[Code of Federal Regulations]
[Title 40, Volume 18]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR122.33]

[Page 189-190]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 122--EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM--Table of Contents
 
  Subpart B--Permit Application and Special NPDES Program Requirements
 
Sec. 122.33  If I am an operator of a regulated small MS4, how do I apply for an NPDES permit and when do I have to apply?

    (a) If you operate a regulated small MS4 under Sec. 122.32, you must 
seek coverage under a NPDES permit issued by your NPDES permitting 
authority. If you are located in an NPDES authorized State, Tribe, or 
Territory, then that State, Tribe, or Territory is your NPDES permitting 
authority. Otherwise, your NPDES permitting authority is the EPA 
Regional Office.
    (b) You must seek authorization to discharge under a general or 
individual NPDES permit, as follows:
    (1) If your NPDES permitting authority has issued a general permit 
applicable to your discharge and you are seeking coverage under the 
general permit, you must submit a Notice of Intent (NOI) that includes 
the information on your best management practices and measurable goals 
required by Sec. 122.34(d). You may file your own NOI, or you and other 
municipalities or governmental entities may jointly submit an NOI. If 
you want to share responsibilities for meeting the minimum measures with 
other municipalities or governmental entities, you must submit an NOI 
that describes which minimum measures you will implement and identify 
the entities that will implement the other minimum measures within the 
area served by your MS4. The general permit will explain any other steps 
necessary to obtain permit authorization.
    (2)(i) If you are seeking authorization to discharge under an 
individual permit and wish to implement a program under Sec. 122.34, you 
must submit an application to your NPDES permitting authority that 
includes the information required under Secs. 122.21(f) and 122.34(d), 
an estimate of square mileage served by your small MS4, and any 
additional information that your NPDES permitting authority requests. A 
storm sewer map that satisfies the requirement of Sec. 122.34(b)(3)(i) 
will satisfy the map requirement in Sec. 122.21(f)(7).

[[Page 190]]

    (ii) If you are seeking authorization to discharge under an 
individual permit and wish to implement a program that is different from 
the program under Sec. 122.34, you will need to comply with the permit 
application requirements of Sec. 122.26(d). You must submit both Parts 
of the application requirements in Secs. 122.26(d)(1) and (2) by March 
10, 2003. You do not need to submit the information required by 
Secs. 122.26(d)(1)(ii) and (d)(2) regarding your legal authority, unless 
you intend for the permit writer to take such information into account 
when developing your other permit conditions.
    (iii) If allowed by your NPDES permitting authority, you and another 
regulated entity may jointly apply under either paragraph (b)(2)(i) or 
(b)(2)(ii) of this section to be co-permittees under an individual 
permit.
    (3) If your small MS4 is in the same urbanized area as a medium or 
large MS4 with an NPDES storm water permit and that other MS4 is willing 
to have you participate in its storm water program, you and the other 
MS4 may jointly seek a modification of the other MS4 permit to include 
you as a limited co-permittee. As a limited co-permittee, you will be 
responsible for compliance with the permit's conditions applicable to 
your jurisdiction. If you choose this option you will need to comply 
with the permit application requirements of Sec. 122.26, rather than the 
requirements of Sec. 122.34. You do not need to comply with the specific 
application requirements of Sec. 122.26(d)(1)(iii) and (iv) and 
(d)(2)(iii) (discharge characterization). You may satisfy the 
requirements in Sec. 122.26 (d)(1)(v) and (d)(2)(iv) (identification of 
a management program) by referring to the other MS4's storm water 
management program.
    (4) Guidance: In referencing an MS4's storm water management 
program, you should briefly describe how the existing plan will address 
discharges from your small MS4 or would need to be supplemented in order 
to adequately address your discharges. You should also explain your role 
in coordinating storm water pollutant control activities in your MS4, 
and detail the resources available to you to accomplish the plan.
    (c) If you operate a regulated small MS4:
    (1) Designated under Sec. 122.32(a)(1), you must apply for coverage 
under an NPDES permit, or apply for a modification of an existing NPDES 
permit under paragraph (b)(3) of this section by March 10, 2003, unless 
your MS4 serves a jurisdiction with a population under 10,000 and the 
NPDES permitting authority has established a phasing schedule under 
Sec. 123.35(d)(3) of this chapter.
    (2) Designated under Sec. 122.32(a)(2), you must apply for coverage 
under an NPDES permit, or apply for a modification of an existing NPDES 
permit under paragraph (b)(3) of this section, within 180 days of 
notice, unless the NPDES permitting authority grants a later date.

[64 FR 68843, Dec. 8, 1999]