ridge Reservation in Nebraska

7.9.1.9 Region 9: Arizona, California, Hawaii, Nevada, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Goshute Reservation in Utah and Nevada, the Navajo Reservation in Utah, New Mexico, and Arizona, the Duck Valley Reservation in Idaho, Fort McDermitt Reservation in Oregon

7.9.1.10 Region 10: Alaska, Idaho, Oregon (except see Region 9 for Fort McDermitt Reservation), Washington

7.9.2 State and Tribal Addresses

8. Sector Specific Requirements

8A. Sector A: Timber Products 8B. Sector B: Paper and Allied Products 8C. Sector C: Chemicals and Allied Products Manufacturing 8D. Sector D: Asphalt Paving and Roofing Materials and Lubricant Manufacturing 8E. Sector E: Glass, Clay, Cement, Concrete, and Gypsum Products 8F. Sector F: Primary Metals 8G. Sector G: Metal Mining (Ore Mining and Dressing) 8H. Sector H: Coal Mines and Coal Mining-Related Facilities 8I. Sector I: Oil and Gas Extraction and Refining 8J. Sector J: Mineral Mining and Dressing 8K. Sector K: Hazardous Waste Treatment, Storage, or Disposal Facilities 8L. Sector L: Landfills, Land Application Sites, and Open Dumps 8M. Sector M: Automobile Salvage Yards 8N. Sector N: Scrap Recycling Facilities 8O. Sector O: Steam Electric Generating Facilities 8P. Sector P: Land Transportation and Warehousing 8Q. Sector Q: Water Transportation 8R. Sector R: Ship and Boat Building and Repairing Yards

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8S. Sector S: Air Transportation Facilities

8T. Sector T: Treatment Works 8U. Sector U: Food and Kindred Products 8V. Sector V: Textile Mills, Apparel, and Other Fabric Product Manufacturing; Leather and

Leather Products 8W. Sector W: Furniture and Fixtures 8X. Sector X: Printing and Publishing 8Y. Sector Y: Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing

Industries 8Z. Sector Z: Leather Tanning and Finishing 8AA. Sector AA: Fabricated Metal Products 8AB. Sector AB: Transportation Equipment, Industrial or Commercial Machinery 8AC. Sector AC: Electronic, Electrical, Photographic, and Optical Goods 8AD. Sector AD: Non-Classified Facilities ……………………………………………………………….169

9. State/Tribal Specific Requirements Appendix A Definitions and Acronyms ............................................................................................ A-1 Appendix B Standard Permit Conditions ..........................................................................................B-1 Appendix C Areas Covered .............................................................................................................. C-1 Appendix D Activities Covered ........................................................................................................ D-1 Appendix E Procedures relating to Endangered Species.............................................................. E-1 Appendix F National Historic Preservation Act Procedures........................................................... F-1 Appendix G Notice of Intent.............................................................................................................. G-1 Appendix H Notice of Termination ................................................................................................... H-1 Appendix I Annual Reporting Form .................................................................................................. I-1 Appendix J Calculating Hardness in Receiving Waters for Hardness Dependent Metals ......... J-1 Appendix K No Exposure Certification ............................................................................................ K-1 Appendix L List of Tier 3, Tier 2, and Tier 2.5 Waters ........................................................................ L-1 Appendix M Discharge Monitoring Report (DMR) Form ................................................................ M-1 Appendix N List of SIC and NAICS Codes ........................................................................................ N-1 Appendix O Summary of Permit Reports and Submittals ............................................................... O-1 Appendix P List of Federal CERCLA Sites .......................................................................................... P-1

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1. Coverage Under this Permit.

1.1 Eligibility.

1.1.1 Facilities Covered.

To be eligible to discharge under this permit, you must (1) have an allowable stormwater discharge or an allowable non-stormwater discharge associated with industrial activity from your primary industrial activity, as defined in Appendix A, provided your primary industrial activity is included in Appendix D, or (2) be notified by EPA that you are eligible for coverage under Sector AD of this permit. Your facility must also be located in an area where EPA is the permitting authority (see Appendix C).

