Water pollution control: sector general permit for industrial activities,

 
CONTENT

[Federal Register: October 30, 2000 (Volume 65, Number 210)]

[Notices]

[Page 64845-64880]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr30oc00-124]

[[pp. 64845-64880]] Final Reissuance of National Pollutant Discharge Elimination System (NPDES) Storm Water Multi-Sector General Permit for Industrial Activities

[[Continued from page 64844]]

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measures that prevent or minimize the discharge of fuel to the storm sewer/surface waters resulting from fuel servicing activities or other operations conducted in support of the airport fuel system. Consider the following BMPs (or their equivalents): implementing spill and overflow practices (e.g., placing absorptive materials beneath aircraft during fueling operations); using dry cleanup methods; and collecting storm water runoff.

  1. S.5.3.6 Source Reduction. Consider alternatives to the use of urea and glycol-based deicing chemicals to reduce the aggregate amount of deicing chemicals used and/or lessen the environmental impact. Chemical options to replace ethylene glycol, propylene glycol and urea include: potassium acetate; magnesium acetate; calcium acetate; anhydrous sodium acetate.

  2. S.5.3.6.1 Runway Deicing Operation: Evaluate, at a minimum, whether over-application of deicing chemicals occurs by analyzing application rates and adjusting as necessary, consistent with considerations of flight safety. Also consider these BMP options (or their equivalents): metered application of chemicals; pre-wetting dry chemical constituents prior to application; installing a runway ice detection system; implementing anti-icing operations as a preventive measure against ice buildup.

  3. S.5.3.6.2 Aircraft Deicing Operations: As in Part 6.S.5.3.6.1, determine whether excessive application of deicing chemicals occurs and adjust as necessary, consistent with considerations of flight safety. EPA intends for this evaluation to be carried out by the personnel most familiar with the particular aircraft and flight operations in question (vice an outside entity such as the airport authority). Consider using alternative deicing/anti-icing agents as well as containment measures for all applied chemicals. Also consider these BMP options (or their equivalents) for reducing deicing fluid use: forced-air deicing systems, computer-controlled fixed-gantry systems, infrared technology, hot water, varying glycol content to air temperature, enclosed-basket deicing trucks, mechanical methods, solar radiation, hangar storage, aircraft covers, thermal blankets for MD-80s and DC-9s. Also consider using ice-detection systems and airport traffic flow strategies and departure slot allocation systems.

  4. S.5.3.7 Management of Runoff. Where deicing operations occur, describe and implement a program to control or manage contaminated runoff to reduce the amount of pollutants being discharged from the site. Consider these BMP options (or their equivalents): a dedicated deicing facility with a runoff collection/recovery system; using vacuum/collection trucks; storing contaminated storm water/deicing fluids in tanks and releasing controlled amounts to a publicly owned treatment works; collecting contaminated runoff in a wet pond for biochemical decomposition (be aware of attracting wildlife that may prove hazardous to flight operations); and directing runoff into vegetative swales or other infiltration measures. Also consider recovering deicing materials when these materials are applied during non-precipitation events (e.g., covering storm sewer inlets, using booms, installing absorptive interceptors in the drains, etc.) to prevent these materials from later becoming a source of storm water contamination. Used deicing fluid should be recycled whenever possible.

  5. S.5.4 Inspections. (See also Part 4.2.7.2.1.5) Specify the frequency of inspections in your SWPPP. At a minimum they must be conducted monthly during the deicing season (e.g., October through April for most mid-latitude airports). If your facility needs to deice before or after this period, expand the monthly inspections to include all months during which deicing chemicals may be used. Also, if significantly or deleteriously large quantities of deicing chemicals are being spilled or discharged, or if water quality impacts have been reported, increase the frequency of your inspections to weekly until such time as the chemical spills/discharges or impacts are reduced to acceptable levels. The Director may specifically require you to increase inspections and SWPPP reevaluations as necessary.

  6. S.5.5 Comprehensive Site Compliance Evaluation. (See also 4.9)

    (See also Part 4.9)

    Using only qualified personnel, conduct your annual site compliance evaluations during periods of actual deicing operations, if possible. If not practicable during active deicing or the weather is too inclement, conduct the evaluations when deicing operations are likely to occur and the materials and equipment for deicing are in place.

  7. S.6 Monitoring and Reporting Requirements. (See also Part 5)

    Table S-1.--Sector-Specific Numberic Limitations and Benchmark Monitoring

    Subsector (Discharges may be subject to requirements for more

    Parameter

    Benchmark monitoring Numeric limitation than one sector/subsector)

    cutoff concentration\1\

    Sector of Permit Affected/Supplemental Requirements

    Facilities at airports that use more Biochemical Oxygen 30 mg/L................. 120.0mg/L. than 100,000 gallons of glycol- Demand (BOD5).

    Chemical Oxygen Demand Ammonia based deicing/anti-icing chemicals

    COD).

    19 mg/L. and/or 100 tons or more of urea on

    pH 6/0 to 9 s.u an average annual basis: monitor ONLY those outfalls from the airport facility that collect runoff from areas where deicing/ anti-icing activities occur (SIC 45XX).

    \1\ Monitor once/quarter for the year 2 and year 4 monitoring years.

  8. T Sector T--Treatment Works

  9. T.1 Covered Storm Water Discharges

    The requirements in Part 6.T apply to storm water discharges associated with industrial activity from Treatment Works as identified by the Activity Code specified under Sector T in Table 1-1 of Part 1.2.1.

  10. T.2 Industrial Activities Covered by Sector T

    The requirements listed under this Part apply to all existing point source storm water discharges associated with the following activities:

  11. T.2.1 treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system used in the storage, treatment, recycling and reclamation of municipal

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    or domestic sewage; including land dedicated to the disposal of sewage sludge; that are located within the confines of the facility with a design flow of 1.0 MGD or more; or required to have an approved pretreatment program under 40 CFR Part 403.

  12. T.2.2 Not required to have permit coverage: farm lands; domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located within the facility; or areas that are in compliance with Section 405 of the CWA.

  13. T.3 Limitations on Coverage

  14. T.3.1 Prohibition of Non-Storm Water Discharges. (See also Part 1.2.3.1) Not authorized by this permit: sanitary and industrial wastewater; and equipment/vehicle washwater.

  15. T.4 Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply with the requirements listed in Part 4.

  16. T.4.1 Site Map. (See also Part 4.2.2.3.6) Identify where any of the following may be exposed to precipitation/surface runoff: grit, screenings and other solids handling, storage or disposal areas; sludge drying beds; dried sludge piles; compost piles; septage or hauled waste receiving station; and storage areas for process chemicals, petroleum products, solvents, fertilizers, herbicides and pesticides.

  17. T.4.2 Potential Pollutant Sources. (See also Part 4.2.4) Describe the following additional sources and activities that have potential pollutants associated with them, as applicable: grit, screenings and other solids handling, storage or disposal areas; sludge drying beds; dried sludge piles; compost piles; septage or hauled waste receiving station; and access roads/rail lines.

  18. T.4.3 Best Management Practices (BMPs). (See also Part 4.2.7.2) In addition to the other BMPs considered, consider the following: routing storm water to the treatment works; or covering exposed materials (i.e., from the following areas: grit, screenings and other solids handling, storage or disposal areas; sludge drying beds; dried sludge piles; compost piles; septage or hauled waste receiving station).

  19. T.4.4 Inspections. (See also Part 4.2.7.2.1.5) Include the following areas in all inspections: access roads/rail lines; grit, screenings and other solids handling, storage or disposal areas; sludge drying beds; dried sludge piles; compost piles; septage or hauled waste receiving station areas.

  20. T.4.5 Employee Training. (See also Part 4.2.7.2.1.6) At a minimum, must address the following areas when applicable to a facility: petroleum product management; process chemical management; spill prevention and controls; fueling procedures; general good housekeeping practices; proper procedures for using fertilizer, herbicides and pesticides.

  21. T.4.6 Wastewater and Washwater Requirements. (See also Part 4.4) Attach to your SWPPP a copy of all your current NPDES permits issued for wastewater, industrial, vehicle and equipment washwater discharges or, if an NPDES permit has not yet been issued, a copy of the pending applications. Address any requirements/conditions from the other permits, as appropriate, in the SWPPP. If the washwater is handled in another manner, the disposal method must be described and all pertinent documentation must be attached to the plan.

  22. U Sector U--Food and Kindred Products

  23. U.1 Covered Storm Water Discharges

    The requirements in Part 6.U apply to storm water discharges associated with industrial activity from Food and Kindred Products facilities as identified by the SIC Codes specified in Table 1-1 of Part 1.2.1.

  24. U.2 Industrial Activities Covered by Sector U

    The types of activities that permittees under Sector U are primarily engaged in are:

  25. U.2.1 meat products;

  26. U.2.2 dairy products;

  27. U.2.3 canned, frozen and preserved fruits, vegetables, and food specialties;

  28. U.2.4 grain mill products;

  29. U.2.5 bakery products;

  30. U.2.6 sugar and confectionery products;

  31. U.2.7 fats and oils;

  32. U.2.8 beverages;

  33. U.2.9 miscellaneous food preparations and kindred products and tobacco products manufacturing.

  34. U.3 Limitations on Coverage

    Not covered by this permit: storm water discharges identified under Part 1.2.3 from industrial plant yards, material handling sites; refuse sites; sites used for application or disposal of process wastewaters; sites used for storage and maintenance of material handling equipment; sites used for residential wastewater treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; and storage areas for raw material and intermediate and finished products. This includes areas where industrial activity has taken place in the past and significant materials remain. ``Material handling activities'' include the storage, loading/unloading, transportation or conveyance of any raw material, intermediate product, finished product, by-product or waste product.

  35. U.3.1 Prohibition of Non-Storm Water Discharges. (See also Part 1.2.2.2) Not authorized by this permit: discharges subject to Part 1.2.2.2 include discharges containing: boiler blowdown, cooling tower overflow and blowdown, ammonia refrigeration purging and vehicle washing/clean-out operations.

  36. U.4 Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply with the requirements listed in Part 4.

  37. U.4.1 Drainage Area Site Map. (See also Part 4.2.2.3) Identify the locations of the following activities if they are exposed to precipitation/runoff: vents/stacks from cooking, drying and similar operations; dry product vacuum transfer lines; animal holding pens; spoiled product; and broken product container storage areas.

  38. U.4.2 Potential Pollutant Sources.(See also Part 4.2.4) Describe, in addition to food and kindred products processing-related industrial activities, application and storage of pest control chemicals (e.g., rodenticides, insecticides, fungicides, etc.) used on plant grounds.

  39. U.4.3 Inspections.(See also Part 4.2.7.2.1.5) Inspect on a regular basis, at a minimum, the following areas where the potential for exposure to storm water exists: loading and unloading areas for all significant materials; storage areas including associated containment areas; waste management units; vents and stacks emanating from industrial activities; spoiled product and broken product container holding areas; animal holding pens; staging areas; and air pollution control equipment.

  40. U.4.4 Employee Training.(See also Part 4.2.7.2.1.6) Address pest control in the training program.

  41. U.5 Monitoring and Reporting Requirements. (See also Part 5)

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    Table U-1. Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring

    Subsector (Discharges may be subject to requirements for more

    Parameter

    Benchmark monitoring Numeric limitation than one Sector/Subsector)

    cutoff concentration\1\

    Part or Permit Affected/Supplemental Requirements

    Grain Mill Products (SIC 2041-2048). Total Suspended Solids 100 mg/L................ (TSS). Fats and Oils Products (SIC 2074- Biochemical Oxygen 30 mg/L................. 2079).

    Demand (BOD5). Chemical Oxygen Demand 120 mg/L................ (COD). Nitrate plus Nitrate 0.68 mg/L............... Nitrogen. Total Suspended Solids 100 mg/L ............... (TSS).

    \1\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.

  42. V Sector V--Textile Mills, Apparel and Other Fabric Products

  43. V.1 Covered Storm Water Discharges

    The requirements in Part 6.V apply to storm water discharges associated with industrial activity from Textile Mills, Apparel, and Other Fabric Product Manufacturing as identified by the Activity Code specified under Sector V in Table 1-1 of Part 1.2.1.

  44. V.2 Industrial Activities Covered by Sector V

    The types of activities that permittees under Sector V are primarily engaged in are:

  45. V.2.1 textile mill products, of and regarding facilities and establishments engaged in the preparation of fiber and subsequent manufacturing of yarn, thread, braids, twine, and cordage, the manufacturing of broadwoven fabrics, narrow woven fabrics, knit fabrics, and carpets and rugs from yarn;

  46. V.2.2 processes involved in the dyeing and finishing of fibers, yarn fabrics, and knit apparel;

  47. V.2.3 the integrated manufacturing of knit apparel and other finished articles of yarn;

  48. V.2.4 the manufacturing of felt goods (wool), lace goods, non- woven fabrics, miscellaneous textiles, and other apparel products.

  49. V.3 Limitations on Coverage

  50. V.3.1 Prohibition of Non-Storm Water Discharges. (See also Part 1.2.3.1) Not authorized by this permit: discharges of wastewater (e.g., wastewater resulting from wet processing or from any processes relating to the production process); reused/recycled water; and waters used in cooling towers. If you have these types of discharges from your facility, you must cover them under a separate NPDES permit.

  51. V.4 Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply with the requirements listed in Part 4.

  52. V.4.1 Potential Pollutant Sources. (See also Part 4.2.4) Describe the following additional sources and activities that have potential pollutants associated with them: industrial-specific significant materials and industrial activities (e.g., backwinding, beaming, bleaching, backing bonding, carbonizing, carding, cut and sew operations, desizing , drawing, dyeing locking, fulling, knitting, mercerizing, opening, packing, plying, scouring, slashing, spinning, synthetic-felt processing, textile waste processing, tufting, turning, weaving, web forming, winging, yarn spinning, and yarn texturing).

  53. V.4.2 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)

  54. V.4.2.1 Material Storage Area. Plainly label and store all containerized materials (e.g., fuels, petroleum products, solvents, dyes, etc.) in a protected area, away from drains. Describe and implement measures that prevent or minimize contamination of the storm water runoff from such storage areas, including a description of the containment area or enclosure for those materials stored outdoors. Also consider an inventory control plan to prevent excessive purchasing of potentially hazardous substances. For storing empty chemical drums/ containers, ensure the drums/containers are clean (consider triple- rinsing) and there is no contact of residuals with precipitation/ runoff. Collect and dispose of washwater from these cleanings properly.

  55. V.4.2.2 Material Handling Area. Describe and implement measures that prevent or minimize contamination of storm water runoff from material handling operations and areas. Consider the following (or their equivalents): use of spill/overflow protection; covering fueling areas; and covering/enclosing areas where the transfer of material may occur. Where applicable address the replacement or repair of leaking connections, valves, transfer lines and pipes that may carry chemicals, dyes or wastewater.

  56. V.4.2.3 Fueling Areas. Describe and implement measures that prevent or minimize contamination of storm water runoff from fueling areas. Consider the following (or their equivalents): covering the fueling area, using spill and overflow protection, minimizing runon of storm water to the fueling areas, using dry cleanup methods, and treating and/or recycling storm water runoff collected from the fueling area.

  57. V.4.2.4 Above Ground Storage Tank Area. Describe and implement measures that prevent or minimize contamination of the storm water runoff from above ground storage tank areas, including the associated piping and valves. Consider the following (or their equivalents): regular cleanup of these areas; preparation of the spill prevention control and countermeasure program, provide spill and overflow protection; minimizing runoff of storm water from adjacent areas; restricting access to the area; insertion of filters in adjacent catch basins; providing absorbent booms in unbermed fueling areas; using dry cleanup methods; and permanently sealing drains within critical areas that may discharge to a storm drain.

  58. V.4.3 Inspections. (See also Part 4.2.7.2.1.5) Inspect, at least on a monthly basis, the following activities and areas (at a minimum): transfer and transmission lines; spill prevention; good housekeeping practices; management of process waste products; all structural and non structural management practices.

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  59. V.4.4 Employee Training. (See also Part 4.2.7.2.1.6) As part of your employee training program, address, at a minimum, the following activities (as applicable): use of reused/recycling waters; solvents management; proper disposal of dyes; proper disposal of petroleum products and spent lubricants; spill prevention and control; fueling procedures; and general good housekeeping practices.

  60. V.4.5 Comprehensive Site Compliance Evaluation. (See also Part 4.9) Conduct regularly scheduled evaluations at least once a year and address those areas contributing to a storm water discharge associated with industrial activity for evidence of, or the potential for, pollutants entering the drainage system. Inspect, at a minimum, as appropriate: storage tank areas; waste disposal and storage areas; dumpsters and open containers stored outside; materials storage areas; engine maintenance and repair areas; material handing areas and loading dock areas.

  61. W Sector W--Furniture and Fixtures

  62. W.1 Covered Storm Water Discharges

    The requirements in Part 6.W apply to storm water discharges associated with industrial activity from Furniture and Fixtures facilities as identified by the Activity Code specified under Sector W in Table 1-1 of Part 1.2.1.

  63. W.2 Industrial Activities Covered by Sector W

    The types of activities that permittees under Sector W are primarily engaged in the manufacturing of:

  64. W.2.1 wood kitchen cabinets;

  65. W.2.2 household furniture;

  66. W.2.3 office furniture;

  67. W.2.4 public buildings and related furniture;

  68. W.2.5 partitions, shelving, lockers, and office and store fixtures;

  69. W.2.6 miscellaneous furniture and fixtures.

  70. W.3 Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply with the requirements listed in Part 4.

  71. W.3.1 Drainage Area Site Map. (See also Part 4.2.2.3) Identify where any of the following may be exposed to precipitation/surface runoff: material storage (including tanks or other vessels used for liquid or waste storage) areas; outdoor material processing areas; areas where wastes are treated, stored or disposed; access roads; and rail spurs.

  72. X Sector X--Printing and Publishing

  73. X.1 Covered Storm Water Discharges

    The requirements in Part 6.X apply to storm water discharges associated with industrial activity from Printing and Publishing facilities as identified by the Activity Code specified under Sector X in Table 1.1 of Part 1.2.1.

  74. X.2 Industrial Activities Covered by Sector X

    The types of activities that permittees under Sector X are primarily engaged in are:

  75. X.2.1 book printing;

  76. X.2.2 commercial printing and lithographics;

  77. X.2.3 plate making and related services;

  78. X.2.4 commercial printing, gravure;

  79. X.2.5 commercial printing not elsewhere classified.

  80. X.3 Storm Water Pollution Prevention Plan Requirements

    In addition to the following requirements, you must also comply with the requirements listed in Part 4.

  81. X.3.1 Drainage Area Site Map. (See also Part 4.2.2.3) Identify where any of the following may be exposed to precipitation/surface runoff: above ground storage tanks, drums and barrel permanently stored outside.

  82. X.3.2 Potential Pollutant Sources. (See also Part 4.2.4) Describe the following additional sources and activities that have potential pollutants associated with them, as applicable: loading and unloading operations; outdoor storage activities; significant dust or particulate generating processes; and onsite waste disposal practices (e.g., blanket wash). Also identify the pollutant or pollutant parameter (e.g., oil and grease, scrap metal, etc.) associated with each pollutant source.

  83. X.3.3 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)

  84. X.3.3.1 Material Storage Areas. Plainly label and store all containerized materials (e.g., skids, pallets, solvents, bulk inks, and hazardous waste, empty drums, portable/mobile containers of plant debris, wood crates, steel racks, fuel oil, etc.) in a protected area, away from drains. Describe and implement measures that prevent or minimize contamination of the storm water runoff from such storage areas, including a description of the containment area or enclosure for those materials stored outdoors. Also consider an inventory control plan to prevent excessive purchasing of potentially hazardous substances.

  85. X.3.3.2 Material Handling Area. Describe and implement measures that prevent or minimize contamination of storm water runoff from material handling operations and areas (e.g., blanket wash, mixing solvents, loading/unloading materials). Consider the following (or their equivalents): use of spill/overflow protection; covering fueling areas; and covering/enclosing areas where the transfer of materials may occur. Where applicable address the replacement or repair of leaking connections, valves, transfer lines and pipes that may carry chemicals or wastewater.

  86. X.3.3.3 Fueling Areas. Describe and implement measures that prevent or minimize contamination of storm water runoff from fueling areas. Consider the following (or their equivalents): covering the fueling area, using spill and overflow protection, minimizing runoff of storm water to the fueling areas, using dry cleanup methods, and treating and/or recycling storm water runoff collected from the fueling area.

  87. X.3.3.4 Above Ground Storage Tank Area. Describe and implement measures that prevent or minimize contamination of the storm water runoff from above ground storage tank areas, including the associated piping and valves. Consider the following (or their equivalents): regular cleanup of these areas; preparation of the spill prevention control and countermeasure program, provide spill and overflow protection; minimizing runoff of storm water from adjacent areas; restricting access to the area; insertion of filters in adjacent catch basins; providing absorbent booms in unbermed fueling areas; using dry cleanup methods; and permanently sealing drains within critical areas that may discharge to a storm drain.

  88. X.3.4 Employee Training. (See also Part 4.2.7.2.1.6) As part of your employee training program, address, at a minimum, the following activities (as applicable): spent solvent management; spill prevention and control; used oil management; fueling procedures; and general good housekeeping practices.

  89. Y Sector Y--Rubber, Miscellaneous Plastic Products and Miscellaneous Manufacturing Industries

  90. Y.1 Covered Storm Water Discharges

    The requirements in Part 6.Y apply to storm water discharges associated with industrial activity from Rubber, Miscellaneous Plastic Products and Miscellaneous Manufacturing Industries facilities as identified by the Activity

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    Code specified under Sector Y in Table 1-1 of Part 1.2.1.

  91. Y.2 Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply with the requirements listed in Part 4.

  92. Y.2.1 Potential Pollutant Sources. (See also Part 4.2.4) Review the use of zinc at your facility and the possible pathways through which zinc may be discharged in storm water runoff.

  93. Y.2.2 Controls for Rubber Manufacturers. (See also Part 4.2.7) Describe and implement specific controls to minimize the discharge of zinc in your storm water discharges. Parts 6.Y.2.2.1 to 6.Y.2.2.5 give possible sources of zinc to be reviewed and list some specific BMPs to be considered for implementation (or their equivalents). Some general BMP options to consider: using chemicals which are purchased in pre- weighed, sealed polyethylene bags; storing materials which are in use in sealable containers; ensuring an airspace between the container and the cover to minimize ``puffing'' losses when the container is opened; and using automatic dispensing and weighing equipment.

