91    FEDERAL STORMWATER PERMITTING REQUIREMENTS:
A REVIEW OF EPA'S NEW APPLICATION
REQUIREMENTS FOR INDUSTRY
John A. Lytle, Director
Environmental Regulations Section
Burgess & Niple, Limited
Columbis, Ohio 43220
INTRODUCTION
The Water Quality Act of 1987 (WQA) was enacted by Congress in 1987 amending the previously
established Clean Water Act (CWA). Among other things, these amendments required municipalities
and industries to begin a permitting process for their stormwater discharges. The WQA of 1987 was
passed on February 4, 1987, and regulations implementing the stormwater portions of the Act were
promulgated November 16, 1990. These regulations add a new Section 122.26 to Title 40 of the Code
of Federal Regulations (40 CFR 122.26).
The amendments to the CWA and the implementing regulations already have had wide ranging and
dramatic effects on the permitting burden of industries. It has been estimated that these regulations
will affect 170 cities, 125,000 businesses, and 10,000 construction sites. This paper presents the
requirements of the regulations, and practical methods for complying with those regulations.
THE PERMITTING PROGRAM
Requirements of the Regulations
Regulated Discharge. The new requirements apply only to direct, point source stormwater discharges
to "waters of the U.S." which are "associated with industrial activity," or from municipal separate
storm sewer systems serving populations of 100,000 or more. Point source discharges of industrial
stormwater to municipal separate storm sewer systems are considered direct discharges for purposes
of the new requirements. Industrial stormwater dischargers to separate municipal storm sewer systems
will have to obtain their own stormwater permits under the final requirements.
A National Pollutant Discharge Elimination System (NPDES) permit may also be required for any
point source stormwater discharge believed to be contributing to water quality problems, on a
case-by-case basis. This case-by-case authority supersedes the October 1, 1992 moratorium on permits
for nonindustrial and small municipal stormwater sources.
The new requirements do not apply to the following categories of discharges: sheet flow runoff;
discharges to combined sewer systems; flows to retention basins with no outlet to "waters of the
U.S."; and discharges from commercial and other nonindustrial sites.
The burden of determining whether or not a stormwater permit is necessary is upon the potential
permittee. EPA advises those in doubt to either submit an application, or contact EPA or their State
NPDES permitting authority for clarification. In the case where a facility is owned by one party, but
operated by another, the operator is generally responsible for seeking an NPDES permit.
Applicability. Facilities with "stormwater discharge associated with industrial activity" which
discharge stormwater directly to "waters of the U.S." via one or more point sources, and whose
stormwater quality is not already addressed by an NPDES permit, must apply for a stormwater permit
under the new requirements. Depending upon what type of facility they operate, and upon the state in
which they are located, industrial applicants may have up to three permitting options. They may seek
coverage under: (1) an individual (facility-specific) NPDES permit; (2) a group application process; or
(3) a general permit. Each option is discussed in greater detail later.
Industrial facilities which discharge stormwater to a municipal separate storm sewer system via one
or more point sources are considered direct dischargers for purposes of the new requirements. They
must seek a stormwater permit if their stormwater quality is not already addressed by an existing
46th Purdue Industrial Waste Conference Proceedings, 1992 Lewis Publishers, Inc., Chelsea, Michigan 48118.
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