1.1.2 Allowable Stormwater Discharges.

Unless otherwise made ineligible under Part 1.1.4, the following discharges are eligible for coverage under this permit:

1.1.2.1 Stormwater discharges associated with industrial activity for any primary industrial activities and co-located industrial activities, as defined in Appendix A, except for any stormwater discharges specifically prohibited in Part 8;

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

1.1.2.3 Discharges that are not otherwise required to obtain NPDES permit authorization but are mixed with discharges that are authorized under this permit; and

1.1.2.4 Stormwater discharges from facilities subject to any of the national stormwater-specific effluent limitations guidelines listed in Table 1-1.

Table 1-1. Stormwater-Specific Effluent Limitations Guidelines

Regulated Discharge

40 CFR

Section

MSGP

Sector

New Source Performance Standard (NSPS)

New Source Date

Discharges resulting from spray down or intentional wetting of logs at wet deck storage areas

Part 429, Subpart I

A Yes 1/26/81

Runoff from phosphate fertilizer manufacturing facilities that comes into contact with any raw materials, finished product, by-products or waste products (SIC 2874)

Part 418, Subpart A

C Yes 4/8/74

Runoff from asphalt emulsion facilities Part 443, Subpart A

D Yes 7/28/75

Runoff from material storage piles at cement manufacturing facilities

Part 411, Subpart C

E Yes 2/20/74

Mine dewatering discharges at crushed stone, construction sand and gravel, or industrial sand mining facilities

Part 436, Subparts B, C, and D

J No N/A

Runoff from hazardous waste and non-hazardous waste landfills

Part 445, Subparts A and B

K, L Yes 2/2/00

Runoff from coal storage piles at steam electric generating facilities

Part 423 O Yes 11/19/82 (10/8/74)1

1 NSPS promulgated in 1974 were not removed via the 1982 regulation; therefore wastewaters generated by Part 423-applicable sources that were New Sources under the 1974 regulations are subject to the 1974 NSPS.

Regulated Discharge

40 CFR

Section

MSGP

Sector

New Source Performance Standard (NSPS)

New Source Date

Runoff containing urea from airfield pavement deicing at existing and new primary airports with 1,000 or more annual non-propeller aircraft departures

Part 449 S Yes 6/15/12

1.1.3 Allowable Non-Stormwater Discharges.

Below in Part 1.1.3.1 are the only non-stormwater discharges authorized under this permit for all sectors provided that all discharges comply with the effluent limits set forth in Parts 2 and 8. In addition to the authorized non-stormwater discharges in Part 1.1.3.1 applicable to all sectors, for Sector A, there is an additional non-stormwater discharge in Part 1.1.3.2 below, and for the mining sectors (Sectors G, H, and J), there are additional authorized non-stormwater discharges in Part 1.1.3.3 below. The additional allowable non-stormwater discharges for Sectors G, H, and J apply only to discharges from earth-disturbing activities conducted prior to active mining activities as defined in Part 8.G.3.2, 8.H.3.2, and 8.J.3.2 provided that, with the exception of water used to control dust and to irrigate areas to be vegetatively stabilized, these discharges are not routed to areas of exposed soil and all discharges comply with the permit’s effluent limits.

Also allowed for all sectors are discharges of stormwater listed above in Parts 1.1.2 or authorized non-stormwater discharges in Part 1.1.3, mixed with a discharge authorized by a different NPDES permit and/or a discharge that does not require NPDES permit authorization.

All other non-stormwater discharges requiring NPDES permit coverage except those specifically listed in Part 1.1.3 are not authorized by this permit. If non-stormwater discharges requiring NPDES permit coverage other than those specifically authorized in Part 1.1.3, including sector-specific non-stormwater discharges that are listed in Part 8 as prohibited (a non-exclusive list provided to raise awareness of contaminants or sources of contaminants characteristic of certain sectors), will be discharged, such non-stormwater discharges are not authorized by this permit and must either be eliminated or covered under another NPDES permit.