  94. Y.2.2.1 Inadequate Housekeeping. Review the handling and storage of zinc bags at your facility. BMP options: employee training on the handling/storage of zinc bags; indoor storage of zinc bags; cleanup zinc spills without washing the zinc into the storm drain, and the use of 2,500-pound sacks of zinc rather than 50- to 100-pound sacks;

  95. Y.2.2.2 Dumpsters. Reduce discharges of zinc from dumpsters. BMP options: covering the dumpster; moving the dumpster indoors; or provide a lining for the dumpster.

  96. Y.2.2.3 Malfunctioning Dust Collectors or Baghouses: Review dust collectors/baghouses as possible sources in zinc in storm water runoff. Replace or repair, as appropriate, improperly operating dust collectors/baghouses.

  97. Y.2.2.4 Grinding Operations.

    Review dust generation from rubber grinding operations and, as appropriate, install a dust collection system.

  98. Y.2.2.5 Zinc Stearate Coating Operations. Detail appropriate measures to prevent or clean up drips/spills of zinc stearate slurry that may be released to the storm drain. BMP option: using alternate compounds to zinc stearate.

  99. Y.2.3 Controls for Plastic Products Manufacturers. Describe and implement specific controls to minimize the discharge of plastic resin pellets in your storm water discharges. BMPs to be considered for implementation (or their equivalents): minimizing spills; cleaning up of spills promptly and thoroughly; sweeping thoroughly; pellet capturing; employee education and disposal precautions.

  100. Y.3 Monitoring and Reporting Requirements. (See also Part 5)

    Table Y-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring

    Benchmark monitoring Subsector

    Parameter

    cutoff concentration Numeric limitations

    Part of Permit Affected/Supplemental Requirements

    Tires and Inner Tubes; Rubber

    Total Recoverable Zinc. 0.117 mg/L

    ....................... Footwear; Gaskets, Packing and Sealing Devices; Rubber Hose and Belting; and Fabricated Rubber Products, Not Elsewhere Classified (SIC 3011-3069, rubber.

    \1\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.

  101. Z Sector Z--Leather Tanning and Finishing

  102. Z.1 Covered Storm Water Discharges

    The requirements in Part 6.Z apply to storm water discharges associated with industrial activity from Leather Tanning and Finishing facilities as identified by the Activity Code specified under Sector Z in Table 1-1 of Part 1.2.1.

  103. Z.2 Industrial Activities Covered by Sector Z

    The types of activities that permittees under Sector Z are primarily engaged are leather tanning, curry and finishing;

  104. Z.3 Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply with the requirements listed in Part 4.

  105. Z.3.1 Drainage Area Site Map. (See also Part 4.2.2.3) Identify where any of the following may be exposed to precipitation/surface runoff: processing and storage areas of the beamhouse, tanyard, and re- tan wet finishing and dry finishing operations; and haul roads, access roads and rail spurs.

  106. Z.3.2 Potential Pollutant Sources. (See also Part 4.2.4) At a minimum, describe the following additional sources and activities that have potential pollutants associated with them (as appropriate): temporary or permanent storage of fresh and brine cured hides; extraneous hide substances and hair; leather dust, scraps, trimmings and shavings; chemical drums, bags, containers and above ground tanks; empty chemical containers and bags; spent solvents; floor sweepings/ washings; refuse, waste piles and sludge; and significant dust/ particulate generating processes (e.g., buffing).

  107. Z.3.3 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)

  108. Z.3.3.1 Storage Areas for Raw, Semiprocessed or Finished Tannery Byproducts. Pallets/bales of raw, semiprocessed or finished tannery byproducts (e.g., splits, trimmings, shavings, etc.) should be stored indoors or protected by polyethylene wrapping, tarpaulins, roofed storage, etc. Consider placing materials on an impermeable surface, and enclosing or putting berms (or equivalent measures) around the area to prevent storm water runon/runoff.

  109. Z.3.3.2 Material Storage Areas. Label storage containers of all materials (e.g., specific chemicals, hazardous materials, spent solvents, waste materials). Describe and implement measures that prevent/minimize contact with storm water.

  110. Z.3.3.3 Buffing and Shaving Areas. Describe and implement measures that prevent or minimize contamination of storm water runoff with leather dust from buffing/shaving areas. Consider dust collection enclosures, preventive inspection/maintenance programs or other appropriate preventive measures.

  111. Z.3.3.4 Receiving, Unloading, and Storage Areas. Describe and implement measures that prevent or minimize contamination of storm water runoff from receiving, unloading, and storage areas. If these areas are exposed, consider (or their equivalent): Covering all hides and chemical supplies; diverting drainage to the process sewer;

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    or grade berming/curbing area to prevent runoff of storm water.

  112. Z.3.3.5 Outdoor Storage of Contaminated Equipment. Describe and implement measures that prevent or minimize contact of storm water with contaminated equipment. Consider (or their equivalent): Covering equipment; diverting drainage to the process sewer; and cleaning thoroughly prior to storage.

  113. Z.3.3.6 Waste Management. Describe and implement measures that prevent or minimize contamination of storm water runoff from waste storage areas. Consider (or their equivalent): Inspection/maintenance programs for leaking containers or spills; covering dumpsters; moving waste management activities indoors; covering waste piles with temporary covering material such as tarpaulins or polyethylene; and minimizing storm water runoff by enclosing the area or building berms around the area.

  114. AA Sector AA--Fabricated Metal Products

  115. AA.1 Covered Storm Water Discharges

    The requirements in Part 6.AA apply to storm water discharges associated with industrial activity from Fabricated Metal Products facilities as identified by the Activity Code specified under Sector AA in Table 1-1 of Part 1.2.1.

  116. AA.2 Industrial Activities Covered by Sector AA

    The types of activities that permittees under Sector AA are primarily engaged in are:

  117. AA.2.1 Fabricated metal products; except for electrical related industries;

  118. AA.2.2 Fabricated metal products; except machinery and transportation equipment;

  119. AA.2.3 Jewelry, silverware, and plated ware.

  120. AA.3 Storm Water Pollution Prevention Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply with the requirements listed in Part 4.

  121. AA.3.1 Drainage Area Site Map. (See also Part 4.2.2.3) Identify where any of the following may be exposed to precipitation/surface runoff: Raw metal storage areas; finished metal storage areas; scrap disposal collection sites; equipment storage areas; retention and detention basins; temporary/permanent diversion dikes or berms; right- of-way or perimeter diversion devices; sediment traps/barriers; processing areas including outside painting areas; wood preparation; recycling; and raw material storage.

  122. AA.3.2 Spills and Leaks. (See also Part 4.2.5) When listing significant spills/leaks, pay attention to the following materials at a minimum: Chromium, toluene, pickle liquor, sulfuric acid, zinc and other water priority chemicals and hazardous chemicals and wastes.

  123. AA.3.3 Potential Pollutant Sources. (See also Part 4.2.4) Describe the following additional sources and activities that have potential pollutants associated with them: Loading and unloading operations for paints, chemicals and raw materials; outdoor storage activities for raw materials, paints, empty containers, corn cob, chemicals, and scrap metals; outdoor manufacturing or processing activities such as grinding, cutting, degreasing, buffing, brazing, etc; onsite waste disposal practices for spent solvents, sludge, pickling baths, shavings, ingots pieces, refuse and waste piles.

  124. AA.3.4 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)

  125. AA.3.4.1 Raw Steel Handling Storage. Describe and implement measures controlling or recovering scrap metals, fines and iron dust. Include measures for containing materials within storage handling areas.

  126. AA.3.4.2 Paints and Painting Equipment. Describe and implement measures to prevent or minimize exposure of paint and painting equipment to storm water.

  127. AA.3.5 Spill Prevention and Response Procedures. (See also Part 4.2.7.2.1.4) Ensure the necessary equipment to implement a clean up is available to personnel. The following areas should be addressed:

  128. AA.3.5.1 Metal Fabricating Areas. Describe and implement measures for maintaining clean, dry, orderly conditions in these areas. Consider the use of dry clean-up techniques.

  129. AA.3.5.2 Storage Areas for Raw Metal. Describe and implement measures to keep these areas free of condition that could cause spills or leakage of materials. Consider the following (or their equivalents): maintaining storage areas such that there is easy access in the event of a spill; and labeling stored materials to aid in identifying spill contents.

  130. AA.3.5.3 Receiving, Unloading, and Storage Areas. Describe and implement measures to prevent spills and leaks; plan for quick remedial clean up; and instruct employees on clean-up techniques and procedures.

  131. AA.3.5.4 Storage of Equipment. Describe and implement measures for preparing equipment for storage and the proper storage of equipment. Consider the following (or their equivalents): protecting with covers; storing indoors; and cleaning potential pollutants from equipment to be stored outdoors.

  132. AA.3.5.5 Metal Working Fluid Storage Areas. Describe and implement measures for storage of metal working fluids.

  133. AA.3.5.6 Cleaners and Rinse Water. Describe and implement measures: to control/cleanup spills of solvents and other liquid cleaners; control sand buildup and disbursement from sand-blasting operations; and prevent exposure of recyclable wastes. Substitute environmentally-benign cleaners when possible.

  134. AA.3.5.7 Lubricating Oil and Hydraulic Fluid Operations. Consider using monitoring equipment or other devices to detect and control leaks/overflows. Consider installing perimeter controls such as dikes, curbs, grass filter strips or other equivalent measures.

  135. AA.3.5.8 Chemical Storage Areas. Describe and implement proper storage methods that prevent storm water contamination and accidental spillage. Include a program to inspect containers and identify proper disposal methods.

  136. AA.3.6 Inspections. (See also Part 4.2.7.2.1.5) Include, at a minimum, the following areas in all inspections: raw metal storage areas; finished product storage areas; material and chemical storage areas; recycling areas; loading and unloading areas; equipment storage areas; paint areas; vehicle fueling and maintenance areas.

  137. AA.3.7 Comprehensive Site Compliance Evaluation. (See also Part 4.9.2) As part of your evaluation, also inspect: areas associated with the storage of raw metals; storage of spent solvents and chemicals; outdoor paint areas; and drainage from roof. Potential pollutants include chromium, zinc, lubricating oil, solvents, aluminum, oil and grease, methyl ethyl ketone, steel and other related materials.

  138. AA.4 Monitoring and Reporting Requirements

    (See also Part 5)

    [[Page 64851]]

    Table AA-1.--Sector-Specific Numeric Limitations and Benchmark Monitoring

    Subsector (Discharges may be subject to requirements for more

    Parameter

    Benchmark, monitoring, Numeric limitation than one sector/subsector)

    cutoff, concentration\1\

    Part of Permit Affected/Supplemental Requirements

    Fabricated Metal Products Except Total Recoverable

    0.75 mg/L............... Coating (SIC 3411-3471, 3482-3499, Aluminum. 3911-3915). Total Recoverable Iron. 1.0 mg/L................ Total Recoverable Zinc. 0.117 mg/L.............. Nitrate plus Nitrite 0.68 mg/L............... Nitrogen. Fabricated Metal Coating and

    Total Recoverable Zinc. 0.117 mg/L.............. Engraving (SIC 3479). Nitrate plus Nitrite 0.68 mg/L .............. Nitrogen.

    \1\ Monitor once/quarter for the year 2 and year 4 Monitoring Years

  139. AB Sector AB--Transportation Equipment, Industrial or Commercial Machinery

  140. AB.1 Covered Storm Water Discharges

    The requirements in Part 6.AB apply to storm water discharges associated with industrial activity from Transportation Equipment, Industrial or Commercial Machinery facilities as identified by the Activity Code specified under Sector AB in Table 1-1 of Part 1.2.1.

  141. AB.2 Industrial Activities Covered by Sector AB

    The types of activities that permittees under Sector AB are primarily engaged in are:

  142. AB.2.1 Industrial and Commercial Machinery (except Computer and Office Equipment) (see Sector AC); and

  143. AB.2.2 Transportation Equipment (except Ship and Boat Building and Repairing) (see Sector R).

  144. AB.3 Storm Water Pollution Plan (SWPPP) Requirements

    In addition to the following requirements, you must also comply with the requirements listed in Part 4.

  145. AB.3.1 Drainage Area Site Map. (See also Part 4.2.2.3) Identify where any of the following may be exposed to precipitation/surface runoff: vents and stacks from metal processing and similar operations.

  146. AB.3.2 Non-Storm Water Discharges. (See also Part 4.4) If your facility has a separate NPDES permit (or has applied for a permit) authorizing discharges of wastewater, attach a copy of the permit (or the application) to your SWPPP. Any new wastewater permits issued/ reissued to you must then replace the old one in your SWPPP. If you discharge wastewater, other than solely domestic wastewater, to a Publicly Owned Treatment Works (POTW), you must notify the POTW of the discharge (identify the types of wastewater discharged, including any storm water). As proof of this notification, attach to your SWPPP a copy of the permit issued to your facility by the POTW or a copy of your notification to the POTW.

  147. AC Sector AC--Electronic, Electrical Equipment and Components, Photographic and Optical Goods

  148. AC.1 Covered Storm Water Discharges

    The requirements in Part 6.AC apply to storm water discharges associated with industrial activity from facilities that manufacture Electronic, Electrical Equipment and Components, Photographic and Optical Goods as identified by the SIC Codes specified in Table 1-1 of Part 1.2.1.

  149. AC.2 Industrial Activities Covered by Sector AC

    The types of manufacturing activities that permittees under Sector AC are primarily engaged in are:

  150. AC.2.1 Measuring, analyzing, and controlling instruments;

  151. AC.2.2 Photographic, medical and optical goods;

  152. AC.2.3 Watches and clocks; and

  153. AC.2.4 Computer and office equipment.

  154. AC.3 Additional Requirements

    No additional sector-specific requirements apply to this sector.

  155. AD Storm Water Discharges Designated by the Director as Requiring Permits

  156. AD.1 Covered Storm Water Discharges

    Sector AD is used to provide permit coverage for facilities designated by the Director as needing a storm water permit, or any discharges of industrial activity that do not meet the description of an industrial activity covered by Sectors A-AC. Therefore, almost any type of storm water discharge could be covered under this sector. You must be assigned to Sector AD by the Director and may NOT choose sector AD as the sector describing your activities on your own.

  157. AD.1.1 Eligibility for Permit Coverage. Because this Sector only covers discharges designated by the Director as needing a storm water permit (which is an atypical circumstance) or your facility's industrial activities were inadvertently left out of Sectors A-AC, and your facility may or may not normally be discharging storm water associated with industrial activity, you must obtain the Director's written permission to use this permit prior to submitting a Notice of Intent. If you are authorized to use this permit, you will be required to ensure your discharges meet the basic eligibility provisions of this permit at Part 1.2.

  158. AD.2 Storm Water Pollution Prevention Plan (SWPPP) Requirements

    The Director will establish any additional Storm Water Pollution Prevention Plan requirements for your facility at the time of accepting your Notice of Intent to be covered by this permit. Additional requirements would be based on the nature of activities at your facility and your storm water discharges.

  159. AD.3 Monitoring and Reporting Requirements

    The Director will establish any additional monitoring and reporting requirements for your facility at the time of accepting your Notice of Intent to be covered by this permit. Additional requirements would be based on the nature of activities at your facility and your storm water discharges.

  160. Reporting

    7.1 Reporting Results of Monitoring

    Depending on the types of monitoring required for your facility, you may have to submit the results of your monitoring or you may only have to keep the results

    [[Page 64852]]

    with your Storm Water Pollution Prevention Plan. You must follow the reporting requirements and deadlines in Table 7-1 that apply to the types of monitoring that apply to your facility.

    If required by the conditions of the permit that apply to your facility, you must submit analytical monitoring results obtained from each outfall associated with industrial activity (or a certification as per 5.3.1) on a Discharge Monitoring Report (DMR) form (one form must be submitted for each storm event sampled). An example of a form is found in the Guidance Manual for the Monitoring and Reporting Requirements of the NPDES Storm Water Multi-Sector General Permit. A copy of the DMR is also available on the Internet at http:// www.epa.gov/owm/sw/permits-and-forms/index.htm. The signed DMR must be sent to: MSGP DMR (4203), US EPA, 1200 Pennsylvania Avenue NW., Washington, DC 20460.

    Note: If EPA notifies dischargers (either directly, by public notice or by making information available on the Internet) of other DMR form options that become available at a later date (e.g., electronic submission of forms), you may take advantage of those options to satisfy the DMR use and submission requirements of Part 7.

    Table 7-1.--DMR/Alternative Certification Submission Deadlines

    Type of monitoring

    Reporting deadline (postmark)

    Monitoring for Numeric

    Submit results by the 28th day of the Limitation.

    month following the monitoring period. Benchmark Monitoring:

    Monitoring Year 2001-2002 Save and submit all results for year in one package by January 28, 2003.

    Monitoring Year 2003-2004 Save and submit all results for year in one package by January 28, 2005. Biannual Monitoring for Metal Save and submit all results for year in Mining Facilities (see Part one package by January 28 of the year 6.G).

    following the monitoring year. Visual Monitoring............ Retain results with SWPPP--do not submit unless requested to do so by Permitting Authority. State/Tribal/Territory-- See Part 13 (conditions for specific Specific Monitoring.

    States, Indian country, and Territories).

    7.2 Additional Reporting for Dischargers to a Large or Medium Municipal Separate Storm Sewer System

    If you discharge storm water discharge associated with industrial activity through a large or medium municipal separate storm sewer system (systems serving a population of 100,000 or more), you must also submit signed copies of your discharge monitoring reports to the operator of the municipal separate storm sewer system in accordance with the dates provided in Table 7-1.

    7.3 Miscellaneous Reports

    You must submit any other reports required by this permit to the Director of the NPDES program at the address of the appropriate Regional Office listed in Part 8.3.

  161. Retention of Records

    8.1 Documents

    In addition to the requirements of Part 9.16.2, you must retain copies of Storm Water Pollution Prevention Plans and all reports and certifications required by this permit, and records of all data used to complete the Notice of Intent to be covered by this permit, for a period of at least three years from the date that the facility's coverage under this permit expires or is terminated. This period may be extended by request of the Director at any time.

    8.2 Accessibility

    You must retain a copy of the Storm Water Pollution Prevention Plan required by this permit (including a copy of the permit language) at the facility (or other local location accessible to the Director, a State, Tribal or Territorial agency with jurisdiction over water quality protection; local government officials; or the operator of a municipal separate storm sewer receiving discharges from the site) from the date of permit coverage to the date of permit coverage ceases. You must make a copy of your Storm Water Pollution Prevention Plan available to the public if requested to do so in writing.

    8.3 Addresses

    Except for the submittal of NOIs and NOTs (see Parts 2.1 and 11.2, respectively), all written correspondence concerning discharges in any State, Indian country land, Territory, or from any Federal facility covered under this permit and directed to the EPA, including the submittal of individual permit applications, must be sent to the address of the appropriate EPA Regional Office listed below:

    8.3.1 Region 1: CT, MA, ME, NH, RI, VT

    EPA Region 1, Office of Ecosystem Protection, One Congress Street-- CMU, Boston, MA 02114.

    8.3.2 Region 2: NJ, NY, PR, VI

    United States EPA, Region 2, Caribbean Environmental Protection Division, Environmental Management Branch, Centro Europa Building, 1492 Ponce de Leon Ave., Suite 417, San Juan, PR 00907-4127.

    8.3.3 Region 3: DE, DC, MD, PA, VA, WV

    EPA Region 3, Water Protection Division (3WP13), Storm Water Coordinator, 1650 Arch Street, Philadelphia, PA 19103.

    8.3.4 Region 4: AL, FL, GA, KY, MS, NC, SC, TN

    Environmental Protection Agency, Region 4, Clean Water Act Enforcement Section, Water Programs Enforcement Branch, Water Management Division, Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, GA 30303.

    8.3.5 Region 5: IL, IN, MI, MN, OH, WI

    (Coverage Not Available Under This Permit.)

    8.3.6 Region 6: AR, LA, OK, TX, NM

    (Except see Region 9 for Navajo lands, and see Region 8 for Ute Mountain Reservation lands)

    United States EPA, Region 6, Storm Water Staff, Enforcement and Compliance Assurance Division (GEN-WC), EPA SW MSGP, P.O. Box 50625, Dallas, TX 75205.

    8.3.7 Region 7:

    (Coverage Not Available Under This Permit.)

    8.3.8 Region 8: CO, MT, ND, SD, WY, UT

    (Except see Region 9 for Goshute Reservation and Navajo Reservation lands), the Ute Mountain Reservation in NM, and the Pine Ridge Reservation in NE

    United States EPA, Region 8, Ecosystems Protection Program (8EPR-

    [[Page 64853]]

    EP), Storm Water Staff, 999 18th Street, Suite 300, Denver, CO 80202- 2466.

    8.3.9 Region 9: AZ, CA, HI, NV, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Goshute Reservation in UT and NV, the Navajo Reservation in UT, NM, and AZ, the Duck Valley Reservation in ID, Fort McDermitt Reservation in OR

    United States EPA, Region 9, Water Management Division, WTR-5, Storm Water Staff, 75 Hawthorne Street, San Francisco, CA 94105.

    8.3.10 Region 10: ID, WA, OR

    (Except see Region 9 for Fort McDermitt Reservation.)

    United States EPA, Region 10, Office of Water OW-130, 1200 6th Avenue, Seattle, WA 98101.

    8.4 State, Tribal, and Other Agencies

    See Part 13 for addresses of States or Tribes that require submission of information to their agencies.

  162. Standard Permit Conditions

    9.1 Duty To Comply

    9.1.1 You must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.

    9.1.2 Penalties for Violations of Permit Conditions: The Director will adjust the civil and administrative penalties listed below in accordance with the Civil Monetary Penalty Inflation Adjustment Rule (Federal Register: December 31, 1996, Volume 61, Number 252, pages 69359-69366, as corrected, March 20, 1997, Volume 62, Number 54, pages 13514-13517) as mandated by the Debt Collection Improvement Act of 1996 for inflation on a periodic basis. This rule allows EPA's penalties to keep pace with inflation. The Agency is required to review its penalties at least once every four years thereafter and to adjust them as necessary for inflation according to a specified formula. The civil and administrative penalties listed below were adjusted for inflation starting in 1996.

    9.1.2.1 Criminal Penalties.

    9.1.2.1.1 Negligent Violations.

    The CWA provides that any person who negligently violates permit conditions implementing sections 301, 302, 306, 307, 308, 318, or 405 of the Act is subject to a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than 1 year, or both.

    9.1.2.1.2 Knowing Violations. The CWA provides that any person who knowingly violates permit conditions implementing sections 301, 302, 306, 307, 308, 318, or 405 of the Act is subject to a fine of not less than $5,000 nor more than $50,000 per day of violation, or by imprisonment for not more than 3 years, or both.

