General Description
Unlike pollution from industry or sewage treatment facilities, which is caused by a discrete number of sources, storm water pollution is caused by the daily activities of people everywhere. It includes stormwater runoff, snow melt runoff, and surface runoff and drainage over the surface of the facility whether the surface be dirt, asphalt, concrete, wood, etc. For a more comprehensive description, see EPA's overview of the Storm Water Program and EPA's customizable storm water outreach materials.
If you think you may have a permit, but are unsure; or you have a permit and are unsure of the requirements, see the EPA database of NPDES permits.
To see state and EPA compliance and enforcement data that resides in Federal systems pertaining to the Clean Water Act (CWA), go to the Online Tracking Information System (OTIS) for Government Agencies.
(NOTE: Other websites/data systems which contain information about issues such as: your compliance record, the permits you have, the wastes generated by your facility and your neighbors, the status of your watersheds, air monitoring data, and population statistics can be found under My Community/My Facility.)
Summary of Federal Requirements
All storm water discharges associated with industrial and construction activities that discharge to Municipal Separate Storm Sewer Systems (MS4s), or directly into waters of the United States are required to obtain either:
- individual NPDES storm water permit coverage, or
- coverage under the state or EPA's general permit
Consult the Authorization Status for EPA's Stormwater Construction and Industrial Programs and the NPDES State Program Status for information on whether your state or the Federal EPA is the permitting authority.
Specifically, a facility must obtain permit coverage for industrial activities if the activity falls under:
- one of the 11 categories of Industrial Storm Water Activities, including construction, that result in storm water discharge to Municipal Separate Storm Sewer Systems (MS4s), or directly to waters of the United States, or
- one of the 30 Industrial Sectors listed for the Multi-Sector General Permit.
These activities are defined by either the facilities certain Standard Industrialization Classification, or a general description of the facilities industrial activities.
Federal Facilities that often require storm water permit coverage include:
- General Services Administration (Federal Government construction)
- Naval Facilities Command (transportation vehicles)
- Army Corps of Engineers (DoD construction)
- Bureau of Reclamation (transportation vehicles), and
- other facilities that perform industrial activities, have vehicle fleets and frequently undergo building construction
To facilitate the stormwater permitting process, EPA's Electronic Notice of Intent (eNOI) system allows construction sites and industrial facilities seeking coverage under EPA's stormwater permits to file their forms electronically. Permittees can obtain and terminate permit coverage under EPA's Construction General Permit (CGP), modify and amend previously filed forms, calculate and file a low-erosivity waiver, and much more. This new system will be expanded to include the Multi-Sector General Permit for Industrial Activities (MSGP) when this permit is finalized. To use the new and improved eNOI system, please visit http://www.epa.gov/npdes/eNOI.
A critical component of every stormwater permit are the assigned Best Management Practices (BMPs). Which BMPs to include and which to exclude can be a part of the permit negotiation process. EPA's Urban Best Management Practice (BMP) Performance Tool provides access to summary information on studies that have been published in recognized journals or that have met detailed criteria established by EPA. Consulting this tool should simplify the selection of effective BMPs for a stormwater permit.
Consult the Window to my Environment web-based tool to identify environmental issues like air and water quality, watershed health, Superfund sites, fish advisories, impaired waters, as well as local services working to protect the environment in your area.
Construction-related Storm Water Issues
Construction activities (including other land-disturbing activities) that disturb one to five acres are regulated under the NPDES storm water program Phase II requirements. Activities that disturb more than 5 acres are regulated by Phase I requirements. The Phase II requirements also include smaller sites that are part of a larger common plan of development or sale. Sites less than 1 acre, if determined by local authorities to pose a significant risk to local watersheds, can also be required to get an NPDES permit.
Operators of regulated construction sites are required to obtain permit coverage from an authorized state or from EPA under the Construction General Permit if the state is not authorized by EPA to issue NPDES permits. The Construction General Permit or state permit outlines a set of provisions construction operators must follow to comply with the requirements of the NPDES storm water regulations. Operators of regulated construction sites are required to develop and implement Storm Water Pollution Prevention Plans (SWPPP) under the Construction General Permit.
EPA has re-issued the stormwater Construction General Permit (CGP), which expired July 1, 2008, for a 2-yr time period. The permit will apply only where EPA is the permitting authority, which is in five states (Massachusetts, New Hampshire, New Mexico, Idaho and Alaska); Washington, D.C.; most territories; and most Indian country lands. Under the re-issued permit, new dischargers include new construction sites that start construction on or after the effective date of this permit and those that have already started construction, but do not have coverage under the 2003 CGP. Sites that have coverage under the 2003 CGP must continue to comply with the provisions of that permit and do not need to apply for coverage under this new permit.
The following sites provide more detailed guidance on issues related to stormwater compliance at construction activities:
Non-Construction Related Storm Water
The NPDES Storm Water Multi-Sector General Permit for Industrial Activities (MSGP) provides facility-specific requirements for many types of industrial facilities within one overall permit for states where EPA is the permitting authority. The permit outlines steps that facility operators must take prior to being eligible for permit coverage, including development and implementation of a Storm Water Pollution Prevention Plans (SWPPP).
Summary of State Requirements
Most states are authorized to implement the NPDES Storm Water permit program. In a few states, territories, and on most land in Indian Country where the state is not authorized to implement the program, EPA remains the permitting authority.
A state may have requirements that are more stringent than the federal requirements. To obtain permit overage, a facility will need to consider:
- Submitting a Notice of Intent or permit application,
- Developing and implementing a Storm Water Pollution Prevention Plan, and
- Submitting a Notice of Termination.
State-by-state guidance concerning stormwater can be found at ENVCAP's Storm Water Resource Locator.
State-by-state guidance concerning industrial stormwater can be found at ENVCAP's Industrial Storm Water Resource Locator.
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