1.1.3.1 Allowable Non-Stormwater Discharges for all Sectors of Industrial Activity:

• Discharges from emergency/unplanned fire-fighting activities;

• Fire hydrant flushings;

• Potable water, including water line flushings;

• Uncontaminated condensate from air conditioners, coolers/chillers, and other compressors and from the outside storage of refrigerated gases or liquids;

• Irrigation drainage;

• Landscape watering provided all pesticides, herbicides, and fertilizers have been applied in accordance with the approved labeling;

• Pavement wash waters where no detergents or hazardous cleaning products are used (e.g., bleach, hydrofluoric acid, muriatic acid, sodium hydroxide, nonylphenols), and the wash waters do not come into contact with oil and grease deposits, sources of pollutants associated with industrial activities (see Part 5.2.3), or any other toxic or hazardous materials, unless residues are first cleaned up using dry clean-up methods (e.g., applying absorbent materials and sweeping, using hydrophobic mops/rags) and you have implemented appropriate control measures to minimize discharges of mobilized solids and other pollutants (e.g., filtration, detention; settlement);

• Routine external building washdown / power wash water that does not use detergents or hazardous cleaning products (e.g., those containing bleach, hydrofluoric acid, muriatic acid, sodium hydroxide, nonylphenols);

• Uncontaminated ground water or spring water;

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

• Incidental windblown mist from cooling towers that collects on rooftops or adjacent portions of your facility, but not intentional discharges from the cooling tower (e.g., “piped” cooling tower blowdown; drains).

1.1.3.2 Additional Allowable Non-Stormwater Discharge for Sector A: Discharges from the spray down of lumber and wood product storage yards where no chemical additives are used in the spray-down waters and no chemicals are applied to the wood during storage (applicable only to Sector A facilities provided the non-stormwater component of the discharge is in compliance with the non-numeric effluent limits requirements in Part 2.1.2).

1.1.3.3 Additional Allowable Non-Stormwater Discharges for Earth-Disturbing Activities Conducted Prior to Active Mining Activities for Sectors G, H and J:

• Water used to wash vehicles and equipment, provided that there is no discharge of soaps, solvents, or detergents used for such purposes;

• Water used to control dust; and

• Dewatering water that has been treated by an appropriate control under Parts 8.G.4.2.9, 8.H.4.2.9, or 8.J.4.2.9.

Note: These non-stormwater discharges are only authorized for earth-disturbing activities conducted prior to active mining activities, as defined in Part 8.G.3.2, 8.H.3.2, and 8.J.3.2. Once the earth-disturbing activities conducted prior to active mining activities have ceased, the only allowable non-stormwater discharges for Sectors G, H, and J are those listed in Part 1.1.3.1.

1.1.4 Limitations on Coverage.

Any discharges not expressly authorized in this permit cannot become authorized or shielded from liability under Clean Water Act (CWA) section 402(k) by disclosure to EPA, state, or local authorities after issuance of this permit via any means, including the Notice of Intent (NOI) to be covered by the permit, the Stormwater Pollution Prevention Plan (SWPPP), or during an inspection.

1.1.4.1 For Discharges Mixed with Non-Stormwater. Stormwater discharges that are mixed with non-stormwater discharges, other than those mixed with allowable non-stormwater discharges listed in Part 1.1.3 and/or those mixed with a discharge authorized by a different NPDES permit and/or a discharge that does not require NPDES authorization, are not eligible for coverage under this permit.

1.1.4.2 For Stormwater Discharges Associated with Construction Activity. Stormwater discharges associated with construction activity disturbing one acre or more, or that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb one acre or more, are not eligible for coverage under this permit, unless in conjunction with mining activities or certain oil and gas extraction activities as specified in Sectors G, H, I, and J of this permit.