    9.1.2.1.3 Knowing Endangerment. The CWA provides that any person who knowingly violates permit conditions implementing sections 301, 302, 306, 307, 308, 318, or 405 of the Act and who knows at that time that he is placing another person in imminent danger of death or serious bodily injury is subject to a fine of not more than $250,000, or by imprisonment for not more than 15 years, or both.

    9.1.2.1.4 False Statement. The CWA provides that any person who knowingly makes any false material statement, representation, or certification in any application, record, report, plan, or other document filedor required to be maintained under the Act or who knowingly falsifies, tampers with, or renders inaccurate, any monitoring device or method required to be maintained under the Act, shall upon conviction, be punished by a fine of not more than $10,000 or by imprisonment for not more than two years, or by both. If a conviction is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or by both. (See section 309(c)(4) of the Clean Water Act.)

    9.1.2.2 Civil Penalties. The CWA provides that any person who violates a permit condition implementing sections 301, 302, 306, 307, 308, 318, or 405 of the Act is subject to a civil penalty not to exceed $27,500 per day for each violation.

    9.1.2.3 Administrative Penalties. The CWA provides that any person who violates a permit condition implementing sections 301, 302, 306, 307, 308, 318, or 405 of the Act is subject to an administrative penalty, as follows:

    9.1.2.3.1 Class I Penalty. Not to exceed $11,000 per violation nor shall the maximum amount exceed $27,500.

    9.1.2.3.2 Class II Penalty. Not to exceed $11,000 per day for each day during which the violation continues nor shall the maximum amount exceed $137,500.

    9.2 Continuation of the Expired General Permit

    If this permit is not reissued or replaced prior to the expiration date, it will be administratively continued in accordance with the Administrative Procedures Act and remain in force and effect. Any permittee who was granted permit coverage prior to the expiration date will automatically remain covered by the continued permit until the earlier of:

    9.2.1 Reissuance or replacement of this permit, at which time you must comply with the Notice of Intent conditions of the new permit to maintain authorization to discharge; or

    9.2.2 Your submittal of a Notice of Termination; or

    9.2.3 Issuance of an individual permit for your discharges; or

    9.2.4 A formal permit decision by the Director not to reissue this general permit, at which time you must seek coverage under an alternative general permit or an individual permit.

    9.3 Need To Halt or Reduce Activity Not a Defense

    It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

    9.4 Duty To Mitigate

    You must take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment.

    9.5 Duty To Provide Information

    You must furnish to the Director or an authorized representative of the Director any information which is requested to determine compliance with this permit or other information.

    9.6 Other Information

    If you become aware that you have failed to submit any relevant facts or submitted incorrect information in the Notice of Intent or in any other report to the Director, you must promptly submit such facts or information.

    9.7 Signatory Requirements

    All Notices of Intent, Notices of Termination, Storm Water Pollution Prevention Plans, reports, certifications or information either submitted to the Director or the operator of a large or medium municipal separate storm sewer system, or that this permit requires be maintained by you, must be signed as follows:

    [[Page 64854]]

    9.7.1 All notices of intent and notices of termination must be signed as follows:

    9.7.1.1 For a corporation: By a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

    9.7.1.2 For a partnership or sole proprietorship: By a general partner or the proprietor, respectively; or

    9.7.1.3 For a municipality, State, Federal, or other public agency: By either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a Federal agency includes: (1) The chief executive officer of the agency, or (2) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of EPA).

    9.7.2 All reports required by this permit and other information must be signed as follows:

    9.7.2.1 All reports required by this permit and other information requested by the Director or authorized representative of the Director must be signed by a person described in Part 9.7.1 or by a duly authorized representative of that person.

    9.7.2.2 A person is a duly authorized representative only if the authorization is made in writing by a person described Part 9.7.1 and submitted to the Director.

    9.7.2.3 The authorization must specify either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of manager, operator, superintendent, or position of equivalent responsibility or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position).

    9.7.3 Changes to Authorization. If the information on the NOI filedfor permit coverage is no longer accurate because a different operator has responsibility for the overall operation of the facility, a new Notice of Intent satisfying the requirements of Part 2 must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative. The change in authorization must be submitted within the time frame specified in Part 2.1, and sent to the address specified in Part 2.4.

    9.7.4 Certification. Any person signing documents under Part 9.7 must make the following certification:

    I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

    9.8 Penalties for Falsification of Reports

    Section 309(c)(4) of the Clean Water Act provides that any person who knowingly makes any false material statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than two years, or by both.

    9.9 Oil and Hazardous Substance Liability

    Nothing in this permit shall be construed to preclude the institution of any legal action or relieve you from any responsibilities, liabilities, or penalties to which you are or may be subject under section 311 of the CWA or section 106 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA).

    9.10 Property Rights

    The issuance of this permit does not convey any property rights of any sort, nor any exclusive privileges, nor does it authorize any injury to private property nor any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations.

    9.11 Severability

    The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit shall not be affected thereby.

    9.12 Requiring Coverage Under an Individual Permit or an Alternative General Permit

    9.12.1 Eligibility for this permit does not confer a vested right to coverage under the permit.

    The Director may require any person authorized by this permit to apply for and/or obtain either an individual NPDES permit or an alternative NPDES general permit. Any interested person may petition the Director to take action under this paragraph. Where the Director requires a permittee authorized to discharge under this permit to apply for an individual NPDES permit, the Director will notify you in writing that a permit application is required. This notification will include a brief statement of the reasons for this decision, an application form, a statement setting a deadline for you to file the application, and a statement that on the effective date of issuance or denial of the individual NPDES permit or the alternative general permit as it applies to the individual permittee, coverage under this general permit will automatically terminate. Applications must be submitted to the appropriate Regional Office indicated in Part 8.3 of this permit. The Director may grant additional time to submit the application upon request of the applicant. If a permittee fails to submit in a timely manner an individual NPDES permit application as required by the Director under this paragraph, then the applicability of this permit to the individual NPDES permittee is automatically terminated at the end of the day specified by the Director for application submittal.

    9.12.2 Any permittee authorized by this permit may request to be excluded from the coverage of this permit by applying for an individual permit. In such cases, you must submit an individual application in accordance with the requirements of 40 CFR 122.26(c)(1)(ii), with reasons supporting the request, to the Director at the address for the appropriate Regional

    [[Page 64855]]

    Office indicated in Part 8.3 of this permit. The request may be granted by issuance of any individual permit or an alternative general permit if the reasons cited by you are adequate to support the request.

    9.12.3 When an individual NPDES permit is issued to a permittee otherwise subject to this permit, or the permittee is authorized to discharge under an alternative NPDES general permit, the applicability of this permit to the individual NPDES permittee is automatically terminated on the effective date of the individual permit or the date of authorization of coverage under the alternative general permit, whichever the case may be. When an individual NPDES permit is denied to an owner or operator otherwise subject to this permit, or the owner or operator is denied for coverage under an alternative NPDES general permit, the applicability of this permit to the individual NPDES permittee is automatically terminated on the date of such denial, unless otherwise specified by the Director.

    9.12.4 The Director's notification that coverage under an alternative permit is required does not imply that any discharge that did not or does not meet the eligibility requirements of Part 1.2 is or has been covered by this permit.

    9.13 State/Tribal Environmental Laws

    9.13.1 Nothing in this permit will be construed to preclude the institution of any legal action or relieve you from any responsibilities, liabilities, or penalties established pursuant to any applicable State/Tribal law or regulation under authority preserved by section 510 of the Act.

    9.13.2 No condition of this permit releases you from any responsibility or requirements under other environmental statutes or regulations.

    9.14 Proper Operation and Maintenance

    You must at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by you to achieve compliance with the conditions of this permit and with the requirements of Storm Water Pollution Prevention Plans. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. Proper operation and maintenance requires the operation of backup or auxiliary facilities or similar systems, installed by a permittee only when necessary to achieve compliance with the conditions of this permit.

    9.15 Inspection and Entry

    You must allow the Director or an authorized representative of EPA, the State/Tribe, or, in the case of a facility which discharges through a municipal separate storm sewer, an authorized representative of the municipal owner/operator or the separate storm sewer receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to:

    9.15.1 Enter upon the your premises where a regulated facility or activity is located or conducted or where records must be kept under the conditions of this permit;

    9.15.2 Have access to and copy at reasonable times, any records that must be kept under the conditions of this permit; and

    9.15.3 Inspect at reasonable times any facilities or equipment (including monitoring and control equipment).

    9.16 Monitoring and Records

    9.16.1 Representative Samples/Measurements. Samples and measurements taken for the purpose of monitoring must be representative of the monitored activity.

    9.16.2 Retention of Records.

    9.16.2.1 You must retain records of all monitoring information, and copies of all monitoring reports required by this permit for at least three (3) years from the date of sample, measurement, evaluation or inspection, or report. This period may be extended by request of the Director at any time. Permittees must submit any such records to the Director upon request.

    9.16.2.2 You must retain the Storm Water Pollution Prevention Plan developed in accordance with Part 4 of this permit, including the certification required under Section 2.2.4.3 of this permit, for at least 3 years after the last modification or amendment is made to the plan.

    9.16.3 Records Contents. Records of monitoring information must include:

    9.16.3.1 The date, exact place, and time of sampling or measurements;

    9.16.3.2 The initials or name(s) of the individual(s) who performed the sampling or measurements;

    9.16.3.3 The date(s) analyses were performed;

    9.16.3.4 The time(s) analyses were initiated;

    9.16.3.5 The initials or name(s) of the individual(s) who performed the analyses;

    9.16.3.6 References and written procedures, when available, for the analytical techniques or methods used; and

    9.16.3.7 The results of such analyses, including the bench sheets, instrument readouts, computer disks or tapes, etc., used to determine these results.

    9.16.4 Approved Monitoring Methods. Monitoring must be conducted according to test procedures approved under 40 CFR Part 136, unless other test procedures have been specified in this permit.

    9.17 Permit Actions

    This permit may be modified; revoked and reissued; or terminated for cause. Your filing of a request for a permit modification; revocation and reissuance; or your submittal of a notification of planned changes or anticipated non-compliance does not automatically stay any permit condition.

  163. Reopener Clause

    10.1 Water Quality Protection

    If there is evidence indicating that the storm water discharges authorized by this permit cause, have the reasonable potential to cause, or contribute to a violation of a water quality standard, you may be required to obtain an individual permit or an alternative general permit in accordance with Part 3.3 of this permit, or the permit may be modified to include different limitations and/or requirements.

    10.2 Procedures for Modification or Revocation

    Permit modification or revocation will be conducted according to 40 CFR 122.62, 122.63, 122.64 and 124.5.

  164. Transfer or Termination of Coverage

    11.1 Transfer of Permit Coverage

    Automatic transfers of permit coverage under 40 CFR 122.61(b) are not allowed for this general permit.

    11.1.1 Transfer of coverage from one operator to a different operator (e.g., facility sold to a new company): the new owner/operator must complete and file an NOI in accordance with Part 1.3 at least 2 days prior to taking over operational control of the facility. The old owner/operator must file an NOT (Notice of Termination) within thirty (30) days after the new owner/operator has assumed responsibility for the facility.

    11.1.2 Simple name changes of the permittee (e.g., Company ``A'' changes name to ``ABC, Inc.'' or Company ``B'' buys out Company ``A'') may be done by filing an amended NOI referencing the facility's assigned permit number and requesting a simple name change.

    [[Page 64856]]

    11.2 Notice of Termination (NOT)

    You must submit a completed Notice of Termination (NOT) that is signed in accordance with Part 9.7 when one or more of the conditions contained in Part 1.4 (Terminating Coverage) have been met. The NOT form found in Addendum E will be used unless it has been replaced by a revised version by the Director. The Notice of Termination must include the following information:

    11.2.1 The NPDES permit number for the storm water discharge identified by the Notice of Termination;

    11.2.2 An indication of whether the storm water discharges associated with industrial activity have been eliminated (i.e., regulated discharges of storm water are being terminated); you are no longer an operator of the facility; or you have obtained coverage under an alternative permit;

    11.2.3 The name, address and telephone number of the permittee submitting the Notice of Termination;

    11.2.4 The name and the street address (or a description of location if no street address is available) of the facility for which the notification is submitted;

    11.2.5 The latitude and longitude of the facility; and

    11.2.6 The following certification, signed in accordance with Part 9.7 (signatory requirements) of this permit. For facilities with more than one permittee and/or operator, you need only make this certification for those portions of the facility where the you were authorized under this permit and not for areas where the you were not an operator:

    I certify under penalty of law that all storm water discharges associated with industrial activity from the identified facility that authorized by a general permit have been eliminated or that I am no longer the operator of the facility or construction site. I understand that by submitting this notice of termination, I am no longer authorized to discharge storm water associated with industrial activity under this general permit, and that discharging pollutants in storm water associated with industrial activity to waters of the United States is unlawful under the Clean Water Act where the discharge is not authorized by a NPDES permit. I also understand that the submittal of this Notice of Termination does not release an operator from liability for any violations of this permit or the Clean Water Act.

    11.3 Addresses

    All Notices of Termination must be submitted using the form provided by the Director (or a photocopy thereof) to the address specified on the NOT form.

    11.4 Facilities Eligible for ``No Exposure'' Exemption for Storm Water Permitting

    By filing a certification of ``No Exposure'' under 40 CFR 122.26(g), you are automatically removed from permit coverage and a NOT to terminate permit coverage is not required.

  165. Definitions

    Best Management Practices (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Commencement of Construction the initial disturbance of soils associated with clearing, grading, or excavating activities or other construction activities. Control Measure as used in this permit, refers to any Best Management Practice or other method (including effluent limitations) used to prevent or reduce the discharge of pollutants to waters of the United States. CWA means the Clean Water Act or the Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq. Director means the Regional Administrator of the Environmental Protection Agency or an authorized representative. Discharge when used without qualification means the ``discharge of a pollutant.'' Discharge of Storm Water Associated with Construction Activity as used in this permit, refers to a discharge of pollutants in storm water runoff from areas where soil disturbing activities (e.g., clearing, grading, or excavation), construction materials or equipment storage or maintenance (e.g., fill piles, borrow areas, concrete truck washout, fueling), or other industrial storm water directly related to the construction process (e.g., concrete or asphalt batch plants) are located. (See 40 CFR 122.26(b)(14)(x) and 40 CFR 122.26(b)(15) for the two regulatory definitions on regulated storm water associated with construction sites). Discharge of Storm Water Associated with Industrial Activity is defined at 40 CFR 122.26(b)(14). Facility or Activity means any NPDES ``point source'' or any other facility or activity (including land or appurtenances thereto) that is subject to regulation under the NPDES program. Flow-Weighted Composite Sample means a composite sample consisting of a mixture of aliquots collected at a constant time interval, where the volume of each aliquot is proportional to the flow rate of the discharge. Indian country, as defined in 18 USC 1151, means: (a) All land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation; (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. This definition includes all land held in trust for an Indian tribe. Industrial Activity as used in this permit refers to the eleven categories of industrial activities included in the definition of ``discharges of storm water associated with industrial activity''. Industrial Storm Water as used in this permit refers to storm water runoff associated with the definition of ``discharges of storm water associated with industrial activity''. Large and Medium Municipal Separate Storm Sewer Systems are defined at 40 CFR 122.26(b)(4) and (7), respectively and means all municipal separate storm sewers that are either:

  166. Located in an incorporated place (city) with a population of 100,000 or more as determined by the 1990 Census by the Bureau of Census (these cities are listed in Appendices F and G of 40 CFR 122); or

  167. Located in the counties with unincorporated urbanized populations of 100,000 or more, except municipal separate storm sewers that are located in the incorporated places, townships or towns within such counties (these counties are listed in Appendices H and I of 40 CFR 122); or

  168. Owned or operated by a municipality other than those described in paragraph (i) or (ii) and that are designated by the Director as part of the large or medium

    [[Page 64857]]

    municipal separate storm sewer system. Municipal Separate Storm Sewer is defined at 40 CFR 122.26. No exposure means that all industrial materials or activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt and/or runoff. NOI means Notice of Intent to be covered by this permit (see Part 2 of this permit.) NOT means Notice of Termination (see Part 11.2 of this permit). Owner or operator means the owner or operator of any ``facility or activity'' subject to regulation under the NPDES program. Point source means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff. Pollutant is defined at 40 CFR 122.2. A partial listing from this definition includes: dredged spoil, solid waste, sewage, garbage, sewage sludge, chemical wastes, biological materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial or municipal waste. Runoff coefficient means the fraction of total rainfall that will appear at the conveyance as runoff. Special Aquatic Sites, as defined at 40 CFR 230.3(q-1), means those sites identified in 40 CFR 230 Subpart E. They are geographic areas, large or small, possessing special ecological characteristics of productivity, habitat, wildlife protection, or other important and easily disrupted ecological values. These areas are generally recognized as significantly influencing or positively contributing to the general overall environmental health or vitality of the entire ecosystem of a region. (See 40 CFR 230.10(a)(3)). Storm Water means storm water runoff, snow melt runoff, and surface runoff and drainage. Storm Water Associated with Industrial Activity refers to storm water, that if allowed to discharge, would constitute a ``discharge of storm water associated with industrial activity'' as defined at 40 CFR 122.26(b)(14) and incorporated here by reference. Waters of the United States means:

  169. All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide;

  170. All interstate waters, including interstate ``wetlands'';

  171. All other waters such as interstate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters:

    1. Which are or could be used by interstate or foreign travelers for recreational or other purposes;

    2. From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or

    3. Which are used or could be used for industrial purposes by industries in interstate commerce;

  172. All impoundments of waters otherwise defined as waters of the United States under this definition;

  173. Tributaries of waters identified in paragraphs (1) through (4) of this definition;

  174. The territorial sea; and

  175. Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs 1. through 6. of this definition.

    Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the CWA (other than cooling ponds for steam electric generation stations per 40 CFR 423) which also meet the criteria of this definition) are not waters of the United States. Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA.

    You and Your as used in this permit is intended to refer to the permittee, the operator, or the discharger as the context indicates and that party's facility or responsibilities. The use of ``you'' and ``your'' refers to a particular facility and not to all facilities operated by a particular entity. For example, ``you must submit'' means the permittee must submit something for that particular facility. Likewise, ``all your discharges'' would refer only to discharges at that one facility.

  176. Permit Conditions Applicable to Specific States, Indian Country Lands, or Territories

    The provisions of Part 13 provide modifications or additions to the applicable conditions of Parts 1 through 12 of this permit to reflect specific additional conditions required as part of the State or Tribal CWA Section 401 certification process, or Coastal Zone Management Act certification process, or as otherwise established by the permitting authority. The additional revisions and requirements listed below are set forth in connection with, and only apply to, the following States, Indian country lands and Federal facilities.

    13.1 Region 1

    13.1.1 CTR05*##I: Indian country lands within the State of Connecticut.

    13.1.2 MAR05*###: Commonwealth of Massachusetts, except Indian country lands.

    13.1.2.1 Discharges covered by the general permit must comply with the provisions of 314 CMR 3.00; 314 CMR 4.00; 314 CMR 9.00; and 310 CMR 10.00and any other related policies adopted under the authority of the Massachusetts Clean Waters Act, M.G.L. c.21, ss. 26-53 and Wetlands Protection Act, M.G.L., s.40. Specifically, new facilities or the redevelopment of existing facilities subject to this permit must comply with applicable storm water performance standards prescribed by state regulation or policy. A permit under 314 CMR 3.04 is not required for existing facilities which meet state storm water performance standards. An application for a permit under 314 CMR 3.00is required only when required under 314 CMR 3.04(2)(b) (designation of a discharge on a case-by-case basis) or is otherwise identified in 314 CMR 3.00or Department policy as a discharge requiring a permit application. Department regulations and policies may be obtained through the State House Bookstore or online at www.magnet.state.ma.us/dep.

    13.1.2.2 The department may request a copy of the Storm Water Pollution Prevention Plan (SWPPP) or conduct an inspection of any facility covered by this permit to ensure compliance with state law requirements, including state water quality standards. The Department may enforce its certification conditions.

    13.1.2.3 The results of any quarterly monitoring required by this permit must be sent to the appropriate Regional

    [[Page 64858]]

    Office of the Department where the monitoring identifies violations of effluent limits or benchmarks for any parameter for which monitoring is required under this permit.

    13.1.3 MAR05*##I: Indian country lands within the Commonwealth of Massachusetts.

    13.1.4 MER05*###: State of Maine, except Indian country lands.

    13.1.5 MER05*##I: Indian country lands within the State of Maine.

    13.1.6 NHR05*###: State of New Hampshire.

    13.1.7 RIR05*##I: Indian country lands within the State of Rhode Island.

    13.1.8 VTR05*##F: Federal Facilities in the State of Vermont.

    13.2. Region 2

    13.2.1 PRR05*###: The Commonwealth of Puerto Rico. No additional requirements

    13.3 Region 3

    13.3.1 DCR05*###: The District of Columbia.

    13.3.2 DER05*##F: Federal Facilities in the State of Delaware.

    13.4 Region 4

    13.4.1 ALR05*##I: Indian country lands within the State of Alabama.

    13.4.2 FLR05*##I: Indian country lands within the State of Florida.

    13.4.3 MSR05*##I: Indian country lands within the State of Mississippi.

    13.4.4 NCR05*##I: Indian country lands within the State of North Carolina.

    13.5 Region 5

    Permit coverage not available.

    13.6 Region 6

    13.6.1 LAR05*##I: Indian Country lands within the State of Louisiana. No additional requirements.

    13.6.2 NMR05*###: The State of New Mexico, except Indian Country lands.

    13.6.2.1 Discharges to Water Quality Impaired/Water Quality Limited Waters: Any operator who intends to obtain authorization under the MSGP for all new and existing storm water discharges to water quality-impaired (303(d)) waters (see http://www.nmenv.state.nm.us/) from facilities where there is a reasonable potential to contain pollutants for which the receiving water is impaired must satisfy the following conditions prior to the authorization. Signature of the NOI (which includes certifying eligibility for permit coverage) will be deemed the operator's certification that this eligibility requirement has been satisfied.

    13.6.2.1.1 Prior to submitting a Notice of Intent (NOI) for coverage under the MSGP, provide an estimate of pollutant loads in storm water discharges from the facility to the New Mexico Environment Department, Surface Water Quality Bureau (SWQB). This estimate must include the documentation upon which the estimate is based (e.g., sampling data from the facility, sampling data from substantially identical outfalls at similar facilities, modeling, etc.). Existing facilities must base this estimate on actual analytical data, if available.

    13.6.2.1.2 Eligibility Requirements for New Discharges.

    13.6.2.1.2.1 If a Total Maximum Daily Load (TMDL) has been developed, permit coverage is available only if the operator has received notice from the SWQB confirming eligibility.

