WSR 14-09-118

[Filed April 23, 2014, 9:32 a.m.]

The Washington state department of ecology (ecology) proposes to revise and reissue the industrial stormwater national pollutant discharge elimination system (NPDES) and state waste discharge general permit (permit). The current permit was issued in October 2009, modified in May 2012, and will expire on January 1, 2015. The draft permit and fact sheet are available for review and public comment from May 7 through June 20, 2014, at 12 midnight. Ecology will host six informational public workshops and two public hearings on the draft permit.

Purpose of the Permit: The permit provides NPDES coverage for industrial facilities located in Washington state that discharge stormwater associated with industrial activities. Under federal and state water quality law (Federal Clean Water Act and state Water Pollution Control Act), a permit is required for the discharge of wastewater. The federal definition of wastewater includes stormwater associated with industrial activities.

Most facilities that discharge stormwater from industrial activity either directly or indirectly to surface water are required to obtain permit authorization for their discharge unless they apply for and receive a "no exposure" exemption. Facilities with a "stormwater discharge associated with industrial activity," as defined in the Code of Federal Regulations (C.F.R.) at 40 C.F.R. Subpart 122.26 (b)(14)(i) - (xi), excluding (x), are subject to coverage under the permit.

Applying for Coverage Under the Permit: Facilities covered under the existing permit that reapply for permit coverage in 2014 will be covered under the new permit. New or unpermitted facilities may obtain coverage under the permit by submitting a complete permit application to ecology and satisfying all applicable public notice and State Environmental Policy Act requirements (WAC 173-226-200). The application is available online at https://secureaccess.wa.gov (electronic version); or www.ecy.wa.gov/biblio/ecy02084.html (paper version).

Copies of the Draft Permit: The draft permit and fact sheet are available online at www.ecy.wa.gov/programs/wq/stormwater/industrial/index.html. You may request copies from Kimberly Adams at kimberly.adams@ecy.wa.gov, or (360) 407-6401.

Submitting Written Comments: Ecology will accept written comments on the draft permit and fact sheet from May 7 through June 20, 2014, at 12 midnight. Ecology prefers comments be submitted by e-mail. E-mailed comments must contain the commenter's name and postal address. Comments should reference specific permit text when possible.

Ecology prefers comments be submitted by e-mail to industrialstormwatercomments@ecy.wa.gov. Written comments must be postmarked or received via e-mail no later than June 20, 2014, at 12 midnight.

Submit written, hard copy comments to Jeff Killelea, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600.

Public Workshops: In May and June 2014, public workshops on the draft permit will be held in Tacoma, Mount Vernon, Moses Lake, Vancouver, Washington, and Seattle (two dates). The purpose of the workshops is to explain the proposed changes to the permit. The date, time, and location of the six public workshops are posted on ecology's industrial stormwater web site http://www.ecy.wa.gov/programs/wq/stormwater/industrial/index.html.

Public Hearings: On May 29 and June 16, 2014, ecology will host public hearings to provide an opportunity for interested parties to give formal oral testimony and comments on the draft permit. These public hearings will immediately follow public workshops: On May 29, 2014, at 1 p.m., at the South Seattle Community College, Georgetown Campus, C122, 6737 Corson Avenue South, Seattle, WA 98108-3450, (206) 934-5350; and on June 16, 2014, at 1 p.m., South Seattle Community College, Georgetown Campus, C122, 6737 Corson Avenue South, Seattle, WA 98108-3450, (206) 934-5350.

Issuing the Permit: After ecology receives and considers all public comments, it will issue the final permit and a response to comments. Ecology expects to issue the final permit on November 19, 2014, with an effective date of January 1, 2015.