1.1.4.3 For Discharges Currently or Previously Covered by Another Permit. Unless you have received written notification from EPA specifically allowing these discharges to be covered under this permit, you are not eligible for coverage under this permit for any of the following:

• Stormwater discharges associated with industrial activity that are currently covered under an individual NPDES permit or an alternative NPDES general permit;

• Discharges covered within five years prior to the effective date of this permit by an individual permit or alternative general permit where that permit established site-specific numeric water quality-based limitations developed for the stormwater component of the discharge; or

• Discharges from facilities where any NPDES permit has been or is in the process of being denied, terminated, or revoked by EPA (this does not apply to the routine reissuance of permits every five years).

1.1.4.4 For Stormwater Discharges Subject to Effluent Limitations Guidelines. For discharges from facilities subject to stormwater effluent limitation guidelines under 40 CFR, Subchapter N, only those stormwater discharges identified in Table 1-1 are eligible for coverage under this permit.

1.1.4.5 Endangered and Threatened Species and Critical Habitat Protection. Coverage under this permit is available only if your stormwater discharges, allowable non-stormwater discharges, and stormwater discharge-related activities were the subject of an Endangered Species Act (ESA) consultation or an ESA section 10 permit, or if your stormwater discharges, allowable non-stormwater discharges, and stormwater discharge-related activities are not likely to adversely affect any species that are federally listed as endangered or threatened (“listed”) and are not likely to adversely affect habitat that is designated as “critical habitat” under the ESA. You must meet one of the criteria below, following the procedures in Appendix E:

Criterion A. No federally listed threatened or endangered species or their designated critical habitat(s) are likely to occur in the “action area” as defined in Appendix A. To certify your eligibility under this criterion, you must use the Criterion Selection Worksheet in Part E.4 of Appendix E. You must also provide a description of the basis for the criterion you selected on your NOI form and provide documentation supporting your eligibility determination in your SWPPP.

Criterion B. Your industrial activity’s discharges and discharge-related activities were already addressed in another operator’s valid certification of eligibility for your action area under this permit, and there is no reason to believe that federally listed species or designated critical habitat not considered in the prior certification may be present or located in the “action area” (e.g., due to a new species listing or critical habitat designation). To certify your eligibility under this criterion, you must use the Criterion Selection Worksheet in Part E.4 of Appendix E. There must be no lapse of NPDES permit coverage in the other operator’s certification. You must also comply with any additional measures that formed the basis of the other operator's valid certification of eligibility to ensure that your discharges and discharge-related activities are protective of listed species and/or critical habitat. You must include in your NOI the NPDES ID (i.e., permit tracking number) assigned to the other operator’s authorization under this permit, and a description of the basis for the criterion selected on your NOI form, including the eligibility criterion selected by the other operator’s certification. You must also provide any documentation in your SWPPP that supports the other operator’s eligibility determination, including any additional measures that formed the basis of the other operator’s eligibility determination.

Criterion C. Federally listed threatened or endangered species or their designated critical habitat(s) are likely to occur in or near your facility’s “action area,” and your industrial activity’s discharges and discharge-related activities are not likely to adversely affect listed threatened or endangered species or critical habitat. To certify your eligibility under this criterion, you must use the Criterion Selection Worksheet in Part E.4 of Appendix E, including completion of the Criterion C Eligibility Form, which you must submit to EPA at least 30 days prior to filing your NOI for permit coverage. After evaluation of your Criterion C Eligibility Form, EPA may require additional measures that you must implement to avoid or eliminate likely adverse effects on listed species and critical habitat from discharges and discharge-related activities. You may submit your NOI for permit coverage 30 days after submitting to EPA your completed Criterion C worksheet. You must also provide a description of the basis for the criterion you selected on your NOI form and provide documentation supporting your eligibility determination in your SWPPP.