    Note: Following receipt of the information required under Part 13.6.2.1.1, SWQB anticipates using the following process in making eligibility determinations for new discharges into 303(d) waters where a TMDL has been developed:

    SWQB will notify the facility operator and EPA that the estimated pollutant load is consistent with the TMDL and that the proposed storm water discharges meet the eligibility requirements of Part 1.2.3.8 of the MSGP and may be authorized under this NPDES permit; or

    SWQB will notify the facility operator and EPA that the estimated pollutant load is not consistent with the TMDL and that the proposed storm water discharges do not meet the eligibility requirements of Part 1.2.3.8 of the MSGP and can not be authorized under this NPDES permit.

    13.6.2.1.2.2 If a Total Maximum Daily Load (TMDL) has not been developed, permit coverage is not available under this permit for discharges to 303(d) waters and the operator must seek coverage under a separate permit.

    Note: Following receipt of the information required under Part 13.6.2.1.1, SWQB anticipates using the following process in making eligibility determinations for new discharges into 303(d) waters where a TMDL has not yet been developed: SWQB will notify the facility operator and EPA that the proposed storm water discharges do not meet the eligibility requirements of Part 1.2.3.8 of the MSGP and can not be authorized under this NPDES permit.

    13.6.2.1.3 Eligibility Requirements for Existing Discharges:

    13.6.2.1.3.1 If a Total Maximum Daily Load (TMDL) has been developed, permit coverage is available only if the operator has received notice from the SWQB confirming eligibility.

    Note: Following receipt of the information required under Part 13.6.2.1.1, SWQB anticipates using the following process in making eligibility determinations for existing discharges into 303(d) waters where a TMDL has been developed:

    SWQB will notify the facility operator and EPA that the estimated pollutant load is consistent with the TMDL and that the proposed storm water discharges meet the eligibility requirements of Part 1.2.3.8 of the MSGP and may be authorized under this NPDES permit; or

    SWQB will notify the facility operator and EPA that the estimated pollutant load is not consistent with the TMDL and that the proposed storm water discharges do not meet the eligibility requirements of Part 1.2.3.8 of the MSGP and can not be authorized under this NPDES permit.

    13.6.2.1.3.2 If a Total Maximum Daily Load (TMDL) has not been developed at the time of permit authorization, but is later developed during the term of this permit and identifies existing permitted discharges as having a reasonable potential to contain pollutants for which the receiving water is impaired, these discharges shall no longer be authorized by this permit unless, following notification by the SWQP:

    The operator completes revisions to his/her Storm Water Pollution Prevention Plan (SWPPP) to include additional and/or modified Best Management Practices (BMPs) designed to comply with any applicable Waste Load Allocation (WLA) established his/her discharges within 14 calendar days following notification by SWQB; and

    The operator implements the additional and/or modified BMPs before the next anticipated discharge following revision of the SWPPP; and

    A report is submitted to SWQB which documents actions taken to comply with this condition, including estimated pollutant loads, within 30 calendar days following implementation of the additional and/or modified BMPs.

    13.6.2.1.4 Additional Monitoring--perform analytical monitoring for each outfall at least annually for any pollutant(s) for which the 303(d) water is impaired where there is a reasonable potential for discharges to contain any or all of these pollutants. Submit monitoring results to SWQB within 45 calendar days following sample collection. These monitoring requirements are not eligible for any waivers listed elsewhere in the permit.

    13.6.2.2 Permit Eligibility Regarding Protection of Water Quality Standards and Compliance with State Anti-degradation Requirements: Storm water discharges associated with industrial activity to 303(d) waters as well as all other ``waters of the State'' that SWQB has determined to be or may reasonably be expected to be contributing to a violation of a water quality standard

    [[Page 64859]]

    and/or that do not comply with the applicable anti-degradation provisions of the State's WQS are not authorized by this permit.

    Note: Upon receipt of this determination, NMED anticipates that, within a reasonable period of time, EPA will notify the general permittee to apply for and obtain an individual NPDES permit for these discharges per 40 CFR 122.28(b)(3).

    13.6.2.3 Signed Copies of discharge monitoring reports, individual permit applications, the data and reports addressed in Part 13.6.2.1, and all other reports required herein, shall be submitted to the appropriate state office address: New Mexico--Program Manager, Point Source Regulation Section, Surface Water Quality Bureau, New Mexico Environment Department, P.O. Box 26110, Santa Fe, New Mexico 87502.

    13.6.3. NMR05*##I: Indian Country lands in the State of New Mexico, except Navajo Reservation lands (see Region 9) and Ute Mountain Reservation lands (see Region 8).

    13.6.3.1 Pueblo of Isleta The following conditions apply only to discharges on the Pueblo of Isleta.

    13.6.3.1.1 Copies of ``Certification of Eligibility of Coverage'' under Part 1.2.3.6.3 (Endangered Species) and Part 1.2.3.7 (Historical Properties), and their justifications, must be provided to the Tribe 10 days prior to filing the Notice of Intent (NOI).

    13.6.3.1.2 A copy of the Storm Water Pollution Prevention Plan (SWPPP) must be provided to the Tribe 5 days prior to filing the NOI.

    13.6.3.1.3 A copy of the NOI must be provided to the Tribe at the same time it is sent to the Environmental Protection Agency.

    13.6.3.1.4 A copy of the Notice of Termination (NOT) must be provided to the Tribe at the same time it is sent to the Environmental Protection Agency.

    13.6.3.1.5 Any notice of release of hazardous substances (Part 3.1.2) shall also be sent to the Tribe at the same time it is sent to the Environmental Protection Agency. Notification of a release of hazardous substances shall also be made to the Pueblo's Police Department (505-869-3030) or Governor's Office (505-869-3111) or Environment Department (505-869-5748).

    13.6.3.1.6 Copies of all ``Routine Inspection Reports: (Part 4.2.7.2.1.5) and ``Comprehensive Inspection Reports'' (Part 4.9) shall be sent to the Tribe within 5 days of completion.

    13.6.3.1.7 All analytical data (e.g., Discharge Monitoring Reports, etc.) shall be provided to the Tribe at the same time it is provided to the EPA.

    13.6.3.1.8 Exceedance of any EPA-established ``Benchmark Value'' for any pollutant will require quarterly monitoring for that pollutant until such time as analytical results from 4 consecutive quarters are below the ``Benchmark.''

    13.6.3.1.9 Any permittee in Sector F shall monitor for all Clean Water Act Section 307(a) priority pollutants used in any of their processes. Monitoring shall be on a quarterly basis.

    13.6.3.1.10 Any permittee in Sector M shall monitor for total oil & grease, glycols, and those solvents regulated under Safe Drinking Water Act mandates at 40 CFR 141.61(a) in addition to those parameters identified in Table M-1. Monitoring shall be on a quarterly basis.

    13.6.3.1.11 Any permittee in Sector N shall monitor for PCBs in addition to those parameters identified in Table N-1. Monitoring shall be on a quarterly basis.

    13.6.3.1.12 All written reports shall be sent to: Director, Environment Department, Pueblo of Isleta, Isleta, NM 87022.

    13.6.3.2 Pueblo of Nambe. The following conditions apply only to discharges on the Pueblo of Nambe.

    No additional requirements.

    13.6.3.3 Pueblo of Picuris. The following conditions apply only to discharges on the Pueblo of Picuris.

    13.6.3.4 Pueblo of Pojoaque. The following conditions apply only to discharges on the Pueblo of Pojoaque.

    13.6.3.4.1 Notices of Intent (NOI) and notices of Termination (NOT) shall be submitted to the Pueblo of Pojoaque Environment Department at the same time they are submitted to EPA.

    13.6.3.4.2 Storm Water Pollution Prevention Plans (SWPPP) shall be submitted to the Pueblo of Pojoaque Environment Department 30 days before commencement of the project.

    13.6.3.4.3 If requested by the Pueblo of Pojoaque Environment Department (PPED), the permittee shall provide additional information necessary for a ``case by case'' eligibility determination to assure compliance with Pojoaque Pueblo Water Quality Standards.

    Note: Upon receipt of an determination by the Pueblo of Pojoaque that discharges from a facility have the reasonable potential to be causing or contributing to a violation of Pojoaque Pueblo Water Quality Standards, EPA would notify the general permittee to either improve their Storm Water Pollution Prevention Plan to achieve compliance with Pojoaque Pueblo Water Quality Standards or apply for and obtain an individual NPDES permit for these discharges per 40 CFR 122.28(b)(3).

    13.6.3.4.4 All written reports shall be sent to: Pueblo of Pojoaque Environment Department, 2 W. Gutierrez, Santa Fe, NM 87501; Phone (505) 455-2087; FAX (505) 455-2177.

    13.6.3.5 Pueblo of San Juan. The following conditions apply only to discharges on the Pueblo of San Juan.

    13.6.3.5.1 Copies of the Notice of Intent (NOI) and Notice of Termination (NOT) shall be provided to the Pueblo five (5) days prior to the time it is provided to the Environmental Protection Agency. A copy of the Storm Water Pollution Prevention Plan shall be provided to the Pueblo five (5) days prior to the time the NOI is submitted to the Environmental Protection Agency.

    13.6.3.5.2 All analytical data (e.g., Discharge Monitoring Reports, etc.) shall be provided to the Pueblo at the same time it is provided to the Environmental Protection Agency. Monitoring activities must be coordinated with the Director of the Environment Department to insure consistency with the Pueblo of San Juan Surface Water Quality Monitoring Program.

    13.6.3.5.3 Copies of all written reports required under the permit shall be sent to: Director, Environment Department, San Juan Pueblo, P.O. Box 717, San Juan Pueblo, NM 87566. For questions or coordination, you may contact the Director at (505) 852-4212.

    13.6.3.6 Pueblo of Sandia. The following conditions apply only to discharges on the Pueblo of Sandia.

    13.6.3.6.1 Copies of the Notice of Intent (NOI) and Notice of Termination (NOT) shall be provided to the Pueblo at the same time it is provided to the Environmental Protection Agency. A copy of the Storm Water Pollution Prevention Plan must also be provided to the Pueblo at the time the NOI is submitted.

    13.6.3.6.2 All analytical data (e.g., Discharge Monitoring Reports, etc) shall be provided to the Pueblo at the same time it is provided to the Environmental Protection Agency.

    13.6.3.6.3 All written reports shall be sent to: Director, Environment Department, Pueblo of Sandia, Box 6008, Bernalillo, NM 87004.

    13.6.3.7 Pueblo of Tesuque. The following conditions apply only to discharges on the Pueblo of Tesuque. No additional requirements.

    13.6.3.8 Santa Clara Pueblo. The following conditions apply only to discharges on the Santa Clara Pueblo. No additional requirements.

    13.6.3.9 All Other Indian Country lands in New Mexico. No additional requirements.

    [[Page 64860]]

    13.6.4. OKR05*##I: Indian Country lands within the State of Oklahoma. No additional requirements.

    13.6.5. OKR05*##F: Facilities in the State of Oklahoma not under the jurisdiction of the Oklahoma Department of Environmental Quality, except those on Indian Country lands.

    13.6.5.1 Ineligible Discharges to the Oklahoma Scenic Rivers System and Outstanding Resource Waters--New or proposed discharges to the Oklahoma Scenic Rivers System, including the Illinois River, Flint Creek, Barren Fork Creek, Mountain Fork, Little Lee Creek, and Big Lee Creek or to any water designated an ``Outstanding Resource Water'' (ORW) in Oklahoma's Water Quality Standards are not eligible for coverage under the MSGP. Existing discharges of storm water in these watersheds may be permitted under the MSGP only from point sources existing as of June 25, 1992, whether or not such storm water discharges were permitted as point sources prior to June 25, 1992.

    13.6.6. TXR05*###: The State of Texas, except Indian Country lands. 13.6.6.1 The following limitations, independently required under the Texas Water Quality Standards (31 TAC 319.22 and 319.23), apply to discharges authorized by the permit:

    13.6.6.1.1 All Discharges to Inland Waters: The maximum allowable concentrations of each of the hazardous metals, stated in terms of milligrams per liter (mg/l), for discharges to inland waters are as follows:

    Monthly

    Daily Total metal

    average composite Single grab

    Arsenic............................................................

    0.1

    0.2

    0.3 Barium.............................................................

    1.0

    2.0

    4.0 Cadmium............................................................

    0.05

    0.1

    0.2 Chromium...........................................................

    0.5

    1.0

    5.0 Copper.............................................................

    0.5

    1.0

    2.0 Lead...............................................................

    0.5

    1.0

    1.5 Manganese..........................................................

    1.0

    2.0

    3.0 Mercury............................................................

    0.005

    0.005

    0.01 Nickel.............................................................

    1.0

    2.0

    3.0 Selenium...........................................................

    0.05

    0.1

    0.2 Silver.............................................................

    0.05

    0.1

    0.2 Zinc...............................................................

    1.0

    2.0

    6.0

    13.6.6.1.2All Discharges to Tidal Waters: The maximum allowable concentrations of each of the hazardous metals, stated in terms of milligrams per liter (mg/l), for discharges to tidal waters are as follows:

    Monthly

    Daily Total metal

    average composite Single grab

    Arsenic............................................................

    0.1

    0.2

    0.3 Barium.............................................................

    1.0

    2.0

    4.0 Cadmium............................................................

    0.1

    0.2

    0.3 Chromium...........................................................

    0.5

    1.0

    5.0 Copper.............................................................

    0.5

    1.0

    2.0 Lead...............................................................

    0.5

    1.0

    1.5 Manganese..........................................................

    1.0

    2.0

    3.0 Mercury............................................................

    0.005

    0.005

    0.01 Nickel.............................................................

    1.0

    2.0

    3.0 Selenium...........................................................

    0.10

    0.2

    0.3 Silver.............................................................

    0.05

    0.1

    0.2 Zinc...............................................................

    1.0

    2.0

    6.0

    13.6.6.1.3 Definitions:

    Inland Waters--all surface waters in the State other than ``tidal waters'' as defined below.

    Tidal Waters--those waters of the Gulf of Mexico within the jurisdiction of the State of Texas, bays and estuaries thereto, and those portions of the river systems which are subject to the ebb and flow of the tides, and to the intrusion of marine waters.

    13.6.7. TXR05*##I: Indian Country lands within the State of Texas. No additional requirements.

    13.7. Region 7. Permit Coverage Not Available.

    13.8. Region 8.

    13.8.1. COR05*##F: Federal Facilities in the State of Colorado, except those located on Indian country lands.

    13.8.2. COR05*##I: Indian country lands within the State of Colorado, including the portion of the Ute Mountain Reservation located in New Mexico.

    13.8.3. MTR05*##I: Reserved

    13.8.4. NDR05*##I: Indian country lands within the State of North Dakota, including that portion of the Standing Rock Reservation located in South Dakota except for the Lake Traverse Reservation which is covered under South Dakota permit SDR05*##I listed below.

    13.8.5. SDR05*##I: Indian country lands within the State of South Dakota, including the portion of the Pine Ridge Reservation located in Nebraska and the portion of the Lake Traverse Reservation located in North Dakota except for the Standing Rock Reservation which is covered under North Dakota permit NDR05*##I listed above.

    13.8.6. UTR05*##I: Indian country lands in the State of Utah, except Goshute and Navajo reservation lands (see Region 9).

    13.8.7. WYR05*##I: Indian country lands in the State of Wyoming.

    13.9. Region 9.

    13.9.1. ASR05*###: The Island of American Samoa.

    13.9.1.1. Copies of NOIs shall also be submitted to the American Samoa Environmental Protection Agency at the following address concurrently with NOI submittal to EPA: American Samoa Environmental Protection Agency, Executive Office Building, Pago Pago, American Samoa 96799.

    13.9.1.2. Updated storm water pollution prevention plans must be

    [[Page 64861]]

    submitted to the American Samoa Environmental Protection Agency at the following address for review and approval as soon as they are completed: American Samoa Environmental Protection Agency, Executive Office Building, Pago Pago, American Samoa 96799.

    13.9.2. AZR05*###: The State of Arizona, except Indian country lands.

    13.9.2.1. Discharges authorized by this permit shall not cause or contribute to a violation of any applicable water quality standard of the State of Arizona (Arizona Administrative Code, Title 18, Chapter 11).

    13.9.2.2. Notices of Intent (NOIs) shall also be submitted to the State of Arizona Department of Environmental Quality at the following address: Storm Water Coordinator, Arizona Department of Environmental Quality, 3033 N. Central Avenue, Phoenix, Arizona 85012. NOIs submitted to the State of Arizona shall include the well registration number if storm water associated with industrial activity is discharged to a dry well or an injection well.

    13.9.2.3. Notices of Termination (NOTs) shall also be submitted to the State of Arizona Department of Environmental Quality at the following address: Storm Water Coordinator, Arizona Department of Environmental Quality, 3033 N. Central Avenue, Phoenix, Arizona 85012.

    13.9.2.4. For facilities which submit a no exposure certification in accordance with Part 1.5 of the permit, the operator shall submit a copy of the no exposure certification to the State of Arizona Department of Environmental Quality at the following address: Storm Water Coordinator, Arizona Department of Environmental Quality, 3033 N. Central Avenue, Phoenix, Arizona 85012.

    13.9.2.5. SARA Section 313 (Community Right to Know) facilities shall have the following requirement: Liquid storage areas for Section 313 water priority chemicals shall be operated to minimize discharges of such chemicals. Appropriate measures to minimize discharges of Section 313 chemicals shall include: provision of secondary containment for at least the entire contents of the largest tank plus sufficient freeboard to allow for the 25-year, 24-hour precipitation event; a strong spill contingency and integrity testing plan, and/or other equivalent measures.

    13.9.2.6. Delineation of Facility Areas Within the 100-Year Floodplain. All facilities or any portion of a facility that is located at or within the 100-year floodplain shall be delineated on the site map. The base flood elevation, if known, shall also be reported.

    13.9.2.7. Facilities subject to monitoring and reporting requirements shall also submit Discharge Monitoring Report Form(s) (DMR) and other required monitoring information to the State of Arizona Department of Environmental Quality at the following address: Storm Water DMR Coordinator, Arizona Department of Environmental Quality, 3033 N. Central Avenue Phoenix, Arizona 85012.

    13.9.2.8. The term ``Significant Sources of Non-Storm Water'' includes, but is not limited to discharges which could cause or contribute to violations of water quality standards of the State of Arizona, and discharges which could include releases of oil or hazardous substances in excess of reportable quantities under Section 311 of the Clean Water Act (see 40 CFR 110.10 and CFR 117.21) or Section 102 of CERCLA (see CFR 302.4).

    13.9.2.9. The term ``Base Flood Elevation'' as defined by Federal Emergency Management Agency (FEMA) is the height of the base (100-year) flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 of North American Vertical Datum of 1988. This is the elevation of the 100-year flood waters relative to ``mean sea level.''

    13.9.2.10. The term ``100-year flood'' means the flood having a one percent chance of being equaled or exceeded in magnitude in any given year.

    13.9.2.11. The term ``100-year floodplain'' means that area adjoining a river, stream, or watercourse covered by water in the event of a 100-year flood.

    13.9.3. AZR05*##I: Indian country lands within the State of Arizona, including Navajo Reservation lands in New Mexico and Utah.

    13.9.3.1. White Mountain Apache Tribe. The following condition applies only on the White Mountain Apache Tribe: All NOIs for proposed storm water discharge coverage shall be provided to the following address: Tribal Environmental Planning Office, Attn: Brenda Pusher- Begay, P.O. Box 1000, Whiteriver, AZ 85941.

    13.9.4. CAR05*##I: Indian country lands within the State of California No additional requirements.

    13.9.5. GUR05*###: The Island of Guam.

    13.9.5.1. Facilities ineligible for Multi-Sector General Permit coverage which are required to submit an individual NPDES permit application must send a copy to the following address at the time of submittal to EPA: Guam Environmental Protection Agency, P.O. Box 22439 GMF, Barrigada, Guam 96921.

    13.9.5.2. Copies of NOIs shall also be submitted to the following address concurrently with NOI submittal to EPA: Guam Environmental Protection Agency, P.O. Box 22439 GMF, Barrigada, Guam 96921.

    13.9.5.3. Permittees required by the Director to submit an individual NPDES permit application or alternative general NPDES permit application must send a copy to the following address at the time of submittal to EPA: Guam Environmental Protection Agency, P.O. Box 22439 GMF, Barrigada, Guam 96921.

    13.9.6. JAR05*###: Johnston Atoll. No additional requirements.

    13.9.7. MWR05*###: Midway Island and Wake Island. No additional requirements.

    13.9.8. NIR05*###: Commonwealth of the Northern Mariana Islands (CNMI)

    13.9.8.1. All conditions and requirements set forth in the USEPA final NPDES MSGP must be complied with.

    13.9.8.2. A storm water pollution prevention plan (SWPPP) for storm water discharges associated with industrial activity must be approved by the Director of the CNMI DEQ prior to the submission of the NOI to USEPA. The CNMI address for the submittal of the SWPPP for approval is: Commonwealth of the Northern Mariana Islands, Office of the Governor, Director, Division of Environmental Quality (DEQ), P.O. Box 501304 C.K., Saipan, MP 96950-1304.

    13.9.8.3. An NOI to be covered by the storm water MSGP for discharges associated with industrial activity must be submitted to CNMI DEQ (use above address) and USEPA, Region 9, in the form prescribed by USEPA, accompanied by a SWPPP approval letter from CNMI DEQ.

    13.9.8.4. The NOI must be postmarked seven (7) calendar days prior to any stormwater discharges and a copy must be submitted to the Director of CNMI DEQ (use above address) no later than seven (7) calendar days prior to any stormwater discharges.

    13.9.8.5. All monitoring reports required by the MSGP must be submitted to CNMI DEQ (use above address).

    13.9.8.6. In accordance with section 10.3(h) and (i) of CNMI water quality standards, CNMI DEQ reserves the right to deny coverage under the MSGP and to require submittal of an application for an individual NPDES permit based on a review of the NOI or other information made available to the Director.

    [[Page 64862]]

    13.9.9. NVR05*##I: Indian country lands within the State of Nevada, including the Duck Valley Reservation in Idaho, the Fort McDermitt Reservation in Oregon and the Goshute Reservation in Utah. No additional requirements.

    13.10. Region 10.

    13.10.1. (The terms and conditions of the 1995 Multi-Sector General Permit are effective for facilities in the State of Alaska through February 9, 2001.)

