What do permits contain?

There are two types of permits: individual and general permits. Each one contains different information, requirements and has different public review opportunities.

Individual permits

The most familiar permit is the “individual permit.” Applications for these permits are site-specific and usually much more detailed and expensive, as are their requirements. They may be based on technology-based limits for their category of discharge or they may have water-quality based limits in order to meet the water quality standards (uses and criteria) of the receiving ater 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 ust be acceptable to the EPA.

NPDES permits have many components; here are the basic elements of a typical permit.

• Cover sheet: This will usually give the best snapshot of the permit including the dischargers name, address, description and location of discharges including receiving water body, possibly water quality standards for and condition of receiving water body, effective date and expiration date.
• Effluent limits: These are the “meat and potatoes” of the permit. The pages with the limits will list all the pollutants and the limits that must be met. These pages may also list pollutants that need to be monitored and reported only, without limits. This may be required if the level of discharge of that pollutant is uncertain.
• Monitoring requirements: The effluent limits page will also list the type and frequency of monitoring for each pollutant or parameter (such as flow). For example, a monthly grab sample may be sufficient to measure pH,whereas, continuous monitoring of dissolved oxygen is the best way to capture any daily violations.
• 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 this analysis would most likely be within the fact sheet.

Other important information in the permit could include additional annual or semi-annual pollutant screening to identify when other limits are needed, compliance schedules details of the “pretreatment program” for municipal wastewater treatment, instream monitoring or simply language that requires the discharge not contribute 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 a water of the state. Don’t skip this language; there may be useful information in there.

Most importantly, public notice of every draft individual permit must be sent out. This is your opportunity to review and comment Get on the mailing list for your watershed. Several state permitting agencies are willing to 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

For the most part, citizens believe that every proposed discharger or regulated activity is specifically examined and 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, discharges, require the same limits or operating conditions, and require same or similar monitoring requirements (40CFR122.28). 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 that 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. General permits are prevalent for tormwater, mining and concentrated animal feeding operations.

General permits have two parts to them: the permit that is developed and renewed every five years, and the “Notice of Intent” for coverage under that permit in place. The umbrella permit can vary considerably based on what activity is being permitted to discharge. It will have a description of the activities for which the permit applies, and it should also discuss the potential impacts of these activities and specifically when an activity does not qualify for the general permit. It will also have a description of the information and compliance requirements for every permittee that wishes to be included under it. The actual form or “Notice of Intent” that each potential general permittee must submit, will usually walk the applicant through the information and compliance requirements listed in the permit.

• Monitoring and reporting: General permits usually require less frequent monitoring and reporting than individual permits if at all. Many general permit requirements are wrapped up in the development and implementation of management plans that are supposed to address the permitting agency’s concerns about likely pollution discharge or impacts to designated and existing uses. These management plans, whether for stormwater or mining or CAFOs, are not always required to be submitted to the permitting agency.
• Public notice: General permits are subject to public notice and review during the initial development and regular five-year review of the requirements for all the dischargers. There is limited public or 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 opportunity for public review every five years is very important. [Given how many activities are regulated under various general permits] Information on the permittees covered by each general permit is public information and can be obtained either by requesting it from your permitting agency or submitting a “Freedom of Information Act” (FOIA) request. Citizens can petition for an individual permit to be equired for several reasons including if the discharger is out of compliance, better technology is available, circumstances in the receiving waterbody have changed so the general is no longer protective, or the discharger is a significant contributor of pollutants. (40CFR122.28(b)(3)).

	Next: How much treatment do permits require?