Criterion D. Consultation between a Federal Agency and the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service under section 7 of the ESA has been concluded. Consultations can be either formal or informal, and would have occurred only as a result of a separate federal action (e.g., during application for an individual wastewater discharge permit or the issuance of a wetlands dredge and fill permit), and consultation must have addressed the effects of the industrial activity’s discharges and discharge-related activities on federally listed threatened or endangered species and designated critical habitat. The result of this consultation must be one of the following:

i. A biological opinion that concludes that the action in question (taking into account the effects of your facility’s discharges and discharge-related activities) is not likely to jeopardize the continued existence of listed species, or result in the destruction or adverse modification of critical habitat;

ii. A biological opinion that concludes that the action is likely to jeopardize listed species or to result in the destruction or adverse modification of critical habitat, and any recommended reasonable and prudent alternatives or reasonable and prudent measures are being implemented; or

iii. Written concurrence from the applicable Service(s) with a finding that the facility’s discharges and discharge-related activities are not likely to adversely affect listed species or critical habitat.

To certify your eligibility under this criterion, you must use the Criterion Selection Worksheet in Part E.4 of Appendix E. You must verify that the consultation does not warrant reinitiation under 50 CFR §402.16. If reinitiation of consultation is required, in order to be eligible under this Criterion you must ensure consultation is reinitiated and the result of the consultation must be consistent with (i), (ii), or (iii) above.

If eligible, you must also provide supporting documentation for your determination in your NOI and SWPPP, including the Biological Opinion (or PCTS tracking number) or concurrence letter.

Criterion E. Your industrial activities are the subject of a permit under section 10 of the ESA, and this authorization addresses the effects of your facility’s discharges and discharge-related activities on federally listed species and designated critical habitat. To certify your eligibility under this criterion, you must use the Criterion Selection Worksheet. You must also provide supporting documentation for your determination in your NOI and SWPPP, including a copy of the permit from the Services.

You must comply with any measures that formed the basis of your eligibility determination in Part 1.1.4.5 to be in compliance with the permit. These measures become permit requirements per Part 2.3. Documentation of these measures must be kept as part of your SWPPP (see Part 5.2.6.1).

1.1.4.6 Historic Properties Preservation. Coverage under this permit is available only if your stormwater discharges, allowable non-stormwater discharges, and stormwater discharge-related activities meet one of the eligibility criteria below, following the procedures in Appendix F:

Criterion A. Your stormwater discharges and allowable non-stormwater discharges do not have the potential to have an effect on historic properties and you are not constructing or installing new stormwater control measures on your site that cause subsurface disturbance; or

Criterion B. Your discharge-related activities (i.e., construction and/or installation of stormwater control measures that involve subsurface disturbance) will not affect historic properties; or

Criterion C. Your stormwater discharges, allowable non-stormwater discharges, and discharge-related activities have the potential to have an effect on historic properties, and you have consulted with the State Historic Preservation Officer (SHPO), Tribal Historic Preservation Officer (THPO), or other tribal representative regarding measures to mitigate or prevent any adverse effects on historic properties, and you have either

(1) obtained and are in compliance with a written agreement that outlines all such measures, or (2) been unable to reach agreement on such measures; or

Criterion D. You have contacted the SHPO, THPO, or other tribal representative and EPA in writing informing them that you have the potential to have an effect on historic properties and you did not receive a response from the SHPO, THPO, or tribal representative within 30 days of receiving your letter.

If you have been unable to reach agreement with a SHPO, THPO, or other tribal representative regarding appropriate measures to mitigate or prevent adverse effects, EPA may notify you of additional measures you must implement to be eligible for coverage under this permit.

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

If you are a new discharger or a new source (as defined in Appendix A), you are ineligible for coverage under this permit if EPA determines prior to your authorization to discharge that your discharges will not meet an applicable water quality standard (i.e., your discharges will cause or contribute to an exceedance of a water quality standard). In such case, EPA may notify you that an individual permit application is necessary per Part 1.2.3, or, alternatively, EPA may authorize your coverage under this permit after you implement additional control measures so that your discharges will meet water quality standards.