    13.10.2. AKR05*##I: Indian country Lands within the State of Alaska.

    13.10.3. IDR05*### The State of Idaho, except Indian country lands.

    13.10.4. IDR05*##I: Indian country lands within the State of Idaho, except Duck Valley Reservation lands (see Region 9).

    13.10.5. ORR05*##I: Indian country lands in the State of Oregon except Fort McDermitt Reservation lands (see Region 9).

    13.10.6. WAR05*##I: Indian country lands within the State of Washington

    13.10.6.1 Permittees on Chehalis Reservation lands must also meet the following conditions:

  177. The permittee shall be responsible for achieving compliance with Confederated Tribes of Chehalis Reservation's Water Quality Standards, and

  178. The permittee shall be responsible for submitting all Storm Water Pollution Prevention Plans to the Chehalis Tribal Department of Natural Resources at the following address for review and approval prior to the beginning of any discharge activities taking place: Confederated Tribes of Chehalis Reservation, Department of Natural Resources, 420 Howanut Road, Oakville, WA 98568.

    13.10.6.2 Permittees on Puyallup Reservation lands must also meet the following conditions:

  179. The permittee shall be responsible for achieving compliance with Puyallup Tribe's Water Quality Standards;

  180. The permittee shall submit a copy of the Notice of Intent to be covered by the general permit to the Puyallup Tribe Environmental Department at the address listed below at the same time it is submitted to U.S. EPA;

  181. The permittee shall be responsible for submitting all Storm Water Pollution Prevention Plans to the Puyallup Tribe Environmental Department at the following address for review and approval prior to the beginning of any discharge activities taking place: Puyallup Tribe Environmental Department, 2002 East 28th Street, Tacoma, WA 98404.

    13.10.7. WAR05*##F: Federal Facilities in the State of Washington, except those located on Indian country lands.

    13.10.7.1 Discharges authorized by this permit shall not cause or contribute to a violation of any applicable water quality standard of the State of Washington. These standards are found at Chapter 173-201A WAC (Water Quality Standards for Surface Waters), Chapter 173-204 WAC (Sediment Management Standards) and the National Toxics Rule for human health standards (57 FR 60848-60923).

    13.10.7.2 Any operator of a facility in Sectors A, D, E, F, G, H, J, L, M, N, or U who intends to obtain authorization under the MSGP- 2000 for all new and existing storm water discharges must conduct and report benchmark monitoring for turbidity with a cutoff concentration of 50 NTU.

    Addendum A--Endangered Species Guidance

    1. Assessing Permit Eligibility Regarding Endangered Species

    1. Background

      To meet its obligations under the Clean Water Act and the Endangered Species Act (ESA) and to promote those Acts' goals, the Environmental Protection Agency (EPA) is seeking to ensure the activities regulated by this Multi-Sector General Permit (MSGP) pose no jeopardy to endangered and threatened species and critical habitat. To ensure that those goals are met, applicants for MSGP coverage are required under Part 1.2.3.6 to assess the impacts of their storm water discharges, allowable non-storm water discharges, and discharge-related activities on Federally listed endangered and threatened species (``listed species'') and designated critical habitat (``critical habitat'') by following the process listed below. EPA strongly recommends that you follow these steps at the earliest possible stage to ensure that measures to protect listed species and critical habitat are incorporated early in your planning process.

      You also have an independent ESA obligation to ensure that your activities do not result in any prohibited ``takes'' of listed species.\1\ Many of the measures required in the MSGP and in these instructions to protect species may also assist you in ensuring that your activities do not result in a prohibited take of species in violation of section 9 of the ESA. If you have or plan activities in areas that harbor endangered and threatened species, you may wish to ensure that you are protected from potential takings liability under ESA section 9 by obtaining an ESA section 10 permit or, if there is a separate federal action regarding the facility, by requesting formal consultation under ESA section 7 regarding that action. If you are not sure whether to pursue a section 10 permit or a section 7 consultation for takings protection, you should confer with the appropriate Fish and Wildlife Service (FWS) and/or National Marine Fisheries Service (NMFS) (collectively the ``Services'') office.

      \1\ Section 9 of the ESA prohibits any person from ``taking'' a listed species (e.g., harassing or harming it) unless: (1) the taking is authorized through a ``incidental take statement'' as part of undergoing ESA section 7 formal consultation; (2) where an incidental take permit is obtained under ESA section 10 (which requires the development of a habitat conservation plan); or (3) where otherwise authorized or exempted under the ESA. This prohibition applies to all entities including private individuals, businesses, and governments.

    2. How Does The Basic Eligibility Assessment Process Work?

      In order to determine if you are eligible to use the permit, you need to go through a series of steps to determine:

  182. Are there any listed endangered or threatened species or critical habitat in proximity to your facility or the point where your discharges reach a receiving water?

  183. If there are listed species in proximity, are your discharges or discharge-related activities going to adversely affect them?

  184. If adverse effects on listed species or critical habitat are likely, what can you do to eliminate or reduce these effects?

  185. Have any adverse effects already been addressed under the Endangered Species Act?

  186. Which, if any, of the eligibility criteria make you eligible for permit coverage?

    1. What Are the Eligibility Criteria?

      The Part 1.2.3.6 eligibility requirement may be satisfied by documenting that one or more of the following criteria has been met:

      Criteria A. No Listed Species or Critical Habitat Are in Proximity to Your Facility or the Point Where Authorized Discharges Reach a Water of the United States (See Part 1.2.3.6.3.1)

      Using the latest County Species List available from EPA and any other relevant information sources, you have determined that no listed species or critical habitat are in proximity to your facility. Listed species and critical habitat are in proximity to a facility when they are:

      Located in the path or immediate area through which or over which contaminated point source storm water flows from industrial activities to the point of discharge into the receiving water. This may also include areas where storm water from your facility enters groundwater that has a direct hydrological connection to a receiving water (e.g., groundwater infiltrates at your facility and re-emerges to enter a surface waterbody within a short period of time.)

      Located in the immediate vicinity of, or nearby, the point of discharge into receiving waters.

      Located in the area of a facility where storm water BMPs are planned or are to be constructed.

      Please be aware that no protection from incidental takings liability is provided under this criteria.

      Criteria B. An ESA Section 7 Consultation Has Been Performed for a Separate Federal Action Regarding Your Facility (See Part 1.2.3.6.3.2)

      A formal or informal ESA Sec. 7 consultation on a separate federal action (e.g., New Source review under NEPA, application for a dredge

      [[Page 64863]]

      and fill permit under CWA Sec. 404, application for an individual NPDES permit, etc.) addressed the effects of your discharges and discharge-related activities on listed species and critical habitat. If your facility was the subject of a formal consultation, it must have resulted in either a ``no jeopardy opinion'' or a ``jeopardy opinion'' and you agree to implement any reasonable and prudent alternatives or other conditions upon which the consultation was based. If your facility was the subject of an informal consultation, it must have resulted in a written concurrence by the Service(s) on a finding that the applicant's activities are not likely to adversely affect listed species or critical habitat (for informal consultation, see 50 CFR 402.13).

      Criteria C. An Incidental Taking Permit Under Section 10 of the ESA was Issued for Your Facility (See Part 1.2.3.6.3.3)

      You have a permit under section 10 of the ESA and that authorization addresses the effects of your wastewater and storm water discharges and discharge-related activities on listed species and critical habitat. Note: You must follow FWS/NMFS procedures when applying for an ESA section 10 permit (see 50 CFR 17.22(b)(1)).

      Criteria D. You Have Determined Adverse Effects Are Not Likely (See Part 1.2.3.6.3.4)

      Using best judgment, you have investigated potential effects your discharges and discharges-related activities may have on listed species and critical habitat and have no reason to believe there would be adverse effects. Any terms and/or conditions to protect listed species and critical habitat you relied on in order to determine adverse effects would be unlikely must be incorporated into your Storm Water Pollution Prevention Plan (required by the permit) and implemented in order to maintain permit eligibility.

      Please be aware that no protection from incidental takings liability is provided under this criteria.

      Criteria E. Your Facility Was Covered Under the Eligibility Certification of Another Operator for the Facility Area (See Part 1.2.3.6.3.5)

      Your storm water discharges, allowable non-storm water discharges, and discharge-related activities were already addressed in another operator's certification of eligibility under Part 1.2.3.6.3 which covered your facility. By certifying eligibility under Part 1.2.3.6.3.4, you agree to comply with any measures or controls upon which the other operator's certification under Part 1.2.3.6.3 was based.

      Please be aware that in order to meet the permit eligibility requirements by relying on another operator's certification of eligibility, the other operator's certification must apply to the location of your facility and must address the effects from your storm water discharges, allowable non-storm water discharges, and discharge-related activities on listed species and critical habitat. This situation will typically occur where an ownership of a facility covered by this permit changes or when there are multiple operators within an industrial park or an airport. However, before you rely on another operator's certification, you should carefully review that certification along with any supporting information. You also need to confirm that no additional species have been listed or critical habitat designated in the area of your facility since the other operator's endangered species assessment was done. If you do not believe that the other operator's certification provides adequate coverage for your facility, you should provide your own independent endangered species assessment and certification.

      Please be aware that no protection from incidental takings liability is provided under this criteria.

    2. What Procedures Do I Use To Determine if the Eligibility Criteria Can Be Satisfied?

      Caution: Additional endangered and threatened species have been listed and critical habit designated since the 1995 MSGP was issued and will continue to be added after the effective date of this permit. You must verify any earlier determination of eligibility is still valid before relying on that assessment to certify eligibility for this permit. Where applicable, you may incorporate information from your previous endangered species analysis in your documentation of eligibility for this permit.

      To determine eligibility, you must assess (or have previously assessed) the potential effects of your storm water discharges, allowable non-storm water discharges and discharge-related activities on listed species and critical habitat. PRIOR to completing and submitting a Notice of Intent (NOI) form, you must follow the steps outlined below and document the results of your eligibility determination.

      Step One: Are There Any Endangered Species or Critical Habitat in Your County (or Other Area) and, if so, Are They in Proximity to Your Facility or Discharge Locations?

      1-A. Check for Listed Species Look in the latest county species list to see if any listed species are found where your facility and discharge point(s) are located. If you are located close to the border of a county or your facility is located in one county and your discharge points are located in another, you must look under both counties. Since species are listed and de-listed periodically, you will need the most current list at the time you are doing your endangered species assessment. EPA's most current county-species list is on the Internet at http://www.epa.gov/owm/esalst2.htm.

      =>Proceed to 1-B.

      1-B. Check for Critical Habitat Some (but not all) listed species have designated critical habitat. Exact locations of such habitat is provided in the endangered species regulations at 50 CFR part 17 and part 226. To determine if facility or discharge locations are within designated critical habitat, you should either:

      Review those regulations (which can be found in many larger libraries); or

      Contact the nearest Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) Office. A list of FWS and NMFS offices is found at section II of this Addendum.; or

      Contact the State Natural Heritage centers. These centers compile and disseminate information on Federally listed and other protected species. They frequently have the most current information on listed species and critical habitat. A list of these centers is provided in section III of the Addendum.

      =>Proceed to 1-C.

      1-C. Check for Proximity If there are listed species in your county, are they in proximity to your facility or discharge locations? You will need to use the proximity criteria in Eligibility Criteria A to determine if the listed species are in your part of the county. The area in proximity to be searched/ surveyed for listed species will vary with the size of the facility, the nature and quantity of the storm water discharges, and the type of receiving waters. Given the number of facilities potentially covered by the MSGP, no specific method to determine whether species are in proximity is required for permit coverage under the MSGP. Instead, you should use the method or methods which best allow you to determine to the best of your knowledge whether species are in proximity to your particular facility. These methods may include:

      Conducting visual inspections. This method may be particularly suitable for facilities that are smaller in size, facilities located in non-natural settings such as highly urbanized areas or industrial parks where there is little or no nature habitat; and facilities that discharge directly into municipal storm water collection systems. For other facilities, a visual survey of the facility site and storm water drainage areas may be insufficient to determine whether species are likely to be located in proximity to the discharge.

      Contacting the nearest State Wildlife Agency or U.S. Fish and Wildlife Service (FWS) or National Marine Fisheries Service (NMFS) offices. Many endangered and threatened species are found in well-defined areas or habitats. That information is frequently known to state or federal wildlife agencies. FWS has offices in every state. NMFS has regional offices in: Gloucester, Massachusetts; St. Petersburg, Florida; Long Beach, California; Portland, Oregon; and Juneau, Alaska.

      Contacting local/regional conservation groups. These groups inventory species and their locations and maintain lists of sightings and habitats.

      Conducting a formal biological survey. Larger facilities with extensive storm water discharges may choose to conduct biological surveys as the most effective way to assess whether species are located in proximity and whether there are likely adverse effects.

      If neither your facility nor discharge locations are located in designated critical habitat, then you need not consider impacts to critical habitat when following Steps Two through Five below. If your facility or discharge locations are located within critical habitat, then you must look at impacts to critical habitat when following Steps Two through Five. EPA notes that many measures imposed to protect listed species under these

      [[Page 64864]]

      steps will also protect critical habitat. However, obligations to protect habitat under this permit are separate from those to protect listed species. Thus, meeting the eligibility requirements of this permit may require measures to protect critical habitat that are separate from those to protect listed species.

      => Proceed to 1-D

      1-D. Check for Criteria ``A'' Eligibility IF NO SPECIES WERE LISTED FOR YOUR COUNTY OR THE SPECIES THAT WERE LISTED WERE NOT IN PROXIMITY TO YOUR DISCHARGE AND YOUR FACILITY AND DISCHARGE LOCATIONS WERE NOT IN PROXIMITY TO CRITICAL HABITAT, YOU ARE ELIGIBLE UNDER CRITERIA ``A''. Document your endangered species assessment and certify eligibility under Part 1.2.3.6.3.1 of the permit. Congratulations, go to Step Five!

      => If there were listed species or critical habitat, proceed to Step Two

      Step Two: Can You Meet Eligibility Criteria ``B'', ``C'', or ``E''?

      2-A Check for Criteria ``B'', ``C'', or ``E'' Basis Do one of the following apply:

      There was a completed consultation under ESA Sec. 7 for your facility (Criteria B) => proceed to 2-B

      There is a previously issued ESA Sec. 10 permit for your facility (Criteria C) => proceed to 2-C

      Another operator previously certified eligibility for the area where your facility is located (Criteria E) => proceed to 2-D

      => If no, proceed to Step Three

      2-B Check for Criteria ``B'' Eligibility Did the previously completed ESA Sec. 7 consultation consider all currently listed species and critical habitat and address your storm water, allowable non-storm water, and discharge related activities?

      => If no, proceed to Step Three

      2-B-1 Did the ESA Sec. 7 consultation result in either a ``no jeopardy'' opinion by the Service (for formal consultations) or a concurrence by the service that your activities would be ``unlikely to adversely affect'' listed species or critical habitat?

      => If no, proceed to Step Three

      2-B-2 IF YOU AGREE TO IMPLEMENT ANY MEASURES UPON WHICH THE CONSULTATION WAS CONDITIONED, YOU ARE ELIGIBLE UNDER CRITERIA ``B''. Incorporate any necessary measures into your Storm Water Pollution Prevention Plan, document your endangered species assessment, and certify eligibility under Part 1.2.3.6.3.2. Congratulations, go to Step Five!

      => If you do not agree to implement conditions upon which the consultation was based, proceed to Step Three

      2-C Check for Criteria ``C'' Eligibility IF YOUR ESA Sec. 10 PERMIT CONSIDERED ALL CURRENTLY LISTED SPECIES AND CRITICAL HABITAT AND ADDRESSES YOUR STORM WATER, ALLOWABLE NON-STORM WATER, AND DISCHARGE RELATED ACTIVITIES, YOU ARE ELIGIBLE UNDER CRITERIA ``C''. Incorporate any necessary measures into your Storm Water Pollution Prevention Plan, document your endangered species assessment, and certify eligibility under Part 1.2.3.6.3.3 of the permit. Congratulations, go to Step Five!

      => If your ESA Sec. 10 permit did not meet these criteria, proceed to Step Three

      2-D Check for Criteria ``E'' Eligibility Did the other operator's certification of eligibility consider all currently listed species and critical habitat and address your storm water, allowable non-storm water, and discharge related activities?

      => If no, proceed to Step Three

      2-D-1 IF YOU AGREE TO IMPLEMENT ANY MEASURES UPON WHICH THE OTHER OPERATOR'S CERTIFICATION WAS BASED, YOU ARE ELIGIBLE UNDER CRITERIA ``E''. Incorporate any necessary measures into your Storm Water Pollution Prevention Plan, document your endangered species assessment, and certify eligibility under Part 1.2.3.6.3.5 of the Permit. Congratulations, go to Step Five!

      => If you do not agree to implement conditions upon which another operator's certification was based, proceed to Step Three

      Step Three: Are Listed Species or Critical Habitat Likely To Be Adversely Affected by Your Facility's Storm Water Discharges, Allowable Non-storm Water Discharges, or Discharge-related Activities?

      If you are unable to certify eligibility under Criteria A, B, C, or E, you must assess whether your storm water discharges, allowable non-storm water discharges, and discharge-related activities are likely to pose jeopardy to listed species or critical habitat. ``Storm water discharge-related activities'' include:

      Activities which cause, contribute to, or result in point source storm water pollutant discharges; and

      Measures to control storm water discharges and allowable non- storm water discharges including the siting, construction, operation of best management practices (BMPs) to control, reduce or prevent water pollution.

      Effects from storm water discharges, allowable non-storm water discharges, and discharge-related activities which could pose jeopardy include:

      Hydrological. Wastewater or storm water discharges may cause siltation, sedimentation or induce other changes in receiving waters such as temperature, salinity or pH. These effects will vary with the amount of wastewater or storm water discharged and the volume and condition of the receiving water. Where a discharge constitutes a minute portion of the total volume of the receiving water, adverse hydrological effects are less likely.

      Habitat. Excavation, site development, grading, and other surface disturbance activities, including the installation or placement of wastewater or storm water ponds or BMPs, may adversely affect listed species or their habitat. Wastewater or storm water associated with facility operation may drain or inundate listed species habitat.

      Toxicity. In some cases, pollutants in wastewater or storm water may have toxic effects on listed species.

      The scope of effects to consider will vary with each facility. If you are having difficulty in determining whether your facility is likely to pose jeopardy to a listed specie or critical habitat, then the appropriate office of the FWS, NMFS, or Natural Heritage Center listed in Sections II and III of this Addendum should be contacted for assistance.

      Document the results of your assessment and make a preliminary determination on whether or not there would likely be any jeopardy to listed species or critical habitat. You will need to determine that your activities are either ``unlikely to adversely affect'' or ``may adversely affect''. Your determination may be based on measures that you implement to avoid, eliminate, or minimize adverse affects.

      => Proceed to Step Four

      Step Four: Can You Meet Eligibility Criteria ``D''?

      Using best judgment, can you determine your facility's storm water discharges, allowable non-storm water discharges, and discharge-related activities are unlikely to pose jeopardy to listed species or critical habitat?

      4-A IF STEP THREE DETERMINATION IS ``UNLIKELY TO ADVERSELY AFFECT'', YOU ARE ELIGIBLE UNDER CRITERIA ``D''. Incorporate appropriate measures upon which your eligibility was based into your Storm Water Pollution Prevention Plan and certify eligibility under Part 1.2.3.6.3.4 of the permit. Congratulations, go to Step Five.

      => If there may be adverse effects, proceed to Step 4-B

      4-B Step Three (or Step 4-A-1) Determination is ``May Adversely Affect'' You must contact the Service(s) to discuss your findings and measures you could implement to avoid, eliminate, or minimize adverse affects.

      4-B-1 IF YOU AND THE SERVICE(S) REACH AGREEMENT ON MEASURES TO AVOID ADVERSE EFFECTS, YOU ARE ELIGIBLE UNDER CRITERIA ``D''. Incorporate appropriate measures upon which your eligibility was based into your Storm Water Pollution Prevention Plan and certify eligibility under Part 1.2.3.6.3.4 of the permit. Congratulations, go to Step Five.

      4-C Endangered Species Issues Cannot be Resolved If you cannot reach agreement with the Service(s) on measures to avoid, eliminate, or reduce adverse effects to an acceptable level; and if any likely adverse effects cannot otherwise be addressed through meeting the other criteria of Part 1.2.3.6; then you are not eligible for coverage under the MSGP at this time and must seek coverage under an individual permit. Proceed to 40 CFR 122.26(c) for individual permit application requirements.

      Step Five: Submit Notice of Intent and Document Results of the Eligibility Determination

      Once all other Part 1.2 eligibility requirements have been met, you may submit the Notice of Intent (NOI). Signature and submittal of the NOI is also deemed to constitute your certification, under penalty of law, of your eligibility for permit coverage.

      [[Page 64865]]

      You must include documentation of Part 1.2.3.6 eligibility in the pollution prevention plan required for the facility. Documentation required for the various eligibility criteria are as follows:

      Criteria A--A copy of the County-Species List pages with the county(ies) where your facility and discharges are located and a statement on how you determined that no listed species or critical habitat was in proximity to your discharge. Criteria B--A copy of the Service(s)'s Biological Opinion or concurrence on a finding of ``unlikely to adversely effect'' regarding the ESA Sec. 7 consultation. Criteria C--A copy of the Service(s)'s letter transmitting the ESA Sec. 10 authorization. Criteria D--Documentation on how you determined adverse effects on listed species and critical habitat were unlikely. Criteria E--A copy of the documents originally used by the other operator of your facility (or area including your facility) to satisfy the documentation requirement of Criteria A, B, C or D.

    3. Duty To Implement Terms and Conditions Upon Which Eligibility Was Determined

      You must comply with any terms and conditions imposed under the eligibility requirements of Part 1.2.3.6.3 to ensure that your storm water discharges, allowable non-storm water discharges, and discharge-related activities do not pose jeopardy to listed species and/or critical habitat. You must incorporate such terms and conditions in your facility's Storm Water Pollution Prevention Plan as required by the permit. If the eligibility requirements of Part 1.2.3.6 cannot be met, then you may not receive coverage under this permit. You should then consider applying to the permitting authority for an individual permit.

