NPDES two

There are two types of permits: individual and general permits. Each type has different requirements
and different public review opportunities.

Individual permits

When a facility has its own specific permit, it is called an “individual permit.” These permits are site specific and usually much more detailed than general permits. The pollutant limits may be based on the category of discharge or they may be based on the water quality of the receiving water body. All municipal sewage treatment plants and “major industrial dischargers” must apply for individual permits. States may differ in how they define major industrial dischargers, but their definitions must be acceptable to the EPA.

Individual NPDES permits have many components. Some of the basic elements of a typical
permit include:

• Cover sheet: This will usually give the best snapshot of the permit. It lists the discharger’s name and address, description and location of discharge(s), condition of receiving water body, designated uses, effective date of the permit and its expiration date.
• Pollutant limits: These are the “meat and potatoes” of the permit. All pollutants that are controlled or monitored from this discharge must be listed with the associated limits, such as dissolved oxygen >= 5mg/L.
• Monitoring requirements: The pollutant limits page will also list the type and frequency of monitoring required for each pollutant or parameter (such as flow). For example, pH monitoring may only be required monthly, whereas, temperature monitoring may be required daily. Occasionally, the pollutant limits page will read only “monitor and report.” This may occur when there is uncertainty of the amount discharged and some screening is needed.
• Fact sheet or rationale sheet: This section is often a separate attachment with useful detail about the permitted activity. It may include more information about the wastewater treatment process or more about the receiving water body. If the permitting agency properly implements the antidegradation policy, documentation of antidegradation analysis ought to be found in the fact sheet.
• Other important information: The permit may also include a) additional annual or semi-annual pollutant screening to identify when new pollutant limits are needed, b) compliance schedules, c) details of the municipal wastewater “pretreatment program,” d) instream monitoring, or e) language that prohibits the discharge from contributing to violations of water quality standards.

The permit will usually also have several pages of “boilerplate” language at the end of the permit. In some states this has included requirements for identification tags on every pipe discharging into waters of the state. When reviewing permits, don’t skip this language. This section of the permit will often include crucial requirements.

Most importantly, public notice of every draft individual permit must be distributed to the interested and affected public. This is your opportunity to review and comment on permits. Get on the mailing list for permits in your watershed. Across the country, several state permitting agencies provide notice of permit applications long before the permit is drafted. Once you have developed relationships with agency staff you may get information on permits sooner.

General permits

Most citizens believe that every proposed discharger or regulated activity is specifically examined and that permit requirements are developed with that particular activity and location in mind. In reality, most of the activities permitted under NPDES are covered by general permits.

“General permits” are developed for numerous categories of activity within a political or geographic boundary that share similar operations and discharges, require similar limits or operating conditions, and require similar monitoring requirements (40CFR122.28). General permits are commonly used for stormwater pollution, concentrated animal feeding operations, many types of mining and often for categories of industrial discharge. If the owners of a business believe their enterprise qualifies under an existing general permit category, they can apply to be covered by that permit. They generally do so through an application called a “Notice of Intent” for coverage under the permit. The permitting agency has the authority to decline the application and to require an application for an individual permit.

The general permit is developed and renewed every five years and can vary considerably depending on what activity is being permitted to discharge. It will have a description of the activities for which the permit applies. It should discuss the potential impacts of these activities and specify when an activity does not qualify for the general permit. For example, if the activity is likely to affect fish when they are migrating or spawning, the permit could limit the timing and duration of the activity. The permit will also have a description of the information needed from every applicant and the compliance requirements.

Every applicant wanting to be covered by that permit must submit a “Notice of Intent” (NOI) form. The amount of information required by the NOI is variable, but very few are longer than two pages and little detail about the activity is required.

The general permits usually require less frequent monitoring and reporting than individual permits and sometimes none at all. Many general permit requirements are wrapped up in the development and implementation of management plans that are supposed to address likely pollution discharge and impacts to designated and existing uses through best management practices. However, these management plans, whether for stormwater or mining or feedlots, are seldom required to be submitted to the permitting agency.

General permits are subject to public notice and review only during the initial development of the permit and at the time of each five-year review of the permit. There is limited public and interagency review of each application for coverage under the general permit (notices of intent) throughout the five year period.

Bringing up specific concerns during the public review every five years is very important given that an unlimited number of permittees can be included under each general permit. Information on the permittees covered by each general permit is public and should be available from your permitting agency. If not, consider submitting a “Freedom of Information Act” (FOIA) request to obtain it.

If the general permit is not likely to protect the receiving water body, citizens can petition for requirement of an individual permit. An individual permit can be required by the permitting agency when: the discharger is out of compliance, better technology is available, circumstances in the receiving water body have changed so the general permit is no longer protective, or the discharger is a significant contributor of pollutants (40CFR122.28(b)(3)).