Overview of Industrial Stormwater Permit Regulations

Stormwater permitting is mandated in EPA regulations for “industrial activities.” EPA’s definition of “industrial activity” is complex and detailed in 40 CFR 122.26(b)(14). The applicability is based upon the Standard Industrial Classification (SIC) code assigned to the facility and most manufacturing operations can make the determination in-house.

It is important to note that stormwater discharge associated with industrial discharge is regulated and must obtain a stormwater permit or a certification documenting that the stormwater discharge is free of any pollutants.

There are three options available for industrial facilities:

1. “No-exposure” certification

If a facility has its industrial activities indoors or under shelter from rain events, it can qualify for a “no exposure” certification. There are benefits of qualifying for a “no-exposure” certification. Once qualified, facilities can ease their regulatory burden with minimal recordkeeping and reporting requirements. Self-evaluation is highly recommended before applying for the “no-exposure” certification.

2. General Stormwater permit

A general stormwater permit is a “one-size-fits-all” permit. Hence the term: General stormwater permit. There are so many facilities that qualify for a stormwater permit that it is difficult for agencies to write permits for each facility. Therefore, they issue general permits.  The general permit is issued very quickly and has a fixed set of requirements.  The facility knows its oblation to demonstrate compliance during application phase and there are no surprises.

3. Individual Stormwater permit

If a facility has complex operations and cannot eliminate exposure of pollutants to stormwater, a permit specifically tailored to the facility is issued. Hence, the term: Individual stormwater permit.  Facilities that need individual stormwater permit must develop and implement Stormwater Pollution Prevention Plans (SWPPP) and minimize pollutants in the stormwater leaving the site. The permit can also require monitoring for specific pollutants. Individual permits can become complex and can be burdensome.

An analysis to determine if your facility needs a stormwater permit or can qualify for a “no-exposure” certification is recommended and should be documented. Facilities can also revisit the permit applicability to qualify for “no-exposure” certification. If you have questions regarding the stormwater permit applicability, please contact Sam Joshi at (215) 389-2811.