      1. U.S. Fish and Wildlife Service Offices

        National Website For Endangered Species Information. Endangered Species Home page: http://www.fws.gov/r9endspp/endspp.html

        Regional, State, Field and Project Offices

        USFWS, Region One--Regional Office

        Division Chief, Endangered Species, U.S. Fish and Wildlife Service, ARD Ecological Services, 911 NE 11 Avenue, Portland, OR 97232-4181, (503) 231-6121

        State, Field, and Project Offices (Region One)

        Field Supervisor, U.S. Fish and Wildlife Service, P.O. Box 50088, 300 Ala Moana Blvd., Rm 3108, Honolulu, HI 96850 Field Supervisor, U.S. Fish and Wildlife Service, Upper Columbia R. Basin F&W Office, 11103 East Montgomery Drive, Ste 2, Spokane, WA 99306 State Supervisor, U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600 S.E 98th Avenue Suite 100, Portland, OR 97266 Field Supervisor, U.S. Fish and Wildlife Service, Snake River Basin F&W Office, 1387 South Vinnell Way, Room 368, Boise, Idaho 83709 State Supervisor, U.S. Fish and Wildlife Service, Nevada State Office, 4600 Kietzke Lane, Building C, Rm. 125, Reno, NV 89502-5093 State Supervisor, U.S. Fish and Wildlife Service, Western Washington F&W Office, 510 Desmond Dr., Suite 102, Lacey, WA 98503-1273 Field Supervisor, U.S. Fish and Wildlife Service, Klamath Falls F&W Office, 6600 Washburn Way, Klamath Falls, OR 97603 Field Supervisor, U.S. Fish and Wildlife Service, Klamath River F&W Office, 1215 South Main, Suite 212, Yreka, CA 96097-1006 Field Supervisor, U.S. Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 2730 Loker Avenue West, Carlsbad, CA 92008 Field Supervisor, U.S. Fish and Wildlife Service, Ventura Field Office, 2493 Portola Road, Suite B, Ventura, CA 93003 Project Leader, U.S. Fish and Wildlife Service, Coastal California Fish and Wildlife Office, 1125 16th St., Rm. 209, Arcata, CA 95521- 5582 Project Leader, U.S. Fish and Wildlife Service, Northern Central Valley F&W Office, 10959 Tyler Road, Red Bluff, CA 96080 State Supervisor, U.S. Fish and Wildlife Service, California State Office, 3310 El Camino Avenue, Suite 120, Sacramento, CA 95821-6340 Field Supervisor, U.S. Fish and Wildlife Service, Sacramento Fish & Wildlife Office, 3310 El Camino Avenue, Suite 120, Sacramento, CA 95821-6340

        USFWS Region Two--Regional Office

        Division Chief, Endangered Species, U.S. Fish and Wildlife Service, ARD Ecological Services, P.O. Box 1306, Albuquerque, NM 87103

        State, Field, and Project Offices (Region Two)

        Field Supervisor, U.S. Fish and Wildlife Service, Corpus Christi Field Office, 6300 Ocean Dr., Campus Box 338, Corpus Christi, TX 78412 Field Supervisor, U.S. Fish and Wildlife Service, Arlington Field Office, 711 Stadium Dr., East, Suite 252, Arlington, TX 76011 Field Supervisor, U.S. Fish and Wildlife Service, Clear Lake Field Office, 17629 El Camino Real, Suite 211, Houston, TX 77058 Field Supervisor, U.S. Fish and Wildlife Service, Oklahoma Field Office, 222 S. Houston, Suite a, Tulsa, OK 74127 Field Supervisor, U.S. Fish and Wildlife Service, New Mexico Field Office, 2105 Osuna, NE, Albuquerque, NM 87113 Field Supervisor, U.S. Fish and Wildlife Service, Austin Ecological Serv. Field Office, 10711 Burnet Road, Suite 200, Austin, TX 78758 Field Supervisor, U.S. Fish and Wildlife Service, Arizona State Office, 2321 W. Royal Palm Road, Suite 103, Phoenix, AZ 85021-4951

        USFWS Region Three--Regional Office

        Division Chief, Endangered Species, U.S. Fish and Wildlife Service, ARD Ecological Services, BHW Federal Bldg, 1 Federal Drive, Fort Snelling, MN 55111-4056

        State, Field, and Project Offices (Region Three)

        Field Supervisor, U.S. Fish and Wildlife Service, Chicago, Illinois Field Office, 1000 Hart Rd., Suite 180, Barrington, IL 60010 Field Supervisor, U.S. Fish and Wildlife Service, East Lansing Field Office, 2651 Coolidge Road, East Lansing, MI 48823 Field Supervisor, U.S. Fish and Wildlife Service, Reynoldsburg Field Office, 6950 Americana Parkway, Suite H, Reynoldsburg, OH 43068-4132 Field Supervisor, U.S. Fish and Wildlife Service, Bloomington Field Office, 620 South Walker Street, Bloomington, IN 47403-2121 Field Supervisor, U.S. Fish and Wildlife Service, Twin Cities E.S. Field Office, 4101 East 80th Street, Bloomington, MN 55425-1665 Field Supervisor, U.S. Fish and Wildlife Service, Columbia Field Office, 608 East Cherry Street, Room 200, Columbia, MO 65201-7712 Field Supervisor, U.S. Fish and Wildlife Service, Green Bay Field Office, 1015 Challenger Court, Green Bay, WI 54311-8331 Field Supervisor, U.S. Fish and Wildlife Service, Rock Island Field Office, 4469 48th Avenue Court, Rock Island, IL 61201 Field Supervisor, U.S. Fish and Wildlife Service, Marion Suboffice, Route 3, Box 328, Marion, IL 62959-4565

        USFWS Region Four--Regional Office

        Division Chief, Endangered Species, U.S. Fish and Wildlife Service, ARD--Ecological Services, 1875 Century Blvd., Suite 200, Atlanta, GA 30345

        State, Field, and Project Offices (Region Four)

        Field Supervisor, U.S. Fish and Wildlife Service, Panama City Field Office, 1612 June Avenue, Panama City, FL 32405-3721 Field Supervisor, U.S. Fish and Wildlife Service, South Florida Ecosystem Field Office, 1360 U.S. Hwy 1, #5; P.O. Box 2676, Vero Beach, FL 32961-2676 Field Supervisor, U.S. Fish and Wildlife Service, Caribbean Field Office, P.O. Box 491, Boqueron, PR 00622 Field Supervisor, U.S. Fish and Wildlife Service, Puerto Rican Parrot Field Office, P.O. Box 1600, Rio Grande, PR 00745 Field Supervisor, U.S. Fish and Wildlife Service, Brunswick Field Office, 4270 Norwich Street, Brunswick, GA 31520-2523 Field Supervisor, U.S. Fish and Wildlife Service, Jacksonville Field Office, 6620 Southpoint Drive S., Suite 310, Jacksonville, FL 32216- 0912 Field Supervisor, U.S. Fish and Wildlife Service, Charleston Field Office, 217 Ft. Johnson Road, P.O. Box 12559, Charleston, SC 29422- 2559 Field Supervisor, U.S. Fish and Wildlife Service, Clemson F.O., Dept. of Forest Resources, 261 Lehotsky Hall, Box 341003, Clemson, SC 29634-1003 Field Supervisor, U.S. Fish and Wildlife Service, Raleigh Field Office, P.O. Box 33726, Raleigh, NC 27636-3726 Field Supervisor, U.S. Fish and Wildlife Service, Cookeville Field Office, 446 Neal Street, Cookeville, TN 38501

        [[Page 64866]]

        Field Supervisor, U.S. Fish and Wildlife Service, Asheville Field Office, 160 Zillicoa Street, Asheville, NC 28801 Field Supervisor, U.S. Fish and Wildlife Service, Daphne Field Office, P.O. Drawer 1190, Daphne, AL 36526 Field Supervisor, U.S. Fish and Wildlife Service, Vicksburg Field Office, 2524 S. Frontage Road, Suite B, Vicksburg, MS 39180-5269 Field Supervisor, U.S. Fish and Wildlife Svc., Lafayette Field Office, Brandywine II, Suite 102, 825 Kaliste Saloom Road, Lafayette, LA 70508 Field Supervisor, U.S. Fish and Wildlife Service, Jackson Field Office, 6578 Dogwood View Pkwy Suite A, Jackson, MS 39213

        Region Five--Regional Office

        Division Chief, Endangered Species, U.S. Fish and Wildlife Service, ARD Ecological Services, 300 Westgate Center Drive, Hadley, MA 01035-9589

        State, Field and Project Offices (Region Five)

        Project Leader, U.S. Fish and Wildlife Service, Delaware Bay Estuary Project, 2610 Whitehall Neck Road, Smyrna, DE 19977 Project Leader, U.S. Fish and Wildlife Service, Southern New England/NYBCE Program, Shoreline Plaza, Route 1A, P.O. Box 307, Charlestown, RI 02813 Project Leader, U.S. Fish and Wildlife Service, Gulf of Maine Project, 4 R Fundy Road, Falmouth, ME 04105 Project Leader U.S. Fish and Wildlife Service, Chesapeake Bay Field, Office, 177 Admiral Cochrane Drive, Annapolis, Maryland 21401 Project Leader, U.S. Fish and Wildlife Service, Virginia Field Office, P.O. Box 99, 6669 Short Lane, Gloucester, VA 23061 Project Leader, U.S. Fish and Wildlife Service, Southwestern Virginia Field Office, P.O. Box 2345, Abingdon, VA 24212 Project Leader, U.S. Fish and Wildlife Service, New England Field Office, 22 Bridge St., Unit #1, Concord, New Hampshire 03301-4986 Project Leader, U.S. Fish and Wildlife Service, Maine Field Office, 1033 South Main St., Old Town, Maine 04468 Project Leader, U.S. Fish and Wildlife Service, Rhode Island Field Office, Shoreline Plaza, Route 1A; P.O. Box 307, Charlestown, Rhode Island 02813 Project Leader, U.S. Fish and Wildlife Service, Vermont Field Office, 11 Lincoln Street, Winston Prouty Federal Building, Essex Junction, VT 05452 Project Leader, U.S. Fish and Wildlife Service, New Jersey Field Office, 927 North Main St., Bldg. D1, Pleasantville, New Jersey 08232 Project Leader, U.S. Fish and Wildlife Service, New York Field Office, 3817 Luker Road, Cortland, New York 13045 Project Leader, U.S. Fish and Wildlife Service, Long Island Field Office, P.O. Box 608, Islip, New York 11751-0608 Project Leader, U.S. Fish and Wildlife Service, Pennsylvania Field Office, 315 S. Allen St., Suite 322, State College, Pennsylvania 16801 Project Leader, U.S. Fish and Wildlife Service, Eastern Pennsylvania Field Office, 11 Hap Arnold Boulevard, Box H, Tobyhanna, Pennsylvania 18466-0080 Project Leader, U.S. Fish and Wildlife Service, West Virginia Field Office, Route 250, S.--Elkins Shopping Plaza, Elkins, West Virginia 26241

        Region Six--Regional Office

        Division Chief, Endangered Species, U.S. Fish and Wildlife Service, ARD-Ecological Services, P.O. Box 25486, DFC, Denver, CO 80225

        State, Field, and Project Offices (Region Six)

        Field Supervisor, U.S. Fish and Wildlife Service, Montana Field Office, 100 N. Park, Suite 320, Helena, MT 59601 Sub-Office Supervisor, U.S. Fish and Wildlife Service, Billings Sub- Office, 2900 4th Ave. North-Rm 301, Billings, MT 59101 Sub-Office Supervisor, U.S. Fish and Wildlife Service, Kalispell Sub-Office, 780 Creston Hatchery Road, Kalispell, MT 59901 Grizzly Bear Recovery Coordinator, U.S. Fish and Wildlife Service, Forestry Sciences Lab, University of Montana, Missoula, MT 59812 Field Supervisor, U.S. Fish and Wildlife Service, North Dakota Field Office, 1500 Capitol Avenue, Bismarck, ND 58501 Field Supervisor, U.S. Fish and Wildlife Service, Nebraska Field Office, 203 W. 2nd Street; Federal Bldg., 2nd Floor, Grand Island, NE 68801 Field Supervisor, U.S. Fish and Wildlife Service, Kansas Field Office, 315 Houston, Suite E, Manhattan, KS 66502 Field Supervisor, U.S. Fish and Wildlife Service, South Dakota Field Office, 420 S. Garfield Ave., Suite 400, Pierre, SD 57501-5408 Field Supervisor, U.S. Fish and Wildlife Service, Salt Lake City Field Office, Lincoln Plaza, 145 East 1300 South--Suite 404, Salt Lake City, UT 84115 Field Supervisor, U.S. Fish and Wildlife Service, Colorado Field Office, 730 Simms, Suite 290, Golden, CO 80401-4798 Field Supervisor, U.S. Fish and Wildlife Service, Western Colorado Field Office, 764 Horizon Drive South, Annex A, Grand Junction, CO 81506-3946 Field Supervisor, U.S. Fish and Wildlife Service, Wyoming Field Office, 4000 Morrie Avenue, Cheyenne, WY 82001 E.S. Coordinator, U.S. Fish and Wildlife Service, Rocky Mountain Arsenal, National Wildlife Area, Building 111, Commerce City, CO 80022-1748 Colorado River Recovery Coordinator, U.S. Fish and Wildlife Service, P.O. Box 25486, DFC, Denver, CO 80225 U.S. Fish and Wildlife Service, Laramie Black Footed Ferret Office, 410 Grand Ave., Suite 315, Laramie, WY 80270

        Region Seven--Regional Office

        Division Chief, Endangered Species, U.S. Fish and Wildlife Service, ARD Ecological Services, 1011 E. Tudor Road, Anchorage, AK 99503

        State, Field, and Project Offices (Region Seven)

        Field Supervisor, U.S. Fish and Wildlife Service, Ecological Services, 605 West 4th Avenue, Room G-62, Anchorage, AK 99501 Field Supervisor, U.S. Fish and Wildlife Service, Ecological Services, 101 12th Avenue, Box 19 (Room 232), Fairbanks, AK 99701 Field Supervisor, U.S. Fish and Wildlife Service, Ketchikan Sub- office, 103 Main Street, P.O. Box 3193, Ketchikan, AK 99901 Field Supervisor, U.S. Fish and Wildlife Service, Ecological Services, 300 Vintage Blvd., Suite 201, Juneau, AK 99801 Region Eight--Has not yet been created out of the other FWS Regions at the time of this posting.

        Region Nine

        Janet Ady--Outreach, U.S. Fish and Wildlife Service, National Conservation Training Center, Route 3, Box 49, Kearneysville, WV 25430 Dan Benfield--Training, U.S. Fish and Wildlife Service, National Conservation Training Center, Route 3, Box 49, Kearneysville, WV 25430

      2. National Marine Fisheries Service Offices

        The National Marine Fisheries Service is developing a database to provide county and territorial water (up to three miles offshore) information on the presence of endangered and threatened species and critical habitat. The database should be found at the ``Office of Protected Resources'' site on the NMFS Homepage at http:// www.nmfs.gov.

        Regional and Field Offices--Northeast Region

        Protected Resources Program, National Marine Fisheries Service, Northeast Region, One Blackburn Drive, Gloucester, Massachusetts 01930 Milford Field Office, National Marine Fisheries Service, 212 Rogers Avenue, Milford, Connecticut 06460 Oxford Field Office, National Marine Fisheries Service, 904 So. Morris Street, Oxford, Maryland 21654 Sandy Hook Field Office, James J. Howard Marine Sciences Laboratory, National Marine Fisheries Service, 74 Magruder Road, Highlands, New Jersey 07732 Protected Species Branch, National Marine Fisheries Service, Northeast Fisheries Science Center, 166 Water Street, Woods Hole, Massachusetts 02543

        Southeast Region

        Protective Species Management Branch, National Marine Fisheries Service, Southeast Region, 9721 Executive Center Drive, St. Petersburg, Florida 33702-2432

        Northwest Region

        Protected Species Division, National Marine Fisheries Service, Northwest Region, 525 NE Oregon, Suite 500, Portland, Oregon 97232- 2737 Boise Field Office, National Marine Fisheries Service, 1387 S. Vinnel Way, Suite 377, Boise, Idaho 83709 Olympia Field Office, National Marine Fisheries Service, 510 Desmond Drive, SE, Suite 103, Lacey, Washington 98503

        [[Page 64867]]

        Roseburg Field Office, National Marine Fisheries Service, 2900 Stewart Parkway NW, Roseburg, Oregon 97470 Rufus Field Office, National Marine Fisheries Service, P.O. Box 67, 704 ``E'' 1st, Rufus, Oregon 97050

        Southwest Region

        Protected Species Management Division, Southwest Region, National Marine Fisheries Service, 501 West Ocean Blvd., Suite 4200, Long Beach, California 90802-4213 Arcata Field Office, National Marine Fisheries Service, 1125 16th Street, Room 209, Arcata, California 95521 Eureka Field Office, National Marine Fisheries Service, 1330 Bayshore Way, Eureka, California 95501 Pacific Islands Area Field Office, National Marine Fisheries Service, 2570 Dole Street, Room 106, Honolulu, Hawaii 96822-2396 Santa Rosa Field Office, Protected Resources Program, National Marine Fisheries Service, 777 Sonoma Avenue, Room 325, Santa Rosa, California 95404

        Alaska Region

        Protected Resources Management, Division, Alaska Region, National Marine Fisheries Service, 709 West 9th Street, Federal Building 461, P.O. Box 21767, Juneau, Alaska 99802 Anchorage Office, 222 West 7th Avenue, Box 10, Anchorage, Alaska 99513-7577

      3. Natural Heritage Centers

        The Natural Heritage Network comprises 85 biodiversity data centers throughout the Western Hemisphere. These centers collect, organize, and share data relating to endangered and threatened species and habitat. The network was developed to inform land-use decisions for developers, corporations, conservationists, and government agencies and is also consulted for research and educational purposes. The centers maintain a Natural Heritage Network Control Server Website (http://www.heritage.tnc.org) which provides website and other access to a large number of specific biodiversity centers. Some of these centers are listed below: Alabama Natural Heritage Program, Huntingdon College, Massey Hall, 1500 East Fairview Avenue, Montgomery, AL 36106-2148, (334) 834-4519 Fax: (334) 834-5439, Internet: alnhp@wsnet.com Alaska Natural Heritage Program, University of Alaska Anchorage, 707 A Street, Anchorage, AK 99501, 907/257-2702 Fax: 907/258-9139, Program Director: David Duffy, 257-2707, Internet: afdcd1@orion.alaska.edu Arizona Heritage Data Management System, Arizona Game & Fish Department, WM-H, 2221 W. Greenway Road, Phoenix, AZ 85023, 602/789- 3612 Fax: 602/789-3928, Internet: hdms@gf.state.az.us Internet: hdms1@gf.state.az.us Arkansas Natural Heritage Commission, Suite 1500, Tower Building, 323 Center Street, Little Rock, AR 72201, 501/324-9150 Fax: 501/324- 9618, Director: Harold K. Grimmett, -9614 California Natural Heritage Division, Department of Fish & Game, 1220 S Street, Sacramento, CA 95814, 916/322-2493 Fax: 916/324-0475 Colorado Natural Heritage Program, Colorado State University, 254 General Services Building, Fort Collins, CO 80523, 970/491-1309 Fax: 970/491-3349 Connecticut Natural Diversity Database, Natural Resources Center, Department of Environmental Protection, 79 Elm Street, Store Level, Hartford, CT 06106-5127, 860/424-3540 Fax: 860/424-4058 Delaware Natural Heritage Program, Division of Fish & Wildlife, Department of Natural Resources & Environmental Control, 4876 Hay Point Landing Road Smyrna, DE 19977, 302/653-2880 Fax: 302/653-3431 District of Columbia Natural Heritage Program, 13025 Riley's Lock Road, Poolesville, MD 20837, 301/427-1302 Fax: 301/427-1355 Florida Natural Areas Inventory, 1018 Thomasville Road, Suite 200-C, Tallahassee, FL 32303, 904/224-8207 Fax: 904/681-9364 Florida Natural Areas Inventory, Eglin Air Force Base, P.O. Box 1150, Niceville, FL 32588, 904/883-6451 Fax: 904/682-8381 Georgia Natural Heritage Program, Wildlife Resources Division, Georgia Department of Natural Resources, 2117 U.S. Highway 278 S.E., Social Circle, GA 30279, 706/557-3032 or 770/918-6411, Fax: 706/557- 3033 or 706/557-3040 Internet: natural_heritage@mail.dnr.state.ga.us Hawaii Natural Heritage Program, The Nature Conservancy of Hawaii, 1116 Smith Street, Suite 201, Honolulu, HI 96817, 808/537-4508 Fax: 808/545-2019 Idaho Conservation Data Center, Department of Fish & Game, 600 South Walnut Street, Box 25, Boise, ID 83707-0025, 208/334-3402 Fax: 208/ 334-2114 Illinois Natural Heritage Division, Department of Natural Resources, Division of Natural Heritage, 524 South Second Street, Springfield, IL 62701-1787, 217/785-8774 Fax: 217/785-8277 Illinois Nature Preserves Commission, Director: Carolyn Grosboll, Deputy Dir/Steward: Randy Heidorn, Deputy Dir/Protect: Don McFall, Office Specialist: Karen Tish, 217/785-8774 Fax: 217/785-8277 Indiana Natural Heritage Data Center, Division of Nature Preserves, Department of Natural Resources, 402 West Washington Street, Room W267, Indianapolis, IN 46204, 317/232-4052 Fax: 317/233-0133 Iowa Natural Areas Inventory, Department of Natural Resources, Wallace State Office Building, Des Moines, IA 50319-0034, Fax: 515/ 281-6794, Coordinator/Zoologist: Daryl Howell, 515/281-8524 Kansas Natural Heritage Inventory, Kansas Biological Survey, 2041 Constant Avenue, Lawrence, KS 66047-2906, 913/864-3453 Fax: 913/864- 5093 Kentucky Natural Heritage Program, Kentucky State Nature Preserves Commission, 801 Schenkel Lane, Frankfort, KY 40601, 502/573-2886 Fax: 502/573-2355 Louisiana Natural Heritage Program, Department of Wildlife & Fisheries, P.O. Box 98000, Baton Rouge, LA 70898-9000, 504/765-2821 Fax: 504/765-2607 Maine Natural Areas Program, Department of Conservation (FedEx/UPS: 159 Hospital Street), 93 State House Station, Augusta, ME 04333- 0093, 207/287-8044 Fax: 207/287-8040, Internet: mnap@state.me.us Web site: http://www.state.me.us/doc/mnap/home.htm Maryland Heritage & Biodiversity Conservation Programs, Department of Natural Resources, Tawes State Office Building, E-1, Annapolis, MD 21401, 410/260-8540 Fax: 410/260-8595, Web site: http:// www.heritage.tnc.org/nhp/us/md/ Massachusetts Natural Heritage & Endangered Species Program, Division of Fisheries & Wildlife, Route 135, Westborough, MA 01581 508/792-7270 ext. 200 Fax: 508/792-7275 Michigan Natural Features Inventory, Mason Building, 5th floor (FedEx/UPS: 530 W Allegan, 48933), Box 30444, Lansing, MI 48909- 7944, 517/373-1552 Fax: 517/373-6705, Director: Leni Wilsmann, 373- 7565, Internet: wilsmanl@wildlife.dnr.state.mi.us Minnesota Natural Heritage & Nongame Research, Department of Natural Resources, 500 Lafayette Road, Box 7, St. Paul, MN 55155, 612/297- 4964 Fax: 612/297-4961 Mississippi Natural Heritage Program, Museum of Natural Science, 111 North Jefferson Street, Jackson, MS 39201-2897, 601/354-7303 Fax: 601/354-7227 Missouri Natural Heritage Database, Missouri Department of Conservation, P.O. Box 180 (FedEx: 2901 West Truman Blvd), Jefferson City, MO 65102-0180, 573/751-4115 Fax: 573/526-5582 Montana Natural Heritage Program, State Library Building, 1515 E. 6th Avenue, Helena, MT 59620, 406/444-3009 Fax: 406/444-0581, Internet: mtnhp@nris.msl.mt.gov, Homepage/World Wide Web: http:// nris.msl.mt.gov/mtnhp/nhp-dir.html Navajo Natural Heritage Program, P.O. Box 1480, Window Rock, Navajo Nation, AZ 86515, (520) 871-7603, (520) 871-7069 (FAX) Nebraska Natural Heritage Program, Game and Parks Commission, 2200 North 33rd Street, P.O. Box 30370, Lincoln, NE 68503, 402/471-5421 Fax: 402/471-5528 Nevada Natural Heritage Program, Department of Conservation & Natural Resources, 1550 E. College Parkway, Suite 145, Carson City, NV 89706-7921, 702/687-4245 Fax: 702/885-0868 New Hampshire Natural Heritage Inventory, Department of Resources & Economic Development, 172 Pembroke Street, P.O. Box 1856, Concord, NH 03302, 603/271-3623 Fax: 603/271-2629 New York Natural Heritage Program, Department of Environmental Conservation, 700 Troy-Schenectady Road, Latham, NY 12110-2400, 518/ 783-3932 Fax: 518/783-3916, Computer: 518/783-3946 North Carolina Heritage Program, NC Department of Environment, Health & Natural Resources, Division of Parks & Recreation, P.O. Box 27687, Raleigh, NC 27611-7687, 919-733-4181 Fax: 919/715-3085 North Dakota Natural Heritage Inventory, North Dakota Parks & Recreation

