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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. Printed in U.S.A.
Object Description
Purdue Identification Number | ETRIWC199191 |
Title | Federal stormwater permitting requirements : a review of EPA's new application requirements for industry |
Author | Lytle, John A. |
Date of Original | 1991 |
Conference Title | Proceedings of the 46th Industrial Waste Conference |
Conference Front Matter (copy and paste) | http://e-archives.lib.purdue.edu/u?/engext,42649 |
Extent of Original | p. 885-892 |
Collection Title | Engineering Technical Reports Collection, Purdue University |
Repository | Purdue University Libraries |
Rights Statement | Digital object copyright Purdue University. All rights reserved. |
Language | eng |
Type (DCMI) | text |
Format | JP2 |
Date Digitized | 2009-11-24 |
Capture Device | Fujitsu fi-5650C |
Capture Details | ScandAll 21 |
Resolution | 300 ppi |
Color Depth | 8 bit |
Description
Title | page 885 |
Collection Title | Engineering Technical Reports Collection, Purdue University |
Repository | Purdue University Libraries |
Rights Statement | Digital copyright Purdue University. All rights reserved. |
Language | eng |
Type (DCMI) | text |
Format | JP2 |
Capture Device | Fujitsu fi-5650C |
Capture Details | ScandAll 21 |
Transcript | 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. Printed in U.S.A. |
Resolution | 300 ppi |
Color Depth | 8 bit |
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