Stormwater-Industrial Facilities regulations & environmental compliance analysis

Stormwater-Industrial Facilities: What you need to know

Governing Law and Regulations

Clean Water Act (CWA), 33 USC 1251 to 1387 and regulations at 40 CFR 122 and 40 CFR 124

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National Pollutant Discharge Elimination System (NPDES): 33 USC 1342

NPDES permit application regulations for stormwater discharges (Phase I final rule): 55 Federal Register (FR) 47990 (11/16/90)

Phase II stormwater rule: 64 FR 68722 (12/8/1999)

Stormwater discharges associated with industrial activity: 40 CFR 122.26(a)(1)(ii) and 40 CFR 122.26(b)(14)

Logging roads: 40 CFR 122.26(b)(14)(ii)

Regulatory Agency

U.S. Environmental Protection Agency (EPA) Office of Wastewater Management

EPA regional offices

Overview of Stormwater Discharge Regulation at Industrial Facilities

The U.S. Environmental Protection Agency (EPA) rules define a stormwater discharge associated with industrial activity as “the discharge from any conveyance that is used for collecting and conveying stormwater and that is directly related to manufacturing, processing, or raw materials storage areas at an industrial plant” (40 CFR 122.26(b)(14)).

Essentially, this means that any stormwater coming in contact with any aspect of a defined industrial activity and discharged through a discernible outfall must be in compliance with the current National Pollutant Discharge Elimination System (NPDES) stormwater permitting program. Regulated industrial facilities are identified either by their Standard Industrial Classification (SIC) code number or by a general description in the rule.

Operators of facilities or sites with activities included within one of the 11 categories listed in TABLE 1 in this section (40 CFR 122.26(b)(14)(i)-(xi)) are subject to the NPDES stormwater program and are required to obtain permit coverage unless otherwise exempted.

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