Storm Water Pollution Prevention Manual Chapter 5 - Storm Water Permits

Storm Water Permit applications

Facilities may apply for storm water discharge permits based on the state agreements with USEPA. If your state does not have a USEPA approved permitting program, then you would apply online directly to USEPA. The following are the steps you would take in applying for a multi-sector general storm water permit when USEPA is the permitting authority. States with an authorized permitting program will have similar steps in applying for their storm water permits.

Step 1

  • Submit a Notice of Intent (NOI) to be covered under the multi-sector general storm water permit by the applicable deadline in Table 5-1. This notice is required prior to operating a facility which has industrial exposures to stormwater. The NOI is filed electronically to either the USEPA or the authorized state depending on location of the facility. If you operate an existing facility under the USEPA jurisdiction then the NOI should have been submitted by September 2, 2015.
  • New facilities must submit a NOI a minimum 60 days prior to commencing discharge, or a minimum of 30 days if the Storm Water Pollution Prevention Plan (SWPPP) is posted on the Internet during this period.

Step 2

  • Prepare and implement SWPPP for the facility which includes the responsibility statement.

Step 3

  • Receive and review facility NPDES stormwater permit for all criteria below. Revise SWPPP if necessary to be consistent with permit.

Step 4

  • Prepare, present, and document training to all staff working at the facility to comply with annual training requirement.
  • Repeat training process each year.

Step 5

  • Implement all provisions of SWPPP.

The multi-sector general permit entails the least costly and easiest form of application, NOI, and sampling and analysis costs. The NOI requires only general site information and a site map. No sampling is required during the application process until the permit is issued. The permit requirements are based on Best Management Practices (BMPs) for industrial categories and site specific activities. The SWPPP must be developed and submitted for review with the application and revised after permit conditions are issued. The Certification statement is signed by a Senior Management Official at the time of application. Liability begins at the time the NOI is filed.

Table 5-1

2015 MSGP NOI Submittal Deadlines

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 individualpermit 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.

5.1 Types of Storm Water Permits

There are two types of NPDES permits for storm water discharge that federal and/or state authorities issue to industrial facilities. One type is an individual permit which is site-specific and is issued on a case by case basis to individual facilities based on their potential to significantly pollute the waters of the United States. The other type is called a general permit. EPA’s industrial stormwater general permit is known as the multi-sector general permit (MSGP). The MSGP is EPA’s alternative to issuing individual permits to each of the thousands of industrial stormwater dischargers. Unlike individual permits, which require facilities to submit detailed application forms on which the permitting authority develops a facility specific NPDES permit, the MSGP provides a permit that is written to cover a wide range of industrial activities and includes industry specific requirements based on the industrial sector. The MSGP provides permit coverage to most facilities in a particular state, region, or industrial category.

5.1.1 Individual Permits

Individual permits are issued to individual facilities for storm water discharges associated with industrial activity at specified locations. The permit is tailored to encompass the unique discharge characteristics of the facility and/or the special requirements of the receiving waters. A facility may be required to obtain or continue to operate under an individual permit:

  • When denied coverage under a general permit;
  • When an individual permit wastewater and/or storm water discharge has already been issued to the facility;
  • When the permitting authority has determined the facility is contributing to the violation of a water quality standard or is a potentially significant contributor of pollutants to waters of the United States.

Facilities with existing NPDES permits for storm water and non-storm water discharges must maintain compliance with the terms of those permits. However, a facility must apply for coverage under a new storm water discharge permit 180 days prior to the expiration of the existing permit.

An individual permit to discharge storm water associated with industrial activity will likely specify some form of compliance monitoring and sampling parameters specific for the individual site based on raw materials, material handling practices, and processes utilized at the facility. Each site will also be required to prepare and implement a SWPPP. There may be additional requirements for these plans to include provisions such as Spill Prevention, Countermeasure (SPCC) Plans or Contingency Plans.

5.1.2 General Permits

EPA has developed a general permit structure designed to cover most industrial facilities throughout each NPDES delegated state (states with authority to issue NPDES permits) and EPA region (states with no delegated authority to issue NPDES permits). Under the general permit, all companies are subject to the same permit conditions with some additional requirements for certain industries (i.e., galvanizing). Additionally, some NPDES states have added state specific requirements.

The “multi-sector” general permit is designed to cover 29 industrial sectors. This general permit stipulates sector-specific (rather than industry-specific) permit requirements for the industries grouped in the individual sectors. The galvanizing industry is included in the Fabricated Metal Products Sector (Sector AA). The 2015 multi-sector general permit has been finalized and it is used by EPA in the non-NPDES delegated states and territories where EPA is the permitting authority and by any NPDES delegated state which chooses to use it as a model for a state issued permit.