1.1.4.8 Eligibility for New Dischargers and New Sources to Water-Quality Impaired Waters. If you are a new discharger or a new source (as defined in Appendix A), you are ineligible for coverage under this permit to discharge to an “impaired water” (as defined in Appendix A) unless you do one of the following:

a. Prevent all exposure to stormwater of the pollutant(s) for which the waterbody is impaired, and retain documentation of procedures taken to prevent exposure onsite with your SWPPP;

b. Prior to submitting your NOI, provide to the appropriate EPA Regional Office technical information or other documentation to support your claim that the pollutant(s) for which the waterbody is impaired is not present at your site, and retain such documentation with your SWPPP; or

c. Prior to submitting your NOI, provide information to the appropriate EPA Regional Office, either data or other technical documentation, to support a conclusion that the discharge is expected to meet applicable water quality standards (i.e., that pollutants of concern will not be discharged at levels that will cause or contribute to an exceedance of a water quality standard), and retain such information with your SWPPP. The information to be submitted must be sufficient to demonstrate:

i. For discharges to waters without an EPA-approved or established total maximum daily load (TMDL), that the discharge of the pollutant for which the water is impaired will meet water quality standards at the point of discharge to the waterbody; or

ii. For discharges to waters with an applicable EPA-approved or established TMD), that there are, in accordance with 40 CFR 122.4(i), sufficient remaining wasteload allocations in the TMDL to allow your discharge and that existing dischargers to the waterbody are subject to compliance schedules designed to bring the waterbody into attainment with water quality standards (e.g., a reserve allocation for future growth).

You are eligible under Part 1.1.4.8.c if you receive a determination from the EPA Regional Office that your discharge will meet applicable water quality standards (i.e., will not cause or contribute to an exceedance of a water quality standard), and you document the Region’s determination in your SWPPP. If the EPA Regional Office fails to respond to you within 30 days after submission of data, you are considered to be eligible for coverage.

Note: For the purposes of this permit, your project is considered to discharge to an impaired water if the first water of the U.S. to which you discharge is identified by a state, tribe, or EPA as not meeting an applicable water quality standard, and:

• Requires development of a TMDL (pursuant to section 303(d) of the CWA);

• Is addressed by an EPA-approved or established TMDL; or

• Is not in either of the above categories but the waterbody is covered by pollution control requirements that meet the requirements of 40 CFR 130.7(b)(1).

For discharges that enter a separate storm sewer system2 prior to discharge, the first water of the U.S. to which you discharge is the waterbody that receives the stormwater discharge from the storm sewer system.

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

For new dischargers and new sources to Tier 2 or Tier 2.5 waters:

If you are a new discharger or a new source (as defined in Appendix A), you are eligible to discharge to a Tier 2 or Tier 2.5 water only if your discharge will not lower the water quality of the applicable water. See a list of Tier 2 and Tier 2.5 waters in Appendix L.

For new dischargers and new sources to Tier 3 waters:

If you are a new discharger or a new source (as defined in Appendix A), you are not eligible for coverage under this permit for discharges to waters designated by a state or tribe as Tier 3 (outstanding national resource waters) for antidegradation purposes under 40 CFR 131.13(a)(3). Instead, you must submit an application for an individual permit. See a list of Tier 3 waters in Appendix L.

Note: For the purposes of this permit, your project is considered to discharge to a Tier 2, Tier 2.5, or Tier 3 water if the first water of the U.S. to which you discharge is identified by a state, tribe, or EPA as a Tier 2, Tier 2.5, or Tier 3 water. For discharges that enter a separate storm sewer system2 prior to discharge, the first water of the U.S. to which you discharge is the waterbody that receives the stormwater discharge from the storm sewer system.

1.1.4.10 For Discharges to a Federal CERCLA Site. If you discharge to a federal CERCLA Site listed in Appendix P, you are ineligible for coverage under this permit, unless you notify the EPA Regional Office in advance and the EPA Regional Office determines that you are eligible for permit coverage. In determining eligibility for coverage under this Part, the EPA Regional Office may evaluate whether you are implementing or plan to implement adequate controls and/or procedures to ensure that your discharge will not lead to recontamination of aquatic media at the CERCLA Site such that your discharge will cause or contribute to an exceedance of a water quality standard. If it is determined that your facility discharges to a CERCLA Site listed in Appendix P after you have obtained coverage under this permit, you must contact the EPA Regional Office and ensure that you either have implemented or will implement adequate controls and/or procedures to ensure that your discharges will not lead to recontamination of aquatic media at the CERCLA Site such that it will to cause or contribute to an exceedance of a water quality standard.

