[Code of Federal Regulations]

[Title 40, Volume 21]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR122.33]



[Page 202-203]

 

                   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 Sec. Sec.  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).

    (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 Sec. Sec.  122.26(d)(1) and (2) by 

March 10, 2003. You do not need to submit the information required by 

Sec. Sec.  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



[[Page 203]]



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]