EPA's general permits require some form of compliance monitoring and the development and implementation of a SWPPP.The SWPPP for both permits must identify potential sources of storm water pollution and describe engineering and management practices used to reduce and control those sources. After the SWPPP is in place, facility operators can then submit a Notice of Intent (NOI) to EPA to obtain permit coverage. These procedures only apply if you are located within one of the states or territories who are not authorized to administer the NPDES permit program although similar procedures exist in most of the areas where states are the NPDES permitting authority.

The methodology and option for applying for a general storm water permit as a galvanizing industrial facility are described on pages 5-5 through 5-9. The specific requirements contained in each general permit however are quite different. Detailed descriptions of these permits are provided starting on page 5-10.

5.2 GALVANIZERS’ STORM WATER PERMITTING REQUIREMENTS

Galvanizers' storm water permitting responsibilities are dependent on their states requirements and whether they are in an NPDES or non-NPDES delegated state. The states programs must be at least as stringent as the USEPA program in order to obtain authorization to operate a state implemented program. Occasionally a lag time between USEPA revised requirements and state re-authorizations occur. In this instance you willoperate your facility under an expired permit providing your facility has a renewal permit application on file with the authorized state program.

5.2.1 NPDES Delegated States

Permitting options available to galvanizers located in NPDES delegated states include the following:

  • Submit an application to the state for an individual permit.
  • File a state NOI form to obtain coverage under the state’s general permit.

The permit requirements for galvanizers that file for an individual permit will be site-specific and determined by the state regulatory agency on a case-by-case basis. Companies that file a NOI form for coverage under a state's general permit will be subject to state-specific requirements for industries within their state. NPDES delegated states have the option to simply adopt EPA's multi-sector general permit or use them as models to develop their own state permit program. Therefore, permit requirements in NPDES delegated states will vary from state to state since they have the authority to develop and issue a state-specific general permit. AGA members in some states have the option to file for the multi-sector general permit which the states can then use to issue storm water permits for the Fabricated Metal products sector. Galvanizers located in NPDES delegated states should contact their state's storm water agency to confirm their permitting requirements. Click here for thelink to the States with Authorization page on the USEPA website.

5.2.2 Non-NPDES Delegated States

Galvanizers located in non-NPDES delegated states have the following storm water permitting options:

  • File a NOI for coverage under the EPA’s multi-sector general permit (Fabricated Metal Products Sector) with the EPA regional office. This filing is submitted electronically online.

Companies that do not meet the criteria for the multi-sector general permit will be asked to file for an individual permit and will be subject to permit requirements stipulated by the EPA regional office on a case-by-case basis. Permit requirements stipulated by the EPA's multi-sector general permit are discussed below.

EPA has published the 2015 multi-sector general permit and non-NPDES delegated states may simply adopt the multi-sector permit as issued. Galvanizers should contact their state’s stormwater agency to confirm the type of storm water permit issued and to verify if there are any additional permit requirements. The state and EPA regional storm water contacts are provided on the USEPA website here.

5.2.3 General Permit

The EPA's general permit and multi-sector general permit have similar requirements concerning permit application and notification forms, pollution prevention plans, and best management practices. However, specific details can vary from state to state since NPDES delegated states have the authority to modify the EPA's permits.

The most significant difference between the two permits concerns monitoring requirements. The general permit requires the collection of both grab and composite samples as opposed to the multi-sector general permit which requires only grab samples. Monitoring under the general permit is usually required on an annual or semi-annual basis, depending on the industrial category and/or state permitting authority. Galvanizers have monitoring requirements specified under the EPA’s general permit; however, individual states do have the authority to require specific permitting requirements for galvanizers located within their state boundaries. Another difference is that unlike the multi-sector general permit, the general permit requires semiannual monitoring for all Section 313 facilities that must file Form R's for water priority chemicals. For those facilities (which include some galvanizers) the following parameters must be monitored in their storm water runoff discharges:

  • Oil and Grease
  • Biochemical Oxygen Demand
  • Chemical Oxygen Demand
  • Total Suspended Solids
  • Total Kjeldahl Nitrogen
  • Total Phosphorus
  • pH
  • Nitrate + Nitrite Nitrogen
  • Acute Whole Effluent Toxicity
  • Any 313 chemicals used at the facility

In addition, no cutoff concentrations are specified in the general permit which would allow companies to defer sampling requirements based on monitoring results that indicated low levels of pollutants present in storm water runoff from a site. A detailed description of the requirements for the general permit is presented on page 5-10.

5.2.4 Multi-Sector General Permit

This type of permit includes sector-specific permits for 29 different industrial sectors. Galvanizers are included in Sector AA - Fabricated Metal Products. The multi-sector permit includes general provisions that apply to all the industries included in the 29 industrial sectors and sector-specific provisions applicable to each of the industries included in the individual sectors.