        [[Page 64868]]

        Department, 1835 Bismarck Expressway, Bismarck, ND 58504, 701/328- 5357 Fax: 701/328-5363 Ohio Natural Heritage Data Base, Division of Natural Areas & Preserves, Department of Natural Resources, 1889 Fountain Square, Building F-1, Columbus, OH 43224, 614/265-6453 Fax: 614/267-3096 Oklahoma Natural Heritage Inventory, Oklahoma Biological Survey, 111 East Chesapeake Street, University of Oklahoma, Norman, OK 73019- 0575, 405/325-1985 Fax: 405/325-7702, Web site: http:// obssun02.uoknor.edu/biosurvey/onhi/home.html Oregon Natural Heritage Program, Oregon Field Office, 821 SE 14th Avenue, Portland, OR 97214 503/731-3070; 230-1221 Fax: 503/230-9639

        Pennsylvania Natural Diversity Inventory (East, West, Central)

        * Pennsylvania Natural Diversity Inventory--East, The Nature Conservancy, 34 Airport Drive, Middletown, PA 17057, 717/948-3962 Fax: 717/948-3957 * Pennsylvania Natural Diversity Inventory--West, Western Pennsylvania Conservancy, Natural Areas Program, 316 Fourth Avenue, Pittsburgh, PA 15222, 412/288-2777 Fax: 412/281-1792 * Pennsylvania Natural Diversity Inventory--Central, Bureau of Forestry, P.O. Box 8552, Harrisburg, PA 17105-8552, 717/783-0388 Fax: 717/783-5109 Puerto Rico Natural Heritage Program, Division de Patrimonio Natural, Area de Planificacion Integral, Departamento de Recursos Naturales y Ambientales de Puerto Rico, P.O. Box 5887, Puerta de Tierra, Puerto Rico 00906, Tel: 787-722-1726, Fax: 787-725-9526 Rhode Island Natural Heritage Program, Department of Environmental Management, Division of Planning & Development, 83 Park Street, Providence, RI 02903, 401/277-2776, x4308 Fax: 401/277-2069 South Carolina Heritage Trust, SC Department of Natural Resources, P.O. Box 167, Columbia, SC 29202, 803/734-3893 Fax: 803/734-6310 (Call first) South Dakota Natural Heritage Data Base, SD Department of Game, Fish & Parks Wildlife Division, 523 E. Capitol Avenue, Pierre, SD 57501- 3182, 605/773-4227 Fax: 605/773-6245 Tennessee Division of Natural Heritage, Department of Environment & Conservation, 401 Church Street, Life and Casualty Tower, 8th Floor, Nashville, TN 37243-0447, 615/532-0431 Fax: 615/532-0614 Texas Biological and Conservation Data System, 3000 South IH-35, Suite 100, Austin, TX 78704, 512/912-7011 Fax: 512/912-7058 U.S. Virgin Islands Conservation Data Center, Eastern Caribbean Center, University of the Virgin Islands, No. 2 John Brewers Bay, St. Thomas, VI 00802, (809) 693-1030 [Voice] (809) 693-1025, [Fax], Home Page: cdc.uvi.edu, E-Mail:dbarry@uvi.edu Utah Natural Heritage Program, Division of Wildlife Resources, 1596 West North Temple, Salt Lake City, UT 84116, 801/538-4761 Fax: 801/ 538-4709 Vermont Nongame & Natural Heritage Program, Vermont Fish & Wildlife Department, 103 S. Main Street, 10 South, Waterbury, VT 05671-0501, 802/241-3700 Fax: 802/241-3295 Virginia Division of Natural Heritage, Department of Conservation & Recreation, Main Street Station, 1500 E. Main Street, Suite 312, Richmond, VA 23219, 804/786-7951 Fax: 804/371-2674 Washington Natural Heritage Program, Department of Natural Resources, (FedEx: 1111 Washington Street, SE), P.O. Box 47016, Olympia, WA 98504-7016, 360/902-1340 Fax: 360/902-1783 West Virginia Natural Heritage Program, Department of Natural Resources, Operations Center, Ward Road, P.O. Box 67, Elkins, WV 26241, 304/637-0245 Fax: 304/637-0250 Wisconsin Natural Heritage Program, Endangered Resources, Department of Natural Resources, 101 S. Webster Street, Box 7921, Madison, WI 53707, 608/266-7012 Fax: 608/266-2925 Wyoming Natural Diversity Database, 1604 Grand Avenue, Suite 2, Laramie, WY 82070, 307/745-5026 Fax: 307/745-5026 (Call first), Internet: wyndd@lariat.or

        Addendum B--Historic Properties Guidance

        Applicants must determine whether their facility's storm water discharges, allowable non-storm water discharges, or construction of best management practices (BMPs) to control such discharges, has potential to affect a property that is either listed or eligible for listing on the National Register of Historic Places.

        For existing dischargers who do not need to construct BMPs for permit coverage, a simple visual inspection may be sufficient to determine whether historic properties are affected. However, for facilities which are new industrial storm water dischargers and for existing facilities which are planning to construct BMPs for permit eligibility, applicants should conduct further inquiry to determine whether historic properties may be affected by the storm water discharge or BMPs to control the discharge. In such instances, applicants should first determine whether there are any historic properties or places listed on the National Register or if any are eligible for listing on the register (e.g., they are ``eligible for listing'').

        Due to the large number of entities seeking coverage under this permit and the limited number of personnel available to State and Tribal Historic Preservation Officers nationwide to respond to inquiries concerning the location of historic properties, EPA suggests that applicants first access the ``National Register of Historic Places'' information listed on the National Park Service's web page (see Part I of this addendum). Addresses for State Historic Preservation Officers and Tribal Historic Preservation Officers are listed in Parts II and III of this addendum, respectively. In instances where a Tribe does not have a Tribal Historic Preservation Officer, applicants should contact the appropriate Tribal government office when responding to this permit eligibility condition. Applicants may also contact city, county or other local historical societies for assistance, especially when determining if a place or property is eligible for listing on the register.

        The following three scenarios describe how applicants can meet the permit eligibility criteria for protection of historic properties under this permit:

        (1) If historic properties are not identified in the path of a facility's storm water and allowable non-storm water discharges or where construction activities are planned to install BMPs to control such discharges (e.g., diversion channels or retention ponds), then the applicant has met the permit eligibility criteria under Part 1.2.3.7.1.

        (2) If historic properties are identified but it is determined that they will not be affected by the discharges or construction of BMPs to control the discharge, the applicant has met the permit eligibility criteria under Part 1.2.3.7.1.

        (3) If historic properties are identified in the path of a facility's storm water and allowable non-storm water discharges or where construction activities are planned to install BMPs to control such discharges, and it is determined that there is the potential to adversely affect the property, the applicant can still meet the permit eligibility criteria under Part 1.2.3.7.2 if he/she obtains and complies with a written agreement with the appropriate State or Tribal Historic Preservation Officer which outlines measures the applicant will follow to mitigate or prevent those adverse effects. The contents of such a written agreement must be included in the facility's Storm Water Pollution Prevention Plan. The NOI form is being amended to include which option was selected to demonstrate compliance with NHPA provisions. EPA will notify applicants when the new NOI form takes effect.

        In situations where an agreement cannot be reached between an applicant and the State or Tribal Historic Preservation Officer, applicants should contact the Advisory Council on Historic Preservation listed in Part IV of this addendum for assistance.

        The term ``adverse effects'' includes but is not limited to damage, deterioration, alteration or destruction of the historic property or place. EPA encourages applicants to contact the appropriate State or Tribal Historic Preservation Officer as soon as possible in the event of a potential adverse effect to a historic property.

        Applicants are reminded that they must comply with applicable State, Tribal and local laws concerning the protection of historic properties and places.

      4. Internet Information on the National Register of Historic Places

        An electronic listing of the ``National Register of Historic Places,'' as maintained by the National Park Service on its National Register Information System (NRIS), can be accessed on the Internet at ``http://www.nr.nps.gov/nrishome.htm''. Remember to use small case letters when accessing Internet addresses.

        [[Page 64869]]

      5. State Historic Preservation Officers (SHPO)

        SHPO and Deputy SHPO List:

        Alabama

        Dr. Lee Warner, SHPO, Alabama Historical Commission, 468 South Perry Street, Montgomery, AL 36130-0900, 334-242-3184 FAX: 334-240-3477, E-Mail: lwarner@mail.preserveala.org/ Deputy: Ms. Elizabeth Ann Brown, E-Mail: ebrown@mail.preserveala. orgwww.preserveala.org

        Alaska

        Ms. Judith Bittner, SHPO, Alaska Department of Natural Resources, Office of History & Archeology, 550 West 7th Avenue, Suite 1310, Anchorage, AK 99501-3565, 907-269-8721 FAX: 907-269-8908, E-Mail: judyb@dnr.state.ak.us Deputy: Joan Antonson, www.dnr.state.ak.us/parks/oha_web

        American Samoa

        Mr. John Enright, HPO, Executive Offices of the Governor, American Samoa Historic Preservation Office, American Samoa Government, Pago Pago, American Samoa 96799, 011-684-633-2384 FAX: 684-633-2367, E- Mail: enright@samoatelco.com Deputy: Mr. David J. Herdrich, E-Mail: herdrich@samoatelco.com

        Arizona

        Mr. James W. Garrison, SHPO, Arizona State Parks, 1300 West Washington, Phoenix, AZ 85007, 602-542-4174 FAX: 602-542-4180, E- Mail: jgarrison@pr.state.az.us Deputy: Ms. Carol Griffith, E-Mail: cgriffith@pr.state.az.uswww.pr.state.az.us

        Arkansas

        Ms. Cathryn B. Slater, SHPO, Arkansas Historic Preservation Program, 323 Center Street, Suite 1500, Little Rock, AR 72201, 501-324-9880 FAX: 501-324-9184, E-Mail: cathy@dah.state.ar.us Deputy: Mr. Ken Grunewald, 501-324-9356, E-Mail: keng@dah.state.ar.us

        California

        Daniel Abeyta, Acting SHPO, Ofc of Hist Pres, Dept Parks & Recreation, P.O. Box 942896, Sacramento CA 94296-0001, 916-653-6624 FAX: 916-653-9824, E-Mail: dabey@ohp.parks.ca.gov Deputy: http://cal-parks.ca.gov

        Colorado

        Ms. Georgianna Contiguglia, SHPO, Colorado Historical Society, 1300 Broadway, Denver, CO 80203, 303-866-3395 FAX: 303-866-4464, Deputy: Mr. Mark Wolfe, 303-866-2776, FAX: 303-866-2041, E-Mail: mark.wolfe@chs.state.co.us Deputy: Dr. Susan M. Collins, 303-866-2736, E-Mail: susan.collins@chs.state.co.us Tech Ser: Ms. Kaaren Hardy, 303-866-3398, E-Mail: kaaren.hardy@chs.state.co.uswww. coloradohistory-oahp.org

        Connecticut

        Mr. John W. Shannahan, SHPO, Connecticut Historical Commission, 59 So. Prospect Street, Hartford, CT 06106, 860-566-3005 FAX: 860-566- 5078, E-Mail: cthist@neca.com Deputy: Dr. Dawn Maddox, Pres Programs Sup

        Delaware

        Mr. Daniel Griffith, SHPO, Division of Historical and Cultural Affairs, P.O. Box 1401, Dover, DE 19903, 302-739-5313 FAX: 302-739- 6711, E-Mail: dgriffith@state.de.us Deputy: Ms. Joan Larrivee, Delaware State Hist Preservation Office, 15 The Green, Dover, DE 19901, 302-739-5685 FAX: 302-739-5660, E- Mail: jlarrivee@state.de.us

        District of Columbia

        Mr. Gregory McCarthy, SHPO, Historic Preservation Division, Suite 305, 941 N. Capitol Street, NE., Room 2500, Washington, DC 20002, 202-442-4570 FAX: 202-442-4860, www.dcra.org Deputy: Mr. Stephen J. Raiche

        Florida

        Dr. Janet Snyder Matthews, SHPO, Director, Div of Historical Resources, Dept of State, R. A. Gray Building, 4th Floor, 500 S. Bronough St., Tallahassee, FL 32399-0250, 850-488-1480 FAX 850-488- 3353, E-Mail: jmatthews@mail.dos.state.fl.us 800-847-7278 www.dos.state.fl.us/dhr/contents.html

        Georgia

        Mr. Lonice C. Barrett, SHPO, Historic Preservation Division/DNR, 156 Trinity Avenue, SW, Suite 101, Atlanta, GA 30303-3600, 404-656-2840 FAX 404-651-8739 Deputy: Dr. W. Ray Luce, Director, E-Mail: ray_luce@mail.dnr.state.ga.us Deputy: Ms. Carole Griffith, E-Mail: carole_griffith@mail.dnr.state.ga.us Deputy: Mr. Richard Cloues, E-Mail: richard_cloues@ mail.dnr.state.ga.uswww.dnr. state.ga.us/dnr/histpres/

        Guam

        Lynda B. Aguon, SHPO, Guam Historic Preservation Office, Department of Parks & Recreation, PO Box 2950 Building 13-8 Tiyan, Hagatna, Guam 96932, 1-671-475-6290 FAX: 1-671-477-2822, E-Mail: laguon@mail.gov.gu http://www.admin.gov.gu/dpr/hrdhome.html

        Hawaii

        Mr. Timothy Johns, SHPO, Department of Land & Natural Resources, P.O. Box 621, Honolulu, HI 96809, 808-587-0401 Deputy: Ms. Janet Kawelo, Deputy: Dr. Don Hibbard, State Historic Preservation Division, Kakuhihewa Building, Suite 555, 601 Kamokila Boulevard, Kapolei, HI 96707, 808-692-8015 FAX: 808-692-8020, E-Mail: dlnr@pixi.comwww.hawaii.gov/dlnr

        Idaho

        Steve Guerber, SHPO, Idaho State Historical Society, 1109 Main Street, Suite 250, Boise, ID 83702-5642, 208-334-2682 Deputy: Suzi Neitzel, 208-334-3847 FAX: 208-334-2775, E-Mail: sneitzel@ishs.state.id.us Deputy: Ken Reid, 208-334-3861

        Illinois

        Mr. William L. Wheeler, SHPO, Associate Director, Illinois Historic Preservation Agency, 1 Old State Capitol Plaza, Springfield, IL 62701-1512, 217-785-1153 FAX: 217-524-7525 Deputy: Mr. Theodore Hild, Chief of Staff, E-Mail: thild@hpa084r1.state.il.us, Deputy: Ms. Anne Haaker

        Indiana

        Mr. Larry D. Macklin, SHPO, Director, Department of Natural Resources, 402 West Washington Street, Indiana Govt. Center South, Room W256, Indianapolis, IN 46204, E-Mail: dhpa@dnr.state.in.us Deputy: Jon C. Smith, 317-232-1646 FAX: 317-232-0693, E-Mail: jsmith@dnr.state.in.us

        Iowa

        Mr. Tom Morain, SHPO, State Historical Society of Iowa, Capitol Complex, East 6th and Locust St., Des Moines, IA 50319, 515-281-5419 FAX: 515-242-6498, E-Mail: shpo_iowa@nps.gov Ms. Patricia Ohlerking, DSHPO, 515-281-8824 FAX: 515-282-0502, pohlerk@max.state.is.us

        Kansas

        Dr. Ramon S. Powers, SHPO, Executive Director, Kansas State Historical Society, 6425 Southwest 6th Avenue, Topeka, KS 66615- 1099, 785-272-8681 x205 FAX: 785-272-8682, E-Mail: rpowers@hspo.wpo.state.ks.us Deputy: Mr. Richard D. Pankratz, Director, Historic Pres Dept 785- 272-8681 x217 Deputy: Dr. Cathy Ambler, 785-272-8681 x215 E-Mail: cambler@kshs.org

        Kentucky

        Mr. David L. Morgan, SHPO, Executive Director, Kentucky Heritage Council, 300 Washington Street, Frankfort, KY 40601, 502-564-7005 FAX: 502-564-5820, E-Mail: dmorgan@mail.state.ky.us

        Louisiana

        Ms. Gerri Hobdy, SHPO, Dept of Culture, Recreation & Tourism, P.O. Box 44247, Baton Rouge, LA 70804, 225-342-8200 FAX 225-342-8173 Deputy: Mr. Robert Collins 225-342-8200, E-Mail: rcollins@crt.state.la.us Deputy: Mr. Jonathan Fricker 225-342-8160, E-Mail: jfricker@crt.state.la.us www.crt.state.la.us

        Maine

        Mr. Earle G. Shettleworth, Jr., SHPO, Maine Historic Preservation Commission, 55 Capitol Street, Station 65, Augusta, ME 04333, 207- 287-2132 FAX 207-287-2335, E-Mail: earle.shettleworth@state.me.us Deputy: Dr. Robert L. Bradley janus.state.me.us/mhpc/

        Marshall Islands, Republic of the

        Mr. Fred deBrum, HPO, Secretary of Interior and Outer Islands Affairs, P.O. Box 1454, Majuro Atoll, Republic of the Marshall Islands 96960, 011-692-625-4642, FAX: 011-692-625-5353 Deputy: Clary Makroro, E-Mail: rmihpo@ntamar.com

        [[Page 64870]]

        Maryland

        Mr. J. Rodney Little, SHPO, Maryland Historical Trust, 100 Community Place, Third Floor, Crownsville, MD 21032-2023, 410-514-7600 FAX 410-514-7678, E-Mail: mdshpo@ari.net Deputy: Mr. William J. Pencek, Jr., http://www.ari.net/mdshpo

        Massachusetts

        Ms. Judith McDonough, SHPO, Massachusetts Historical Commission, 220 Morrissey Boulevard, Boston, MA 02125, 617-727-8470 FAX: 617-727- 5128, TTD: 1-800-392-6090, E-Mail: Judy.McDonough@sec.state.ma.us Deputy: Ms. Brona Simon, Dir Technical Servs E-Mail: Brona.Simon@ sec.state.ma.uswww. state.ma.us/sec/mhc

        Michigan

        Brian D. Conway, SHPO, State Historic Preservation Office, Michigan Historical Center, 717 West Allegan Street, Lansing, MI 48918, 517- 373-1630 FAX 517-335-0348, E-Mail: conwaybd@sosmail.state.mi.us http://www.sos.state.mi.us/history/preserve/preserve.html

        Micronesia, Federated States Of

        Mr. Rufino Mauricio, FSM HPO, Office of Administrative Services, Div of Archives and Historic Preservation, FSM National Government, P.O. Box PS 35, Palikir, Pohnpei, FM 96941, 011-691-320-2343 FAX: 691- 320-5634, E-mail: fsmhpo@mail.fm FSM includes four States, whose HPOs are listed below: Mr. John Tharngan, HPO, Yap Historic Preservation Office, Office of the Governor, PO Box 714, Colonia, Yap, FM 96943, 011-691-350-4226 FAX: 691-350-3898, E-Mail: hpoyapfsm@mail.fm HPO, Div Land mgmt & Natural Resources, Department of Commerce & Industry, PO Box 280, Moen, Chuuk (Truk), FM 96942, 011-691-330- 2552/2761 FAX: 691-330-4906, Mr. David W. Panuelo, HPO, Dir, Dept of Land, Pohnpei State Government, P.O. Box 1149, Kolonia, Pohnpei, FM 96941, 011-691-320-2611 FAX: 011-691-320-5599, E-Mail: nahnsehleng@mail.fm Mr. Berlin Sigrah, Kosrae HPO, Div of Land Management & Preservation, Dept of Agriculture & Lands, PO Box 82, Kosrae, FM 96944, 011-691-370-3078 FAX: 011-691-370-3767, E-Mail: dalu@mail.fm

        Minnesota

        Dr. Nina Archabal, SHPO, Minnesota Historical Society, 345 Kellogg Boulevard West, St. Paul, MN 55102-1906, 651-296-2747 FAX: 651-296- 1004 Deputy: Dr. Ian Stewart, 651-297-5513, Deputy: Ms. Britta L. Bloomberg, 651-296-5434 FAX: 651-282-2374, E- Mail: britta.bloomberg@mnhs.org www.mnhs.org

        Mississippi

        Mr. Elbert Hilliard, SHPO, Mississippi Dept of Archives & History, P.O. Box 571, Jackson, MS 39205-0571, 601-359-6850, Deputy: Mr. Kenneth H. P'Pool, Division of Historic Preservation, 601-359-6940 FAX: 601-359-6955, kppool@mdah.state.ms.us