For the purposes of this permit, a permittee discharges to a federal CERCLA Site if the discharge flows directly into the site through its own conveyance, or a through

2 Separate storm systems do not include combined sewer systems or sanitary sewer systems. Separate storm systems include both municipal storm sewer systems (MS4s) and non-municipal separate storm sewers.

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

(MS4).

1.2 Authorization Under this Permit.

1.2.1 How to Obtain Authorization.

To obtain authorization under this permit, you must:

• Be an operator of a primary industrial activity in a sector covered by this permit (see Appendix D);

• Be located in a state, territory, or Indian country, or be a federal operator identified in Appendix C where EPA is the permitting authority;

• Meet the Part 1.1 eligibility requirements;

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

2.1 and Part 8 to meet numeric and non-numeric effluent limits;

• Develop a SWPPP per Part 5 of this permit or update your existing SWPPP consistent with Part 5 prior to submitting your NOI for coverage under this permit; and

• Submit a complete and accurate NOI in accordance with this Part.

1.2.1.1 Submitting Your NOI. To be covered under this permit, you must submit to EPA a complete and accurate NOI by the deadline applicable to your facility presented in Table 1-2. The NOI certifies to EPA that you are eligible for coverage according to Part 1.1, and provides information on your industrial activities and related discharges.

You must complete the development of a SWPPP or update your existing SWPPP consistent with Part 5 prior to submitting your NOI for coverage under this permit. If you choose to post your SWPPP on the Internet per Part 5.4.1, you must include the URL on your NOI form and this URL must directly link to the SWPPP (not just the corporate or facility homepage). If you do not post your SWPPP online, you must enter additional facility information from your SWPPP, per Part 5.4.2.

1.2.1.2 How to Submit Your NOI. You must submit your NOI electronically per Part 7.1, unless you have received a waiver from electronic reporting per Part 7.1, in which case you may use the paper NOI form in Appendix G.

1.2.1.3 Deadlines for Submitting Your NOI and Your Official Date of Permit Coverage. Table 1-2 provides the deadlines for submitting your NOI and your official start date of permit coverage.

Table 1-2. NOI Submittal Deadlines and Discharge Authorization Dates

Category NOI Submission

Deadline Discharge Authorization Date1, 2

Operators of industrial activities that were authorized for coverage under the 2008 MSGP.

No later than September 2, 2015 unless EPA notifies you that your deadline is extended.3

30 days after EPA notifies you that it has received a complete NOI, unless EPA notifies you that your authorization has been denied or delayed. Note: You must review and update your SWPPP to ensure that this permit’s requirements are addressed prior to submitting your NOI.

Provided you submit your NOI in accordance with the deadline, your authorization under the 2008 MSGP is automatically continued until you have been granted coverage under this permit or an alternative permit, or coverage is otherwise terminated.

Operators of industrial activities that commenced discharging between September 30, 2013 and September 2, 2015 and have been operating consistent with EPA’s no action assurance for the NPDES Stormwater Multi-Sector General Permit for Industrial Activities.

As soon as possible, but no later than September 2, 2015, unless EPA notifies you that your deadline is extended.4

30 days after EPA notifies you that it has received a complete NOI, unless EPA notifies you that your authorization has been denied or delayed.

Operators of industrial activities that commence discharging after September 2, 2015, or operators seeking coverage for discharges previously covered under an individual permit or an alternative general permit.

A minimum of 30 days prior to commencing discharge in accordance with the terms of the 2015 MSGP.5

30 days after EPA notifies you that it has received a complete NOI, unless EPA notifies you that your authorization has been denied or delayed.

New operators of existing industrial activities with discharges previously authorized under the 2015

MSGP.

A minimum of 30 days prior to the date of transfer of control to the new operator.

