Final Modification of the National Pollutant Discharge Elimination System (NPDES) Storm Water Multi-Sector General Permit for Industrial Activities; Termination of the EPA NPDES Storm Water Baseline Industrial General Permit

The Regional Administrators of EPA Regions I, II, III, IV, VI, IX, and X are today providing final notice of modifications to EPA's final NPDES Storm Water Multi-Sector General Permit (MSGP) which was first issued on September 29, 1995 (60 FR 50804), and amended on February 9, 1996 (61 FR 5248), February 20, 1996 (61 FR 6412), and September 24, 1996 (61 FR 50020). EPA has modified the MSGP to authorize storm water discharges from previously excluded facilities so that they may be covered by the MSGP after expiration of EPA's Baseline Industrial General Permit. EPA also finalized the following limited specific changes to the MSGP as published on September 29, 1995 (60 FR 50804): (1) Authorization of mine dewatering discharges from construction sand and gravel, industrial sand, and crushed stone mines in EPA Regions I, II and X; (2) inclusion in Sector A of the MSGP of the effluent limitation guideline in 40 CFR Part 429, Subpart I for discharges resulting from spray down of lumber and wood products in storage yards (wet decking); (3) clarification that Sectors X and AA authorize discharges from all facilities in major SIC groups 27 and 34 respectively; (4) addition of new Sector AD to the MSGP to authorize discharges from Phase I facilities which may not fall into one of the original sectors of the permit, and selected Phase II discharges which are designated for permitting in accordance with 40 CFR 122.26(g)(1)(i); (5) modification of inspection requirements in Sector I for inactive oil and gas extraction facilities which are remotely located and unstaffed; (6) addition of new Addendum I to provide guidance and information to assist applicants with determining permit eligibility concerning protection of historic properties; and (7) update of the county/species list of endangered and threatened species found in Addendum H, and provide a listing of additional sources to reference for future updates to the list. The Regional Administrators are also providing final notice that the Agency is not reissuing the NPDES storm water Baseline Industrial General Permit which was issued on September 9, 1992 (57 FR 41236) or September 25, 1992 (57 FR 44438), depending on the geographic area of applicability, and to terminate this permit (with the limited exceptions discussed in Section I below) upon final modification of the multi-sector permit. As a result, all industrial facilities previously permitted under the Baseline Industrial General Permit, except as otherwise specified in this notice, are required to seek storm water permit coverage under the modified MSGP within 90 days after the publication of this final notice or submit an application for an individual NPDES permit. This action also provides notice for the issuance of the final NPDES MSGP (including today's modifications) for storm water discharges associated with industrial activity for American Samoa and the Commonwealth of the Northern Mariana Islands (CNMI). The geographic area of coverage of the MSGP is being revised today to include American Samoa and CNMI on the list of areas for which discharges may be authorized.