        Missouri

        Mr. Stephen Mahfood, SHPO, State Department of Natural Resources, 205 Jefferson, P.O. Box 176, Jefferson City, MO 65102, 573-751-4422 FAX: 573-751-7627 Deputy: Ms. Claire F. Blackwell, Historic Preservation Prog, Div of State Parks, 100 E. High Street, Jefferson City, MO 65101, 573-751- 7858 FAX: 573-526-2852, E-Mail: nrblacc@mail.dnr.state.us Deputy: Dr. Douglas K. Eiken, www.mostateparks.com

        Montana

        Dr. Mark F. Baumler, SHPO, State Historic Preservation Office, 1410 8th Avenue, P.O. Box 201202, Helena, MT 59620-1202, 406-444-7717 FAX 406-444-6575, E-Mail: mbaumler@state.mt.us Deputy: Mr. Herbert E. Dawson, www.hist.state.mt.us

        Nebraska

        Mr. Lawrence Sommer, SHPO, Nebraska State Historical Society, P.O. Box 82554, 1500 R Street, Lincoln, NE 68501, 402-471-4745 FAX: 402- 471-3100, E-Mail: nshs@nebraskahistory.org Deputy: Mr. L. Robert Puschendorf, 402-471-4769 FAX: 402-471-3316

        Nevada

        Mr. Ronald James, SHPO, Historic Preservation Office, 100 N Stewart Street, Capitol Complex, Carson City, NV 89701-4285, 775-684-3440 FAX: 775-684-3442 Deputy: Ms. Alice Baldrica, 775-684-3444, E-Mail: ambaldri@clan.lib.nv.us www.state.nv.us

        New Hampshire

        Ms. Nancy C. Dutton, Director/SHPO, NH Division of Historical Resources, P.O. Box 2043, Concord, NH 03302-2043, 603-271-6435 FAX: 603-271-3433, TDD: 800-735-2964, E-Mail: ndutton@nhdhr.state.nh.us Deputy: Ms. Linda Ray Wilson, 603-271-6434 or 603-271-3558, E-Mail: lwilson@nhdhr.state.nh.us www.state. nh.us/nhdhr

        New Jersey

        Mr. Robert C. Shinn, SHPO, Dept of Environ Protection, 401 East State Street, PO Box 402, Trenton, NJ 08625, 609-292-2885 FAX: 609- 292-7695 Deputy: Mr. James Hall, Natural and Historic Resources, 501 East State Street, PO Box 404, Trenton, NJ 08625, 609-292-3541 FAX: 609- 984-0836 Deputy: Ms. Dorothy Guzzo, Natural and Historic Resources, Historic Preservation Office, 609-984-0176 FAX: 609-984-0578, E-Mail: dguzzo@dep.state.nj.us

        New Mexico

        Elmo Baca, SHPO, Historic Preservation Div, Ofc of Cultural Affairs, 228 East Palace Avenue, Santa Fe, NM 87503, 505-827-6320 FAX: 505- 827-6338 Deputy: Dorothy Victor, E-Mail: dvictor@lvr.state.nm.us Deputy: Jan Biella, E-Mail: jbiella@lvr.state.nm.us www.museums. state.nm.us/hpd

        New York

        Ms. Bernadette Castro, SHPO, Parks, Recreation & Historic Preservation, Agency Building #1, Empire State Plaza, Albany, NY 12238, 518-474-0443 Deputy: Mr. J. Winthrop Aldrich, Deputy, 518-474-9113 FAX 518-474- 4492 Historic Preservation Staff: Ms. Ruth L. Pierpont, Director, Bureau of Field Services, NY State Parks, Rec. & Hist. Pres., Peebles Island PO 189, Waterford, NY 12188-0189, 518-237-8643 x 3269 FAX 518-233-9049, E-Mail: ruth.pierpont@ oprhp.state.ny.us www.nysparks.com

        North Carolina

        Dr. Jeffrey J. Crow, SHPO, Division of Archives & History, 4610 Mail Service Center, Raleigh, NC 27699-4610, 919-733-7305 FAX: 919-733- 8807, E-Mail: jcrow@ncsl.dcr.state.nc.us Deputy: Mr. David Brook, Historic Preservation Office, 4617 Mail Service Center, Raleigh, NC 27699-4617, 919-733-4763 FAX: 919-733- 8653, E-Mail: dbrook@ncsl.dcr.state.nc.us http:// www.hpo.dcr.state.nc.us

        North Dakota

        Mr. Samuel Wegner, SHPO, State Historical Society of North Dakota, 612 E. Boulevard Ave., Bismarck, ND 58505, 701-328-2666 FAX: 701- 328-3710, swegner@state.nd.us www.state.nd.us/hist Deputy: Mr. Merl Paaverud, 701-328-2672

        Northern Mariana Islands, Commonwealth of the

        Mr. Joseph P. DeLeon Guerrero, HPO, Dept of Community & Cultural Affairs, Division of Historic Preservation, Airport Road, Northern Mariana Islands, Saipan, MP 96950, 670-664-2125 FAX 670-664-2139, E- Mail: cnmihpo@itecnmi.com Deputy: Mr. Scott Russell, 670-664-2121

        Ohio

        Mr. Amos J. Loveday, SHPO, Ohio Historic Preservation Office, 567 E Hudson Street, Columbus, OH 43211-1030, 614-297-2600 FAX: 614-297- 2233, E-Mail: ajloveday@aol.com Deputy: Mr. Franco Ruffini, 614-297-2470 FAX: 614-297-2496, E-Mail: fruffini@ ohiohistory.org www.ohiohistory.org/resource/histpres

        Oklahoma

        Dr. Bob L. Blackburn, SHPO, Oklahoma Historical Society, 2100 N. Lincoln Blvd., Oklahoma City, OK 73105, 405-521-2491 FAX 405-521- 2492, www.ok-history.mus.ok.us Deputy: Ms. Melvena Thurman Heisch, State Historic Preservation Office, 2704 Villa Prom, Shepherd Mall, Oklahoma City, OK 73107 405- 522-4484 FAX: 405-947-2918, E-Mail: mheisch@ok-history.mus.ok.us

        Oregon

        Mr. Michael Carrier, SHPO, State Parks & Recreation Department, 1115 Commercial Street, NE, Salem, OR 97301-1012, 503-378-5019 FAX 503- 378-8936 Deputy: Mr. James Hamrick, 503-378-4168 x231 FAX 503-378-6447, E- Mail: james.hamrick@ state.or.us www.prd.state.or.us/about_shpo.html

        Palau, Republic of

        Ms. Victoria N. Kanai, HPO, Ministry of Community & Cultural Affairs, P.O. Box

        [[Page 64871]]

        100, Koror, Republic of Palau 96940, 011-680-488-2489 FAX: 680-488- 2657

        Pennsylvania

        Dr. Brent D. Glass, SHPO, Pennsylvania Historical & Museum Comm, P.O. Box 1026, Harrisburg, PA 17108, 717-787-2891 Deputy: Ms. Brenda Barrett, Bur for Historic Pres, 717-787-4363 FAX: 717-772-0920, E-Mail: brenda_barrett@ phmc.state.pa.us

        Puerto Rico, Commonwealth of

        Ms. Lilliane D. Lopez, SHPO, Office of Historic Preservation, Box 82, La Fortaleza, Old San Juan, Puerto Rico 00901, 787-721-2676 or 3737 FAX 787-723-0957 Deputy: Berenice Sueiro, E-Mail: bsueiro@prshpo.prstar.net

        Rhode Island

        Mr. Frederick C. Williamson, SHPO, Rhode Island Historic Preservation & Heritage Comm, Old State House, 150 Benefit St., Providence, RI 02903, 401-222-2678 FAX: 401-222-2968 Deputy: Mr. Edward F. Sanderson, E-Mail: rihphc@doa.state.ri.us

        South Carolina

        Dr. Rodger E. Stroup, SHPO, Department of Archives & History, 8301 Parklane Road, Columbia, SC 29223-4905, 803-896-6100 FAX 803-896- 6167 Deputy: Ms. Mary W. Edmonds, 803-896-6168, E-Mail: edmonds@ scdah.state.sc.us http://www. state.sc.us/scdah/

        South Dakota

        Mr. Jay D. Vogt, SHPO, State Historic Preservation Office, Cultural Heritage Center, 900 Governors Drive, Pierre, SD 57501, 605-773-3458 FAX 605-773-6041, E-Mail: jay.vogt@state.sd.us http:// www.state.sd.us/state/executive/deca/cultural/histpres.htm

        Tennessee

        Mr. Milton Hamilton, SHPO, Dept of Environment and Conservation, 401 Church Street, L & C Tower 21st Floor, Nashville, TN 37243-0435, 615-532-0109 FAX: 615-532-0120 Deputy: Mr. Herbert L. Harper, Tennessee Historical Commission, 2941 Lebanon Road, Nashville, TN 37243-0442, 615-532-1550 FAX: 615-532- 1549, www.state.tn.us/environment/hist/hist.htm

        Texas

        Mr. F. Lawerence Oaks, SHPO, Texas Historical Commission, P.O. Box 12276, Austin, TX 78711-2276, 512-463-6100 FAX: 512-475-4872, E- Mail: l.oaks@thc.state.tx.us Deputy: Mr. James Wright Steely, Dir Nat'l Reg Prog, 512-463-5868 FAX: 512-475-3122, E-Mail: jim.steely@thc.state.tx.us Deputy: Mr. Stanley O. Graves, Dir, Architecture Div, 512-463-6094 FAX: 512-463-6095, E-Mail: stan.graves@thc.state.tx.us Deputy: Dr. James E. Bruseth, Dir Antiquities Prot, 512-463-6096 FAX: 512-463-8927, E-Mail: jim.bruseth@thc.state.tx.us www.thc.state.tx.us

        Utah

        Mr. Max Evans, SHPO, Utah State Historical Society, 300 Rio Grande, Salt Lake City, UT 84101, 801-533-3500 FAX: 801-533-3503 Deputy: Mr. Wilson Martin, E-Mail: wmartin@history.state.ut.us http://history.utah.org

        Vermont

        Ms. Emily Wadhams, SHPO, Vermont Division for Historic Preservation, National Life Building, Drawer 20, Montpelier, VT 05620-0501, 802- 828-3211, E-Mail: ewadhams@dca.state.vt.us Deputy: Mr. Eric Gilbertson, Director, 802-828-3043 FAX 802-828- 3206, E-Mail: ergilbertson@ dca.state.vt.uswww.state. vt.us/dca/ historic/

        Virgin Islands

        Mr. Dean C. Plaskett, Esq., SHPO, Department of Planning & Natural Resources, Cyril E. King Airport, Terminal Building--Second Floor, St. Thomas, VI 00802, 340-774-3320 FAX: 340-775-5706 Deputy: Ms. Claudette C. Lewis, 340-776-8605 FAX: 340-776-7236

        Virginia

        Mr. H. Alexander Wise, Jr, SHPO, Department of Historic Resources, 2801 Kensington Avenue, Richmond, VA 23221, 804-367-2323 FAX: 804- 367-2391, E-Mail: awise@dhr.state.va.us Deputy: Kathleen Kilpatrick

        Washington

        Dr. Allyson Brooks, SHPO, Ofc of Archeology & Historic Preservation, PO Box 48343, 420 Golf Club Road, SE, Suite 201, Lacey, Olympia, WA 98504-8343, 360-407-0753 FAX: 360-407-6217, allysonb@acted.wa.gov Deputy: Mr. Greg Griffith, 360-407-0753, E-Mail: gregg@cted.wa.gov

        West Virginia

        Ms. Renay Conlin, SHPO, West Virginia Division of Culture & History, Historic Preservation Office, 1900 Kanawha Boulevard East, Charleston, WV 25305-0300, 304-558-0220 FAX: 304-558-2779, E-Mail: renay.conlin@wvculture.org Deputy: Ms. Susan Pierce, E-Mail: susan.pierce@wvculture.org

        Wisconsin

        Mr. George L. Vogt, SHPO, State Historical Society of Wisconsin, 816 State Street, Madison WI 53706, 608-264-6500 FAX: 608-264-6404, E- Mail: glvogt@mail.shsw.wisc.edu Deputy: Ms. Alicia L. Goehring, E-Mail: algoehring@ mail.shsw.wisc. edu www.shsw.wisc.edu/ahi/index.html

        Wyoming

        Ms. Wendy Bredehoft, SHPO, Wyoming State Hist. Pres. Ofc., 2301 Central Avenue, 4th Floor, Cheyenne, WY 82002, 307-777-7013 FAX 307- 777-3543, E-Mail: wbrede@missc.state.wy.us Deputy: Judy K. Wolf, 307-777-6311, E-Mail: jwolf@missc.state.wy.us Sheila Bricher-Wade, Reg Ser 307-777-6179, E-Mail: sbrich@missc.state.wy.us Mary M. Hopkins, Cult Records 307-766-5324, http:// commerce.state.wy.us/cr/shpo

        Associate Members:

        Navajo Nation

        Dr. Alan Downer, HPO, PO Box 4950, Window Rock, AZ 86515, 520-871- 6437 FAX: 520-871-7886, E-Mail: hpd_adowner@dine.navajo.org

        Lac Du Flambeau of Lake Superior Band Chippewa Indians

        Ms. Patricia A. Hrabik Sebby, THPO, PO Box 67, Lac Du Flambeau, WI 54538, 715-588-3303

        Leech Lake Band of Chippewa Indians

        Ms. Rose A. Kluth, THPO, Leech Lake Reservation, RR3, Box 100, Cass Lake, MN 56633, 218-335-8200 FAX: 218-335-8309, E-Mail: rkluth@aol.com

        Turtle Mountain Band of Chippewa Indians

        Mr. Kade M. Ferris, THPO, Turtle Mountain Band of Chippewa Indians, PO Box 900, Belcourt, ND 58316, E-Mail: kferris@utma.com National Governors= Association, National Alliance of Preservation Commissions, National Trust for Historic Preservation, Preservation Action

        NCSHPO Officers, Board and Staff

        President: Judith Bittner, Alaska, Vice President: H. Alexander Wise, Jr., Secretary: Judith McDonough, Massachusetts, Treasurer: Cathryn Slater, Arkansas Directors: Brenda Barrett, Pennsylvania, Britta Bloomberg, Minnesota, Theodore Hild, Illinois, Wilson Martin, Utah, Amos Loveday, Ohio, Ken P'Pool, Mississippi, Daniel Abeyta, California, Dorothy Guzzo, New Jersey, Jay Vogt, South Dakota, F. Lawerence Oaks, Texas, Ted Sanderson, Rhode Island, Melvena Heisch, Oklahoma Executive Director: Nancy Miller nmncshpo@sso.org Office Manager: Anita Zepp azncshpo@sso.org Senior Program Manager: Andra Reinholz andra.reinholz@nps.gov

        National Park Service--National Center--http://www.nps.gov/

        Associate Director, Cultural Resources, Kate Stevenson, 202-208-7625 Assistant Director & Manager, Cultural Resources, 202-343-9596 Archeology and Ethnography, Frank McManamon, Program Manager, 202- 343-4101 HABS/HAER Division, E. Blaine Cliver, Chief, 202-343-9618 Heritage Preservation Services Program, Pat Tiller, Chief, 202-343- 9569 Preservation Initiatives Branch, Bryan Mitchell, Chief, 202-343-9558 Technical Preservation Services Branch, Sharon Park, Chief, 202-343- 9584, State, Tribal & Local Programs Branch, Joe Wallis, Chief, 202-343- 9564 Museum Management Program, Ann Hitchcock, Chief Curator, 202-343- 9569 National Register, History & Education, Dwight Picaithley, Chief Historian, 202-343-9536 Keeper of the National Register of Historic Places, Carol Shull, 202-343-9536 Park Hist Struct/Cult Landscape Prg, Randall Biallas, Chief Historical Architect, 202-343-9588

        [[Page 64872]]

        National Park Service--Systems Support Offices

        Anchorage, 907-257-2690, Philadelphia, 215-597-0652, Denver, 303- 969-2875, Atlanta, 404-562-3157, San Francisco, 415-427-1300

        Advisory Council on Historic Preservation--http://www.achp.gov

        John Fowler, Executive Director, 202-606-8503, Ron Anzalone, Assistant to Executive Director, 202-606-8505, Don Klima, Director, Office of Planning & Review, Eastern and Western Regions, 202-606- 8505

        National Trust--http://www.nthp.org

        Main Number--Washington, DC, 202-588-6000 Northeast Regional Office, Wendy Nicholas, Dir, 617-523-0885 Northeast Field Office, Patrick Hauck, Sr Prog Assoc, 215-991-5778 Southern Field Office, Lisa Burcham, Sr Prog Assoc, 202-588-6107 Southern Regional Office, John Hildreth, Dir, 843-722-8552 Midwest Regional Office, Jim Mann, Dir, 312-939-5547 Southwest Field Office, Jane Jenkins, Dir, 817-332-4398 Mountains/Plains Regional Office, Barbara Pahl, Dir, 303-623-1504 Western Regional Office, Elizabeth Goldstein, Dir, 415-956-0610

        Preservation Action--www.preservationaction.org

        Susan West Montgomery, President, 202-659-0915

        Council on America's Military Past--camphart1@aol.com

        Herbert M. Hart, Executive Director, 703-912-6124, Updated September 5, 2000

      6. Tribal Historic Preservation Officers (THPO)

        In instances where a Tribe does not have a Tribal Historic Preservation Officer, please contact the appropriate Tribal government office when responding to this permit eligibility condition.

        Tribal Historic Preservation Officers:

        (THPO vacant), Tunica-Biloxi Indians of Louisiana, P.O. Box 331, Marksville, LA 71351 James Bird, Eastern Band of Cherokee Indians, Quallah Boundary, P.O. Box 455, Cherokee, NC 28719 Brenda Boyd, Mille Lacs Band of Ojibwe Indians, HCR 67, Box 194, Onamia, MN 56395 John Brown, Narragansett Indian Tribe, P.O. Box 700, Wyoming, RI 02898 Marcia Cross, Confederated Salish and Kootenai Tribes, P.O. Box 278, Pablo, MT 59855 William Day, Poarch Band of Creek Indians, 5811 Jack Springs Rd., Atmore, AL 36502 Alan S. Downer, Ph.D., Historic Preservation Dept., Navajo Nation, P.O. Box 4950, Window Rock, AZ 86515 Kade M. Ferris, Turtle Mountain Band of Chippewa Indians, P.O. Box 900, Belcourt, ND 58316 Adeline Fredin, Confederated Tribes of the Colville Reservation, P.O. Box 150, Nespelem, WA 99155 Thomas Gates, Cultural Division, Yurok Tribe, 1034 6th St., Eureka, CA 95501 David Grignon, Menominee Indian Tribe of Wisconsin, P.O. Box 910, Keshena, WI 54135-0910 Monza V. Honga, Office of Cultural Resources, Hualapai Tribe, P.O. Box 310, Peach Springs, AZ 86434 Kelly Jackson, Lac du Flambeau, P.O. Box 67, Lac du Flambeau, WI 54538 Manfred (Fred) Jaenig, Confederated Tribes of the Umatilla Reservation, P.O. Box 638, Pendleton, OR 97801 Sebastian (Bronco) LeBeau, Cheyenne River Sioux Tribe, P.O. Box 590, Eagle Butte, SD 57625 Tim Mentz, Standing Rock Sioux Tribe, P.O. Box D, Fort Yates, ND 58538 Donna Stern-McFadden, Mescalero Apache Tribe, P.O. Box 227, Mescalero, New Mexico 88340 Scott E. Stuemke, Confederated Tribes of Warm Springs, Cultural Resources Department, P.O. Box C, Warm Springs, OR 97761 Matthew Vanderhoop, Wampanoag Tribe of Gay Head (Aquinnah), 20 Black Brook Road, Aquinnah, MA 02535-9701, Phone: (508) 645-9265, Fax: (508) 645-3790 John Welch, White Mt. Apache Tribe, P.O. Box 700, Whiteriver, AZ 85941, Phone: (520) 338-5430, Fax: (520) 338-5488 Gerald White, Leech Lake Band of Chippewa Indians, Route 3, Box 100, Cass Lake, MN 56633 Louie J. Wynne, Spokane Tribe of Indians, P.O. Box 100, Wellpinit, WA 99040 For more information: National Association of Tribal Historic Preservation Officers, D. Bambi Kraus, President, 1411 K Street NW, Suite 700, Washington, DC 20005, Phone: (202) 628-8476, Fax: (202) 628-2241

      7. Advisory Council on Historic Preservation

        Advisory Council on Historic Preservation, 1100 Pennsylvania Avenue, NW., Suite 809, Washington, DC 20004 Telephone: (202) 606-8503/8505, Fax: (202) 606-8647/8672, E-mail: achp@achp.gov

        Addendum C--New Source Environmental Assessments

        Basic Format for Environmental Assessment

        This is the basic format for the Environmental Assessment prepared by EPA from the review of the applicant's Environmental Information Document (EID) required for new source NPDES permits. Comprehensive information should be provided for those items or issues that are affected; the greater the impact, the more detailed information needed. The EID should contain a brief statement addressing each item listed below, even if the item is not applicable. The statement should at least explain why the item is not applicable.

    4. General Information

  187. Name of applicant

  188. Type of facility

  189. Location of facility

  190. Product manufactured B. Description Summaries

  191. Describe the proposed facility and construction activity

  192. Describe all ancillary construction not directly involved with the production processes

  193. Describe briefly the manufacturing processes and procedures

  194. Describe the plant site, its history, and the general area C. Environmental Concerns

  195. Historical and Archeological (include a statement from the State Historical Preservation Officer)

  196. Wetlands Protection and 100-year Floodplain Management (the Army Corps of Engineers must be contacted if any wetland area or floodplain is affected)

  197. Agricultural Lands (a prime farmland statement from the Soil Conservation Service must be included)

  198. Coastal Zone Management and Wild and Scenic Rivers

  199. Endangered Species Protection and Fish and Wildlife Protection (a statement from the U.S. Fish and Wildlife Service must be included)

  200. Air, Water and Land Issues: quality, effects, usage levels, municipal services used, discharges and emissions, runoff and wastewater control, geology and soils involved, land-use compatibility, solid and hazardous waste disposal, natural and man- made hazards involved.

  201. Biota concerns: floral, faunal, aquatic resources, inventories and effects

  202. Community Infrastructures available and resulting effects: social, economic, health, safety, educational, recreational, housing, transportation and road resources.

    BILLING CODE 6560-50-P

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    Addendum D--Notice of Intent Form

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    Addendum E--Notice of Termination Form

    [GRAPHIC] [TIFF OMITTED] TN30OC00.002

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    Addendum F--No Exposure Certification Form

    [GRAPHIC] [TIFF OMITTED] TN30OC00.004

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    [GRAPHIC] [TIFF OMITTED] TN30OC00.005

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    [FR Doc. 00-25469Filed10-27-00; 8:45 am]

    BILLING CODE 6560-50-C