30 days after EPA notifies you that it has received a complete NOI, unless EPA notifies you that your authorization has been denied or delayed.

Other eligible operators – Operators of industrial activities that commenced discharging prior to September 2, 2015, but not covered under the 2008 MSGP or another NPDES permit and not operating consistent with EPA’s no action assurance for the NPDES Stormwater Multi-Sector General Permit for Industrial Activities.

Immediately, to minimize the time discharges from the facility will continue to be unauthorized.

30 days after EPA notifies you that it has received a complete NOI, unless EPA notifies you that your authorization has been denied or delayed.

1 If you have missed the deadline to submit your NOI, any and all discharges from your industrial activities will continue to be unauthorized under the CWA until they are covered by this or a different NPDES permit. EPA may take enforcement action for any unpermitted discharges that occur between the commencement of discharging and discharge authorization.

2 Discharges are not authorized if your NOI is incomplete or inaccurate or if you are ineligible for permit coverage.

3 For federal operators of industrial activities located in the State of Washington (except Indian country) that were authorized for coverage under the 2008 MSGP, you must submit your NOI no later than October 19, 2015, unless EPA notifies you that your deadline is extended. For operators of industrial activities located in the State of Idaho (except Indian country) or on Spokane Tribe of Indians lands that were authorized for coverage under the 2008 MSGP, you must submit your NOI no later than November 10, 2015, unless EPA notifies you that your deadline is extended.

4 For federal operators of industrial activities located in the State of Washington (except Indian country) that commence discharging between September 30, 2013 and October 19, 2015, you must submit your NOI as soon as possible, but no later than October 19, 2015, unless EPA notifies you that your deadline is extended. For operators of industrial activities located in the State of Idaho (except Indian country) or on Spokane Tribe of Indians lands that commence discharging between September 30, 2013 and November 10, 2015, you must submit your NOI as soon as possible, but no later than November 10, 2015, unless EPA notifies you that your deadline is extended.

5 For federal operators of industrial activities located in the State of Washington (except Indian country) that commence discharging after October 19, 2015, or operators seeking coverage for discharges previously covered under an individual permit or an alternative general permit, you must submit your NOI a minimum of 30 days prior to commencing discharge in accordance with the terms of the 2015 MSGP. For operators of industrial activities located in the State of Idaho (except Indian country) or on Spokane Tribe of Indians lands that commence discharging after November 10, 2015, or operators seeking coverage for discharges previously covered under an individual permit or an alternative general permit, you must submit your NOI a minimum of 30 days prior to commencing discharge in accordance with the terms of the 2015 MSGP.

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

If this permit is not reissued or replaced prior to the expiration date, it will be administratively continued in accordance with the Administrative Procedure Act and 40 CFR

122.6 and remain in force and effect for discharges that were covered prior to expiration. If you obtain authorization to discharge under this permit prior to the expiration date and this permit is administratively continued, any discharges authorized under this permit will automatically remain covered by this permit after its expiration date until the earliest of:

• Your authorization for coverage under a reissued permit or a replacement version of this permit following your timely submittal of a complete and accurate NOI for coverage under the new permit; or

Note: If you fail to submit a timely NOI for coverage under the reissued or replacement permit, your coverage will terminate on the date that the NOI was due.

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

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

• A formal permit decision by EPA not to reissue this general permit, at which time EPA will identify a reasonable time period for covered dischargers to seek coverage under an alternative general permit or an individual permit.

Coverage under this permit will cease at the end of this time period.

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

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

1.2.3 Coverage Under Alternative Permits.

EPA may require you to apply for and/or obtain authorization to discharge under an alternative permit, i.e., either an individual NPDES permit or an alternative NPDES general permit, in accordance with 40 CFR 122.64 and 124.5. If EPA requires you to apply for an alternative permit, the Agency will notify you in writing that a permit application or NOI is required. This notification will include a brief statement of the reasons for this decision and will contain alternative permit application or NOI requirements, including deadlines for completing your application or NOI.

1.2.3.1 Denial of Coverage for New or Previously Unpermitted…