Do I Need A Storm Water Permit in the Trucking Industry?

The Office of Compliance Fact Sheet Series

What Is The NPDES Storm Water Program?

Through the National Pollutant Discharge Elimination System (NPDES) program, EPA established phased NPDES requirements to control storm water discharges that could adversely affect the quality of waters of the United States. The storm water program consists of two phases:

• Phase I, currently being implemented, requires permits for storm water discharges associated with an industrial activity, construction activities involving at least five acres, and separate storm water systems serving large- and medium-sized communities (i.e., those with over 100,000 inhabitants).
• Phase II was published in December 1999 and becomes effective February 7, 2000. It will address discharges from small municipalities and construction sites not covered under the Phase I program.

Is My Trucking Facility Included in The Phase I Program?

Phase I includes 11 categories of facilities or activities with "storm water discharges associated with industrial activity" (40 CFR 122.26). The term "storm water discharges associated with industrial activity" is defined as the discharge from any conveyance (e.g., pipe, ditch, etc.) which is used for collecting and conveying storm water and which is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. For the Phase I categories, the term includes, but is not limited to, storm water discharges from industrial plant yards, immediate access roads and rail lines used or traveled by carriers of raw materials, and areas where industrial activity has taken place in the past and significant materials remain and are exposed to storm water.

One of the eleven categories is transportation facilities which have vehicle maintenance shops, equipment cleaning operations, or airport de-icing operations. This category includes the following trucking industry Standard Industrial Classification (SIC) codes:

SIC 42 (except 4221-25) Motor Freight and Warehousing
SIC 43 U.S. Postal Service
SIC 5171 Petroleum Bulk Stations and Terminals.

Therefore, if your trucking facility is classified in either SIC code 42, 43, or 5171 and your facility has vehicle maintenance shops, equipment cleaning operations, or airport de-icing operations, you are required to have a Phase I storm water permit. This typically includes facilities providing local or long-distance trucking, transfer, and/or storage services. Examples of these services are hauling by dump truck, trucking timber, contract mail carriers, furniture moving, garbage collection without disposal, over-the-road trucking, long distance trucking, and freight trucking terminals.

What Kind Of Permit Do I Need?

Phase I facilities must be covered by an NPDES permit regardless of whether they discharge to a municipal separate storm sewer system or directly to waters of the United States. Storm water permits provide a mechanism for monitoring the discharge of pollutants from these facilities to waters of the United States and for establishing appropriate controls.

If your facility has not yet obtained an NPDES permit for your storm water discharges, then you have two options to comply. You can submit (1) an individual permit application; or (2) a Notice of Intent (NOI) to be covered under a general permit (baseline or multi-sector). Whether your facility applies for an individual permit or the general permit, you will be required to meet certain requirements including (1) developing a Storm Water Pollution Prevention Plan (SWPPP), (2) monitoring (if required), and (3) training.

Individual Storm Water Permit Applications

If your facility has storm water discharges and did not participate in the group application, or did not obtain coverage under the general permit by March 1996, you must obtain and submit an individual permit application consisting of Form 1 (General Information) and Form 2F (Application for Permit to Discharge Storm Water Discharges Associated with Industrial Activity). These forms can be obtained from and submitted to the permitting authority. Form 2F requires you to submit a site drainage map, potential pollutant sources, and quantitative testing data of pollutant sources. You are required to submit an individual permit application 180 days before starting a new discharge.

General Storm Water Permit Applications - Baseline or Multi-Sector

If EPA is the permitting authority, your facility may be permitted under one of two types of general permits - a baseline permit or a multi-sector permit. Both permits require the development of a SWPPP and periodic discharge monitoring. EPA has finalized baseline general permits in those states without NPDES authorization. More recently, EPA finalized the multi-sector general permit which provides coverage for 20 specific industries in the states and territories without NPDES authorization. Check with your EPA Regional office for more information on these permits.

Note: The baseline general permit expired on September 1997 and is being terminated by EPA. However, EPA is currently temporarily reissuing the baseline general permit NOI. The multi-sector permit expires in 2000 but is constantly being revised.

Where do I get a storm water permit?

As of January 2000, EPA has authorized 41 states and 1 territory to administer the NPDES program, including the storm water program (except the Virgin Islands). Where permit authority has not been delegated to the state or territory, you must apply for permits directly from EPA rather than the state authority. EPA has not delegated authority to the following states and territories: Alaska, Arizona, District of Columbia, Florida, Idaho, Maine (currently seeking delegation), Massachusetts, New Hampshire, New Mexico, Puerto Rico, Pacific Territories, Texas (currently acquiring delegation), and Federal Tribal Reservations. Contact your permitting authority, either EPA or your state, to find out how to obtain a permit application and whether the individual or general permit is required. Complete the application as directed.

Note: Avoid delays! Submit permit applications well in advance of any deadlines.

Additional Information:

For more information on the NPDES storm water program, please consult EPA's Overview of the Storm Water Program, EPA 833-R-96-008, June 1996, or call EPA's Office of Water Resource Center at (202) 260-7786.